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BY DANIEL DICKflOH. PICTOU, N. S. FMirrtD m thb bbx omci. 18S7. JZ 1149.1 ed no pains to render it intelligible to every reader ; and he entertains the hope that the arrangement adopted will contribute to its usefulness. He can- not, however, flatter himself that it will be found free fiiom defects ; but he solicits from a generous puMIc that indulgence which ia generally extended to ftrst impressions. Indeed, Ke feels confidtnt that those who are acquainted vnth the complex and confused state of our Provincial Statutes, wilt not require any apology for sins either of omis- aion or eommisaion. To the utility of the present work it may be ob- jected, that the laws relative to Town Officers are liable to annual alterations. But, to obviate thia objection, the author proposes, whenever such ehangei occur, to publish a small supplement, (which may be procured at a trifling expense ;) and if, at any time, such alterations become mate- riid, and the pnseent attempt meet with a favour- able reception, an improved Edition may be pub- lished, including the other officers now omitted. The greater part of this work was written, and even printed, last year, but its publication has been postponed till the late prorogation o( the Legidar tuire, f, section 6. 1 Burns' J. means 1st Vol. Burns' Justice of tb« Peace, iveniy-sixih Ediiion. T. R. or Term. Rep. — Term Reports. Ch. Grim. Law — Chitty's Griminal Law. East's P. C. — East's Pleas of the Crown. Pet. Abr. — Petersdorf 's Abridgment. Black. Com. — Blackstone's Commentariee. M. & S. — Maule and Selwyn's Reports. Ph. Ev.— Phillip's Evidence. H. Bl. — Henry Blackstone's Reports. Murd. Ep. — Murdoch's Epitome, do., ib. — the same. 205 216 217 CHAPTER I. CONSTABLES. CONTENTS: i. THEIR APPOINTMENT. ED. if the on€. f th« II. THEIR DUTIES. 1. To be sworn into office. 2. Topreseivethe peace. 3. To keep order on the Lord's Day, 4. To arrest Criminal offenders — 1. Withmti War' rant — 1. With Warrant, — 3. Time, place, and manner of arresting i breaking open doors ; bach- ing Warrants. — 4>. What to be done after arrest. 5. To execute search Warrants. 6. To execute all other Warrants of Justices. 7. To execute the Warrants and precepts of other officers. — 1. Of Coroners. — 2. Of Overseers of the Pom-. — 3, Of Surveyors of Highways. — 4. Of Commission- ers of Streets. — 5. Of Firewards. 8. To appre- hend Idle and Disorderly Persons. 9. To assist Landlords distraining for Rent. 10. To serve and execute process in civil suits. 11. To attend the Courts, &c. in. THEIR LIABILITIES. 1. For refusing to accept the office. 2. For ne- jlect of duty or misbehaviour in office. 3. For 12 CONTENTS. neglect at time of Fire. 4. For neglecting to re- turn Recognizances, &c. 5. For neglecting to ap- frehend offenders. 6. For taking illegal Fees. 7. n executing process in Civil Suits. 8. For not assisting to remove Eelpots. 9. For not attend- ing Courts. IV. THEIR PRIVILEGES. 1. Protection from vexatious suits. 2. Fees for services — 1. In Civil Suits. — 2. In Criminal Cases. 3. Reward for apprehending offenders. ; \ CHAPTER I. COJ^ST^BLES, - ' "• t' 1. THEIR APPOINTMENT. Constables arc appointed annually in each Coimty of the Province, by the Grand Jury and Court of Sessions. Their Appointment is regulated by the Act of 1765, " for the choice of Town Officers," 5 Geo. 3, c. 1, 1 P. L. 108, as altered and amended by the Act of 1811, 51 Geo. 3. c. 24, 2 P. L. 79. The Act of 1765 required all the Town Officen therein mentioned, to be appointed annually at the Jirsf Court of General Sessions of the Peace ; and limited (in most cases) the number of persons to be nominated by the Grand Jury for each office, and also the number to be appointed by the Court. But from the great increase of the Inhabitants in many of the Townships, this limited number was afterwards found to be insufficient, and the time fixed for appointing them, to occasion much in- •onvenience. The Act of ISII was thercfom V 14- CONSTABLES. li ! i passed, which enacts — " That, in future, the Grand Juries, in the several Courts of General or Quarter Sessions of the Peace, at such term as the Justice.^ of such Courts shall direct, shall, annually, nomi- nate such number of fit and proper persons for each Township and District, as the said Justices shall direct, to execute and discharge the duties of Town Officers for such Township or District as they sliall be appointed for respectively, out of whom the said Court of Session shall appoint such num- ber as they may deem expedient to sei^ve in the several offices to which they shall be so appoin- ted ; .any law, usages, or custom to the contrary notvvithsanding." — 2 P. L. 79. When any pei-son so appointed a Town Officer leaves the Province, changes the town of his re- sidence, or happens to die, wiihin the period for which he was appointed to serve, the Act of 1765 provides, tliat " in such case, any two of His Ma- jesty's Justices of the Peace for the County, shall and may nominate and appoint a fit person or per- sons to sei*ve in such vacant office, until another shall lie nominated by the Grand Juiy, and appoin- ted by the said Court of General Sessions, at their meeting next ensuing such vacancy." — Sec. 1, 1 P. L. 107. [The foregoing remarks have been made applic- able to all the other Town Officers who are ap- pointed by tliesc two Acts, that repetition may be avoided, by referring to this, when their Appoint- ments are under consideration.] The only qualification required by the Act of THEIR APPOINTMENT. 16 4811 for any of those Offices, is, thai the Grand Jury " nominate such numl)er of fit and propter persons for each Township," as the Justices shall direct. Tiicre are, however, three quaUlies requi- site to constitute a "^< and prcferptrsoiC^ to execute the office of Constable, namely — honesty, knowledge, and ability ; honesty, to discharge the duties of his office tnily and faithfully, witliout malice, affection, or partiality ; knowledge, to un- derstand his duty ; and ability, to do it promptly and etfectually. Fire-Engine men are exempted, by the Acts re- lating to Firewards, &c. from serving as Constables "during their continuance in said office, and faith- fully discharging the duties thereof." — 1 P. L, 287. 11. THEIR DUTIES. The office of Constable is said to be both judi- cial and ministerial ; judicial, as preservers of the peace at common law, or by virtue of particular statutes ; and ministerial, as in obeying the war- rants and precepts of Justices,Coroners, Overseers, &c., and the charges of private individuals. — Se« I Burn's J. 792, 2 Term Rep. 406. ^1 If CONSTABLES. M Their various duties as such officers will be cob- sdered in the foliowiiig order .* . , 1. TO BE SWORN INTO OFFICE. The Act of 1765 directs that the Town Officers therein mentioned, << shall respectively be sworn to the faithful discharge of their duty in manner as is already prscribed by the Laws of this Pn>> vince, and shall in every respect conform to the said laws." As Constables are among the number of such officers, it will be their duty, in the first place, aAer being duly notified of their appointment, if they intend to accept the office, to go without delay before some Justice of the Peace, and tak^ the oath required. 2. TO PRESERVE THE PEACE. Constables are considered by the common law as conservators of the peac«, and not only empow- ered to part an affray, but are also bound to use their best endeavours to do so, and, if necessary, to demand the assistance of others. If any man, therefore, shall make an affray, or an assault upon another, in the presence of a Constable ; or, shall threaten to kill, beat, or hurt another, the Constable may, without any warrant, take him into custody, and keep him till the affray is over, or cany him immediately before a Ma* |;istrate. THEIR DUTIES. n COB. icen vom iner ^o- the iber first 3nt, out V- 6ut a Constable is not authorised to lay hands on* those who barely contend with hot wordn, with- out any threats of personal hurt ; and all that lie ean do in such case is to command them under pain of imprisonment to keep the jx^ace. If men be makir g an afl'ray in a house, and the doors are shut, or if i)er8on8 making an afl'ray run into a house, the Constable may enter to preserve the peace ; and if manslaughter or bloodshed be likely to ensue, and entrance, upon demand, is re- fused, he may break open the doors to preserve the peace and prevent danger. But a Constable lias no power to arrest a man for an affray done out of his presence, without a warrant from a justice, unless a felony were dorte, or likely to lie done ; for it is the proper business of a Constable to preserve the peace, and not to pu- nish tlie breach of it. If a Constable is preserving the peace, and any person stands in his way to prevent him, he is justified in taking such person into custody, though not in giving him a blow. The authorities for the preceding points of law will be found in 1 Burn's Justice, 53, 54,261,262, 799.-— 1 Chitty Crim. Law, 20.— East Pleas of the Crown 303, 4, 57 — and case there cited. 3. TO KEEP ORDER ON THE LORD's DAY. The Provincial statute of 1761, entitled " An Act for the better observation and keeping of the A2 I 18 CONSTABLES. Lord's Day," (1 Geo. 3, c. 1, sec. 4, 1 P. L, 65.) «nacts: " That the cliurcluvardcna and the Con- stables, or any one or more of them, shall once in the forenoon, and once in the afternoon, in the time of divine service, walk through the town to observe and suppress all disoi'djrs, and apprehend all ofl'en- ders whatsoever, contrary to the true intent and meaning of this Act: and they are hereby autho- rsed and empowered to enter any public house of entertainment, to search for any such offenders ; and in case they are denied entrance, they are hereby empowered to break open, or cause to be broken open, any of the doors of the eaid houses and enter therein ; and all persons whatsoever are strictly required and commanded to be aiding and assisting any constables or other officers in their ex- ecution of this Act, on the penalty of ten sliillings current money for every neglect. — I P. L. 65. The offenders againt^t this Act, alluded to in the foregoing section are: Persons selling any kind of goods on the Lord's Day ("except milk and fresh fish before the hour of nine of the clock in the morning, and five in the afternoon on the said day.") Sect. 1. — Persons doing any kind of work, business, or labour, on that day, or suffjring their servants or children to do the same, (except works of necessity and chanty,) or using any sport, game, or play on that day. Sec. 2. — Tavern keepers suffering any person (except stranger;!, lodgers or travellers) to remain in their houses drinking or idly spending their time, on that day ; or not keep- ing their dears shut during tlie time of divioe serv'iMt TMCm DUTIBI. tf mnd all penons found eo improperly drinking or a* biding in any public house. — Sec. 3. A consta- ble n»ay remove a perron from church for disturb- ing the congregation in the lime of divine Rcrvice, although no part of such porv.ce was actually going on at the time ; but he has i o r s^ht to detain such person in custody afterwards for the purpose of taking him before a Magi^t.a<43. — 1 Burn'd J. 262. 1 ♦. TO ARREST CRIMINAL OFFENDERS. 1. Without Warrant. In criminal cases, a perron may be apprehended and restrained of his liberty, not only by process out of some Ccurt, or warrant fiv m a Justice, but frequently by ConstabloK, and otlier oHicers, with- out any warrant or ])iepr'pt ; and it seems, an ar- rest may be made w.thout warrant, though there be no reason to suspect an escape. A Constable has a more extensive power as to arresting persons than a private individual has ; for the latter cannot of his own accord, without warrant, arrest a person, except upon his own sus- picion, and not upon report and suspicion of ano- ther, and must in all cnscs when he arrests with- out warrant, be enabled to prove that a felony has been actually commitliHl by some one. Whereas, a Constable may lawfuMy apprehend a supposed offender without warrant, upon a reasonable infor» mation and charge made by others ; and although no felony has been committed. CONSTABLES. In pencral, howevor, a Constanblo cannot any more than a private jwrson, of his own accord, and without an expretw cliari^o or wanunt, justify the Jirrcst of a wuilj^iownl oflbnder, upon suspicion of his guilt, unlesH that he can show that a felony was committed l)y some jMirson, as well as the rea- sonableness of the suspicion that tlie party impri- soned is guilty. Constables are not only authorised, but are also bound, upon a dia'ct charge of a felony, and rea- sonable grounds of suspicion laid before tliem, to apprehend the party accused. And he alone who makes the charge will be answerable, if the i)erson arrested is innocent. When a Constable arrests without a warrant, by virtue of his oflicc of Constable, he should no- tify that he is a Constable, or that he arrests in the King's name. It is much the best, however, for Constables, in all cases not requiring immediate interference, to obtain a Magistrate's warrant before apprehending ai party, for then they will be entitled to the benefit of tlie Aet of 54 Geo. 3, c. 15, s. 7, which pro- tects them when acting under a warrant, on gran- ting a copy thereof when requested. (See their jmvileges.) The positions of law contained in this section, have been carefully extracted from 1 Bum's J. 260 1, 2, 3 ;— 5 ib. 995 ; 1 Chitty Crim. Law 20, 1,2, 3 ; 1 East P. C. 300, and other law books. ,.*Mt- •nam putbi. tl any and r the n of ilony rea- npri- also irea- m, lo J who lerson irrant, lid no- inthe tables, nee, to ending neftt pro- gran- their 3Ction, IJ.260 2. mth Warrant. Whon a Warrant to apprehend an c^ender it directed and delivered to a Constable, he ought, with all Rpccd and Bccrcc>y, to fiiid out the partyt and then to execute the warrant. A wairant directed to several Constablesy may be executed by any one of them. When the Constable named in the warrant em- ploys other persons to a^isist him, he must be so near as to be acting in the arrest, in order to render it legal. The Constable to whom the warrant is directed, may execute it at any time while it is in force, and Anywhere within the jurisdiction of the JVlagis»- trate granting or backing it. It continues in force until it is fully executed and obeyed, provided the Magistrate continues in the Commission. And a person may be twice apprehended under the same warrant, if the purposes of it have not been eflfec- led. The directions of the warrant must be strictly observed, or else the Constable will not be justified in his act«), and may be treated as a trespasser ; [as, if the warrant be to arrest A, and lie airests B. K the Constable be sworn, and commonly known, and acting in his own precinct, he need not shew his warrant, but he ought to acquaint the party with the substance of it : and, if demanded, he ought to produce it, to leave a delinquent no ex- cuse (or resistance. In no case is a Constable required to part whk n CONSTABLES. the warrant out of hie own posscijsion ; for that if liis justification. See 5 Burn's J. 993, 4 ;— 1 Ch. Criin. Law 4-6 to 51; — 1 East P. C. 320, and cases there recited, as authorities for the foregoing section. 3. Time, place, and manner of making an arrest. PtM'sons charged on a criminal account, may be arrested at any time, in the day or night, even on a Sunday, and in any place, and wlioever they may be. In making tlie arrest, the Contstable should actu- ally seiz(! or touch tlic oflenders' body, or otherwise restrain his liberty. The mere requiring the party to g(» before a Magistrate is no arrest or imprisonment ; lor bare words will not make an arrest without laying hold of the ]>erson,or without confining liini. IJut if the Constable comes into a room, and tells a person he arrests him, and locks the door, this is an aiTOS:, for he is in the custody of tlie Constable. 1 Hums J. 2()5, 1 Ch. C. L. 48. Under this licad will be considered 1st, Break- ing open doors; '2ndly, Backing of Wan^ants. Breaking open Doors. — As to breaking open •doors in order to apprehend oflenders, it is to be observed, that the law never allows of such extre- melies but in <'ascs of necessity j and therefore no one can justify breaking open another's doors te iiialie an arrest, unless he fu-st signify to those in the house f< -resaid, it shall and may be lawful for any Ju^t:ce or Justices of the Peace of the County, District, or place, where such person shall escape, go into, be or reside ; and such Justice or Justices are, and are heieby requir- ed, upon proof being made ui)on oath,of the hand- writing of the Justice or Justices, gianting such Warrants, to endorse his or their name or names on such Warrant, which shall be a sulficient authority to the person or persons bring rg such W^arrant, and to all other persons to whom such Warrant was originally directed, to execute such W^an-ant in such other County, District or place, out of the jurisdiction of the Justice or Justice>; granting such Wan'ant as aforesaid, and to apprehend and carry such offender or olVenders before the Justice who endorsed the Warrant, or some other Justice or Justices of such other County, District, or place, where such Warrant was endorsed." If the of- fence be bailable, the Justice endorsing the War- rant is directed by the Fame Section of the Act to bail the paily and deliver the recognizance, exam- ination or confession, and all other proceedings, to the Constable or other person apprehending the oiTender, who is thereby required ** to receive and I THEIR DUTIES. 25 this Pro- le Act cf 2 which St whom or Jnsti- or place, Jupticea hall and 63 of the J, when? lide ; and y requir- he hand- ng such lames on authority rant, and •ant was tn-ant in t of the ting such nd cany ice who islice or r place, the of- he War- e Act to ?, exam- dings, to ling the eive and deliver over sucii recognizance, examination, and other proceedings to the clerk of the Supreme Court, or Clerk of the Peace of the County or District where such offender or offenders is, or are, required to appear by virtue of such recognizance :" (See penalty for neglect,) and if the offence ])e not bailable, or sufficient bail be not found, " then, and in that case, the Constable, or other officer or person, so apprehending such offender or offender?*, shall carry and convey such offenders Ix*- fore any one of His Majesty's Justices of the Pea«o of the proper County, District, or place, where such offence was committed, there to be dealt with according to law." There appears to l)e an omission of some words in the first part of this Section, which renders the meaning rather obscure, a«d which, if supplied, would make it read thus : " That in case any per- son against whom a Warrant shall be issued by any Justice or Justices of the Peace, of any County, 'Istrict or Place, shall escape.^ go into, be, or re- side, in any other County, District, or Place, out )f the jurisdiction of the Justice or Justices grant- ng such Warrant as aforesaid, it shall and may be awful," &c. Tlie English Act, 24 Geo. 2, c. 55, ■ec. 1, from which this section of our Act has i)een copied, with such alterations as were neces- sary to make it applicable to this Province, has words similar to those supplied in italics, and the may ina (■■ rtently been made when the Section was copied, engro«^- sed, or printed. If so it might easily be an.cnded the Lpiiislatun 13 26 CONSTAPLES. The intent and meaning of the Sec. however, as far as concerns tlie Constable, is, tliat when he has a Warrant against a person who has escaped, gone into, or resides, in a County out of tiie jurisdiction of tile Magistrate who granted it, and wishes to ar- rest him tiierc, he must take tlie Warrant to some Magistrate of that County, and get it endorsed, or baclted before he malies the arrest ; and tlien he must take the prisoner before the Magistrate wiio endorsed the warrant, or some other Magistrate of that county. If the prisoner is discharged on bail, the Constable must fed^e and deliver the recogniz- ance and other papers to the Clerk, as already mentioned ; if not, he must take him before some Magistrate of tlie County where the offence wa» committed. 4. What to be done after the arrest. When the Constable has made his arrest; he iimst, as soon as possible, bring the person to the Justice or to gjiol, according as the Warrant directs ; and if he be guilty of any unnecessary delay, it is a breach of duty. If the Warrant be to bring the party before the Justice who issued it, then the Constable is bound to bring him before the same Justice ; but if it be to bring him tefore any Justice of the County, then it is in the election of the Constable to bring him l)efore what Justice he thinks fit, and not as the prisoner pleases. If the time lie unseasonable, as in or near the niffht, or if there be danirer of a rescue, or if tlid THEIR DUTIES. •27 person be sick, the Constable may detain him, till the next day, or such time as it may be reasonable to bring him l)efore the Justice. When the prisoner is brought before the Justice, lie is still considered to be in the custody of the Constable, until he has been discharged, bailed, or committed to prison. If any one espouses the prisoner's cause, and encourages him to resist, the Constable may im- prison such person thus opposing the operation of justice. When an arrest has been made without a War- rant, the Constable may, in some cases, take the party's word for his appearance before a Magis- trate : and this is frequently done when the charge is of a trifling nature, and the person is of good repute, and there is no probability of his abscond- ing. But, if the Constable, after having arrested a party, under a Warrant, suffer him to go at large, upon his promise to come again and find sureties, it is doubtful whether he can afterwards arrest him by force of the same Warrant. But if the prison- soner escapes without the concurrence of the Constable, he may be retaken as often as he es- capes, although he were out of view and had reached another county. The Constable is not obliged to return the War- rant itself, for that is his justification ; but he ought to certify what he has done upon it. See 5 Bum'sJ. 997: 1 Ch. Crim. Law 59, and cases tliere cited. *1H CONSTABLES. D. TO EXECUTE SEARCH WARRANTS. Tli»5 Justices of the Peace, l)y virtue of tlieir of- fice, and, in some catr. The Act of 1823, relating to tin- support ofthc^ Poor (4f Geo. 4 c. 6, sec. 5, 3 I'. L. 150) autho- rises the Overseers, at least twi'iity days U'lore t!ie times apimiuted for tlie Meetint^s of the Free- lioltlers to make provision for the sup[)ort of tiie Poor, to issue their Precepts to tlie Coiislahles of tho several To\vii!;hij>s ami Settlements, ivquirinjj; thcni to notify the inhabitants thereof to meet at the time and place appointed, for that purpose ; and the first Sec. directs the Ct)nstahles, upon su<'h Precepts being directed to them, to give notice at least ten der- sons without a pass from some Justice of the Peac^. Sec. 2. All persons running away and leavinc their wives or children upon any Township ; all persons unlawfully returning, without a certificate, to any Township from which they have heen removed by a Justice's order ; all persons who, not having wherewith to maintain themselves, live idle, and refuse to work for the usual wages ; and all jHjrsons going about to beg alms. 9. TO ASSIST LANDLORDS IN SELLING GOODS DIS> TRAINED FOR RENT. When the goods of a tenant have been distrain- ed for rent due, and are not rei)levied within five days next after such distress, and regular notice thereof, they may be appraised and sold by the person distraining, towards satisfaction of the rent, and charges ; and the Sheriff, or his Deputy, or the Constable of the town, is, by the Act of 1768 (S Goo. 3, c. 4-, sec. 1, 1 P. L. 137) " required to l>e aiding and assisting therein." It will there- fore be the duty of any Constable, when so desir- ed, to aid and assist in such cases. As Constables are sometimes also employed by TtlLIR DUTIES. 3r» the laiitllord to dislrnin the gootla of liis tenant for runt in arrear, (althinij^h it doe« not upjwar that it 'i« their iluiy to do so), it may Jx5 necessary to lay down a few rules for their giruinnco in makings att well as selling such disti'ess. 1. They ought always to have a Warrant in writing, from the landlord, thoiii^h it may he l>y parol ; and if there are more jwrstuis than one en- titled to distrain, the authority should be given hy them all. 2. All personal property found on tlie pi-emises, whctlier it Ijeiongs to the tenant or another i)erson, is in general liable to ))e distrained, unless particu- larly exempted : as for instance : — 3. Whatever is in a man's present use or occu- pation, is for that time privileged from distress ; as a horse on which he is riding, or an axe, &.c. with which he is working. Tilings delivered to persons exercising their trade are also exempted ; as cloth left in a tailor's shop, &c. So are things annexed to the freehold ; an furnaces, the doors or windows of a house,&.c. And so are goods in tlie custo- dy of the law ; as those levied on under an execu- tion. See 1 Burn's J. 974, 4 Term Rep. 565. 5. The Statute makes it lawful to distrain " sheaves or cocks of com, or corn loose, or in the straw, or hay lying or lieing in any barn, or upon any hovel, stack, or lick, or otherwise upon any part of Ihe land or ground charged with such rent." Sec. 2. And also any cattle or stock of the tenant feeding or pasturing on any common belonging to the premises : and also all corn and grass, hops, S I 36 CONSTABLES. roots, fruits, pulse or other products growing on the premises. Secll. d' A (listretjs lor rent must be made in tlie day time. 7. If the tenant fraudulently or clandestinely re- move his goods from the demised premises, for the pui*pose of preventing them from being distrained for rent, they may \ie taken within twenty-one days after, w herever tiiey may be found ; and disposed of, the same as if they had been found on the pre- mises. Sec 6. But if the goods have been sold in the mean time bona fide, and for a valuable consi- deration, they cannot he taken for rent. Sec. 7. 8. It is not lavvful to break open gates or inclo- sui*es, or doors, to make a distress. But if the out- er door of a house is open, an inner door may be broken open for that purjiose. 1 Burn's J. 987. 9. The distress must 1x5 reasonable, and not too great ; for, if it l)e unreasonable, all the parties concerned in taking it, will be liable to an action, —lb. 10. After taking the distress, it is necessar}' to give the tenant or owner of tlie goods, notice of the distress, with the cause of such taking, and inform him that unless the rent and costs be paid in five days, the goods will be sold. — The notice must be left at the chief mansion house, or other most no- torious place on the premises. Sect. 1. 11. After the expiration of five days, exclusive of the day of taking, if the tenant has not replevi- ed the go(xls or paid the rent and charges, they must be appraised by two sworn ap[^raisers, (to TIIEIR DUTIES. 37 be sworn by a Magistrate or the Sheriff), and then " sold for the best price that can be gotten for the same." If they sell for more than the rent and charges of distress, appraisement and sale, tlu' oveq)lus must be given to the owner. Sec^ 1. 12. The sale need ntrt l)e by Auction, though it is usually so. The landlortl, and in general, any person, may be a purchaser. 1 Bum's J. 994. 10. TO SERVE AND EXECUTE PROCESS IN CIVIL SUITS. The Statutes of the Province relative to the Bummasy trials of actions, require that all Writs of Summons, Capias and Execution, issued by the Justices of the Peace, shall be directed to eith- er of the Constables for the County or District where such Justices shall reside : That the Sum- mons and Capias shall be served on the Defend- ant, at least three days previous to the day on which they shall be made returnable : And that the Execution shall be returnable in twenty days from the dav on which it shall be issued. (See 1 V. L. 281, 3 ib. 234.. 1. Of the Summons. When a Constable has a Summons acainst a party, and is not a})le to make a personal service, he must leave a Copy of it at the Defendant's liouse, or last place of abo. If two Executions against the same pereon are ilehvered to a Constable, lie ought to execute that first which was first delivered. 9 Pet. Abr. 269. In case of doubt, dilliculty, or dispute, resj)cc- tingthe right to seize goods, break ojwn doors, &c. the Constable should take legal advice, or be in- demnified by the Plaintiff. 11. TO ATTEND THE COURTS. Tlie last duty of Consta])les, to Ik? here noticed) consists in attending the different Courts of justice, and the Sessions of the Peace, to execute the or- ders of the Court, and to assist the Sheriff in the performance of his duty ; such as in keeping silence knd decorum, taking charge of prisoners, &c. — The Sheriff generally summons such numl)er to attend, as he thinks necessaiy for the above pur- [wses ; and they are liable to a fine for every day's l4on-attendance, or for neglect of duty when pre- ient. (See their Liabilities, p. -i?) THEIR LIABILITIES. a III. THEIR LIABILITIES. 1. FOR REFUSING TO ACCEPT THE OFFICE. Cons^tables Jire, in the first place, liable to a fine of forty shillings if they refuse to accept the office when duly appointed. To \)c recovered be- fore any two Justices, and levied by Warrant of distress. To be applied to the use of the Poor of the Township. 1 P. L. 107. 2. FOR NEGLECT OF DUTY OR MISBEHAVIOUR IN OFFICE. Constables " being guilty of any neglect, or misbehaviour, in the execution of the duty of their respective offices," shall forfeit and pay the sum of forty shillings. Recovered and applied as the preceding. — ib. 3. FOR NEGLECT AT THE TIME OF FIRES. The Constables of those towns to which the Acts relating to Firevvards have been extended,* are liable to te fined from 5 to 20 shillings for ne- glecting to attend, or not doing their duty, or not obeying the Firewards, at the times of fire, or a- • See Note, p. -SB. •i CONSTABLES. ! larm of fire, or for neglecting, when called upon by the Justices after a Fire, to produce a certifi- cate from one or more Firewards, that they duly attended and did their duty at such Fire, or shew a good excuse for not attending. Recovered be- fore any one Justice of the Peace. (Ste 2 P. L. 91 : 52 Geo. 3, c. 13, sec. 5. The Act directs the Clerk of the Peace from time to time to notify the Constables of their duty in this respect, by reading to them that clause in which it is contained. — ib. 4. FOR NEGLECTING TO RETURN RECOGNIZAN- CES, &C. The Act of 1814 (54 Geo. 3, c. 15, sec. 8: 2 P. L. 123) after directing the manner of backing Warrants, as before mentioned (p. 24,) enacts — " And if such Constable, or other person to whom such Recognizances, Examination or Proceedings, shall be delivered as aforesaid, shall neglect or re- fuse to deliver over the same to the Clerk of the Supreme Court, or Clerk of the Peace of the Coun- ty or District where such offender or offenders is or are required to appear by virtue of such Recogniz- ance, such Constable, or other person, shall forfeit the pinn of Ten Pounds ; to be recovered against him by Bill, Plaint, or Infonnation, in the Supreme Court." I THEIR LIABILITIES. 4» 5. FOR NEGLECTING TO APPREHEND OFFENDERS. The Act of 1774 (14 & 15 Geo. 3, v. T), 1 P. L. 186) for punishing Rogues, Vagabonds, ami other Idle and Disorderly Persons, enacts. Section 3 — " And incase any Constable, or other such ofli- ccr, refuse or neglect to use his best endeavours to ap|)rehend or convey to some Justice, any such otTcnder, it shall Ik) deemed a neglect of duty, and he shall be punished as hereinafter directed ;" and tiien Section 5 enacts— Tiiat if anv Constable be negligent of his duty in the execution of this Act, he shall forfeit any sum not exceeding five Pounds, nor less than ten Shillings. To lie recovered be- foie one Justice, and levied by Wan-ant of distress ; and if suHicient distress cannot be found, the Jus- tice may conmiit the person so oU'ending to pri- son, or tlie house of correction, there to Ik* kept to hard labour for any time not exceeding two «ionths»* ''^ 6. FOR TAKING ILLEGAL FEES. nV Act of 1787, (28 Geo. 3, c. 15, sec. 6, 1 P. L. 264,) for the establishment of Feesy impos- es a ijenalty of ten Pounds on any oflicer, who shall exact or take any greater or other fees for tlieir services, than are ascertained or allowed by tins Act. " To be recovered by action of debt, bill, * See p. 34 for what parsgni are to be deemed «&•»' dera against this Act 46 CONSTABLES. plaint, or information, in any Court of Record in this Province, with i\\\\ costs of suit ; and tlie par- ty so oflfending, siiall further pay douhle the amount of the excessive fees taken, to the party aggrieved." One half of the JE 10 to go to the King, the other half to tlie prosecutor. (See tlieir Privileges.) 7. IN EXECUTING PROCESS IN CIVIL SUITS. When Constables have a Capias against a per- son, and do not take him, if they have an oppor- tunity ; or, having arrested, let him go at large with- out taking bail, or having the plaintiff's consent; or allow him to escape, or jje rescued ; unless they have him at the return of the Writ, they will be li- able to the Plaintiff for the debt. And when they have an Execution and do not take the Defendant, if they have had an opportunity, before the return of the Writ, or if tliey let him go at large without the Plaintiff's consent, or escape or be rescued before he is committed to prison, tliey will be like- wif?e liable. If they have an Execution against A, and take B — or if they make an arrest out of their jurisdic- tion — or after the return-day of the Writ — or on a Sunday — or unlawfully break open doors — they will be liable to an action of trespass. And if they take goods not belonging to the Defendant — or ex- empted by Law from Execution — or if they are guilty of any abuse or excess in executing the pro- cess, they will be liable to an action of trespesi THEIR LIABILITIES. 47 at the suit of the party injured. (Sec their Duties,, p. in to 4-*i } and auttiorities tliere cited. 7. FOR NOT ASSISTING TO REMOVE EEL- POTS, &C. Tlie Art of 1S29, relative to Eel Fisheries, (10' Goo. 4, vAO, sec. 2, 4- P. L. 60, enacts—That all persons may reijuirc the aid and assistance of a Constahle, or the Overseer of the River fisheries, for the purpose of taking and removing any hedge wear, fish-garth, net, seine, eel-pot, or other incum- hrance, found, between tlie first day of May and the twentieth day of June, in or across any river, brook, stream, or other place within tJie Province; " and upon the neglect or refusal of such Constable or Overseer, being previously so required, he or they may be prosecuted at the next General Sessions of the Peace, by information or indictment, and if thereupon convicted, shall ])e fined by tlie Court as in other cases of neglect of duty." 8. FOR NOT ATTENDING COURTS, &,C. As has already been observed, (p. 4-2,) it is the duty of Constables to attend the dilferent Courts of Justice and Sessions of the Peace, when summon- ed by the Sheriff; and they are liable to be fined, at the discrertion of the Court, for every day they refuse or neglect to attend, unless they can shew 4S CONSTABLES. |i n HufTiciont excuse for l)oini5 "I'^^t'nt* And if tlier arc jruilly of any ne^lt-rt or niisk'havioiir in tluj t'XtM'iitjon of tlioir duty, while in attendance, they may l)c fined in tlie same manner, and e\en imim- Honed. IV. THEIR PRIVILEGES. 1. PROTECTION. FUOM VEXATIOUS SLITS. Bv the conunon law, an officer who merclv ex- eciited a Warrant, was answerahle for the cense- quences, if tiie Magistrate vvho issued it, acted without authority. Constables were consequently exposed to vexatious actions in discharging those very duties lor neglect of which they might oth- erwise he punished. But they niv now protected in this Province, when acting in obedience to Jus- tices' Warrants, by the Act of 1814-, H Geo. 3, c. 15, sec. 7, 2 P. L. 122, which enacts—" That no action, shall be brought against any Constable or other otficer, or against any person or persons acting by his order, and in his aid, for any thing done by him in obedience to any Warrant under the hand and seal of any Justice of the Peace, un- til demand has l)een made and left at the usual place of his abode by the party or parties intending to bring such action, or by his, her, or their attor- ney, in writing, signed by the party demanding the THEIR PRIVILECES. 49 same, of the perusal and ropy of such Warrant and the Hanie han l)cen refusiHl for hix days after such demand, and if after Huch demand, and com- pliance therewith, by «hewing the said Warrant to, and permitting a copy thereof to te taken by, tlie party demanding the Hame, any action hiiali lie brought against Much Contitable or other officer, or against such person acting in his aid, for any such cause as aforesaid, without making the Justice or Justices who signed or sealed the said Warrant, de- fendant or defendants, that on producing or proving Buch Warrant, at the trial of such action, the Jury shall give their verdict for the defendant or defen- dants notwithstanding any defect of jurisdiction in such Justice or Justices : and if such action be brought jointly against such Justice or Justices, and the Constable or other officer, or persons act- ing in his or their aid, as aforesaid, then on proof of such Warrant, the Jury shall find for such Con- stable, or other officer, and persons so acting as a- foresaid, notwithstanding such defect of jurisdic- tion, and if tlie verdict shall be given against tlie Justice or Justices, the plaintiffs shall recovei costs of suit against him or them, to be taxed by the Court, so as to include tlie costs which the plaintiff or plaintiffs are liable to pay to the other defendant or defendants for whom such verdict shall be found as aforesaid."* * This Section is inserted at fuUVngth that it may be referred to when considering the Privileges of other Tow;s Officers within th« protectign of the Act. •pi 50 CONSTABLES. The 10th Section of the same Act directs — " Tliat no action shall hereafter be brought against any Constable or otlier officer, or person acting aa aforesmd, unless such action shall be commenced witliin six calendar months, after the act complain- ed of shall have been committed." The Legislature intended by the 7th Section of the Act to prevent the Constable or other officer, when acting in obedience to the Warrant, from be- ing answerable on account of any defect of juris- diction in the Justice, and to afford him an abso- lute protection at whatever period of time the ac- tion might be brought against him ; and by the 10th Section to make him free from any legal liability, after the lapse of six calendar months, where he has acted not in obedience to his Wanant, but bond fide, and in supposed obedience tlicreto. (See l^Bums' J. 803.) When the Constable has done an act in obedience to the Warrant of a Magistrate, /le cannot be sued, but only the Magistrate who has exceeded his ju- risdiction, provided the Constable give a copy of his Warrant after the demand, in pursuance of the Act. But the Constable is not protected from an illegal act if he had no Warrant at all ; or if he acted beyond its authority, in which cases, no de- mand of a copy cf the Warrant is necessary. — ib. 804<. Therefore, if a Constable has a Warrant to take tlie goods of A. and he takew the goods of B : or if he take a person's goods, or break open a house not mentioned in a search Warrant, which he is THEIR PRIVILEGES. 51 executing, he will be liable to an action of trespass, without any demand of the Wanant. But in those cases where he is liable, the action mu^t be comnienced, within six months afier the act complained of shajl have been committed. Sec. 10. • . u- •. ' ■.' V If the Constable deliver a copy of his Warrant before the commencement of the action, ahhoug^i after the expiration of six days from the demand, it is sufficient. 5 £a8t Rep. '^5, The Constable need not return his Warrant to the Justice, nor ought he to part with it out of his own possession, for that is his justification. If a copy of it is demanded, he should either make a copy himself, or allow the party applying to take one. The 7th Section of the Act points out the mode in which the demand should be made. — The signature of the Attorney to the demand, on l)ehalf of the party applying, is sufficient. 1 Burn's J. 805. By the Act of 1829, 10 Geo. 4. c. 44-, 4 P. L. C9, if an action is brought against a Constable or any other person, for, or on account of, any thing done under or by virtue of any Provincial Statute, or any English Statute in force in this Province, he or they may plead the general issue, or any brief plea, and give the special matter in evidence, the same as if it had b^n specially pleaded. 5^ CONSTABLES. S. FEES AND ALLOWANCES FOR SERVICES. J i i: 1. In Civil Suits. The Act of 1787, (28 Geo. 3, c. 15, 1 P. L. 263, (for the establishment of Fees, aJlovvsi and e»- tablishes the fees of Constables as follows : Attending a Jury in each cause. Is. Serving every Warrant or Summons, Is. Summoning a Jury by warrant from Coroner, and attendance per day, * 2^. 6d. Travelling, per mile, 2d. The Act of 1822 (3 Geo. 4, c. 3, 3 P. L. 135) for the Summary Trial of Actions, directs that the Constables' Fees to be taken and received in all Causes before Justices of the Peace, shall be as follows : Service, ly. Travel, 3d. per Mile. 2. In Criminal Cases. The Act of 1768, 8 & 9 Geo. 3, c.2, sec. 1, 1 P. L. 147, directs, that persons who shall be committed to Gaol by any Justice of the Peace, for any offence or misdemeanour, having means or ability, << shall bear their own reasonable charges for so conveying or sending them to the said Gaol." And if any such persons shall refuse to defray the * See also Act of 1828, 9 Geo. A, c. 16, lec. 2, 4 P. L. 82. THEIR PRIVILEGES. said charges, the Justice shall grant a Warrant to sell 80 much of the goods and chattels of the said persons as shall satisfy and pay the same. The second Section enacts — " That if the said person or persons so to be committed as aforesaid, shall not have or be known to have, any goods or chattels which may be sold for the purpose afore- said, within the county, town, or place, that then the said Justice or Justices, on application by any Constable or other officer who so conveyed such persons to Gaol, shall, upon oath, examine into and ascertain the reasonable expenses to be allow- ed such Constable or other officer, and shall forth- with, without fee or reward, by Warrant under his or their hand and seal, or hands and seals, order the Treasurer of the County to pay the same, which the said Treasurer is hereby required to do as soon as he receives such Warrant ; and any sum so paitl shall be allowed in his accounts." The fourth Section provides that when no Coun- ty Treasurer shall have been chosen, or the Trea- surer shall not have any money in his hands to pay the sum so ordered, then " the same shall be paid out of the public Treasury of the Province." One of Uie purposes mentioned in the Act re- lating to County Rates, for which money is to be raised by presentment of the Grand Jury, at the General Sessions of the Peace, is, " to pay any allowance which may be made by the said Court of Sessions of the Peace, held in and for any such County or District, to any Constables for extraor- dinary expenses incun-ed in the execution of their D2 54 CONSTABLES. duty, in cases of Riot or Felony." 5 Wm. 4, c. 13, sec. 2, 4 P. L. 385. 3. RiSWARD FOR APPREHENDING OFFENDERS. The Act of 1774, (14 & 15 Geo. 3, c. 5, 1 P. L. 186) " for punishing Roguen, Vagabonds, and other Idle and Disorderly Persons," after declaring who are to be deemed such offenders, and autho- rising Constables and other persons to apprehend and carry them before a Justice of the Peace ; (See pages 33, 34) directs that if any Constable or other person so apprehend and convey any such of- fender, "it shall be lawful for such Justices to re- ward any such Constable, or other person, by making an order under his hand and seal on the Treasurer of the County, to pay ten shillings to the person so apprehending him, on producing such order, and giving a receipt." SPECIAL CONSTABLES. i Justices of the Peace, it appears, are authoris- ed, in cases of necessity, to appoint and swear in persons to act as Special Constables, for such time «nd in such manner as the Justices shall deem SPECIAL CONSTABLES. 55 fit and necessary, for the preservation of the pub- lic peace, and for the suppression or prevention of any riot, felony, or misdemeanour. Such persons, when so appointed for those purposes, are bound to serve, and are, for the time, vested with all the powers and privileges pertaining to the office of Constable. The English Statute 1 Geo. 4, c. 37, reciting that doubts had arisen whether any person could be compelled to act as a Special Constable, except in any actual tumult, riot, or felony ; authorises two or more Justices of the Peace, by ihe information (on oath) of five respectable householders, to ap- point Special Constables when any tumult, riot, or felony, has taken place, or is likely to take place, and may be reascmably apprehended; and imposes a penalty for neglect or refusal. Although this sta- tute, it seems, is not in force in this Province, and the appointment of Special Constables is not pro- vided for by any Provincial Act, the Magistrates al- ways cKcrcise the privilege of appointing them, in cases of necessity. And, it is presumed, they are autliorised to do so, by virtue of their office, as con- servators of the Peace. One of the purposes mentioned in the Act re- lating to County Rates, for which money is to be raised by the presentment of the Grand Jury, at the General Sessions of the Peace, is, " to pay any allowance which may be ordered by the said Court of Sessions to be made to any Special Constable or Constables, for his or their expenses, trouble, 4tnd loss of time, in executing or endeavouring to 86 SPECIAL CONSTABLES. execute any Warrant or Warrants which such Constable or Constables have or hath been appoin- ted to execute, or to atjsist in executing, in any case of Felony or Misdemeanour." 5 Wm. 4, c. 13, sec. 2, 4 P. L. 386. This clause of the Act, in providing for the expenses of special Con- stables, recognizes the right of Ma^strates to ap- point them, when necessary, for the purpose of ex- ecuting their Warrants. • .1 CHAPTER II. OVERSEERS OF THE POOR, CONTENTS: I. THEIR APPOINTMENT. II. THEm DUTIES. 1. To be sworn into Office. 2. To call a Meet- ing of the Freeholders — Time of Meeting — Voting Money — Appointing Assessors, &c. 3. To ap- ply to the Magistrates, if the Freeholders neglect to meet, &c. 4. To dispose of the money voted for the support of the Poor. 5. To recover pay- ment from persons of property, obtaining relief. 6. To sue delinquent Assessors & Collectors- 7. To refund persons that have been overrated. 8. To render their Accounts to the Sessions, and de- liver Books and money to their successors. 9. Relative to the settlement of the Poor — 1. Set- tlements in general. — 2. The different modes of gaining a settlement in this Province — 3. Remov- al of Paupers who have not gained a settlement — 4. Beggars and Vagrants — 5. Liability of Parents and Children to maintain each other — 6. Persons possessing property leaving their families destitute — 7. Insane persons. 10. Relative to Bastards. 11. As Surveyors of Township lines and bountls. 58 CONTENTS. III. THEIR LIABILITIES. 1. For refusing to serve. 2." For neglecting to call a meeting of the Inliabitante. 3. For notren- •lering tlieir accounts to the Clerk of the Peace. 4. For not attending a survey of Township boun- tiarieft. 5. Upon their Contracts. 6. For mis- conduct in oifice. 7. Extra Liabilities of the Overseers for the Township of Pictou. IV. THEIR PRIVILEGES. 1. Protection from vexatious suits, pensation for services, &c. 2. Com- »^"i(i(»r CHAPTER II. OVERSEERS OF THE POOR, I. THEIR APPOINTMENT. The Overseers of the Poor, (who are also Sur- veyors of Township hnes and boundu,) are ap- pointed annually, by the Grand Jury and the Court of Sessions ; at such Teiin as the Justices of the Court shall direct, * and in such number as they may deem expedient. The Act of 1823, 4- Geo. 4, c. 6. sec. 5, 3 P. L. 150, enacts — "That the Overset'srs of tlie Poor throughout the Province, (the Township of Hali- iax excepted) shall continue to be nominated, re- commended, and appointed, in the manner now l>y Law provided and directed ;" — that is, according to the regulations contained in the Acts 5 Geo. 3, r. 1, 1 P. L. 106, aud 51 Geo. 3, c. 24, 2. P. L. 79 « for the choice of Town Ollicers." Tlies^e Acta have been already explained, in considering * Except in the Townahip of Pictou. 60 0VERSEE1l£ OF THE POOR. li the appointment of Constables, c. 1. p. 13, 14 — wliere tliey may be referred to for further particu- lars. [The Overseers for the Township of Piclou, are hereafter to be appointed at the July Term of tlic General Sessions, and to go into office, and commence their duties on the first day of the next ensuing Janxmry Term, after their appointment — and to continue in office until the Monday before the then next January Term. And any vacancy occurring in the office is to be filled up for the year it happens, by the General Sessions, at any Term, or by any Special Sessions, called for that purpose. Act of 1836, 6 Wm. 4-, c. 39, sec. 1, 13 ; in force for two years.] According to the regulations of the Acts referred to, the Grand Jury and Court of Sessions are to nominate and appoint " fit and proper persons," to serve as Overseers of the Poor — ^no other qualifi- cation is required — and no particular persons, or professions, are expressly privileged. But it is cus- tomary, in general, to exempt (from this office) persons belonging to the profession of the law, physic, or Divinity ; or holding any public situa- tion ; of having served in any Town Office with- in three years previous; &c. &c. In making such exemptions, the Grand Jury and Justices exercise a discretionary power : but they cannot too carefully comply with the letter of the law, in selecting "Ji/ and proper persoMf^ to discharge the duties of Overseers of the Poor* 1 1 TIIEUl DUTIES. 61 p. 13, 14— her particu- of Pictou, uly Term of > office, and day of the appointment mday before iny vacancy for tlie year any Term, hat purpose. 13; inforoe lets referred isions are to persons," to ther qualifi- persons, or )ut it is cus- this office) of the law, lublic situa- Office with- Grand Jury power: but the letter of oersonSf^ to 6 Poor. II. THEIR DUTIES. The duties of Overseers of the Poor ate very extensive, arduous, and responsible. They ought, ilierefore, to be well acquainted with the laws of the Province, respecting the support and settlement of the Poor ; and the maintenance and manage- ment of Bastards and Lunatics, &c. In the year 1823 an Act was passed, to repeal, and reduce into one, the several Acts, then in force, relating to the support of the Poor ; except so far as they relate to the Town of Halifax. This con- solidated Act, (4. Geo. 4-, c. 6, 3 P. L. 149), with others in amendment, contains the regulations for voting," assessing, collecting, and expending money for tlie maintenance of the Poor» throughout the Province — except in the Town of Halifax, which is not included in any part of it j and as altered for the Township of Pictou by the Act of 1836, 6 Wm.4, c. 39. But the several Acts relating t»^ the settlement of the Poor, were not repealed by the Act of 1823, and are still in force. The only " Act to provide for the support of Bastard chil- dren," is the 32 Geo. 2, c. 19, 1 P. L. 27 ; and the Act of 14 & 15 Geo. 3, c. 5, sec. 7, 1 P. L. 187, contains the regulations for the management of mad persons. The various duties of Overseers, therefore, ac- cording to the present laws of the Province, will be considered in tlie following order : E \ I ' nC OVERStEBS or THE POOR. 1. TO BE SWORN INTO OPnCE. The first duty oC Overseers of the Poor, " after taking upon theni tlio Raid situation" is, to bo "duly sworn to the faithful execution of the dutie^f of the same." Act of 1823, 4 Geo. 4, c. 6, sec. 5, 2P.L. 150. They may be sworn in, l)efore the Cotirt of Ses- sions, at the timo they are appointed } or afterwards, by any Justice of the Peace. When any person, who has been appointed ari Overseer, prefers paying the penalty (Xf),) to ac- cepting the ofRce, he ought to make known his in- tention as soon as possible, that another may bo appointed in his place. [Tiie Act of 1836, 6 Wm. 4, c. 39, sec. 7, di- rects, tliat every Overseer for the Township of Pic- tou, shall ** within ten days after going into office, proiluce a certificate from some Justice of tho Peace of his having teen duly sworn to the faith- ful discharge of his duty'* — and leave the same with the Treasurer, who shall record it in a book to 1)0 kept by him for that purpose.} 2. TO CALL A MEETING OF THE LNHABITAKTS. The next duty of tlie Overseers, after being swoni into office, is to call a Meeting of the Free- holders, to vote money for the support of the Poor for the current year. The 5th Section of the Act of 1823, directs, THEIR DUTISS. U) ABITAKTS. tiiat tlic Ovcrftccni of the Poor, after taking upon thcin that 8ituatiun, and being duly fiwom to \\iv faithful execution of tlie duties of the vanie, t*hall, at least twenty days before the time appointed for the meeting of the inhabitant;) to make provision r«ir tlio support of tlie Poor, i»Mie their Precepts to the Constables of the several Towntthips and Set- tlements, respectively requiring them to notify the Inhabitants thereof to meet at the time and place appointed for tliat purpose* Time of Meeting — Voting money — Jlppoiniing Assessors, Sfc, Tlifi 1st Section enacts "That it sliall and rmj iie lawful for the Freeholders of each and eveiy Township within this Province (the Town of Ha- lifax excepted) or of any Settlement or place not comprehended within any such Township, and \diere there are twenty or more Freeholders resi- dent, to hold two Meetings annually, if necessar}', to make provision for tlw support of their Poor : which Meetings shall be held on the first Monday in April, and on the first Monday in November ; and of which Meeting, with the place or places of holding the same, the Constables for the said Town- ships and Settlements respectively, upon a Precept direcAed to them, being issued, as hereinafter pre- scribed, shall give notice, at least ten days before tlie «aid times of meeting respectively ,at which Meetings the said Freeholders present, having first elected a Chairman to preside at the same, shall and may vote such sums of money as they shall judge ne- (i^ OVERSEERS OP THE POOR. f'-er'sai'y for the support of their Poor for the gun rent year, or for the next ensuing six months of the same, and shall choose and appoint five Freeiiolders of suoli Township or Settlement, aYiy three of whom shall be a quorum, to assess as hereinartpf mentioned for the sum or sums of money so voted ; and in case the business to be transacted at the f aid Meetings cannot Ije completed on the said days re- Hpectively, it shall and may Ije lawful for the saict Chairman, with the consent of the majority of the Freeholders then present, to adjourn the said Meet- ing to the day following, or to any other day, and then to conclude the business of the same." [The time of these Meetings in the TovMiahip of Pictou, is altered by the Act of 1836, sec. 2, to " the second Monday after tlie Terms of the Gle- neral Sessions of the Peace held in January and July."] Deficiencies, The 2il Section of tlie Act of 1823, enacts— " That if the sum of money voted at any such Meeting as aforesaid,, f(x the support of the Poor, be insufficient for that purpose, Uie Freehdders as aforesaid, in such their next Meeting shall be, and they are hireby, empowwed to vote as aforesaid, such further sums as ^all be determined to be ne- cessary for making good such deficiency." [The Act of 1836, sec. 12, enacts, that if, upon investigation of the accounts of the Overseers of the Poor for the Township of Pictou^ and of the Treasurer, as submitted by him to the Sessions, THEIR DUTIES. 65 *'it shall appear that the expenses paid or actually incurred) in and for the previous year, shall exceed the sum voted, assessed, and actually collected, for the supiK)rt of the Poor, in the sam^ year, and thereby a deficiency shall be left to be provided for, then at their next Meeting, after auditing such ac- counts, it shall and may be lawful for the Free- holders and Inhabitants of said Township, to vote and assess, in addition to the monies required for the support of the Poor, the amount of any such deficiency, which deficiency shall lie assessed, le- vied, and collected, together with, in the same manner and by the same means, as the monies vo- ted and assessed for the support of the Poor." — (This is nothing more than the Act of 1823 pro- vides, according to the titie intent and meaning of the second Section. It merely makes more mani- fest, what appears to be the proper and reasonable construction of that Act.) The same Section al- so directs, that the money so voted, assessed, and collected, when paid over to the Treasurer, " shall be by him applied to the liquidation of the said de- ficiency, and be paid to the person or persons to whom such deficiency may or shall be due and owing, as shall appear by the said accounts, to be submitted as aforesaid."] 3. TO APPLY TO THE MAGISTRATES IP THE FREE- HOLDERS NEGLECT TO MEET OR VOTE MONEY. The 8tli Section of the Act of 1823, enacts— « That in case the Freeholders of anv Townshir) 66 0VERSEE18 OF THE POOR. or Settlement as aforesaid, shall neglect to meet on any of the days hereinbefore appointed for the pur- pose of making provision for the support of their Poor, as l)efore directed, or, having so met, shall neglect to make any such provision, or one adequate and suificient for the said purpose, in smy or either case, the Justices of the Peace in the General Ses- sions, held for the County or District unthin which such Township or Settlement is situated, or in any Special Sessions to be called and hdd for the pur- |)ose, shall, on the application of the Overseers of the Poor for such Township or Settlement, amerce such Township or Settlement, in such a sum as shall appear to them to be necessary for the pur- pose aforesaid." When the Justices make any such amercement, they are to appoint the Assessors ; and the money is to be assessed and collected, in the same man- ner as when Assessments are made by the Free- holders, at their meetings. But neither the Justices, nor the Freeholders, are authorised to amerce or assess any Township for deficiencies arising before the last previous year ; for otherwise, persons coming to reside there, may be assessed for the expense of former years, while they had been contributing to the support of the Poor in another Township ; — which would be as unjust as it is unlawful. The Court of General Sessions of the Peace for the District of Pictou, in the Term of July, 1834, decided, that an Assessment, made by the Justices Special Session, for the deficiencies of several ui THEm DUTIES. f7 years previous, could not be supported ; and it was accordingjiy quashed. as 4<. TO DISPOSE OP THE MONEY VOTED ton IHE SUPPORT OF THF POOR. The money voted by the Freehohlei-a for thi' Bupport of the Poor (or in caie of their neglect, amerced by the Justices,) vs^hen a^tiessed and col- lected, is to be paid into the hands of the Over- seers, who are required to dispose of and apply it for thf before-rmniioned purpose only^'' that is, lor the relief and maintenance of the Poor. Sec. 5. [The Overseers for tlie Township of Pictou are req\iired by the Act of 1836 to apply such money *' according to Law, and as shall have been direct- ed by the Vote of the majority of the Inhabitant.-? and Freeholders at the Meeting held for votinji such Monies." Sec. 4.] The Overseers are permitted to procure provi- sions, and other n^bessaries, for the support of poor persons under their charge, who are in the habit of making an improper use of money, where it is sup- plied for tliat purpose. But they must fornisli these provisions and necessaries, at the lowest cash price j and are not allowed to make any pro- fit to themselves, by such dealings. In some Townships, the Overseers provitle for the permanent paupers, by agreeing with ])ersons to keep them for so much during the year. In otliers, by setting them up at the Town Meetings, and knocking them down^ to the lowest bidders. ft 68 OVEHSEERS or THE POOR. li The latter practice, though perhaps, the most eco- nomical to the parish, is not always the most agree- able to the paupers, who are very tenacious of their rights and privileges ; for, as the " lowest bidders" generally giye them the lowest living, they are sel- dom satisfied with their situations. But Overseers are too apt to overlook complaints and grievances, which they ought to hear and redress : for, (although the Proverb says — ^'* Beggars must not be choos- ers,**^ it is their duty to consult the convenience and comfort, of those imfortunate objects of chanty, for whose support the public purse provides. 5. TO RECOVER PAYMENT FROM PERSONS OF PROPERTY OBTAINING RELIEF. The 13th Section,. Act of 1833, directs—" That when any person shall apply for and obtain relief from the Overseers of the Poor of any Town or place, and it shall happen tha^Mch person, at the time of his or her application, or relief, was pos- eeased of, or entitled to, any propec^j real or per- sonal, out of which the expenses ipciirred for his or her relief may l)e repaid, it shall aiid may be lawful for such Overseers, as oreditors to.^iuch per- sons in behalf of the Public, to demand and receive from him or her a re-payment of all, or any part of, the expenses so incurred for the relief of such per- son, and if need be to enforce the payment there- of, by the usual remedies of attachment, arrest, or other legal process j and all monies so received or THEIR DUTIES. 6J» recoverei^, eball be accounted for by such Overseorrt as other monies received for the use of the Poor." C). TO SUE DELINQUENT ASSESSORS AND COL- LECTORS. The Overseers of tlie Poor are to sue for and re- r.over the fines iinpot-ed upon the Assessors and Collectors of Poor Rates, for neglecting to ser\'C in their respective oflices, or neglecting any of the du- ties required of them by the Act, and to api)ly such fines, when recovered, towards the support of the Poor, They are also entitled to receive all those fines imposed by various Acts, as penalties for offences, which are directed to be applied to the use of the Poor in their Township, and must apply them ac- cordingly when recovered. 7, TO REFUND PERSONS OVERRATED. The Act of 1823, Sec. 4, provides — -that if any person shall think himself oveiTated, he may ap» })eai to the Sessions, and that the Justices, upon hearing his complai*^t, may give redress, " as they in tlieir judgment may think equitable." And the 15th Section directs, that if the person so appealing, shall make it appear to the Justices, tliat he has ?)een assessed more than his just sliare or propor- tion, it shall and may be lawful for the said Justices to cause such pereons to be relieved and reimburs- 70 OVERSEERS OF THE POOR. «h1 tlie excess of such rate, " by order to the Over- s(iei"8 of the Poor for the Township or Settlement witliin which such |)erson or i)ersons was or were so ratetl, which Overseers are directed to refund t/tc samey 8. TO RENDER THEIR ACCOUNTS TO THE SES- SIONS, AND DELIVER BOOKS AND MO- >EV TO THEIR SUCCESSORS. The fifth Section requires that the Overseers of the Poor " sliall within one month after the expi- ration of tlieir office, rentier to tlie Clerk of the Peace of the County in which they reside, to be by liim laid before the Justices at their next Sessions, an account of all sums of money received and ex- jiended by them for the support of the Poor, and shall account, on oath, if i^juired, before the Ge- neral Sessions of the Peace within the several Counties and Districts respectively held next after the expiration of their office, (or aJl sums of money received and applied, and expended by them for the purpose aforesaid ; and they shall enter their proceedings in a book to be kept for the purpose ; and, at the expiration of their office, they shall deliver tlie same to their successors, and shall pay into their hands any balance of money received by ttiem as aforesaid, and remaining unexpended.^' [The Overseers of the Poor for the Township of llctou are required, by the Act of 1836, to deliver to tl\e Treasurer, seven days before tlie first day of the January General Sessions of the Peace, a THEIR DUTIES. 71 correct statement of all receipts and disbursements made by them respectively. Sec. 8. These accounts together with his own, the Trea- surer is to submit to the Sessions, on the first day of each January Term to be audited, and published as tJie Court shall direct. Sec. 9.] The Justices of the Peace in their Sessions, are required by the 6th Section, Act of 1823, to " ex- amine the accounts of the Overseers of the Poor, submitted to them as before directed, and shall al- low such accounts, if they appear just ; and may refuse to allow any sums of money, charged in such accounts, which ths said Justices shall ha\'e reasonable grounds to believe unduly or unfairly charged or expended." The Overseers must therefore observe an econo- mical expenditure of the funds provided for the support of the Poor, by furnishing relief to such persons only as are entitled to it, and to such a- niount only as the necessity of the case requires. They should obtain from their predecessors a list of all the Paupers legally settled in the Township, and the amount that has been allowed for the support of each. They should also keep an accurate ac- count of all the money they receive and expend ; and be careful to take receipts, if possible, for all their disbursements, to enable them when an inves- tigation takes place, to give an honest account of their transactions. If, at the expiration of their office, they find that their necessary expenditures exceed the amount voted, and actually collected, for the year they have been in office, diey should i i I n OVERSEERS Ot THE POOtl. lay an account of^ucli deficiencies before tiie next meeting of the Freeholders, who are authorised to vote a sum sufficient to meet such deficiencies, in addition to what is necet^sary for the 8U])port of the Poor during tlie current year; and if the Freehol- ders refuse or neglect to do so, the Justices, upon the application of the Overseers, are bound to a- uierce the Township for the sum required. But if the Overseers, neglect to reimburse themselves in this manner, they will be personally liable for all the debts they have contracted while in office j and Bo remain without remedy. 9. RELATIVE TO THE SETTLEMENT OF THE POOR. 1. Setilements in general, A settlement is the right acquired by any of the modes pointed out by Law, to receive the benefit of the poor laws in that township or place, which provides for its own poor, where the right has been last acquired. It is a permanent indestructible right, when law- fully acquired, and continues for life, or until a new one has been obtained, though it ceases and is destroyed for ever in the township or place where it once existed, upon the acquisition of the same right in another place. Foreigners, or persons born out of the Province, coming into it to reside, ha,ve no settlement In any Township or place, unless they have gained one by some of the ways specified in the Acts of the Pro- vince relative to the settlement of the Poor. THEIR DUTIES. 73 le next rised to liee, in 1 of the 'reehol- s, upon 1(1 to a- Butif elves in for all ice ; and [C POOH. y of the e benefit , which las been rhenlaw- V until a eases and ice where the same Province, jnt In any led one by fthePro- Qor. Paupers applying for relief in any Township in which they have not gained a settlement, are railetl casual or transient poor, and if tiiey are entitled to a settlement in any other township or place within the Province, they may Imj removed there; if not, and are real objects of cliarity, tliey may be sent to the Poor House in Halifax ; but the Overseers of the Township in whicii they happen to become paupers niust in tlie mean time relieve tliem. 2. The different modes of gaining a scHlement in this Province, The settlement of the Poor in this Province regulated by the following Acts, viz. — Act of 1770, 10 Geo. 3, c. 1, 1 v. IS u it u it p.l :.. 157 t( 186 <{ 469 {( 9 (( 221 1774, 14 & 15 Geo. 3, c. 1, 1803, 43 Geo. 3, c. 3, 1, 1817, 57 Geo. 3, c. 9, 3, 1833, 3 Wm. 4, c. 42, 4, The Act of 1770, sec. 1, enacts— That « no town or township within tliis Province, shall be obliged to maintain any poor person or persons, unless such person or i)erson8 be a native of such town or township, or have served a si apprentice- ship, or have lived as an hired servant one whole year, next before such person's application for re- lief, or have executed some public annual office, or shall have been assessed and paid his or her share of the taxes for the poor of such place, or any public taxes during one whole year, at one time." Sec. 2. " Every person within the said F 74 OVERSEERS Or THE POOR. i descriptions shall be entitled to a settlement in tho respective towns or townships wherein such per- son or persons shall be so qualified as aforosaiil." ' "The 7ih Section enacts — "That in case of tho death of the Parents of any child or children who have gained a settlement in any Township, as afore- said, all and every such child or children, siiall be Biinported by such town or township wherein t^o punints so gaineil a settlement." * ' ' A settlement, therefore, may be acquired in this Proyince, in any of tlic following ways \ viz : 1. A Settlement by Birth, 2. " by Apprenticeship, 3. ** by hiring and sei*vice, 4. " by executing a public office^ H, " by pdyment of Taxes, 6. " by «4eath of Parents who have gained a Settleinent. 1. By Birth. — Every native of the Province is entitled to a settlement by Birth in the township or place where he was born, unless he has subse- quently gained one' in 8, was pa>st'il, wliich enacts — "That, to entitle a Pau- per of that (1 'scription to a >ett!emcnt, he or flie shall liav(^ li\» d as an hired servant for one whole year undcrr uu n[rreemont to ^•^•rve one whole year, next before ruch pcreon's application for relief." 4. By Executing a Public Office. — A mwi who is of sutlicient repute and station among his iieglibours, to he ap^iointed to a public annual of- fice, and who discharges the duties of 8uch office for that period, is entitled to the privilege of a set- tlement in the township where he has been thus known and employed. 5. By Payment op Taxes. — To give a set- tlement, by payment of taxes, the person paying must be the j erson rated, for if the owner of pro- perty is a68es^■f;c(l, and the tenant in possession ])ays the rate, neither thereby gaing a settlement. (See 4. Bum's J. 657.) 6. By Parentage. — Children, whose parents are dead, take their parent's last legal settlement, until they acquire another for themselves. If the deceased parents had no settlement, and their chil- jlrere were born in the Province, the place of the children's birth will 1x3 their place of settlement. Children whose parents are alive, also take their I»arent's settlement so long as they renwiin in tlie I 76 OVEUSELRS OF THE POOR. ■ !' t'uinily, or us it is ralknl, are unenmnt'ipatod. Tl»i» ludt is called a dcrivalive settlement. My Marriage. — Tliero isj also another species of derivative settlement, namely, by marriage. Il a woman mairies a man who lias a MiHtlemeat, lihu tlicreby at onco acquiren the husbund'ii settle- nient ; and she takes any subscqueut one which lie may obtain until his death. But if a woman who luLs a settlement, marries a man who has none, her settlement is tliereby suspended ; but when her husband dies, her fonner settlement re\ive8 again » This last case is that which is said by Sir Jame» Burrow, to be turned into the following catch, which was the only report of it he had been abl« to find : A woman, having a settlement, Married a man with none : The question vms — He being dead, If that she had was gone. Quoth Sir John Pratt *-—« Her settlement Suspended did remain Living the husband ; but him dead, .* It doth rcvive again.'* 3. Removal of Paupers who haw not gained a settlement. The Act of 1770, sec. 3, enacts—" That any person or persons who shall apply to the Overseert . * Then Lord Chief Jiutic*. THEIR DUTtKS. 77 of the Poor for relief, not having obtained a law- ful Heitlcment in the townHhip, Hhall l)e required to deliver, on oath, l)ofore one of Hin Majesty's Jub- tioes of the Ponro, for tlie said Township or Coun- ty wherein BUfli Township shall be, his, her, or their, la«t piece of restidence ; and if they ars found to have gained any lawful HCttlement within this Province, a true copy of the Raid declaration, attested by the paid Overwers of the Poor, and cer- tified by the said Justice of Peace, together with tlie amount of expense incurred, shall be trans- mitted to the Overseer of the Poor for Uie Town- Rhip to which the naid person or per^^ons shall be- long, and in ca^e they refuse or neglect to remove the said j)er8on or iKjrsons, and pay the expenpes incurred, it shall and may Ihj lawful for any two of His JVIajestyV Justicea of the Peace for the County or Township wliere such persons have be- come charitable, by a warrant under their hands and seals, to cause him, her, or them, to be remov- e^l to the township where they last obtained a law- ful settlement, and the Overseers of the Poor are hereby required to receive such jierson or persons, and to pay such sum or sums of money as shall have been necessarily expended as aforesaid, to tlie Overseers of the Poor of the township from whence such person or persons have been removed ; Pro- vided aluvtys, That in case such Overseer or Over- seers of the Poor, shall not have money in their hands wherewith to answer said exjiense, such Overseer or Overseers shall fctand charged there- with, until the next assceiment to be made on the r2 t 1 ; is! 78 OVERSEERS OP THE POOR. township to which such poor person shall belong." The Act of 1803, (43 Geo, 3, c. 3, sec. 1, 1. P. L. 460,) provides, that when any poor person applies to the Overseers for relief, and makes de- claration of his place of settlement, as mentioned in tlie foregoing Act of 1770, the Overseers shall grant the necessary relief to such poor person, and send notice to the Overseers of the Township in which he has a settlement, to remove such poor person tliither, and pay the expenses iricurre«l ; or in case of death to pay the exj^nse of relief and burial, &c., which such Ovci\:«ers are to pay or stand charged with in manner directed by the said Act of 1770. Persons applying for relief in a township where tliey have not gained a settlement, are called casu- al or transient Poor, and it is contrary to the hu- mane spirit of the English laws, that any such per- sons shall be permitted to perish from starvation or want of medical assistance. Whoever, therefore, is by sudden emergency or urgent distress deprived of the ordinary means of subsistence, has a right to resort for immediate relief to the Overseers of the Poor for the Township in which he may hap- pen to be, at the time when lie is thus l)ereft of support, whether he has gained a settlement there or not ; and it is the duty of the Overseers imme- diately to render the necessary assistance under such circumstances. The Township, however, may in ordinary cases get rid of the burthen by sending the pauper to his own settlement, (if he has one) the Overseers of which ai'c bound to re- 1 . ^A»>'iefore one Justice of the Peace, near where such place shall lie, charge any person with having gotten her with child, it shall and may be lawful for such Justice, upon application madt} to him by the Overseers of the Poor of such place, or any one of them, or some substantial householder of such pIa»:e,to issue out his warrant to apprehend such i)erson so charged as aforesaid, and to bring him before him or some other of his Majesty's Jus- tices, and to commit such person to gaol or the house of coiTection, unless he give security to in- demnify such place from the supporting or main- taining such child or children, and shall enter into recognizance with sutficient secunty for his appear- ance at next Quaiter Sessions, where he shall be continued on recognizance till the woman is deli- vereil of such child or children. Provided, that if such woman shall die or be manied before she be delivered., or miscarry, of such child or children, or shall iippear not to have been with child at the time of her examination, such person shall be dis- charged from his recognizance at the next Sessions, or immediately released out of custody, if com- mitted." \i R. THEIR DUTIES. 85 lavIng (Icclar- isisting her at f such child 'ore, declared ciiild is likcv ^cable to any in either of ^kcn in \vrit- )f the Peace, p any person hall and may cation madt} iuch place, or householder to apprehend ind to bring [ajesty's Jus- gaol or the scurity to in- ig or main- all enter into )r his appear- he shall be nan is deli- ided, that if (cfore she be or children, child at the shall be di&- 3xt Sessions, 'dy, if com- Ser. 2. " Tliat any two Ju.sliccs of the Peaco near the plarc v\ here any basUird child shall be born. u])on complaint made by the Overseers of llic Poor, or any one of them, or of some substantial househoUler, upon due examination of the cause and circumstances, shall and may by their discre- tion make an order for the relief of such place, or children, and for keeping such bastard child, and tiiat said mother or reputed father of such child or children, shall find sullicient security that such child shall not become bialhensome or chargeable to any place in said Province, or pay the sura of twenty pounds, which shall be paid into the hands of the Overseers of the Poor, for the support of such child or children, or other town uses. And if, after the f;aid order made by the said Justices, and by them subscribed and directed to the Over- seers of the Poor, any of said ]wr?ons, viz. either the father or mother, upon notice thereof, shall not for his or her part observe and perform said order, then such party, making default, to be commitfed to gaol or house of correction for the space of six months, except he or they shall give sufficient secu- rity to perform said order, or else personally apjKJar at the next Quarter Sc.>^ions and abide by such or- der as shall be made at said Sessions in that behalf, and if no order shall be made at said Sessions, then to a}»ide by the first order." 3d Section enacts — " That in case any woman shall accuse or cliargc any man with having gotten her with child, though the woman 1x3 not with child, or that the child be not really his, but ap- Ill ; i. I! SG OVERSEERS OF THE POOR. |)oars to hv. on!}- u contrivance to defame the per- son or cli'.\it iiiiii of liis money, that in such rast; tlie said woman shall he soiit to the house of cor- rection, there to be whipped and remain for the space of six months." 4th Sec. provides — "Tliat if any person shall think himt♦» miflRcient to make an order on the father; hut, if living, her testimony shoultl be taken, thoiij^h it ia not esHential to the order, for it may be made on tliu evidence of others. 1 Pli. Ev. 359. After the woman has been delivered she may he committed if she refuses to answer the questions legally put to her. 2 H. Bl. 1017. The order must be subscribed by two Justices and directed to the Overeeers ; and if tlie father or mother do not peribrm it on gettm** notice, they may be committed to gaol or to ti>e house of cor- rection, for the space of six months, unless they give security to perform it, or to appear at the next Sessions, and abide by the order made, or if none be made to abide by the fii'st order, viz. tlie or- der of maintenance. Sec. 2. The Recognizance will be forfeited by non-ap- pearance, or not performing the orders If the parents disobey the order, they may l)e is dieted for it, as for disobeying any other legal or- der of the Justices. Having taken a recognizance is no bar to the Indictment, and they may be pro- ceeded against on both at the same time. 1 Burn's J. 376. TIIEm DUTIES. 89 11. AS SURVEYORS OF TOWNSHIP LINES AND BOUNDS. oil, will l>f» Tho Overseers of the Poor are also the sur\oy- OT« o[' Township lines and hounds, and the Act of 17()5, (f) Ceo. 3, c. 1, 1 P. L. 106,) under which tl»cy ai-e so appointed, empowers tiiem " to Burvey exaniine, and a^=ccrtain the hues and bounds of their respective townships, agreeable to the several grants thereof." The 3d Section of this Act directs—" That the original boundary lines of each and every Town- sliip or district within this Province, shall be nm betwixt township and township, and marks renew- ed once in three years, viz. on the first Monday of March, by the Surveyors of lines and boumls ap- pointed for the resixjctivc townships, as directed by this Act, or the major part of them, and the i)ersons so appointed for each respective township are hereby empowered and directed to ^ive six days notice to the persons appointed for the adjaccrt townships," and " whenever the surveyors of any township, which shall have notice as aforesaiil, shall neglect or refuse to attend the said biisinesp, the survej'ors who shall have given such notice, shall, and they are hereby empowered to proceed in running and making such line, which shall be as effectual as if the surveyors of both townships had joined." The Act of 1765 made no provision for defraying the exj)ense of running and establi.diingthe lines of G2 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^mm WM if ■>> 12,2 11.1 l.-^KS ■^ Hi Bh ILi 1'^ '^^^^^^B Pnl^^^HIB ^M^^^^^B Photographic Sdaices Corporation n WnST MAIN STRilT WnSTIR.N.Y. MSN (716)«72-4S03 '^''t^^^' ^ ^¥,1^^ ^ t 90 OVERSEERS OF THE POOR. townships^norwas any made until the Act of 1811 vvas passed, which enacted, Section 1, ^That the inhabitants of the said several townships sliall, at the periods prescribed by law for providing for the PoOT, vote such sum or sums of money as may be necessary to defray tiie expense incurred by run- ning or perambulating; the bounds of such township, which sum or sums of money shall be first approv- ed of, and allowed, by the Court of General Ses- sions for the County or District of which such Township forms a part, and being so approved, al- lowed, and certified, shall be assessed and collected in the same manner as the money voted for tho support of the Poor, and shall be applied for the purpose af(»«said." Sec. 2. *< That all appeals from the rate so to be made, shall be heard and (ktennined in the same manner as appeals from the Foot rate are heard and determiAed." Whenever any expense has, therefore, been in- curred, I)y running out and establishing the town- ship lines and bounds, which the Overseers of the Poor are required to do once in three years, the a- mount of such expense must be included in the next rate to be made for the support of the Poor. Act of 1811, 51 Geo. 3, c.4, 2 P. L. 67; made perpetual by Act of 1820, 1821, 1 & 2 Geo.4f, c.7. SP.L. 104. THEIR LIABILITIES. n III. THEIR LIABILITIES. 1. FOR REFUSING TO SERVE. ' The 7th Section of the Act of 1823 enacU — " That each and every jMJrson who liaa been tlnly naminated and ap])ointed an Oveiveer of the Po • « I * 4 t ■ II. THEIR DUTIES. 9 J a J 1. TO BE SWQJIN INTO OFFICE. H !J - Before the Assessors commence the duties re- <}uired of them by the Act of 1823, they must be ' first duly sworn to perform such duties.** Sec. 3. ■*i ■ I • ■ I fe t « « f • « t I * I , 1(1 100 AHSLSSOliS OF POOll RATES. [The Act of 1836, (6 Win. 4, c. .TO, sec. 7.) onacta, that every AsHessor shall " within ten tlayn after going into office, produce a certificate from some Jiutice of the Peace of his having been duly Bworn to the faithful discharge of his duty," and leave the same with the Treasurer.] -, ' ■ ' ■' " • . ■ _■/•"'.': ■•* • ' '. 2. TO ASSESS THE INHABITANTS. 1. For the support of the Poor, , The Act of 1823, sec. 3, directs— '< That t}ie Assefiaors, tqppointed as aforesaid, any thcee of whom shall form a quorum,* and be empowered to perform i^ the duties hereby requke4 of then, and, being first duly sworn to perform such dutfe^ shall, forthwith, assess the inhabitants of the Town^ips or Setdements re^ctively, for which they have been so appointed, in just and eqiud pro- portion, and as near as may be, according to the known estate, either real or personal, of such inha- bitants, for making up the supis of money respec- tively voted for the purpose aforesaid ; " that is, for the support of the Poor. Xhe phir^e << any three of whom shall be a quo- jram," ^gnifies that any three of the persons so all^pointed, will be sufficient to make the assessment. If, therefore, any one or two of the five refuse or ne^eetto act, the other four or three may prbo^ without them; but there must be three at the least* * Seven in the Townibip of Pictou. THEIR DUTIES. 101 The word "Inhabitants" means personu per- manently resident and sleeping in iUe Township. The Assessors should be careful not to timcfn any property in the Township, unless there is some person resident within it, who is liable to pay the rate, and from v\ horn it can be legally collected. It is not tlie property but the InhabitunU of the Town- ship, in proportion to their known estate, that the Assessors of Poor Rates are directed to aseesK. Now, it sometimes happens, that a man lives in one Township, and has property situated in others ; he mubt, therefore, be ascM^esed for the whole of sucli property, in tlie township in which he resides, and not in any other. There are also certain classes of inhabitants, namely, clerks, servants, and apprentices, who l^'neruliy poss?e8s only that species of property, which tlic law does not contemplate as rateable ; such as money, salaries, wages, clothirg, &c. ; they ought not, tliereforu, to be assessed for such property. Li- c«nfed Teachers are expressly exempted from the the payment of botli Poor and County Rates, du- ring the time they are employed or engaged in any School estabbshed under the Act of 1832, 2 Wm. 4, c. 2, entitled " an Act for the encouragement of SNchools." See Sec. 25, 4 P. L. 111. This Att expired in 1836, and was then continued and a- mended for two years more, by 6 Wm. 4, c. 92. Most of tlie deficiencies so frequently occurring in tlie poor fund, are occasioned by making in- discriminate and inconsiderate assessmento, the col- lection of which is afterwards found to be imprac- ticable. H2 102 ASSESSORS OF POOR RATES. The 4th Section, Act of 1823, provides, "That no person shall be assessed any sum towards the support of the Poor, unless in the opinion of the AsaesBors, he shall be able to pay annually the sum of one shilling at least." From the whole of the Act it* appears, that the ability of the Inhabitants, in proportion to their known rateable estate, either real or personal, is the criterion by which the Assessors are to be guided ; as it in an equitable rule, they ought to adc^t and adhere to it, as much as possible. 2. For Wells and Pumps. The Assessors of Poor Rates are required by the Act of 1796, 36 Geo. 3, c. 9, sec. 1, 1 P.L.379, to assess the money voted by the Inhabitants, at their town meetings, for sinking wells and repair- ing pumps, in the same manner, and at the same time, as the money voted for the support of the Poor is assessed ; and under the same penalties for neglect or refusal. 3. For Fire Engines, Sfc. ' It is also the duty of the Assessors of Poor Rates', in those towns to which the Acts relating to Fire- wards have been extended,* to assets the inhabi- tants for the money voted or allowed, as town charges, for purchasing and rep^ng Fire Engines, ladders, axes, buckets, &.C. and for other necessary * See N9te, page 38. TH£m DUTIES. expenses incurred by the ilrewards. 227, 258. "103 see 1 "• jl. 4. For the expense of eglablisMng TowTuMp ' Bonmaarus, The Act of 1765 (5 Geo. 9, c. 1, sec. 3, 1 P. L. 107) directs — <* That the original boundary lines of each and every township or district within this Province, shall be run betwixt township and town- ship, and niarks renewed once in three years ;^* (See Overseers of the Poor, p. '89:) And the Act of 1811, 51 Geo; 3, c.4, sec. 1, 2 P. L. 67, enacts — **That the inhabitants of the said several Town- ships shall, at the periods prescribed by Law for providing for the Poor, vote such sum or sums of money as may be necessary to defray the expense incurred by running or perambulating the Bounds of such townships, which sura or sums of money shall be first approved of, and allowed, by tin; Court of General Sessions for the County or District of which such Township forms a part, and being so approved, allowed, and certified, shall be iissessed and collected in the same manner as the money voted for the support of the Poor, and shall be ap- plied for the purpose aforesaid." The 2d Section enacts — ** That all appeals from the rate so to be made, shall be heard and determin- ei\ in the same manner as appeals from the Poor Rate are heard and determined." This Act is made perpetual by 1 &.2 Geo. 4<, c. 9, 3 P. L. m. 10* ASSESSORS QF FOOBrilATES. 5. For damage done in laying out private woys. The Act of 1826 (3 P. L. 233) authorises the Surveyors of Highways to lay out particular and pritate ways, (See " Surveyors of Highways'^), and provides, " That no damage be done to any per- son in his Land, or otherwise, without such recom- pense to be made by the township or settlement in which the «aid way may be laid out, as the Sur- veyors of Highways and the persons interes- ted may agree, or bs shall be ordered by the said Court of General Sessions of the Peace, up- on inquiry into the same, by a jury to be summon- ed for that purpose ; and the sum or sums of money so agreed to be paid by the Surveyors of Highways, CK assessed by tliC jury as aforesaid, together with tlie expenses incurred, shall be assessed and levied upon the inhabitants of the township or settlement wherein such way lieii^, and collected in like man- ner as Poor Rsites are assessed, levied and collec- ted." 7 Ceo. 4, c. 2, sec. 16. 6. For Salary of Health Inspectors. The Act concerning nuisances, 5 Wm. 4, c. 17, sec. 1, 4 P. L. 396, autlioriees the appomtnaent of a Heallh Inspector for ever}' tovNii or place; and tlie 5th Section directs that a compensation be al- lowed for his services, and for the charges incurred in performing the duties of the office ; which " shall and may be levied and assessed upon, and collec- ted from, tlie inhabitants within the limits assigned \ to 'him, according as other town charges are, or THEIR DUTIES. 105 ought to be, rated or collected." (That is, at the same time, and in the same manner, as the Poor Rates.) It will also be the duty of Assessors of Poor Sates, to assess for any other purpose, where the Law directs the money to be raised in the same manner as Poor Rates, or other Town charges. 3. TO ASSESS THEMSELVES. The Assessors of Poor Rates must include thein- sdves in the Assessments to be made, for any of the foregoing purposes. They were formerly in the habit, in some places, of exempting themselves, by way of compensation for tlieirtime and trouble; "but the Act of 1835, 5 Wm. 4, c. 30, sec. 2, 4 P. L. 421, enacts — " That hereafter no person or per- sons, being an Assessor or Asscssmh^ of Poor Rate, shall, upon any pretence whatesover, be exempt from being assessed, and paying his or their due ami just proportion of aH* such Rates, Taxes, or Assess- ments, as shidl from titfi^lo time be duly voted, ra- ted,' jissessed, and levied^ for the support andmain- * tenance of the Poor." at ■'4. TO APPOINT COLLECTOIkS. " When the^ Assessors of Poor Rates, have asses- sed the inhabitants for the money voted for the su^)- port of the Poor, &c. it is their duty to " appoint Collectois, to collect and receive tlie same." Act of 1§23, 3 P. L. 149. 106 ASSESSORS OF POOR RATES. If any person so appointed a Collector, refuses to serve in that capacity, « he shall forfeit and pay the sum of forty shilling for such refusal, and another person shall forthwith be appointed in like A[ianner to serve as aforesaid." Sec. 10. None but Freeholders, or persons of property permanently residing in the Township, ought to be appointed Collectors ; so that the Overseers may have some security, for the payment of the penalties jirescribed for neglecting or refusing to serN'e, or to ipay over the money collected. III. THEIR LIABILITIES. ^ 1. FOR REFUSING TO SERVE. The 9th Section, Act of 1823, ehacts— «< AnS 'each and every person appointed an Assessor, who Ahall refuse to serve as aforesaid, shall forfeit and pay the sum of forty 8hilling9."-^To be recovered by the Overseers,* before any two of the Justices'; levied by warrant of distress, and applied towards the support of the Poor. It. FOR NOT MAKING THE ASSESSMENT IN TEMB. The same Section directs — * And each and evcsy person who has accepted the said office and who S«« Notep. 91. .'-,.'JV THEIR LIABILITIES. 107 shall neglect or refuse to make tlie Assessment re- quired within twenty days after his appointment, shall be subject to a fine of five pounds : " to be recovered and applied as tli6 first. 3. FOR NEGLECTING TO ASSESS THEMSELVES. The Act of 1835, 5 Wm. 4, c. 30, sec. 2, 4 P. L. 421, enacts — " And, if any person or persons, being Assessor or Assessors of Poor Rates, shall refuse or neglect to rate and assess himself or them- selves, in a due and just proportion of all or any of such Rates, Taxen, or Assessments, as shall be duly voted or rated, for the support and mainten- ance of the Poor on the township or settlement for which he or they shall or may be Assessor or As- sessors, the person so offending shall forfeit and pay the sum of five pounds." To be recovered and applied as the fii-st. 4*. EXTRA LIABILITIES OF THE ASSESSORS FOR THE TOWNSHIP OF PICyOU. By the Act of 1836, sec. 7, every Assessor for the Township of Pictou, who neglects, within ten days after going into office, to produce a certificate from some Justice of the Peace, of his having been duly sworn to the faitliful discharge of his duty, and leave the same with the Treasurer to be recorded, " shall forfeit and pay a penalty of three Pounds." To be recovered by the Treasurer before any two Justices, and applied as other monies voted for the support of the Poor. Sec. 15. 103 ASSESSORS OF POOR RATES. IV. THEIR PRIVILEGES. The Assessors of I^r Rates are not entitled to any remuneration for their services. They were formeriy in the habit of omitting to assess them- selves, by way of compensation for their time and trouble ; but they are now e^ressly forbidden to do so, by the Act of 1835, as before mentioned, p. 105. (See also the penalty for neglecting, p. 107.) If no compensation, is allowed to the Overseers, whose services are so extensive, arduous, and re- sponsible, the Assessors ought not to be paid for theirs, so trifling in compaiison. ii iJi-tev' « i CHAPTER IV. COLLECTORS OF POOR RATES. CONTENTS: I. THEIR APPOINTMENT* II. THEIR DUTIES. 1. To be 8wom into office. 2. To collect the money assessed. — 1, For the mmori of the Poor 2. For Wells and Pumps. — 3. For Fire Engines., 4. For the expense of establishing Township Bmmr dories. — 5. For damage done in laying outpri-- vale ways. — 6. For salary of Health Inspectors. 3. To account, and pay over money collected. m. THEIR LIABILITIES. 1. For neglecting to serve. 2. F<»r neglecting to collect. 3. For neglecting to account- and pay. 4. Extra Liabilities of the Collectors for the Town- ship of Pictou. IV. THEIR PRIVILEGES. 1. Protection from vexatious actions. 2. Com- pensation for services. ii CHAPTER IV. COLLECTORS OF POOR RATES,- I. THUIB APPOINTMENT. The; CoUeotprs of Poor Bates arc appointed bj the As^esBors: 1. When the Freeholders mieet and vote money foT the support of the Poor, the Assessors whom they appoint to assess, sore to *< appoint the Collec- tors to collect and receive the same." Act of 1823, 4 Geo. 4, 3P. L. 149. 2. When the Freeholders refiwc or neglect to meet, or to vote a sum sufficient for the support of the Poort ^ Justices are authorised, on the appli- cation of the Overseers, to amerce the Township for that purpose, and to appoint Assessors, who- are to << nominate and appoint Collectors." Same Act, sec. 8. If any person appointed a Collector, refuses to serve, he shall be fined forty shillings, and another Ibrthwith appointed in like manner. (See further, title " Assessors of Poor Rates," p. 106.) N THZm DVTISf . Ill tl. THEIR DUTIES. 1. TOBB SfrOlUf.DITO OTflCBi 'The Act of 18^3 tloes not make it impcntave • upon Collectors of Poor Rates, to be sworn iato of- : fipe ; but, like other Town OiBcera, thsj o«(^t to be, and usually are, sworn to the faithftdexecvtien of their duty. (The Act of 1836 requires, thai every CoQtetor ". for the Township of Pictou shall^ ^ widun ten^dafB tifler going into office, produce a cert^cate fitMb tome Justice of the Peace of his having bee* duly sworn to the faithful di8chai;gs of bis dnty," aibd teart the same with the Treasurer, lo benoorded.] S. TO Collect thi moiibt AtstMilk^ 1. For ike evppori of the P^or* Every Collector of Poor Rates, is required by the . 11th Section of the Act of 1823 to proceed wi^ in thirty days, after having accepted the office, **to petfbrm the duty required of him by this Act, of enforcing, agreeable to the directions of liie wmc, the payment of the sum or sums of motiCy which he was appointed to collect." These directions arc as follow: lat. The 3d Section directs, that *Mf any pers(« so assessed, shall neglect or refuse to pay the sum i 112 COLLECTORS OP POOR RATES. I I of money for which he or she was assessed as a- foresaid, the same shall and may l)e levied from him or her by Warrant of Distress from any one of His Majesty's Justices of the Peace of tho County wherein such person shall reside." 2d. The 4th Section directs — " That if any person ■hall think him or herself overrated, such pe^n may appeal for redress to the next General Sessions of the Peace, or the hext Special Sessions, which may be held for the hearing of such appeals in tho County or District wherein such assessment was made, and the Justices in such Sessions are hereby required and empowered to examine, hear and de- termine, each and every such appeal or complaint, and to give redress, as they in their-^judgment shall think equitable, ^and their order and judgment on iuch appeal shall be final, and bind all parties." * ■ 3d. The 14th Section directs—" That if any person assessed under and by virtue of this Act, shall refuse or neglect to pay the sum for which he was so assessed, it shall suid may be lawful for tho Collector or Collectors appointed to receive tho rates for the purpose aforesaid, notwithstanding any such appeal as aforesaid, to levy for the amount of such person's rate by Warrant of Distress in manner hereinbefore provided for recovery of the same." 4th. The 15th Section of the Act directs—" That if the person or persons so appealing to the next General or Special Sessions of the Peace, as here- inbefore provided, shall make it appear to the Jus- tices thereof, that he or they hath or have been as- sessed or taxed more than his or their just phaie or THEIR DUTIES. 113 ' proportion of tlic amount of tiic said Assosmeni, then, and in such catiC) it shall and may be lawful , for the said Justices to cau.«o such appellant or ap- pellants to be relieved and reimbursed the cxcemof such rate, by order to the Overseers of the Poor for the Township or Hettlcmcnt within which such persons or person was or were so rated, which Overseers are hereby directed to refund the same/* From these four Sections of the Act it plainly appears, that when any person assessed for Poor Kates, after being duly requested, neglects or refus- es to pay the same, on any account whatever, the Collector must proceed to enforce the payment of it, by applying to some Justice of the Peace (or a Warrant of Distress, to levy for the amount ; ami that he has nothing to do with the right any per- son has, to be exempted from paying such tax, or tho proportion in wh* jh he has been assessed.— These are questions for the consideration of the Sessions, to which the party may afterwards ap- peal ; but in the mean time, it is the Collector's duty to enforce the payment ; and if he neglects to . do so beyond the time limited, he makes himself liable to the penalty. The justice who may be applied to fpr a War- rant, should not grant it, until the Collector has made oath of the refusal to pay, and until the person so refusing has been first sunimoned to appear befoDe / him and shew cause why the Warrant should not ' be issued J because, on being summoned, the party may shew sufficient reason to the Justice why it . should not; as, for instance, that he has already 12 Hi COLLECTORS OF POOR RATES. paid the assessment ; or that he \n not the pepsoti assessed ; or timt he was never requested to pay, and is willing to do so; for, otherwise a Collector, out of private resijntnient, or some other improper motive, might sell a pcrson^s goods without a suffi- cient cause. Besides, a Warrant of Distress is in the nature of an Execution ; and it is an invariable maxim of the English Law, that no man shall bo punished before he has had an apportunity of being heard. See 4 Burn's J. 152—^ Term Rep. 198. [The mode of enforcing the payment of Poor Rates in the Township of Tictou has been mate- rially altered and facilitated by the Act of 1836, iho 1 Ith Section of which enacts, " That together with the Bills of Assessment to be made and delivered to the Collectors, of the monies voted and assessed as aforesaid, there shall be also delivered to each Collector a Warrant signed by two Justices of the Peace for the said District of Pictou, residing with- in the Township of Pictou, directing and authoris- ing such Collector, in case of the sum assessed up- on any person or persons named in such Bill of Assessment, which shall be annexed to the said Warrant remaining unpaid, fourteen days after no- tice to such person or persons of the amount or amounts upon him, her, or them, assessed, to distrain upon the goods and chattels of such persons ne- glecting or refusing to pay the sum or sums so as- sessed upon him, her, or them, without any further or other proceeding ; Provided always^ that before such Warrant shall be executed, or attempted to be execute!, notice shall be given in writing, signed Tiff m pvTifi. n« crson ► pay, Bctor, roper Huffi- is in riablo Bilbo being 198. Poor (nate- 5,iho with vered essed each f the tvith- loris- I up- II of said r no- t or train ne- as- ther fore to !ned by the Collector, to, or left at the ufual place of re- sidence of, every person whose goodn and chattcb shall be distrained by virtue thereof, at leaHt fourteen days as aforesaid, that such Warrant will Iw exe- cuted, unless the amount asscitsed upon such pei^ son be paid to the Colleetur ; Jind prtviikd alaoy that every such person shall be entitled to, and shall have the same right to be relieved on, any appeal from such Assessment, as now by law provided.''] 2. For Wells and Pumps. The Collectors of Poor Rates are required by the Act of 1796, 36 Geo. 3, c. 9, sec. 1, 1 P. L. 379, to collect the money voted by the inhabitants, at their town meetings, and assessed, for sinking Wells and repairing Pumps, in the same manner, and at the same time, as the money is collected for the support of the Poor ; under the same penalties for neglect or refusal ; and to pay over the money in- to the hands of the Fircwards. The Act provides, " That if any person shall think himself overrated, he may appeal for redress to the next General Sessions of the Peace of the County or District." But, in the mean time, he must pay the whole amount for which he has been assessed ; and if he refuses, the Collector must a- dopt the method pointed out for enforcing the pay- ment of Poor Rates. 3. For Fire EngineSf S^e. The Collectors of Poor Rates, in those towns 116 COLLECTORS OF POOR RATES. to which the Acta relating to Firewards have beoa extended,* aire required by those Acts, to collect the money assesised upon the iniiabitants, for pur- ehasing and repairing Fire Engines, ladders, buck- ets, &.C. 'f and lor other necessary expenses incur- red by the Firewards. This money is to be col- lected at the same time, and in the same manner, as the Poor Rates ; under the like penalties ; and to be paid into the hands of the Firewards. See 1 P. L 227, 258 ; 2 P. L. 90. ^^ 4. For iAe expense of estabUsMng Township Boundaries, It is the duty ot the Collectors of Poor Rates, to collect any money that has been voted for the pur- pose of running and establishing the Boundaries betwixt Townships. To be assessed and collected in the same manner as the money voted for the support of tlie Poor. (See the law relative to this under tlio duties of Assessors of Poor Rates, p. 103.) 5. For damage iJone in laying out private tMyt* When any sum of money has been assessed, to recompense any person for the damage done to his Land, in laying out private ways, it will be the du- ty of the Collectors of Poor Rates, to collect it, at die same time, and in the same manner, as theToor Rates. (See the law, p. 104«, title ** Asscssom of Poor Rates.") . ,«8«tMot« p. IS. i THEIR DUTIES. 117 103.) 6. For Solar J ^f Ileallh Inspectors. It is also iheir duw, to cr)l!cct any sum of money, that rtiay be allowe i aiul a?, essx^d, as ?. compensa- tion for the pervlccs <;if Health Int-jK^-lors, in those towna where they are api^mitcd. To Iw collected in tlie same manner as uiiuT town charges. Se« p. 104, 5. ' ' 3. TO ACCOUNT AND PAY OVER THE MONET COL- LECTED. The Act of 1823, Section 11, enacts— *' That *ach and every Collector of any sum or sums of money, assessed by virtue of this Act, shall ono8 in every three months, account with, and pay into the hands of the Overseers of the Townsliip or set- tlement wherein he was acting as such Collector, all sums of money as he may have collected or re- ceived in that capacity; and upon his neglect or refusal so to account and pay, he shall and may be prosecuted for recovery of the said sums." [The Collectors for the Township of Pictou are nxjuired by the Act of 18S6, sec. 10, to pay over to tlie Treasurer the money by them collected for tlie support of the Poor, as follows : " one third part within six weeks, one third part in throe months, and the remaining third part in six moiithf^ from the time of the receipt of the Bills of Aj- •etwment."] 118 COLLECTORS OF POCR HATES. III. THEIR LIABILITIES. 1. FOR REFUSING TO SERVE. The Act of 1823, Section 10, enacts— «Th«t each and every person appointed a Collector to col- lect any 8Uin of money assessed under this Act, who shall refuse to serve in that capacity, shall for- feit and pay the sum of forty shillings for such re- fusal.'* To be recovered by the Overseers * be- fore any two Justices, levied by Warrant of D'la- tress, and applied to the use of the Poor. ..,y- 2. FOR MEGLECTING TO COLLECT. 'The* 11th Secti(Mi enacts — ^** And each and em- ry person who has accepted the said ofl&ce of a Col- lector, and who shall neglect, for the space of thirtjr days thereafter, to perform the duty required of him by this Act, of enforcing, agreeable to the di- « rections of the same, tlie payment of the sum or sums of money which he was appointed to collect, ihall forfeK and pay the sum of five pounds for each and eveiy snch neglect." To be recovered by the Overseers, in some Court of Record within tbs Province, for tiie use of the Poor, 3. FOR NEGLECTING TO ACCOUNT AND FAT. Tlic 1 1ih Section enacts — " That each and every I f c c 1 fl (1 f< o tc 1* * By tie Treasurer in the Township of Pict«u. THCm LUBILiriES. 119' Collector of any sum or siima of money, assesBedl by virtue of thiB Act, shall onc6 in every three months, account with, and pay into the hands of the Overseers of the Poor of the Township or set- tlement wherein he was acting as such CoHector, all such sums of money as he may have collected or received in that capacity ; and upon his neglect or refusal so to account and pay, he shall and may be prosecuted for recovery of the said sums, by the Overseers • of the Poor for the time being, of such Township or Settlement, by bill, plaint or information, in any of His Majeijiy't? Courts of Re- cord within this Province." 4. EXTRA LIAEILITIES OF THG C0LLECT0R8 FOR THE TOWNSHIP OP PICTOU. By the Act of 1836, sec. 7, every Collectorwho neglects, within ten days after going into office, to produce a certificate from some Justice of the Peace of his having been duly sworn to the faithful dis* char^ of his duty, and leave the same with the Treasurer to be recorded, •* shall forfeit and pay a penalty of three pounds." To be recovered l^ the Treasurer, before any two Justices, and apj^ied for the support of the Poor. See sec. 15. They are also required by the 10th iec. to pay over to tlie Treasurer the amounts by them collec- ted — ^^ one third part within six weeks, one thitd \mi in three montiis, and the renuiining third part *See Notf on preceling pag*. " - ISO COLLECTORS OF POOR RATES. in six months from the time of the receipt of their- Bills of Assessment, under a penalty for every ne- glect of forty shillings J and five shillings addi- tional for each and every iveek in which payment shall be delayed.''^ But, if any Collector can satis- fy the Justice before whom he is sued, " tha;^ the delay in payment arose from unavoidable obstacles, and difficulties in collecting the monies to be col- lected by him," the Justice may remit the whole or part of such pendty. ,■ ! i IV. THEIR PRIVILEGES. 1. PROTECTION FROM VEXATIOUS SUITS. The Collectors of Poor Rates, in the dischai^of their duty, are within the protection of the Act for indemnifying Constables, and other officers acting in obedience to Justices' Warrants. (See title « Constables"—" Their Privileges," p. 48 to 51, where the Act is fully explained.) They are like- «vise entitled to the privilege of the Act of 1829, there also mentioned. 2. COMPENSATION FOR SERVICES. Collectors of Poor Rates are allowed a Com-- misaion on the amount they have collected, by an Act passed for that purpose in 1833, 3 Wm. 4, c. •3, 4/. L. 240, which enact»— "That the Court pt of their* every Tie- %g8 addi- k payment can satis- " tha;^ the obstacles be col- B whole or THfim PRIVILXGSS. 121 Court of General Sessions of the Peace shall and they are hereby authorised to, establish the rate' of Commission to be allowed to the Collector of the 8Md Poor Rates, the sum, however, not to ex- ceed Five Pounds for every Hundred Pounds by him collected." Theyare^ therefore, entitled to retain 5 per cent, only upon the amount actuallT collected. ' 28. 3UIT8. ischai^ of tie Act for ^ers acting (See title . 48 to 51, ;y are like- i of 1829,. 'i ;%' S8. 1 a Corn- Led, by an Wm.4, c. the Court r* n CHAPTER V. "\ COUJ^TY TREASURERS' CONTENTS; I. THEm APPOINTMENT. \\ U. THEIR DUTIES. 1. To give bonds and be sworn into office, l* To receive and pay out the money collected. 3. To render their accounts to the Sessions. 4. To prosecute delinquent Collectors. 5. To take secu- rity on appeals from the Sessions. m. THEIR LIABIUTIES.. IT. THEIR PRIVILEGES. L*.. rf y ,ir Hf.tr**'*''-' ts- CHAPTER V. COVXTY TREASVRER5. I. THEIR APPOINTMENT. The County Treasurers are appointed by the Grand Juries and the Courts of General Sessions of the Peace. . The Act of 1835,* entitled « An Act to direct and ascertain the mode of. assessing County and District Rates, and for other purposes," (5 Wm. ♦» «. 13, sec. 1, 4 P. L. 385) enacts— That "it shall be lawful for the Grand Jury, in each of the several Counties and Districts of this Province* except the County of Halifax, annually, at the ' Court of General Sessions of the Peace held for said County or District, to present to the said Court of Sessions the names of three fit and proper per- sons, being Freeholders in such County or District, one of whom the said Court shall appoint to be a "Treasurer for the said County or District for the year ensuing" » * This Act repealed tU former Acts reUtivo te County and District Ratei, r- M COUMTT TRBASURERS. II. THEIR DUTIES. ]. TO GIVE BONDS, AND BE SWORN INTO OFnCB. The 1st Section of the Act, after directing the mode of appointing the Treasurers, as above men- tioned, continues — *' who shall forthwith enter into a Bond t» «ar Lord the King, with sureties, to the satisfaction of the said Court, for the faithful per- formaiN)B of the duties of the said office, and who ■hall, thereupon, be sworn to the due execution of llie <''t opi)^&1 sii:ill, in any case, delay or prevent tlie collertlon or rei»>- \ cry of the sum cHiffCiwetl u)K)ji any »ucli i)er>ion or jiensons um aforetiau), but tlie same proirecilings, as hci-einbcrure directed, shall be had and puninet) lor the collection or recovery of the i. 2. FOR NEGLECTING TO MAKE COLLECTION AND , PAYMENT. If any Collector of County Rates, who has re- ceived a Warrant with a Roll of Assessment an- ''ncc,Lj.jire,,i • °"rtof R^o^ in the Pn,. ^'•'oo" or o.hoTOi^.VX;";t ^'""* ""^ <■■""'•«•' •'And'"" !""'"""= """^^-''"^T.o. l^V l..m collected asSS^ ft;"' ""y ""nov "'rcction of the n;.i « '*'''"<■> shall moreovBr I ' """■at debts of dieX ""•' '" ""« ™"ne man! -•'m-a.no.lf;,ie^--W^p, ■ '^••THEIHPHivUEGES.- ♦ TiiEm rniviTxcEs. t«r rA' th.Vir il.ity are within tht* proU»rtionof the Ail for iniLMniiifyiiii; Constnblesi and oth^r i/filcers^ ac- lini» in olK'dioticii to JuHlict*i« WarruntH. See I'rivi- IfgoH ofOviTHciTS of tho P«K)r. p. IS. Tho IGtft StM!. oftlie Ao,t of 183.% illroctrf that n . action shnll hi* hron);Ut against any pors )n for any thinjr done or to bo done by virtue of that Act, after (tix months from the time of coinnutting the fact, nor out t)f tlie County whjre the cause of action a- rose, and i\w defendant may plead the Act s|)ecial- ly, or the j^eneral issue, and give it in evidence, and that the same was done by aijthority of the Act ; and if it ap])ear8 upon trial that it was t^o done, ur tliat the action was brought after the time limit- ed, or in any otlier County, then the Jury shall find a verdict for the defendant ; and in all cases where a verdict is found, or judgment given, oti any nc» count wiiatever, for the defendant, he shall have treble costs, and recover the same as iu other suits according lu Law. 2. COMPENSATION FOR SERVICES. ' The 12th Section of the Act enacts, '« That the Court of General S^wsions ot' the Pear^j, in the ^evcral Counties and Districts*, shall, and they art; hereby authorised tt> establish the rate of Commis- ions to be allowed to the Collcctoi-s of the said rates, within the said Counties arid Districts, respectively, t^ie said Commissions, however, not to exceed Five Pounds far every Hundred Pounds by them collect tod." ■S*"/ *^*»T CHAPTER VIII. SURVEY Ons OF HIGHWAYS. CONTENTS: I. THEIR APPOINTMENT. 11. THEIR DUTIES. ;. 1. To be sworn into office. 2. To give notice of the time and place for performing Statute La- bour. 3. To overaee the Statute Labour — 1. The Statute Labour vMch each person is obliged to perform ; thepeTuiUies for neglect ; and the per- sons exempted, — 2. When labour of men prefer- able to teams. — 3. Statute Labour (^ poor persons . — t. Jlged persons owning; teams. — 5, Persons- living on Islands. — 6. Persons on Islands con- nected with muinland. — 7. Labour to be perform- ed by permission of Justices. 4. Not to alt(^i- Highways without consent of Justices. f). To keep the roads passable in winter. 6. To lay out j)rivate ways. 7. To sue persons neglecting lu do their Labour. 8. To render to the Sessions ai) accoutit of the Labour exnended. * coNTCirrs. 14 m. THEIR LIABILITIES. 1. For refusing to accept the office. 2. For ne- glecting to be sworn into office. 3. For neglect of duty. 4. For neglecting to account for labour exr pended. IV. THEIR PBIVILEGCS. •■ i , ' v.n > ^ ' ;;K,f; j^^ CHAPTBBl Vin. SURVEYORS OF HIGHWAYS, I. THEIR APPOINTMENT. - The Surveyors of Highways, or, as they ate more generally called, Overseers of Roads, are appointed annually by the Grand Jury, and the Court of Ses- sions, under the directions of the Act of 1826, 7 Geo. 4, c. 2, 3 P. L. 230, entitled "An Act re- lating to Highways, Roads and Bridges." Section 1st, enacts — "That it shall and may be lawful for the Grand Juries in the several Courts of Gene- ral or Quarter Sessions of the Pbace for the respec- tive Counties and Districts in this Province, at such Terms as the said Courts shall reflectively direct, ycariy and every year to nominate so many fit &nd proper persons as they may consider necessary, as Surveyors of Highways, for each Township or Settlement ; and the said Court shall, from the per- sons 60 nominated, appoint as many an may be deemed expedient, to be Surveyors of Highways, for the Township or Settlement for which they are so nominated." THEIR DUTIES. 147 ... J per- be lys, Ihey 'TV 11. THEIR DUTIES. 1. TO BE SWORN INTO OFFICE. The flrdt St^ction of the Act, after directing the mode of appointing Surveyors of Highw&yci, »fi before mentioned, continues ; " and ^e personH $<«) appointed shall be Bwom to the faithful discharge of the duties of that office." If they neglect to h- so sworn, ** within fourteen days next after such appointiwnt," *' having received notice there- of,** they are liable to a penalty. See their Liabili- ties, p. 156. 2 TOGtVKKOTlCX OF THE TIMS' AflD PLACE FOK PERFORMING STATUTE LABOUR. Ike dth Section of (he Act enacts «< That the Constables for the several Townships in4hiB^ Pro- vinoe^ i^l taitk» o«t lists of aU iudi persons who are owners of teams, carts, or trucks, as also of every other hovseholder, and- other persons liable to perfiMrm labour, tmder this Aot> witkin their re- speetive TownslupS) and'- the Settlonents adjoin- ing, and deliver U^san^ to t^ -Surveyors of High- ways ; and the said Constables, when required by the sud SurveyoES, shall sumimm the said persons contained in the said lists to meet on such dayt^, and at sueh places, as the tcod Sitfveyors shall di- rect, tDperf(tfm the labotir required by this Act.*' I 148 SURVXYORS OF HIGHWAYS. the 6th Section also directs, " That the said Surveyors of Highways shall, at the moHt season- able timie, between the first day of April and the first day of November, yearly, (seed time and harvest only excepted) cause the persons con- tained in their lists respectively to be summoned, giving them at least six t'ays' notice of the time and place where they are to be employed." The time thus limited for the performance of Sta- tute Labour, was afterwards altered to ** between the twentieth day of May and the twentieth day of September in each year," unless the Governor shall otherwise direct, with respect to any of the gredt Post Roads. Act of 1828, 4 P. L. 31. See Murdw £p. 141, 146. The Statute Labour ought to be performed as early in the season afler the time appointed, (not to interfere with the seed time) as the state of the roads will admit ; that the repairs and alterations made on them may become settled and solid before the fall weather commences. If it is put off tni late, the labour then expended is often wwse than useless. The Statute Labour ought also to be performed where it is most required. And it is the Sur- veyor's duty to have it so done, without favour or partiality towards himself or others. ^ 3. TO OVERSEE THE STATUTE LABOUR^ When the Surveyors have determined upot» the time and place for having the Statute Labour } THEIR DVmt. 149 or performed) and givrni notice as before sientioneii) the 6th Section dkeota diat they *< shall there over- see and order ^ peieons ao lumrnoned to laboiir in making and ie|Miinng the Highways, Roads, Streets, and Bridges, m the most useful manner, during the number of ^ys #equiied by this Act, fw each person to labour " — 1. The Statute Labour which eachperton is oblig- ed to perform : {he.pmdHiea jw neglect : and the persons exempted. These are all esjuressly stated in theseccmd Sec- tion of the Act of 1826, 3 P. L. 230,. which enactt^, **That every person within each Townriiip or Settlement, keeping any csurt, team, or truck, shall send, on every day appointed by the Surveyor of Highways, one cart, or team^ or truck, with two oxen, or two horses, or with one horse, in case he owns no more, and one able man to drive the same, four days in every year, to woiit on die Highwnyi;, Beads, Streets, or BndgeSj allowing eiglit hours to each days' work ; and sveh person not attending, or neglecting to f)erform the said duty, shall forfeit, for every iay'a neglect, if owning two or more horses w oxen, ten sliUHngs ; and if own- ing one h(XBe only, seven shillings; and that every other householder or other person, able ot' body, between the ag^ of sixteen and sixty, not l)eing a military person, or holding a commii^sion iVomHis Majesty, in the Military or Civil Dcjari- ment of the Army, or an hired servant, minor, apprentice, journeyman, or day labouser, »hnll on L2 M SURVEYORS or HIGHWAYS. every day appointed as aforesaid, either by hiin« -self or other sufficient person to bie hired by him, 'and provided with such necessary implements as shall be directed by the said Surveyw, work, and •continue so to do, for the space of six days in every year, on the said Highways, Roads, Streets, or Bridge within the Township or Settlement where they respectively reside ; and every hired servant, minor, apprentice, journeyman and day labourer, shall, on every day appointed as aforesaid, either by himself or other sufficient pefson, and provided with necessary implements, as aforesaid,' work, and continue so to do, for the space of two days, on the said Highways, Roads, Streets, or Bridges, within the Township or Settiemeht where they respec- tively reside j and such householder, hired servant, minor, apprentice, day labourer, or otiier person, not attending, or neglecting to perform the said labour, shall forfeit three shillings for every day's neglect." Licensed Teachers are exempted from the per- formance of Statute Labour, during the time they are employed or engaged in any School established under the Act of 1832, entitled " An Act for the encouragement of Schools." 4 P. L. 111. This Act expired in 1836, and was then continued as amended, for two years more, by 6 Wm. 4, c. 92. 2. When labour of men preferable to teams, Sfc. The 4th Section enacts — ^** That when any Sur- veyor of Highways shall judge the labour of men more useful and necessary than that of carts, teams, -or trucks, the persons who by this Act are to sup- .d1 THSm DUTISI. >i 151 y him- f him, entsaa rk, and \ every »et8,or where srvant, bourer, ther by ■ovided rfc,and on the within ■espcc- ervant, n, not abour, ;lect.»» leper- they >lished for the This led as |C« «7Ar • Sfc. Sur- me* ;ani«, sup- ply carts, teams, or trucks, shall be,'Md they are hereby required, under the like penalty, to send two labouring awn, instead thereof, furnished with ne- cessaiy implements as aftxesaid." 3. Statute Labour of Poor persoM, The 7th Section enacts — ** That upon applica- tion to two of His Majesty's Justices of the Peace, the said Justices shall and may, in their discretion, lesson the number of days' labour to be performed by any poor person who cannot, without detriment to his family, perform the labour required by this Act." 4. ^ged persons, ovming teamSy Sfc, The 8th Section directs, " That all persons keep- ing carts, t^ams, and trucks, who, being sixty years old, or upwards, are exempt from labouring on the said Highways, or Roads, shall nevertheless, when summoned so to do, send their carts, team?, or trucks, for four days, to assist in making or re- pairing the same." 5, Persons living on Islands. The 28th Sec. enacts, ^ That no person resid- mg upon any Island within this Province, whereon -there are any Highways or Roads in which the per- -formance of any labour by this Act may be enforc- -ed, shall be compelled to work upon any Highway, "Boftd, Street, or Bridge, situate or being upon the main land, or to furnish any labourer, cart, team, iruck, oxen or horses, for the said service, nor be ,s 152 suRvrroM or nteawATs. liibte td any pMalijr dr pMMJttoB Amp MgleetiDg dr MAttittg lb to do, bM eMh Mid ev«it pch statute or h'ghway labour, obtain from the Surveyor of Highways, for the district in whidi such person or |)erson8 shall reside (wko if the said labour has been faitlifully performed, is hercbj re- quired and directed to grant the same,) a certincalo or certificates of the due performance by such per- sons of such labour ; which said permission and certificate or certificates, shall be a bar to any ac- tion to be brought against any such person or pers- ons, under or by virtue of the Act of which this Act is an amendment.'' viz. the Act of 1826. 4. NOT TO ALTER HIGHWAYS WITHOUT CONSENT OF JUSTICES. The 9th Section of the. Act «f 1826 enacts— " That it sHall not be lawful f(Mr any Surveyor of Highwfliys, with the -consent of the owner of the 'Land, to-sHerany Highway, Soad or Street, Or make any 'rttpilirs to any Highway, Road, or Street, in any Town, Township, or Settlement, without tlie advice and consent of, at least, two Justices of the Peace." 5. TO KEEP THE ROADS PASSAKlIB r and re- covered ; which fines, and forfeitures, so recovered, shi^l be appl^ to the repairs of the said High- ways,. Roads, Streets and Bridges.*' 8. TO.RSNBBR^ TO^THB SESSIONS AN ACCOUNT OP THE' LAB9VR EXPENDED. The 12th Seotbn enacts, <^ That every Surveyor of Highways, shall yearly, at the expiration of his office, render te t^e Coiurt of CS^nefal Sessions of the Peace, a true and faithful account, under oath, of all the labour expended by him, designating the namea of the penons^and ^e.labour p«rfonn- ed by each^ and of all the fines reoeived by bim» ; t 186 SUHVCtOM Of HIClfirATS. and shall pay the overplus, if ant in hie hands, to his successor, for the use of the Highways, under a penalty not exceeding Tea Pounds for each ne- glect." III. THEIR LIABILITIES. 1. TOR REFUSING TO ACCEPT THE OFFICI. If any person who has been appointed a Sur- veyor of Highways, as hereinbefore mentioned, and received notice thereof, shall refuse to accept of the said appointment, within fourteen days next a(\er such appointment, he shall forfeit for such re- fusal the sum of five pounds. Act of 1826, T Geo. 4, c. 2, sec. 1, 3 P. L. 231. 2. FOR NEGLECTING TO BE SWORN INTO OFFICE. If any person, so appointed, and notified, shall neglect to be sworn to the faithful discharge of the duties required of his office, within fourteen days next after such appointment, he shall forfeit for such ne^ect the sum of five pounds. Same Act. 3. FOR NEGLECT OF DUTY. If any person, having accepted the office of Sur- ■ veyor of Highways, <* shall neglect his duty there- in," he shall forfeit the sum of five pounds." Same.' ACrl} &c. I ! THtfR LIAIIUTICS^ 157 liandi, to '8, under «ch ne- S. rici. a Sur- jntioned, accept ays next such re- ly V Geo. OFFICE. ed, shall ^of the en days brfeit for le Act. ! of Sur- - ty there- " Same.. 3. FOR NCGLECTIIfG TO ACCOUNT FOR LABOUR EKP^iqilKP. And if any Surveyor of Highways shall neglect to render to the Sessions an account of the lalxHir expended by hitn, and pay over the money, as be- fore mentioned under their duties, p. 156, he will be liable to *< a penalty not exceeding ten pounth for each neglect.'' Act of 1828, sec. 12. All these four penalties, ** not being less than Five Pounds," '* shall be recovered, with costs <>t' suit, by bill, olaint, or information, i|i any Court of Record in this Province, one moiety thereof tu be paid to the person or persons who shall sue fur the same, and the other half to be applied to tlie r^in of Highways, Roads, Streets, and Bridges, vvithin such Townuiip or Settlement, as the Court of General Sessions of the Peace, for the County Of District where the offence was committed, shall direct." Same Act, Sec. 31. IV. THEIR PRIVILEGES. The first Section of the Act of 1826 concludes as follows—*' And the Surveyors of Highways (hall be excused from any other service on the Highways, than that of overseeing and ordering the persons employed thereon." M I ; V V--&"' CHAPTER IX. FEJrCE VIEWERS. CONTENTS: ' a . • \ > . »; I. TttCm APPOIKTMEKT. n. THfilR DUTSS. 1. Td viewy. build or rfepftirFenees ; and here- in— 1. Whai are iauftU Fenees,^^, When and bytohomt&behpfvp,'^. When lobe buiH and repaired by Fence viewert.-^, Whm iobe\ viewed, in. THim LIABILITIES. IT. THCOl FRIVILIGBSr 'i •> ,''nsist8 in view* ing, building, and repairing Fences, when notified by any person requiring their services. Under this head wil! be shewn, 1. What are lawful Fences, The Act of 1822, 3 Geo. 4, c. 32, sec. 1, 3 )*. L. 136, requires — << That all Fences belonging to any enclosed Lands, s'hall be built or made with stones^ pickets, boards, logs, y^. brush, or posts and rails, uliless Uie lands are jund^ by pontfi), unfordable rivers, or the sea, or surrounded by good and sufficient hedges ; and such Fences and Hedges shall be at least four feel and a half high, except on the Peninsula of Halifax, where four feet in height shall be judg^ a legal Fence und6r this Act." The 15th Section direct&^<< That such rivers^ creeks, bays, harbours, and inlets of the sea, onl]^ shall be deemed sufficient and bwful fences, as, in the judgment of the Fence Viewers of the town- ship or place, where such tn8table8, &c. See Chap. 1, p. 12, where the law, relating to such appointments, hat. been already explained. II. THEIR DUTIES. . ^ ► 1. TO BE SWORN INTO OFFICB. • .vx The Act of 1765 (5 Geo. 3, c. 1, sec. 1, 1 P. L. 107) directs that all the Town Officers therein mentioned, *' shall respectively be swom to tha faithful discharge of their duty, in manner as is al- ready prescribed by the laws of this Province, an4 THBIR DUTICfl. Mt nhal) in every respect conform to the said laws.^— » As Pound Keepers are among tlie number of such officers, it will be their duty, in the first place, up- on receiving notice of their appointment, to go be« fore some Magistrate, or the Court of SetnioDs, and take the oath required. [T. r, by the Bsions of one man-- 1, p. 12, ents, haa 1, IP. 1 therein to tha as is ai- ice, ani 2. 70 TAKB CNARGB OP, AND ADVimTISI, THE CATTLE IMPOUMOBD. The Act of 1822, relating to Trespasses, (3 Geo, i, c. 32, 3 P. L. 137,) enacts, <« That if any da- noage sludl be done by breaking any enclosure, and destroying the product thereof, by any horses, sheep, goats, swine or neat cattle, it ^all and may be lawnil for the person or i)er8on8 whose fence or fences shall have been so broken, and whose en- closures shall have received such damage, to cause the said horses, sheep, goats, swine or neat cattle, to be impounded until the owner or owners of such cattle, so trespassing, shall claim the same ; and the keeper shall cause the same to be cried or ad- vertised in three of tlie most public places in tlie Township or Settlement wherein the trespass sltall be committed, as soon as may ^6," in order that the person so injured may proceed against the owner of the cattle if he refuses to pay the damages, as is directed by the first Section of this Act, See titlf " Fence Viewers," p. 163. 170 POUlfD KIIPCRS. S. TO f lED THB CATTLE IMPOUIfDBD ; AND SlL^ THEM IF THE OWNER DOES NOT PAT THB DAMAGES AND EXPENSES. The 4th Section of the Mime Act also directs— that the owner of cattle eo impoMnded, shall par tlie Pound Keeper, ^*'far the support of the same^ over and above the damages which shall be ad- judged to be done by them ; " and if the owners of such horses, sheep, goats or swine, or neat cattle, shall refuse to pay the same to the Keeper of the Pound, together with the charge of crying or adver- tising the sanie,\vithin eight days afler the same shall be impounded, the said horse or horses, neat cat- tle^ sheep, goats or swine, shall be pulHicly sold, and the money arising from such sale, after deduc- ting therefrom, the pay of the Keeper for support- ing them, and the diamages done by the horse or horses, neat cattle, sheep, goats or swine, the re- mainder shall be paid to the owner, and if no owner shall appear within thirty days, then to the Overseers of the Poor for the Township or Settlement wherein the Trespass has been com- mitted.'* * The law relative to rescue and pound-breach. By the 5th Section of the said Act, if any per- son shall rescue any Cattle, from a Hogreave, or any other person, (hriving them to the Pound, he ** shall forfeit and pay for such rescue, the sum of twenty shillings," besides all damages sustained by the trespass of sucli cattle. The i>enalty to be re- THBIR DUTIBt. 171 LifD nth PAT directs— shall par Ul be ftd- »wnere of !at cattle, IT of the oradver- ime shall neat cat- icly sold, >r deduc- support- loree or the ra- id if no then to iship or in com- ''eack, iny per- tave, or mnd, he i sum of lined by o be re- covered by the oath of one credible witnesn, before any one of His Majesty^s Justicet ; and levied by Warrant of Distress, and sale of the oflender'i gooda and chattels } ** and if any person or persons shall make any breach of the said Pound, or shall, by any other indirect means, deliver any swine, hor^ n, sheep, foata, or neat cattle, out of the same, the person or persons so offendine, being duly con- victed thereof before any two of H. M. Justices of fbe Peace, shall forfeit and pay the sum of five pounds, to be levied as aforesaid ; .and the said pe- nalties for every rescue and pound-breach, shall be paid to the Overseers of the Poor," for the uw of the Poor of the Township, after deducting the chargea of repairing any such breach of the Pound. And by the Act of 1833, 3 Wm. 4, e. 3, sec. 1, 4 P. L. 193, persona ao convicted of rescuing cattle, or breaking the Pound, or letting out any animal, for want of sufficient goods and chattela to satisfy the amount of the said Warrants of Dis- tress, with the fees thereon, shall be committed to Gaol until they pay the same, or be discharged by order of the Justices. But the 2d Section of this Act authorises the Justices to dischaige such offen- ders from Gaol, if it appears that they are whdly unable to pay such amount and fees, and have not been guilty of any fraud to escape payment there- m POUNi) KEEt>tRSt III. THEIR LIABtLlTI]eS* t 1. FOR NOT ACCEPTING OFFICE. If any person) who has been regulariy «ppcinte(i a Pound Keeper, refuses to accept the office, he will be lia^e to a penalty of forty shillings. To be recovered befoie any two Justices ; levied by Warrant of Distress ; and applied to the use of tlM Poon 5 Geo. 1, c Ij sec. 1, 1 P. L. 107» 2. FOR KZGLEC? OF DUTY* If any Pound Keeper is guilty of any ne^ect^ or misbehaviour, in the execution of the duty of hid office, he will also be liable to a penalty of forty ^illingij. To be recovered and a|)plied aa .the last. Same Act, Su:. ■ J '« IV. THEIR PRIVILEGES. When cattle have been impounded for doin^ damage, the Pound Keeper is entitled to receiipe from iie owner, *< finr the support of the same, for each and every day the same shall have been im- pounded, one shilling for every horse and head <^ neat cattic, and six pence for every sheep, goat or iwine." If the owner refuses to pay the eame together with the expense of crying or advertising, within eight days ader impounding, the keeper may sell ^em, as before mentioned, p. 170. CHAPTER XI. pointeti lice, he p. To k^ied bj of the I^'SPECTORS JIJ^D REP^eKERS BEEF AXD PORK FOR EXPORTjSTIOJ^. CONTENTS: OF leg^ectj 3 duty )enalty liedaa doin^ Jccif« le, for ad <^ tat of eame ising, rmay 1. THim APPOWTMlllT. n. THSIR DUTIC8. 1. To be sworn into office. 2. To inspect and repack Beef and Poiic intended for exportation ; and herein,-— 1. The size and description of Pork Sorrels, — 2, The different qualities of Pork. 3. The quamiity of salt to be uud for Pork.— A. The brands and marks for Pork. — 5. The size and description of Eeef Barrels. — 6. The different qiuditiei of Beef ; and the brand andmmks to be used for it, — ^7. The quantity of salt for Beef.- 8. The sizey brands, and marks of half -barrels of Beef. — Q. The manner of salting and branding; Beef and Pork. 10. The penalties for shifting or intermixing Beef or Pork repacked and bran- ded. — 11. The penaltiss for exporting Beef or Pork not inspected. 3. To search for and seize Beef or Pork intended for exportation without N2 t 174 C0NT15TS. being inspected. — Penalty for obsirueiing such ttarch. HI. THEIR LIABILITIES. For misconduct or neglect of duty. = -. •? IV. THEm imiVILEGIS. Compensation for services. ».;/■ -■ • I • ■ ; *.? » il, :.• •*v* * A' . • - CHAPTEB XI. LYSPECTORS ^J^D REPACKERS OF BEEF AJ^D PORK FOR EXPORTJlTlOJf. ■^) 1. THEIR APPOINTMENT. The Act of 1830, 11 Geo. 4, c. 0, fee. 1, 4 P. L. 76)* directs that the Grand Juries, at the General Sessions of the Peace in each County, wherein, by Law, Town Officers are to be appoin* ted, shall nominate out of every Township, '* four fit persons, out of whom the said Court of Sessions shall appoint two, 'to be Inspectors and Repackers of Beef and Pork, intended for exportation, which Inspectors and Repackers shall hold and exercise their said office, for and during the year succeeding their nomination and appomtment, and until othere shall be appointed in their stead." • This Aet is ptrpttatl 176 UISPICTOM OF BSSP AND PORK. II. THEIR DUTIES. 1. TO BB SWORN INTO OFFKB. The same Section directs that the said Inspcc* tors and RepadEera << shall, within eight days after notice of their appointment and before they eoter upon the execution of their office, take the follow- ing oath before some Justice of the Peace, for the County wherein they reside, viz : — I, A. B. do swear that I will faithfully, truly and impartially, according to the best of ray judg- ment, skill and understanding, execute, do and perform, the office and duty oif an Inspector and Examiner of Beef and Pork, according to the true intent and meaning of the laws of this Province, relative to the same*'' 2. TO INSPECT AND REPACK BEEF AND FORK INTENDED FOR EXPORTATION. Under this head will be shewn : 1 . The size and description of Pork Barrels. The 8d Section of the same Act requires that ^* every Barrel or half Barrel, in which pork shall be packed or re-packed, shall be made of good sea- soned white Ash, or white Oak Staves and Head- ing, free from sap, and every defect ; and each Barrel shall contain two Hundred Pound's weight of Pork, end shall be of not less guage than twenty- I ii'kicui IWTfMt m K^ven, nor more tfian twenty-eight gallons ; and «ach half-barrel riiall contain one Hundred Pounds* wei^t of Poit, and shall not be of less guage than fourteen, or more than fifteen Gallons : the Barreb to measure sixteen inches between the chimes, and to be twenty-eight inches long ; to be hooped with two iron hoops at the least, and iburteen A^, Oak, or Hickory hoops ; tfie heads to be made of good thick staff, and lihe boops to be well set and drove ; the hsdf-barrehi to be hooped in the same manner as the whole Barrels." 2. T%€4ifferfiitquaUtk»0f Porks ' The 44h Section enacts, *, from which the ears and snouts above the tusks rimll be cut off, and the brains and Moody grizzel taken from out of the heads ; and the third quality of Pork shall be nominated Cargo Pork, of which there shall not be more in one Barrel than four shoulders, without the legs as aforesaid, and not more than two heads with the ears and snouts cut eff, And brains and bloody grizzel tidran out as a- 178 UISPECTORS OP BESr AND PORK. foresaid, which heads shall not exceed twenty-fi>'« pounds* weight, and shall be otherwise fat mer- chantable Pork ; and every half-barrel of Mess, Friine, oi Cargo Pork, shall contain one half of tlie quantity of Afferent kinds and qualities of Pork of a whole Barrel ; and the Pork so to be packed shall be cut in pieces as nearly square as may be ; provided thai the Mess Porte shall be cut as nearly ■s possible in pieces of four pounds' weight, and Prime and Cargo Poric shall not exceed twelve or be under four pounds' weight/' Vt 3. Th€ quantity of salt io be used for Pork. ..' The ith Section also directs, that << there shall net be less than half a bushel of coarse salt used in the packing of a barrel, one peck in the packing of half a banel, which shall be Turks' Island, Bahama Island, or St. Ube's salt, and there shall not be less than three ounces of salt petre used to each barrel of Pork, or less than one ounce and one half of an ounce used to each half-barrel of Pork." 4. The brands and marks for Pork. The 7th Section requires, " That every Inspector or Repacker shall brand upon each barrel of Meai Pork, which shall contain wo hundred pounds' jweight of Pork as aforesaid, the iigiires 200, and the words Mess Pork ; and upon each barrel of Prime Pork, shall, in like manner, be branded by the said Inspector, the words Prime Pork, together with the figures 200 ; and, upon every barrel of THim DUTIC8. 179 Cargo Poric the words Cargo Pork, with the figures 200 ; and the half-barrela of Meat, Prime and Cargo Pork, shall be branded in like manner, ex- eepting only that the figures 100 shall be branded om such half-barrels instead of the figures 200." 5. The size and dtacripHon of Beef Barrels, The 3d Section enacts, *< That every Barrel, in which Beef shall be packed, shall be in all respects the same as the Barrels in which Pork shall be packed, except that the Barrel in which Beef shall be packed may contain thirty gallons.'* 6. The different qualities of Beef; and the brands and marks to be used for it» The 5th Section enacts, << That the Beef, to be by the said Inspectors repacked, shall be such as is well fatted, and in every other respect fit for ex- portation, and the same shall be repacked into bar- rels and half-barrels in the following manner, that is to say : such Beef as is large and fat, without eitlier hocks, shins, or neck pieces, shall be sorted by itself, and on one of the heads of all Barrels containing Beef of this quality shall be branded the words Mess Beef; and such Beef as is not of the very first quality shall be sorted and repacked by itself, and on one of the heads of all barrels con- taining Beef of this quality shall be branded the words Prime Beef; in each of which barrels of Prime Beef there shall be at least one Round, and not more than two hocks or shins, and one half of the neck, and shall be (hkI and well-fatted Beef; tse INSPBCTOBS OP BBBV AND PQRIC. wad sttch u is inferior or third quality of Beef shalf, in like manner, be sorted, and repacked by itself, •nd on one of the heads all barrels containing Beef of this quality, shall be branded the words Cargo Bee^ which shall not contain more than three hocka or shins, and one half of the neck in each such last mentioned barrel *, and furdier that every Bar« nsl, in which any kind of Beef shall be so repack* ed as aforesaid, shall contain two hundred neat pounds of such Beef, and the figiures 200 shall be branded on one of the heads of each and every such barrel." 7. The pwmiitf of Salt for Beef . The 5th Section also requires, that " each Barret ^Beef shall contain one peck and one half peck of Turk's Island, St. Ubes, or Bahama Island salt, and three ounces of salt petre at the least." 8. The size, brands and marks of half-barrels of Beef, The 6th Section directs, « That every half-bar- re), in which Beef shall be repacked by virtue of this Act, shall be made of the same materials, and in the same manner, as half barrels in which Pork ■hall be repacked as aforesaid, and contain one hundred neat pounds of Beef, and on one of the heads of every such half-barrel of Beef shall be branded the figuies lOOj and, in other reacts, be assorted and branded, and diatl be under the same rules and restrictions as full banels of Beef are here- in before directed to be." THltR DUTICf . 281 eefahat!, by itself, ling Beef ds Cargo reehocki ich such rery Bar- » repack- jred neat ) sbaU be ind every ch Barre! iialf peck land salt, a." 'forrels of half-bar- virtue of ials, and ich Pork tain one B of the shall be )ects, be lesame here- . % 9. The manner of salting and branding Beef and Pork, Tlie 8th Section enacts, " That no Beef or Pork wliall be repacked until the same has been laid in salt not less than fourteen days before such repacking ; and all casks of Beef and Pork so re- packed shall be branded with the name of the laspector or Repaoker at full length, together with the name of the place where the same shall have been repacked ; and every Inspector and Repack- cr of Beef and Pork shall carefully secure such his marking Irons so as to put it out of the power i>f his servants or others to obtain and make use of* the same, contrary to the true intent and mean- ing of this Act," 10. The penaliies for shifting or intermixing Beef or Pork repacked and branded. The 10th Section enacts, " That if any person or persons shall, at any time hereafter, intermix, take out or shift, any beef or pork, that has been repacked and branded as aforesaid, and shall ex- port, and lade on board of any vessel for expor- tation, such beef or pork, so intermixed, taken out or shifted, every person so taking out, intennixing and fraudulently shifting, such Beef or Pork, shall, on conviction thereof, forfeit and pay the sum of fifty pounds, to be applied to the use and benefit of the Informer or Informers." 18-2 INSPKCTORS or BEIF AND PORK. I I 11. The penalties for exporiing Beef or Pork not inspected. ' The 12th Section imposes the following penal- ties for exporting Beef or Pork, not inspectetl ac- cording to the Act ; namely — for every Barrel of Beef or Poric, so exported or shipped for exporta- tion, " the owner thereof shall fuifeit and pay for overy such barrel, the sum of two pounds ; and tJie master of every vessel having tl»e same on l)oard, shall forfeit and pay for every barrel twenty shillings.'* 3. TO SEARCH F0R| AND SEIZE, BEEF OR PORK SHIPPED FOR EXPORTATION, WITHOUT * BEING I?'^PKCTED. The I2th Section also authorises the Inspectors, " on snspicioD that any Beef or Pork, not inspec- ted as aforesaid, shall be shipped in any vessel for exportation, to apply to any Justice of the Peace, and, on oath, to assign to such Justice the causes of such suspicion, aud if the said Justice shall think the suspicion well-grounded he shall issue his War- rant to tlie said Inspector or Inspectors to enter on Iward any vessel whatever, laden or loading, in any port within this Province, and to search for, and make discoveryof, any Beef or Pork shipped on board of any such vessel for exportation out of tliis Province ; and if any of the said Inspector! shall discover any Beef or Pork, not i*epacked or branded as directed in and by this Act, on bourJ of any such vessel, such Inspector shall apply to M TllEin DUTISS. Ih3 vr Pork ; pcnal- cted ac- aiTpl of jxporta- 1 pay for ds ; and lamc on I twenty iR PORE >UT specters, inspec- Bssel for B Peace, causes of i\\ think lis War- enter on iding, in irch for, shipped n out of ispectoni icked or m bourJ ai)ply to Rich Jiusticc of the Peace, who i« hereby authoris^- vd and recpiircd to ioeue his Warrant, directed u» the SheritV, his Deputy, or any of the CunstablcA of the County wherein such vessel is laden or loading as aforesaid, commanding him or them tu enter on Iward every such vessel, having on hourd such uninspected Beef or Pork, and cause Uie same to be rdtuided and delivered to the owner orowii- crt^ tiiercof, u[K>n his or llieir paying all I'easonable and lawful exi)cnces for the aforesaid warrant, ^HX^^ch and relanding ;'* that i?, at the expense t>4* the owTHjr of the Beef or Pork-. t Penally for obstructing suck gearch. The 12th Section also enaots, barrel of Beef or Poik, in any manner or form contrary to the true intent and meaning of thit Act, (Mr shall in any othermanner offend against the true intent and meaning therec^, such Inspect' tor and Bepacker shall forfeit for every offence the sum of two pounds : the one half of which »hall be applied to the ine d" the Poor of the Township wherein the offence is committed) and the other half to be paid to the person or persons infonn* ing » IV. THEIR PRIVILEGES. COMPKN8ATION FOR 8BRTICSS. The 9th Section enacts^ « That the Inspectors and Repackers shall feceive, and be paid, for in- specting and repacking, afler the rates fdlowing, that is to say for inspecting and repacking each barrel, bne willing ; and for each hall-barrel, seven pence half-penny ; far each hoop wanting, and put on by the Inspector and Repacker, two pence, and for flagging, nailihg, pegging, and pickling, each barrel, seven pence half-penny ; and each half barrel, five pence — the owner of the Beef and Pork furnishing oe paying for the salt« * .%%m t^ f manner eaning of ndagainHt lence the lich »hall rownship the other s inform'' CS. nspectort dftor in- R^owing, ung each rel, seven {, and put snce, and ng, each »ch half and Pork f-,>* ■ OHAPTERXII. I INSPECTORS JtJfDWElGHERa OF BEEF. 1. THEIR APPOINTMENT. The Act of 1829, 10 Geo. i, c. 17, sec. 1, 4 P. L. 47, requires that the Grand Jury, at the first sit- ting (^ the Comt of General Scfwons of the Peace in every 3rear, << shall nominate five or more fit and proper peiwns in each and every Township with- in their respective Counties an4J)iftrict«, out of whom the said Court shall appoint two or mom for the purpose of Inspecting and Weif^ng Beef, as hereinafter mottioned.'' (This is an annual Act.) II. THEIRDUTIES. The 2d section of the same Act directs, « That whenever any Cattle, from and after the appoint- ment of such officers, in any Township within the 02 ' I 186 IirSPICTORI AND WIIGHSM Of BEEF. Province, diall be sold at a stated price to the Butcher, by the Pound or Hundredweight, and ■hall be aiauf^tered in such Township, one of the said Officers, to be named by the Seller, if requir- ed, shall be ejiployed within twenty four hours a^ ter the same have been killed, to inspect snd weigh^ the Beef of such Cattle, who shall ascertain the just and true weight thereof, by weights duly assay- ed and stamped according to Law ; * and also by deducting, at his discretion, what he shall deem to be a fair allowance for any bruises that may have been sustained by such Cattle, or adding to the se- veral quarters of such Beef, what may appear to him to. be a reasonable and fiur addition to the weight of such of the said quarters, as shall or may in Kis opinion have beeii' improperly trimmed off, and reduced in weight, by the Purchaser." ^ The 4th Section imposes a fine of twenty shil- lings a-head on any Butcher who shall not employ an Inspector *' to inspect and weigh the Beef of all cattie purchased and slaughtered by him as • The Act of 1768. 82 Geo. 2. e. 2. 1 P. L. S2, •oc. 1, dirocts, *' Thai all weights and meanirot mod in thie Province, ehall be according to the etaodard of the Exchequer of England." And that the Clerks of the Market of each town, shall keep a set of ai- say weights, according to such standard. The 2d Section requiree tbo said elerks to assay, and brand or stamp, with the initial letters of the town, all the weigbta and raeasurea used in selling any eonoMiodJtf . And the 8d Section imposes r penalty of £l4 on aay Crson convicted of selling h« H*«ights and messufst M than the e8tabiiil|«dali|nda. Bricks and Lime seieed, 5. To inspect Free-Stone. m. TillUR XUBIUTIS8. 1. Jor refusing to .accept office, or. neglecting their duty. 2. For measuQng from more than ond vetsel at & time. IT. THEIR PRIVILEGES. Comiiensation for services : — 1. For measuring Grain, Salt, and Coals,— 2, For inspecting and measuring Bricks and Lime.— 3. For inspecting and meastaring Free»Stone, ^m RS OF CHAPTER Xin. ./If iJiTSPECTORS AXD MEJiSURERS OF GRAIXy SALT, COALS, LIME, AJfD BRICKS. spect and ricks, im- ighi and din»peC' heads for rick* and eglecting thanond I. THEIR APPOINTMENT. * These officert are to be nominated and Sf^a* led annually, by the Grand Jury, and the Court of General Scions of the Peace, at such Term, and in such number, as the Justices. shall direct; ** for Ihe purpose of measuring all species of com or pain, salt, coals, and lime, and for inspecting all bricks, which shall be oflfered for sale, and sold, within their respective Townships." Act of 1792, 1 P. L. 291 1 see also « ConstaWes"— " Their ap- pcNntment," c. 1, p. 12, and the Act of 181 1, then mentioned. The Act of 1816, 56 Geo. 3, c. 21, sec.?, 2 P. L. 210, directs that the oflBcers appointed ibr the inspecttion and measurement of Bricks and Lime, shall be inspectors and measurers of Free- Stone. I 190 INSPECTORS OF GRAIN, fcc. II. THEIR DUTIES. 1. TO BE SWORN INTO OFFICE. Tkc 6th Section of the Act of 1792 require?, " tliat the officers so oppointcd, filial) be respective- ly Hwom to the faithful discharge of tlieir duty.^ 2. T» IHSPCCT AND MBASURE AlL CHAIN, tALT, eOALS, LIME, AND BRICKS, IMPORTED) OR OFFERED FOR SALE. I. The 2d Section, Act of 1792, requires that b11 grain,' ** imported or brought to maiicet for sale, shaU be, on request of the purchaser, inspected and measured by the sworn inspectors of such tow9 or port, where the same shall be brought for sale." , II. The 6th Section enacts, <wing standard weight ; *' Wheat shall weigh per bushel, 58 Ibe. } Rye do. do. Indian Corn do. do. Barley do^ do. Oats - do. do* Pease do. do. 56]b!>. I 58 lbs. 4«lbs. 34 lbs. 60 lbs. Vf ?(> The 3d Section directs, that if any kind of corn or grain imported, shall not be merchantable, Qgree- able to the above standard weight, tlie inspector or measurer may, if required, either.by the buyer or seller, add to each bushel, a quantity sufficient to make it weigh, equs^ to the said standard ; and if it weigh more, he may deduct, from each bushel, sufficient to make it tiie standaid weight. The 4th Section imposes a penalty of one shil- ling a bushd, on any person exporting out of tlie Province^ any kind of grain,, weighing iest^than the , standard weiglit, or not inspected and measured by the proper persons appointed for that purpose/ The Act of 1786, 1 P. L. 273, requires, that ** the measure with which gnun is sold, shall be struck with a strait board or stick, rounded at the edges, and wiUi no otlier,** und^ the penalty of twenty-shiUings, for every hundred-weiglil. I 1«2 158PECT0R1 OF CRAIN, kc. 2. The tiu and intpeeiion of brickt. T!ie Act of 1816, sec.l, 2 P. L. 209, directs, that ftll bricks made in this Province for sate, or sold therein, shall be of the sizes and dimensions follow- ing, that is to say : ** those of the larger size shall bo nine inches in length, four inches and thsee eighths of an inch in width, and two inches and one half of an inch in thickness ; and those of the smaller size shall be eight inches and one quarter of an inch in length, four inches in width, and two inch- es in thickness/' The 2d Section enacts, <* That all bricks sold, or offered for sale, as aforesaid, shall be inspected by the officer or officers, or one of them, appointed for that purpose, and all such bricks of any other or diflerent dimensions than is herein provided, shall be seized by the said Inspector, unless their actual size and dimensions shall have been declar- ed by the owner or seller thereof at the time tho same were sold, or offered for sale, and so sold and offered for sale, as and for bricks of such their ac- tual size and dimensions. And all bricks, inspec- ted as aforesaid, that shall not be well burnt, or ' otherwise be good and merchantable, shall be seiz- ed as afortsaid, unless the same shall have been sold, or offered for sale, as inferior or refuse bricks.** 3. Thd tizt of Hogsheadg for Lime, its qwUily and iiupeciion. The 6th Section, Act of 1792, requires that every ' tiogshead of lime ** shall contain eiglit Winchester ^oshsls, heaped, at the least, or ninety six gallons.* cki. rcct0, that e, or sold ms follow* ze fhall bo lee eighth* 1 one hair le amaller Iter of an two inch- ricks sold, ) inspectod appointed any other , provided, inleflB their en declar- time tho :> 8old and I their ac- ' 8, inapec* ' burnt, or 1 be aeiz- . ive been 5 bricks.** qualHy mt erery inchester lUoM.* THVIR DVnif* 193 The 3d SeetioB, Act of 1816, 2 P. L. 210, di- d before Peace, NE VKS- 2P. L. IV. THEIR PRIVILEGES. COMPBRBATIOll FOR BERYICSf. 1. For measuring Grainy SaU,and Coalt, The 7th Section of the last Act directs, << that surer of coals, for every chaldron of coals, six pence, to be paid by the seller of the aforesaid ar- ticles." 2. For intpeeting andmeatwring Rriekt and Lime. The 4th Section of the Act of 1816, 56 CSeo. 3, c. 21, sec. 4, 2 P. L. 210, enacts, « That for every thousand of bricks actually inspected, the person who shall inspea the same shall receive 19S nrspscTORs of graiit, he. (rom the Mller thereof nine penoe^ and fo in pi9»- portion for any smaller number ; and (ok ever/ hogphead of lime actually inspeoted and meatured^ the person whodiall inspect and measure the same ^aU receive from the seller therecrf' nxpencey and so in proportion ior any less quantity^ By the 5th fiedtflm they are entitled to one half ei the penalties redovored from persons selling limt in hoguieads deficient in quanti^«, and to one half of the lime and bricks, seized and condemned, at not merchantable, for << their trouble and expense 9( storage and prosecution." See p. 193, 194. 3. Far inipedihg andmeaaurihg Pru-Stom, The 7th Section dureets^ that (be Inspector shall receive from the owner or sdler of Free-stone, for his sArvieeb^ at the foUovVing rateej that ie to say : ^ (or the iniqiection and measurement of all Free- •ttme, df m6 description called flag stonesi nine ^(^ pertoil ; aiid of all other six pence per ton>> ifti to Ut j^iPo^Mtiofi £)r any less (|iiutt^.^ CHAPTER XIV. SURVEYERS J9JfD WEIGHERS OF . H^Y, 1. THEIR APPOINTMENT. Surveyora and Weighers of Hay are apppoint8d and si^orn according, to law, shall from tiofe to tlmM^ irievr all sueh hides nnd ritiM •a afdrtSaid, and shall stamp and marie all sttch as he sh^ fib^to be sufficiently tanned^ eurried^or Mherwise difesnd or thanufaGtumdjand if an^ such hidte or sidnto shall haVe been mtnnfactiired within this Province, the same shall be stamped and marked with the first letter of the name of the town r^ete^h they have beert 9b manufactured,'*— ** and every such hide ^all, at the time of being so surveyed aiid marked, be weighed also in preaenea' of the duiveyor, and the weight thereof shall by him be marieed on- said hide." 4. the 3d Sectionr imposes a fine of j^lO,oii any person convicted of eount^eiUng the stamp- er mark required by thia Act. 5. The Aci of 1779) 19 Geo. 3, e.3, see. 1, S P, L. 214, enacts, << That the persons appointed Searchers and Sealers of Leather, shall view every hide or ^in of any cattle, calves or aheept either in the slaughter-house or at the tanners, before the same shall be delivered on sale, and if he shall find the same to be gashed, cut, split or flawed, there shall be an allowance made on the price theraof to the buyer, as shall appear to the said Searchers and Sealers of Leather to be just and equitable } '^ 202 8EALARS 07 LEAtHBR. •^-and any butcher, or other person telling hides or skins without being so viewed, shall pay a fino of twenty shillings. III. THEIR LIABILITIES. Sealers of Leather are liable to a fine of forty shillings if they refuse to accept the office, or are guilty of any ne^^ect or misbehaviour, in the exe- cution of their duty ; to be recovered before any two Justices, levied by Warrant of Distress j and applied to the use of the Poor. 1 P. L. 107. ly. THEIR PRIVILEGES. The 2d Section of the Act of 176S directs that the Surveyors (or Searchers and Sealers) of Lea- ther, shall be paid for their trouble in viewing and malting leather tanned, curried, dressed, or other-" wise manuiactured, at the following rates, that is to say, *< for every ox, bull, steer or cow hide, threo pence, and for every calf-skin, one penny." And the 2d Section, Act of 1779, enacts, that tlie said Searchers and Sealers of Leather shall be paid for their trouble in viewing hides or skins of cattle, calves, or sheep, either at the slaughter- house, or at the tanners, (as before mentioned in the first Section) at the following rates, that is to say, ^ for every ox, bull, steer or cow, hide, three pence, and for every calf or sheep skin, one penny, and three pence per mile travel, to be paid by the seller." ing hide! ay afino IS. of forty », or ara the exe* fore any ess; and }7. S. "ectsthat of Lea- iving ami or other-" lat is to le, three er ;t8, that er shall or skins lughter- ioned in tat is to ), three penny, by the CHAPTER XIV. SURVEYORS OF TIMBER ^XD LUMBER. .CONTENTS: I. THSIR APPOINTMENT, n. THBm DUTIIUI. ' 1. To be sworn into office ; sec. 4. 2. To de- liver the oath in writing and subscribed, to the Clerk of the Peace, together with their private mark ; sec. 4. 3. To examine, inspect, and survey all Timber and Lumber, when requested ; sec. 5. 4. To reject Timber and Lumber not made aecording to the Act, and refuse to pass any that is objection- able ; ib. 5. To provide themselves with a copy of the Act ; ib. 6. To furnish the buyer and seller each v/ith a correct certified account in writing of the articles surveyed ; ib. 7. To mark all Timber and Lumber surveyed ; sec. 15. 8. To see that it is confoi^able to the provisions and directions of the Act; (sec. 5) — ^namely : 1. Ton Timber, how id be made; sec. 1. — 2. The dimetir SUMS ojf Timbers; sec. 2. — 3. Deals, their dimen- rions, and hoWito be made ; sec. 6. — 4. Planks, iheir dimensions, how to be sawed; sec. 7. — &. Merchantable Boards, Plank, and Scantling, how 2M COlVTBNTfl. io be made, ih^ ^nie$imt^l Wc. 8. — 6. LoM- wood, how to be made andmeatured; tec. 10. — 1^ Shingles, hmo made, jmt up, and counted; ib. <— 8. Staves for hogsAeadt and barrels, how made and counted! 9eQ< U*— ^9. Etfusf Tiwihtr and Lumber ; sec. 18^ m. TtfWR X4MIIUTIE8. 1. For certifying as merchantable, any Timber or Lumber, not aocording to the Act') sec. 12. 2. For expense of second surveys, when their opin- ion is not confirmed by a^r Surveyors in eases LUMBER. . I. THEIR APPOINTMENT. Surveyors of Timber and Lumber are ai^inted annually by the Grand Jury and the Court of Sen* sions, at such TenU) and in such number, as the Justices may deem expedient. Act of 1765, 5 Geo. 3, c. 1, 1 P. L. 106, as altered by the Act of 1811, 51 Geo. 3, c. 24, 2 P. L. 79. See « Constables," Chap. 1, p. 12. II. THEIR DUTIES — LIABILI- TIES— AND PRIVILEGES. As the Duties, Liabilities, and Privileges of the Surveyors of Timber and Lumber, are all contained, and clearly expressed, in the new Act of 1835, 4 P. L. 376, which r^gjulates the Survey of Timber and Lumber j and as the 5th Section requires that Q 20fi SURVEYORS OF TIMBER AND LUMBER. each Surveyor " shall provide himself with a copy,^' it will be inwrtedhere at full length, instead of heing abstracted, and arranged under different heads, in the order observed with respect to the other offices. The Surveyors who may be induc- ed to take this Book, would, otherwise, be still un- der the necessity of providing themselves with a copy of the Act. But as the whole of it will Iw carefully and correctly copied and compared, it will answer botli purposes. « ' The Act, " of which each Surveyor shall pro- vide himself with a copy^ is as follows : 5VVm. 4, c. 11, 4P.L. 376, entitled « An Act to regulate the Sur\'ey of Timber and Lumber, and to repeal certain Acts now in force .^' {Pa$$«d the \9th day of February, 1S86.) BE it enacted by the Lieutenant Governor, Coun- cil and JJssembly, That from and afler the first day of June next, after the passing of this Act, all hewed Timber, commonly called Ton Timber, which shall be exported from this Province, shall be straight lined and well squared, witiiout offsets or joints, and square butted at both ends, and shall also be squared with not more than one inch of wane on the edges, and shall be free from ail marks of scoring, rots, splits or worm holes, which may be detrimental to the same. IT. Jlnd be it further enacted, That no Spruce or Pine Timber shall be of less than sixteen feet ia len^h, nor any Birch or other hardwood Ton Tim- '■■x' [BER. ilf with a ;th, instead er different Bct to the ■ be induc- be still un- res with a ' it will 1)0 iKdj it will shall pro* • 1 "An Act id Lumber, 1S86.) \or, Coun- lie first day all hewed ;r, which shall be offsets or and shall |e inch of marks lich may |o Spruce m feet in !'on Tim- TfrKin DUTIES, &.C. 207 ber, less than ten feet in length, nor shall any Ton Timber be consUiciixl Merchantable unlevs the same shall stiuai'u at leatit ten inches, and when: the TimlK'r does not exceed jitixteen feet in lenjrth it shall be of equal bit;ness at both ends. III. JlnJ be it fuithir enactedy That the Sur- veyors of Lumber shall be entitled to receive tliii'*- pence per ton, for surveying Ton Timber with four- pence per mile for every mile they shall necesrariiy travel, in coming to the place for performing such duty, and shall, in all cases, measure Ton Timber by the girth, one quarter pait of the girtli to be taken as the side of the square. IV. And belt further enaciely That every Sur- veyor of Lumber shall, before attenipting to act as •uch, take and subscribe the following oath, before any one of His Majesty's Justices of the Peace, who is hereby authorised and required to admini- ster the same \vithout fee, that is to say : " I do solemnly swear that I will faithfully, impartially, truly, and to the best of my skill, knowledge and ability, execute, do and perfcnrm, the office and duty of a Surveyor of Lumber, according to the tru4^ intent and meaning of an Act, entitled, An Act to regulate the Survey of Timber and Lumber, and to repeal certain Acts now in force, and that I will give a true and faithful account of the number, dimensions and measurement of all such Timber or Lumber as may be submitted to my inspection and judgment, according to the best of my know- ledge, and that I will not any time wilfully change any article of Lumber, that may be entru>s- SOS tuRTBTom or timber and lumber. ttj to me for the purpoao of being so iurvej'ed ; ^ — which oath, every such person shall deliver to the Clerk of the Peace for the County or District in which he shall he ^pointed, together with the private mark which he shall adopt, and the said Clerk of the Peace is hereby required to grant a Cer- tificate to every such person of his having taken and subscribed the said oath, and the said persons there- al'ter shall continue in such office, until the annual appointment of Town Officers, and it shall be law- ful for such Surveyors to survey Timber or Lum- ber in any part of the County or District in which they are appointed. V. »^nd be it further enacted, That it shall be the duty of all Surveyors of Lumber, appointed' or hereafter appointed, personally and diligently to examine, inspect and survey, all Ton Timber and Lumber, of every kind and description, when call- ed upon 80 to do, and to see that the same is, and ahall be, in all respects conformable to the several provisions and directions of th's Act, and every Surveyor shall reject any Timber or Lumber which shall in any respect be contrary to, or objectionable under, this Act, of which each Surveyor shall provide himself with a copy, and shall refnse to pass the same, and, after rejecting and re- fusing such objectionable Timber or Lumber, the said Surveyor shall furnish the Buyer or Seller each with a true and faithful account in writing of the number, dimensions and measurement, of the articles he shall have so surveyed, and find to be merchantable, and every such Account, duly certi* ^' BCR. rvc)'ed ; ^ deliver to or District ' witli th« I the Raid :antaCer- taken and jons there- the annual lU be law- r or Lum- ;t in which it shall be ^pointed' or iligentiy to ^imber and [when call- ^me ii) and le several and every iber which ionable -or shall II refnse and re- iber, the or Seller [writing of it, of the nd to be luly certi- . THEIR DUTIES, &C. COO fied under tho hand of the Hur^^^yor, m^miII he finnl and conclusive between the Buyer nnd Sillier ; Provided always^ that if any diiiputo shull arixe Ite- tween the Buyer and Seller of any article of Tim- ber or Lumber, the person dist»atitified may cull upon three ukilful nnd disinterested personH, hc\\\^ Surveyors of Lumber, regularly appointed and sworn, who shall r(2-i)ur\-ey and exanune the said Timl)er or Lumber, and their determination or the determination of any two of them hhall be final and conclubive, and if tlie opinion of tiie findto the ADDENDA. [Overseers of the Poor, p. 63.] The Act of 1836, 6 Wm. 4, c. 39, sec. 4, directs that, in the Township of Pictou, it shall be the duty of the Treasurer " to summon and call, in manner as the Overseers are now required to do, the Meetings of the Freeholders and InhaJoitants of such Township, to vote and assess money for the support of the Poor." [Surveyors of Highwaysi p. 150.] By the Act of 1830, 11 Geo. 4, c. 10, see. 1, 4 P..L. 83, all Fire Engine men, who shall or may be appointed in any Town or place within this Province, under and by virtue of the Acts relative to Firewards, are exempted from Highway labour. But the 2d Section directs that their Teams and Horses ** shall be compelled and obliged to per^ form such Highway labour, anything in this or iA any other Act contained to the contrary notwith- standing." Till END.