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Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 4X iC^ifc,>3^;CHi.,>»4CNt,>5^«^L-i^45Ni.,S?«^:i?Nt,^ THE $k PERPETUAL ACTS ^^ 5? St^ OF THE P^, II GENERAL ASSEMBLIES § OF ^\ HIS MAJESTY'S PROVi: A OF § A/^0 r ^ SC 1 1 A. %f AS REVISED, In the YEAR 1783. W H ALIFAX,.in Nova Scotia.- Printed and Sold by ANTHONY HENRY. ^.1 If §k M.DCC.LXXXIV. M m M M m •\ A f{b K I, i^^E&'j&^^s&db^ ^^^^sSi Houfe of JJfemhly iithOBoher, 1783. 'T^HE Gommlttee of his Majefty's Coun- cil and Houfe of Jffemhly appointed to examine the Laws of this Province, which have been revifed by Isaac Deschamps and James Brenton, Efq^ having confidered and examined the fame Report, that they find them done with great Judgment and Accuracy, and that it would be right and proper to have the fame put in Force ac- cordingly. HENRY NEWTON, ALEX. BRYMER, JOHN CUNNINGHAM. THOMAS COCHRAN, JOHN GEO. PYKE. q.2lH^ ""Wl I A TABLE of the Titles of the PERPETUAL ACTS 0^ NOVA. SCOTIA, ^1'S^' Anno. j2. Geo, II. ^- A N A»y- loo. Ik AnAdlfor the Regiftring of Marriages, Births, and Deiths. 102. » . III. s. Corredion, binding out 73- : Iloufc oil 76. It Grantees, Its. and for 73. ^lalification 80. 82. the People h. 85. iving Carts, ver, within nee. 86. ment of the 87. •iages. 88. Jills ofEx. 89. rkct Houfe 90. 92. mds in the the Town- 97- in the Town 98. f the Lords lOO. )e'iths. 102. III. «752. ,1763. The Titles of the Perpetual Acts. (I!. An Aft for preventing Damages by iinfcafonable Burning or Firing of the Woods. ,o,_ IV. An Aft to prevent the .Spreading of contagious Diftcmpcrs. 104. V. An Aft to enable Creditors to receive their juft Debts out of the Effefts of ihcir abfent or abfconding Debtors. 107. VI. An Aft for the Appointment of fworn Gangers, Afcertaining ihcir Duty, granting them an Allowance and Eftabliftiing their i'CCS. 1 10. VII. An Aft for Proliibiting the Exportation of Raw Hides, Sheep, or Calfskins, out of this i'rovince, other than for ijreat Britain, and to prevent the Cutting, Splitt;ng or Flawing of Hides. 1 1 1. VIII. An Aft for the Repairing and Mending Highways, Roads, Bridges, and Streets, and for Appointing Surveyors of Highvays with- in the fcveral Townlhips within this Province. nj^ ylnrio. 2. Geo. III. I. An Aft. for Regulating Innholders, Tavcrnkecpers, an(l Retail- ers of Spiiituous Liquors. _ II. An Aft for preventing Fraudulent Dealing in Trade with In- dians. I IQ. III. An Act to prevent the Firing ofFSquibbs, Rocketts, and other F ireworks. IV An Aft for appointing Firewards, afcertalniftg their ol'tv! -and for pumfhing Thefts and Diforders at the Time of F.rc , 21 V. An Act for the better Regulating the Militia on Actual Service ni 1 imc of War. VI An Act for Regulating the Exportation of Fi/h, and the Size'oi Barrels, Staves, Hoops, Boards, and all other Kind of Lumber and for Appointing Officers to furvey the fame 127. ylmio. 3. Geo. III. U4. ^mo, 3. Geo. III. 2. Se/s. I. An Act to prevent Nuifances by Hedecs Weir^ «nH .1, *t 137- in- % I mm^ The Titles of the Perpetual Acts. III. An Act for the Relief of infolvcnt Debtors. IV. An Act to cnal)le the Inh.-ibitaiUs of the fcvcra) Townfh within this Province, to maintain their Poor. ips, 44- 1764. y^/;«(7. 4. Geo. IU. I. An Act for Amending Defects in Pic;is, Procefles, and Re- cords. 147. II. An Act for Preventing Abatement and Difcontinuance of Suits. 148. ,^65. ylnm. 5. Geo. HI. I. An Act for the Choice of Town Officers and Regulating Town. Aiips. 150. II. An Act to enable the Inhabitants of the fcvcral Townfhips (//f a/ JS/7/4///. ' Anno. •*g S F * WWg aMfl »773. I774- 1776. «777- 1778- The Titles of the Perpj tual Acts. Amto. 13. Geo. III. I. An Act to impowcr the Province Treafurer to ilTue other Notes, in Exchange for fuch Notes, as have been iflutd heretofore in Virtue of the feveral Loan Acts, made by the Gsneral Ajfe-r.ly of this Pro- vince, and are defaced and worn. 198. II. An Act for the rating and levying the Expences, attending the executing writs of Partition. 200. Anno. 14. Geo. III. I. An Act to prevent Wafte and Deftriiction of Pine or other Tim. her Trees, on certain referved and ungrantcd Lands, in this Pro- vince. 201. II. An Act for admitting Depofitlons dc bene effe of Witnefll-s, aged, infirm, and otherwife unable to travel, and of Witnefles departing from the Province. 203. III. An ^»:t for punifhing Rogues, Vagabonds, and other idle and difordcrly ^ erfons. 204. IV. An Act to impower the Supreme Court to iflue Writs of Certio- 207. r^i. Anno. 16. Geo. III. An Act for taking, examining, and ftating the public Accounts of this Province. ^° " Anno. 170 Geo. III. An Act to avoid the double Payment of Debts. 210. Anno. 18. Geo. III. I An Act for the more fpeedy fettling the Value of fuch Lands, as are 'or (hall be wanting,tocrectFortifications or other military Ufcs.2 12. II An Act to impower the Governor, Lieutenant Governor, or Commander in Chief, to appoint Sheriffs in fuch Counties, where it may be found neceffary. J-^^' III An Act for the more fpeedy Recovery of I L. Majetty s Debts within this Province. , , , • . ' III An Act to Amend, render more effectual, and reduce into one Act, "the feveral Acts made by the GcKcrul JjcMy of this Province, concerning Bail. X779. Anno. 19- ^^°- ^^^• I. An Act to prevent the fprcading of Dldempcrs among Horlcs and Cattk in this Province. II- The Titles of the Perpetual Acts. a78o. 1781. ^782. II. An Act to regulate Abufes in the fale of Hides and Skins. 219. III. An Act for providing Pounds in the feveral Townfliips in this ^'^ovlncc. 220. IV. An Act for the Eftabilfhing a public Market for the Sale of live Stock within the Town of Halifax. 220. V. An Act to impower the Juftices of the Peace in their Seffions to make Regulations for preventing the clandeftine conveying away Sheep and Lambs from the I'ownfliips i.i this Province. 222. y^/wo. 20, Geo. III. I. An Act for the more fpeedy and effectual Collecting fuch Town Rates, and T.ixes, as may be iifleffed on the Inhabitants of the Town- ihlp of Halifax. 223. II. An Act for p:ftablifliing a public Schoolin the Town of //a- lifax. 224. y^nno. 21. Geo. III. An AA to eftablifli authenticated Copies of the Records of Council as legal Evidence. y^nno. 2 2. Geo. III. I. An A(5l to reftrain Hawkers, Pedlars, and Petty Chapmen, not duly licenfed to Trade, travelling to, and fro, through the Coun- II. An AA to enable the Creditors of Government to receive In- tereft on fuch Warrants, as (hall be drawn on the Treafury, and pay- able in purfuancc of Votes and Rcfolutions of the Gnicrll J/embly, ■hkh by a Scarcity of Money the Treafiirer flinll not be able to dif- harge. „ ^ 228. w 7^ '^^ >^ <*<- 1^^ ys<- 1^y ^^fe^- IVi*- ^Sfe^* l^i? «s;<* TS»^ ABATEMENT and Difcontinuance of Suits. PLAINTIFF or Defendant Dying before final Judgment, Aftion not to abate. p^^g ,48^ If two, or more, rinintiffs or Defendants, Adion may proceed notwithftaiiding the Death of one of the Parties. 149. Dcuh of either Party, between Verdidt and Judgment. 149 . Judgment obtained by an Executor, or Adminiftrator, fucceeding" ■Executor, or Admin iftrator, may take Execution. 149. KoSuit, orProccfs, before Jufticcs of Affize, ftiaJl be difcontinued iby a new ComniiOion. ^j Abfconding Debtors. Attaching any Part of the Goods, or Eftate, of an Abfent Debtor, fhall make the whole liable to refpond a Judgment. 107. Where fuch Goods, or Effeds, ftiall not be expofed to View, Pro- cefs may be fcrved upon the Fador, or Agent who may appear firft Term, and fubmit to Examination. 108. After Procefs, converting Effects, he fhall be liable de Bonis Pro- j)ria, the Princijial intituled to a rehearing within three Years. 109. AccefTary. Receivers of Stolen Goods, knowingly, fliall be deemed Acceflaries after the Fad*:, and may be punifhed us for a Mifdemeanor, altho' the Principal h''. not Convided. ,2 The Allowance of Clergy to a Principal Offender, not to Difcharge ■or Acquit the Acceffary. , . Trial of Acceffary in one County to a Felony committed in an- (Other. __ Aftions. For recovery of Lands to be brought within Twenty Years- Within what Time other Adions fhall be Commenced. 66. 67. Aaion of Trefpafs, quare daufum fregit. Defendant may dif- claim. 68. Of Trefpafs and Affault, no more Cofls than Damages. Plaintiff or Defendant under Difability at the Time of Adioa Accruing. ^ ^ (5^_ Adminiftration. Upon Eftates of Inteflates, the Form of Granting Ajrrcements. Ag'eements and Contrads, what fhall be binding. Penalties on Ditto how difchar"-ed. 23- 5». 183. Ac- ■tUfif^mr' I " I »i 11^ NOVA SCOTIA Acts. Accounts. The manner of Examining, and Stating, the Public Accounts. 208. Anonimous Letters. .Writing them to demand Money, made Felony, without Clergy. 33. Apprentices. 'Poor Children to he bound by the Overfeers of the Poor with the Confent of two Juftices. 75, 172. 33- Arbitration. The manner of determining Differences by Arbitration. Arfon. What Burning fhall be deemed Felony. Afleffors. To raife Money to Maintain the Poor, 144. For raifing Money by Frefentment for defraying County Charges. 154. For Repairs and Expences of the Church. 7. 8. Attornment. Of Tenants on Lands levied by Execution, how to be made. 45' Appraifcmcnt. How to be made of real EAates. Adultery. The Commiffion of, how punifliable. May be a caufe of Divorce. 43- 50, 49. Bail. v-'ommiflioners to take Bail in the Country, how to be appointed. 1 79. Cognizors of Bail may (udify themfelves by Affidavit before the Commiffioners. To perfonatc Bail made Felony. Bakers. The fevcral regulations relating to them. Baflard Children. The Support of them, how provided for. 180. 38. 60. sr Bar- counts. 2o3. NOVA SCOTIA Acts. Barrells. .ThefizcofBarrells» Hoops, Staves, and Boards, regulated. 127. Bills of Exchange. The manner of afccrt.itning Damages upon Foreign and Inland Bills, Like remedy given to Promifory Notes as on Bills of Exchange. 173.' Births. To be Regiftrcd by Town Clerk. ,^2 Perfons negledting fubjedt to a Penalty of 5I. ,0^* The Town Clerk to apply to the Minifters for a Lift of Births," Deaths, and Marriages, fuch Regiftry to be fufficient Evidence. 103. Bifcuit. Frauds in fellingBifcuit,^lour. andShipBread,providcdag3inft. 134. Boards. Vide Barrells. Bread. The Afllze of Bread regulated from Time to Time by tJ^e Tuftices in a General or Special SeJ/ions. 6 ' Clerks of the Market to Examine all Bread, made for Sale, and to feize all under Weight. V ^ 62. Bridges. To be repaired by Statute Labour. Abfent Proprietors to pay their Proportions of the Charges of Re" pairmg Bridges, &c. S ' or n.c Grand Juries of th^ Court o{ ^ffi.e, or General Seffions, may m^fki Prefentment of fuch Sums, that may be nccelTary for Building or Re. pan-mg Bridges, In Default, the Judges to Amerce the Counly. 158. Bonds. The Penalties and Forfeitures on Bonds, how to be difcharged. 183. Butchers. Frauds by Butchers, how punifliable. ^^Butchers, cutting, or Flawing of Hides, fubjodt to a Penalty Purchafing any live Stock, other than at the Market Place in Hat fax, or within ten Miles thereof, to be deemed Foreftallcrs. afo. Blafphcmy. fliafphemers to be fctt in the Pillory for one Flour. 55- Boun- NOVA SCOTIA Acts. Boundary Lines. 4 Original Boundary Lines, betwixt Townfliip and Townfiiip, to be renewed once in three Years. i8o. 18 1. Proprietors of Lands, lying in Common, Ihall run their Lines once jn two Years. 181. Bcggery. Felony without Clergy. 30. Burglary. Entering any Dwelling Houfe, Shop, or Warehoufe, or any Veflel, within the County, with intent to commit a Felony, whether exe- cuted or not, excluded Clergy. 31. Calf Skins. TheExportation of them prohibited, other than to Great Britain. 1 1 \. Cape Breton. His Majefty's Dues, how recoverable there. 162. Carriages. The Rates and Prices regulated. 88. Diforderly Driving Carriages, punifliablc by Fine. 86. Cattle. Cattle to be branded, and the Marks entered with the Town Clerk. 182. Church of England. The Litufgy of the Church of Engla.id to be deemed the fixed Form of Worftiip. 7. County Charges. How to be defrayed. 153. 154. Charges of conveying Malefaftors to Goal, to be paid by the Of- fender, if the Offender is not able, to be paid by the County Trea- furcr. 1 85* Courts. The Times and Places of holding the fame, regulated. 167- Any two of the Judges of the .9w/)nv/;c Co«/7, fufficient to hold the fame. Sitting of the Supreme Conn at Htr-''"x, limited to Fourteen Days. i^''- In the Country to five Days. ibid. Crimi- Britain, iii. :d the fixed 55. NOVA SCOTIA Acts. Criminal Offenders. Who and how puniftiable. Challenge of Jurors. A Prifoner intituled to Clergy, challenging peremptorily above Twenty Jurors, Aich Challenge fhall be over ruled, and the Prifoner be put upon his Trial, as if no fuch Challenge had been made. 35. Church Wardens. Church Wardens and Paridioners to choofe, twelve Veftry Men, including the Minifter. g' To be chofen annually on Michaelmas Day. g. To colleft the Rates and Taxes, and may be fued by the Minifter. 8. Clerks of the Market. Impowered ex Officio to feize all blown or bad Flefla or Fi/h. 48, To keep the Standard of Weights and Meafures, and to infpeft thofe of People felling once in three Months, alfo to infpedt Beams and Scales. g To vifit Bake Houfes, and the Houfcs of People felling Bread, and to feize all Bread under Weight. 51. 62. Commons. The Commons belonging to the fcveral Town/hips regulated. 191. Regulating the Common of the Town/hip of Lunenburg. gy. Cullers of Fifli. Manner of appointing them and their Duty. 120. Crown Lands. Any Perfons poflefling thcmfelves of, or occupying ungranted Lands, without Licenfe from the Governor, to forfeit 50/. /&/^ Certiorari. Supreme Court impowered to ifTue Writs of Certiorari. 207: Commiffioners of Sewers. The Manner of their Appointment, and their Duty. 92. Deaths. To be regiftercd with the Town Clerk. Debts. Lands and Tenements fubject to the Payment of Debts. In what Manner Execution may be extended upon them. " How when the Eftate is infufficicnt. 102. 4J. 46. 47- Dif- ?'^^K S3^SsSSfe I ' |l i li! NOVA SCOTIA Acts. Difcontinuancc. Vide, Abatement of Suits. Diftempers, contagious. Veflcls coming into Port to perform Quarentine, two Miles below the Town. 104. The Mafter to give Security for Payment of all Charges, under Penalty of lool. 104. Rules to be obferved by Perfons, who ftiall Innoculate them- felvcs or Families. 106. Juftices to make Regulations for preventing the Going at Large of infeftcd Horfes or Cattle. a 18. Dinni Houfes. None to be creftcd within one Q^iartcr of a Mile of the Lines or Pickets of the Town of Halifax. 6. Divorce. Matters of Divorce to be heard and determined by the Governor and his Majefty's Council. 48. What fhall b. Caufes of Divorce. 49. Dykes. Building and repairing Dykes, to be under the Direflion of Com- miflioners of Sewers. 92. In Cafe of fudden Breaches in any Dykes, Owners to repair imme- diately to the Place, upon Notice of any one or more Commiflioners, un- der Penalty of 5I. per Day for every Ncglcft, over and above their Aflcffmcnt, Sods cut off the Land of a Proprietor to repair Dykes, or waflied away by the Tide, to be made good by an AlTeflment. g6. Cutting or breaking down any Dykes malicioufly, madeFelony with- out Clergy. 165. Dower. The Manner of fpeedy and convenient Aflignnicnt thereof. i8o. The 'I'itle of Purchafers more effedually fecured by the Examina- tion of the Wife before one of the Jullices of Peace. 196. Widows Dower after her Death to be divided as other real Eftatc. 25. Deeds. Regiftry of, to be at full Length, upon the Proof of one credible ifubfcribing Witnefs. 3- Executed In Great Britain or Ireland, or diftant from the Province, may be regiftred upon the Acknowledgment of the abfcnt Grantor, or Oath of an abfent Witnefs duly authenticated. Regifter of D^cds may appoint Deputies in the fevcral Counties, to regiller Deeds in the County where tlie Lands lie. Ex. Miles below 104. rges, under 104. ulate them- 106. ; at Large of 218. he Lines or 6. :he Governor 48. 49- ion ofCom- 92- repair imme- liflioners, iin- i above their lir Dykes, or nent. c)6. Felony with- 165. cof. 1 80. he Examina- 196. :alEftatc. 25. f one credible the Province, cnt Grantor, :ral Counties, Ex. NOVA SCOTIA Acts. Extrafts of fuch Deeds to be tranfmitted to the Rcgifters Office at Halifax, once in three Months, except to the Northward of the Pen- infula of Novc Scotia, v^hich are to be returned once in Six Months. 4. Deputies failing to forfeit 5/. c, Dcfcrtcrs. Pcrfons enticing Seamen or Marines to defcrt, forfeit 20/. i Juf. tice may grant Warrant to fearch for Defcrters. 27. I'enalty for Ihcltring Defcrters. ' ^gg] Devife. No Devife in Writing to be revocable, but by fome othe. Will or Codicil in writing, figned in the prefcncc of Three or more Wit, Jicffes. 20. Dilatory PJeas. No Dilatory plea to be received, unlefs the Truth verified by Affi- davit, or fome probable Matter fhewn to induce a belief that the Faift •Hedged is true. Diflcnters. Proteftmt Di/Tenters to have free Liberty of Confcience. 7 Contracts made between them and their Minifters to be valid 7 Excufed from Rates and Taxes, levied for Support of the Church of England. 7- Dlftrefp for Rent. Goods dcftraincd for Rent may be appraifcd and fold, unlcfs re- |)levied within five Days. Corn and I lay, loofe, or in Straw, fubjcft to Diftrefs lyf No Goods or Chatties extended upon Execution to be removed ^ffthe Prem.fcs, unlcis the Party pay to tha Landlord the Rent Cattle or Stock feedirtg on a Common may be deftrained. . ,'78.' Debts, (double Payment of) No Tradefman allowed to give his Shop Book in Evidence, if the Debt flull be above two Years ftanding. ^lo Depofitions, de bette eJJ'e. The Depofitions of infirm, aged Witnefles, or of fuch. who ire obliged to leave the Provmce. may be taken before one Judge of ^e If Witnen-es /h..ll at the Time of Trial of the Caufe be in the vZ vince, or able to travel, they muft give their Te.limony ./.. ..,, .^^ Error, I w I NOVA SCOTIA Acts. Error. Aftions whofe Judgments have been reverfcd by Error may be com- menccd de novo within one Year. 07. Executors. Their Duty ^^^ Not to be charged upon the fpccial Promife of another Perfon to anfwer out of their own Eftate. 5°' Refiduary Legatee may bring his Aftion of Account againft Exe- tutors or Adminiftrators. 23. Where a Judgment has been obtained in the Name of an Executor or Adminiftrator, Adminiftration ,le bonis non may be granted. 149- Executions. ^ No Execution fhall bind the Property of Goods, but from the Time that it is delivered to the Sheriff, who fhall indorfe thereon the Time of receiving it. 53' Felonies, (and Trcafons.) Their Dcfcription and Punifhment. 29 1038. UnneceOary Firing off Guns in the Town and Suburbs of Halifax^ puniftiable by Fine. ,. 1 r ^' Firing off Squibbs, Rocketts, &c. or makmg or vending the fame, adjudged a Nuifancc ; the Offender fubject to a Fine of 40I. 69. No Bonfires to be within three Hundred Yards of any Building, &c. under the above Penalty. . • t^'!°' The Manner of appointing Firewards, and afcertaininp their Duty, and Thefts and Diforders at Fires, punifhablc. to 1 24. Fifli. The Exportation of Fifh, how regulated. Fiflimonrrers. Vide, Title Butchers. 127 »34- Flour. Flour, Bifcuit, &c. to be fold by Weight only. Forcibly Entry. The Manner of Proceeding therein. ^ 5 • Frauds and Perjuries. «^ -^ ' Leafes by Livery and feizen only, or by Parol, to have the Effect of Eftates at Will only. ^^ I: lay be com- 67. 22. r Perfon to 50. igainft Exe- 2 3- in Executor ted. 149. ut from the thcrcou the 53- 29 tojS. 5 of Halifax, 69. ng the fame, d1. 69. (uildiiig, &c. 120. r their Duty, ,'. . to 1 24. 127 NOVA SCOTIA Act«. No Leafes airignable, but by Deed or Note in Writing. 50 No Perfon /lull be chargeable with the Debt of another, that is noi to be performed within a Year, unlefs upon fome Agreement in Writing. ° Contr,,as for the Sale of Goods above ,0/. not Good, unJeft th. Buyer accept Part or give Earncft, &c. jj Sheriffs may levy Execution on Lands given in Trnft. Id' AHetts by Defcent. i. ,j Eftates/cr y/w^r tvV dcvifeablc by Will. -f 1 mu ^ThcFirftJudt-e, on tJic 13ench, £0 f,gn every Judgment without "* Id. Foreftallers, (and Regrators.) Who fliall be deemed a Foreftaller. and how punilhable. ,62 . Falfc Tokens. Tew'f "'/^'"f'' T^ ^"''^'"""-^ ^'^"'"S '"'^ ^^^'^ "'»"ds. Money, i ' ^; ^y ^^ems of any privy falfe Token, to be punifhed by 1 illory and Impnfonmont. .« 5o- 5>' Vide, Trefpafles. Fences. Forgery. Upon Convft^n of Forgery, either at Supreme Conrt or Se]fm^ of the Peace, the Offender to be fet in the Pillory, (hall have one of his Ear8 cut off, and fuffer one Years Imprifonment. ^7. French Inhabitants. No Aaion to be retained for the Recovery of any Lands, by Vir- titanJr' r" f''!.' \*"' °^ ''^'*™ °^"^"y ^-'"^ French Inha. titants, or derived under them. IS* 134. 5- ve the Effect No Gaming. Public Gaming at Cards, &c. and all publick Lotteries and pubJick Oammg Tables, (hall be adjudged Nuifances. g. Perfons lofmg more than 20I. within 24 Hours, may, within on. Month, fue tor, and recover the Money fo loft g Parents and Guardians of Minors may recover Money won from tneni at Play.-. .. / .» Money fraudulently won, the Offender to reftore five fold, any two Juftices may remove Gaming Tables. g " Gaugefs. !5p— 1 1.' hi H NOVA SCOTIA Acts. Gaugcrs. The Form of their Appointment and Duty. i lo. Guardians. Father may difpofcofthcCiuardianfhipof his Child, cither by Deed or Will to any I'trfon being a Piotcftant. 70. The Governor may difpofc of the Cuftody of Children of Perfnns dying not Protcftants. 70- Atwhat Age aMinormay choofe hisGunrdiaii.to be approved by the Governor. 71. Under the Age of Fourteen, the Governor fo appoint Guardians. 71. Not to extend to Difchargc any Apprentice. Goats. Going at Large, Vid. Trcfpafll-s. Hides. ±ht Exportation of rawHides prohibited, other than to Great Brilaiu on Penalty of Forfeiture. in. Highways, (Roads, Bridges, &c.) How to be repaired and mended. 1 12. New Highways and Roads to be laidout by a Jury, and not to be Icfs than 100 Feet wide. 114. Private Roads to be laid out by the Surveyors of Highways, iif* No Pcrfon to alter or encroach on any Road under Penalty of 5/. 1 15. Any Jufticc may on his own Veiw impofe a Fine of 20s. on Perfons Incumbering the Roads or Streets, 116. Hoops. See Exportation of Fifh. Horfcs, (diforderly riding.) No Perfon to ride on full Speed on Horftback in any 1 own under Penalty of los. ^6. Owners of Sleds and Slays to fix Bells on their Horfcs. 86, Maiming or Wounding Horfes, the party aggrieved may recover treble Damages. '^"l- Infeded Horfes, &c, going at Largo, the Juilices in their Scflions to make Regulations concerning the fame. 2 1^. Houfe of Corrc(ftion. How eftablifhcd and maintained. 73" Hay, (Weighe.'s of) See Town Officers. '50. Hogre- s. no. her by Deed 70. 1 of Pcrfnns 70- rovcd by the 7«. lardiatis. 71. jrcat Brilaia III. 112. lOt to be Icfs 114. ways. 115' yoi ^l. 115. on Pcrfons 116. fown under 86. 86. iiav recover 184. leir Seflions 2 1^. Fiogre- NOVA SCOTIA Acts. Hogreavc's. Sec Town Officers. Sec Arfon. Houfe Burning. Jeofails. Af^cr Iflue joined. Judgment fhall be given, notwithftanding any Mifpleaaiiur. a liiQ Attornics for Plaintiff to file their Warrant the fame Term they declare for the Defendant the Term he appears, under Penalty of 5/, After Vcrdia Judgment thereon, fhall not be flayed or reverfed foi any DefeftorForm in any Writ, Declaration, &c. or for any impcr- iti\ Return. '^ What Jeofails in Suits at Law fhall be prevented and reformed.^ 150/ Judges fhall give Judgment on Demurrer, &c. without regardine any Defeds in Writs or Procefs. \ , r^ Inccft. To be punlfhing by Pillory and a Penalty of 50/. 49. Indians. Wronged or cheated in their Furs, &c. or in anv of their Trad* or dealmgs, the Governor to dircdt the Attorney General to profccute in a Summary Way. ' ' up. Innholdcrs. No Debts fur Wine, &c. fold to any Soldier, Sailor, or Servant for above :s. to be recoverable by any Innholder, Tavernkeep,.r,'&c. 117 Pledges for Dehts above .s. may be reflored by a Juftice, no Inn. holder, >kc. to fufFcr any Apprentices. Servant, or Negro, to fit drin- kmg ,n their Houfes without Special Licence under Penalty of 20s. 1 1 7. Inteftatcs, (the Eftatcs of) How to be diftributed. 23. Juries. Grand and Petit Juries regulated, and their Qualifications declared. ^ Idiots. Idiots and Lunatics to be taken Care of by the Keeper of the Poor lloufe. 75- Indidments. Indiftment, Procefs, &c. for any Felonies or MifJcme.-inors, flial be accordmg to the Ufagc and Pr.i<5ticc of England. joi Ingrof- NOVA SCOTIA A c t s. Ingroffi ini t m Live Stock, Dead Meat, &c, not be forfeiting the Value. in groffcd under Penalty of Infokent Debtors. Infolvent Debtors, whofe Debts do not exceed lool, releived by Petition to the Court from whence Proccfs imied, and rendering an Account, upon Oath, of ail their real and perfonal Eftate. 138 How the Creditors are to proceed on this Occafion. ,40' The Petition of the Debtor to be exhibited within joDays after the firft Meeting of the Court, or within 14 Days after being charRed m Execution before two Jullices. j , j Infolvent Eftates. Where perfonal Aflbtts are infufficient for the Payment of Debts and Legacies, Executor or Adminiftrator may make application to the Governor and Council for Sale of the real Hilate. 2r. Intereft of Money. Six per Cent Intereft, and 10 per Cent Damages, allowed on For- eign Pr tefted Bills of Exchange, and 6 p. Cent Intereft, and 5/. per Cent Damages, on Bills drawn on Perfons in America. 89. All inland Bills fubjed to 6 per Cent Intereft, from the Day of Proteft. ^g What rtiall be legal Intereft upon Bonds and Contrads. 192. It fhall be lawful for Perfons to agree for the Loan »ftd hire of Cows, Horfes, Grain, &c. ,„^ Keeper of the Houfe of Correaion. May fet Offenders committed to his Ciiftody to Work and Labour, and may punifli by Fetters, Shackles, and moderate Whipping. 74! To be paid for Materials and Neccfiaries out of the Surplus of the Earnings of Labour. ., , Lands. Titles fo Lands confirmed and poflefTions quieted. j. Lands and Tenements made liable to the Payment of Debts. 47. Lands formerly occupied by the French Inhabitants, the poflefllon quieted and confirmed to Proteftant Grantees. ^g^ Lands, within the Peninf.ia of Halifax, not improved for 7 Years, may be regranted, upon inqueft of Office returned. 96.97. Perfons interefted may Traverfe within 12 Months. q-. Regiftry of Lands, within the Peninfiila of //:?//Trt.v, to create a full and abfolute Eft;itc in fee fimple. gy. Pro- dcf Ponalty of . releived by rendering an te. 138. 140. JO Days after being charged 14-i. 143- lent of Debts application to 25- owed on For- ., and 5/. per 89. 1 the Day of 89. '• '92.. I »ftd hire of ^93.- and Labour, dipping. ;4, urplus of the 75- Debts. 43. the pofTefllon 78. for 7 Years, 96.97. 97- create a full 97- Pro- NOVA SCOTIA Acts. Proprietors of Lands, enabled to Aflefs and difcharge Expences,' which may accrue upon dividing their LanJs. 1,7. Abfent Proprietors obliged to pay the!" proportion of Town and County Charges. Perfons trefpafllng upon Crown Lands fubjeft to a penalty °^f^. , 166. 1 artition of Lands in coparcenary, jointenancy, and tenancy, in com. mon, how to be made. ,gq Expences of executing the Writ. 200* ^ Lands wanted for Fortifications, or other Military ufes, how the Value of them is to be afcertained and fettled. 212. Laws. (Publication of) Notice given in the Publick Gazette at HaHfax, or affixed upon the Church Door, fhall be deemed a Publication. 63. Legacies. i Legacies, certain or redduary, may be recoverable at Common ^''^^ . 22. Lighthoufe. The Duties payable for maintaining the fame, how regulated and payable. _ ^^^ Limitation of Suits. The different kind of Adions, the Term of theirLimitation. 66 to 69. Limitation of Adlions. Real Adions, to be brought within Twenty Years, Adions on the Cafe, for Account of Trefpafs, Debt, Detinue, Replevin, and quare claufum /regit, to be commenced wichin Six Years after caufe of Adtion accruing. 66. Adions of Trefpafs, of Aflault, Batter)', Wounding, or Imprlfon- ment, within one Year. gg, Adions for Slander within Six Months. 68. Minors, Feme, Coverts, &c. to bring Adions af'er their difabili- ties are removed. Ibid. Adions may be brought againft Perfons beyond Seas after their return. ^^ Leafes. See Frauds and Perjuries. Libel. Perfons above the Age of 14, convided of making or publilhing a Lye, Libel, or f;andalous Report, tending to Defamation or Da- mage, or fprcading any falfe News, to be punifhed at the difcretion of the Court, and the party grieved may have his Adion for Damages. 59. Live Stock. All kinds of Live Stock imported, to be brought to fome Public Wharf, and openly cxpofed to Sale for 48 Hours, Public Notice being given by the Public Cryer. jq. A Public Market for the Sale of Live Stock eftabliflied and regu- lated. ^,^_ ^ Lumber. NOVA SCOTIA Acts. Lumber. How to be furveyed and mcafured before Sale or Exportation, , '30- 13'- Lunenburg. See Commons. Leather. Leather to be veiwed and marked by the Surveyor before exnofed to Sale, on Forfeiture of 20/. for every Ox Hide, Bull, &c. and 5/. foT •every Calf Skin. ,§- Lords Day. The Marnier of obferving and keeping the Lords Day, how direaed. ,^_ Market. A Public Market, at the Market Houfe in Halifax, eftabliflied and re- gulated, ^o Juftices in their Sefllons to have full Power to make bye Laws for governing, ruling, and ordering the Market. 221. All Fines and Forfeitures, arifing by virtue of Market regulations, to be applied towards repairs of the Market Floiife. Ibid. Public Market, for the Sale of Live Stock, eftabliflied. 220. Marines. See Deferters. Marriages. Not to be folemnlzed without Licence, or Notice being given irt fome Congregation, onSundays or holy Days, under Penalty of 50/. 48. Matters relating to prohibited Marriages, to be determined by the Governor and Council. ^n. Marriages within the Degrees of Confanguinity, prohibited by the ibid. 102. Statute of 32. Hen. 8. declared void Marriages to be regiftred by the Town Clerk. Meafurcs and Weights. How to be afcertained. Militia. The Manner of eftabllfhing and regulstiiig the Militia. Militia on aftual Service in Time of War. 59' II. 124. Minors. HowtheCuftody of Children fliall be difpofcd of, and the Manner 65 to (q. in which Minors maychoofc their Guardians. The Rights of Minors faved. Mifplcadinp;. See Abatement and Difcontinuancc of Suits. Mahcm. Made Fcbnv without Clergy. 4. 6. 47. 6j. Manf- ^^ .^mtmtm mm ■MM Exportation., '3°- 13'- fore expofed :c. and 5/. for 187. s Day, how 100. liflied and re- 90. ye Laws for 221. regulations. Ibid. 22a. ing given lA Ity of 50/. 48. lined by the 49- ibited bv the Ibid. 102. 59' II. 124. the Manner 65 to (>7. 4.6.47. 67. 50 NOVA SCOTIA Acts, Manflaughter. The different kinds of. Minifters. See Church of England. Murder. Felony without Clergy. Mills. Grift and Bolting Mills, the Tolls to be taken at them. Majefty, (his Debts.) Where the Colleaors of Import and Excife give Credit for Paynrent •of Duties, they fhrll take Recognizances in the Name of the Kinp with a Warrant of Confeflion annexed. 21^! Such Recognizance to be put in Suit by the Treafurer, in Cafe of Non Payment. . ' 215. Aftion may be entered in the V.ication before the Chief Juftice, or any other Judge of the Supreme Court, who may inftantly order Judg ' ment and Execution as of the laft Term. 216 29. 194. Manf- Notes Promifory. May be afllgncd or indorfed, and Adtion maintained thereon, as on In- 'land Bills of Exchange. j . Nuifances. By Hedges, Weirs, .ind other Incumbrances in Rivers, regulations for preventing the fame, by the Juftices in their firft Quarter Seffions, annually. ^ Pcrfons tranfgrefling, to forfeit 10/. ^bid.* Nuifances in Roads and Highways, puni/hablc upon view of one Jul- "tice, by Fine, not exceeding 20/. ||jjj Nuncupative Will. Not to he good where it exceeds the Value of 30/. unlefs proved by three Witneflcs, and made in the laft Sicknefs of the deceafcd. 20. Not to be proved after fix Months. jjjjj* No Letters Teftamentary of fuch Will to be granted until 14 Days at Icaft after the Death of the Tcftator. j j Orphans, NOVA SCOTIA Acts. T Orpl lians. he Children maintained and fupporteil in the Orphan Houfe at the Expence of the Crown, to remain, and be iindsr the Diredion of the Governor, and to be bound out in fuch manner as he fhall order and diredl. 76. The Diredtions relating to the binding out Poor Children and Or- phans, contained in the 33. Geo. 11, Ch. n. fhall extend to all other Towns in the Province. Overfeers of the Poor. Their Duty refpedting Poor Children. 7^, To:ake the diredtion of fick and weak Perfons In the Poor Houfe. 76. To remove Vagrant Poor to their Place of legal Settlement. 190. To fell the Lands of a Perfon forfaking a Wife or Children and leaving them a burthen on the Public. igi. Overfeers of the Poor to take up m id or dangerous Perfons, and fafely keep them in fomc fccure place in the County. 206. Officers. The manner of choofing Town Officers and their Duty. 150 to 153. Pafies. "erfons intending to le.ave the Province, to put up their Names at the Secretary's Office, feven Days before. S^. Perfons underwriting to File ati Affidavit of his Debt, for which Sum fecurity is to be taken and delivered to the Creditor. Ibid. How pafles may be granted at the Out- Ports. Ibid. Mafters of Veflels carrying away Pei-fons without a Pafs, fubjedt to a. Penalty of 50/. and Damages. 65. See P'rauds. Perjuries. <"f* Polygamy. Any Perfon being married, do marry agiin, the former Hufband or Wife being a live, fuch Offence to be Pclony. 4.0, Popery. A Papift not to have the Guardianlhlp of Minors. A Popilh Recufant fetting up a Shop to forfeit 10/. Poor. 164. Poor Children to be bound Apprentices by the Overfeers of the Poor. ys. Inhabitants to Vote, Aflcfs, and collcfc Money for fupport of the Poor. 144, Upon their neglect the SeiTioiis may Amerce the Townfliip. 147. "What 5. Houfe at the redion of the ill order and 76. Iren and Or- d to all other )r Houfe. 76. ment. 190. !^hildren and 191. erfons, and 206. 150 to 153. • Names at :, for which Ibid. Ibid. fs, fubjetfl to 65. er Hufband 49. 70. 164. feers of the iport of the 144. iil»ip. 147. What NOVA SCOTIA Acts. Proprietors of Lands, enabled to Aflefs and difcharge Expences" which may accrue upon dividing their Lands. , .-'' Abfent Proprietors obliged to pay the.r proportion of Town and County Charges. ^^Perfons trefpaffing upon Crown Lands fubjeft to a penljty * f C Partition of Lands in coparcenary, jointenancy. and tenancy, in com' mon, how to be made. ^ ' Expences of executing the Writ. 2^* Lands wanted for Fortifications, or other Military ufes, how the V alue of them is to be afcertained and fettled. j ^^ Laws. (Publication of) Notice given in the Publick Gazette at Halifax, or affixed upon the Church Door, fhall be deemed a Publication. g, Legacies. ^^Legacies, certain or refuluary, may be recoverable at Common 22, Lighthoufe. a'^bk^"''" P'^'^^'^ ^°' maintaining the fame, how regulated and Limitation of Suits. The different kind of Adtions.theTerm of theirLimitation. Ge to 69, Limitation of Adions. Real Aaions, to be brought within Twenty Years, Aaions on the Cafe, for Accou.it of Trefpafs, Debt, Detinue, Keplevin, and quare claufum fre^it, to be commenced within Six rears after caufe of Adtion accruing. 55 Adtions of Trefpafs, ofAffault, Battery, Wounding, or Imprifon- ment, within one Year. 66 Aftions for Slander within Six Months. gs! Minors, Feme, Coverts, &c. to bring Adions after their difabilii ties are removed. ,. .. a a- . . ^■''d. Actions may be brought againft Pcrfons beyond Seas after their return. 09. Leafes. See Frauds and Perjuries. Libel. Perfons above the Age of .4, conviAed of making or publifhing a X.ye, i..bcl, or fcandaious Report, tending to Defamation or Da- mage, or fpread.ng any falfe News, to be punifted at the difcretion of the Lourt, and the party grieved may have his Adion for Damages. 5<). Live Stock. All kindsofLive Stock imported, to be brought to fome Public Wh.-irf, and openly expofed to Sale for 48 Hours, Public Notice being given by the Public Cryer. ^^ A^ Public Market for the Sale of Live Stock e.lahlinied and regu- 220. Lumber. NOVA SCOTIA Acts. ir •■» Lumber. How to be furveyed and meafured before Sale or Exportation. 130. 131. Lunenburg. See Commons. Leather. Leather to be veiwed and marked by the Surveyor before expofed to Sale, on Forfeiture of 20/. for every Ox Hide, Bull, Sec. and 5/. for «very Calf Skin. 187. Lords Day. The Manner of obferving and keeping the Lords Day, hov/ direfted. 100. Market. A Public Market, at the Market Houfe in IluHfax, eftabliflied and re- gulated. 90. Juftices in their Seflions to have full Power to make bye Laws for governing, ruling, and ordering the Market. 221. All Fines and Forfeitures, arifmg by virtue of Market regulations, to be applied towards repairs of the Market Houfe. Ibid. Public Market, for the Sale of Live Stock, cftablifhed. 220. Marines. See Deferters. Marriages. Not to be folemnized without Licence, or Notice being given in fomcCongregation, onSundays or holy Days, under Penalty of 50/. 48. Matters relating to prohibited Marriages, to be determined by the Governor and Cou.icil. 49. Marriages within the Degrees of Confanguinity, prohibited bv the - Ibid. 102. Statute of 32. Hen. 8. declared void Marriages to be regiftred by the Town Clerk. Meafures end Weights. How to be afcertained. Militia. The Manner of cftablifhing and regulating the Militia. Militia on aftual Service in Time of War. 59- II. 124. Minors. How the Cuftody of Children fliall be difpofed of, and the Manner in which Minors may chnofe their Guardians. 65 to (17. The Rights of Minors faved. 4- 6. 47- ^7* Mifplcading. Sec Abatement and Difcontiiuiancc of .Suits. Mahcm. Made Felony without Clergv. Manf- Exportation, 130. 131. fore expofed :c, and 5/. for 187. s Day, how 100. liflied and re- 90. lye Laws for 221. : regulations. Ibid. 220. NOVA SCOTIA Acts. sing given in ilty of 50/. 48. mined by the 49. liblted bv the Ibid. 102. 59' . 11. 124. d the Manner C^5 to (>7. 4.6. 47. 67. Manflaughter. The different kinds of. See Church of England. 20 Minifters. 29. 194. Murder. Felony without Clergy. Mills. Grift and Bolting Mills, the Tolls to be taken at them. Majcfty, (his Debts.) Where the Colledors of Import and Excife give Credit for Paynxcnt of Duties, they fhall take Recognizances in the Name of the King, with a Warrant of Confcffion annexed. 215. Such Recognizance to be put in Suit by the Treafurer, in Cafe of Non Payment. 2ir. Aftion may be entered in the Vacation before the Chief Juftice, or any other Judge of the Supreme Court, who may inftantly order Judg ment and Execution as of the hift Term. 216. Manf- Notes Promifory. JVlay be afligned or indorfed, and Adtion maintained thereon, as on In- land Bills of Exchange. i*:^, Nuifancc's. By Hedges, Weirs, and other Incumbrances in Rivers, regulations for preventing the fame, by the Juftices in their firft Quarter SefTions, annually. i7(5_ Pcrfohs tranfgrefling, to forfeit 10/. Ibid. Nuifanccs in Roads and Highways, punifKable upon view of one Jul- tice, by Fine, not exceeding 20/. Ibid. Nuncupative Will. Not to be good where it exceeds the Value of 30/. unlefs rroved by three Witnefles, and made in the laft Sicknefs of the dcceafe'd. 20. Not to be proved afcer fix Months. Ibid. No Letters Tcftamentary of fuch Will to be granted until 14 Days at leaft after the Denth of the Teftator. ar. Orphans. NOVA SCOTIA Acts. J J, Orphans. The Children maintained and fupported in the Orphan Houfc at the Expence of the Crown, to remain, and be under the DIreflion of the Governor, and to be bound out in fuch manner as he fhall order and direft. 76. The Diredlions relating to the binding out Poor Children and Or- phans, contained in the 33. Geo. 1 1. Ch. n. fhall extend to all other Towns in the Province. Overfeers of the Poor. Their Duty refpe<5ling Poor Children. 7/-. Torake the dircftion of fick and weak. Perfons in the Poor Houfe. 76. To remove Vagrant Poor to their Place of legal Settlement. 190. To fell the Lands of a Perfon fcrfaking a Wife or Children and leaving them a burthen on the Public. igi. Overfeers of the Poor to take up m.id or dangerous Perfons, and fafely keep them in fomc fecure place in the County. 206. Officers. The manner of choofing Town Officers and their Duty. 150 to 153. PafTes. rerfons intending to leave the Province, to put up their Names at the Secretary's Office, feven Days before. (5^, Perions underwriting to File an Affidavit of his Debt, for which Sum fecurity is to be taken and delivered to the Creditor. Ibid. How pafl*es may be granted at the Out-Ports. Ibid. Mafters of Veflels carrying away Perfons without a Pafs, fubjcdt to a Penalty of 50/. and Damages. 65. Perjuries. See Frauds. Polygamy. Any Perfon being married, do marry again, the former Ilufband or Wife being a live, fuch Offence to be Felony. 45. Popery. A Papift not to have the Guardianlhip of Minors. A Popifh Recufant fetting up a Shop to forfeit 10/. Poor. 70. 164. Poor Children to be bound Apprentices by the Overfeers of the Poor. 75. Inhabitants to Vote, A fiefs, and collct'l Money for fupport of the Poor. 144. Upon their ncgicd the Scffions may Amerce the Townfhip. 147. What s. I Houfe at the ireflion of the lall order and dren and Gr- id to all other lor Houfe. 76. :ment. 190. Children and 191. 'crfons, and 206. • 150 to 153. r Names at t, for which Ibid. Ibid. ifs, fubjcdt to 65. ler riufband 49' 70. 164. ■feers of the IS- pport of the 144. nfhip. 147. What NOVA SCOTIA Acts. What n\:ill l)c a legal Settlement of a Poor Perfon. 190. Overfecrs of the Pooi to remove Pcrfons to the Townfhip where they bclon;:; 1 old, blind, laiiK-, and impotent Perfons, to he relieved by their Paivnts or Child;cn, or tj be fupported from their Eftates, 191. Townfliips, or Pcrfons aggrieved, may appeal to the SelTions. 191. Pleas. Defcds in Pleas, Proccfl*es, and Records, how amendable. 147. PariOi of St. Paul's. To comprehend all the Lands lying in the Townfliip of //r/Zr/rtY, dining fuch 'lime as the Towndiip (hall confift of one Parifli only. 8. Pofthiimous Children. A roflliumous Child fhall have Right and Intcrcfl in the Eftate of the E.itlicr in lilic manner as if he hail died Intcllate. 72. Pounds. The m.iruijr of providing them in the feveral Town/hips. 220.' Penalties (on Bonds.) Penalties and Forfeitures on Bonds and Contradls to be reduced to. thcjuft Debts, with coils and damages. 183,. Partition.. See I-ands. Quakers. P A crmitteJ to make an Affirmation inftcid ot an Oath. 85. See Coints. See Lands. Quarter Cefiions. Qiiicting Pofleflions. Qiiit Rents. His Majefties Qiiit Rents to be recoverable out of every fhare of Lands allotted under Writs of Partition 171. Records of Council. 1 he Tranfcript or Copy of any Vote or proceedings of His Majefty's Council, relating to Titles to Lands, to be admitted as Evidence. 225. Regrators, Sec Forcftallers. Riv^ers, i See Nuifances See Highways. NOVA SCOTIA Acts. Rivers, (the Paflligc of) • Roads, Rape. Felony without Clergy. ^^ ^ An Affault, with intent to Ravifh puniftiable by Pillory. -i. Rates. Parifli Rates for payment of Church Expenccs, how to be AfTeflcd. 8. For fupport of the Poor, the manner of voting and laifing them. 145. Rates of Carriages. See Carriages. Regiftry. OfLotts within the Peninfula. Sec 'litlc Lands. Of Deeds. See Deeds. Retailers. See Inholders. Robbery. By Day from sny Dwelling 1 loufc, &c. or by Night from any Perfon, Felony without Clergy. 2i_ Reftitution (of ftolen Goods.} Money, Goods, or Stores, found in the poffeflion of any Burglar, Robber, &c. ftiall on Conviction be rcftorcd to the lawful owner. 34. Rogues. Rogues, Vagabonds, and other idle and diforderly Perfons, how to be apprehended and punlflied. '204. Schools and Schoolmafters. iVlo Perfon to fet up a School without being firft examined by the Minifter of the Town, to be certified to the Governor. 163. Any Perfon fetting up a School, without Licence, to forfeit 3/. Id. Schoolmafters (hall take the Oaths of Allegiance, Ckc. 164. 400 Acres in each Town/hip to be vcfted in Truftees, for the ufe of Schools. 16- . A Public School At Halifax, how to be cftabliflied. 224; See Dykes. See Dcferterii. See Banks. Seamen. Servants. T S. NOVA SCOTIA Acts. 30- 3i- illory. 31. tobeAfTeflcd. 8. ifing them. 145, v^ight from any } of any Burglar, wful owner. 34. y Perfons, how -204. camincd by the 163. o forfeit 3/. Id. :c. 164. ;s, for the ufe 164. 224; Servants. Servants. Hired for any Term, not Icfs than f.x Months, /hall have a Certi- ficate or Dikharge and any I'erfon harbouring or entertaining any Servant, without fuch a Certificate, to Forfeit 10/. ,„ rel^r ''^'^" '■'=^"'■'"1!: =^ <^^ertificatc, a Jufticc of the Peace may give Counterfeiting a Certificate, puniniabie by Whipping publickly. Id." Servants abfconding, to make Satisfadlion by double Service. Two Jufticcs may hear and determine Complaints of Servants for ill ufage. , Maftcrs of VefTels not to harbour any hired or bound Servant, on Tenuity of .0/. H^j^^ Indentures of Servants hired in Cmit Britain, 8cc. to be examined by a Juftice, before they are afligned. Jbid. Servant's hired for the Fifliery, found incapable of Duty to Forfeit their Wages.' ^ -Servants entertained by Tavcrnkeepers. (See Innholders.) Sewers. See Commiflioncrs. 98. rme. Sheep Skins. See Calf Skins. Slaughter Houfe. The Public Slaughter, how to be Iniilt and regulated. Slop Cloathing. The Penalty for buying Slop Cloathing from .my Seamen oi- Ma- np 27. Staves. See Barrels. Scales. See Meafures and Weights. Sheriffs. The Manner of their Appointment in the feveral Counties. 2 14 1 he powers and authority of a High Sheriff and his Duty. Ibid! Slays and Sleds. See Carts, difordcrly driving. Stabbing. Stabbing though without Malice, Afore-thought, the Offender to DC excluded the benefit of Clergy. Stealing. See title, Criminal Offenders. Stee" m i^' NOVA SCOTIA Acts. Steel Yards. See Mcafures and Weights. Sunday. See Lords Day. Surveyors of Lumber, (Choiecof) See Officers. Surveyors of Highways to have the Care of all Streets. 40. Swearing. Prophane Curfing and Swearing punifliabic by Mm-, on Convitflloir before one Juftice of the Peace. 55. Swine. Any Perfon may feize Swine or Goats going at Large within the Streets, Lanes or Subiirhs of fLiliJ'.ix, to be forllitcil on Proof, before onejufticc, one third Part to the Profecutor the Remainder to tho Poor. 41 Sliooting (malicioully.) Whoever flvill malicioufly fhoot at any Perfon in any Dwelling Houfe or other Place, the Offender ihaW fuffer as a Felon without Benctit of Clergy. :};?. Tavernkcepers. Oee Innholders. Town Charges. Abfent Proprieters how to be afTefied to bear their Proportion of Town and County Charges. ijj. Town Clerk. The Town Clerk in every Townfhip where no P.uiili is edablilhcd to regiller IVIarriages, Births and Deaths. 102. To apply to the fevcral Minillers for a IJft of M.uri.igcs, Births or Deaths, recorded by them before tho Aft of i. Cn. ]. C.i['. 2. 10^. All Marks or Brand of Horfes, Ne.U Cattle, &cc. to bj cnterJ with the Town Clerk. Trcafons. High Treafon, whatfhall be deemed and adjiidgjd to be. Petit Treafon how defined. 153- 29. 38- Trefpafits. Fences how to be ni.ulj. 39. Trefpafling Cattle, the Damages to be afcertaine 1 on Appraifement of three credible Perfons living in the Neighbourhood. Ibid. Proprietors of Lands to fence their Propcjrtiuns. Ibid. To repair Streets bordering on their Lands. 40. Juftices T S. of) :t3. 40. , on Convitflioir 55- rgc within the 111 Proof, before maiiulcr to the 41 I any Dwelling Felon without Proportion of 1 is c;;labli(TiCvl 102. ,igcs, Uirths or C.i;'. 2. lO}. !)w cntcrJ with ^53' o be. 29. 3«- 39- I Appraifcmcnt IbiJ. Ibid. 4~- Jufticcs NOVA SCOTIA Acts. Juftices in tlicir Sefrion3 to make Regulations for Preventing Tref- pafTcs liy I lorfcs, &c. going allray. ^j. Throwing dowen Fences, the Offender fubjcft to a Penalty of 10/. lOJ. Penalty over and above Damages, to be paid for each .ind every Horfc, breaking into Inclofnrcs. ^2. The Pole or Bru(h Fence, as now Commonly ufed, ftiall be deemed lawful. jhid. Rivers where theTidc flows, eight fc;t deemed afufficient and lawful Fence. I'erfons cutting down Trees or Underbrufli growing within 30 Feet of the Road on the Land that lies between fuch Road on Bedford Ba- fin fubjecfl to a Penalty of 40s. 42. 4^. All Partition Fences, between Lands under Improvement to he maintained in equal Proportions by the Owners, except Wood, bar- rcn or burnt Land. ^-^ Trefpafll's upon Crown Lands, See title Lands. Tranfcript. The Clerk of the Crown to certify a Tranfcript, containing the Tenor of the Indicflment and Convidlion of Perfons admitted to <^'lcrgy. 35. Tranfcript or Copy of Proceedings of Council. See Records of Council Tuifts. All Declarations or Creations of Trufts to be manifcfted and proved by fome writing, figned by the Party. r,_ Grants and Aflignments of Trufts fliall likewife be in writing, iigned by the Party granting or afligning. ibid. Lands held in Truft fubjeft to Execution. Ibjd. Treafurers Notes. ThcTreafurcr empower'd to iflue new Notes in Leln of defaced and 198. Timber. What fliall be deemed merchantable for Exportation to Great Sri- 19/. worn Notes. tatn Penalty tor deftroying Pine or other Timber Trees. Town Officers. See title Officers. 201. Veftry- Wl hi n n NOVA SCOTIA Acts. Veftrymen. Jgee Church of England. Sec Rogues. Vagabonds Wills. flow i > be legally executed. 20. No Will of any Lands, Tenements, &c. or any Rents or Profits out of the fame made by a Fi'ine Covert, or a Pcrfon under Twenty one Years, Idiot or unfound Mind, to be good in Law. Ibid. Nuncupative Will, how to be proved. 21. Wills of perfonal Eftate not to be repealed or changed by Words, uniefs committed to writing in the Life of the Teftator. Ibid. Wills to bt proved within thirty Days, under Penalty of 5/. per Month. Ibid. Penalty for fupprefling Wills. 22. Woods. Juftices in their Seflions to give in Charge to the Grai;d Juries, to make Regulations for preventing Damages by burning Woods, Un- derbrufh or Mar{h Lands. joj. I'he Penalties to be fettled by the Juftices, .id not to exceed 5/. 104. Cord Wood, the Penalty for Foreftalling and Monopolizing. 229. The Meafure of Cord Wood afcertained. . 128. Widows. Workhoufe. (SeeHoufe of Corrcftion.) WitnefTes. (See Depofitions.) Weights. (SeeMeafures.) 59- ERRATA. Pag. 10. Se<5t. I. inftead of the Words ai /!r(f/"f;//f Title to Any jLiiids or Tenements, by Virtue off any GViwrW . 1^3? ^y : ^^^ Deeds entered in the Public Rcgiftry, of this, Province ur by Virtu* of any Lnfl ff^ill or fejtanunt, Ihall have, hold, A and 6ZM. PerlonicUiming 'i'iiics taLandipicc. by virtiieorGrinti, Decils, orUftWilli, to hold die fame ac- cortling to the Ten- or thereof. ylnno Triceffimo Secundo Regis Georcii. II. Cap. II. 1758. PofleflioDs by Vir- tue of fuch Gr»nt», &c. confirmed, not. withftinding «ny Wint oflegalForm therein. Trovoll Marftial'i Deeds under Writs ot Execution con- fiimed. Ljnds fold under Writi of Execution ni>y be redeemed within Twelve Monthsfromthejd Oaiiir, i;j8. w PurchaftM of fuch I/inds to be tc. countible for wilful Wafte, Renu or Profits. and tnpyfuch Lands ,ind tenements, according to the Tenor and LT- feft of fuch Grants or Deeds regiftered, and of fuch Laft fVilUnd fcfla v.nt, whether the Eftate be in his or their own Right, or in Ri,h; of or.nTruft for another-, and that all Poflbfr.ons b, W the eof fliall be and are hereby confirmed, any want of legafpomrin fuTh Grants, Deeds, or Wills, notwithftanding. II. ^ndit is hereby further EnaUed, That all Deeds oi Snle of any Lands or Tenements, made by the Provoft Marfha! under Writs of Exe- andT \ U t' ^^ ''' ''^'•^'^•^^°" of any Judgments, /hall be ana are hereby confirmed. OX:: 5. III. Provided nevmhelefs. That it Ihall and may be lawful for any Perfon or Perfons, whofe Lands have been taken in Execution, and bold as aforefaid, his, her or their Heirs, within Twelve Months from the Second Day of Oaober, ,758, to fue for and recover, by Aftion .n Nature of an Adlion of Account, from the Perfon or Perfons to whom the rerfons intitled to fuch Lands or Teneme, were indebt- ed, and for Satisfatftion of whofe Debts the faid Lands or Tenements .ve been fold as aforefaid, upon Payment in Manner herein after di- reifted, o. the Prmcipal Money due, with Intereft for the fame, at the Kate of Six Pounds in the Hundred for each lear. and all Cofts and Damages awarded or fuftained by the faid Judgments, and alfo tor all Improvements of the faid Lands or Tenements, and the Provoft Marfhal's Proceedings thereon, with like Intereft for the Principal Money expended in fuch Improvements, upon a juft Account to be taken of the fame on any Trial for the Recovery of faid Lands or Tene- ments, wherem a View, if required. Ihall be direfted : And if upon fuch Trial it fliall appear in Evidence, that fuch Perfon or Perfons to whom the Lands have been Sold or conveyed as aforefaid, have com m,ttedw,lful Wafte thereon, or have received Rents or Profits from the faid Lands or Tenement, the faid Rents and Profits, and the Va- lue, of fuch Wafte, ftiall be allowed in account to the Perfon fo fuing ^°''^^f^^''^:'"y of ih^ti,A Lands or Tenements, and upon Payment of faid Prmcpal Money and Intereft, and of all Damages and Cofts for and on Account of fuch Debts and Improvements, or upon taking fuch Account of Rents and Profits, or the Value of fuch Wafte and Payment, of the Balance, due thereon, before any Writ of Execution fhall ,ft-ue upon any Judgment upon fuch Trial, to the Clerk of the Court where fuch Trial ft^all be had ; that then and in fuch Caf Aalland may be lawful to award fuch Writ of Execution for deli venng Pofteftion of fuch Lands or Tenements, to the Perfons fo fut for the fame: i>.^,W.^. That if upon fuch Trial it ft^all app L S the Rents, and Profits received, or the Value of fuch Wafte con -.tted, or both of them, do exceed the Value of the De^ L "ft" c":S tM?rrLi"ii^^f'"-f i'^^ ^.-^p-.ent.s, ;hat ex!: .lic j.iia mm lo received in Rents and Profits, or the Value of fuch fiichDebt, Intereft. CoC a- efthe Lands and Triements -' lar i ••.k%".ii ' -mitted, beyond, the Value of togct'icr with the Pofleflion r Execution as aforefiid. JV. Provided 1758. 1758. Anno Triceffmo Secundo Regis Georo 1 1 II. Cap, II. enor and \l.f. ^illzm\rcjla- or in R ight ''irtue thereof orm in fuch ' Side of any Vrits of Exe- :nts, /hall be wfiil for any 2cution, and 'lonths from ■, by Aftion ■ Perfons to ivere indebt- )r Tenements •ein after di- he fame, at nd all Cofts ts, and alfo the Provoft e Principal :ount to be '^ds or Tene- nd if upon ' Perfons to have com- 'rofits from nd the Va- bn fo fuing n Payment and Cofts pun taking (Vafte, and Execution lerk of the ich Cafe it 1 for deli- s, fo fuing ppear that arte com- , Intercft, that Exe- Rents and : Value of Poneflion efaid. Provided IV. Provided ncvmhekfs^ That any Debtor or Debtors, or his or her Heirs, upon Payment or Tender of Payment, within Twelve Months after faid Secojid Day of October, 1758, of the Confideration Money really and io«a/J'58, of th< Confideri. tion Money paid by the laft Purchafer, with all Charget. Sebtori may prefe* cute an A£lion of Account a^ainft their Creditort. Detd>, tie. made by Purchaferi an- der Provoft Mar- fhal's Deeds, with- in one Year from zd 0c fame ftiall be nude, or of a Publick N Juno trheffnno Secundo Rcgh Georgii II. Cai>. II. '758- Minors, ic. miv flic within five ycjri tfier Iiiipedimcnt t-eiiicvcd. Regifter of the pro- v?nce to appoint one or more deputies in thefevcralCoanties. If Deed ii loft the copy from tlic Re- giftry fliall be aj- lowea u eviaence. Where Deputy Re- giftert appointed. Deed fliali be regi- ftered. An Extraft * Cer- tificatc of all Deeds regiftercd to be tranfmitted to the Regillcj's Office at Wi '^^^^ "P°" complaint on Oath made before any two Jufti- ces of the peace of any wrongful and Forcible Entry made into any Houfes, Lands, Tenements or other PofTeflions or of any wrongful detainer or witholding with Force, or of any wrorigful o, holding over of any Tenant after the Expiration of his Term in any Houfes, Lands, Tenements, or other PofTcffions, after PofTefTion de. manded and due warning given to fuch Tenant as herein direfted. to remove it fhall and may be lawful for fuch Juftices by warrant tocaufe fuch Offender or Offenders, Tenant or Tenants or other Perfon m PofTefTion to be arretted and detained in Cuftody until he flic or they and fufficient fccurity for ^onal appearand . at the next Supreme Court there to anfwer fuch Complaint. U. And be it further EnaBed, That if it fhall appear to faid Court either by the confeffion of the party complained of or by the Verdift of a Jury then, and there i^npanelled to try the IfTuc that a forci- B ble Deputy Regiller failing fliall forfeit £. ;. and liable t« «n Aflion hj party aggrieved. All cicedt heretofore regiftered hy (he Depiitlei, and Cer> tificatet, returned, or which (hall be returned before ift Nov. next, good and valid. Perfons malting for. bic entry &c. t< be arfcilcd. bound to appear at Supreme Court. On proof by een- feflion or VtrdiA. Anno Triceffmo Secundo Re^is Georoii II. C,\p. IV. 1758. party lobe rereized wiihin lo days, treble Cofts lo be /ecovcrcd. i : • i Wirnirg to be gi- ven. Saviny the right of Minori, &c. No DiftitlingHou- fet or StilU to be creAed withia the Town of Halifax, or within a Quarter of a Mile of the Picketed Lines, on Penalty of j^ioo. Such Sills deemed Public Nufancei. ble Entry is made into any houfes Lands, Tenements, or pofrcflion.s or that a wrongful and illegalDetainer and with-nolding offuch Houfes, ■Lands, Tenements and I'olTenions has been made after demand and Notice as aforefaid, then the faid Court Ihall caufe the faid Houfes, Lands, and Tenements to he refeized-and the party complaining to be again put into Pofi-firion within ten days a/ter fuch trial had orConfeOlon made and the party grieved, iliall and may bv Adion of Trefpafs on the Cafe recover treble rent and Cofts of Suit againft the defendant or defendants any Law, Ufagc, or Cuftom to the faid contrary Notwith- ftanding. III. I G.o. r Cb. 2. AnUeit alfofiirthcr Ena^e^^Th^t when any hotife Lands, or Tenements, ftiall be Let by the Year, three Months warning (hall he given, & when by the Month one Months warning, and when by the Week one Weeks warning (hall be given to the Tenant in Pofleffion. IV. Be it Enabled, That nothing in this Aft (hall extend or be conftrued tc -xtend to bar the right of any Minor. Feme Covert or perfon ^on Compos Mentis imprifoned or abfent from the Province. But they (hall be intituled to fue for and re- cover any Houfes, Lands or Tenements within the Province afore- faid to which they are intituled, within :.vc Years after fuch impedi- ment (hall be removed. C A P. IV. An A C T to prohibit the Erefting of Diftilling Houfes, or fetting up Stills within the Town of Halifax^ or within one Quarter of a Mile of the Lines or Pickets of the faid Town. K^^^ E it Enabled hy His Excellency the Governor, Council, m:d Af- ^ ^ ^f'"*^bi ""^h the Authority of the fame it is hereby Enacted, That itlf=Sid ^'■°'" and after the Publication hereof, no Perfon or Ferfons whatfoever, (hall ereft any Diftilling Houfes, or fet up any Stills for diftilling of Cordial Waters, or any Spirituous Liquors, with- in the Town of Halifax, or within one Quarter of a Mile of the old Lines or Pickets of faid Town •, on Pain of forfeiting the Sum oWne Hundred Pounds, for every Still fo fet up, and Diftilling Houfe fo eredted -, to be recovered by Bill, Plaint, or Infbrraation, in any of His Majefty's Courts of Record within this Province ; one fourth Part to the Informer or Profecutor, the Remainder to the Ufesof the Govern- ment-, and the faid Stills (hall be deemed and adjudged to be a public Nufance, and (hall be accordingly removed. C A P, V. ■t 1758- .^nno TriceffmiQ Secunch Regis Georcii II. Cap. V. CAP. V. An A C T for the Eftabliihment of Religious Puhlick Worjhip. «^«X^;A; RASMUCH asHis Majafty upon the Settlement of the '0' F W P''°'^'>"^'i 'duas pkafed^ in His pious Concern for the Advancement of G D's Glory, and the more decent Celebration of the Divine Ordinances amongft us, to ere^ a Church for Religious Worfhip^ according to the Ufuage of the Church 0/ England } in humble Imitation of His Royal Example, and for the more cffetlual Attainment of His Majejiy's pom Intentions, that we might in the Exercife of religious Duties, be feeking for the Divine Favour and Protection, Be it therefore Enacted by His Excel- lency the Governor, Council and Affcmbly, Thai the Sacred Rites and Cere- monies of Divine Worfliip, according to the Liturgy of the Church eftablifhed by the Laws of England, fhall be deemed the fixed Form of Worfhip amongft us, and the PJace wherein fuch I,//«rg';i /hall be ufed, fhall be rcfpedted and known by the Name of the Church of England as by Law eftabliilied. And that for the Prefervation of Purity and Unity of Dodtrine and Difcipline in the Church, and the right Adminiftration of the Sacraments, no Minifter ihill be admitted to officiate as aMini- fter of the Church of England, but fuch as fhall produce to the Governor, a Tcftimonial, that he hath been licenced by the Bifhop of London, and fhall publiclcly declare his AfTent and Confent to the Book of Common Prayer, and (hall fubfcribe to be conformable to the Orders and Con- ftitutions of the C/Jarci? 0/ £//f A;//-'>JI''\tf- iinr, t'/" Law I /'»/. 26.S, 2 J9. jTid tor tiio ArrAr! ot" Sul.irict .if tkc Orgitarll, &c. jjicii Vote to be (lindiii^ III) all the l'jrillii()ncvs,notc:i- ciiip'.ed hy Law. (c) /»*/•»•> tcdef. LuKi. i.. Vol. 477. Hiul 10 be afleflcd l))f (heC'iMiicliWirdeni aiic* Velliy.anJcol- icftcd l>v thcCliurth Wardens. The Aircdurs »o be • fl'cdcd by three Panrtiioners to be *p)!ointcd at the Meeting. (d) B»rn's Ecclef. i««t» I. Vti. 273. Appeal a''''iTed tn Perfons aggrieved. "thii and the for- mer A£li to extend to tli Churchei which (hall be crec> ted keretfctn. ylnKQ •Trhv/mi Sianttk Re-ir Gif.Ri.ii II. Cap. V. 1758. aneiVcd for p.iying any Contrilniticns lor and towards the Support of the Church of Eii^^laiu!^ allot and order futh .Sums of Money as thejr may judge nccdTavy ( ,'■; f«r and on Account of Rtpufrs, a:id fur the ufual Goods, Stock l-'uniiturc, Orii.uiK-nts, .iiid Bells of tlu; Church, Btid for Arrears of Salary and other allowances to the Organlft, Cicrjc and Sexton of the fume, and to the Clerk c/fthc Vcftry, and tor all other ncccfTary future Church Repairs, Goods, and Ornaments, aa other Rates are direftcd to be levied, collei'led, aad receival, by the afore recited Aft or Adls ; and likcwifc for half yearly Afl"eflment» and Payments of the future growin^r Sidaritts to the Organlft, Pariih Clerk and Sexton, and Clerk of the Vcftry -, which Vote or Votes fhall be binding on all the Parifliioners belonging to the faid ParifH Church of ^t. Paul's, and others dwelling in the faid Parifh, not ex- empted by Law from paying towards the Support of the Church of England (c) ; and ftiall be aftefled by the Church Wardens and Veftry in juft and equal Proportions on every Parifliioner, according to their feveral Abilities, and fhall be coHeiflcd, levied, and received, by thi» Church Wardens as prefentcd by the faid Ad. II. Provided always^ and he it Enabled, That the faid Aflcfl*ora (hall not tax themfclves (d), but they fliall be aflefied by at leaft three of the other Parilhioncrs, who flial! be named for that purpofe by the Parifh at their Meeting for voting the Sums to be alTcfrcd. III. Provided alfo. That if any Perfon fhall think himfelf over rat- ed or otherwife aggrieved, he may appeal for Redrefs !n Manner prefcribed by the afbre recited Ad, in Cafe the faid Rate fhall ex- ceed the Sum of Five Shillings, or if any Sum be unduly levied upon the faid Parifhoners. IV. And be it further EnaSted, That when, and fo often, &« any ot- her Church or Churches Ihall be ereded within the faid town of Halifax, or any other Town or Towns of the Province, and that Church War- dens and V«ftries fhall be appointed in the fame, that this Ad and the faid former Ads, and every Claufe, Diredion, Authoiity and Power, in the fame contained, fhall extend and be in Force for all fuch Church or Churches, as may fo hereafter be ereded and efta- Wifhed, in the fame Manner as if the faid Church or Churches had keen expreflly named in this and the faid Ads as aforefaid. ■ CAP. Vt 1758. J7fi^- ^>'i'0 'friojiimt Serioirltt Rtgis Gronc 1 1 II. L\v. VI. II. the Support loiicy as they :, a:id fur the tlu; Churthj janlft, Clerk , and for :ill rnanjent-i, as ival, by the An'eflrncnM ;aiii{l, Pariih ote or Votes ! faid Parifti, rifh, not cx- le Church of s and Veftry ding to their ivcd, liy th» sid Arte {Tors at Icatl three purpofe by iffcfied. fclf over rat- In Manner \te fhall ex- jduly levied 1, sfi any ot- n offfalifax, hurch War- this Ad and thoiity and 'orce for all id and cfta- lurches had faid. CAP. VI. An ACT for Eftablilhing and Regulating a M I I, I T I A. iS--.??':^ // ER E A S h His Majejlfs Rtyal hjirtiil^us tt bis ExceL Prcmble. Icncy the Cevenior of thh Province, be is direSied to cauf, Perfoiu liable ti Train. CAP. VL »k-^5-A* Militia /o he eftalujijed as foon as poffible : And Whereas ■the 8e,t!>iiy ami Preftr^alion of this Province greatly depends upon the faid Militia bchig put into Methods, and tinder fuch Rides as may make the fume mojl ufeful for the Support and Defence thereaf, and that «<• well for the llmor and Service of his mofl Sacred Majejly, and the Security of this His Province, againfl any Violence or Invajion vebatfoner, as for the PrefervatioH of their own Lives and Fortunes, and that e-uery Perfon may know his Duty herein, and b$ obliged to perform the fame : Re it EnaHeA by his Enctllency the Governor, Council, and Affemhly, and by the Jiitlwri- ty of the fame it is hereby EnaHed, That from and after the /;// D*y of December, 1758, All Male Perfons, Planters, and Inhabitants aiiil their Servants, bctwoen the Ages of Sixteen and Sixty, redding in and belonging to this Province, (lull bear Arms awd duly attend all Muft- crs and military Excrcife oftheir refpedivc Companies where they (hall be inlifted or belong, allowing Three Months 'lime to every Son after coming to Sixteen Years of Age, and every Servant fp long after his Time is out, to provide thcnafelvc* with Arms and Am- munition. II. And the Clerk of each Company, once a Q,.arter Yearly, fhall ^, , , ,.„ take an exaft Lift of all Perfons living within the Precind, of fuch T!uTS:;Jf Company, and prefent the fame to the Captain, or chief Offieer on •"" a *:iu"ter» ' Pam of torfciting Forty Shillings for each Default, to be paid to the Captam or chief Officer to the Ufe of the Company, and in cafe of Non Payment, to be levied by Diftrefs and Sale of the OfFe.Kle« Good. ;by y.rtueof a Warrant from the Captain or chief Officer, who is here' T)y impowcred to grant the fame. III. That every Perfon inlifted in any Company, (hall fo continue and attend all Duty in fuch Company, or othcrwife fuffer the Penalty by Law provided, until orderly difmlfled or removed out of the Town or Precinft of fuch Company, and in Cafe of Removal into the Precmcl of another Company in the fame Town, to produce a Certificate undef the Hand of the Captain or chief Officer of tho PrecmA whereunto he is removed, that he is inlifted there, IV. '« That Rogimcntal Mufters fhall be made out once in •* Six Months or as often as {hall be required by the Governor or *' Commandfr in Chief of the Province for the Time being, and every " Captain PerfoQt la meit.i Diitywhetein!tlk'^'s Ueoroii II. Cap. VI. »J- Part of them, may onler the corre<5tinR and punifhing Diforders and „ .-, ,' . BIB ?nwtt ofCnmmU* Contempt on a 1 raining Day, or on a Watch i the Puni(hmcnt not lion Officeu. being greater than Ciimmitmcnt to hard Labour, not exceeding IXny Eight Hours, or Five Shilling Fine. Vill. That there he mililnry JVatches appointed and kept ar fuch Miiiu,y W«tchei, Times, in fuch Places, in fuch Numbers, and under fuch Regula- tions, as the Governor or Commander in Chief of this Province for the 'lime being (lull appoint i and that all Pe rfons able of Body, and that are of Age, /hall by themfelves, or fomc ptrfon in their Stead, to the Satisfadtion of the Commanding Officer of the Wi ■ h, attend the fame, on Penalty of Ten Shillingi for each Defect, ilr-.e having been due Warning given. Feniity for not it> tL'nding Miliury li»ercUc>'. IX. Every Militia Soldier or other Perfon liable by Law, refufing or ncgleeting to attend military Exercifcs on Training Days, or mi- litary Watches, that (hall not pay or have any EftatL- to be found whereon to levy the Fine, it (hall be in the Power of the Captain or chief Officer of fuch Company, on the next Training Day after fuch Neglea, (he not having fatisfied the Clerk) to puni(h him for fuch Offence by Commitment to hard Labour, not exceeding Five Davs j and if fuch a Delinquent (hall abfent himfelf the .9- -,„,/ Day, with- out giving fuffiticnt Reafonto the Captain or chief Officer for fuck Abfcencc, it (hall be in the Power of the chief Officer of the Com- pany to dircft a Warrant to any of the Conftables of the Town where- in the faid Offence fliall be committed, requiring him to apprehend fuch Delinquent, and bring him into the Field, that he may be punifli- ed as by this Law is provided ; and all Conttables are hereby required to execute fuch Warrants accordingly. X. That the Pcrfons hereafter named be exempted from all Train- ings, except fuch as (hall receive Commiflions in the Militia, viz. The Members of His Majefty's Council, the Members of the Affem- bly for the Time being, the Chief Juftice, and other Judges of Courts, Juftices of the Peace, Attorney General, Treafurer of the Province, Regifter of the Province, Chief Surveyor of Lands, Naval Officer and his Deputy or Clerk, the Secretary, Minifters, Provo(t Mar(hal| Field Officers, the Colledor and Surveyor of His Majefty's Cuftoms', and the Waiter, conftant Ferry Men, one Miller to each Grift Mill, «onftant Herdfmen, and lame Perfons or otherwife difabled in Body, producing a Ctrtifitatc thereof from two able Chirgeons. XI. That the Members of His Majefty's Council be, and hereby are ^, ,„ ^e,, of th exempted from military Watches and Warding Co'unci" °xemp«d Perfon< exempted Iruu) Trainings. XII. That fr.)ni Watches aiut WirJi »£• Jam T'l ic'Ifimo Secuiulo Regis ■Georgii fl. Cap. VI. 1758. C(.iniiii;!i iiL'lluc*.- VII Tl . u ^ '.H,>r..imSnjc,,u„ -^l^- J '^at the C^ptP.m andCommifilon Officers of each Companv -' c.",... ft.a^, and are hereby fuJJy i.powered. to „o„,inate and appoint proper PcrTons to fcfv* as Serjemts and Corporals in their refpcftive Com- pan.es and to difplace them and appoint others in their Room, as they fliall fee Occafion. ^K^ o^^ twic-e every Year, or oftner if required, every Captain or ch.ef Officer of each Company, fliall give Order for a diligent tnquiry into the State of his Company, and for taking an exaft Lift 0* the Names of his Soldiers, and other Inhabitants within the Limits of his Company, and of the Defers of Arms or otherwife and Names of the defeftive Perfons. that they may be profecuted as the Law hath provided, and that fuch Care may be taken as is proper to remedy the fame. XT^^ That if any Perfon who is V Law obliged to provide Arms and Ammunition, cannot purchafe the fame by fuch Means as he hath, if he bring to the Clerk of the Company the full Value thereof, according to the AppraifcmCnt of the Clerk and two other Perfons mutually chofen, he thereupon Ihall be excufed from the Penalties for want of Arms and Ammunition, until he car • provided, which the faid Clerk ftiall provide as foon as may be, b ^ale of fuch Goods, and render the Overplus, if any be •, but the Party fhall notwith- (landing give his perfonal Attendance upon all occafions as other Mi- litia Soldiers, until he be fupplied, and at fuch Times fliall perform any proper fervicc he may be put upon by the Captain or chief Officer of the Company he belongs to ; But ifthePerfon be adjudged unable to buy Arms, or to lay down the Value propofed, if he be a fingle Man, he ftiall be put out to Service by any two of His Majefty's Juftices of the Peace, to earn wherewith to buy Arms and Am- munition. Pemlty 40!. forie- fuiing to i'erve as Clerk. Cleri'j Oath. XV. Tliat fuch proper Perfons as by the Commiffion Officers, of any Company ftiall be appointed Clerk, and fliall refufe to fcrvc, ftiall pay Forty ShHling! Fine, and another be chofen in his Room, and fo until one do accept : which Perfon ftiall be under Oath for the faithful Difcharge of his Office, to be adminiftcr'd unto him by a Juftice of the Peace of the County, in the Words following. y OU do fwear truly to perform the Office of Clerk of the military Company under the Command of A. B. Captain, to the utmoji of your Skill and Poiver^ in all Things appertaining to your Office, according to Law. So help you G O D. XVI. And. [. I75S. ach Company ppoiiit proper pc-aive Corn- heir Room, as !vcry Captain 3r a diligent an exaft Lift ! within the or otherwife, be profecuted 'C taken as is Tovide Arms. VTcans as he alue thereof, ther Perfons IS Penalties I'ided, which fuch Goods, all notwith- s other Mi- hall perform chief Officer dged unable : be a fingle s Majefty's s and Am- ion Officers, ife to fcrvc, his Room, er Oath for into him by )lluwing. the military moft of your according to XVI. And. 1758. Anno I'ricclfmo Secundo Regis Georkii II, Cap. VI. Iff. Mcciitig of the Chitt'Officeri of the Ktgiment, XVI. And for every Diftraint made for any Fine not exceeding His Allowance Forty Shillings, he rtiali have one Quarter Part for his Pains and Trouble and for fuch Fines he may dcftrain ex officio, and in fuch Diftrcf'* /hall obfcrve fuch Rules as the Law hath provided iu other Cafes ; and upon Ten Days >iotice (hall account with and pay the Captain or chief Officer what Fines he hath received, his own Part beine dc- duAed. ^ XVII. The chief military Officer of the Regiment, as often as he (hall fee caufe, (hall require the Captain or chief Officer of each Company in his Regiment, to meet at fuch Time and Place as he iliall appoint, and there with them to confer, and give in Charge fuch Orders as (hall by them, or the major Part of them, be judged meet for the better ordering and fettling their feveral Companies, and for the better promoting military Difcipline amongft them ; and the • ;ot:i!s; E it emffe(}, hy His Exccllmy the Governor^ Cctiiicil, and * B % AJfemblyy and by the Juthorily of the /time it ii hereby Ena^led^ ^. ,.. .. ,'*' That every Perfon Hull have Power to give and devife, •:>.,«(,0,fl[* ^^ j^.^ ^^ hcrlaft mil and Tejlament in Writing, andfigned by the Party fo giving and devifing, or by fomc other Perfon in his Prefence, and by his exprefs diredions, and attefted and fubfcribed, in the Prefence of the Dcvifor, by Three or more credible Wit- ncfles, any Lands Tenements^ or Hereditaments^ whereof he or {he flwll, at the Time of his or her fo giving or devifing the fame by fuch mil, be lawfully feized, cither of a Sole Eftate in Fee fimple, or of any Eftate, in Coparcenary, or in Common in Fee fimple, in Pof- feflion, Revcrfion, or Remainder, as much as in him of Right is, to the faid Lands, tenements, and Hereditaments, or in like Manner to devife any Rents or Profits out of the fame at his Pleafure. Pro- vided, that mills made of any Lands, Tenements, or Hereditament <, or any Rents or Profits out of the fame, by any Woman Covert,or Perfon within the Age of Twenty One r-irs. Idiot, or of mfound Mind, (hall not be good in Law. II. And be it further EnaSled, That no Devife in Writing of any lands. Tenements, or Hereditaments, (hall be revocable, otherwife than by fomc other Will or Codicil in Writing, or other Writing figned in the Prefence of Three or more Witneffes, declaring the fame, or by burning, cancelling, tearing or obliterating the fume by the Teliator himfelf, or in his Prefence, and by his Direftions and Confent. E*g. Sttt. t^ Cm-' 1. c. }. S*a. 10. Nuncupitive Will. III. And heitfurtbtr EnaOed by the Authority aforefaid. That from and after the Firjl Day of January, in the Year of our Lord One Tboufand Seven Hundred and Fifty nine, no Nuncupative Wi I IfhM he eood, where the Eftate thereby bequeathed, fhall exceed the Value of Tbtrty Pounds, that is not proved by the Oath of Three WitneJJes (at the leaft) that were prefentatthe making thereof, nor unlefs it be proved that the Tejiator, at the Time of pronnuncing the fame did bid the Perfons, prcfent, or fome of them bear W.tnefs, that fuch was his Will, or to that EfFeA •, nor unlefs fuch Nuncupative milvrss . . .u. t: e th^ U Executors f the Ef- Council, and ehy Enaiiedy and devife, , and figned 'crfon in his 1 fubfcribcdi edible Wit- or (he flull, mc by fuch E fimple, or iplc, inPof- Right is, to : Manner to afure. Pro- {ereditamentec«are, icQ. r. i6.Sta. 14. £t:g.Stat. 29.C'■ u E"g- f^ioi. 21. W. 8. {.^.Sea. 3. UponihcExecutor'i RefuCal.ihc Judge to commit Aamini- ftratiin tr» the Wi. dow, or rcxt of Kin , tnd on their Re- fiil'al, to Piincipal etkditnri. Penalty for fup- prtfliBg Will*. Legaciei afcertain- ed, recoverable it the Commsn Law. Execatori to exhi- bit an Inventory of the Eftate ol the Deceafed.withiH three Months after Probate, on Pain of tl. for every MoBtViNeglefl, ind liable to ac- count in like Man- ner (I Adminiftra- ton. ing his or her Truft and Duty in that Behalf, ^without juft Excufe made and accepted for fuch Delay) (hall ftirfiit the Sum of Five Potimli every Month, from and after the F.xpiration of the faid Thirty B/Jp, until he or they fhall caufc Probate of fuch (f'"i!l to be made, or prefent the fame as aforefaid : F.very fuch Forfeiture to be had and recovered by A6tion of Debt, in the Inferior Court of Comnwi Pitas in the fame County, at the Suit of any of the Jleirs or Creditors, and for the Ufc of him or them that (hall inform and fue for the fame. And upon any fuch Refufal of the Executor or Executors, the Judge (hall commit Admininiftration of the Eftate of the Deceafed, with the JFill annexed, unto the Widow, or next of Kin to the Deceafed, and upon their Refufal, to one or more of the principal Creditors as he (hall think fit. VIII. yiniibe it further EnaHed, That if any Perfon orPerfons fliould be found guilty of fuppre(rmg any lait will and Teflament, fuch Perfon or Perfons (hall be fubjedl; and liableto the fame Penalty, as by this Aft is prefcribed for Perfons negledling to prove any lafl Will a>td Te^iment. IX. And he it further Enaaed, That where any certain Legacy is or (hall be bequeathed, and given by any Perfon in his or her laft Will and tegument, as alfo where any Refiduary or uncertain Legacy is, or (hall, by the Account of any Executor, be reduced to a Cer- tainty, every fuch Legacy and Legacies as aforefaid, may be fued for and recovered at Common Law ; any Law, Cuftom or Ufuagc to the contrary notwithiianding. X. And be it further Enacted, That henceforth every Executornamcd in any Will^ taking upon him that Charge by proving fuch fVill, within the Space of Three Months next after Probate thereof, (or at fuch further and longer Time, as the fudge of Probate (hall fee meet to allow, the Circumftances of any Eftate requiring the fame) (hall exhibit into the Rcgifter's Oflice, upon Oath, a full and true Inven- tory of the whole Eftate of the Deceafed, fo far as is then come to his Hands and Knowledge -, and ftiall add thereto what and fo much as may further afterwards appear, on Pain of forfeiting Five Pounds for every Month's Negleft thereof afterward, as is by Law provided for not prefenting a Will and to be recovered in like manner. Pro- vided ntverthelefs. That in Wills where, after the Payment of Debts, and of any certain particular Legacy or Legacies, the Refidue or Remainder of the Eftate is bequeathed generally to any one or more Perfons, other than the Executors themfelves-, in every fuch Cafe, an Inventory of the Eftate (hall be prefented upon Oath as aforefaid, and the Executors (hall be liable to accouet as Adminiftrators are, by Law, obliged to do. ^^' •^"'^ I/.-,b'. 1758. Atino Tricilfimo Secundo Regis Georoii II. Cap. VIII. ii' t juft F.xcufe af Five PotiHili 1 Thirty Diiy.u be made, or to be had atiii Common Pita; or Creditors, ; tor the fame, rs, the Judgtf leceafed, with the Deccafed, \\ Creditors as Perfoiis flioiild fuch Perfon or by this Aft is vid 'teSliiment. :ain Legacy is his or her laft certain Legacy iced to a Ccr- may be fiied m or Ufuagc to Lxecutor named .^ing fuch IVilU thereof, (or at {hall fee meet ;he fame) fhall nd true Inven- 5 then come to it and fo much g Five Pounds Law provided manner. Pro- ment of Debts, le Refidue or ly one or more y fuch Cafe, an 5 aforefaid, and r3 are, by Law, XI. And XI. And any Executor being a refiduary Lcgati-c , may bring his Aftion of Account againft his Co Executor or Executors, of the Eftatc of the Tejlalor, in their Hands, and may alfo fue for and recover his equal and rateable Part thereof. And any other refiduary Legatee Ihall have like Remedy againft the Executors. XII. And be it further Ena^ed^ That when and fo often as it fhall happen that any Perfon dies Intejiate, upon Application of the "Wi- dow or next of Kin to the Inteftatey within Thirty Days after the Death of fuch Inteftate, the faid Judge of Probate ftiall grant Letters of Admi- nijlration to fuch Widow or next of Kiri : And in cafe they ncgleft to apply within the faid thirty Days, upon firft citing fuch Widow or next of Kin, and their Refufal to accept the fame, fuch Judge of 'Probate fhall grant Adminiftration to fuch Perfon or Perfons as he fhall judge fit -, and he fhall thereupon take Bond with Sureties, in Man- ner as is direfted by the Statute of the Twenty Second and Twenty Third oi Charles the Second, Chapter the tenth, intitled, An A^ for the better fettling Intcflatcs EJlates ; and (hall and may proceed to call fuch Adminiftrators to Account for, and touching the Goods of the Intejlate • And upon due Hearing and Confideration thereof, (Debts, Fune- ral, andjuftExpences ofall Sorts, being firft allowed) the (sXA Judge fliall, and hereby is fully impowered, to order and make a juft Diftri- bution of the Swplufigf, or remaining Goods and Eftate, as well Real as Perfonal, in Maimer following, That is to fay. One Third Part of the Perfonal Eftate, to the Wife of the Inteftate for ever, bcfides her Dower in the Houfes and Lands during Life, where fuch Wife fliall not be otherwife Endowed before Marriage-, and the faid Jar/g-^, having ap- pointed Guardians in Manner as hereafter may or ftiall be by Law prefcribed for all Minors, ftiall then, out of all the Refidue of fuch /2(r.i/ and Perfonal Eftate, diftribute /«;o Shares or a double Portion to the Eldeft Son then Surviving, (where there is no Iflue of the Firji born, or of any other Elder Son) and the Remainder of fuch Refidue equally to and amongft his other Children, and fuch as ftiall legally rcprcfent them •, Provided that Children advanced by Settlement or Portions not equal to the others Shares, ftiall have fo much of the Surflufagey as ftiall make the Eftate of all to be equal, except the Eldeji Son then Surviving (where there is no Iflue of the FirJi born, or of any other Elder Son) who ftiall have two Shares or a double Portion of the whole. XIII. And be it further Ennfled, That fuch Eftate wherewith fuch Child or Children, have been advanced in the Lifetime of tlie Inte- ftate, ftiall be accounted for upon the Oath of fuch Child or Chil- dren, before fuch ladrc of tirobate of IVills. and for eranting Letters Refidusry Legatee nny I'ring Afiion of Account agiiinrt Exccutori. AJminillration. I'.ii^.Smt. itiJ f^. Car. I.e. }0.SiS-2. I'aughan 9*. and Didribtttion of EdiitesorifttelUtC'. Chililren advaneC'l in the Lifetime pf thelntdUM. I 14- 1758- ^»"o •Tricfjnmo Secumlo IL'^is Geokcii II. Cap. VIIJ. Divi&on ol Landi. OrZftttei in Hsufei and Lindi which cannot be divided without Prejadica tn tke whole. OfPortioniof Children dying un- married 01 under Age. X.Fnt. 316. I, I ill I Salk. »jo. R*ym. 496. of Adminijlfotion, or by other Evidence to the Satisfaclion of the Jiulj^e ; and in Cafe of Rcfufal to Account upon Oath, fuch Child or Children, fo refufmg, fhall be debarred of any Share in tlic Eftata of the Ititejlate. XIV. Aiid it is herely Enaileil, That the Divifion of fuch Lands or 'Tenements., Ihall be made by jive fufficicnt Freeholders upon Oath, or any three of them, to be, for that Purpofe, appointed and fwbrn by the Judge. Provided nevertbciefs^ that if all the Parties in- terefted in fuch Lands or Tenements, being of lawful Age, (hall, by Deed., agree to a Divifion, fuch Agreement, being acknowledged be- fore the Judge by the Parties fubfcribing and fealing the Deed., the faid Deed being entered on Record in the Probate Office., fliall be dee- med a legal and valid Partition and Settlement of fuch Eftate, as cffertually to all Intents as if the fame had been divided and fettled by IFrit of Partition^ and be received and allowed in Evidence, on any Trial againft the Parties fo interefted in the faid Lands and Te. nements. XV. Provided neverthebfs. That where any Eftate in Houfes and Lands cannot be divided among all the Children, without great Pre- judice to the whole, the faid Judge may, on Evidence of the fame, order the whole unto tho Eldefi Son, or, upon his Refufal, to any other of the Sons fucceflively •, He paying unto the other Children of the Deceafcd, their equal and proportionable Parts or Shares of the true Value of fuch Houfes and Lands, upon a juft Appraife- ment thereof, to be made by three fufficicnt Freeholders upon Oath, to be appointed and fworn as aforefaid, or giving good Security to pay the fame in fome cop.ven lent Time, as the faid Judge fliall limit, making reafonable Allowance in the mean Time, not cxcee- ding Six Pounds by the Hundred in the Year. And if any of the Children happen to die, before he or ftie come of Age, or be married, the Portion of fuch Child deccafed, {hall be equally divided among the Survivors. And in cafe there be no Children, or any legal Re- prefentatives of them, then One Moiety of the Perfonal EJlate (hall be allotted to the Wife of the Intejiate for ever, and One Third of the Real EJlate for Term of Life. The Re(iduc both of the Real and Per- fonal EJlate, equally to every of the next of Kin of the Intejiate In equal Degree, and thofe who legally reprcfent them. No Reprefeu- tatives to be admitted among Collaterals after Brother's and Sifter's Children. And if there be no Wife, all ftiall be diftributed among the Children, and if no Child, to the next of Kin to the Intejiate in equal Degree, and th«h- legal Reprefentatives as tforcfald, and in no other Manner whttfocver. And every one to whom any Share (hciii be allotted, ftiali give Bond with Sureties before the faid Judge of Li.. 1758. Anno 1'rkeffmo Sfcwhlo Regis Georou II. Cah. VIII. li. ytnfge of Probate, if Debts afterwards be made to appear, to refund and pay back to the Adminiftrator, his or her rateable Part there- of, and of the Adniiniftrators Charges, XVI. And it is hereby Enaiied, That the Lands and Tenement* wherewuh any Widow Ihall be fo endowed as aforefaid, ftall, after the Dcceafc of fuch Widow, be divided in like Manner as by this Adt is directed. Widow*! Dower, ■Iter her Dearh to be divided in lilie Manner. XV"- Saving to any Perfon aggrieved at any Order. Sentence, „ r Decree made for the Sefrl^m..^ .^a t>:/i.:u ..:._. / , ' '"'^"' nt"""^ may ippt Cj< veinoi Couacil, or^ Decree made for the Settlement and Diftribution of any /«/.y/.,: InVv^M^lht tilate, their Right of Appeal unto the Governor and Council. ^' ^""°' *"'' i.vcry lerfon fo appcahng, giving Security to profecute the An peal with F.fFcft. Provided that fuch Appeal be made within n.>. ty Days after Sentence by the Judge of Probate. XVIII. And be :t further Enaned, That all fuch Kftate, Real or PerfonaU as .s not comprized in any lafi Will and 7eftnmenU or is not plamly devifed or given by the fame, fhall be diftributed in hu.ed the fame Manner as /,//.y/w/.£y/^;,, arc diredled to be diftributed by «««« tins Adl. ' Eftatei not com- prized in «ny Uft Will, to be diftri. huied as intclia(e XIX. And he it further Em^ed, That in cafe that Perfonal Afets fl.a be deficient for the Payment of any Debts or Legacies, and it null be found nccefl-ary by any Executor or Adminiftrator to make Sale of any Part of the Real K/tate of the Deceafed, for the Pay- ment of any Debt, or Legacies, fuch Executor or Adminiftrator (hail apply to the Governor or Commander in Chief for the time being and H,s Majefty's Council of this Province, who are hereby autho-' rifed, and impowercd to take Cognizance thereof, and to grant a Li cence for the Sale of fuch Part of fuch Real Eflate, as may be moft convenient for the Payment of fuch Debts or Legacies, a,.J before any Sale be made of any Real Ejlate, the Executor or Admi- niftrator ftiall give yA,>/^ Z)«jipublick Notice, by porting up Noti- fications m the moft publick Places in the Town where the decea- fed Perfon laft dwelt, and in th.p.blick Prints, if any fuch there be , and whoever will give moft ftiall have the Preference in fuch Sale. And in Cafe the Eftate of fuch Intrjlate ftiall be Infohent, the Executor or Ad- r ChLTf f t' like Application to the Governor or Commander n Chief for the Time being, and His Majefty's, Council, for an /-TO andfcr the Appointment of Commiftloners to inquire into iuch Jnfolvency, and to examine and fettle the Claims of aU Creditors and the, Amount of the Eftate of fuch /«>/^«;,, and to authorize fuch Lxecufor or Adminiftrator to fell all the Z^^. and TenerHent, of fuch L,olvent, and to divide the Produce of the whole of fuch Eftate in due Proportion to and among the Creditors. ^ XX. 54. Get. Where Perfoml Allets aiedefieientj Real Kftatc (hill lie (old for Payment of Uebii and Lega- cies. 34. Ge$. I. Ct. J, In cafe of Inlolvenc Edates, the Gover- nor or Commander in Chief for thr Time being,and his Majerty't Council (hall appoint Com- inilTioners to fettle theClaimiafCredi- tars, ii to fell Real Sllatttofay iklKii ■■•"ry^:t"T'iF'i''«vmmmi aV. Eiecuiori to give Security for i juil Oiftribution. /tntto Tricejfimo Secundo Regii Ciioroii II. Cap. IX. 175R. Lwdi, Itc. fold by Virtue of thii Aft, to be the ibfulute Property of the Fuichklcr. I; rrnmble. XX. 34. Geo. 2. Ch»p. 5. Scdl. 4. And be it furtlfr EnnfUd^ . Xhat every Executor or Adminiftrator, who miry, be aii- thorifed and impowcred to make Sale of any Ki.al Eftatc, fliall, before fuch Sale made, give Bond by himfclf, or his lawful Attorney, with Two Sureties, at tlie Office of the Regifttr of the Court of Probates, in the County where fuch Real Eftate (hall lie, for the juft and legal Diftribution of the Monies arifing from fuch Sr.'.f, in the full Value which, by the Report of the Commiffioners for that Purpofe appointed, Ihall be certified to be neceflary to be raifcd by fuch Sale. XXI. Sedt. 3. And be it further Enabled by the Aullority afrrffaid. That all Lands, Tenements, or Hereditamcntsi fold by any Exe- cutor or Adminiftrator by Virtue of the Aft aforefaid, (hall become theabfolute and undoubted Right and Property of the Purchafcr or Purchafers thereof, from and after the Time of fuch Sale. CAP. IX. An A C T to prevent the Sale oi Slop Cloathing, and for puniftiing the Concealer r. or Harbciirers c,f Seamen or Marines deferting from the Rojial Navy* •^^n-a-ii FIF REAS for the better carrying vn the frefetit War, it y^t i has 'been His Moft Gracious Majcfty's Royal Will and Plea^re >: :i from fme to time, to fend large Squadrons of Hn SLups of ^:<»' W .nto North-America: And Whereas the Harbour of Halifax i«/i» His Maj.Jly's Province 0/ Nova-Scot. a, /..;» >ts S,. Zion, great Convenience, and Safety for Capital Sh,ps, h.thak^.s tittertobeen. and pr.bably during the War, will contuse ^ to be the Re.- dezvous ofhu Majejly's Fleet in that Part of His Kra.ncznDomntcrs. Jnd Whereas many and great Inconveniencies have anfen to thejervue of U r Royal N^y. by Perfons enticing, affifting, harbouring and conceah^g Sea ^rS;/.i His MajeJly'sShips, and by buying the Slop Cloath^ tjfued TalT onboard His Majejfy's Ships-, by mean, thereof they becc^e fub. ir X. t75^' ■ tbfr EnitftcJ, ry, be aii- Eftiito, niall, his lawful the Regifttr 1 Real Eftate luii'ieii urifing Lcport of the ertified to be trity nfcrffaid, by any Exe- fhall become e Purchafer or :h Sale. 4 7(38. ^^>lo ^rUejilmo Samith Rt^is Gcoaciii II. C\i'. IX. 37. Cloathing, Harbourefs I the Royal frefoit War, it HI and Pltafure^ of His Ships of the Harbour of ;a, from its Si- pj, fjath akva\-s ! to he the Rev- •Ican Dominici:!. thtfervice of tl e d concealing Sea- p Cloathi ijfucd to 'they becoftiefub- Cloathing topro- forDuty, become them againft the ■apices, the Com- a Neceffity of dc- *njudsce of their Health Uenltb by fucb Confinement and ■want of F.xerdfe, tut tilfo to the Difad. vantage of the Province, from the want of the Affijlance and Labour of Jueb Seamen. For remedy ^\ixir\ioi. Be it ettal:led by His Excellency tht Governor, Council and AJ'embly, and by the Author ily of the fame it is hereby Enailed, That if any Pcrfon ftiall entice any Seaman or Marine to defert, or harbour, concual, or aifift any Dcfcrtcr from any Ship of JVar, knowing him to be fuch, th« Pcrfon fo oifcmling /h.all for- feit the Sum of Twenty Pounds, on Conviftion by one or more crc- diblc Witnefs, before any Ujree Jufticcs of the Peace, (qttomm itnus) for the Ufe of His Majefty's Government, to be levied by Diftrefs, and for want of fuch diftrefs the Pcrfon fo offending ftiall be committed to His Majefty's Go.il, there to remain without Bail or Mainpriic for theSpace oifix Mouthi,or till fuch Time as the faid Einu ftuiU be paid. II. And be it further Enalfed, That if any Pcrfon ftiall buv or receive «s a Pledge, or Exchange any Slop Cloaths from any Seaman or Marine belonging to any of His Majefty's Ships of ft^ar, upon Convidtion there- of, or Confeftlon, or by the Gath of one credible Witnefs, or if fuch Cioai'-s ftiall be found in the Poflcflion of any Pcrfon, upon Complaint th:-, ' jy were bought from» or pledged or exchanged by fuch Sea- men or Marines; in fuch Cafe the Party offending ftiall pay a Fine of Five Pounds, forty Shillings of which to the Informer, and Three Pounds to the Ufe of His Majefty's Government •, and the Cloaths Ihallbc taken from fuchPerfon and returned to fuch Seamen or Marine^ and he to be utterly debarred from Recovering in any Adtion, the •Purchafe or Loan Money for the fame. Any Pcrfon offending may be convifted of fuch Offence before any one or more of His Ma. jefty's Juftices of the Peace, who are hereby impowered to levy the Penalty by Diftrefs, and in Default pf Diftrefs to commit the Offen- der to Hi' Majefty's Goal, there to remain without Bail or Mainprize for the Space of two Months, or till fuch Time as the Penalty ftiall be paid. III. Be it further EnaSied, That it ftiall and may be lawfui for any Pcrfon, upon feeing or knowing of any Seaman or Marine belonging to any of His Majefty's Ships of IVar, felling or expofing to Sale any of his or their Cloathing or Slops, to apprehend fuch Seamen or Marine, and carry him or them immediately to fome Juftice of the Peace of the County, who is hereby impowered to commit fuch Sea- man or Marine to Flis Majefty's Goal, and to deliver him or them over to the Captain or other Officer of the fliip to whom he or they may belong. IV. And be it further EnaEied by the Authority aforefaid. That on In- formation made on Oath, before any of Hi« Majefty's Juftices of the Peace, by any of the Officer! of His Majefty's Ships of War, That •ne fcrfoRi enticing Semen or KtiirinM to defert, icQ. forfeit it'io. or (• (■tier Six MoDlhf Iinprifonment. Convi^ion before three juiUaci. Penalty af^j.kuj- ing, &c. igy Sl«j> Cloathiii|. Any Ptrfon ffl»y ipprehend Seimen •r Marines fellinj; their Cloath».j 11,1:1 kvj Jallicc miy grant a Warrant ta fearch forDefertetl , wkere the Oficet kai been ref^fe^ iS, Juikj Tr'ucjj'.mo SrL.vhlo Rrj^is- Gvan^ii II. C.w. IX. 1-58. Conftable to feirsh in ConiFaRv ot one Officjr only. Perfont wfufinj Admittince forfeit £to. Any Juftife may in the Night rfe- ntnd Admitttnca, «nd on Refufal, the Mailer of thcHoufe toforftlt £.io. or fufTerfiz Menthi Lnprifuiunent. Dffertert to be committed till de- livered to their Officeri. AAmadefcr^tuiia one or more of the &/wc;/ in Flis Majcfty's Service have deferted or abfconded, who there is Reafon to believe lie tonccakdin fome Dwell- ing or Outhoufc, where the faid Otficcr h:is been refufcd Admittance, that then it ihall and may be lawful forfuch Juftice of the Peace, le- fore whom fuch Complaint is made, to iflue his Warrant to fome one or more Conftables impowcring him or them, in the Day Time, to fearch for faid Defcrters or Abfconders, in any Dwelling or Outhoufc that (hall be fufpedcd for Concealing faid Defcrters or Abfconders, accompanied by one Officer only, either Lieutenant or MidjJjtptiuiu, and no other Seamen or Marine with him, and in Cafe any Mafter or Miftrefs of any Dwelling-Houfe or Outhoufc in this Province, fliall refufe En. trance to faid Conftable or Conftables, fo impowcred by Warrant as a- /orefaid to fearch for faid Defcrters or Abfconders, they fhall forfeit the Sum of Twenty Pound^^ upon Conviftion, to be levied by Warrant of Diftrefs under the Hand and Seal of two of His Majefty's Juftices of the Peace, from off the •Offenders Goods ; and for Want of fuck Diftrefs, (hall be committed to His Majefty's Goal for fix Months ; nnd that it ftiall and may be lawful for any of His Majefty's Juftices of the Peace, who arc herebyrequircd upon Information on Oath as aforefaid in the Night Time in his own Perfon, attended with the Conftables, ac- companied by one Officer, either Lieutenant or Midjhipvian, and no other Seaman or Marine with him, to demand Entrance into any Dwell- ing Houfe or Outhoufc in this Province, on Sufpicion of Defcrters or Abfconders being concealed there, and the Mafter or Miftrefs refufing Entrance to fuch Juftice of the Peace fo demanding Entrance in the Night Time, ftiall forfeit the Sum of Twenty Pounds, to be levied as a- forefaid upon Convidion ; and for Want of fuch Diftrefs, to be com- mitted to His Majdly's Goal for fix Months ; the aforefaid Sums to be for the Ufesofthis Government : And that the Perfon or Perfons fo apprehended fuppofed to be Defcrters or Abfconders from His Ma- jefty's Service, ftiall be committed to His Majefty's Goal, until Proof Is made before one or more HisMajefty's Juftices of the Peace, of his or their Defertion or Abfconding, and then to be delivered up to fuch Officer or Officers of HisMajefty's Navy, who ftiall make D;»i;and of faid Deferter or Defcrters. And in Cafe faidPcrfon or Perfons fo com- mitted are not Defcrters, Abfconders, or ftitll not be in His Majefty's Service, then fuch Perfon or Perfons to be difcharged without Coft. V. 34. Geo. 2. Chap. i. That the aforefaid Aft ftiall be, and the fame is hereby made perpetual. CAP. X. ir^s. 1758. Anno fricejjmo Stcundo Regis GiOReit II. Cap. X. Jf- C A P. X. An ACT relating to Treafom and Felonies, ♦)3(.*1375S. ManflioghtJ r by Miii'uriune &c. ^ '% ■Mil I Her of Baftard Children. felony without Clergy. Eng. Slut. 2 1 .Ja. I . t. 27. ctntinucd ty Eng.Slal. Car, I. t. 4. till coHliniiiil er difinitinmd by Par- liemtnl. Buggery, Felony without CUrgy. Mug. Stat. l^HtH. 8 (. 6. rt-vifeJ y maJt pirptlual ty Eng. Stat. f. Eli». c. 17. Affiult with Intent to commit Buggery, Pillory, ic. Ripe. Felony without Clergy. Eng. Slat. M^tft. 2. 13. EJ. l.(. 34. Complaint in ten Days. By Eng. Stat. Wtjl. 1.3. Ed.c. 13. Afpeah o/Rapi nvtri limit ttl tt 40 Day I. yiJit. Hah'sxHiJi. P. C. 63Z. 633. IV. Provideii, That this Aft fliall not extend to any Pcrfons, w lia (hall kill any Pcrfon in his own Dtfence or by Misfortune, or in any otlicT Manner than as aforefaid, nor (hall extend to any Peifons who in keeping the I'c.ice, fliall chance to commit ManJIuKghter, fo as tiie faid Manjlaughter be not committed wittingly and of Purpofc, uiider pretext and colour of keeping the Peace ; nor fliall extend to any Pcrfon who, in chaftifing or correfting his Child or Servant, fliall befides his Purpofe, chance to committ ManJIaugtber. V. ylnil be it further EnaBed, That if any Woman be delivered of any Iflue of her Body, Male or Female, which being born alive, fliould by the Laws of the Realm of England be a Bafliard, and that Ihe endeavour privately, cither by Drowning or fecret Burying there- of, or at.y other Way, either by herfclf, or the procuring o( others, fo to cc.-;ceal the Death thereof, as that it may not come to light whether it were born alive or not, but be concealed, ths Mother fo offending fliall fuffer Death as in Cafe of Murder^ ex- cept fuch Mother can make Proof by one Witnefs, that the Child whofe Death was by her fo intended to be concealed, was born dead^ VI. And be it further Em^ed, That the deteftable Sin o( Buggery committed with Mankind or Beafl:, fliall be adjudged Felony, and fuch Proccfs therein be ufed as in Cafes of Felony at Common Law, and the Offender or Offenders being conviftcd by Verdift, Confef- fion or Outlawry, fliall fuffer the Pains of Death, and Lofs of their Goods, Lands and Tenements, as Felons, and no Perfon guilty of fuch Offence fliall be admitted to his Clergy : And Juftices of the Pca«e fliall have Power to inquire of the faid Offence as in other Felonies. And if any Perfon or Perfons, fliall make an Affault, with an Intent to commit the Sin of Buggery, fuch Offender or offenders, fliall, on due Conviftion thereof, be adjudged to ftand in the Pillory, ?,..d may, for further Punifliment, be fined, imprifoned, or be bound in Sureties for his or their good Behaviour, at the Difcretion of the Court. VII. And be it further Enacled, That if «ny Perfon or Perfons fliall, by Force, and againfl; the Confent of any Woman, or Infant above the Age of Twelve Tears, have Carnal Knowledge of her Body, every fuch Offender or Offenders fliall, on due Conviftion of fuch Ravifliment, fuffer as a Felon without Benefit of Clergy. Provided always, that if Complaint fhall not be made of a Ravifliment within ten Days afterwards, before one of His Majefty's Juftices of the Peace or other Magiftratc, that thcJi fuch Faft fliall be adjudged to x. I75U. 58. Anno Tricefftmo Secuiulo Regis Georgii II. Cap. X. 3i- 'crfoiis, wlio lie, or in any PeiTons who 'et\ fo as ti'.e rpofc, uiider (ctKiid to any frvaiit, iliall delivered of ; born alive, ird, and that irying there- iroeuritig of f not come nceakd, ths Murder, ex- fit the Child i, was born of Buggery Felony, and ommon Law, lift, Confef- nd Lofs of 'erfon guilty iftices of the as in other an Aflault, Offender or ;ed to (land imprifoned, our, at the *erfons fhall, [nfant above of her Body, tion of fuch Provided mcnt within Hces of the jc adjudged to Rnpe on Inlanu ; Kclory without Clergy. Bug. Stat. 18 E/iz. c. 7. 9»iJ. 4. AfTault with Intent toraviUiPillory.&c. to have been committed by and with the Confent of fuch Wo- man or Infant. VIII. And he it further Enabled, That if any Perfon fliall unlawfully have Carnal Knowledge of any Female Child under the Age of twlve Tears, tho' with her Confent, every fuch unlawful and Carnal Knowledge fhall be Felony, and the Offender being thereof duly con- viiftcd, fli.ill fuffer as a, Felon, without Benefit of Clergy. And every violent AfTault and Battery committed on the Body of fuch Woman or Infant, with Intent to ravifh, (hall be punifhed by adjudging the Offender or Ofi^enders, upon due Convidlion there- of, to ftand in the Pillory, and the Judge or Judges of the Court, wherein he fhall be fo convicted, may for further Punifh- ment, Fine and Imprifon, and require Sureties for the good Be> haviour, at his or their Difcrctlon. IX. And be It further Enatitd, That if any Perfon or Perfons Burghry. fhall by Night break opr- nd enter any Dwelling Houfe, Shop ^;"\^l"'i^^"'"-^- or Warehoufe, or any VefTel lying fo near the Land that it be \%Eht..c!T.Sea\. adjudged within the County, with an Intent to commit any Felo- ny, whether fuch felonious Intent be executed or not. X. Or fhall rob any Dwelling Houfe in the Day Time, any Perfon being therein, or break any Dwelling Houfe, Shop or Ware- houfe thereunto belonging, or therewith ufed, in the Day Time, and felonioufly take away any Money or Goods of the Value of Five Shillings therein being, altho* no Perfon fhall be within fuch Dwelling Houfe, Shop, or Warehoufe, or fhall reb any other, or felonioufly take away any Goods in any Dwelling Houfe, the Owner or any other Perfon, being therein and put in Fear. XI. Or if any Perfon or Perfons ffrall by Night or by Day, rob or by Violence take Money, or Goods, from any Perfon putting him in Fear, in any Highways, or in any Streets or Lanes of a Town. XII. Or fhall Felonioufly take Money or Goods from the Per- fon of any other, privily without his Knowledge. XIIL Each and every of the Off-cndcrs aforefaid, their Aiders and Abettors, ffiall, upon due Convidlion, fuff^er as Felons, with- out Benefit of Clergy. XIV. And he it further EnnSed, That if any Perfon or' Perfons fhall fleal, or take by Robbery, any Bills of Exchange, Bonds, Warrants, Bills, or PromifTory Notes for the Payment of Money, being the Property of any other Perfon. ,xnt^.:.ua^^A\ -r the Rohbcry by Day. Eng. Stat. 3 mil. ^ Ma.(.<).StMi. Robbery frnm the PerloninHighwiys, fee. by Nijht ut by Day. Eng. S/«/. 3 Will. (JMa.t.().Sia. 1. Stealing privily. Eh[. Stat. 8. kin t. 4. iHawle.P.C.c 3?. Aideri it Abettor). Felony witliouc ClMjy. StetKng Kitli uf Exchange, 5cc. Eng, Stat, 9. ^, 2.iat f. 25. I! |l 32- '■j i 4i J 1 I 1 1 1 ' • Nst to work Cor- ruption ot Blood &.C. Receivtrt of Staltm Couis, Accefliries. E>!£. 5/4/. 3 ¥V/;4i' A/d. f. 9. St^. 4. Puniftitble «t for Mildemeanor, chough Priacipal be not coBvidied. Eng, Stat. I. .«*». St»f.x.c.fc^dirig T^^ei Months^ as the Judges, in their Dlfcretion, flid'l think ftf. XXIII. 15. Geo. 3. Ch. 7. Be it EnaSfed^ by the Govmter^ Crttn^ cil and Afembly, That it fhall and may be lawful for the Court be- fore whom any Offender fhall be fo conviAed as of Petit Lartenyy to punifh fuch Offender by Whipping or Imprifonment or Commit- ment of fuch Offender to the Houfe ofCorreAion, there to htfoX. to hard labour, the faid Imprifonment or ComAiitment to rii<$Honfe of Corredion not to exceed Three Months, and within that Space for fuch Time as the Judges in their Difcretion fhftU think fit. uwus Hettfebirntng. Bug. Stt. 2i Htn. t. €. 3. AnonjnMtuLsttertt Srk.5tst.^.GM.t. t. St. S*a. I Stciliag in *ny other Mmncr. Brit. Sim, ^.Gn.t, t. II. Sifl. I. or io>b«tilling tkt Kiag't Sterei, Luctny & F«lM)r. Is CoBviAions ct petit larceny Cour; impowered topunifli Offenrfert by whip- ping or inprifoa- meat. if! tels 34. jlnno Triceffimo Secundo Rtgh Geokcii II. Cap. X. '758- PL. Rellitution of Sto- len Goodt. EngStat. 21. Hin.8, c. II. a. Hatvt. p.c.c. lySia. 49-58. Where «o Owner ippeirs, Goodi to be forfeited. To be given byjury to Profcciitor, the' Evidence Jiot ia&. cient to conviA Of- fender. Not to debir the Party of hit AOion Acecflariei. 1*X° Slat. I. jIh. Slat. 2. c. 9. Sia. I Clergy allowed but once. Offendert to be burnt in the Hand, Eiig.Stat.^.Hin.7. t. 13, !»/. Slat. 5. itm. e. 6. Sia. 4. And difchiried out of Prifbn. M'g. Stat. 18 Elix, «. 7. Sia. 2. 3. tels, Merchandizes, or Stores, found in Pofleffion of any Burglar, Houfebreakcr, Robber, Thief, or Purloiner, (hall be delivered by the Jufticc of Peace who ftiall take the Examination of fuch Offender, into the Cuftody of the Provoft Marlhal or his Deputy, or Confta- ble of the Town where the Offence Ihall be committedt who (hall be anfwerable for the fame until the Offender be convifted •, and the Judge or Judges of the Court, wherein fuch Offender ftiall be convidtcd, ftiall order the faid Money, Goods or Stores, to be re- ftored to the lawful Owners thereof v and where no Owner ftiall ap- pear to claim the fame, they ftiall be adjudged to be forfeited. XXV And in Cafes where the Evidence ftiall not be fufficient to convia ofa/ir/o;Mow intent, and the Jury ftiall declare that thePro- perty of fuch Money, Goods, or Stores, is in the Profecutor, it ftiall and may be lawful for the Court to order fuch Money, Goods, or Stores, to be delivered to fuch Profecutor. XXVI. Provided neverthelefs. That fuch Delivery ftiall not debar the Party fo acquitted, or any other Pcrfon who may claim the fame, from his or her Aftion for the Detainer of fuch Money, Goods or Stores, fo delivered to the Profecutor. XXVII. And be it further Enailed, That notwithftanding the Al- lowance of Clergy, and burning in the Hand of any Principal Offender, the Acceffariei to fuch Offender ftiall be arraigned and tried in the fame manner, as if fuch Clergy had not been allowed. XXVIII. And be it further EnaHed, That every Perfon which once hath been admitted to the Benefit of his Clergy, being afterward* arraigned, ftiall not be admitted to the Benefit of his Clergy % and that every Perfon convided for Manjlatighter, ftiall be marked with an M, upon the Brawn of the left Thumb, and for any other Ft' lony, the Perfon convifted ftiall be marked with a T, in the fame Place : Thefe Marks ftiall be made by the Goaler in open Court. And if any Perfon convifted of any Felony, for which he ought to have the Benefit of his Clergy, ftiall pray to have the Benefit of this AA, he ftiall not be required to read, but without any reading ftiall be allowed to be, and puniftied as a Clerk Convidt, which ftiall be as effedual and as advantageous to him as if he had read as a Clerk. XXIX. And after Allow4nce of fuch Clergy and Burning in the Hand, fuch Perfon fliall be enlarged and delivc-d out of Prifon, by the Judge or Judges of the Court befor.-. whom fuch Clergy fliall be granted : Saving that fuch Judge or Judga i.my, for the fur- ther Correftion of fuch Perfons to whom Clergy i'hai? be allowed, keep them in Prifon, or fend them to the Houfc of Corredlion, for iny Burglar, red by the li Offender, , or Confta- It who (hall i^ifted v and icr ftiall be , to be re- :r fhall ap- oifeited. be fufficient that thePro- ator, it ihall , Goods, or 11 not debar im the fame, f. Goods or ing the Al- ia/ Offender, tried in the 1 which once ; afterwards Clergy i and narked with y other Fe- fame Place : pen Court, he ought to : Benefit of : any reading , which fhal! had read as rning in the It of Prtfon, fuch Clergy for the fur- be allowed, Corredlion» for «758. Anno Trufjimo Seauido Regit Georoii II. Cap. X* for fuch convenient Time as the faid Judge or Judges . their Difcre- tions, fhall think fit, fo as the lame do not exceed One Tear's Im- prifonment, or to puni/h them by publick ' Vhippijig. XXX. And that where a Man, ronviftcd of any Felony, m»y demand the Benefit of his Clergy, a Woman .conviefore he or ihe be admitted to give Evidence, (hall firft take an Oath to depo(e the Truth,' in fuch Manner at the WitneiTes for the King are, by Law, obliged to do} ana if any Witnefs be conviAed of willful Perjury in fuch Evi- dence, he (hall fuffer all the PeAaltlet, Forfeitures and Difabilities* ^ich', by Law, iaaj be infliAcd on Perfons conviAed of willfull, XXXVI. And U it fkrthe^ Mnatfa, That A\ tndlftmeritt, Pro^ cefs. Pleadings, tad Trials,- aAd tfie Kules of Evidence apoh anf Trials (ot any Ftlmtiet or MS/demeoHen^ tithcr by the Couirtion LtW of England^ or b^ Virtuie «f thif AA, (httt be sKCorduig to thtt Ufuage, PraAtcii tftd Vt^ft «f England. XXXVII. And that all ConviAions, Attainders, Judgments, and Executions, for utf F4kma m* Mfdmmtertr befoi^ the itiUeiA^ of this AAy ihatt be good and «v' -1 \A La#, aid the dune are httthf tfttified and confihaed. XXtS^ii, Aninig to all and every Perfon and Perfons, tU fiicll Snring for Tisdg. Advantages in Law* upon any Judgment that may be depencUng neou dependinj. („ ^y Court of Record^ at the Time of making this AA, in the fame Manner a» if tim Ad had not been made. I TheTriilor»M«r. dererthat ftrikcior poifoni a Man in one County which diech thereof in toother Csuatjr. itliX.1%. 6. Gee. |. Ch. 3. Be it EnaHed by the Uetitenant Gf* vernor^ Council^ and Ajjemhlyt That where any Perfon or Perfons (hall be felonioudy (bicfcen «r poifoned in one County, and die of the fame ftroke or poifoning in another County, that then an Irf- diAment thereof found by Jurors of the County where the Dei^ ihaii happen, whether it (haii be found before the Coroner upon the I >75«- ;he Bene- rfon (hail \in oncey being aU the Bene. s ClergYif il, before ^hereupon )f indiifled id may be f no fuch en. who ihdt e PrifonSf : admitted Truth,' in obliged to fuch fevi- )ifabilities« >f wiUfuU. eilts, ftio^ upoh anf imon Lvtt dg to thtt nenta, tnd AialctA^ of art Kttthf «, aU fiicft depeniUng A, in th« ttetiatrt G^ ir Perfons Jid die of en an Iil« the Dei«h oner upon the tysB. Anno TricfJJlmo Secundo Regis Georcii II. Cap. X. 37- Appe»l »4»uiAtk« Acccffary. the Sight of fuch dead Body, or before the Jufticcs of the Peace, or other J.ftices or Commiffioners which ftall have Authority to enquire of f.ch Offence^ ihall be as good and effedual in the Law as .f the ftroke or poifoning had been committed and done in the fame County where the Party /hall die, or where fuch In- tfjZ ; f /°""'^ ^"^ ^^" *" ^^^-g^ *° '^^ -ntrary rot.uhftand,ng: And that the Juftices of 0,.r and Terminer and i^oal Dcitvcy, ,n the fame County where fuch Indidlmcnt at any l.mc hereafter /hall be taken, /hall and may proceed upon the fame ^n aU Points, as they /hould or ought to do, in Cafe fuch felonious stroke and Death thereby enfumg, or poifoning and Death thereof «nfuing, had grown all in one and the fame County. And that fuch Party to whom Appeal of Murder /hall be given by the Law «n. . . may commence, take, and fue Appeal of Murder in the fame County cTmU" W Where the Party fo feloniou/ly ftricken or poifoned /hall die, as well ^'^-^ »^°'«i""» «>•" Tf '\^r''^'^ ^^ 1'--?=^'^. -againft every Acci/Tar^ to ' *"""^- the fame Offences, in whatfoever County or Place the Acce/Ihry or Acce/Iines /hall be guilty of the fame. And further, the Jufticcs before whom any fuch Appeal /hall be commenced, fucd, wd ta- ken, within the Year and Day after fuch Murder and Man/laughter committed and done, /hall proceed again/l all and every fuch Ac- ce/Tary and Acce/Taries, in the fame County where fuch Appeal /hall be fo taken, as well concerning the Trial by the Jurors, or Twelve Men of fuch County where fuch Appeal or Appeals /ball be hereafter taken upon the Plea of Not Guilty pleaded by fuch Of- fender or 0/i'enders, as otherwife. XL. Seft. 2. And be it further Enatte,^, That where any Murder or Fe- lony hereafter /hall be committed and done in one Countv. and another t • , r . ^ Perfon or moi. /hall be Acce/Tary or Acce/Taries m^ mII ^/i'^ncCot??; of wife to any fuch Murder or Felony in any other County, that 3o'l!;t"n«t«"'^ then an Indiftment found or taken againft fuch Aece/Tary and Ac C^'""/- ce/Tanes upon the Cucum/lancc of fuch Matter before Juftices .rf Oyer and terminer, and Goal Deliven, appointed to enquire of Fe- lonies m the County where fuch Offences of Accefliry or Accet janes m any Manner of wife /hall be committed or do,e ft,M be as good and effedual in the Law, « if the faid princiniu Of. fence had been committed or done within the fme Coanty^W the fame Indolent againft fuch AccGkrj /haU be found. Aai that every fuch AcceflWy and other Offenders abore exprefcd, fcaU anfwer .apon their Arraigm«cnts, «:d «cei.rc fiick Trial. Judgment Ord«-, and Execution, .nd fuffer f^h Fcrfmmm, P««s and Penalties, as is ufed in other Cafes of Felonv .. =,nv L-- or Cuftom fo the contrary heretofore ufed in any wife' notwlthftandlng. K XLI. SedL J. 'II 38. Jmio -Triceffimo Sccuiido Regis Gboroii II. Cap. X. 175S. Eig.Stat.i^.Ed. 3. Stat. 5. c. z. Petit Trclfon. Bug. Stat, x.if t. Ph,t.(iMt,r.e.\x. t. W 3. Phil, (i Mar. c. 10. The Jiifticej Duty in ihc Examination and B^ilement of a Prifoner, and in the Eiimini'.ion of Witneffes and cer- iSiying thereof. Felenyor any Per- son to be Bail in *■ nother Min'i Ntme. XLI. Sf'' , ■ EwifM/, That if any Woman with Malice pre- penfe, ftiaU kiii 01 ■x.-.are any other Terlbn or Perfons to kill h^c Hulbanil •, or if any Servant with Malice prepcnfc, fliall kill or procure any other Perfon or Pcrfons to kill his or her Maaer Or Miftrcfsi the Perfons fo offending, their Counfellors, Aide is, and Abettors, privy to the Offence, Hiall upon due Convidion, bo adjudged guilty of Petit Trcafon, and fuffer Death without Bene- fit of Clergy accordingly. XLIL Scdt. 4. .'Int! be il further E>m^err and Terminer or Goal Delivery, to be holden within the County where the Trial of fuch Murder, Manflaughter, or Fe- lony, (hall be, then and there to give Evidence againft fuch Prifuncr j and that the faid Juftices (hall certify the faid Bonds or Recogn:- xanccs taken before them, in like Manner as the Examinations of fuch Prifoner, and the Witnc(res, arc herein before direc^tcd to U certified. XLIII II. G^o- 3- Chap. 3. Beit Enamdhy theCcv^rfor, Cm'.ai, ^nd Apmbly, That any Perfon or Perfons who (hall before the Judges of the Supreme Court, or other Judges, or other Perfons impowercd by Law to tako Bail, or Bails, reprefent or perfonate any other Perfon or Pcrfons, whereby the Perfon or Perfons, fo reprefentcd, or perfonatcd, may be liable to the Payment of any Sum or Sums of Money, for Debt or Damages, to be recovered m the fame Suit or Aftion wherein fuch Perfon or Perfons are reprefentcd or pcr- fonated as if they had really acknowledged and entered into the fame, being lawfully convidtcd thereof, (hall be adjudged, efteemed, ind taken to be Felons, and fuffer the Pains of Death, and incur fuch Forfeitures and Penalties as Felons in other Cafes convitflcd and attainted do, by the Laws of England, loofe and forfeit. CAP. XI. m I758« Anno TriceJ/imo Sectmdo Regit Georcii II. C/\p, XI. 1758. 39- ^lalice pre- to kill ln.T ,all kill or ler Mailer 3, Aide 13, vidlion, be hout Bctte- ticcs of the rder, Man- : the fexa- hat brin(j ,tnc, or as i be put in : Bailment ler is char- »er or Go,: I (Tion : And e or Obli- h Murder, It the next Idcn within ter, or Fc- h Frifuncr ; or Recogn:- ninatiors of edtcd to b; ■nor, Ccuncil, I the Judges iiTi powered E any other jrefentcd, or or Sums of fame Siiit ted or pcr- ed into the d, efteemed, 1, and incur "es convidcd d Forfeit. C A l\ XI. CAP. XI. An A C T for preventing T'refpajfes. ^r/^y^^ ^- ^^ Eniiilt'd by the Cover uor. Council and AJfenhly^ and C^'^'j'0 h the Authority of the fame, it is hereby Enai/ed, That all 5J^j. .-...('^ Fences belonging to any inclofcd Lands, fhall be built 15?>;X?4(>< and made with Stone, Pickets, Boards, or Pofts and Rails, or Log Fence, unlcfs the Land.s arc bounded by Ponds, unfordablc Rivers, or the Se.i. And fuch Fences fhall be at leaft four Feet and an half high ; except in the Townfhip of Halifax, where four feet (hall be deemed a lawful Fence, and if any Damage be done by breaking any In- clofurcs,anddcitroying any of the Produce thereof, by any Horfes,Sheep Goats, Swine or nent Cattle, if fuch Inclofures fliall at the Time o( fuch Damage be inclofed by a good and fufficient Fence, agreeable to Law ; the Owners of fuch l^efpafling Cattle (hall pay to the Par- ty injured the Value of all fuch Damages, to be aflcrtaincd on art appraifement thereof by three credible Perfons, living in the Neigh- bourhood, being firft fworn before one of His Majeily's Juftices of the Peace, where fuch Lands lie, truly to value the fame -, and the Perfjn or Perfons againft whom the faid Trefpafs (hall be committed, lliall and may impound the laid Horfes, Sheep, Goats, Swine or Neat Cattle, and the Keeper of the Pound (hall caufe th« fame to he cried as foon as may be, and if the Owner or Owners of fuch Horfes, Sheep, Swine, Goats or Neat Cattle (hall negleft or refufe to the Keeper of the Pound, the damages aforefaid, for the Ufe of the Perfon futfering by fuch Trefpafs, together with if. per Day for the Keeping of each Horfc, or Neat Cattle, and 6d per Day for each Sheep, Swine or Goat, together with the Charges of Crying the fame within Fourteen Days after the fame fliall be impounded, the faid Horfes, Neat Cattle, Sheep, Goate or Swine, laall be pub-, lickly Sold, and the Money arifirg from faid Sale, after de- ducing therefrom the Damages aforefaid with the Charge of Keeping: and Crying (h^dl be paid to the Owner, and if no Owner (hall appear, then to the Ovcrfecrs of the Poor for theUfe of the Poor of fuch Townfi.Ip. II. And whereas the Owners and Proprietors of Fields and Lauds, lying and bciu^, adjoining to other inclofed Lands do negleil to Fence in . their Proporticndle Part of fuch Lands. Be it Enabled, by the Authori- ty aforef.iid. That the Proprietor of any Field or Lands adjoining to others inclofed or improved, (hall build up or maintain his Part or Porportion of Fencing, with a Good and fufficient Fence of four Feet and a Half high, on that Part of fuch Land as is adjoining to his own, and in cafe he negledls fo to do within ten Days after Notice given him, it (hall and may be lawful, and a.iy one of the Fence Viewers upon Application being made to him, is hereby impower'd forwith }2. Gi: 2. Ch. 14. Fencci to be mad* of Stene, ir. Camaget of tref- p^fing Cattle, ko«r to be paid. ProprietarsofLandi to fence th(ir Pr«< portion. On Neglect the Fence Viewer to crcftr«pairtk*fwi« li' -J' 40. Anno Tricfffmo SeHi ,ln Re^is Georcii II. Cap. XI. 1758. fruivyori of High- •*«yi to luve the chir|cofftreeti,&c. reniltyenrerfoiu, Ttfcaing. Proprietor! i» repair Streets bordering on the Lmdi, forwith to caufefuch deficient Fence to be raifcd or made, or other- ways to repair any Fence already nude if the fame is infuflicicnt, and the Ferfon or Perfons that of right ought to build and maintain the fame, /hall pay double the Coft^ and Charges expended for the doing thereof. Provided glwavs, that no Fence Viewer (hall be al- lowed more than three Shillings pet Day for hi. own Trouble and Time expended herein, and if any Fence Viewer when notified ih.ilJ neglcdl hie Duty hetein, he AuU forfeit Forty Shillings for every OifeiKt. III. And bt it further En^^'ifd, That the Surveyors of Highways (hell luv«the Care and Supcrvifal of all the Streets, Lanes and High- way* of the Town and Suburbs of Halifax^ and are hereby impowered to prevent the fame from being obilruifted or incumbered, and to eau determine the fame. / Pcrfon (hall be rated by fuch Cer- Appeal to the S«f. •'ity Shillings, fuch Perfon may ap- '"'<'"«• .ffiotts of the Peace, who may finally Jullicei in Seffions to make ReguU- tioni. Any Perfon itiiy fei/.e Goati orSwine going at La^ge. VII. Sec. 6. And be it further Enabled, That the Juftices in their ^tarter SeJ/iovs of the Peace in all other Counties within the Province Ihall be nnpowered to make Regulations for preventing TrefpafTos hJ llorfes, Swinc, Sheep, Goats and Neat Cattle going aftray in man ner as ftiall he moft agreeable to the Circumftances of fuch County or Townftiips therein. yill. I Geo 3. Cb. 10. That any Perfon tranfgrefling fuch Re- gtilations fomade by the Juftices in the Seflions aforefaid, for the Tr.nfgrefTor. of re- preventing of Trefpafles aforefaid, fhall be fubjeft to a Fine not ex- t''T ^f^'^ '* exceedmg Forty Sbiliings, to be recovered on Complaint or information "' ° before any two Juftices of the Peace for the County where the Offence fhall be committed, or before the Sefllonj in faid County. IX. I. Geo. 3. Ch. 5. It fhall and may be lawful for any Perfon whatfoevcr, to take andfeize all Swine and Goats going at large within the Street, Lanes, and Suburbs o( Halifax, and upon Proof thereof on Oath of one Credible Witncfs before any one of His Majelly's Juftices of the Peace for the faid Town and County, the fame fhall be by hira declared forfeited j one Third of the Value of which, to be paid to the Profccutor, and the Remainder to, and for the ufe of the Poor of the Town of Halifax, and ftiall accordingly be diipofcd of by him for their \J(z. X. 7. Geo. 3. Ch. 8. Sec. 1. That if any Perfon fnot being the Proprietor, or having legal Authority), Ihall prefume to throw dowa or remove any Fence, of Stone Wall, or any part thereof, indofing any Parcel of Ground within this Province, or fhall carry away any Rails, pofts, Gatei, Burs, Boards or any other Materials, whereof Fences are made, or ftiall levell any Ditches, or cut down any Hedges, fuch Perfon ftiall upon Conviftion thereof, before th« Gtrural Seffiom of the Peace, or before any Co«r/ of Record in this Province (over and above the Damages given to the Party injured, forfeit and pay a Sum not exceeding r«, Pourtds, one Half to His Maieftv and the other Half to the Profecutor-, and if fuch Perfon fhil be »i»hlcto pay the fame, he ftiall be committed to the HoufeofCor- ^ rcttion, Thr»win| down Stone Fencei, Ac* penalty ^10. I 42. j{n>io Tricejjhno Scciindo Regis Geoiu!ii II. Cap. XT. i7.';S' 1;f if m Horrcs brtakingin- above Damages. Pole or Tlrulh Fen- ces lawful. Difputes how deter- mined. r»rmi bounded by Riven. Peninfula Hnli/ax, Fences 4 Feet law- ful. JiittiM) in Halifax, impowcrd to maite R'cguUtionst redion, there to be kept to hard Labour for the fpace of two Months, or be whipped at the Difcrctioii of the Court. XI. Sec. 2. Tl1.1t all Horfcs that fliall break into any I"i^lof^"cs, within the Peninfula of FLiUfax, lawfully fenced, or that tliai! ho found trefpaffing therein, the owner of all fuch Horfe or Horks, fhall forfeit and pay the Sum of Ten Shilling!, for each and every fuch Horfc, over and above the Damages, which Forfeiture Ih-all be recovered on Proof thereof, before any one Juftice of the Peace, one Half to the Profecutor, and the other Half to the Ufe of the Poor -, and where no Owner fhall appear to pay the Damages, Cofts and Fine, the faid Juftice fliall and may (after public Advertifcment given for Ten Days) fell the faid Horfe or Horfes, and the Sur- plufage over and above 1 he Payment of the Cofts, Damages and Fine, fhall be reftored to the Owner when he appears. XII. S. Geo. 3. Ch. 12. That the Pole Fence as is now com- monly ufed, or any other Fence madeofBrufti, or other Materials, to the Judgment of the Fence Viewer, fhall be deemed and held to be lawful, and if any difpute fhall arife thereon, the fame ftiall be adjudged and determined immediately, and without delay, by any two Men of known Reputation to be mutually chofen by the Par- ties, which two Men, together with the Fence Viewer, or the ma- jority of them fhall and are hereby impowercd to determine the fame •, and in Cafe either of the faid P.arties (hall negled, or refufc to make fuch Choice and Appointment, then the faid Choice fliall and may be made by the Party willing and ready to do the fame. XIII. 8. Geo. 3. Ch. 7. Sec. i. That to all Farms which are bounde' on Rivers, where the Tide flows Eight Feet, and upwards, at common Tides, fuch river fo far up, fhall be deemed a fufficient and lawfull Fence. XIV. Seft. 2. The Juftices of the Peace for the County o( Halifax^ fliall, and are hereby impowercd in t\\igs, to be levied by Warrant of l^iftrefs, one Half to the Informer, and the other Half to the Ufe of faid Road. XVI. 21. G'o. ,^. Ch. 4. That all Partition Fences, between Lands under Improvement fhall be made and maintained from Time to Time, in equal Proportion, by the Owners or Proprietors of fuch Lands rcfpeftively. But when it fliall happen, that it fliall be wood, bar- ren or burnt Land, and not under any Improvement, no proprietor fhall be obliged to make any Part of the F^ence to faid Wood, bar- ren or burnt Land ; any Law, Ufage or Cuftom to the contrary uotwithftanding. CAP. XII. An Adl for making Lands and Tenements liable to the Payment of Debts, y^MX ^ E it Enailed by His Excellency the Governor^ Council^ and •^ ^ ■■54lI'e"'ldy,andl>yiheJuthorityofthefm»e it is hereby Entitled, y^y^f jjf-jj,; That from and after the Publication hereof, when any Perfon or Perfons fliall recover Judgment in any of His Majefty's Courts of Record within this Province, for any Sum or Sums of Money, or for Cofts of Suit, and the Perfon or Perfons againfl: whom Judgment fliall be recovervd, fliall be either unwil ling or unable to fatisfy fuch Judgment by Money or otherwifc, or fufficient Perfonal Eftate, whereon to levy Execution on fuch Judg- ment, fliall not be found, then and in fuch Cafe, Flxecution fliall and may be extended on the Real Eftatc of fuch Debtor or Debtors ; and the Sheriff or his Deputy, upon Requeft to either of them made by the Creditor or Creditors, his or their Attorney or Agent, fliall give Notice in Writing to the Debtor or Debtors, or in their Abfcnce to their Attorney or Agent, to nominate ^an Apprai- fcr, and the Creditor or Creditors fliall have like Notice bo nomi- Bate another on their behalf, and the, faid Sheriff br his Deputy Cutting Jown Un- derbriifli ou Sack- villc Ruad punini. able. Wood, barren or burnt Land, Ow- ners not obliged t* Fence. Execut.jn, upon Judgment, to bi? levied on Pcrfonai Eftatc, and ifinfuf- ficientthen an Real EUateiollkcDebtor by Appraifert to be appoiiited by the Creditor, Debtor, and Slieritr, ■Jf 44. Jnno Tricejimo Secuiido Regis Georgii II. Cap. XII. I«i ind fworn to «p- prailcfuchRcalEf. we ai fhtU be Execution to extend on Rents enly, {if flifficicnt to fjtiffy DebtwidCoft«,&c.) Rents to be paid to the Creditor. J. Cm. }; Ci. t. '75^ Deputy fhall name a Third, being all difcreet indifferent Men and Freeholders ; and in Cafe fuch Debtor or Creditor or either of their Agents or Attornies fhall, for the Space of three Days after fuch No- tice, refufe or negleft to nominate an Appraifer on their refpcftive bchalfs, or in Cafe fuch Debtor or Debtors, (hall be abfent from the Province, and have no known Attorney or Agent, then and in fuch Cafe the Sheriff or his Deputy fhall and may nomi- nate an Appraifer for fuch Debtor or Creditor refpedively : And the Sheriff or his Deputy fhall caufe the faid Appraisers, fo nominated, to be fworn before fome of His Majefty's Juflices of the Peace, faithfully and impartially to the beft of their Skill and Knowledge, to appraife fuch Real Eftate as fhall be (hewn to them. And the faid Appraifers with the Sheriff or his Deputy fhall forthwith repair to the Lands or Tenements of fuch Debtor, and view and examine the State and Condition thereof, and if upon fuch View and Examination, the faid Appraifers, or any two of them, ftiall judge that the annual Rent of fuch Lands or Tenements, will be fufficicnt to pay fuch Debt, Cofls, and lawfull Intereft for the fame, together with the ncceffary Repairs, within Two Years, then the Sheriff or his Deputy flxall extend the faid Execution on the Rents only, and caufc the Perfon or Per'bns in Poffefrion whether Debtor or Debtors, or their Tenant or Tenants, to Attorn and become Tenant to fuch Creditor or Creditors, and fhall pay Rent Quarterly to fuch Creditor or Creditors, who may diflrain forthe fame, if in Arrear, according to the Laws of Great-Bn/ahi, " And " every fuch Debtor or Debtors, or Perfons in PofFeflion of 'the Pre- " mifes, who fhall refufe to attorn as Tenants to the Creditor or Cre- «' ditors, at the Rent fixed by the Appraifers, and fhall refufe or neglcft " to pay the Rent as it becomes due, then in either of thefe Cafes, the " Perfon or Pcifons in PoffefTion of the Lands or Tenements, fhall be " deemed as guilty of a wrongful! T lincr, and fhall and may bepro- '* fccuted accordingly." II. jind h it further Ena^ect, That if upon fuch View and Examin- ation aforefaid, the faidAppraifera or the major Part of them fhall be of Opinion, that the yearly Rents of the Lands or Tenements of fuch DebtcM- or Debtors are not fufficient to fatisfy fuch Debt with Coflt and Interefl, together with the Charg* of needfull Repairs wittiin the Spac© of two Years, then the Execution fhall, and may be levied on Part of foch ^ftate, and whenever an Execution fhall be (o levied, there fhall be five Appraifers fit and difcreet Men, two to bechofen by the Debtor two by the Creditor, and one by the Sheriff or his Deputy, who ftall be fworn to do equal Juftice between Debtor and Creditor iii valuing i I. ^75^- ^75^- Anno Tricaji mo Seatndo Regis Georgii \\. C AP. XII. it Men and ther of their :r fuch No- r refpccflive bfent from , then and may nomi- vely : And )raifers, fo Juftices of r Skill and flicwn to (lis Deputy ch Debtor, nd if upon vo of them, mcnts, will ■eft for the 'ears, then cution on I PofTefTion i, to Attorn 1 pay Rent 3rthe fame, w', " And >f the Pre- itoror Cre- b or negleft : Cafes, the :s, (hall be lay bepro- d Examin. niall be of nts of fuch h Coft and t the Space on Part of there fliaU ^ic Debtor, s Deputy, -rcditor tu valuing 45- v.lumg the fame, and fnall fettoffo much thereof, as they fhall Junk fufficent to iatisfy the Debt with Cofts and Intereft, with as ittle Injury as may be to thcDebtor, and to the ftidRemander ;f the Eft But jt the iaalExecution cannot conveniently be lev:cd up n aPart of fa.d Eftate.or ,i a Part ft^all be infufficient . then the faid ExSut onld DebZor^ D ;f "^^^^'^^^'^"'^ «^'^^ Lands or Tenement: of f^ Debtor or Debtors, and the Sheriff or hi. Deputy Ihall imme d.ately dehver ieizen and Pofleffion thereof to 'fuch Cr ditTor Cred:tor3. and fhall caufe the Perfon orPerfons mPofl-eftion orlmprlve ment thereof to attorn, and become Tenants to fuch Creditor Tcl duors. and m Cafe the Tenant or Tenants.or other Perfon in Pofl-efllo„ or Improvement of fuch Lands, or Tenements. ft.all refufc to atto" and become Tenants to the Creditor or Creditors, at fuch Rentra; fa.d Creditors ft.all think reafonable, and pay the fame as it b 1" due. that then and in cither of thefe Cafes the Perfon . '''""'"" IWemon of faidLands or Tenements fl^allltld':^^^^^^^ full Det.ners. and ft.all and may be profecuted Accordingly ^" Jotint' '' ' ^"''''* "'''' ''' ''"°""'"' ^"^ '' '" *^= ^'-^ "LAB of '' ^"' ^' ^'"f'-^- "" Tenant .'r. r r, r "^^ ^"^""^^y ^"°'"" ""^ become , , . icnant to C. D. of for r , '"'"^ <>* Attorn " Term of '°'" '^e mcnt. zt the yearly Rent of » • u r •. . ^'^ """ ^^ ^""'^ ^*^"^ to be paid Quarterlv w.th L.berty for the faid C. D. or his Attorney to enter i^rTf 5 ;; Premises and diftrain for the faid Rent, if i„ ArCr L ConfidI:f t.on of whtch Attornnunt I have paid the faid C. D. the ,uTn of One > Shiilmg. \Vhnc[% my Hand at ^? ^''y ^'» Witncfs IV. Andhf ., further EnnH.d, That in all Cafes where «n Appraife ment as herem before dire^., J, (hall be made, whether the fame be of Lands or 1 enements, in Part c m Whole, or of the Rents thereof on- ly ; the Appraifcrs (hall make and fubfcribe a true and impartialAp- pra.fement thereof, which faid Appraifement being annexed fo the Executmn, an,^ iuly returned by the Sheriff o. his Deputy andfiled and recc - ,1 , .erewith by theClerk of the Court from whence the fame .flued, m a Book to be kept by him for that Purpofe. and th. Snenff or other OfHcer ferving fuch Execution, (lull imme, dutely execute a Deed of Sale of fuch Lands or Tenements, to fuch Creditor or Creditors, m Conf.deration of the Value found by fuch Appraifers. to be therein mentioned, who by virtue thereof, or of fa.d Kcturn, ihall make a eood Title m fi:rK n..Aw ^- .-. thwi- Hers or AfTigns -n Fu, Subjdt ntvcrthekfs to an Equity of Re- "* demption Apprjjfers temsU »nd fiLifcribe in Apprtifement, to be mnexc J to the Ei- «cution.& retiinicl to th* C;-rk of llic Court. Sheriff to e«c«;t > Beedofi ic P.-aii- flitF w the Cie.jitor^ Suhjefl eo«nEquiry ol Kcdcmpjgn. 46. Anno TriceJJimo Secutido Reg- GiiO'icii II. Cat. XII. 1758. II Clerk neglc£>'mg his Duty, t'orleits j[i^. D?blOM may re- deem their Lunds, 5cc. in twa Years. (Bd bring ASIon of Account againll the Creditor Vor the Rents. Eftates aaitraired tt a greater Value than the Debt and Colls, to be Told at pub- lic Auition.after jo Days from the Ex- piratioti ol the Two VtiTj, if not fooner redeemed. IJ. Gei. 3, Ch. 4. If fold Tor mere than the Debt and Cofti, &C. the Cre> ditor to pay the Debtor the Surplui, and account for the Kei\t« and Profiti ; dcmption, as is herein after prefcribed ; and any Cicrk rofufing or ne- glefting his Duty herein, fliall forfeit the Sum of Five Pounds., to b^ recovered by Aftion of Debt by the Party aggrieved. IV. Provided always, and it is hereby further Ena^ed, That it fhall and may be lawful for any Debtor or Debtors, whofc Eftatc is taken in Execution, or their Heirs, Executors,. Adminiftrators, or Afligns, at any Time, within the Space of Two Years next following the Le- vying iuch Execution thereon, to redeem his or their Lands or Tene- ments fo extended, and may have his Aftion of Account againft ihe Creditor or Cirditors or their Afllgns, in Manner as is provided by Law : And upon paying the origlnaJ Debt with the Coft and Intcreft, and the Charges of fuch ncceflary Repairs, as the Creditor or Cre- ditors or their Affigns have been obliged to expend. Provided that they do not exceed One half of the Rents, which the Creditor or Afligns, if he or they fee caufe, arc hereby allowed to expend and lay out, and as much more as the Debtor fhall confcnt to, (who is hereby obliged to accept the fame) fuch Creditor or Creditors or their Alligns fl\aU immediately furrender all fuch Eftate to the Debtor or Debtors, their Heirs, Executors, Adminiftrators, or Afligns, and deliver up quiet tnd peaceable Poflcflion thereof. V. And he it further EnaHedy That when any Eftate fhal! T>e found by the Appraifcrs, to be of greater Value than the Debt and Coft, the Creditor or Creditors ftiall be obliged, at the Expiration of Thirty Days next after the End of the faid Two Years, (if not fooner redee- med) to give publick Notice by Advertifen- -nt " in the Nova Scotia " Gazette^ or other publick Newfpaper a.id in fome public Place in " the Townlhip or Place, where the Lands lie, at leaft three fevcral " Times, during three Months before fuch Sale." That the Lands or Tenements, fo extended, arc to be fold at publick Auiftion by the Sheriff or his Deputy, who are hereby impowered to fell the fame, and to execute to the Perfon or Perfons purchafing the fame, a Deed thereof as of a Fee Simple, which Dctsd being rcgiftred as by Law required, fhall be good and valid in the L.-iw ; but in the mean Time and until fuch Sale fhall be made, the Equity of Redemption of fuch Lands or Tenements, fhall be open in Favour of fuch Deb- tor or Debtors, their Heirs, Executors, Adminiftrators, or AfTigns, to recover the fame -, and if, upon fuch Sale, the faid Lands or Tene- ments, do fell for more than the original Debt, Coft, Charges, and Intcrf ft, the Creditor or Creditors, or their Attorney or Agent or Af- figns, fhall pay the Overplus into the Hands of the Debtor or Dcbtora or their Heirs, Executors, Adminiftrators, or AfTigns, the faid Cre- ditor or Creditors accounting to fuch Debtor or Debtors, for all Rents a«/4 Prrtfif.. firft deduftinp for all necc0»rv Repairs: But if the ftid 1758. Amc ince£iiuo Secoiulo Reikis GEORcai II. Cai-. XIII. 17-8. 47- Lands or 'leiiemcuts do fell for Icfs than the Debt, Coft, and Charges Intereft,^ thc« the Creditor or Creditors, or their Heirs or Affigns, in Infold for left, tke fuch Calc, fliall and may have an Alias Execution againft the n^hfor S^!"''i.°'' '° ''.**" *" VI. Jml he it further Emuled, That when the Real Eftate of the Debtor upon Appraifeme.it, or when the yearly Rent of the Lands or 'i'enenicnts extended upon, at the End of the faid Two Years, Ihall be found iufufficient to ''atisfy the Judgment, with Coft, Charges In tereft, and needful Repairs; That in either Cafe, zn Alias Execution may ilTue on the faid Judgment for the Remainder, and be levied on luch other Effcc'ts or Eftate as can be found of the Debtor, or his Bo- dy may be taken and detained until Satisfadion be made of fuch Judg ment,with Coft. Charges, a.:d Intercft; any Law, Ufuage, or Cuftom to the contrary notwithftanding, VII. ProviM, That nothi'.f,' herein contained Ihall extend or be If the Real Eftates infufficient, ice. Execution to be le- vied on tKeir Ef- fect, or the Bodv, conftrued to exten tor, contrary to th vidcd. he Detaining in Prjfon any poor Infolvent Deb ^°^ '" "'"^ "» w of this Province in that Cafe made and Pro- ^"'""'''"^ ^'^""' VIII. 13. Geo. 3. Cb. , Be it EnaHed, That nothing in the faid Aft, nor any thing therein contained, fhall extend or be conftrued to extend, to bar the Title of any Minor, Feme Covert, or Pcrfon Tv^Tr'^'r^ V"^P'f -'I' °-bfent from the Province, but IfSl.lf;; wUh': they Ihall bemtitledto fue for, and recover any Lands or Tenements '" «' ^"" "^''^ v^Uhm this Province, to which they are intitled, within Six Ye.r^ ^ -"' rcn>- after fuch Impediment fhall be removed, any thing in the faid Ad to the contrary m any wife notwithftanding. CAP. XIII. An Aa for preventing Frauds by Butchers and Fijh- tnongers, f^^i £// £«..S^ by His Escellency the Governor, Council, and g B .^ AJembly, and by the Authority of the fa,ne it is hereby Enaited %m.'^% l^""^ ""^"'"f Butcher and other Pcrfon, who Ihall kill or /laughter any Ox, Cow, Sheep, Swine, Calf, Lamb, or other Cattle, for Sale, (hall flaughter and flea the fame in the moft clean and plain Manner, and ftialt not on any Pretence, raife, or blow, or ufe any fraudulent or deceitful Art to fet ofFthe fame ; and no Butcher or other Perlon, Ihall fell or expofe to Sale any Cattle killed, but what ftiall be killed or dreffed in the moft pUin Manner, and according to the Meanina of this A/>. nn^l f ar-" "■•'•-i -• - - - .° ° ' ' ""'• " ^^'^ "«•.%.«« wr otncr reriwn ihali oifend in Cattle to be flaughtered and fclil in the moft clean txA plain Muner, ^cS. -'!>iita rriifjliiho Sccmk Ri^is Georcu II. Cap. WY. 1758. nil i'jn.il;/ orpol- icitini; ihi; IJcalt or jiiy I'lit thcicof, l.i the I'.i.ii, and 55. trjilic Infjrmer. Ciiiivittion before I DC JulUrc. No Perlon to fell anv tainti.dFlcfhor FiJh, on like Penalty. Clerki of the Mar- ket may fcize fuch winteJ Fleft or Fifli, ex o£iih. m any of th* PrcmirTes, and be convicted of the faid OfTencc, before One Juft.ccofthe Peace of any County, by One Witncfs or Confef i^m ot the OfFender, or on View by fuch Juftic^ he fhall forfdt fuch Ox t-ow Sheep, Swine, Calf, Lamb, or other Cattle, or Part thereof killed or drefled contrary to this Adt, to be difpufed of, by fuch Tufti' cc, among the Poor of the Tovn, where fuch Offence fhall be com nmted or among the Prifoners-. and /hall further forfeit the Sum of I ive .>hill,ng.s to and for the Ufe of the Informer, to be levied by War rant ot Diftrefs under the Hand and Seal of fuch Juftice. II. Andb,itfio-the,-E>m.^e,U That no Butcher or other Perfon ftnll fell or expofe to Sale, any tainted Fle(h or Fifh, unfit for Sale, under the like Forfeiture and Penalty, to be profecuted and recovered, and to be d.fpofed oi m Manner aforefaid. unlefs the fiid tainted Flcfti or F.(h be wholly unfit for Food, in which Cafe the Juftice before whom fuch Conviftion (hall be had, ihall caufc fuch tainted Flefh or Fifh to be burnt or otherwife deftroyed. III. Andhe it further Em^ed, That the Clerks of the Market fhall and are hereby impowered, ,^ officio, to fcize and take all fuch Flefh blown or fraudulently or deceitfully fet off, or Fifh tainted and unfit for Sale and to proceed againil and convift fuch Offenders in Manner Jforefaid, and the F.nes arifing therefrom fhall be to and for their own No Marriage to be lolemnized without Licence, or Notice thrice given in Come Congregation. «R Penalty of for- feiting /jo. by tlie Perfon officii- tiag. CAR XIV. An A a concerning Marriages and Divorce, and for puniiliing Ince/i and Adultery, and declaring Poly- gamy to be Fei'y'iy. J^**S f '' ^""'^'^ ^'^' '^" ^"'''''"'y '^'' Governor, CouhcU, and Af- ^ S >^ ftmhly, and by the Authority of the fiine i! is hereby EiianeJ ^¥5 irf That any Perfon prcfuming to officiate in folemnizing any Marriage, before Notice of the Parties Intention of Mar-, riage fhall be publickly given, on Three fevcral Sundays or Holy Days, in Time of Divine Service, in fome Congregation within the Town or Towns, where each of the Parties do refide, or for which Marriage Licence fhall not have been obtained, under the Hand of the Governor or Commander in Chief of the Province for the Time being, fhall for- feit and pay to the Ufe of His Majefty'a Government, Fifty Pcnnds, t(» be recovered by Bill, Plaint, or Information, in any of the Court* of Record within this Province. II. An,i XIV. ,75». 'rfcnce, before L-fa or Coiifof. ill tbrffitfuch Parf thereof, by fiich Jiifti, ftiall I)e com- t the Sum of vied by War- r Perfon /hail ir Sale, under :covered, and nted Flcfti or before whom (li or Fifli to Market (hail, 11 fuch Fle/h ited and unfit ers in Manner for their own 175S. -4'ino 1'riceffimo Socuiulo Regis GzoKGii II. C.\i'. XIV. 49. ', and for ring Poly- Hcil, aud Af- ninizing any ion of Mar-, r Holy DaySf he Town or h Marriage he Governor g, ftiall for- V I'oiinds, t(» le Court* of II. ArA II. Md hr itfuriher EnatteJ, That if any Clergyman, officiatinc as P"2>'*'Vr^'"'"« fuch n, any Congregation in the Town or Townsf where the pL^ties f^^t^ S'.'"""" rc-fide, fhall ncglcCt or refufc to make or caufc to be made fuch Publi- cation when thereunto reafonably requcfted, he ihall forfeit the Sum of Fifty Pounds, to be recovered in Manner aforefaid : And be fubier* ""^ "*''''= *• an neverthclefs to an Adion of Damages, to be brought by any of the «f°" '"' ^"'"*" Parties aggrieved. III. 4nd be it further Enaded, That if any Clergyman fli all refufc to marry any Perfons requefting him thereto, and making known to him that they have been duly ptiblilhed. or have obtained a Licence as aforefaid, he fhall forfeit the Sum of Fifty Pounds, to be recovered in Manner aforefaid, and be fubjaft to the lik^ Adion of Damages. IV. And he it further EnaHed, That if any Perfon, being married, do marry agam the former Hufband or Wife being alive, fuch Of- fence /hall be Felony. V. Provided neverthekfs. That the foregoing Claufc of this Aft ihall not extend to any Perfon whofe former Marriage has bten decla-' red void, or who has ob^,ined a Divorce by any Sentence had before the Governor and Council, nor (hall any Attainder for this Offence work any Corruption of Blood, Lofs of Dower, or Di;,nherifon 0/ xleirs. VI And be it further EnaRed, That all Matters relating to prohibit- ed Marr.ages and Divorce, (hall be heard and determined by the Go- vernor, or Commander in Chief for the Tixue being, and His Maje- fty^ Council ot this Province. ^ VII I. G,. ^. cb_ ... That the Caufes for which Marriages (hall be declared null md void fhall be in all Caufes of Impotence of Pre contra^ and Kindred w.thin the Degrees prohibited in'an Ift mad^m the lh.rty Second Year of King Henry the Eighth, intituled, An aI coneern,n, Precontr^^, .nd touehin, Degrees of Confan^uin.ty, of Xdultf^ and of Cruelty, and for none other Caufes whatfoever. ^ VIII. ^,;^ be it further Enabled by the Authority aforefaid. That evcrv Man and Woman who (hall carnally know each other, being w"hZ the Degrees of Kindred (^.bidden in the aforefaid Adt and ft^ t 7a ;r^ f-^'-^^^^>^'^ Supreme Court of yudieatureColt ff tfp '""^^;'7^-'.^'-''-':r. or Court of General Quarter \eff.ns tl Zn f ■ t c'" ''' ^''''"^ ^"^ ^^= Space of ole Hour, and ftK^er (hall forfe.t the Sum of Fifty Pounds, to the Ufc of Hi, Maje- fty . Government, or fuffer Six Months Imprifonmcnt. ^ £X. AnM The like Penaltyfef refofing to marrf. Polygamy to he Fe- lony. £//j. Stat. 1. 7o- 1. '. II. Not to txiend to Marriages declared void by the Gover- nor and Council. nor to work Cor- ruption of fil«o4. All Matters relafii] J to prahibited Mar- riage! ScQ. to be de- termined by theGd- ver end Council. ferfoai witht« tha Degrees of Kindred forbidden, who Jh ill carnally knowaeacti «her, to be fet on the KUory aad ht- (tit /50. or fufer Six Montlii IiBfri* fomnenc. « 5©. Perfoni commiiiing AduUeiy, to (orJeic Anno Tricejfmo Seciindo Re^is Geoiuiu 11. Cap. XV. i75«. IX. ylnd he it further EnatlciU That every Perfon who AikI! commit fchi u",£Z A'^"''^'-)-'. ^"d (hall be thereof convi,?tcd before any of His M.ijelly's incnt.^anJ liable to Courts aforcfaid, /hall forfeit to the Ufc aforcfuid the Sum of/V/Zv maics^"'"'" '^" ^*' -''<"'«"'''. w buffer Six Months Imprifonment, and to be ixih]ci\ never- thelefs to an Adion of Damages by any of the Parties aggrieved. Xng. Stat. tqCur.z. <■. J. Se(. I, 4. Afier ihe ift May 1750, Leafei, ice ky Livery & Seifm enly, or by Parol thd not put in wri- te have the Forces of Leafes ftr Eftttci U Will only. CAP. XV. An Atfl for preventing Frattds and Perjuries. 38C'*9MS«')^ E it EnaEleii by His Excellency the Governor, Council, and Af- % B §^ fimbly, and by the Authority of the fame it is ht-rehy EtMHcd, ^ \ That from and after the Firjl Day of M^iy in this prefent ;^'^j^)Q^ Year, Oi:e Thoufand Seven Hundred and Fifty Nifir, all Lea- fes, Eftates, Interefts of Freehold, or Terms of Years, or any uncer- tain Intereft of, in, or out of any Mcfluages, Lands, Tenements, or Hereditaments, made or created by Livery and Seifin only, or by Pa ■ rol, and not put in Writing and figned by the Parties fo making or creating the fame, or their Agents thereunto lawfully authorifed by Writing, (hall have the Force and Effed of Leafes, or Eftates at Will onJy, and (hall not, cither in Law or Equity, be deemed or taken to have any other or greater Force or EfFcA, any ConfiJeration for ma- king any fuch Parol Leafes or Eftates, or any former Law or Uluagc to the contrary notwithftanding. II. Excejit neverthelefs, all Leafes not exceeding the Term of Three Exctpt Leafei not ^^^""^ ^■"^'^ ^he making thereof, whereupon the Rent refcrvcd to tht exceeding the Ter»» Landlord, during fuch Term, ftiall amount unto Two Third Parts at of Three Years. ^^j^^ ^f ^^^ f^jj improved Value of the Thing dcmifed. III. And be it alfo Ena,lcd, That no Leafes, Eftates, or Interefts, either of Freehold, or Term of Years, or any uncertain Intereft of, in, to or out of any Mefluage, Lands, Tenements, or Hereditaments, Aiall, at any Time after the faid Firji Day of May, be aftigned, gran- ted, or furrendcred, unlefs it be by Deed or Note in Writing, figned by the Party fo aftigning, granting, or furrendering the fame, or their Agent thereunto lawfully tuthorifed by Writing, or by A<51 and Ope- ration of Law. No Leafei, ic. to be afCgncd, Ice. unleCi by Deed or Note in Writing, iigncd by the Par- ty, or by Aft of Ltvr. No A£lion to be brought whereby to charge any Perfon ti> anfwer for the Dfbt, &c. of aao- ilier. IV. /inJ be it fttrtber Ena^fJ, That from and after the faid Firjf D:iy of Mayy no Adion Ihall be brought whereby to charge any Executor or Adminiftrator upon any Special Promifc, to anfwer Da mages out of his own Eftate, or whereby to charge the Defendant upon any fpecial Promife, to anfwer fer the Debt, Default or Millarriagci of another Perfon, or ta charge any Perfon upon any Agreement xuviUi. upou fhnl! commit lis IVIajedy's iiini of I'ifty bjcdl never- ievcd. 1758. yfnue Trheffima Scuumlo /i^j./, Georoii II. Cap. XV. 5». Ties, cH, and Af- tby EnaFli'dt his prcfcnt rr, all Lca. any uncer- lements, or , or by Pa ■ making or thoriied by itcs at Will r taken to on for ma- or Uluagc n of Three vcd to the ci Parts at ■ Interefts^ ■reft of, in, Jitamcnts, led, gran- ing, figncd ic, or their and Ope- • fald Firjl hargc any ifwer Da- dant upon iilarriagci ucat mauii upou upon Confidcration of Marriage, or upon any Contrad or Sale of ^ , , ^ ". them"""'"''' "■ \^^-'^'^— ^. - -y I-crcll in, or conccr- "i^^^^!^^. ".i.g th.m, or upon any Agreement that is not to be performed ^vithin Y"^^' ^'^T^ ^^^ the Space ot One Y.. from the making thereof , unlefsT: A^r " '^^"^^ ^-^'-^^'^ or iNote thereof, /hall be m Wntmg, and f.gncd by the Party to b^ chaj^d^ therewith, or ..me other Per.n thtreuntJ by J:^^^ v. AnU, it furti.J„,,,,l^ That no Contract for the Sale of any Goods, Wares, and Merchandize, for the Price of T-n Pn A ^ .ards. fl.,11 be allowed to be good, exc;^;". B ; L "^^^^^^^^ the Goods fo fold, or aaually receive the Le, or giveZc J" n Earneft to bind the Bargain or in Pan of Payment, I that fo nI or Memorandum in Writing of the faid Bargam be made, and figned by the Parties to be charged by fuch Contradt. or by their Atrent. thereunto lawfully authorifed, ^ ^cnts ofU' ^";^*;'Y""" ""'"'''''' That from and after the CaldFirJl Day of My, all Declarat.ons or Creations of Trufts or Confidences of any Lands, l-u-ments, or Hereditaments, fliall be manifefted and proved by W Wrmng f.gned by the Party who is, by Law, enabled to de- e re fuch Trull or by h,s laft Will in Writing, or elfe they (hall b, utterly void and of none Effedt / mau og VII. P,.rAW .;/..•.;., That where any Conveyance /h.,11 be made of any Lands or Tenements, by which a Truft or Confidence fhall ot- n>ayar.feorrefult by the Implication or Conftrudion of Lw! i' transferred or cxfngu,n,cd by an Aft or Operation of Law th J* H m every uich Ca., fo.h Truft or Confidenc'Tn.a.rbe ot";:: b ^r^c and Lffed. as the fame would have been, if this Aft had not been made any Thing hercm before contained to the contrary notwithftanding ' VIII. Andbeit. fHrthi-r Evdcfed Thaf ill r-, » j a -v. .nyTruftorConLce. .all ^I ^rbe t WriHnl^^^^^^^^^^^^^ Party granting or afligning the fame, or by fuch laft Wm or Dev fc «r elfe ihall be utterly void and of none Effcft. * V!^. And he It further EnaHed Thsf- ;«• n,oii j ... lucti Lunds, lencments, andllereditam^Mfc -. i .^ ""'an fei.ed or pofTefred of in Truft for h m aaainftU "'^ °-^'=^^".'^^- ^= « .-the Party againft whom Executrontlb: td ^Tk" '/"'* of fuch Lands, Tenements, and Herediumen , rr* uVL""'' ^''^"^ "sc f-;.,e.i ^f :-, T -n. r ,. . ""^-i' laments, of fuch Eftate as thtv '■' ^^ '" ^' "^ ''' ^'' '' "- ^^'"^^ «^ the fixecttoa fued, which Lands Eiix.Slal. itjCar. ». <■. 3. 5,-^, 7.—,,. No coiitraft to bo allowed for any Goods, ic. »hove /^lo. unlefs the Buyer accept Part, or give Earnell, or fign aMemortndum in Writing. X»g. Slat. zgCar. a. <-. 3. Sra. 7. Declarations of Trufts, Sec. to be proved by fome Writing figncd by the Party declaring the fame, or by hi) laft Will inWritiijg. FxceptioR as to conveyance* of Landi, ic. where- by aTroil mavarifc by Conftruftioi ot' Law. Grants and Aliign. •rent! ofTruftt to be in Writing (jgn- ed by the Parly, or by fuch laft WiU. Shtriff, &c. to exe- cute Writ! and do ExecDtion of all fuch Ltaio, ic. 5a. Heir cliargralilc with ihe Obligation jf lii] Anceltor. hut not out of 111* own Eftite. Efig Stmt. t^. Cmr. t. c. J. Sea. 12. T^^A^e pur outer vie. devifable by Will^ If no Devife, to be chargeable in the hindi of the Heir ; at aflett by Defcent, if no Special Occu- pant, to go to Ex- ecutori, and be diflributable, after payment of Debtt, at IntqitateEttitct. Eng. Stat. 19. Car, X. }. 3. StQ, 14. I J. The firft Judge on (he Bench to Sign every Judgment without Fee. which ftall be deemed a Judgment from fuch Time only. Anno Tricflfmo Sccundo Regis Gtoiuiu 11. Cap. XV. 1758. Lauds, Tenements, and Hereditaments, fhall he accordingly held, freed from all Incumbrances of fuch Perfons feized or poireHcd in Truft. s X. And if auT ccfiui que Trn/f, (h.ill die leaving a Trull in Fee Simple to defcend to his Heirs, fuch Truft fhall be AiTets by Dcficnr, and the Heir fhall be chargeable with the Obligation of his Anceftor, as if the Fftutc in Law had defccnded to him. ProviJc^l that no Heir, who ihall be chargeable by Reafon of any Eftate or Truft made Afll-ts by this Law, (hall by Reafon of any Plea, Confeftion of the Atflion, or ftift'c- ring Judgment by nient de dire, or other Matter, be chargeable to pay the Condemnation out of his own Eftarc, but Executron fhall be fucd of the whole Eftate fo made Aflcts, in whofe Hands foever it (hall come after the Writ purchafcd, in the fame Maimer ts by the Common Law, where the Heir pleading a true Pica, Judgment is prayed ag.iinft him thereupon. XL And be it further EnaHed, That any VAttt pur atiter vie, (hall be dcvjfcablc by a Will in Writing figned by the Party devifing the fame, or by fomc other Perfon in his Prefence and by his Exprefs Dircdl- ion, attcftcd and fubfcribed in the Prefence of the Devifor by three or more WitnefTcs -, and if no fuch Devife thereof (hall be made, the fame (hall be chargeable in the Hands of the Heir, if it (hall come to him by Reafon of a fpecial Occupancy, as AlTets by Defcent, as in Cafe of Lands in Fee Simple ; and iii Cafe there be no fpecial Occupant thereof, it (hall go to the Executors or Adminiftrators of the Paity that had the Eftate thereof by Virtue of the Grant, and fhall be AfTets in their Hands, and (hall be fubjeift to the Payment of Legacies, and be diftributable, after Payment of Debts, in the fame Manner as other Eftates of Inteftate Perfons arc diftributable by the Laws of this Province. XIL And he it further Enalted, That the Firft Judge on the Bench in any of His Majefty's Courts, ihall fign every Judgment without F'ce, and fet down the Day of the Month and Year of his'fo doing, upon the Paper or Docket which he (hall (ign -, which Day of the Month and Year, (hall be alfo entered upon the Margin of the Record, where th« faid Judgment (hall be entered. XIII. And fuch Judgment as againft Purchafers bone fide for valu- able Confiderations of Lands, to be charged thereby (hall, in Conftruc- lion of Law, be Judgments only from fuch Times as they (hall be fo (igned, and (hall not relate to the Firft Day of the Term whereof they arc entered, or to the Day of the Return of th« Original or filing the Bail. XIV. And ylnno TrUfffimo Snamh Regis G lOR cii II. Cap. XVI. ^/-5«. XIV. ^W /,,/; alfoEmcled, That no Satisfaftion ftiall. ataay Time Attorney, except the faid Attorney fhall prove hi* W...«„. f knowicdging fuch Satisfa^ion, by Aflidavrof O I Tb wlr^" .n Wnt.g, to ^ filed i„ the Office .here fuch Judg^nt ' ' ^ of Execution is f'ed fir h but'o^ h!t'' T"k w"'"" '"'^^''' I- J , ^" '"rin, out trom the 1 ime fuch Wrt /hall K^ A. luchWnt. Without Fee, mdorfc-thereon the Day of the Month .nd Year whereon they received the fame. ^ ' ^^^ ^onth tnd §i' Ko SttiiftAlon of iny Judgment to be entered on Record b/ motion of in Attorney, iinlefi hit Warrtnt be proved Hy Affidavit of one WiineA. E»t- S/tt, ig. CWr. I. (. J. 5^<7. |6. No cxecutloa to bind the Property of Gooda, but fiom the Time that it i* delivered to the ShetilF. CAP. XVI. An Adl to provide for the Support of Bajfar^ ChiUren Fa2r' '^'^'''' °^ '^^ ^^^h'^r «nd reputed •* > from and after the Twenr^ Cif.u n... _ c ^/ l.' ^ '^^^ ^..^>^-m and after the Twenty Fifth Day of Ma'rch Intltlf ih.ll I x.'^ ,Y°'"-«^^» be delivered of a Baftard Child wLh Ve.rT u / '"^' "P°" ^""'^^ before One Juftic. of the I'eacc near where fuch Plar^ n,nH i: l jumce or the »rs Jufticcs, and to commit fuch P^rC,,, * />• i . iviajet- fopportmg or maintainintr fuch Chifd ^r rwyA ^ . "^ ^^^ Recognizance with fufficlent Secul fo.hf/ a' '"' ^"" •="*" '"^ Q^uarter Seffion., where he fh.^1 be co„uW ^J^ST""" ^ '^^.r^' Woman is delivered of fuch ChilH .. ^u:?. *^ »ecogn.^crtiii the "Id or Child V,. PrsvUled O. th J wiitL ii iuC: Woman f'lf. 5/«. 1 8 Etiz. c. 3. 7-7«-'.f. 4. orfl. 7. 13 (jT 1^. Cnr. 2. r. 12. .Srt?. 10. b.Gto.t. (. ji. If a Woman b« witlj Child of a Ballard likely to be char- gee ble to any place within theProviocf, the Father to be bound by one Juf- tice, with SuMtles to indeouify ' fuck risce. and to appear at next Srtlwjn!. and io to be continued till the Womai) |;a delivered. ^. •if .%,^ IMAGE EVALUATION TEST TARGET (MT-3) * A C/j 1.0 I.I 1.25 ■^■28 |50 "^" M 2.0 ^ iA mil 1.6 '^ o />^ c^J '^M ^ %\/ <$> .^.>^' /a ■'W Phntnoranhir Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ .4 ^^ i\ \ -b 'f .ftlll'll bv jinno 'TriceJJimo Semiido Regis Geo«gii IL Cap, XVI. 1758. Order ts Tbe ln«de by Two Jufttces for' th Relief of any f- .e, and that the Mother or reputed Father (hall find Se- curity that fuch Child (hall not be burthenfome, or pay ^zo. on Failure to be committed for Six Months. Woman accufing • Man wrongfully, to be fent to the Hou fe of Correftion for fix Monthi. Appeal ts the next Se(uon>, upoufccu- rity given. Woman fhnll die or be married before Ihc be delivered, or Mifcarry of fucTi Child or Children, or /hall appear not to bave been with Child at the Time of her Examination, fiich Ferfon Ihall be difcharged from, his Recognizance at the next Seffions, or immediately rekafcd out of C-uftody, ?f committed. II. And be it further Ena^ed, That any Two Juftices of the Pcacft near the Place where any Ballard Child fhall be born', upon Complaint made by the Overfeers of the Poor or any One of them, oroffonie fubftantial Houfeholder, upon due Examination of che Caufe and Cir- cumftances, ftiall'and may by their Difcretion make an Order for the Relief of fuch Place, or Children, and for keeping fuch Baftard Child, and that faid Mother or reputed Father of fuch Child or Children, Ihall find fufficient Securit/ that fuch Child fhall not become burthen^ fome or chargeable to any Place in faid Province, or pay the Sum of Twenty Pounds, which fnall be paid into the Hands of the Overfeers of the Poor for the Support of fuch Child or Children, or other Town Ufes. And if, after *.he faid Order made by faid Juftices, and by them fubfcribcd and dircAed to the Overfeers of the Poor, any of faid Perfons, viz. Either the Father or Mother, upon Notice thereof, fhall not for his or her Part obferve and perform faid Order, then fuch Party» making Default, to be committed to Goal or Houfe of Corre- dion for the Space of Six Months, except he or chey fhall give fuffir cient Security to perform faid Order, or elfe perfonally appear at the next Qiiarter SefTions and abide by fuch Order as fhall be made at faid Seffions in that behalf, and if no Order fhall be made at faid Seffions, then to abide by the firft Order. III. And it is hereby further EnaSled, That in Cafe any Woman fliall accufc or charge any Man with having gotten her with Child, though the Woman be not wiih Child, or that the Child be not really his, but appears to be only a Contrivance to defame the Perfon, or cheat him of his Money, that in fuch Cafe the faid Woman fhall be fent to the Houfe of Corrcftion, there to be whipped and remain for the Space of Six Months. IV. Provided nevertbelefsy That if tny Perfon fhall think hlmfelf wrongfully charged, or if the Perfon charging him be a Woman of ill Fame or a Common Whore, in fuch Cafes, upon giving Security to abide the Judgment of the Court, he may appeal from the Order of the Juftices, to the next Seffions, when the whole Caufc may be heard and tried by fuch Court, on the Vcrdift of a Jury. CAP. XVII. i75^- -^"'io Triceffimo Secundo Regis Giokcu, II, Cap. XVII. 551 1, or of fonie A P. XVII. CAP. XVII. An A A for puniftiing Criminal Offenders. K^)K>KP*^ jE ii Enaffeti by His Excellency tin Governor^ Council^ and ^'l''^ j'^ ./^w/'/y, and by the Authority of the fame it is hereby EnaSled^ 3i(>(..»>;;';5^ That if aiiy Perfon fliall prefume willfully to blafpheme the y:^.A^M Holy Name of GOD, Father, Son, or Holy Ghojl, or to deny, curfe or reproach the true GOD, his Creation or Government «f the World, or to deny, curfe, or reproach the Holy Word of GOD, that is, the Canonical Scriptures in the Books of the Old and New Te- ftament ; every fuch Offender, being thereof duly convifted at the Court of Aflixe and General Goal Delivery, or Seflions of the Peace, ihall be fet twice in the Pillory, for the Space of One Hour each Time, or be imprifoned for three Months, at the Difcretion of the Courc where fuch Offender ftiall be convided. II. J»d be ix further EmSed, That if any Perfon /hall prophanely fwear or curfe in the Prefence or Hearing of any Jufticc of the Peace, or fhall be thereof conviftcd by the Oath of One credible Witncfs, or by the Confeflion of the Party, before any Juftice of the Peace, eve- ry Perfon offending ftiall forfeit, to the Ufe of the Poor of the Town where fuch Offence fhall be committed, for the Firft Offence Two Shillings, and in Cafe fuch Perfon fliall, after Convidlion, offend a fecond Time, fuch Perfon fhall forfeit double, and if a third Time, Treble the Sufn to be paid for the firft Offence ; and upon Neglcft of Payment, the Juftice ftiall iffuc his Warrant to a Conftable, comman- •ding him to levy the faid Forfeitures by Diftrefs and Sale of the Goods of fuch Offender, and the Forfeiture, when paid or levied, Ihall be delivered to the Overfeers of the Poor for the Ufe of the Poor as afore- faid } and in Cafe no Diftrefs can be had, fuch Offender being above ♦he Age of Sixteen Years, ftiall by Warrant of the Juftice, be fet i« the publick Stocks for One Hour for every fingle Offence, and for any Number of Offences whereof he ftiall be conviftcd at One Time, Two Hours ; and if the Party offending be under the Age of Sixteen Years, and fliall not pay the Forfeitures, he ftiall, by Warrant of the Juftice, be whipped by the Conftable, or by the Parent, Guardian, or Matter of fuch Offender, in Prefence of the Conftable-, Provided always, thaj every fuch Offence be proved or profecuted within Ten Days after the Oftcnce committed. III. And be it further Enaffed, That every Perfon who fliall by View of any Juftice of the Peace, or Confeffion o( the Party, or Oath of One credible Witnefs before any fuch Jufticc, be convidled of Drunk- cnncfs, ftiall forfeit and pay for .th« Ufc of the Pow of the Town where Blafpbtmy. Prophinely fwcai^ ing or Curling. £ng.SM.i6Gn.i t, I. Dronkeaneni Ei$g. Stat, 4. J*. t2 t.s.iajn./s, >^ \^k t'll « H- tu. 56.- J>m Tricefmo Securnio Regis Georc.i II. Cap. XVI. 1758. Juftice to rcgifter Cooviflioii;. jvhercfuchOffcnceis committed, the Sum of Five Shillings to be rs:Wthfo;e^^^ '^ Warrant JdSJ lev T^uu r / ^°°'^'' ""'^ '^' ^^''^ ^•"' ^hen paid or evied /hallbe.el.veredtotheOvcrfeersofthe Poor fortheUfiof ftllh^efetmthe Stocks for any Time not exceeding three Hours, at d^eDfcre*,onof the Juft,ceorJuftices befo.e whom fuch Offender ihall bexonvftcd : And upon a fecond Convidlion of Drunkamef. lp^n^'^""7'7^ru''l: ^^"y^"^h Offender fhall, over and above the Penalty aforefaid, be bound with two Sureties, in the Sum of Ten Pounds, w.th Condition for the good Behaviour, and for Want of fuch Sureties, fuch OfFeaderfhall be committed to the common Goal until hefhall find the fame: Provided, That every fuch Offence be proved or profecuted within Ten Days after the Offence committed. . Jl ^u u V""'^'"' ^"'''"^' '^^'^ '^' J"^'«^ °f ^he Peace fhalt regifler all the Conv.dt.ons made before them, of fuch prophane Ss.-ear- Jng, Curfing, or Drunkennefs, and fhall certify the fame to the next Quarter Seflions, to be kept upon Record by the Clerks of the Peace to be feen without Fee. "«= x-eace, V A«dheitalfo Ena5led^ That if any Aftion fhall be brought a- gsunft any Jufl:ce of the Peace or Officer for any Proceedings o„ the ^id Offenders m Purfuance of this Ad, the Defendant may plead the Genera IfTue, and give the fpecial Matter in Evidence, and if the Plan- tiff fhall beNon fait, or a Verdidl fhall 4)e found for the Defendant, fuch Defendant fhall have Treble Cofls. r . r • • 1. "^^ ^"'^ t' '^^'"■'^"' ^'"'^'^^ '^^** ^^"y P"^°" duly convlfted at ?S'&ct^: f.«C-rtofGeneraI Goal Delivery, or Quarter SeffJs. of co^l:! „_....„ . *«'tmg or impamng dimimfhmg or imbafing any Foreign Coin, cur rent m the Province, by wafhing, clipping, rou,Kling, filing, or fcaling of the fame, or of uttertng any counterfeited or impaired Coin, know! irrgthefamcto bcfo counterfeited or impaired, fliall be fet i„ the PiUory, by the Space of One whole Hour, and One of the Ears of fuch Offender fhall be Cut ofTand nailed thereto, and fuch Offender fhall alfobe publirkly whipped through the Streets of the Town where f^^ch Uffcuce fhall be committed, and fhall pay all Charges of the Profecu- Vll And be it further EmSled, That every Perfon convifted as afore re.. !?J'^'°^''"y'"g°'-'-"ei^'"g any Clippings, Scalings, or Fillnrrs of ^&l!^.1;.^ '- ^T* ^^^ ^°^^'' ^^« S- of Twenty Pounds, one Moiety thereof ^^- ^' ^. . PP°^' °^ "'' Majcfly's Government in this Province and the B;r^ Cf.ppi«,. oterMoiety to him or them who fhall inform and fu:^ ft:!:^ Juftice, if filed, to |il«ad the General Iffue. Foreign Coin cur- rent in theProvince 15. Get. J. a, 10. »nti ah be imprifon cdfor the Space of ThreeMonths. VIII. Jn.l 7. 1758. lings, to be It oF Diftrefs icn paid or irthe Ufiof :h Offender e Hours, at h OfFender Jrunkainefs and above !um of Ten /antof fuch Goal until be proved Peace flialt lane Swear- the next the Peace, brought a- 'gs on the plead the fthePlan- 3efcndant, nvicfted at f countcr- oins, cur- or fcaling n, know- et in the rs of fuch der fhall here foch Profecu- as afore. ilings of ' thereof , and the be fame, III. J>i.l 175^' yiiino rriceJJlviQ Setundo Regis Georgii II. Cap. XVII. ym. And be it further EnaEied, That if any Perfon (hall forge er counterfeit, or procure t6be forged or counterfeit, or willingly affift in the forgmg or counterfeiting, any Dc^d or Writing fepled, or latt Will or feflament, or ftall publifh or fhew forth in Evidence, any fuch for- ged or counterfeit Deed, Writing fealed. or laft Will or Teftament as true, knowi- : the fame to be falfc ^ or if any Perfon Ihall forge or counterfeit, or procure to be forged or counterfeited, or willingly affift ^n the Forg,ng or Counterfeiting, any Bond. Writing Obligatory Zx of Exchange. Pronaiffory Note for the Payment of Money or ^v mdorfement or Augment of any Bill ofExchange, orTchP J fory Note for Payment of Money, or any Acquitanc orReclt eithi; for Money or Good, or any Difchargeof anykaion. Account, Debt Demand, or any perfonal Thing, with Intention to defraud any Pcrftn ormallutterorpublilh as true, any forged or counterfeited Bond W ang Obligatory. Bill ofExchange, or fuch Promiflbry Note for thcTlv" ment of Money, or fuch Acquittance, Receipt, or DifchargV l' h i' en ion to defraudany Perfon. knowing the fame to be fc ' i^r It terfeited , every fuch Perfon. being thereof convidled at" th.rn, Tr Affi.e and General Goal Delivery.^ Seffion. of rpVaU'^^b^f: an the Pdlory. and there have One of his Ears cut off. and fl^all alfo fuf. fcr Imprifonment for the Space of One Year without Bail or Mainorize and the Party grieved fhall recover hi. double C.ofts and Drna^r^^^^ be affefl-edm the Court where fuch Convi^ion ^all be p3lt -.ays and^t u kereby Ena,ed, Th. this Adt nor any Thinghe" „ 11 tamed fhall not extend to charge any Judge of Probate, or any Re" Iter, for any of the Offences TfrirpA;ri r .• , . «"y «.cgi- » 7 yii ""^ '-'"^"'^" ii'orelaid, lur puttine their Seal of no: .0 .ny Wi 1 ,„ be exhibited ,„ ,he,n, not k,li„/.,^ It b" fold orcou„e,fe,ted, or for Writing of .he faid Wll orToMe If St in Lv,de„ee. any falfe or forged Writing for true or good. bein« Z IX. Jnd be it further Enaaed, That if anv Perfon n. u /• VtheSuborna.io.,unlawfulProcure:ert r:^ P:,^^^^^^^^^^^ «n. cou. ofLU o^b -rrrmit:' :;;:;r ^^. - every Perfon fo offending, and being thereofdulyCnv^T «!? feit Twenty Pounds, the one Moiety thereof for th. 7 , ^°'^- Majeftys Government, and the othe'r Mokty t fuch P T'' l^ ^' «fhall be grieved by Reafonof .he Offenc'that ^if f ^ b. an, A.ion of Debt. Bi„. Plaint, or ^r.^^^::^:!:^! -a . .ua uuii ali, bcimpril-oned by the Space of Six Month^ without ■ Bail, 57* Forgery, EMg. Stat. 5, lliz. e. 14. 3.5ir«. 901. Rix -vtrfut Ji^klt Fillory, ice: Not to extend ' ta Jadjc of Probate. tec. ^ Perjtny: %. Stat. 5. £•%♦ t. 9. *. Stra. 92'ii Bex.m)trfiu PMlrfii Penalty ^m; 5^. •apt! fi A Months Im- prifonment. Annor Tricefftmo Secttmh Regis Gzohgu II. Cap. XVII. 17^,8. Bail or Mainpfizc. And the Oatlioffvch Pcrfonor Perfons (haW not be received in any Court of Record, untill fuchTimcas the Judgment given againft-the faidPerfon or Perfons Ihall be reverfcd, and upon every fuch Reverfal, the Parties aggrieved fliall recover their Damages againft fuch Perfon or Perfons, as did procure the faid Judgment fo re- verfed, tobegivenagainftthemor any of them, by his, her, or their Aftion upon the Cafe, according to the Courfe of the Common Law. r '! or Pillory. 15. Geo. 3. Ci. 10. Procuring WitncflcJ to commit wilful Perjury. Eng. Stat, c. (). 5, £/iz. X. And if the faid Offender or Offenders fhall not have any Goof's or Chattels to the Value of Twenty Pounds, then he, (he or they (hall be fet on the Pillory, by the Space of one whole Hour, and both his Ears ftiall be cut off" and nailed to the Pilory, and from thenceforth fuch Of- fender fhall be difcrcdited and difabled for ever to be fworn in any Court of Record, until fuch Time as the Judgment fhall be reverfed. XI. Jnd h it further EnaiTed, That every Perfon and Perfons who fhall unlawfully and corruptly procure any W^itnefs or WitnefTes, by Letters, Rewards, Promifes, or by any other finifler and unlawful La- bour or Means whatfocver, tocommit any wilful and corrupt Perjury in any Matter or Caufe whatfoever, depending or that fhall depend in Suit and Variance by any V^rit, Aftion, Bill, Complaint or Information in any Court of Record, or to teftify in per pettiam rci memoriam : every fuch Offender, being thereof, duly convifted, fhall fuffcr the like Pains Penalties, Forfeitures, and Difabilities in all Rcfpefts as arc hereby direfted for the like Offences, and the faid Forfeiture to be recDvcre4 and applied in Manner as aforefaid. XII. And he it further EnnSled^ That as well the Judges of the ..lid Courts, where fuch Perjury fhall be committed, as alfo the Jufliccs of Affize and Goal Delivery, and the Juftices of the Peace at their Quarter SefTions, fhall have Power o inquire of all the faid Offences of wilful Perjury, and Subornation of Perjury, and thereupon to give Judgment, award Procefs and Execution of the fame. XIII. Provided That the Authority of any Judge, having abfolute Power to punifh Perjury before the making this Aft, fhall not be rc- ftraincd, but that they may proceed in the Ponifhment of the fame, in fuch wife as they might have and ufcd to do, fo that they fet not upon fuch Offenders, Icfs Punifhment than is before dircfted. XIV. And be it further Ena£led, That if any Perfon or Perfons fhall Falfe tokens. falfely and deceitfully obtain or get into his, her, or their Hands or i?':. /."jo.^Gm.T. PoffefTipn, any money, Goods, Chattels , Jewels or other T{iings of Judges impowered to inquire of fucb Offences. Authority of Judge* before this Aft, not to be refttjiined. i| evil. 1738. 1758. Anno Tricefmo Secundo Regis Georgii II. Cap. XVIII. hf- "ons fli.ill nut the Judgment ;(U and upon heir Damages Igment fo re- her, or their the Common '^c any Goor's • they (hall be 3oth his Ears brth fuch Of- 1 in any Court rfed. Pcrfons who iVitnefles, by unlawful La- nipt Perjury all depend in r Information wriam : every the likePains IS arc hereby be recovered cs of the .aid I the Jufticcs eace at their faid OfFence3 :upon to give ving abfolute ill not be rc- the fame, in ■ fet not uport Perfons fhall :ir Hands or r Tilings of any other Perfon or Perfons, by Colour and Means of any privy falfe Token, or counterfeit Letter made in another Man's Name, to a fpe- cial Friend or Acquaintance, for the obtaining of Money, Goods, Chattels, Jewels or other Things, and fhall be thereof coTivi«e«. on convidtion before One of His Majefty's Juftice, of the l-cace, to be levied by Warrant of Diftrefs and Sale. m. That the faid Clerks fhall and arc hereby impowercd to infpeft sll Weights and Meafurcs, and once in Three Months, or oftnei vi- fit every Inhabitant felling publickly by Weights and Mcnfures, and fhall have full Power and Authority to feixc all fuch, not ftampt or branded as aforefaid, and may aftky and mark and difpofe of the fame for their Ufe, as a Satisfadtion for their Trouble therein ; and if any Pcrfon /hall be convifted of Selling by Weights and Meafures lefg than the Standard hereby eftabliftied, he ftiall forfeit the Sum of Ten Poonds to be recovered by Bill. Plaint, or Information, in any Court of Record. TV. That every Baker within this Province, /hall and is hereby required to mark his Bread with the firft Letter of his Chriftian and Sirname, and, upon Failure thereof, the fame ftiall be fcizcd and forfeited to the ufe of thcPoor of theTown, where fuchO/Fence is'com- mitted. V. Provided, That Pcrfons thinking themfelves aggrieved by fuch Seizure may within Twelve Hours after fuch Seizure made, apply for Rcdrefsto any one of his Majefty's Jufticcs of the Peace, who is impowered to hear and determine the fame. VI. That if any Pcrfon making Ufe of Weights and Meafures, or felling Bread, ftiall refufe Admittance to any of the faid Clerks in *he Difchaige of their Duty, he ftiall for every Ofl=ence forfeit the Sum of Twenty Shillings, to be recovered before any one Jultice of thtt Peace. NoJ»rovifio„, or VJI. 33- 0(9. 2 Ch. 6. Scdl. t. // h EnaileJ, That no Provifion or (except Hay^ to b« ^"^^^ °^ ^"^ ^'"^^ ^»J1 ^e fold within the Province by Steelyards foldj,y steelj^.rd., (except the Article of Hay) under the Penalty of Twenty 'ShiUingg. to be recovered againft: the Seller before one Juftice of the Peace. on Penalty of 20s. Clerks of the Mar- ket to infpeftScalei, Weight!, Sec. once inthrcsMonthaand to afTay anA A the fame. * VIIL Sea. n. The Clerks of the Market are hereby impowered to mfpedt all Beams and Scales, and alfo Steelyards ufed for Weigh- ing Hay, and alfo Weights and Meafurcs once in three Months at Ica/l, not only thofe ufed by the Inhabitants felling publickly. but alfo thofe ufed ort Board any Ships or Vefl*els lying at Wharves Of at Anchor in the Harbour, and the iamc to A/fay, Stamp, and difpofft 1758- yimo TriceJ/lmoSeamlo Rcgh GtoKGH IL Cap. XVIII. «X. Clerks of the Mar- ket to vifit the Bake Houfes, kc. once every Week, difpofe of as before dire(fteci, the Mufters of Ships or Veflcls re- fufing Admittance of the faid Clerks, fliall be liable to the fame Penalties ts any Inhabitant in the like Cafe. IX. 6. Geo. 3. Ch. 5. The Clerks of the Market in the fever.l Towns in the Province (hall vifit the Bake Iloufcs, and the Houfes of all and every Perfon felling Bread, at leaft one Day in every Week, and fhall make a Report of their Proceedings in Virtue of this, or any former Ad once a Month to fome of His Majefty's Juftices of the Peace within their Diftri ACT declaring what fhall be deemed a Publi- cation of the Province Laws, g)«(.i«(.^ £ /■/ Enabled hy the Gevernor, Council end J/embly, That for y ^ '^ the Future, Notice being given in the Nova Scotia Gazette> kX )!y thefe Prefent, Wttnefs our Hands and Seals thi$ j),,y ^jr ^ U ^HE Condition of the above Obligation is fuch. That wherens the above bound /, underwrote by of «* Halifax aforefaid, for the $um of ^,.^ -j. ^^^ j.J^ r , "'' ^*0'. '^"> Hiirs or Afftgns -will pay « orcaufeto be^aidtofaid thefaidSum cf ^* '^ ' ^""^ « or fuch Sum as fhall legally, upon Trial, appear to he due to faii „ ., '^-^ *^' "^o"^' Obligation to be void, other- wife to remain in full Force and Virtue. " lingraS'^slttl^^S;"' ''' ''''^'^'^ '^*"-"- T- Shil- J^J'Zu"^ f'^Tr ""'^ '"' " '^' ^"^^ '"*'="*^°" '^"d Meaning of th.8 Aft That the Perfons fo underwriting, file their Aftions in the next Inferior Court, after Security be givrn for their Debt, then due. Action or Aftions. V. And 1758- /imo TriceJ/imo Secundo Reps Georoii II. Cap. XX. tf5< Perfois umlerwrott to have (heir Pa/i, on giving Security. Bonds ta he deli- vered to Creditorf. Security to be give» (or P«yBieiit of «I1 Uebts, by Perfoni intending to leave the Province before the 7 D«ys are «' ptred. V. And be H further Enabled, That any Pcrfon or Pcrfons that have been underwrote as aforefaid, upon their giving Security as before di- *c,fted are hereby intitled to receive their Pafs, in like Manner as if they had not been under^vrote. And the Secretary or hi» Deputy are ^crlon or Pcrfons that underwrote the Perfon fo going away And fa.d Bond fhall be good and valid againft the Security for the Reco- very of fuch Sum or Snm, as the Perfon or Perfons. to whom the faid bvl'l 'T'^' '? ""'' 'PP'"' "P*^" ''^'■'^'' "^'^ "^"y due to him oy the Perfon he underwrote, with the Cofts thereon. VI. And be H further EnaSled, That in Cafe any Pcrfon Intending to leave the Province before the Seven Days are expired, after Setting up his or her Name, may obtain their Pafs from the Secretary or his Deputy, by giving fufficicnt Security and Entering into Bond a« afore- faid that faid Security will pay all the Debts faid Pcrfon going away has contradcd in the Province ; which Bond Ihall be good and valid againft faid Security. VII. And it is hereby further Rnn^ed, That in the Out Ports of th-'i Prormce, PafTes m.ay be obtained from the Commanding Officer for the 1 .me being, or from any other Perfon, whom the Governor or Com- mander m Chief /hall appoint for that Purpofe, who are hereby im powered to grant the fame, in Manner as prefcribcd by this Aft. WW. Provided always. That nothing in this Aft Ihall be conftrued to extend to the Reftraining any Military Perfon or Perfons from im. mediately departing the Province, with a fpecial Permi/T.on under th« Hand of the Commander in Chief of the Troops. IX. ^n'lhe it further Enaaedby the Authority aforefaid. That if upon Trial, It fliull appear that the Caufe for underwriting any Perfon or Perfons, fett.ng up their Names in the Secretary's Office to depart this rovince, be vexatious and groundlefs. that then and in fuch Cafe. the i erfon fo underwriting ihall be liable to an Adlion of Damages to be recovered as aforciaid. ^ * X. And be it further EmHed, That no Mafter of any Ship or VeflbJ fv^wZ; iT^/n^ri' f " "^^^ -y -/P"^n whatfo! M.er,o,v... ever, without aPafe ilgned by the Secretary of this Province or his De. ""^ *"« "y P"f»» 6 ^^""^""^y *"c Governor, Lieutenant Governor V n« , And th= Matter of a»y Ship or V.flil offending contrary ,„ ,h. Icnorof th,.A«, ^'^M^^^UJ.^.t nf^t In AAlons ofTn/- fafi quart Clau/um fregit. Defendant may plead a Dif- cUiner, &c. /n Aftiont of Tref- pafs, &c. no raore Cofts than Dama- ges to be jiven, unlefs the Juige certify, 4c. Aftioni ofTrefptfi *c. accruing to Winert, may be jfcrougb- after their (coming cvftillAfe, fuch Cafes the Party PlaintiiF, his Heirs, Exectttors, or Adminiftra^ tors, as the Cafe may require, may commence a new Adion or Suit from Time to Time, within One Year after fuch Judgment revcrfed, or fuch Judgment given againft the Plaintiff, or Outlawry revcrfed, and not after. ' VI. Ami he it further Ena^ed, That in all Aftlons t)f Trefnafs mare Claufum fregit, hereafter to be brought, wherein the Defendant or De fendants Ihall d.fclaim, in his or their Plea, to make any Title or Claim to the Land „i which the Trefpafs is, by the Declaration, fuppo- ftd to be done and the Trefpafs be by Negligence or involuntary, the Defendant or Defendants fhall be admitted to plead a Difclaimer, and that the Trefpafs was by Negligence or invdlu.tary, and a Tender Zr.lv °1^"^^'''"^ ^'"'^"ds for fuch Trefpafs before the Aftion brought whereupon, or upon fome of them, the Pkintiff or Plain- tiffs fhall be enforced to join Iffue, and if the faid Iffue be found for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall be non fu^ed, the Plaintiff or Plaintiffs fhall be ck. ^fred from the laid Adl.on or Adlions, and all other Suits concerning the fame. VII. Aftd be it further EnaSltd, That in all Anions of Trefpafs Aftions for Affault and Battery, and all Acftions for flanderous Words' to be fued or profecuted by any Perfon or Perfons. after the End of this pre^nt Seffion of the General AffemUy, if the Jury, upon the Trial mages do find or ^efs the Damages under Forty Shllings, then the Zt ^f r '^'PT^'' ^° e'-^» °r '^fi-'^n-ed, amount unto, without any further Increafe of the fame: Andif more Cofts in any fuch Adio. be awarded, the Judgment ftiall be void, and the DefcL.u at^ " a1- ""r a/T" /""'^'' ^'^^ '^^^^ J"'^^'^ ^-^ ^he Trial of\„y Adl^n of Affault and Battery, or Aftion of Trefpafs, fhall certify under his Hand upon the Back of the Record, that the Affault was fufficiently Ek'nT "'°''"'''''^°'*'^^^"^"'^' mentioned in the flamtitts Declaration, was chiefly in Queftion, or that the Trefpafs was voluntary and malicious, the Plaintiff, in fuch Cafe, ft^all recover sliU^lgr* ^'°"'' '^' ^''' "^""^^ ''' ^-^^« ^« '^ -'i^'- Forty Vm.Prcvided,evertheiefs, Thatif any Perfon or Perfons that is or Mbe mtitledtoanyfuch Adion of Trefpafs, Detinue. Aft on of Trover Rep^v.n Adlions of Account, Anions of Debt A J o Trefpafs for Affault, Menace, Battery. Wounding or Imprifonment Adl.o„s upon the Cafe for Words, be or fhall bf at the ^^Z^l^ fuch Caufc of Aftion given or accrued, fallen or come within the Age of- tyS^. Jum Iriceffimo Secmdo B.egis Georgii. II. Cap. XXII. ^ of Twenty One Years, Feme Covert, Non Compos Mcnti-;, jmpri- foned or beyond the Seas j That then fuch Perfon or Perfons (hall be at Liberty to bring the fame Adtions, fo as they take the fame within fuch limes as are before limited, after their coming to, or being of full Age, Difcovert, of fane Memory, at large, and returned from beyond the Seas, as by other Perfons having no fuch Impediments (hould be done. IX. /1ml he it farther Ena^edy That if any Perfon or Perfons, againft whom there is or (hall be any Caufe of Suit or Aftion of Trefpafs, De- tinue, Anions of Trover or Replevin, for taking away any Goods or Cattle, or of Aftion of Account, or upon the Cafe, or ofDebt. ground- ed upon any Lending or Contraft without Specialty, ofDebt for Ar- rearages of Rent, or Affault, Menace, Battery, Wounding, and Im- prifonment, or any of them, be or ihall be, at the Timo of any fuch Caufe of Suit or Aftion given or accrued, fallen or become, beyond the Seas, that then fuch Perfon or Perfons who is or ftiall be intitled to any fuch Suit or Adion, Ihall be at Liberty to bring the faid Adions againft fuch Perfon and Perfons, after thair Return from beyond fhe Seas, fo as they take the fame after their Return from Beyond the Seas, within fuch Times as afe refpeftively limited for the bringing of the fame bv this Aft. Aftiogs of Trefpafs, &c. may be brought: againft Perfons be- yond the Seas after their Return. CAP. XXII. An AcH: to prevent unneceffary Firing off Gu/js, and other Fire ArmSy in the Town and Suburbs of Ha- lifax* 3eC^^3?( jS // Enacted by llis Excellency the Governor ^ Council^ and % B 3^ jllfemhlyy and by the Autbcrity of the fame it is hereby EnaSled^ §F \ That if any Perfon or Perfons, of what Age or Degree fo- 5iC^<«f*'*2?C ever, from and after the Publication of this Aft, (hall un- necefliirily fire out of any Gun, Fufee, Muflcet, Piftol, or other Fire Arm, in any of the Houfes, Streets, Lanes, Wharves, Yards, or Gar- dens in the Town or Suburbs of Halifax^ every Perfon fo offending, upon Conviftion thereof, upon the Oath of One or more credible Wit, nefs, before any one of His Majefty's Juftices of the Peace, ftiall for. feit the Sum of Ten Shillings, to be levied by Warrant of Diftrefs from fuch Juftice, on the Offender's Goods and Chattels, and for Want of Goods or Chattels, fuch Offendrr ftiall be committed to Goal for the Space of Twenty Four Hours. II. Provided that no profccution for Breach of tiiis Aft fhail be ad- S mittod Perfont fifing any Guns, kc. in the TowB of Halifax, forfeit los. Malicioujly fi. l»g at am Ptrfin in »nj D-willing Htufi, ilfi. t! by Frev, JS, jiGta. 2. c. 13. Sra. 21. Ft/iirf v:itb Cltrgy- !ir? », 4 ■ 70. Prorecution in Twelve hours. One half to the Profecutor, the oihfr to the Go- vernment. Penalty on Per Tons undcrloiirteenVears of Age firing out erf any Gun, &c. or any Perfon firing within one hundred Yards of another, cither onHorfcback or in a Carriage ^vithin the Penin. fuJa of Halifax. Anno "Triccjftm- SecunJo Regh Georgii II. Cap. XXIII. 1758. t.ng. (Hat. 12. Car. 2. c. 24. Father, at his Death} maydifpofe of the Cuftody of his Children, being Minors. to any Perfons other than PerfOBS not Proteftaots, Who may have Aflion againft per- fons wrongfully de- taining them. "litted, unlefs Complaint be made thereof within Tw^lv^ Hours, at leaft, after the Offence committed. III. All forfeitures arifing by Virtue of this Ad, (ball be One half to him or her who will profecute for the fatne, and the other to the Ufe of this His Majefty's Government. IV. 9. Geo. 3. Ch. 3. « That from and after the Publication of »' this Ad, if any Child under fourteen Years of Age fliall fire out of " any Gun, Fufee or Piftol ; or if any Perfon of what Age or Degree " foever, fhall unnecefiarily fire out of any Gun, Fufee or Piftol, or " other Fire Arm, within One hundred Yards of any Perfon, either " on Horfeback or in any Clrriage within the PenlnfuU of Halifax ; " fuch Child or Perfon, their Parents, Guardians, or Matters, fhall 2 forfeit the like Sum as is inflided by the aforefaid Ad -, and to be «* recovered, levied, and applied in like manner as is therein provided. CAP. XXIII. An ACT dire^Ing the Guardianfhip of Minors, ^^ )5^^ E it Ena^cd by His Excellency the Governor^ Council, and Af- ■)| B ^f^^^^h'i f"'^ h' tl^e Authority of the fame it is hereby Ena^ed, ^ ){( That from and after the Publication hereof, where any Per- )^^ ){(M fon fhall have Children under the Ag6 of Twenty One Years and not married at the Time of his Death, it fhall be lawful for the Father of fuch Children,whether born at the Time of the Deccafc of the Father, or at that Time en Ventre fa mere^ or whether fuch Father be within the Age of Twenty One Years, or of full Age, by Deed execu- ted, or by his laft Will and Teftament in Writing in the Prcfence of two credible WitnelTes, to difpofe of the Cuftody and Tuition of fuch Children, for fuch Time as they fhall refpedivdy remain under the Age of Twenty One Years or any lefTer Time, to any Perfons in Pof- fcfllon or Remainder, other than Perfons not Proteftants • And fuch Difpofition of the Cuftody of fuch Children fhall be good, againft all Perfons claiming the Cuftody atid Tuition of fuch Children ; and fuch Perfon, to whom the Cuftody of fuch Children fhall be difpofed or dc- vifed, may maintain an Adion of Ravifhment of Ward, or Trefpafs, againft any Perfon who fhall wrongfully take away or detain fuch Child, and fhall recover Damages in the faid Adion, for the Ufe of fuch Children. II. And be it further Ena^ed, That any Perfons, to whom the Cai- Guardians may t»ke ftody of fuch Children fhall be fo difpofed or devifed, may take into Poirellion of Lands ^i • ^ « . , . -.._,.' . „ _ - ,- &c. for the ufe of '"'^i^ ^"itc^lv, to the Uic of fuch Chimren) ti\e Profits of all Lands, luch Minors. Tenements liii 1758. Anno TriccJJimo Secundo Rggis Georoii II. Cap. XXIII. n Tenements, or Hereditaments, and alfo the Management of the Goods and Perfonal Eftate of fuch Children, till their rcfpcctive Age of Twen- ty One Years, or any lefler Time, according to fuch Difpofition, and may bring fuch Actions in Relation thereto, as fuch Children them- felves might do if arrived at full Age. ^III. Jnd be it further EnaHed, That whenfoevcr any Perfon, not^ The Governs t« being a Proteftant, fliall die feized of any fuch Eftate in Lands, Tenc- «'''"P°'« °f '*'e Cuf- ments, or Hereditaments, for which his Heirs fhould be in Ward, ffi.ns ?y!Jg" of his Heirs being under the Age of Twenty One Years at the Time of Pro'eftants. the Death of his Anceftor, it fhall be lawful for the Governor, Lieu- tenant Governor, or Commander in Chief of the Province for the Time being, after due Proof to him of the Death of fuch Perfon not being a Proteftant, and of his Heir being fo under Age, to difpofe of the Cuftody and Tuition of fuch Heirs, for fuch Time as they fiiall remain under the Age of Twenty One Years, or any lefTer Time, to . any Pcrfons next of Kin to the Heir, being a Proteftant, if they ftiall apply for the fame; or in Default thereof to any other Perfon being ft Proteftant as aforefaid. -TV. And be it further Ena^ed, That the Governor, Lieutenant Go- vernor, or Commander in Chief for the Time being, when and fo of- ten as thero ftiall be Occafion, be and is hereby impowercd to allow of Guardians, that ftiall be chofen by Minorg of the Age of Fourtecft Years, and to appoint Guardians for fuch as ftiall be within that Age» taking fufficient Securities of all fuch Guardians, for the feithfull Dif. charge of the Truft, as hereinafter directed, and to account either to the Governor, Lieutenant Governor, or Command or in Chief, or Mi- nor, when fuch Minor fliall arrive at full Age, or at fuch other Time as the faid Governor, Lieutenant Governor, or Commander in Chief, upon Complaint to him made, ftiall fee Caufe. V. And be it further Enalied, That all fuch Perfons to whom the Tuition and Cuftody of fuch Heirs ftiall be committed, ftiall firft enter into Recognizance, to the Uk of the faid Heir, with good Sureties, before the faid Governor, Lieutenant Governor, or Commander in Chief, with Condition for the Educating the faid Heirs in the Prote- ftant Religion, and for the Management and Difpofal of the Eftates of fuch Heirs, to their Ufe and bcft Advantage, and for the renderin™ a juft Account of the Profits of fuch Eftates to the faid Governor Lieu tenant Governor, or Commander in Chief, when thereto required, or to fuch Heirs when they ftiall come of full Age, and for the not com- mitting any Wafte thereupon : And fuch Difpofition of the Cuftody of fuch Heirs ftiall be good againft all Perfons claiming the Cuftody or 1 u.tion of fuch Heirs , and fuch Perfons to whom the Cuftody offueli IJeifs fliall be difpofed as aforpfaiH ma,, ~»:..*.: . „• r- ' .' """S"-*::; ail miction OIKft- viftimcnf T«e Governor, Sec: to allow of Guar- dians chofen by Minort, Sec. 2 In/. 14. 4. O." 1 26. BtiierUy^s Cafe. Slaund/tri'i Frerti, 37- Guardians to enter into Recognizance with Sureties, for educating Minors in the Proteftant Religion, &c. i i '2. Vl and m»f take into their Cnllody the Profits of all Lands, *c, of fnch Minor*. If the Guardian die before he hath ac- counted for fuch Profits.his Heirs 4:c. liable to account with the Heir. This Aft not to ex- tend to difcharge Apprentices, *e. FrWrifioa for Poft- humoui Children. /fmo Tric^fftmo Secundo Re^i! Georcii II. Cap. XXIII. 1758. vifliment of Ward or Trefpafs, againft any Pcrfons who fliull wrong. fully take away or detain fuch Heirs, for the Recovery of fuch HeirS, and fliall recover Damages in the faid Adtion, for the Ufe of fuch JHeirs. VI. Jtul be it further Eiiadtd, That fuch Perfon, to whom the Cu- ftody of fuch Heirs /hall be fo difpofcd, may take into their Cuftody, to the Ufe of fuch Heirs, the Profits of all Lands, or Tenements, and* aJfo the Management of the Goods and Perfonal Eftate of fuch Heirs, till their refpeftive Age of Twenty One Years, or any leflcr Time, ac- cording to fuch Difpofition, and may bring fuch Aftions in Relation thereunto as fuch Heirs might do, if arrived at full Age. VII. And be it further EnnHed, That if fuch Perfon to whom fuch Grant (hall be made of the Cuftody of fuch Children, fliall die before he hath yielded an Account unto the faid Heirs, of the Profits of fuch Lands or Tenements, and the Management of fuch Goods and Chat- tels, deducing all neceflary and juft Charges, the Heirs, Exiecutors, or Adminiftrators of fuch Guardian, /hall be liable, and yield a full Account unto the faid Heir, his Executors and Adminiftrators, of fuch Profits, Goods, and Chattels, Real and Perfonal, fo received by the Guardian, for the Benefit of the faid Heirs, deducing all nece/Tary and juft Charges as aforelaid, fo far as they /hall have A/Tets from the faid Guardian, or in his Right at the Time of Demand of Satisfaftion for the fame ; and if the faid Children fliall die before they (hall attain to their Age of Twenty One Years, it /hall be lawful for the Execu. tors or Adminiftrators of fuch Children to call the Perfons fo trufted for the Benefit of them, and the Heirs, Executors, or Adminiftrators to an Account for the fame VIII. Provided al-joays^ That this Aft /Kail not extend to difcharge any Apprentice from his Apprentice/hip, or fuch poor Children, as may hereafter be bound out by the Overfeers of the Poor, or fuch Children as may hereafter be found proper Objeds of their Care, as is provided for by Law. IX. And forasmuch as it often happens^ that Children are not born till af- ter the Death of their Fathers^ and alfo have no Provifion made for them in their JVills^ Be it therefore further Enabled by the Authority aforefaid. That as often as any Child /hall happen to be born after the Death ci the Father, without having any Provi/ion made in his Will, every fuch Pofthumous Child fltall have Right and Intereft in the Eftate of his o,. her Father in like Manner as if he had died Inteftate, and the fame fliall accordingly be a/Tigned and fet out as the Law dircfts for the Di- ftribution of the Eftates of the Inteftates. CAP. XXIV -mttaihmaiKkmM^mmM^miimm^Am 1759. Jniw Triceff'ino Tertio Regis Georoii II. Cap. I. 75. CAP. XXIV. An A C T for confirming the paft Proceedings of the Courts of Judicature. K^v 3 ^ '' ^"^^^^^ h ^" Excellency the Governor^ Council^ and ^'i'^il^ ^f^f^l-'fyy ^»d h '^' Authority of the fame it iiberehyEmEled^ ^X"-.'<)i( That all Rules and Orders, Proceedings, Pleadings, ^fin- k:W.A)f^M fences, Verdias and Judgments, in the Suj>retM Court^ Court ofJ/Jizc, and General Goal Delivery, Court! of Common Pleas, and Courts of General Scffions of the Peace,and all Executions awarded thereon.prior to this Ad, fhall be, and are hereby ratified and confirmed. Atjd all Proceeuings and Judgment^ heretofore had and made, before »ny Two Juftices, or One Juftice, arc hereby ratified and confirmed. ;AP. XXIV At the General Assembly of the Province of Nova-Scotia^ begun and holden at Ha- Itfaxy on the Seconc/ Day of OS^oher, Jnno Domini 1758, and in the 'Thirty Second Tear of the Reign of Our Sovereign Lord GEORGE the Second, of Great-Britain^ France and, Ireland^ KING, Defender of the Faith, &c. and there continued by- Prorogation until the Firft Day o{Jugufi^ Anno Domini 1759, and in the Thirty Third Year of His Majefty's Reign j being the Second Seflion of the Y'lrMjener- al Jffembly convened in the faid Province. C A P. J. An A C T for regulating and maintaining an Uou/e of CorreSiion or Wotk-Houfe within the Town of Halifax^ and binding out Poor Children. gl'^jT^X E It EnaBed by the Lieutenant Governor, Council and Af- ^ E ¥ /""%' That the ordering and governing the Houfc of ^^ ^ Correftion or Work Iloufe, fhall be in the Juftices of >S.^\£fc>:.{ the Peace in i\\<::\x garter Seffions, (except three Rooms, which iTiali be rcicrved for the Reception of the Poor, under the •T Dircfl-ion tormerProceediogl coafirmed. 3. Ctt. %.tap. 9. The Work-houfeto be under the Di- i-cdion of the Juftj- cerinQnnter Sef- /ionj, («xcept three i cpt'on cf l'(,»»r. its' a . ii^l 74. which flitll be un- der the Diredion of the Overfeers of the Poor) who (hall Hgree with t Keeper of the raid Hotife, fcs. Three of the faid JufticM to htve the nfpeftion of the Houfe.one of whom fliall vifit the fame ence every W«ek. ^ullicM tn commit OiFendtrs. Iteeper to let Of- fender* to work. aad to punifh them fcy Whipping. PcrfonJ committed not to be charge- able to the Govern- wcftr. Anno Tncejftmo Tertio Regis Georcii II. Cap. I, 1759. Dircaion of the Overfecvs of the Poor) and the faid Jufticcs arc hereby alfo impowcrcd to agiee with any Pcrfon to be Maftcr or Keeper of the faid Houfr, (excepting the three Rooms before ex- cepted) upon the beft Terms they can, for fuch Time a« they fhall think advifcable, public Notice being firft given in the Halifax Gazette for that Purpofe, and fuch Mafter or Keeper rtiall account with the faid Juftices in Srjfnnr, once in every Three Months, (if required) therein ftating as well the Expcnces of attending the faid Houfe, as all the Earnings of the fame, II. 3. Geo, 7,. Cb. 9. Sec. 2. And be it further Ena^ed,T\\titt\\c CM Juftices Ihall nominate Three of their Btrtch Quarterly^ to have the Infpedlion of the faid Work-Houfe, One of which Juftices in Rota- tion fhall vifit the fame at leaft once every Week, to fee that fuch Perfons as fhall be committed thereto, arc diligently to Work ; and to rcdify any Abufes that may be found in the Management thereof. III. And be it further Enx^ed^ That it fhall and may bt lawful for the Juftices of the Peace in their General SefTions, or for any one Ju- ftice of the Peace out of Court, to fend and commit to the faid Houfe of Correftion, to be kept, governed, aAd puniftiod according to the Rules and Orders thereof, all diforderly and idle Perfons, and fuch, who fhall be found begging, or praftifing any unlawful Games, or pre- tending to Fortune telling, common Drunkards, Perfons of lewd Be. haviour, Vagabonds, Runaways, ftubborn Servants and Children, and Perfons who notorioufly mifpend their Time to the Negled and Pre- judice of their own or their Family's Support •, upon due Convidion of any of the faid OfFencei or Difordcrs. VI, And he it further Ena^ed, That the Mafter or Keeper of the faid Houfe of Corredtion, fliall have Power and Authority to fet all fuch Perfons as fliall be duly fent or committed to his Cuftody, to work and labour, if they be able, for fuch Time as they ftiall continue and remain in the faid Houfe ; and to punift\ them by putting Fetters and Shackles upon them, if neceflary, and by moderate Whipping, not exceeding Ten Stripes at orice, which (unlefs the Warrant of Com- mitment fliall otherwife direft' fliall be inflifted at their firft coming in, and from Time to Time afterwards, at his Difcretion, in Cafe of their being ftubborn or idle, and neglefting to perform fuch reafonable Tafks as fliall be afTigned them, and to abridge them of their Food, as the Cafe may require, until they be reduced to better Behaviour. y. And be it further Enabled, That no Perfon committed to the faid Houfe of Correftion, fliall be chargeable to the Government for any Allowance, either at going in or coming out, or during the Time of their Abode there : But fhall be maintained out of their Earnings, and the- r'^P^^ I J 759' '^""'^ ^'■"■#'«» TerJio Regis Georcii II. Cap. I. ihc Renuiiider thereof flull be accounted for, by the Mafter or Kce- ^'^'°'^' ,^^- '° *"' per of the fuid 1 loufc -, who fliall keep an exadl Account thereof, and relieved by theKr*. render the fame upon Oath, if requhed, to the faid Overfecrs when P"* demanded. VI. Jnd he it further EnaHed, That if any Perfon or Perfons commit, ted to the faid Houfe of Correftion be Idiots, or Lunatic, or Sick and weak, and unable to work, they (hall be taken Care of and relieved by the Mader or Keeper of the faid Houfe, who Ihall keep an exa«ft Ac- count of what Charges he fhall neccflarily be at therein ; to be rendered to the faid Overfeers, upon Oath, if demanded. VII. Jnd be it further EnaSfed, That the Pay of the faid Mafter or Keeper of the faid Houfe of Correftion, and the Charge for any Ma- terials, Tools, or Implements purchafcd as before mentioned, or ari- fing by the Relief of Perfons unable to work, and other neceflary Ex- pcnces of the faid Houfe, fhall be defrayed out of the Surplus of the Earnings of the Labour done in the faid Houfe, if the fame fhall be fufficient therefor; or otherwife, (hall be advanced out of Money in the Treafury of the Province, to be iflued by Warrant under the Hand and Seal of the Governor or Commander in Chief for the Time being, and His Majefty's Council of this Province, to be reimburfed to the faid Treafury out of fuch Profits as may afterwards arife as aforefaid. VIII. ^td he it further EnaHed, That the faid Overfeers of the Poof Ihall take Order from Tifnc to Time, by and with the Confent of Two or more Juftices of the Peace for the County of Halifax, for fetting to work the Children of all fuch, whofc Parents fhall not, by the faid Overfeers, or the greater Part of them, be thought able to keep or maintain them, or any poor Orphans •, or by Indenture to bind any fuch Children or Orphans as aforefaid, to be Apprentices, where they fhall fee convenient, till fuch Man Child fhall come to the Age of Twenty One Years, and fuch Woman Child to the Age of Eighteen Years, or the Time of her Marriage j the fame to be as ciFeftual to all Purpofes as if fuch Child were of full Age, and by Indenture of Co- venant had bound him or herfelf. Provided always. That one of the Conditions of faid Indentures fhall be, that if the' faid Mafter or Mif- trefs of faid Apprentice or other Perfon to whom faid Indenture may be affigned.fhall tranfport or carry faidApprentice out of this Province^ to refide or dwell in any other Colony or Plantation, that then the faid Indenture ftiall be void and of none EfFect, and the faid Appren- tice ftiall thenceforth be difcharged from any further Service to his faid Mafter, Miftrefs or Afligns. Provided alfo. That the Children main- tained and fupported in the Orphan Houfe at the Expcnce of the Crown, fhall P*y of the Keej»er, kc. how to be dr. frayed. Poor Children t* b«. b«und Apprentices by the Ovtrfecri of tlie Poor, with the confent of two Juf- tices. ProvifoBOt tacafrjr them out of the Province. Children in the Orphas Houfe excepted. '-li ^Ick inH weak per- foni to be fenc ta the Work-houfe, by the Overfeeri otthe Poor onljr, to be there relieved. The CUule rel*. ting to the binding out poor Children to extend through ihc Pisvince. Jnno TrireJJmo 'Ttrtio Regis Gzokqu II. Cap. II. 1759. rhall remain and be undrr the r3iredion of the Governor as heretofore, and bound out in fuch Manner as he Ihall order and direct. IX. 3. Geo. 3. CJ.K 9. Sec. 3. That it (hall be in the Power of the Ovcrfcers of the Poor of the Town of Halifu:< only, to fend fuch Tick and weak Perfons to the Work Houfc, there to be relieved by their Di.edtion, and the Expence thereof to be defrayed out of fuch Taxes, or Poor's Rate, as fliall be granted and collected for the Town of Halifax. X. Sec. 4. That the Direftions relating to the binding out poor Children and Orphans, contained in the claufc aforefaid fhall for the future extend, and be conllrucd to extend, to all the other Towns in this Province. C A P. II. Preamble. An ACT for regulating and maintaining a Light Houfe on Sambro Ifland. ■ All VeiTeli, except Coarters Ice: to >«y a Duty of Six 'cjiccperTon. I Kife* 5J ^-^^ ^^'^ h "» ^^ of the General Jff'embly of this Province 35 ;r g //»////^i An Ad for erefting a Light Houfe at the En: - ' Istjfaf ii of the Harbour of Halifax, made ami paffed at their Seljio^' begun and bolden at Halifax, the Second Day of Otftober, 1758, the Sum of One Tkoufand Pounds out of the Monies then in the Trenfiiry of the Prtvincet collected from the Duties on Spirituous Liquor s^ zvas appro- priated for the ereiling a Light Houfe on the I/land commonly called and known by the Nam? 0/ Sambro Outer Ifland, at the Entrance of the Har- bour of Halifax : Jnd it was EnaSled^ that until fuch Light Houfe fJjculd be srtSled the Commiffiontrs appointed fvr carrying the f aid Att into Execu* iioHt fhould caufe a Beacon and Light to be placed on the faid Ifland for the Benefit of Vtffels coming into the faid Harbour^ Be it EnaHed by His Excel, iency the Governor ^ Council^ and Affembly, and by the Authority of the fame it is hereby EnaSted^ That from and after the Firft Day of September next, there fliall be paid by the Mafter of every Merchant VefTel com- ing into, or going out of the Harbour of Halifax^ at her going out of the 1759- ^""0 I'rUeJfmo Tenia Rcj;h Gfoiicn II. Cap. II. if. the faid Harbour, (other than Coaftcrs and Fiftjing VefTcls, and fuch Tranfport or other Vcffcls employed in His Majcfty's Service as fliall, by their Charter Party, be exempted from paying Port Charges) a Duty of Six Pence per Ton Currency, for fo many Tons as ftialJ ap- pear to the Satisftftion of the Receiver, or by the Oath of the Mafter, (which Oath the faid Receiver is hereby authorifcd to adminifter) to be the real Burthen thereof. II. ProviJfJ, That all Ships or VeflTels whoHy belonging to any Perfon, that is a Freeholder and Inhabitant in this Province, (hall on- ly pay Four Pence per Ton : The faid Duty to be paid before clearing the faid Vcflcl, to fuch Perfon or Pcrfons as (hall hereafter be appoin- ted by His Excellency the Governor for that Purpofe ^ who arc here- by authorifcd to demand and receive the fame, and upon Refufal of Payment, to fuc for and recover the faid Duty before Two of His Majcfty's Juftices of the Peace, or in Cafe the Sum /hall not exceed Forty Shillings, before One Jufticc. III. yfHdbt it furlbfr Ennned, That no Veflcl /hall be deemed a fi/hmg Vc/Tel, within the meaning of this Aft, excepting fuch as (hall be wholly employed in that Bufinefs, nor /hall any Ve/fel be deemed a Coafter, excepting fuch as /hall be wholly employed within the Pro- ▼ince. IV. And be it further Ena£Ted, That every Coafting Ve/Tel /hall pay in Lieu of the faid Duty, at the Rate of Twenty Shillings per An- num, and no more, to be received and recovered in Manner as afore- faid. V. And be it further Enaaed, That all Monies arifing by the afore- faid Duty /hall be paid into the Treafury of the Province, and be applied towards the Support of the faid Light Houfc i to be i/Tued for the faid Purpofe, by Warrant under the Hand and Seal of the Cover- nor or Commander in Chief for the Time being of the Province j and in Cafe there be more Monies raifed than is necc/Tary for the Support of the faid Light Houfe, the Surplufagc to be applied to tho Ufes of the Government. VcflTelibcloniinito Freeholder tn the Province, to pay only Four Pence per Ton. Whit Veffeli dee- med CoaAen Ire. Cotftert to pty at the Rate of jof. per Annum. Monies trifing by the Duty to be ap- plied to the Sup- port of (he Light- houfe. And the Surplui to the Uretof thcGo* veramtnt. CAP. Ill r8. ■ '§■' !*Ntinblt. ,-. I ■ yf;mo Tricejftmo tertio Regis GtoKctu II. Cap. III. 1759. CAP. HI, An A C T for tlic Quieting of t'offcfTions to the Pro- tejiant Grantees of the Lands formerly occupied by the French Inhabitants, and for preventing vexatious Adions elating to the fame. ^'*-*^^J H£REAS this Pi-o'virtce o/Nov» Scoria er Acadte, ami lb f pf/' y Property tbfreof, did always of Right belong to the Crown of f England^ both by Priority of Difeovery and ancient Polfeflku^ * * -and that no Grant of Property to arty of the Lands or territories belonging tbereio, is of any Validity^ or can give the Poffeffor thereof any le- gal Right or Title -to any Part thereof^ unUfs derived front ihenci j And IVbereas by a Tfeaty of Peace conclud, d at Utrecht, in the Tear of oar Lord One Thoiifand Seven Hundred and Thirteen, between Her moft' Sacred Majcfty Anne of Glorious MerAory, ^leen of Great Britahu i£c. And his mojt Cbrijlian Majejly, it was coniluded and agreed 0;;, that all Nova Scotia, or Acadic, with it's antient Boundaries,, and all other Things in thqfe Parts which depend oit the faid Lands, together with the Dominion, Property, and Poffeffton of the faid Lands cmd Places, and all Right whatfoever by Treaties or any other Way attained, which the mofi Chrijlian King, the Crown of France, or any other the Subjeils thereof, had to the Lands and Places, and to the Inhabitants of the fame, are yielded and made over to the ^een o/Grcat- Britain, and to her Crown for ever ; And whereas at the Time of that Ceffton, many of the French King's Sub* jeStsdidreftde and dwell within this His Majejty's PnrifnceofNova. Scotia, and did not remove from the fame, withiH the Space of Twelve Months, ac- cording to the Limitation of ihat Treaty, whereby they and their Pofierity be- came SubjeSfs of the CrowH 0/ Great Britaih in every refpeSl ; not^vithjlan- ding which, contrary to thiir Allegiance, they began from that Time, and continued at all Times to aid, ajfifi, indfupport, and join with His Afajefly\ Enemies -, ahd alt ho' His Majefly, notwithjianding their mariifefl Treajons and Rebellion, in order 'to extend His Indulgence towards them, and if pof- Jible to reclaim and reduce them to His Obedience, was mofl gracioufly pleafed^ by His Royal InflruHions to the Governors of this Province, to declare that the faid French Inhabitants fhould have the peaceable Poffeffion offuch Lands as were under their Cultivation, Provided, That they the faid Inhabitants Jhould within Three Months from fuch Time as Jhoul I be thought proper by the Governor, take the Oath of Allegiance appointed to be taken by the Laws of Great Britain, and likewife behave thcmfelves as became good Siibjeiis : And altho' feveral Proclamations had hitherto been iffiiid by His Majefly's Governors of this Province^ requiring their Oslb of Allegiance, yet fo fir 1750- ^'-f" TiictJ/imo Terth Regis GroRcii II. Ca?. III. V9^ werf they from eheying the famr^ that hy a general DeputaiMi «f their prin^ (ipal Meii^ before His Majefty's governor and CounctU they alr/otulely refu- fed to take the fuid Otthi fo retjuiretl of (hem, but orl the contrary didJlUl caitinueto aid^ ajtft, and join with His Majefty's Enemies, and Five Hun- dred cfthem vjere found in A ms, wthin the Fort of BeaufcjoUr when the feme was furrendered, atidmany of them, in 'Company with the Indian Sava- ges, did frequently commit many horrid and barbarous Murders on His Ma- jefty's ProtejlantJftge .Subjetls^ who were endeavouring to fettle themfclve^ on the Lands within this Province, whereby the Progrefs of the Settlement of this Province, with his Majejly's Proteflant SubjeSts, was retarded, and the Crc^.n put to an excejjive gr(at Expence, to defend and prote^ them I *//./ alfo hyfuci their treacherous Pratlices, His Majefty's mojl gracious De- fi^zrs, as well towards them^ as alfo towards His faid Protejiant Subjeils, were frtr//makc out a lift of all Perfons qualified as aforefaid, who have refided within faid County for three Months preceeding, and return the fame into the Clerks Office of the feveral CourU where they are to ferve, who (hall thereupon caufe the Names of the Perfons fo returned to them refpeAively to be written on diftinft Pieces of Paper, which (hali be feverally rolled up, and put into the Box to be lockt up tnd kept by each of faid Clerks of faid Refpeftivc Courts. III. 8. Ceo.^.Cb.S Jnd be it alfo EnaSled, That it (hall and may i>e lawful for the Supreme Courts and the refpe<5tive Inferior Courts ztid^ar- ter Stffton^ on or before the laft Day of their Sittings in each Term, to draw from the Box or Boxes depofited with the rtfpcdlivc Clerks fuch, and fo many Rolls or Tickets of Names as maybe fufficicnt to ferve as Grand Jurors and Petit Jurors for the Term or Sittings of the faid Supreme Court and SeJJions of the Peace, and of Petit Jurors for faid Inferior Courts next enfuing the Term or Sittings, wherein the faid Grand and Petit Jurors (ha:, be fo drawn as before diredlcd. ahed^ IV. And it is hereby furiher Enaded, That a Precept for fummon- ing the faid Grand and Petit Jurors, when fo drawn, (hall be figned by the Chief or Eldcft fitting Jufticc of the Supreme Court -, and firft i75y. mdcdupon any bitants, or dc« J be pleaded in and jfuftices of nfuch P'raand > forthc Dcfcn- 17 S9- Anno Tricejfmo Tertio Regit Georgh II. Cap. IV. r 11 It: rclaring the (Jemhlyy andhy That no Per- ' Juror, unlcfs i in the Coun- ! Pounds^ or of ds. And that unleft he hath a Year, or is "each County o( April mzkc have reiided Jturn the fame are to ferve, is To returned Paper, which > be lockt up 'ourts. all andinayi>e i«r/; and^tfr- cachTerm, to c^livc Clerks, )e fufficient to ■n or Sittings { Petit Jurors ings, wherein :fore diredled. t for fummon- hall be iigned If Court J and firft firft Juftice of each Inferior Court and Sejions of the Peace, and that each and every Clerk of the faid refpeftive Courts, ihall by Vir- tue of faid Precepts, Ten Days before the Meeting of the then next enfuing Courts, \(^\xt oxxt :i Venire Facias for fummoning the feid Grand and Petit Jurors, purfuant to the Tenor of faid Precepts. V. And be it further Enabled, That every Perfon fummoned and returned as aforefaid to ferve as a Juror who (without fufficlcnt Rcafon to be judged of by the Court) (hall refufe or ncgka: to give his Attendance on the firft Day of the Sitting of faid refpcftivc Courts, fhall forfeit the Sum oiFive Pounds^ and for every Days negleft ofAtten. dance afterwards during faidTermj if a Grand Juror Twenty Shillings and a Petit Juror Ten Shillings to be paid into the Office of the Clerks of the refpeftive Courts to be by them paid into the Trca- fury for the ufe of the Province. VI. And bi it alfo Enailcd, That in Cafe of a Deficiency of Grand Jurors, the number Ihall be compleatcdby Drawing the fame in open Court, and all Deficiencies oi Petit Jurors to be filled up de talibus Cir- (umjtantibus, to be immediately returned by the Sheriff, his Deputy,' or the Corroncr, where the Sheriff is related or a Party concerned.' VII. 7. Geo. 3. Ch. 2. Be it EnaFfed, That any Perfon refiding m the Ifland of Cape Breton, or St. John's in this Province, not being a Freeholder, but that fhall haveperfonal Eflate to the Value of r^w Pounds and upwards, fhall be obliged to ferve on Ju.lcs, and in cafe of Ncgleft or Refufal, fhall be fubjcft-to the Penal ti<« impofed by the above Adt ; all Perfons fo fummoned may difqualify thcmfelvcs by making Oath before the Court, that they are not poffcflcdof per- fonal Eftate to the Value of Ten Pounds. VIII. 17. Geo. 3. Ch. 4. That each and every Perfon who fhall be drawn as a Grand Juror at the Supreme Court, which fhall here- after beheld for each refpeftive County in this Province, fha» ferve as fuch at the faid Suprenu Court and Courts of General Sefjions of the Peace during one Year, from the time of their being fworn in at either of the faid Courts. IX. And be it further Enabled, That no P.rfon who hath ferved as a Grand Juror, fhall be corapeUed to ferve as a Petit Juror in the Cuac Court withm One Year from the Time of fuch his Attendance X. And be it further Enua^I, That Grand Juries lh*tl not be obliged to attend more than Si. Days at each Term of the W^ Court, not more than three Days at each Term of the Quarter Sef- M, unlcfs upon fome fpccial Occafion, and that Petit Juries fluU -u r..- ^c~\. - •••-^ •"-"^^'S i^^;'i from tne iirlt Day of the fmmg of either of faia Courts. X XI. Provided Perfons neglecting errefuflng to attend. Quanficatian of Ju- rors in the Iflaiids of Cap* Breton and 8t. John's. Grand Jurors to ferve at theSupreme Court and Court of SeflioRS for oneYear Grand Jurors to at- tend no more thto 6 dajrs, at Sup. Court 3 days, at the Sef- r. ._ J cither Court. a; Priviledged Perfons Anno Triceffimo !Tertio Regis Georgh II- Cap. I. 175^. XI. Provider! always^ That the Members of His Majefty's Coun- cil, the Members of the Aflctibly, the Tr«afurer of the Province, Regifter of Deeds, Chief Surveyor of the Crown Lands, .Secreta- ries, Miniftcrs, Officers of his Majefty's Cuftoms, Naval Officer ad his Deputy, Attornics at Law, officers of his Majefty's Courts, Com- miflary of the Ordnance Stores, and Surgeons, ftiall be excufcd from ferving as Jurors. II Public GiTniag ai Cards, &c. and all Loiteriei and Pub- lic Gaming Tablet, ihall L. adjudged Nufancei. l.//a>iv<. J*. C.198. All Notes, tec. for Money, &c. won by Gaming, to be raid. Mtig. Stat. 9. Ati. (. 14. Se£l. I. I . Strange 49 j. At the General Assembly of the Province of Nova-Scotia, begun and holden at Ha- lifaxy on the Fourth Day of December, Aim Domini 1759, and in the 'Thirty Third Tear of the Reign of Our Sovereign Lord GEORGE the Second df Great -Britain, France, and Ireland, KING, Defender of the Faith, &c. being the Firft Seflion of the Second General Affemhly convened in; the faid Province. C A P. I. An ACT to prevent Caming, ^SC^JS^X E it Ena5ied by His Excelicncy the Governor, Council and Jf^ \ 5 P fi"^^hy ""^ h tl^e Authority of the fame it is hereby Enacted^ 9^ ^ That from and after the Pliblication hereof, all Public )*Ci^r^)K Gaming at Cards, Dice, Tennis^ Bowls, or «ny other Games whatfoevcr, and all Lotteries, and Public Gaming Tables, flull be deemed and adjudged to be Nufances ; and all Notes, Bills, Bonds, Judgments, Mortgages^ or other Sccuritie* or Conveyances whatfo- cver, given, granted, drawn, or entered into, or executed, by any Perfons whatfoever, where the Whole or any Part of the Confidcra- tion of fuch Conveyances or Securities (hall be for any Money, or other valuable Thing whatfoavcr, won by Gaming or Playing at Cards, Dice, Tables, Tennii, Bowls, or other Game or Games whatfoever, or by Betting on the Sides or Hands of fuch as do game at ahy of the Games aforefaid, or for the reimburfing or repaying any Money know- ingly lent or advsnced for fuch Gsming or Betting as aforefaid, or 'cnt and advanced at the Time and Place sf fuch Play, to any Pcrfon or ^759- 1759- -^"no rriceffimo Tcriio Regis Georgii II. Cap. I, «5. ly's Coun- ! Province, 5, .Secreta- Officcr ad Lifts, Com- cufcd frorfii ovince It Ha- ", u^nno Third I Lord 3ritain, ider of [ion of led in, i'il tin J Jjl y Enaiteil^ 11 Public my other ibles, Hull >, Bonds, i whatfo- , by any -onfidcra- loncy, or at Cards, liatfoever, fiy of the cy know- rcfald, or ly Pcrfoii or or Perfons fo Gaming or Betting as aforefaid, or to any other Pcrfon «r Perfons in Truft for, or to the Ufe of them fo Gaming or Bettings or that (hall, during fuch Play, fo Game or Bett, fhall be utterly void» fruftrate, and of none EfFedl, to all Intents and Purpofes whatfoever : And that where fuch Mortgages, Securities, or other Conveyances, ihallbeofLands, Tenements, or Hereditaments, or (hall be fuch as incumber or affeft the fame, fuch Mortgages, Securities, or other Con- veyances, ftiall enure and be to and for the fole Ufe and Benefit of, and fhall devolve upon, fuch Perfon or Perfons, as fhould or might have, or be intitled to fuch Lands, Tenements or Hereditaments, In Cafe the faid Grantor or Grantors thereof, or the Perfon or Perfons fo in- cu.ubering the fame, had been naturally dead, and as if fuch Mortga- ges, Securities, or other Conveyances, had been made to fuch Pcrfoti or Perfons fo to be intitled after the Deccafe of the Perfon or Perfons fo incumbering the fame ; and that all Grants or Conveyances, to be made for the preventing fuch Lands or Tenements or Hereditaments from coming to, or devolving upon fuch Perfoo or Perfons hereby in- tended to enjoy the fame as aforefaid, fhall be deemed fraudulent and void, and of none Effed to all Intents and Purpofes whatfoever. 11. And he it further Enaaed^ That from and after the Publication hereof, any Perfon or Perfons whatfoever, who fhall by Playing at Cards, Dice, or Tables, or any other Game or Games whatfoever, or by Betting on the Sides or Hands of fuch as do play at any Game or Games as aforefaid, within Twenty Four Hours, or at any one Meet- iiig or Sitting, lofe to any one or more Perfon or Perfons, fo Playing or Betting, any Sum or Sums of Money, exceeding the Sum of Twen- ty Shillings, or any other valuable Thing or Things whatfoever beyond the Value of the Sum of Twenty Shillings, and fhall pay or deliver the fame or any Part thereof, the Perfon or Perfons fo lofing and paying or delivering the fame, fhall be at Liberty, within One Month then next following, to fue for and recover the Money, or Goods fo lofl and paid or delivered, o. any Part thereof, from the refpcftive Winner or Winners thereof, with Cofts of Suit, by Aftion of Debt founded on this Adt } to be profecuted in any of His Majefty's Courts of Record in which Adion it fhall be fufficient for the Plaintiff to alledgc that the Defendant or Defendants are indebted to the Plaintiff, or received to the PlaintifPs Ufe, the Monies fo loft and paid, or converted the (ioods won of the Plaintiff to the Defendant's Ufe, whereby the Pkun- tiff-s Adlion accrued to him according to the Form of this Aft ; and in Cafe the Perfon or Perfons who fliall lofe fuch Money or other Thing as aforeCiid, fhall not, within the Time aforefaid, really and bonafid^^ «id without Cotin or Collufion, fucand with EfFed profecute fw the Money or other Thing fo by him or them Jofl and paid, or delivered as aforefaid, it fhall and may be Jawfull to and for any Perfon or Per- fons, within One Month thereafter, by any fuch Adion cr Suit a$ ^r^fiiiJ, to fue for and recover the fime with Cq(Is of Suit, againfl fuch E»g. Stat. ti.4ut r. 1 4. Sta. 2. Pcrfoni lofing more than 201. «yithin 24 HoHfl. Vtrfitj Panulei. 2. ]»/.vcr the fame froxB the Wi«ntr within One MojitA) And in cafe fuch Perfon (hall not fue within that Time, aay other Pctfon ITiay fii£ for ^Ttil recorer the fune within One Month after. Jnno Tricejfimo tertio Regis Georgii II. Cap. I. »759- ,'1 dnf Half to the Ufe of tlie Joor. Parents, &e. of Perfons under Age, may fue for Money, &c. won from then- F.ng. Sfat.tS.Car.Z. t. 7. Sect 2. Uf a. Jnn.c.l^. Secl.^. PerfOBJ winning any money, &c. fraudulently^ to farfeit ^'M Time* the Value. 2. Sira. \oi\.t. Rtx nierfui Luckup, Ihe Finmltymufi hifiud fir, after tit C»«- Two Ja{5i««i mtf wrdcr Gaming Tablet to be re- moved, a* Public KufaaCM. Ac. fuch Winner or Winnrfes, and ^s or aay Town of Province. •fchiffs which iding Horftt "•'tag! of B:tr- tbe To'xn of '■ EnaSled by ^hff Juthority the Publica- :e whatever, c Charge of Sled, fhall or upon any ! Streets or fuch Driver aft or Thill ;th, or (hall upon Pen- upon Con- re any One ■"our Hours Offender's Labour for , under the lys, or any I fuch La- 'cace, upon f them, to Corrcdion, 1 Manner of difchargcd. roprictor of rfons, /hall ■fc Harnefs any other y of Twen- ion, on the ; Mtjefty's r fuch Of. ly the ianie, to be levied on the Goods or Chattels of fuch Offender, by War- «ant of Dillrcii and Sale under the Hajid and Seal of the faid Juftice. .., "h "^a ^'r. ""^ ^'""^''"' '"'"'^"^^ ^y ^^''' ^^^ to be paid Inte tne Hands ot the Surveyors of the Highways for the Time bein- ^'""'» K«Pr'I!«l to be by them applied towards the repairing and amending the famt " ^P'""'*''-'''' CAP. IV. An ACT for the better and more effedual EftablilK- ment of the C6urc6 of Engla7id\ii this Province. I ^ Eit Enanedl/y His E>:ceUmy the Covm:or, Council anol I 5 Jf Aff^nhly, and ty the Authority of tb, fame it is hereby Euac- ^ %^ ted, 1 hat hereafter when any Church, Chapel, or Place *>S4;Ct ^ of Wor/hip fhall be ereftcd in any Part of this Pro vmce for the Celebration of Divine Service, according to the Rites and Ceremonies of the Church of England, it fhall and may be lawful for His Excellency the Governor or Commander in Chief, with the Ady.ce and Confent of His Majefty's Council, to prefcribe Limit, and al ot a certam D.ftr.ft, which fhall be the Parifh of the Church fo ereft. CA' ■ [' ^*'" ^"'^ '"''y ^' ^'^^"^ ^°'- "^^ Inhabitants or Perfons rdidmg w,^m the faid Diftrift. to meet for the Choice of Church Wardens. Veftry and Parifh Officers. wWch Choice fhall be madu yearly, and arthe fame Time and Manner as is prefcribed already for thePanihof^..i>.«/..i„^,/y;-,,^ ,„j ,„ y,J Adts and Pro ceoimg, of the Ririfhioners. Church Wardens, Veftry and Par ^ ?a^rfnf ''"";-'° ^"^^'' -n Behalf of'thefaidVhurchan^ •J/ pt/'!'?^. V- "i r ^ '° • ^' ^"'" "^^ Regulations fet forth for And the fa.d Church Wardens and Veftry are hereby impowerei to^adm the fame Mourner, in aJl Cafes, a« is prefcribed'in faid P«"n,^l^'y'n*'''^''''-^'-'^' '^'^*^^^'*^^"^<^ Warden, of every Panfhw,thm the Province, together v^ith the Ovcrfeers of the Poor M have and exercfe the fame Powers and Authorities in every 1- fpeft as are given to the Overfeers of the Poor, by an Aft intitkd ^. A, for Regelating .nd Maintaining an Houfe oVcor'^tn .Wort Houfe^.j//.„,,,r.«.«./ Halifax, and for binding out PoorChZT- ^nd^al^^^b^yanA^i,,,,,,^,^,^^^ CAP. V. When any Church &c. /hall be here- after creftcd, the Gover«or k C«un- L'il to prefciibe the Limits of the Pari& • Ih 'whtit Mannef Parachoil Ckurehes are founded, VideDt. Burn't Ecd. Laiv. 2.-Vl>l, J 32, Bf. GihjQiii tV. Jur. Eccl. Jttg. Tit, 9. Church Wardens, fcc. to be chofen an- nually, in Manner prefcribed for the Parifti of St. Paul's in Halifax. Powers and A«thbout the Town of Halifax. II. Jnd be a further EnaHed, That if any Carman or Owner of Trucks or Carts, or any other Carriage, (hall aflc, demand or receive, from any Pcrfon, any other or greater Rates or Fare, than is al- lowed and prefcribed by the Table aforefaid, he or they fhall forfeit »nd pay the Sum of Twenty Shilling*, to be recovered on the Oath Of the Profecutor, before any One of His Majcfty's Juftices of the Peace for the County of Halifax, and to b« levied by Warrant of Dif- trcfs : One Half to be paid to the Profecutor, the other Half to be tpplicd to and for the mending of the Streets of Halifax. III. And be it alfo further EnaSfed, That the Juftices of the Peace %t the ^arier Sefions, held in and for the feveral Counties within the Province, arc alfo impowercd and hereby required every Year, in the Months of March and September, to regulate the Fares and Rates of Carriages for the feveral Towns in each of the faid Counties, in like Manner and with the fame Penalties, and to be recovered as is di- retSed by tht preceding Claufcs of this AA ; One Half of the Fines and Forfeitures to be paid to the Profecutor, tnd the other Half applied to and for mending and repairing the Streets of the Town where fuch Offence fltall be committed. I^BiiBii At «759- cof CVir- beOvnen of Warti (!h4 and bttrthen- tbefamey Bi ibly^ and ly ices in tlieir Ihall twice )f September, od. Barrels,- wn of Halt- ice of Hay, i and /hall It their Sef- laces in and >r Owner of I or receive, than is al- Ihall forfeit n the Oath ices of the rant of Dif- • Half to be he Peace tt. within the fear, in the id Rates of ies, in like i as is di- e Fines ami lalf applied where fuch 17^0. Mno Tricejgim, Quarto Hegis Gio»cn. II. Cap. I. At the General Assembly of the Pro- vince of Nova Scotia, begun and holden at Halifax, on the Fourth Day of December, ^[^^0 Dmimi']S9. and in the Thirty Third Year of the Reign of Our Sover- eign Lord GEORGE the Second of Grvat Britain, France and Ireland, KING Defender of the Faith, &c. and there* continued by feveral Prorogations until the Eight Day of September, Anno Do- nJim 1760, in the Thirty Fourth Year of His Majefty's Reign, being the Se- cond SefTion of the SecondGeneral Jffembly convened in this Province. f^ C A P. I. At An A8i for the afcertaiinng Damages on protefted Bills of Exchange. ^ ^g ^;^ f '""-'^^^ h His Excellency the Governor, Council, and ^ 5 ^ Affembly, and by the Authority of the fame it is bereh^ EnaEi. d^awnV ^*^°"[^"d Seven Hundred and Sixty, all Bills ofExchahge drawn from and after fa.d Time, by Perfons refiding within this ftall be fubjed to Ten per Cent. Damages, and Six per Cent, per Annuni Intereft from the Day of the Date of the Proteft on faid BUI, fa,d, that al Bdls of Exchange drawn by Perfons refiding within the Provnce, f" fa.d Time, on Perfons in the other CoionL. and fen back proreftcd (hall be fubjed to Five per Cent. Damages and Six feft .1 t" c^ ^"'''''*' ^'""^ '^' °*>^ °^ *he Date of the Pro- telt to the Time of Payment .nfn^^l^ ^'/^"'f' ^'"'^'^''^h^he Authority aforefaid. That .11 Bills tnd Orders drawn from and after the faid Second Day of 0/f.^.r next by Perfons refidmg within the P«>vince on Perfons living or r^Xl m the fame, that fhall be protefted, fhall be fubjeft tolixperCent I ntereft from the Date of the Proteft to the rJ.^f P..!.!, 2 CAP. II. Foreign Bills of Exchange. Cn. Car. 301. Bornaby virfut Ri- gait. I. ViHt. 4j. Inlind fiilli of Ex. change. ing-St. q.i^f 10. WUI 3.,. ,7. £"1. Stmt. 3. 4:^ 4. ■^n. t. 9. mtult ftr- fitHumI iy 7. Mn. i. I . Sa/i. I 3 1 . /fa- 09. Anno Trhefftmo i^arfo -Rt^it Georou II. Cap. II. 1760. *'• ! The M«tk« Houfc to be open fromSua tife to One o'clock, every Dty in the %Veek, and on JSa- turd«yi till Ten o'- Clock It Night. A Keeper to be'tp. pointed by the Go- vernor, hit Duty and Salary. Keeper to kive the Power of a Con- ftable. Rates for th(SttIl>. i'i CAP. II. ^n Aa for Eftablidiing a PuUk Market at the Market Houfe in Halifax^ and lor regulating the fame ^"*9^c^5J( Eit BtaSltd by tits Excellency the Governor, Council, nnd £ ^ S ^■^"^^^■^' ^"^ ^y ^^^^ Authority of the fame it is hereby Enaff- l«ai ^f € "^' "^^^^ ^^'^ Market Houfe newly crcftcd in the Town in'mt^M ofUt!ifi», fhall be open on Mondays, Tucfdays, Wed- nefdays, Thurfdays, and Fridays, from Sun rife to One o'Clock in the Afternoon, and on Saturdays from Sun rife to Ten o'Clock at Night, for the Reception of all kinds of Butchers Meat, Poultry toth alive and dead. Roots, Greens, Fruits, and other Vegetables, which may he brought for public Sale therein. The Firft Market Day to be held on Monday the Thirthcenth Day of Odober next enfuing, and fo to continue in Manner aforefaid. II. And be it further Enabled by the Authority aforefaid. That a pro- per P .rfon fhall be appointed by the Governor or Commander in Chiet, to be Keeper of ^e faid Market Houfe, who fliall open and ftiut the fame at the Times herein appointed, and caufe it to be kept clean, fweet, and in good Order : And the faid Keeper is hereby im- powered to let the Stalls, and to fue for. recover, and receive, from the Pcrfons who fhall occupy the fame, the Monies arifmg from the Rents, agreable to the feveral Rates herein after mentioned -, which Momes he fliaJl account for upon Oath, and pay to the Treafurcr of the Province once every Three Months ; and for his Services in this Office he fhall receive a Salary not exceeding Forty Pounds per An num. ' in. And )Vherens Diffutes nnd 'Controverfes do often arife in public Markets, which end in Quarrels and Frays ; for preventing 'u;bereof as much as poffible. Be it EnatJed by the Authority aforefaid. That the faid Keeper of the Market Houfe fhall be invefled with all the Power and Authority of a Conftable, in all Matters relative to the keeping Peace and Order in the faid Market , and fhall accordingly be fworn into that Office, before any Two of His Majefly's Juflices of the Peace or at the next General Sefjions of the Peace for the County of Halifax after his Appointment. y , ncr IV And be it further EnaHed, That every Perfon who fhall hire One of the faid Stalls by the Quarter or any longer Time, fhall pay Quarterly to the Keeper at the Rate of Eight Pounds per Annul for the fame ; an^ thofc who fhall hire any of the faid Stalls for z fhorter Space of Time, fhall pay at the Rate of One Shilling and J f/* \ii.«~ II. 1760. 1760. Jhho Trictfimo i^^iartoRcgii GlOrcii II. C AP. 11. et at the lating the Council^ and •.rihy Enail- in the Town days, Wed- ! o'clock ia o'clock at 'oultry toth blcs, which :t Day to be ifuing, and That i pro- imander in II open and : to be kept hereby im- :cive, from J from the ed i which Veafurcr of 'ices in this is per An- •i/e ifi public whereof as at the faid Power and ping Peace fworn into : Peace, or lifax, after fhall hire ftiall pay per Annum )talls for 2 illing and Si.>c Si. Pence per Day to the faid Keeper; but live Poultry, Fruits, Greens rV, and other Vegetables, (hall beeypofed to f;*Ic on the Benches under YuSi the Piazza, Rent free. 5'. Live Pooltry ke. fj lie fold in (he y. And be it farther Em.^e,l, That the Pcrfons e>fpofine to S«le any Butchers Meat, Poultry, alive or dead, Roots, Greens, Fruit! or other Vegetables, as well within the faid Market Houfc, as with out under the Piazza, fhall conftantly keep the fame clean, fweet and .n good Order, to the Satisfaction of the faid Kecper,on Penalty of for fcitmg to the faid Keeper the Sum of Two Shillings and Six Pence for each and every Negledl ; and the faid Keeper is hereby impowered im. inediately to demand the fame, and in Cafe of Rcfufal, the fame fhall be levied by Warrant of Diftrefs from any one Juftice of the Peace, with Cofts. VI. And be it alfo EnalJcd, That if any Perfon ftiall fell or cxpofc to Sale, any of the before mentioned Commodities within the Town or Pemnfula of Halifax, or on board of any VelTels in the Harbour thereof, untU fuch Commodities fhall have been firft carried to the Market Houfe, and there publickly expofed to Sale, during the Market Hours , or if any Perfon or Perfons whatfoever fhall pre- fume to fell or Lxpofe to Sale, on board any Veflbl in the Har hour or m any Shop, or Stall within the Town and Suburb, of Habfax (other than in the faid Market Houfe) any Butchers Meat or other the Commodities above mentioned, during the Market Hours herem before appointed; he (hall forfeit a Sum not exceeding Five Pounds for every fuch Offence; to be fued for and recover«i be- fore any Two of His Majefty's Juftices of the Peace for the faid County : One Moiety to be paid by the faid Juftices to the Trea- furer of the Province, for the Ufes of the Government, and the other Moiety to the Perfons who Ihall inform and fue for the fame. yil. Provided always. That nothing in this Aft contained, Ihall debar the Agents or Contractors for Vidlualling his Majefty's fhips and the Army, to import the neceffary ProviHons for fulfilling thei^ refpedive Orders or Contrails, without expofing them to public Sale, as is herein before direfted, VIII. And be it further EnaHed, That all the Monies arifing from the Rents of the faid Market Houfe, over and above the Keeper's Salary, ftiall be applied to the keeping the faid Market Houfe in proper Repair, under the Infpeftion of the Clerks of the Market for the Time being; and the Surplufage, ifanybe.is hereby grant, ed to His Majefty, and ftiall remain in the Hands of the faid Trea furer, to be applied in the firft Place, for building a public Slaughter Houfc, and thereafter for the Ufes of the Town of HalifaK only. IX. 7. Perfons felling Meat, &c. tulceep the Hoafe cletn, on Penalty of as. 6J. Penalty £j, for fel. ling Meat, &c. out of the Market, before it haj been brought there and expofed to Sale during Market Hours. Not to extend to Contraflori for vic- tualling the Army and Navy, Application of the Money raifed by Stalls. fi*. 'crfoBi Mmiag from th« Country •with deid Mmi, *c. m«jr Ml the f«in« It any Time 10 my Perfon, (not being a Butcher or Huckftir and may Ml the fame in the MirketHouCewitk* •ut any Bxpeiicc i'it Stall«|e. tttvakk. ComtniJEanert of Sewers to be ap. pointed by the Go. vernor and Coun- cil, their Power in^ Authority. //«»» Triee/Umo (O^ar/. Re^h GlOROii H. Cap. HI. J760. IX. 7^Geo.iXh. 7. It uEnan^d, That any Perron coming from the Country w.th .ny Qu.ntitie. of Dead Meat. Poultry and Pig,. ber y to fell tnd. difpofe of the fame by Hand, in any of the Street. l^r i^ u J "^'* °'' ^^'^^'^) « «ny Time, whether wuhrn Market Hour, or without, and that fuch Pcrfons ftall have free Liberty to carry ./. Obftruaions as pre- vent tbofe hands from bei,^ immediately ufeful. Be it EnaRod by His Excel- lency the Governor, Council, and Affembly,and by the Authority of the fame U « hereby Enabled, That it fhall be in the Power of the-^Governor Tr Commander m Chief, with the Advice of His Majefty', Council, up- LtTf . "^°^?\^'^''"^°"°^^"^^^»"'*»« 'og""' Co;mif- *r /u n r*"' *° H'^ ""^ ^° '"^'^^ *^^« *"^ difcrect Perfons as to tibem ftall feem meet, for the building and repairing fuch Dykes and Wears a. are neceflary to prevent Inundations , and alfo for the damm- tng andflowing of Swamps, and other.unprofitabic Grounds, and drain, jng of them : By which Commiflions the faid Cmmiffioners fhall be impowered to meet and convene together from Time to Time as OccafK>n may require, to view, confider, confult, and contrive fuch ways, and Methods for building and repairing fuch Dykes and weir., a. we ncccfTary to prevent Inundations, and for the drowning tad draining of Swamps, and other unprofitable Grounds-, and to Jmplojr Workmen and Labourer., for fuch reafonablc Wages as mav ^ Tr T* »^ ^^'^'"S '^^ ^'■'"''^" • *"d from Time to Time to affefs and tax all fuch Perfon. as may or (hall be Owners of fuch Mcadow^j. Marfties. or fuch unprofitable Swamps and Lands as aforc- ft.d. towards the Charge thereof, having Regard to each Perfon'. Quantity of Land and Benefits to be received thereby, as equally, ac- CorHinfT ',-60. ^m rrh(tr,m i^mm Rrp, Gto.c, II. Cap. III. «! i"« .^e r»n:;::f::K'pSrj^; t/; f,7^ jsf =H^ -^ p-.- ConftabJes for the faid C^untv to r * ^f ''^ ^° ^"^ ^ne of the Chattels of fuc,a>erfonorTcL:i:.;"' '"" ;'^ ^°°^^ -'^ her. or their Part or Propo t.W fu h aS""' " u^t""^ *° P^>^ ^"> of the faid Goods and Chattl t L r n ^^'^'^;"*="^' ^X ^iftrefs and Sale Profecuting ,h=fune, S C;S,1 '"" ^"^"'^"'^'^ "'^^ ^°«^ ^^^ •Shilling., and for ^ant oj Go^L ; iT^":' ^^^ '"^ "^ ^ '- BodiesofallfuchDelinnu nts andc T' *° 'PP''^'^'^"^ ^he A>n Satisfaaion and Pa>lerb;:ad?a?i:eS" '^'^ '"'°'^^ ^^" Prlpnetr?:f ^;^*Ltdt dyi^at tf' ''Y' ^^^-P-o-r »"d by the before mentioned r^ t "'"''^' ** diredled in and I. SiJ. I4J. to be fworn and iiave SeJwicJ. Juftices impowered 10 grant Warrantj for levying Afleff- »»entiontheCood», tie. %{ fuch ai re- fufe topaj. with Five Shillingj Cotit. '"d by the before mentioned A ffl 'Hi"'' 'i.""*' " ''i«a«d in ,„d Drii«,n,„, Prerti r.oods or Chattel., to ,„f;„ tifhe '"f "if"' "."" "" ""''"i "/ r.'„,'-b"t%';! .- _ofa„>. Afl-e5.e„t made b/commMn::.'^''!"'' "' ''-P°- ^S;XSS, t.on of any Aireffmcnt made by c'l^ V »'"''"'<1 " Propor- '»B 'o I„w, itihalUndmay be WuTf°""' A^ ''""'" '""d- 'y» Juftices of the Peace for the r '"'' °"= °' '"''' Majef. " l« out any Pa„ of fuch M ^^r,?:'' J ^ [-<. Land. i.. &c. -<»■■ IM Anno Trkeffmo ^tario Regh Georcii II, Cap. III. i7bo. 1? t a.9ld k ^i«ds ofabrentPro- piietors may be fold, to pay their Proportion for dyk- inganddrainingthe fame, if no Dillrefi «an be foBnc' on the Prenilflct, Jkc. Owner 4c. of M.rft Landa Ihall attend himfelf or lead a fufficient La. bourer in commtJn Cafea, to work in nufing Dykes Ac. In Proportion to the <^antitiesof Landi he Hiill poflefa. Oxen ic Carti may be employed in lieu of dabouren. ficient to pay by the rrodiice of the fame, any fi.ch Dividend or Proportion of the Sum fo due. V. 2- Ge:a;:t Governor Council, and JJJmbly^ That from and after the Publication hereof, each and every Owner or Poflcnbr of Marfh Lands in any Town, fhip, Diftrift, or Place, within this Province, (where Commifltoners of Sewers are appointed) fliall in all common Cafes, either m rai- fmg new or repairing old Dykes^ or draining Lands, attend either by himfelf or provide a fufficient Labourer with proper Tools, towoik at the Time and Place appointed by the faid Commiflioncrs of Sewers, agreeable to the Rules and Regulations made for that purpofe ; and when it (hall happen that any Owner or PoffefTor of any fuch Marflv Lands in any To^nfhip, Diflrid, or Place, fhall have, occupy, or receive, this Produce of a greater Quantity of faid Land? than one Right or Share, in fuch Marfh, that then and in fuch Cafe every Owner or PofTeffor fhall furnifh a Number of Labourers in Propor- tion to their rcfpeftive Quantities of Lands, as agreed on by the CommifTtoners of Sewers : And where it may be neccfTary to em- ploy Oxen or Cart«, for the more cxpeditioufly carrying on theif Work, each and every Owner or PofTeffor of fuch Lands, who have Oxen or Carts, fhall in like Manner be obliged to attend with, or fond fuch Oxen or Carts for the Work aforefaid, and in the afore- faid. Proportion, in Lieu «f Labourers. II. ProvUtd ■HIHI ^M>l.dHM^ II. 17 bo. 1,760. Jniw rrkeffimo ^tarto Regis GiORcir II. C AP. III. Dividend or lall appear to ietor, in any raining fuch PrtmifTes ro 5 of Sewers iblic Prints, of fuch dc- to hire the lers, or any lity, to fell Delinquent's 5ay any fuch he Charges ; ppojnted by mmifllcncrs j d and dircc- ;llvcr Seizia (for whicli Hi Shillings ry notwith- !/•;/ GcvenioT :ioii hereof, any Town, mmlfltorters ther in mi- nd either by , to woi k at of Sewers, ■pofe ; and fuch Marfh, occupy, or 1? than one Cafe every in Propor- oa by the iry to em- g on theif who have \d with, or 1 the afore- VII. .,c6V. 2. Provided always. That fuch Owner or Poribflbr of fuch Lands to be dyked or drained, fhall have at leaft Six Days Notice t( the Time and Place where fuch Work is required to be done, by ohe or more of the Commiffioners of Sewers, or by fomc Perfon an- pointed by them for that Purpofe. . ^ VIII. SeA. 3. i>,d he it further Enaned, That in Cafe ofahyfudden Breach m any Dyke or where any Breach is likely to be made orlnun- dauon oceafioned by Storms, high Tides, or otherwife, each and every Owner or Pofleflbr of Land within fuch Dyke, fiaJl imme- diately, on Notice bemg given by any one or more of the Com- nuffioners of Sewers or Perfom, appointed by them, repair to the Place direfted. w.th proper Tool,, to labour and ufe their utmoft endeavours to repair fuch Breach or Place likely to be a Breach and fhall continue td work from Day to Day on the fame, fo long M the Comm.mon«rs of Sewers /hall judge it abfohitely nccefTarv^ for prcfcrvmg the Land and Produce within fuch Dyke from Da- mage. any Mar/h or Dyke Lands within ahy Townfhip. Diftrift, or Placd -th-g theProvmce., aforefaid.,, (hall negled or refufe to attend ?^ie and'p," '° "' * '"^'^'^"^ ^"'"^^ °^ labourer, at the Time =^nd Place to be appomted by the Commiffioner. of Sewers Pofleffion. (due Notice havmg been given as aforefaid) each and every delmquent Owner or PofleHbr of fuch Lands fhall forfeit and pav! over and aborethe Afleffment or Tax to be made by virtue of the aforemennoned Adl. the Sum of Five Shillings for evefy D y 's N g fo of"f H f f" "u' "'' ^^"^ ^^'^''""^^ ^-^ O-er or PofS- fo of fuch Lands ought to have fent. And if fuch Owner or Poflbf- r HH^ r\ ^^" '"S^^^ °^ -'"f= to attend nnd labour, where nyfudden Breach fhall happen, or l>e likdy to happen to a^ fuch Dykes on immediate Notice given to fuch Owner or PofTe^or fu h D.l:,Kiue„t Owner or PofTefTor (hall forfeit and pay the Sum of Ten Sh.ll ngs for each Day. Kegle<5t. for each and eiery Pe./on which ^ou d have been fent by him. and fo in like Proportion for Oxen and oneofH,sMajefty..juft,c„ofthePenceforthc County where Z Srfuc^Drfr'rrl"''""*"^ °' ^°°^' and'chattelst fatisfy fuch DHhefs and Charges, the Land, of fuch Delinquent or fo much as fhaa be fufficient, fhall be held and let out^by f^^ ChtlT V'%^-°'"r ^"°' ^*" ''"-"^ *° ^h' Fine ^d Charge, fo evied. m the fame Manner as i. direded by Law for . Dehnquent s Proportion of AfTefTment, or Taxes for making and int' th"f hJ, d? Jt:^\^-" -fi"g from fuch Fines to beVa"' into the Hand, of the CommifTioners of Sewers to be appropHat- ed for the making and repairing Dykes, in the Townfhin^ n?".; m Place, wnr.cthc fame fhall be recovered. " ' ' V. 21. 95. Six Days Naiice ta be given of the Time and I'lace where the work is to be done. In cafe of any fud- dcn Breach in any Dylte &c. every Owner or PoffelCor of Lands within fuch Dyke, fliall immediately repair to the I'lace dir!l arc cut oft' the Land of any Pro- prietor, in any traft cf iVlarlii . Land, t)) kc'J in common lor malting Dykcj, or, that the Land of any Proprietor [is wa/hed away, and kc Ihall lorjfe a part orvfh&le of his Lot, J"'>r the niaJclng Dykes to fecurc the piece ofMarfh Land lu held in cunuiion the Commiffionerj tifSewers/hall caufe « valuation to be made of the Lofs fiillained ; •nd the fame flull be made good by an AirefTment, w by other Land*. Appeal to the Go- vcnor and Council. Jmo rrhejjlm ^-^larto Regis Georcu II. Cap. IV. —v 1760. Uundandjffenudy, That when it ftall appear that the Sods or Soil Ma. fh Land dyked ,„ common with other Proprietors, for the Pur pofc of dyk,,^, ,n the fame, or, that the Land of fuch Pronrie or ^a have been waftied awiv hv t\,^ t.a^ ,-> ,. ropnetor ihall by the makinlnf ' ^ rf . °' ^ "•"""' °^ '^^ ^'^''^ ^"^ that Marfh r^f u .T' ^>''^«'t°f«"rethefaid Piece or Trnft of Marih-Land fo held ,n Common, fuch Proprietor Ihall have loft a Par made of h.T r r l I°^"^'P' *° ""^-^ * j"ft Valuation to be whth V ? ^°^^' ^"^h ^-P^i«°^ Aall have fuftained as aforefaid which Valuation fhall be made by at leaft five Freeholders, not in e«ft ed m the P.ece or Trac^t of Mar/h, where fuch Lofs fhal hav^ ble. ^1f" t Jail?;' 'T':: ^^"'^ ''' '^P-^'-^y - Value the famT J and ' V^*" ^^PP«" ^hat there ,s in fuch Trac^ or Piece of Marfh- t mak:'tr.rr"?7;l^^^^^^ lyingin common and undivided, dec«e PorT^ ^he Lofs fo fuftamed, the Commiffioners of Sewers fhal tlZu r y •"' ^'''^'''^'^'''^^ to make good the fame to fuch Proprietor; or, on failure of fuch undivided Land, by an A -e.Tment for the Value thereof, to be paid in aTuft Pro portu^namoK, :h. other interefted i. fuch Piece or Trad " 0/ Marfh." .J\ ^''^^'^"^^ 'I'^^y^^ That any Perfon thinking himfelf aggrie- ved at any Procedure had or made by thefaid Comliffioners. of aTy others mPurfuance of this AA, may appeal therefrom to the Gover- So„'':;:n'/°;^''f ^'° are hereby impowered to order the PofTefllon of all fuch Lands as are held for Payment of the AfTelTments bcforementtoned,tobereftoredto the Proprietor on Pr.of beforl them, that t .e faid AfTeflVnents have been received out of the Profit Preamble Lands within the Peninfula of tti//- /"x, not improved fofitvcn Ye«rspall CAP. IV. ^n ACT for encouraging the Improvement of Lands in the Peninfula of //^/^^.v, and further quieting of PofTefllons. ©-^aWf^O 11 ERE A Sgnat Inconvenienciei and Prejudices have arifet, ^ W ^on Account of not improving the Lands ,n the IKmnfula of %^ es.2 "f f"x; f ^^^'^■"^^'" h'^' ^^f'"^' of feveral Granteei kf-^JfCQ andtbr Negkil and Death of others, many of the Lots lie wajle ■ IH order therefore to encourage the Improvement of the Land; -Mithin the faid Peninfula, Be it Enabled by his Execllencythi Governor, Council, and AJfembly, and by the Authority of the fame it ts hereby Enaifed, That iti all Cafes where the Grantees of Lands w' ... ci^c ^d Peninfula, have beei)> »7^. Mno Triceffimo Shiurto Regl 'V GiORcji H. Cap. V. ijo PerfonsinRightoffuch Grantee h .""^ "* ^"'^' »"d ^all and^aybcfawH upon ?! " ^^^^^^^^ Taid I^nd. ; it Twelve Menfworn for tiat Puroofc h u °\.°^"' «" ^he Oaths of Efcheats and Forfeiture, a cc3n' . . '''^°'' '^^ Commi/fionor of -d*, anddul,rcturn:d^n7oTh 0^::';^^^^^^ ^ ^"^ ^-- Chanccry, for the Governor or fC ^ ^ ' °^ ^^'^ Court of being, .i,h the Adviceand Co„r-t Tr "a" •'''"' '^^ '^« Time 'nake Grants and Conveyances of r.;' ff^^^' ^°°"^"- *» Grants and ConveyanL^Tbe .ood ^f/ '^ /^^-ned. which Intents and Purpofes whatfo^ver * ' "^ ' ''^ '^=^"»'' *° ^^ tr^verfe the fame, within TweveM^'LT^'l^'^ I!; '^'^ ^ to q"«ft. And if the faid Office^all noT h . "V / ^''* °^ ^"^^ I"" the Grant of faid Lands, TvinLjfuT"'^"^ "''^'" ^^'^ Time, -r Commander in Chief wi^h aI ' J"'^"''*' ^^ *^^ ^o^no -cording to the Form L E^ffelt; fL^G^^^^^^ """^ ^^ ^^^°^"- Fcrfon, having a Right to daif f T '"^'''-^r'' ^^^^ =*" *"d every ting the Perfon's abflnt oTneZi^e to"'" °' '"' ''^^''^' ^""P intitled to a full and abfolute Ift^^r^ to nnprovc as aforefaid, ihall be f>' may be granted by the Governor ^nd CtmicU. feemi i» tflablijh the CommiJJton in toti^ ^lUnot forthifax. ticuUr Ftirpofit of Perfcmtin«ere»ed« fuch Lands may traverfc wiihin iz Monthj, othcr*ire the Grant to he ab- foluic. i-ands to be a pg^ Simple. c A p. V. A ownfhip of Lumtiburg. lit ^tUMrily ,f lb, fane it is hireh Enaaii "tuV.iT'VT"'* ""* ' 'rumble. 98. Anno TriccJIlmo i^. art R(gh Georcii II. Cap. V'I. 1760. March ScJiion" to, ^"^ ^^^^ ^'^^ '' *" Charge to the Grand Jury theft and there fummo- make Kcgulation»j "cd, to affix and fettle fuch R^ulations, as they may think moft pro- for o! '^YmT^JcI P*^*" ^"'^ convenient to be obferved and followed by the Inhabitants of be appi-ovecSy the J^««f«i^'r^ ; to continue for One Year, from fuch Sefllon •, and fuch Regulatrons, as fliali be approved of by the Juftices of faid Seflions, fliall be and arc hereby declared to be the ftatcd Rules, to be kept, obferved, and followed with Relation to the faid Common, by the tforefaid Inhabitants, for and during the Space aforefaid. JuAices. Th« like to be done Annua|l)r at Mtrc^ I«ftic« to appoint rcnalcici Tor not o'.ieying foch Rei. gulationt. Not to ejceed 40* . II. And he it further EnaileJ, TJiat the faid juftices fhall, in the like Manner at their Aimual Seflions, thereafter to be held in March, proceed and gi\ - in Charge to the Grand Jury in Manner aforefaid, and fettle and approve of fuch Rules and Regulations for the faid Common, to ferve for the Year then next cnfuing, as to them Ihall appear moft proper ajid convenient* III. And be it alfo further Enamel}-, That the faid Juftices ftiall be, and are hereby impowercd to fettle, and appoint fuch Pains and Pen- alties, to be inflidtcd upon the Pcrfon or Perfons, who fliall negledt or refufe to obey the Rules and Regulations fo to be fettled at the faid Annual Sefllohs of the Peace, as to them ftiall appear to be juft and equitable. IV. provided^ That fuch Pains or Penalties to be infliAed, ftiall not exceed the Sum of Forty Shillings each. n' Preamble. A Slaughter Houfe to be built for the ufe of the Peifonf killing Cattle for Sate at the Public Mukcc. CAP. VI. An ACT for building a publick Slaughter Houfe in the Town of Halifax^ and for I'egulating the fame. *)80!( )!(•*; HLREAS the killing of Cattle, Swine, and Sheep, within thg S W 4^ Town of Halifax, by the Butchers at their Houfes and Shops^ S ^ is become a public Nufance, occaftoned by the Dung and Gar^ •♦•««*•¥• ifg^gg j,fi„^ thrown into the Streets -, Be ii thirefore Enabled by His Excellency the Governor y Countil, and AJfembly^ and by the Authority ef the fame it is hereby Enabled, That there ftiall be eredled and built a Slaughter Houfe upon the Beach, fet apart for that Pui-pofe by his Excellency •, which Houfe, when built, ftiall be for the public Ufe of all People, who may have Cattle to kill for Sale at the public Market only i and His Excellency the Governor or Commander in Chief for the Time being, is hereby impowefed to caufe the faid Slaughter Houfe to be built, and of fuch Dimenfions as to him ftiall appear to be of fuflicient Extent, Ufefulnefs, 4nd Conveniencj for the Purpo- fes aforefaid. II. And 1760. 1760. Anno Triaff.mo ^iarto Regis Georcii II. Cap.. VI. 55. here fummo- ink moft pro- ihf.bitants of n •, and fucli faid vSeflions, to be kept, mon, by the ; fhall, in the :Id in March, ncr aforefaid, for the faid to them (hall ices fliall be, ins and Pen- fliall negledt fettled at the ir to be jufl; :ed, fhall not II. And be it further EnaiJetl, That as foon as the faid Slaughter Houfe is finiflied, which fliali be made public, tio Cattle, Swine, of Sheep of any Kind, Ihall be killed within the Town and Suburbs of Halifax for public Sale, excepting at the faid Slaughter Hov^e : And ail Perfons ft<5ling contrary hereunto, fhall forfeit and pay a Sum not exceeding Twenty Shillings for every Beafl fo killed, to be levied by any One of His Majefty's Juftices of the Peace, upon View of the fame, or recovered by the Oath of One credible Witnefs, before any One of His Majefty's Juftices of the Peace for the faid Town, for the Ufc of the Poor, III. Provided, That nothing herein contained fhall debar any Per- fon or Perfons, who have private Slaughter Houfes fituated upon the Water on any Wharf in the Harbour, from ufmg their faid Slaughter Houfes, if upon Return made by the Keeper of the Market Houfe, it appears at the next Quarter SefTtons to be inoffenfive to the Public. IV. And be it alfo further Enabled ^ That the Keeper of the Market Houfe fhall have the Care of the faid Slaughter Houfe, and fhall vi- iit the fame at leaft thrice a Week ; and fhall caufe the Perfons who make ufe thereof to keep it clean and fweet, and to deprive fuch Per- fons, who fhall refufe fo to do, of the Ufe thereof u itil they comply therein ; and fhall alfo be impowered to fue any Psrfon or Perfons, from whom the Building may have fuffered Damage, who fhall be ob- liged to make fufficient Repairs of fuch Damage to his Satisfadion. No Cattle iic. to be killed, except at fucli Slaughter Iloufc, on Penalty of 20s. for eack Dcail. For the ufe of the Poor. Not to extend to Private Slaughter Houfes already built upon the Wa- ter. Keeper of the Mar- ket Houfe to have the Care of the Slaughter Houfe. Houfe in the fame. \ v)itbin the 'S and Sbopjf mg and Gat' -e EnaSled by the Authority i and built a •pofe by his ublic Ufe of blic Market in Chief for 1 Slaughter ill appear to the Purpo- At I n. And r ' •*" xoc. J»»o Primo Regis Giokgu III. Cah. I. 1761. i aP'^'c'''''- ^^'^^'^•■v of thePioWncc 0i JMava-Scoira begun and holden at Ha- ^^x, on the hrj Day of >/,, J,,, o,. mm 1 76 r, and in the f^ Tear of the the ^Th ?"■■ r°;?'''«" Lord GEORGE Ir^l^nd, KING, Defender of the Faiths S' ^^'"lt'\^F'>ft Seflion of the Third General jg-emhly convened in the faid Vxt Sag. %«/. ,5. (S, a. o 7. NoTradefmen.&ci to open hie Stop or «1J «ny Goods, on tnc Lord's ^ty. Wilk ind frefli Fifc excepted. No Labour to be ^on« on the L»r4'i C A p. I. An ACT for ,h. better Obfervation ,nd keeping of the LorJ Day. *" /I..11. for th. future, op ,,Z?"' " °""" ''"f"" ^''"•■"cver or.iehcr b, h,-.fe,f'Xr? : Vh! :: f/^" ^""''■°- ' vants, Child or Children M\ 7 ' ^^'"''''"t oi" Ser- Bulk. sui,. or Shed t^,S'; t:; :„,t;';^'" -r- -^ or MeithwMlii., on the r.,JV n_ ' "^ '^™""' »f Ooods J^ »^r«W.. Ita .hi, A^ MUoTeZd r "Tv ''"^''■ fon. W felling or e.p„fi„g XC^^V: ^r:^'';T\ 'T the Hour of Nine of the Clock ;„ ^v xj, ""' ^^^°'"« of .he. Clock i„ .he Afternoon „* I 'aid""™"'' "' ''" '*'' their ordinary C.ingroro^er'': d^^I^.^" ^tr"' l'""?"' «.« done, by hi. or their Serv.„, „, \^2' CW^tj %r' ...her by L.„d or by Water, (Work, of Neceffi.v aid r. ''''","■ -ry Perfon or Perfon. ^o o.Z^^lJ'Z ^^^^ before- iy6i. Anno Prima Rt^is Georcii III. Caf. I. lOI beforemcntioned, upon Conviftion thereof upon the Oath of One credible Witnefs, before any One of His Majcfty's Juftice. of the Peace, of this Province, or upon view of any Jufticc of th« Peace, for every fuch Offence fhall forfeit, and pay the Sum o/Ten Shillings. III. And be it further Enaaed, That no Tavern Keeper, Retailer of Spintuou.Liquorf, Vintner, or other Perfon keeping a public Ho«fe of Entertainment within this Province, ftall for the future on any Pretence whatfoever, entertain or fuffer any of the Inhabitants or Town Dwellers oi Halifax, or any of the Towns refpeftively where fuch Tavern Keepers, Retailers of Spirituous Liquors, Vintners, or other Perfons keeping public Houfcs of Entertainment, refpeftively dwell, or others not being Strangers or Lodgers in fuch Houfcs, or fuch as come thither for neceiTary Dieting and Vidualling only, to abide or remain in their Dwelling Houfcs, Out Houfes, or Yards, drinking or idly fpending their Time on the Lord's Day, but fliall keep their Doors (hut during the Time of Divine Service, on Penalty of forfeiting and paying the Sum of Ten Shillings, for every Perfon or Perfons r.fpedively fo found drinking or abiding in fuch public Houfcs or Dtj)endcncies thereof as aforefaidj and every fuch Perfor* or Perlons,who rtiall be found fo drinking or abiding in any fuch pub- lic Houfe or Dependencies thereof as aforcfaid, {hall refpeAivcly for- feit and pay the Sum of Five Shillings. IV. And be it further EnaSted, That the Church Wardens • and the Conftableg, or any One or more of them, fhall once in the Forenoon^ and. once m the Afternoon, in the Time of Divine Service, walk through the Town to obferre and fupprefs all Diforders. and appre- hend all Offenders whatfoever contrary to the true Intent and Mea- ning of this Aft : And they are hereby authorized and impowered to enter into any public Houfe of Entertainment, to fearch for any fuch Offenders, and in Cafe they are denied Entrance, they are hereby im- powered to break open, or caufe to be broke open, any of the Doors of the faid Houfe, and enter therein ; and all Perfons whatfoever are ftnaly required and comnanded to be aiding and affifting to any Con- ftablcs or other Officers in their Execution of this Aft. on the PcnaJ- ty of Ten Shillings Current Money for every NegleA. V. And be it further Enaned, That if any Perfon or Perfon. what- foever, being of the Age of Twelve Year, or upwards, being .ble of Body, and not otherwife neccffarily prevented by real Sickneft. or other unavoidable Neceff.ty, (hall for the Space of Three Months to- gether, abfent himfelf or herfelf from the publick^Worihipon th. a l«am.ly Ten Shillings, and for every Child or Servant Five Shillings, to be recovered upon Complaint, before any One of Hi. M.jefty'a Juftices of the Peace, who is hereby impowered to caufc the fame to IK ievicd. Bug. Smi.x.Cap. t. c. I, Eni, Slat, tf . Cv. a- *. 7. StM. }. Tivern Keeperi. tec. to iorftit lot. for everyr Perroa found drinking ia their Houfetonth* LorJ't Dty, Fetfon* drinliing, &c. tbcreia forfeit 5«- • Can. ij9. Ciiurciivrirdeii, &c. c« wilk through the Ttwa in Time of Divine Service, tofupprcft Diforder*. Penally for not at- tendtngDivine Sef • vice once ia three MoBtha. iOZ. Hnci 10 .he to the Lie ct iJie Poor. ^!if,o Prima Reps Georcii III. Cap. II. 1761. -ki* Trofccution ia vn Pemltics to be levied by VVarunt of DiC- trcls from *Ry Juf- tice. In Default of Dif- irefs, the Offender w be committed. Aft to be reatl four Times a Year at the Seniors, and twica at Church. VI. M Fn,acrJ Pomltics incurred by this AA are to be to the Ufe offJie loor o/thc Tou-n where fuch Offence is committed ; and the vftT '" J"^J"' ^'^^y' ^'^°"^ ="^y ^"^°" °^ P^fons /hall be con. v,^ed of offendm.g aga.nft this Aft. are required to make a Record thereof, m a Book to be kept by hhn or them. VII. ProvideJ, ThatnoPcrfon/hallbeprofecuted for any Offence beforementioned, unlefs they be profccuted far the fame within Ten Days after the Offence committed. fh II have full Power and Authority, to levy the Penalties herein before reipeftively m«»t,oned.in Cafe the fame (hall not, upon Conviftion, be paid by the Offender or Offenders, by Diftrcfs and Sale of the Offen- der or offenders Goods and Chattels with Cods ; and in Default of Uiftrefs. to commit fuch Offender or Offenders to the common Goal ot the County, ^herc to remain in clofe Confinement for a Time not exceedmg Forty eight Hours, nor lefs than Twenty Four Hours. y^And he it further EnaSled, That this Aft fliall be publickly read Four Times in every Year, viz At the opening of every Court of Ge- nerd Seffions of the Peace, immediately after the Grand Jury are fworn : And alfo twice every Year, viz. On every Firft Sunday of December, and on every Firft Sunday in June, in all public Places of Worfhip withm this Province, immediately after divine Service. Preamble Town aefic, in every Townfhip where no Parifti it eftablifhed, to Re. gillerMartiages,&c. CAP. II. An A C T for the regiflring of Marriages, Births and Deaths. .«.*'3lJ^>: O R preventing of great Uncertainty anJ InconveKiencCy that ^ f ^ may happen for Want of a Regijier of Marriages, Births and JP % Deaths, Be it Enaiied by the Honorable the Commander in -*.^'te.j«; Chief Council and Affembly, That in every Townfhip with, in this Province, where no Parifh fliajl be eftablifhed, the TownClerks. who are hereby appointed Regiftcrs of Marriages, Births and Deaths, In their refpcifllve Townfhips, fhall, and they are hereby impowered and required to take an Account of all Perfons that fliall be married, or that fliall be born or fliall die, within each Townfhip refpcftirely, and fairly to rcgifter in a Book their Names and Sirnames, as alfo the Names and Sirnames of their Parents, with the Timeof their being married, or of their Birth and Death; »nd the Regifler fliall demand and receive the Fee of One Shilling, and no more, for each and every Rcgiftry I76I. 1761. Auio Piimo Re^is Georcii. III. Cap. III. 103. ) be to the Ufe tted ; and tlic /hall be con- uke a Record r any OfTencc & within Ten of the Peace herein before onviftion, be of the OfFen. 11 Default of immon Goal • a Time not • Hour». iiblicklyrcad Court of Ge- r are fworn: f December, of Worfhip Irths and THteHcCy that' Births and mmarder in nfhip with- DwnClerkst !id Deaths, impowered c married, ifpcftirely, as alfo the their being U demand I and every Rcgiftry Rcgiftry by him foentL-rcd, to be paid by the Perfons who ftiall be marru ', and by the Parents or other ncarefl: of Kin to, or concerned with the Party born or dying. And if any (hall refufe or neglccft to give Notice to the faid Regiftcr, of the Marriage by the Perfons them- fcivcs, or of the Birth or Death of any Perfon that they are fo related to or concerned for, or to pay for Regiftring as aforcfaid, within the Space of Thirty Days next after fuch Marriage, Birth or Death j every Perfon fo refufing or neglcding, and being (upon the Complaint of any Regifter) thereof convifted before One of His Majefty's Juftices of the Peace within the fame County, fhall forfeit and pay unto fuch Regifter, the Sum of Five Shillings i to be levied by Diftrefs and Sale of the Offender's Goods, by Warrant from fuch Juftice, if Payment be not made vrithin Four Days next after Convidtion as aforcfaid. And every fuch Regifter (hall give forth from the Regiftry a fair Cer- tificate under his Hand, of Perfons married, born, or dying in the Townftiip, to any who fhall defire the fame ; and he /hall receive One Shilling and no more, for every Certificate fo given, II, 22. Geo. 3. Ch. 3. Seft. 2. And be it EnaHed, That the faid Town Clerk of each Town/hip refpedtively, fhall apply to the feveral Minifters in fuch Town/hip, for a lift of all fuch Marriages, Births, or Deaths recorded by them, before the making this Aft, and from Time to Time hereafter, and to enter the fame in a Book kept for that purpofe. III. And be it further EnaHed^ That the Regiftry fo kept, /hall be fufficient Evidence in any Court of Record within this Province. Penalty 5s. Per- Tons not giving No- tice of Marriagei, &c. or refufing to pay the Clerk'sf ee. A certificate to be given by the Clerk, when required. T«wn Clerk to ap- ply to Minifters for a lift of fuch Mar- riages, &c. recor- ded ky them. Regldry to be Evi. dence. GAP. in. An ACT for preventing Damages by unfcafonablc burning, or Firing of the Woods. |SK«S^:«* HEREASfetting on Fire the fVoods and Underbrufh, in the % ^ % '^''^ ^"'^■^°" "^ ''^' ^'''*'*' hfpff'f^'tg, has done much Damage Preamble. ^^'•■....,.M J^ '" '^^ burning Houfes, Fenm, Hay, bV. And Whereas in the ' "" R"'" "i Re- •kcm ft.,, appetttl^atd':;- aT' "^"" "^'*'^-'- " - nocT,c:r,lt:t"n::rnr'e:f''i%''- -««'<'. '^'H Offence .gainft fhi. Art he . """i "■«""= P">fecuti.n for an. Space ofTLeMo:.fslKet^^orc:tolrf""' "'•'-■■"•''= Mifteri ofVe/Telt direfted how to eonduft thcmfeJvei •n their Arrival in the Port of Halifax, fctving Perlons on board infe£)ed with •ny contagiou* viftemper. A P. IV. An ACT to prevent the. fprcading of contagiou. Diltcmpers. )<)(^?^X EitEnaSteiby the HoMorabIg th, r j ^^«s ?Ls:'^ir;o^,J.a;:;l^;erti^^ Omemper fl,.,, anchor a. ,.aft Two^Mila be,.; he rrw^^^-T .h.„of flu,, „„. p.t„it .f/o?*^ Sin'^.^'ofptJin::' tl"*""" to or coming in fuch Verel, to land ■ A„H th, ? j ffi "«'"« ?he^^,2?' T""' J-'!""""" °'''"'-"- "Commander in thief f.t the Time being, of the State, Condition and N,„«l, i O^er. «,d D,re«,o.. a, he flia,, receive from morisg thcni, ice. Penalty/ I (SO. for not cnnformiag to ttila A£l. Quarcntine, for the Airing tncl Clcanfing the Ptflcngcrs, Veflcl, *nd ijipods on board, and for removing the infcAed and Sick Peribns cut of the fiwd Veflel. II. Alnd he it further Enabled, That before any fuch fick or infeAed Pcrfons be put on Shore, the Maftcrof fuch Ship or Veflel fliall give Security for the Payment of the Charge of removing them on Shore, and alfo for the neceflary Refreflimcnts, Medicine*, and Attendance, which (hall be ordered and diretfted by the Governor, Lieutenant Go- vernor, or Commander in Chief. III. And hi it further EnaJed, That any Mafter or Mafttrs of any Veficl or Vcrtcls, who (hall not conform themfclves to the Rules and Direftions prefcribed by this A(5V, /hall be liable to pay a Fine not ex- ceeding One Hundred Pounds, on due Conviftion thereof, to be re- covered by Bill, Plaint, or Infornvation, in any of His Majedy's Courts of Record, IV. And he it further Ena5fed., That for tlie preventing any infcft- paweri of Tuftices tlous Diftcmpcrs from being brought into, and fpreading in any of , of the Peace at the other Towns within this Province, any One or more Juftices of *^" Towns, the Peace, refiding within or neareft to fuch Town within this Pro- vince, where any Veflel infefted with the Small Pox or Infeflious Di- ftemper, fliall arrive, fliall forthwith take care to prevent and reftraiii all Pcrfons belonging to or tranfported in fuch Ship or Veflel, from coming on Shore ; or if any be before on Shore, to fend them on board again •, as alfo to reftrain Perfons from going on board fuch Ship or Veflel, and to that End may make out a W^arrant direfted to the Con- \ ftableof any fuch Town, who are accordingly impowcred and requi- red to execute the fame-, and fuch Juftice or Juftices are forthwith to tranfmit the Intelligence thereof, to the Governor, Lieutenant Go, vernor, or Commander in Chief, for their Diredion and Order thereon. V, 1 6. Geo. 3. Ch. i. Be it EnaSed^by the Governor^ Council and AJcmbly^ That for the better preventing the fpreading of Infection when it (ball happen that any Perfon or Perfons coming from abroad, or belonging to any Town or Place within this Province, vifited, or that late before, have been viflted with the Plague, Small Pox, peftilential or malignant Fever, or other c6ntagious Sicknefs, the Infcftion whereof may probably be communic.ted to others. Two or more of the Juftices of the Peace, together with the Overfeers of the Poor, of fuch Town, are hereby impowered, upon full and fuffi- cicnt Evidence and Proof being made to fuch Juftices and Ovtrfeers of the Poor, and after taking the Teftimony of On« or more Phyfician, Surgeon or Apothecary, living and refiding in, or near fuch Townfliip or Place, to take care and make effcAual Provifion in the beft Man- ner they can, for the Prefervation of the Inhabitants, and of fuch Sick Dd or When ny Perftns, come from any Place infciied with Plague, Small P»x, ttc. on f»fficieT\t Evi- dence and Tefti- mony afPhyiiciant, Ac. Two or more Juf- licei withOverfeert of the Poor to take cart and tn»k» cf- feflual ProTifioa fot the prefervation of thelahabitanti. 1 1- 1 1 06. Juno PriiKo Re^h Georuii IH. CAf. IV. 1761. Sick or lnf»flcd I'cn'ini r.i nmne tlicmlclvcs or be rcinivcii by /uT. liii'K anJ Ovcrk'crt e/ ilic I'oftr. or rnfcftcd Pcrfun or Pcrfo^s /hall nOt remove himfclf, or thcmfclvcs, T a' ''"'"T:i ^ ."* "^ ''''"■ *'""'" °^ ^«*'^"^' *° <'"=h Place as the rulTr ;'"^"." "'^'= ^^°°^' ^^'' ^^'""^ «^ -^ proper, provid. lawful for the fa.H Jfufticcs and Ovcrfccrsof the Pbor to remove nn J p ace fuch S,clc or I«fedcd Perfon or Perfons to, and i^ Tfep'ltt J? .r Ifn "" "*"'"^''^' *"** ^y P^°^'^'"e N"^'"«« Attendance wd other Affiftancc. and Neceflaries for them at the Charge of the Partes themfclves, th«ir Parents or Mafters, if able, or other- wfc at the Charge of the Town or Place whereto they belong And m Cafe it fliall happen, that any Perfon or Perfons Hiall be Vifitcd w.th any fuch Small Pox, malignant Infeftion or Sicknefs, m any other Town or place than that whereto they belong, and thcrcbv Occafion a Charge to fuch Town, the Overfeers of the Poor fhall lay the Account thereof before the Juftices in the Court of Genera' or Special Sffwm of the Pcacr, held for the County or Diftricft, where fuch Town lies, whereto fuch Perfon or Perfons belong, and the Tuf tices having adjufted the Account of fuch Charge, and allowed fo much thereof as they judge reafonable, fhall order Payment thereof to be made by the Overfeers of the Poor, when the Perfons them- fclves, their Parents, or Maftcrs, arc unable to pay the fame, and when It iliall happen that fuch indigent Perfons, are not Inhabi- tants or belonging to any Town or Place within the Province and the Proper Charge thereof, in Cafe they need Relief, being adjufted tsaforefaid, then the Charge of their Sicknefs (hall be defrayed ouc of the public Trc«fury of the Province, by Warrant from the Go- vcrnor. Lieutenant Governor or Commander in Chief on the Ccr- tificatc of the faid Juftices. V. Provided, That ahy Perfon or Perloni defirous of being in- R«I«.obe<,bfe,. °7"^!^ f^^'' ^^"^ Small Pox) themfclvcs, or of having their Fa. ved by Perfon. who ^lilies inoculated, may proceed therein, provided, that the Houfe .hlmKo^F.. r.^^"*= ^^'='"" '^''y dwell or refide, during the Time of their milics. being infcfted with the Small Pox, fhall be at leaft One Hundred and Sixty Rods Diftancc from any other Houfe or Dwelling, and that they take Care to prevent and reftain all Perfons infeftcd from going from thence further than Eighty Rods from fuch Houfe, 4nd alfo that fuch their Dcfign of Inoculation be made known in the Townfhip where they dwell, and a Flag hung out at their faid Houfe, to the end that all Perfons may take Notice thereof, anl avoid if they fee caufc going near fuch Houfes or Places. Oiirge •ccifisned by lVr(»n» belong, ing to any other Town who fhall bt Sick with Small Pox, 4c. and who are unable tu piy the fame, to be paid by Overfcera of the P««r of Town VkKcfc they belon|. «nd when fuch Vet, foni do not belong t« any Town fuch Charge to he paid liv iheTreafurerof the Province. Nothing in thit A&. to extend to Town of Halifax. VI. Provided alfo. That nothing in this A««• tKhed, an* fubje£l to Emcu- lion. Agent, itc. of ai\ abfconding Debtor to be fuminoncd to Court. Proeefi and Trial thereupon. lol?. Anno Prima Rf^is Georgii IIL Cap. V. 1761. Goods, ire. in Agent's Hands fub- jctl to Ejictuiion. It Plrintiff to be Non fuit, where no Ef- feili in fupt'o'^sd Agent's Hand*, •nd to pay Cofti. Agents, See. not appearing, liable to pay Coils. Execution to le livUd on the Agent'* proper Gaods, Sec. if he traiufer, &c. the EfFefti of his Prin- cipal. and if Judgment be rendered for the PlaintifF, all the Goods, Effeds or Credits of fuch ahfent or tbfconding Perfon, in the Hands of fuch Attorney, t actor. Agent or Truftec, which were in his Hands at the Time of his being ferved with the Summons and Declaration aforefaid, to the Value of fuch Judgment, (if fo much there be) (hall be liable and fubjectcd to the Execution granted upon fuch Judgment, for or towards fatisfying the fame -, and from the Time of ferving the Sum- mons as aforefaid, fliall be liable and fecured in the Law, in his Hands to anfwcr the fame, and may not be othcrwife difpofcd of or converted, in. Provided fitverthele/s^ and he it EnnBed., That if upon Summons being ferved as aforefaid, the fuppofed Attorney, FatJlor, Agent, of Truftce, (hall come into Court at the Firft Term, and declare that ho had not in his Hands, at the Time of the Service of fuch Summons, any Goods, Effcfts, «r Credits whatfoever of the abfent or abfconding Perfon, and Ihall fubmit to an Examination upon Oath refpcfling the fame j and if, upon fuch Examination, it fhall appear to the Satisfac- tion of the Jufticcs of the Court, that he had not any Goods, EfFcAs, ©r Credits whatfoever of the abfent or abfconding Perfon, in his Hands at the Time of his being fummoncd as aforefaid, then in CTery fuch Cafe, the Plaintiff fliall become Nonfuit, and fhall pay to him who was fummoned as Attorney, Faftor, Agent, or Truftce, his reafonable Cofts, to be taxed in common Form by the Juftices of the Crirt, • IV. And be it further Ena^ed^ That if any Attorney, Fade , Agent, or Truftee, being ferved with Summons and Declaration as aforefaid, ftall not appear at the firft Term, and then either acknowledge him- felf to have had in his Hands fomc Goods, Effeds, or Credits of the abfent or abfconding Perfon at the Time of the Service aforefaid j and thereupon pray that he may be admitted to defend the Aftion, ct othcrwife fubmit himfelf to an Examination upon Oath as aforefaid, he (hall be liable to pay to the PlaintifF all fuch Cofts as (hall arife upon his Suit, to be taxed by the Juftices of the Court before which the Adlion (hall be brought. V. And be it further Ena^ed, That in Cafe any Attorney, Fa&or, Agent, or Truftee, from and after the Time of his being ferved with Summons and Declaration as aforefaid againft his Principal, 'being an abfent or abfconding Perfon) (hall transfer, remit, difpofe of, or con- vert any of the Goods, Effcfts, or Credits of fuch abfent or abfcon- ding Perfon, in his Hands at the Time of fuch Service, fo that there fhall not be fufficient to fatisfy the Judgment, (the Debt being after- wards afcertained by Judgment of Court) or that (hall not difcover, expofe, and fubjetft the Goods, Effefts, or Credits, of fuch abfent or abfconding Perfon in his Hands, to be taken in Execution for or to- wards the Satisfadion of the Judgment, fo far as what were in his Hands at the lime of faid Service, will extend, (hall be liable to fa. tisfy the fame of his own proper Goods and Eftate, and as of his own Debt 1761. Anno Primo Rrgis Georoii IIL Cap. V. 109. Debt ; and a Writ oi Scire facias may be taken out of the fame Court and ferved upon him as the Law directs, to appear and ftiew Caufc (if any he have) to the contrary, where upon Default of Appearance, or Refufal to difclofe upon his Oath, (which Oath the Juftices of fuch Court are impowered to adminifter) what Goods^ Effects or Credits oi the tbfent or abfconding Perfons» are in his Hands, and to what Value J then Judgment IKtiII be entered up againft him of his own proper Goods and Eftate, and Execution be awarded accordingly. VI. Provided tieverthelcfs^ and be it EnaSted^ That if it fhall ap- pear that the Attorney, Faftor, Agent, or Truftee, fo fummoned as aforefaid, and having in his Hands, at the Time of fuch Sum- mons, any Goods, Effetfts, or Credits of the abfent or abfcciding Perfon, hath not any ways remitted, difpofed of, or any ways con- verted the fame after the Summons being ferved on him as afoi-e- faid i but that he hath difcovered, expofed, and fubjeftcd th«m to be taken in Execution, to fatisfy the Judgment recovered againfk the abfent or abfconding Perfon as aforefaid •, then the Party who commenced the Suit fhall pay fuch Attorney, Faftor, Agent, or Truftee, his rcafonable Cods, to be taxed in common Form by ths Juftices of the Court from which the Scire facias iflued as aforefaid. VII. And be it further EnoBed^ That the Goods, EfFeds, or Credits, of any abfent or abfconding Perfon, fo taken as aforefaid by Pro- cefs and Judgment of Law, out of the Hands o^ hit Attorney, Faflor, Agent, or Truftee, by any of Creditors, fhall fully acquit and for ever difcharge fuch Attorney, Fadlor, Agent, or Truftee, his Executors, or Adminiftrators, of, from, and againft all Aftions and Suits, Damages, Payments, and Demands whatfoever, to be alkcd, commenced, had, claimed, or brought by his Principal, his Executors, or Adminiftrators, of and for the fame ; and if any At- torney, Fai5tor, Agent, or Truftee, fliall be molcfted, troubled, or fued by his Principol for any Thing by him done in purfuance of this Aft, he may plead the general Iflue, and give this Aft in Evidence. VIII. Provided n evert helefs^ tind be it further EnaSled^ That any abfent or abfconding Perfon, againft whom Judgment ftiall be reco- vered as aforefaid. ftiall be intitled to a Rehearing of fuch Ctufe at any Time within Three Years after fuch Judgment •, and the Plaintiff, in fuch Aftion, before any Execution fliall iftiic on fuch Judgment, fliall give fufficicnt Security to the Satisfaftion of tht Court, for the Repayment of all fuch Monies as may be levied by Virtue of fuch Execution, in cafe the faid Judgment (hould be rc- verfed on fuch Rche?^!i.g as aforefaid. IX. Provided always^ That fo much of this A Jnno Primo Regis Georcii III. Cap. VI, iySi, "two Gaugers to bt appointed ac Halu t'ilK. each. Their l^eej. The fame Fees at the Out Ports, and 6d. per Mile for Travel. Petialty /y. on any Gauger neglcfting his Duty. ^nm CAP. VI. An ACT for the Appointment of Sworn Gangers^' afcertaing their Duty, granting them an Allow- ance, and Eftablifliing their Fees. O^j^O E it Ena^ed ly the Honourable the Commander in Chiefs % B r' ^^' Council^ and Affemhly, That it ftiall and may be law- fp ^ ful for Hia Excellency the Governor, Lieutenant Go- O^'^O vernor, or Commander in Chief for the iTimc being, to appoint two Gaugers for the Port of Halifax, who fhall be fworn to the faithful Difcharge of their Duty, and who are hereby authoriz- ed to gauge all Rum or other diftilled Spirituous Liquors which fhall be imported into, or diftilled within the fame, and fhall per- form all fuch gauging by the Inftrument commonly called and known by the Name of Guntcr's Callipers, and no other Inftrument whatfo- cver } and who fhall have an Allowance njt exceeding Twenty Five Pounds per Annum each, to be paid out of the Duties arifing on Rum, or other diftilled Spirituous Liquors imported into, or diftilled within this Province ; and it ftiall and may be lawful for the faid Gaugers to demanid artd receive the following Fees. For gauging a Puncheon or Pipe - - Six Pence] A Haghftiead or Tierce, ... Peur Pence. A Barrel - - « - I'wo Pence. and other Calks in Proportion, and no more, to be paid by the Seller. II. Be it further Ena^ed, That for eVcry other Port or Towu within this Province where no Diftilling Houfc is ere(5ted, and where it may be neceflary for a Gauger to be appointed, the fad Gauger fhall be intitled to receive the fame Fees, as is herein before eftab- liftied for the Port of Halifax, with a further Allowance of Six Pence a Mile for his Travel. III. And he it further Enabled, That if any Gauger to be ap- pointed as aforefaid, ftiall negled to attend upon due Notice given for the gauging any Rum, or other diftilled Spirituous Liquors im- ported into, or diftilled within the Province, fliall forfeit and pay for every fuch NeglcA the Sum of Five f'ounds, with Cofti, upon Conviaion thereof by the Oath of One Credible Witncfs before any Two of His Majefty's Juftices of the Peace, to be recovered by Warrant of Diftrcfs from under the Hand andSeal of faid Juftices, 6ne Mo'ety whereof to be paid to the Perfon who ftiall inform and fue for the fame, the other Moiety to the Ovcrfeers of the Poor,' for the Ufcs of the Poor, of the Town where fuch Offence fiiaH be committed. IV. Provided VI. 1761. 1761. Jnno Primo Regis Georoii III. Cap. VH. III. Gangers^' n Allow- der in Chiefs may be law- itcnant Go- rime being, lall be fworn ay authoriz- [uors which id fhall per- and known lent whatfo- wcnty Five ;s arifing 011 , ordiftillcd for the faid y.v Pence] 'our Pence, vo Pence. 3aid by the rt or Towp and where fad Gaugcr :fore eftab- ancc of Six to be ap- otice given liquors im- eit and pay ^ofti, upon tiefs before : recovered lid Jufticcs, nform and the Poor,' fTcnce dali . P/oviJeJ IV. Provided akvays^ and it is berehy further EnaSled>, That noFec9 fhall be demanded by the Gaugers as aforefaid, for gauging any Stock of Rum, or other diftilled Spirituous Liquors made up at the Diftilling Houfcs within this Province. No Feet io be taken at the Still Houfet. G A P. VII. An Ad: for prohibiting the Exportation o^ Raw Hides^ Sheep or CalfSkms, out of this Province, other than for Great Britain ; and to prevent the Cutting, Splitting or Flawing of Hides. %'^^^a^^ HERE AS the Exportation efRnyt Hidcf, Sheep and Calf % S' Skins out of this Province^ except to Great Britain^ has been ^ \ found to be » great Prejudice to the fame) Be it therefore En- 3P'*i^c^^ aiied by the Honorable the Commander in Chiefs Council^ and AJemhly, That from and after the Tenth Day of Auguft, 1761, no Perfon or Pcrfons fhall load on board any Ship or VefTel for Expor- tation, any Raw Hides of any Ox, Bull, Steer or Cow, or any Sheep or Calf Skin, before the Maftcr of fuch Ship or VefTel fhall have gi- ven Bond to the proper Officer at Halifax^ or at any other Port within the Province to fuch Perfon as fhall be appointed for that Purpofe, iti the Value of One Hundred Pounds Currency, with fufficient Securi- ty that the fame ftiall be by the faid Ship or VefTel carried to Great Bri- tain and to no other Place, and be there landed and put on Shore (the Danger of the Seas only excepted) and fhall within Twelve Months, return a Certificate that the fame have been fo landed : And if any Perfon fhall prefume to lade on board any Ship or Vcflcl any Raw Hi- des or Skins as aforefaid, before Bond be given as aforefaid, he fhall forfeit the fame, and the Mafter of the VefTel fhall forfeit the Value of fuch Raw Hides as fhall be found on board fuch VefTel, and if any Ship or Veflel ihall carry out of this Province fuch Hides or Skins as aforefaid, before Bond be given as aforefaid, or any Seizure made, every Maflcr of fuch Ship or VefTel fhall forfeit and pay double the Value of the fame, and the Shipper treble the Value of the Hides or Skins fo fhippcd. II. Provided, That Irifbrmaf Ion, Suit, or Profecution on the fame, be had or made withm the Term or Space of Twelve Months next af- ter the Offence committed. III. Provided alfo. That when the Current Price of Raw Hides, fuch as of Ox, Bull, Steer, or Cow, fhall be Three Pence ytt-r Pound, or underj the fame may be exported to any of His Maje^ fty's Plantations. IV. And Preanbk. No Raw Hide), See. to be loaded on board any Veflel, until Bond be given that the f-.me fhall be landed in Great- Britain. OnPenalty of being forfeited. Penalty on Mailers of Veflels cariying the fame out of the ProTtncc. Profecution M within Twelve Montht. be 10, Gto, 3. Ch, 9. Exception when under Three pence ftr I'ounvt. II*. Penalty ios. for Gafhing &c. the Hide of any Ox, &c. How Psnaltiei tte to be recovered. •n4 applied. I ",J' Tw« ^urvcyort of HighMTiyi for each Town to b« chofen «t the Quitter Sef- fions next after the I ft January Aanu- tlly. Mno Prima Regis Georgii III. Cap. VIII. 1761. IV. Jnd %e it alfo Ena^ed^ That if any Butchef of other Pcrfon whatfocTcr fhall by himfelf or any other Pcrfon employed by or under him or them, gafh, cut, fplit, or flaw the Hide of any Ox, Bull, Steer, Cow, Sheep, or Calf, in fleaing thereof or otherwife, whereby the fame fhall be impaired or damaged, and oflxr the fame to Sale, fuch Butcher or other Perfon fo offending ftiall forfeit and pay the Sum of Twenty Shillings, for each and every fuch Oflfcnce committed by them, or any other Perfon employed by or under him or them. V. And be it further KnaEled^ That the feveral Fine* and Forfeiture* incurred by this Atfl, Ihall be recovered on the Oath of One crcdibla Witnefs in Manner following, {that is to fay) That for exporting Raw Hides, Calf or Sheep Skins, contrary to the Tenor of this Aft, by Bill, Plaint, or Information, in any of His Majefty's Courts of Re- cord in this Province, One Half thereof to be paid to the Treafurer of the Province for the life of His Majefty's Government in faid Pro- vince, the other Half to him or them that ftiall inform and fue for the fame 4 and the Penalty for cutting, fplitting, or flawing Hides, to be recovered before any One of His Majefty's Jufticcs of the Peace, to be levied by Warrant of Diftrefs and Sale of the Offender's Goods and Chattels, under the Hand and Seal of the Juftice before whom the Convidion of the faid Offence is made, and for Want of Diftrefs to fuffcr Twenty Days Imprifonmentj and that One Half of faid Penalty be paid to the Informer or Perfon fuing for the fame, and the other Half to xhft Poor of the Place where the Offence ftiall be committed. CAP. VIII. An ACT for the Repairing and Mending High* ways, Roads, Bridges and Streets^ and for ap- pointing Surveyors of Highways, within the fe- veral Townfhips in this Province. ^^)¥i)lifill^ E it Ena^ed by the Honourable the Commander in Chief ®Y dVO the Council and JJfembly^ That the Grand Juries at tiic ){(rX'--X^ ('^'^"'^^ ^"irter Sefftons of the Pcace^ held for the feveral lit))^)#()J^iJ Counties, next after the Firft of January, annually no. minate Eight fit Perfons out of whom faid Court of garter Seffions^ (hail appoint two or more to be Surveyors of Highways for each Town in the refpeftive Counties, who (hall be fworn to the faithful Difchargeofthcir Office for the Year enfuing, before the faid Seffions or before any One of the Juftices of the Peace within or neareft to the faid Town, for which fuch Surveyors fhall be chofcnj and any Perfon being fo nominated and chofen, who flrall refufe to accept of the faid Office, or ftiall neglcft to be fworn ai aforefaid, within ^1 1761. Anno Prim Regis Georgii III. Cap. VIII. »»3. within Fourteen Days next after fuch Nomination, or having accepted niall neglcft his Duty, fhall forfeit for every Rcfufel or Neglc(ft, Five Pounds, to be rccover«d by Bill, Plaint^ or Information, in any of His Majefty's Courts of Record ; and the Forfeiture niall be applied for the Repairing of the Highways. II. Andhe it further EnaSled. That every Perfon within each Town- ftiip keeping any Cart, Team, or Truck, Ihall fend on every Day ap- pointed by the faid Surveyor of Highways, One Cart or Team, or Truck, with Two Oxen or Two Horfes, and One able Man to drive the fame, for Four Days in every Year, to work on the Highways, Roads, Streets, or Bridges, allowing Eight Hours to each Day's Work J and fuch Perfon not attending or negledling to perform the faid Duty, flrall forfeit for every Day's Ncglcft, Ten Shilling*; and that every other Houfcholder or Labourer^ not bemg tn hired Servant for a Year, fhall, on every Day appointed as aforefaid, either by him- felf or other fufficient Perfon to be hired by him, provided with fiich neceflary Implements as fhall be direded by the faid Surveyor, work for the Space of Six Days in every Year, on the faid Highways, Roads, Streets, or Bridges, within the Townftiip where they refpedively dwrllj and fuch Perfons not attending or neglefting to perform the faid Dutj» (hall forfeit Three Shillings for every Day's Neglc(ft, • And all fuch Forfeitures as aforefaid, ifhall be fued for by Sur- veyors of Highways in like Manner as Debts of the like Value ir* fued for and recovered before one or more Jufticcs of the Peace. III. 5. Ceo. 3. Ch. 2. Seft. 5. Be it therefore EnaStH^ That the Con* ftables of the feveral Townfliips in this Province Ihall make out a Lift of all fuch Perfong who are Owners of Teams, Carts or Trt'cks, as alfoof every other HoufehoUer and Labourer within their rcfpeftive Townfhips, and deliver the fame to the Surveyors of Highways j and at fuch Time as the faid Surveyors (hall judge proper, between the Days prefcribed by the afore recited Atne Prima Regis Georoii III. Cap, VJII. 1761. New Highways or C»mmon Roadi, ta be laid out by « Jury, fworn jt the Centra/ Sijjiint for that Purpofe. Highways not to be Jeff than loaFeet wide. 40 Diyi Notice to ne {iven, that anjr rerfon aggrieved, nay complain. Owners of Carts, Ac. to fend two Men inftead of a Cart, if judged ne- ceflary by the Sur- veyor. Surveyors to ac- count to the Quar- ter SelBoni. Surveyor of Highways /hall himfelf be excufed from any ot!ier .Service on the Highways, than the fummoning ordering, anddirefting thereof. V. And l^hereas the Labour of Men may he more ufeful, than the em- ploying Teams, Carts, or Trucks, in fame Towns, Be it therefore Ena. iied. That when any Surveyor of Highways Ihall Judge the Labour of Men more ufeful and necefTary than that of Carts, Teams, or Trucks, the Perfons who by this Aft are to find Carts, Teams, orTrucks, {hall be obliged under the like Penalty, to fend two labouring Men inftead thereof, furnifhed with necefTary Implements as aforefaid. VI. And be it further Enabled, That the Surveyors of Highway^ ihall, at the Expiration of their Office Annually, accoufit at the Ge- neral Quarter Seffions of the Peace, for all the Fines received by them for the Ufe of the Highways, and fliall pay the Overplus (if any in their Hands) to their Succeflbrs in the faid Office, for the aforefaid Ufes, 'under the like Penalty at for any other Negle«a of Office. VII. 5. Geo. 3. Ch. 2. Be it EnaSted by the Governor, Council, and Ajfem- hly^ That where a new Highway or Common Road from Town to Town, or Place to Place in any County in this Province, ffiall be wanting, and where old Ways with more Conreniency may be turned or altered; upon Application made to the Jufticcs in General Sejfwns within the fame County, the Court is hereby impowered to appoint two or three fuf- ficicnt Freeholders of the next Towns, who fliall have moft Occafioii of the faid Way, to enquire into the Neceffity and Conveniency there- of, and to make their Report thereon, and being judged to be of common Neceffity or Conveniency, the Juftices (hall ordi a Warrant to the SherifFor his Deputy to fummon a Jury out of the next Towns, to meet at fome convenient Day and Place therein mentioned, to view and lay out of fuch Highways or Roads, who fhall have an Oath ad- miniftred to them by a Juftice of the Peace, to lay out fuch Way ac- cording to their beft Skill and Judgment, with moft Conveniency to the Public, and leaft Prejudice or Damage to any particular Perfon \ which having done, the Sheriff or his Deputy is to make a Return thereof on the Day appointed by the Court, as well under his own, as the Hands of the Jurors, by whofe Oath the fame is laid out, to the End the fame may be allowed of and recorded, and after known for a Public Highway •, and all Public Highways hereafter to be laid out as aforefaid, fhall not be Icfs than One Hundred Feet wide. VIII. Provided always, and be it EnaSled, That before fuch Road or Highway is allowed and recorded for a Public Highway, the Court fhall caufc Notice to be given thereof for the Space of Thirty Days, to the Intent that if any Perfon fhall think himfelf aggrieved thereby, he may make his Complaint thereof, and Incjuiry be made into the Cauie of fuch Complaint. IX. And M lyOt. 1761, Anno Prima Regis Georgii. III. Cap. VIII, "5- tlier Service iiig thereof. than the «h- erefore Ena'* the Labour , or Trucks, rucks, {hall Vieii inftead Highway^ at the Ge- cd by them s (if any in ic aforefaid )ffice. , and Alfem^ 'n to Town, anting, and :ercd; upon I the fame • three fuf- ft Occafion :ncy there- id to be of a Warrant xt Towni, :d, to view 1 Oath ad- 1 Way ac- 'eniency to XT Perfon-, a Return is own, as ut, to the own for a )c laid out h Road or :he Court rty Days, I thereby, t into the TX. Ani IX. And be it further Ena^fed, That the Surveyors of the Highways of each Town refpeftively, be and are hereby impowered to lay out particular and private Ways, either open or pent, with Swinging Ga- tes for fuch Town only, as fhall be thought neceflary by the Juftices of the Peace in their General Sejions, upon Application made to them by the Perfons concerned : Provided^ that no Damage be done to any particular Pcrfon in his Land or Property, without due Recompencc to be made by the Town, as the Surveyors of the Highways and the Party interefted may agree, or as (hall be ordered by the Juftices in General Se^ons, upon Inquiry into the fame by a Jury to be fummoned for that Purpofe. X. And be it alfo further Enacted, That if any Pef fon or Perfons ftiall titer any Public Road or Highway, or any private Ro?d that fhall be laid out as aforefaid, or that ihall make any Encroachment upon the fame, not being firft authorized fo to do by due Courfe of Law ; fuch Perfons fhall, upon Complaint and due Proof thereof made befo're the Court of General Sejions of the Peace for the County, where fuch High- way lay before it was fo altered or encroached upon, forfeit Five Pounds, to be levied by Diflrefs and Sale of the Offender's Goods and Chattels, by Warrant of the Court who fhall hear the faid Com- plaint ; and all Forfeitures fo to be levied fhall be paid to the Survc- yors of the Highway of the Townfhip, from whence the Fine was le- vied, to be applied for repairing Highways, Roads, Streets and Brid- ges, within the fame. XI. And be it alfo EnaHed, That all Perfons able of Body between the Age of Sixteen Years and Sixty fhall be obliged to labour at the l^d Roads, Highways, Streets and Bridges, or procure or pay a pro- per Perfon for the fanw. XII. 13. Geo. 3. Ch. 3. Be it Enabled, by the Governor^ Council and Affembly^ That all fuch Forfeitures as aforefaid, fhall be fued for by the Surveyors of Highways in like manner as Debts of the like Value arc fued for, and recovered before one or more Juftices, any Thine in the faid afore recited Adl to the contrary notwithftandlng. XIII. Seft. 2. Be it EnaHed, That upon Application to two of his Majefty's Juftices of the Peace, the faid Juftices fhall, and may in their D.fcretion lefTen the Number of Days Labour to be performed by fuch Men.as cannot without Detriment to their Families attend the fame, XIV. And belt alfo Ena^ed, That all Perfons keeping Carts, Teams and Trucks who by being Sixty Years Old or upwards, are exemp! nev. r, f ?"""« ^^'"!f^'^« °" the faid Highways or Roads, fh;dl neverthelefs fend the.r Carts, Teams or Trucks, to afTifl in making or rcpatrmg the fame. ^ Privite Roadi t« be laidoMt by theSur- vcyon of High- way!. Not to endtma(e any particular Per- fon without due Recompence. Any PerfoM altering or eacroachiag on any Road, forfeits jf 5. to Be applied to ilie repairing High- wayi, &c. PerfoBt betweea ike Age of Sixteen and Sixty obliged to la- bour on the Roadi, or pay a proper Perfon. All forfeiture* for negleA to attend for repairing and mending Highways ice. to be recover- ed as Debts are be- fore one or more Juftices. Two Juftices niM leffen number of days labour by poor Perfons. Perfon* who ketp Carts, &c. tho' ex- empted from la- bouring by age tfi fend their Cart j,*c. XV. And 11^. Anno Prima Regis Georcii III. Cap. VIII. 1761. ^ Penalty /or encum* bering or flopping Rotdt or Sixeats. Incafeiwherehigh- wayi are laid oat and that the parties and the Airveyort of Highways can- net agree relating to the damage fuf- ferV, the fame Ihall be determin'd by •jury out of next towns. Sarveyor of Hig|i. wtyi not to alter roads or ftreets al- ready laid out nor make any repairs but by the advice and confent of at leaft three Juftices. XV. And be it aljh further Ena^ed^ That any one of his Majcfty'a Jufticcs of the Peace, fhall and may on his own View, or on the Oath of one credible Witnefs, jmpofe a Fine, not exceedirtg Twenty Shil- lings, on any Perfou who fliall encumber or ftop up the way in any of the Roads or Streets in this Province, by laying Timber,, Wood, Carts, Trucks or any other thing thereon, to be recovered by Warrant of Diftrefs and Sale of the Offenders Goods and Chattels, or in Cafe fuch Offender fhall not be known or found, the fame /hall be reco-^ vered by Sale of fo much of the Timber or Wood, and the Carts, Trucks or other thing encumbering or flopping the Way in fuch Road or Street asaforcfaid, and be paid to the Overfeers of the Poor for the Ufc of the Poor of the Town or Place where, or ncarefl the Place where the Offence fhall be committed, rendering the overplus, if any be, to the Owner when found. And if the faid Nuifance fhall conti- nue, the fame fhall be deemed a new Offence, and fhall be profccutcd» and liable to the Penalty aforefaid. XVI. 19. Geo. 3. Cb. 3. Be it Enabled by the Lieutenant Governor Coun^ cil and yifembly. That in all Cafes, where, either private or public Highways fhall be laid out and any Difpute fhall arife between the Parties concerned, and the Surveyors of the Highways, for the Town where the fame fhall be laid out or propofcd to be laid out, relating to the Damage fuffered, or likely to be fuffered by fuch parties, the fame fhall be determined by a Jury to be ordered by the Juflices out of thf next Towns, who fhall be fworn impartially to determine the fame. XVII. BeitEnaHedy Thatthc Surveyors of Highways fhall not alter Any Roads or Streets already laid out, nor make iny Repairs to the Streets or Highways in any ToMrn or Townfhip, but by the Advico and Confent of at ieaft three Juflicesof the Peace. I % At 1762. ■^Mai^MiklBtitf Anno Seaimlo Regk Georgii III. Cap. I. 117. At the Gf.nfral Assembly of the Pro- vince of Nova Scotia^ hegun and holclen at y^ Halifax, on the Firjt Day of July^ Anno Domini 176 1, in the Firft Year of the Reign of Our Sovereign Lord GEORGE the Third, of Great Bri- tain, France and Ireland, KING, Defender of the Faith, &c. and there continued by feveral Prorogations until the Seven- teenth Day of March^ 1762, in the Se- cond Year of His faid Majefty's Reign; being the Second Seflion of the Third General Jffembiy convened in the faid Pro- vince. C A P. I. An ACT for the regulating Innholders, Tavern- keepers, and Retailers of Spirituous Liquors* ^'^J^ ^ E it Enabled by the Lieutenant Governor:, CtvnciU and Af. ^ B p fembfyy That from *nd after the Publication hereof no ^ ^ Retailer, Innholder, Tavern or Alehoufe Keeper, who ^JC"^^)^ (hall fell upon Truft or Credit) any Wine, Strong Beer, Ale, Brandy, Rum, or other Spirituous Liquors, mixt of unmixt, to any Soldier, Sailor, Servant, or Day Labourer, or other Pcrfon whatfoever, to the Amount of any Sum exceeding the Sum of Five Shillings, (hall have any Remedy to recorer the fame, cither at Law or in Equity, againft any of the Pcrfons aforefaid, their Executors or Adminjftrators. II. And be it further EnaHeds That In Cafe any Soldier, Sailor, Ser- vant, Apprentice, bound Servant, or Negro Slave, or other Perfon whatfoever, (hall leave any Pawn or Pledge, as a Security for the Payment of any Sum exceeding Five Shillings, contrafted in fuch Manner, fuch Soldier, Sailor, Servant, Apprentice, bound Servant, or Negro Slave, or other Pcrfon whatfoever, or the Matters or Mi- ftrcflci^ of fuch Servant, Apprentice, bound Servant, or Negro Slave* G g may NoDebti to be re* covered by Re- tailert, &c. for Winet, 4cc. Told ta aiy Soldier, iet. for any Sum above Five Shilliogs. Hedgeifot fvf' inent ofaBySnro ahovc ji. 10 be !<&• ftored by Order of • Jufticeof the Peace. tiK. /Iniio .SiYUitd', Iirj;;ii GzoKv, I I III. Cai'. I. lyC'i. SH Rrtailera&c. not to fuficr Apprentice*, iSic. to remain drinking in their Hoiifes, &c. on Pe- nalty Ot° 208. Not to extend to Travellers kc. may complain to any Jufticc of the Peace where fiich Retailer, Innhol- dcr, 'Javcrn or Alchoufe Keeper, or any other Pcrfons whailoevcr, receiving fuch Pawns or Pledges, ufuaJly rcfides, that fuch Pawn or Pledge is detained from him or her by fuch Retailer, Innholdcr, Ta- vern or Alehoufe Keeper, or any other Perfon whatfocver, and having made Pr^of thereof upon Oath, or otherwife to the Satisfaftion of faiil Juftice, fuch Jufticc of the Peace is required, by Warrant under his Hand and Seal, to compel fuch Retailer, Innholdcr, Tavern of Ale- houfe Keeper, or other Perfon whatfocver, by Diftrcfs and Sale of h in Goods, to reftore the aforefaid Pawn or Pledge to the Party complai- •fling, or to make him or her Satisfaftion for the Lofs or Abufe thereof; and (hall further be fubjed to a Fine not exceeding Twenty Shillings, for the Ufe of the Poor, and Cofts of Profecution. III. Jnd be it further EnaUeJ, That no Retailer or Perfon whatfo- ever, (hall harbour or fufFer any Apprentice,bound Servant, or Negro Slave, to fit drinking in his or her Houfc, nor fell or give him or them, nor fuffer to be fold or given him or them, any of tiie Liquors aforefaid, without fpecial Order or Allowance of their refpedlive Ma- ilers or Miftrcflcs, on Pain of forfeiting the Sum of Twenty Shillings for every fuch Offence, together with the Charges of Profecution ; to be recovered, upon Convidlion on the Oath of one credible Witnefs, before any One of His Majefty's Juftices of the Peace within the Town or Precinft where the Offence fhall be committed, or fuch other Proof as Ihall be to the Satisfaftion of fuch Juftice, and to be levied by Warrant of Diftrefs and Sale of the Offender's Goods and Chattels, imder the Hand and Seal of the faid Juftice, and for Want of fufficient Diftrefs, fuch Juftice fhall and may commit fuch Offender to His Ma- jefty's Gaol, thereto remain for the Space of One Month, or till he Ihall have paid and fatisfied the fame. And fuch Sum fo levied ftiall, by the faid Juftice be paid into the Hands of the Overfeers of the Pogr of the Town or Precinft where the Offence fhall be committed, to be by them applied to the Ufe of the Poor of fuch Town or Precinft. IV. Provided always. That nothing herein contained fhall extend to debar any Retailer, Innholder, Tavern or Alehoufe Keeper, from furnifhing any Traveller, or Boarders in his Family, with ncceffary Rcfrcihments on Credit. J I CAP. V. 1762. Anno Hcatndo Regis Gtoftcii III. Cap. II. 119. CAP. II. An ACT lor preventing fraudulent Dealings in the Trade with the Indians. ^XXyH^.^ HERE AS many Mifcbicfs may arife hy Frauds ami other jveaml.lc. ^ ^ Injur iesy in the Trade with the Indians of this Provime : Ami O '^ O) fVhereas the faid Indians are unacquainted with the Laws of :¥^4()K5J(^ this Provinccy and in what Manner they are to proceed in or- der to do thcmfelves Right j Be it Enailed by the Lieutenant Governor^ Council^ andAfeml'ly, That the Governor, Lieutenant Governor, or Commander in Chief, upon Complaint of any Indians within this Pro- vince, made to him or either of them, that they have hcen wronged or cheated of their Furs or any other Merchandize, or in any other their Trade and Dealing with other His Majefty's Subjcfts •, that the Governor, Lieutenant Governor, or Commander in Chief is hereby defired to diredl His Majefty's Attorney General to profecute the fame, either before His Majefty's Juftices, or in any of His Majefty's Courts of Record in a Summary Way, as the Laws do direft, and fuch Pro- fccution fhali be deemed Legal, and Judgment and Execution fhall iffue accordingly. II. This Aft to continue and be in Force until further Regulations f^fth'XgSns relating to the Trade with the Indians Ihall be made. be made. The Attotney Ge- nernl to prolecutc in bchalt of any . InduDsfnrlnjuitei done them. C A P. III. An ACT to prevent the Firing of Squibs, Rockets, Serpents or other Fireworks. ^4"*-*"*-* E it Enaffed, by the Lieutenant Govetwr, Council, and Af- 4^ n jff. fembly. That it fhall not be lawfull for any Perfons to "^ ^ make, or caufe to be made, or fell, or expofe to Sale, any •*""i^ Squibs, Rockets, Serpents, or other Fireworks, or any Cafes, Moulds, or other Implements for the making the fame, or for any Perfons to permit any Squibs or other Fireworks to be thrown or fired from their Houfes, Lodgings, or Habitations, or Place thereto belonging or adjoining, into any public Street, Road, Paftage or Wa- ter, or for any Pcrfon to throw, or fire, or be aflifting in throwing or firing of any Squibs, or other Fireworks into any publick Street, Houfe, Shop, Highway, Road, Paflage or Water ; and that every fuch Offence fhall be judged a Common Nuifance. II. Be it further EnaSied^ That if any Perfons ftiall make, or caufe robe made, or /hall give, fell, or utter aiiy Squibs, Rockets, Scrp«ni3 or Making, &c. »py Squibs, &-C. to be judged a Com- mon Nuifance. Perfons making tli: 1 120. fotfcic 401. One Half to the I'oor, the other Half t6 the Infer- mer fixeeption ii t« the Qovernor, fee. Banfirei ntt to bo made wichin5ao Yards of any BU dijig, Sic. ,tnno Snundo Ri-^is Georgii III. Cai'. III. 176'.. or other Fireworks, or any Moulds or Inftnimcnf; for the making of any fuch vSquibs, Uotkcts or Serpents, or other Fireworks, every I'erfofl fo offending, and being thereof conviAed before One of His Majefty's Jufticcs of the Peace of the Placfc where fuch Offence fhall be com- mitted, by Cunfeffion of the Tarty, or the Oath of One credible Wit- licfs, /hall forfeit the Slim of Forty Shillings-, and that if any Pcrfons (hall throw or fire, or be aiding and tffifting in throwing or firing, of any Squibs, Rockets, Serpents, or other Fireworks, Into any publick Street, Houfe, Shop, Highway, Paffage, or Water, every Perfon (o offending, and being thereof convidtcH «s aforefaid, (hall forfeit the Sum of Forty Shillings-, «nd If any Perfohs (hall permit aiiy Squibs, or ofher Fireworks, to be thrown or fired from their I loufcs. Shops, Lodgings, or Habitations, or in any Place thereto belonging, or ad- joining to any public Street, Road or Paffage, or any other Place i every fuch Perfon fo offending and being thereof convidtcd as aforefaid, /hall forfeit the Sum of Forty Shillings. The faid fcveral Forfeitures to be levied by Diftrefs and Sale of the Goods of every fuch Offender, by Warrant of the Juftice before whom the Convidion Hiall be made the one Half of the Forfeiture to be to the Ufe of the Poor where the' Offence Ihallte committed, and the other Half to the Ufa of them who fliall profecute and caufe fuch Offenders to be convidcd v and if faid Perfons fo offending Ihall not, immediately upon their being con- vifted, pay to the Juftice before whom fuch Convidion fliall be made the faid Forfeiture for the Ufes aforefaid, fuch Juftice is hereby re. qiured and impowered, by Warrant to commit fuch Perfon to the Houfe of Corredlion, or Goal for any Time not exceeding Fourteen Days unlefs fuch Offender fti-ll fooner pay fuch Forfeiture to thtf faid Juftice. III. Provided, That this A(ft fhall not extend to debar the Gover- nor, Lieutenant Governor, or Commander in Chief of this Province or the Commanding Officers of His Majcfty's Troops, or any Perfon* employed under them or either of them, from making and firine off any fuch Fireworks as aforefaid. IV. Beit alfo EnaSled, That no Perfon whatfocver fhall prefumc to make or caufe to be made any Bonfires within Three Hundred Yards of any Buildings, Stacks of Hay or Corn, under the Penalty of Forty Shilhngs. to be recovered and applied in the Manner as mentioned in tills Actt CAP, IV 176a. Ami SecunJo Re^is Georsii HI. Cap. IV. If I. CAP. IV. An ACT for appointing Firewards, afccrtaining their Duty, and for punifliing Thefts andDifordcrs at the Time or Fire. E it Enailed by the Lieutenant Governor^ Council, and Jfemblyt That It ftull and may be lawful to and for the Juftices of the Peace for the I'own and County of Halifax, from . (^ )K3R Time to Time annually in their Seffions, to appoint fuch Number of prudent Perfons of known Fidelity, not exceeding Ten, in the fevcral Parts ofthefaid To^in oi Halifax, and the Suburbs thereof, as they may think fit, who (hall be fworn faithfully to dif- charge their TnilV, and (hall he denominated and called Firewards, and have a proper Badge adigned to diftingui(h them in their Office, viz. A StaflF of Six Feet in Length, coloured Red, and headed with a bright Bra(3 Spear of fix Inches long. II. yind be itfurth.' -Znailed, That at the Times of the breaking forth of Fire in the faid Town or Suburbs thereof, and during the Continuknce thereof, thefaid Firewards (hall and are hereby authori- zed and impowercd, jointly or feparately to command and require Af- fiftance for the cxtingui(hing and putting out the Fire, and for rcmo. ving of Houfchold Stuff, Furniture, Goods and Merchandizes, out of any Dwelling Houfcs, Store Houfes, or other Buildings aftually on Fire, ob in Danger thereof, and to appoint Guards to fecure and take Care of the (hme : As alfo to require Affiftance for the pulling down of any Houfes, or any ot}icr Services relating thereto, to flop and prevent the further fprcading of the Fire ; and to fupprefs all Tu- mults and Difordcrs. And the Officers appointed from Time to Time as aforefkid, are required, upon the Notice of Fire breaking forth (taking their Badge with them) immediately to repair to the Placf,and vigoroufly exert their Authority for the requiringA(r.ftance, and ufiiig their utmoft Endeavours to extinguifh, and prevent the fpreading of the Fire, and to preferve and fecure the Eftatc and Effea* of the Inhabitants j and due Obedience is required to b< yielded unto them, and each of them accordingly for that Service : And for all Difobedience, Negled or Refufal in any Perfon, Info»»ation thereof Hull, within Two Days next thereafter, be given to any One of His Majcfty's Juftices of the Peace for the faid County and Town, and upon Conviaion thereof, befoi-e any two of the Juftices aforefaid, each nnd every Perfon fo convi(5ted (hall forfeit and pay the Sum of Forty Shillings, to be levied and diftributcd by the Direftion of fuch Jufti- ces, among the Poor moft diftrefTed by the Fire ; and in Cafe the Of- fenders are unable to fatisfy the Fine, then to fuffer Ten Days Im- H h m- ^" Jufticei in S<.(Tion» to appoint T«n Per- (onitoferveuFire- wartU for HuUfux- Duty uidAuthority of the FirewtnU. Any Perfon dif- obcying theii Or- der* at the Time of Firet, forfeit 40s. I , '■ ■% ■. "I I f M il Two Magiftr«te« or Firc'.vardj, may or- c^^r any Houle to be pulled down, to flop the Fire 5 Owneri of fuch Houfes to have Sa- tisfaftion, by an Affeflment of the Inhtbitaut«. No Sat!ir«Aion to be made for tke Houfe where the Fire begin. Ill J>iil be it further EnaBed, That when any Fire fhall break out in the faid Town of Halifax, or the Suburbs thereof. Two or more of tht Magiftratcs or Fircwards of the faid Town /hall and may, and are hereby impowercd to give Diredions for pulling down any fuch Houfe or Houfes as fhali by them be judged meet to be pulled down, for the flopping and preventing the further fpreading of the Fire ; and if it fliall fo happen, that the pulling down any fuch Houfe or Houfes l)y the Dire fhall be the Occafton of flopping the faid Fire, Of that the faid Fire fliall flop before it come to the fame, that then all and every Owner of fuch Houfe or Floufcs fliall receive reafonablc Satisfaftion, and be paid for the fame by the reft of the Inhabitants of the faid Town and Suburbs, (to be accounted from the River cal- led Frelh Water River, to Mr. Manger's Diftilling H oufe inclufivc) whofe Houfes fhall not be burnt, in the Manner hereinafter prefcribed, (That is to fay) the Owner or Owners of fuch Houfe or Houfc- fo pul- led down and intitled as aforcfaid, fhall as foon as may be, make ap- nlication to the Firft Jufticc in the CommifTion of the Peace for the faid Town and County, or in his Abfertce to the next named in the faid CommifTion, who is hereby impowered to call a Sj>edal Sejfwns of the Juftices, who fhall meet at the Time appointed ; and the Court being fatisfied, by fuch Proof *s fhall be brought, of the Juftlce of the Claims made, they fhall then ifTue an Order for a Valuation of the Da- rrtages fo fuftained, to be made by Two or more indifferent Perfons, who fhtll make a Return of their Proceedings, upon Oath, into thr faid Court by the Day affixed, whereupon the Court fhall appoint Two or more AfTelTors, who fhall Tax the Houfes of the faid Inha- bitants that have not been burnt, at fuch Rate or Rates as fhall by them be thought juft, in Proportion to the Value of the Houfes that 4rc to be taxed, for paying the faid Damages and the Charges of Va- luation, Taxation, and CoUcftion, together with the other Fees of the Court, to be fettled before the making fuch AfTefTmcnt ; and the faid AfTefTors are to report their Proceedings to the Court alfo upon Oath. And the faid Court fhall thercup i ifTue an Ordrr fbr colledling the Monies fo taxed, and in Cafe of Non PaymcnC the fame to be levied by Warrant of Diftrcfs to be obtained from any One of the faid Jufti- ces, upon Application to him by the Colleftor or Colledors of the faid Tax : And as foon as the AfTefTments are (o collcftcd, the Court fhall order Payment to be made to the Party claiming, according to the Report m*de and approved of the faid Damages ; a» alfo the Payment of fufeh other Charges as aforefaid, IV. Provided^ That if the Houfe where the I'irc did begin and breakout, fkall be adjudged fit to be pulled down to hinder the In- creafe and further fpreading of the fame, that then the Owner of fuch Houfe fhall receive no Manner of Satisfadtion therefor, any Thing htrein contained to the contrary notwithftanding. X. And { 1762. ill break out o or more of lay, and are fuch Houfe 3wn, for the ; and if it r Hoiifes by he faid Fire, :, that then : reafonablc Inhabitants ; River cal- le inclufivc) rprefcribcd, Jufc; fo pul- , make ap- ace for the mcd in the il Sejiofts of the Court jftlceof the of the Da- It Perfons, I, into the ill appoint faid Inha- IS fhall by [oufes that gcj of Va- Kecs of the id the faid pon Oath, ledling the ) be levied faid Jufti- )rs of the the Court :ording to a alfo the 'Cgin and T the In- er of fuch njr Thing y. Avd 1762. Amo Secundo Regis Georgii III. Cap. IV. 123. V. And be it like-wife Ena^ed, That if any evil minded wicked Per- fons, fhall take Advantage of fuch Calamity, to rob, . plunder, pur- loin, imbezzle, or convey away, ..-conceal any Goods, Merchand'- 7€8, or Effeds of the diftrefled Inhabitants, whofe Houfes are on Fire or endangered thereby, a^d put upon removing their Goods; and fhall not reftore and give Kotice to the Owner or Owners, if known or bring them into fuch Public Place as fhall be appointed and afTigned by the Governor and Council, within the Space of Two Days next after Proclamation made for that Purpofe, the Perfon or Perfons fo offending, and being thereof conviaed, fhall be deemed Felons, and fuffer Death as in Cafes of Felony, without Benefit of Clergy. VT 22 Geo. 3. Ch. 2 Be it Enacfed, by the Lieutenant Gwerner, Council and A(fembly, That each Fircward appointed agreeable to the Direftions of the above recited Aft, ftiall be forthwith provided with one Ladder at leaft. Twenty four Feet in Length, and one Ladder Sixteen Feet Long with Hooks, one Fire Hook, two Axes, Twekc Leathern Bucketts, twelve large Bags and one Saw, which fh^til be by the faid Fireward depofited in the mofl convenient Plaee m fuch Ward, and at which the Inhabitants of fuch Ward are to afTemble, when the Fire Bell rings, and from thence to proceed under the Dir;> ftion of the faid Fircward, with fuch of the faid Implements as may be required, to the Place of Danger. VII. Sea.3. And be it alfoEnaHed, That the Ward orDiftrift of which eachFircward (hall have Charge, (hall be numbered, and that theLadders, Firehooks, Bags, Axes, Saws, and Bucketts fhall be marked with the Number of the Ward to which they belong, and within Twenty Four Hours after the extinguifhing any Fire, the faid Ladders, Firehooks, Bags Axes, Saws and Bucketts, fhall be delivered at fuch Place of depofit, and if after faid Twenty Four Hours any of faid Ladders, Fire- hooks, Axes, Bucketts, Bags or Saws, fhall be found m the Pof- feffion of anv Perfon, He or flic fhall forfeit and pay a Fine of Forty Shillings, to be levied by Warrant of Diftrefs and Sale of the Offen- der's Goods, before any one of his'Majefty's Jufticesof the Peace, the faid Fine to be paid into the hands of the Fireward, and to be applied for the Purpofe of repairing the faid Ladders, Firehooks, Axes, Buc kctts. Bags and Saws. VIII. Seft.4.y^«^ **«'/ «/ro/«'^''-"''-^«'"^'<'' That the Amount of the Coft of the Ladders, Firehooks, Axes, Bucketts, Bags and Sawt, fo pur- chafed, fhall be levied on the Inhabitants of the Town and Suburbs of Halifax, by AfTefTment in Manner as is provided for levying the Mo- nies voted for the Support of the Poor, and recovered accordingly. IX. Se&:.5.AndbeitEnalIed,Th9,tthcCon&a.h\t% of each Ward, fhall at- t-'iid with their Staves, on the F=rewardof fuch WVd at times of Fire, to Stealing at tlie Time oi Fires, Felony v.itiou' Clergy. F.ach t-iicward to be provided with Ladders, Firehooki, Axes, Bucketts, Bags, aad a Saw, to be depofited by him in lome con- venientPlace where Inhabitants are to airemble. Ward ot DiHrift of each Fircward to be numbered, •nd Ladders, &c. to be marked. If after 24 Houri after any Fire any Ladders, Scq. are found in thePoffef- fion of any Perfon to forfeit 40s. Coft of the Ladder* ttc. to be levied on the Inhabitant* by Afleil'mcnt. Conftablestoit' nd the firewards, at the Time of Fira. 134- Anno Secundo Regis Georcii III. Cap. V. 1762 ZlTrl\^'' ^"''^'°"' '"^ '° ""^"^ '" ^^^^^''"g g"°d Order and pre vent Thefts Hi #1 TreitMl)!!. I'uni/hmeot for Difobcdienee of Orrters, or Neg]«Q of Duty, on Con. vi£kion b«fare a Generfl Coart M«rtia!^ Or RejimcBrtl Court Martial. Sentence to be ap- proved by theCom- minding Officer, before it be ese- cutcd. C A P. V. Ah ACT for the better regulating the Militia, on a^ual Service in Time of War. '^y^M HERE AS in Times of imminent Danger, either Lv In- i ^'i ^>« or fudden Attack made or threatened to be made by %K&i-m n ^''^'■^^'' ^"""'^ °" ''"y 'f "" ^"h^^^ "^''fbin this ■ Province, infomuch that His Excdlincy the Governor, Lieute- vtu rTV' ^'"^"'"^^'^ i" Cki^ffor the Time being, Jhall, by Virtue of the Po^er granted him by His Majejlfs ComniJJifn, judge it from vfu County or Part of the Province to another, on neceffarj Ser- vue.or to do Duty hy mounting Guard: In fuch Cafe it is requifite that f u\J. '"^ ^'^"'■' ^'°" Commiflioned Officer, dr Soldier of the M.l.fa, under Arms for real Service, on a March, or on Duties' I P .Vt" '%"'"^' '" ^"y °^ ^^^ ^^°- ---oncd Dut.es, fhall d.fobey Orders, or neglcA doing his Duty, or (h.I] /hew any contemptuous Behaviour towards his fuperior Officer , if Mar^f ? I" i °" ?"''''°" ^^'-""^ ^^^°" - General Court Martial^ to be conft.tuted and appointed as hereinafter direded, be cafh.red by th. Sentence of fuch Court Martial , If a Non- Comm,ffio„ed Officer br Soldier, he fhali be confined bv the Com mandmg Officer of fuch P„ty or Guard : And it fhall be lawJui *or the Commandmg Officer of the Regiment, or of any Party, or Command, not under the Degree of a Captain, to order a Kegimental Court Martial to be forwith held for the Trial of fuch Offender, the faid Court Martial to confift of One Captain aiid Two Subalterns at leaft, but where they can be had, of On« Captam and Four Subalterns who may give judgment by laying a l ^SStuMm):- -«JU 1762 ler and pre- 1762. Amio Secundo Regis Gkorgii III. Cap. V. 125. Militia^ 'ther by In- hc jnadc by within this 'lor, Lieute^ rj-, Jhall, by in, judge it 'e to march 'effary Ser- equifite thai \ Dcfertion Council, and dr Soldier, rch, or on mentioned y, or ilvaii Officer ; if eral Court dirededj if a Non- the Com- be lawful Party, or order a Trial of le Captain J» of Orw by laying Shillings, left or re- d, by ri- m Hour, t to hard tal Coil It. he Com- herc the Crlm<^ Crime may have heen committed. And no Officer being the Accufer, /hall fit as a Member. III. Jnd be it further Euan ed. That if any Officer, Non Commif- fioned Officer, or Soldier, of the Militia, fhall in the Field, upon a March, or in Quarters on adual Service, dcfert the Troop, Compa- ny or Command to which he belongs, or fliall difobcy Orders •, if a Commiffioned Officer, he fhall be put under Arreft by the Comman- ding Officer, if a Non Commiffioned Officer, or Soldier, he Ihall be fcnt to the next County or other Goal as foon as convenient, and it rtiall and may be lawful! for Hi* Excellency the Governor, Lieute- nant Governor, or Commander in Chief of the Province, to order* General Court Martial, by a Warrant under his Hand and Seal, for the Trial of fuch Offender as fpeedily as the Service will admit •, which Court Martial fhall not conftft of a lefs Number than Thirteen Com- miffioned Officeis of the Militia •, and the Prefidcnt of fuch Court Martial fhall not be under the Degree of a Field Officer, and there fhall be as many Captains as conveniently can be had, the eldeft Sub- alterns to make up the Number : And that fuch Court Martial fhall have Power to adminifler an Odih to any Witnefs, in order to the Examination or Trial of the above Offences that fhall come before them. IV. And be it further EnaHed, That fuch General Court Martial (hall have Power to punifh with I^cath, or otherwife by Fine or Im- prifoiiment, the Fine not exceeding Twenty Pounds, or Imprifon- ment not more than fix Months. V. Provided always, That in all Trials by General Courts Martial, every Officer, before any Proceeding be had, fhall take the following Oath.and thcjudge Advocate ishercby authorized to tdminiiler the fame. TOU fhall well and truly try and determine according to your Evidence in the Matfer now before you, between or Sovereign Lord the King's Ma- jcjly and the Prifofifr to be tried. VI. And no Sentence of Death fhal) be given againft any Offender, by any fuch General Court Martial, unlcfs Twelve Officers prefcnt fhall concur therein ; and His Excellency the Governor, Lieutenant Governor, or Commander in Chief, fhall have Power to appoint anv one of his Majefly's Jufticcs of the Peace for faid Province, or other fit Pcrfon, to ac made by Ballot from each Company, in cx«A Proportion ac- I > car- Procefs for Dcfer- tion, &c. General Court Martial majr puniOi by Death, tec. Memberi ta take the following. Oath. No lenience «£ Death to b« livea unlefs Twelves Mc^aljwra coscur. Sentance to ba ap<- proved hy th« Ga«- varnor ice. When the llilithi is ordered to march, DeiachmcBta to he made from each "■~'"Tgprss»!P- 126, ^mo Secimdo Regis Georgii III. Cap. V. 1762. I ill is ^ PeiiaJty for refufing tu march. Militia to he paid ■when ordered to march. Militia doJBg aft- ual Duty on real ferviceinanyTown or County to be paid as h dire^led by Aft 2d Gto. 3. When any Town- Ihip.in the Interior pans of the Pro- vince, fliall find it ncceflaiy to provide armed Boat> for their Protettion.the Inhabitants are im- powered to meet, on notice given by the Town-Clerk, to confiilt and agree upon the Mcafurei to be taken for their Defence : and the Majority may Tote fuch a Sum.toberaifed by Atreflment on the cording to their Numbers then fit for Duty, which fhall be on the Oath of the Captain, or Commanding Officer, tothebeft of his Know- ledge, if required; and each and every Perfon fo draughted fli.all go in his own proper Perfon or find a good Man in his Room, and for his N«gled or Difobedience herein, he fhall be confined by 'the Com- manding Officer, and fhall pay a Fine of Ten Pounds, or remain in Goal for Three Months, and another Man fhall be draughted as afore. Aid to march in his Place, who fhall have Half of the above Fine. IX. And be it further Ena5fcd, That when any Part of the Millti.a fhall be ordered to march from one Part of the Province or Town tp another not in the fame County to which they belong, on real Ser- vice, there fhall be allowed and paid to the Commiffioned, Non Com- miffioncd Officers, Drummers, and Private Soldiers, for (o long as they ftiall remain on fuch Service, at and after the Rates following, {That is to fay) to the CommifTioned Officers at and after the fame Rate as Officers of the like Rank in His Majefly's Troops -, to the Serjeants after the Rate of Two Shillings, Corporals One Shilling and Four Pence, Drummers One Shilling and Four Pence, and Private Soldiers One Shilling per Diem each, together with the like Allowance of Ra- tions of Provifions of all Kinds as are diflributed and allowed to the Non Commiffioncd Officers and Soldiers in Hi« Majefly's Regular Forces. X. 17. Ceo, 3. Ch. ^. Be it therefore Efta^eJ^ by the Lieutenant Go- • vernor, Council^ and JJfemhly, That there fhall be paid to all Commif«N fioned, Non-CommifTioned Officers, Drummers and Private Men, who fhall hereafter do aftual Duty on .eal Service, within any Town or County in this Province, fbr fo long as they fhall remain and con- tinue on faid Service the fame Rate of pay, as is allowed to be p^d by faid Aft to the Said Officers, and others doing duty on real 5ervi. ce, not in the fame County, to which they belong. XI. 21. Geo. 3. Ch. I. BE it therefore Enabled., by the Lieutenant- Governor., Council and Affembly., That whenever any Townfhip, fituated in the interior Parts of the Province, in the Bay ofFundy and Bafon of Mines, fhall find it neceffary to provide and furnifh themfelvcs with armed Boats for their Proteftion, the Inhabitants of fuch Townfhip or Townfhips fhall and may, and they are hereby impowercd to Meet, on Notice to be given by the Town-Clerk, by the Direftion of the Officer cc.^-nanding the Militia in fuch Townfhip, of the I'ime und Place of Meeting, in order to confult and agree upon the Meafiires to be taken for their Defence againfl the Attacks of an Eoemy by Water : And the Majority of faid Town- meeting, accordingly, fhall and may Vote fuch a Sum, to be raifcd by AfTefTment upon the Inhabitants, as they fhall think. nccefTary for the Purpofe of Building and Equiping one or more armed Boats, which Sum fhall be levied as other AfTefT- mcntK V V. 1762. 1762. Anno Sccundo Regis Georgii III. Cap. VI. 127. 1 be on the if his Know- tcd Ihall go m, and for y the Com- r remain in ed as afore- 'e Fine. the Militi.a )r Town tp on real Ser- Non Com, fo long as 5 following, : fame Rate ^e Serjeants r and Four ate Soldiers mce of Ra- iwed to the .''s Regular '4tenaHt Go- 11 Commif* vate Men, any Town n and con- to be pifd real Servi- Lieutenar.t- ip, fituated id Bafon of elves with Townfhip d to Meet, ion of the I'imc und ieafures to by Water : 1 and may bitants, as Equiping her AflcflV mcntfi ments are levied in the Province •, the faid Boats to be under the Con- (hiihhi'nTnrcVfTa^ duct and Diredion of the Commanding-Officer of the Militia in each ry for buiUiingand Tov/n,lhip, where the fame fhall be provided. ed^Buati. *' ""' XII. Be it Ena^fd^ That whenever the Commanding-Officer of any Townfhip fliall find it neceflary to order the Boats, provided as aforefaid, to proceed in repelling the Enemy, or, to the Affiftancc of the neighbouring Townffiips, the Militia of fuch Tov/n fhajl, oa the Orders of fuch Commanding-Officer, proceed in fuch Boats accor- dingly. XIII. 17. Geo. 3. Ch. 3. ProvidtJ, That nothing In this aft contain- ed, ftiall take EffeA, or be carried into Execution at any Time but on Occafion of a^)^^^?^ E it EnaEfed by the Lieutenant Gne kind and that all Calk or Bar- rels fo packed be full, and in all other Refpefts anfwcrablc to the Regulations herein fpecified in that behalf, fetting his Brand or Mark on all Cafk or Barrels fo by him examined and furvcyed ; and he iliall receive of the Owner or Seller of fich Fifh, for furvcying and mar- king, Two Pence par Barrel, and Four Pence per M'li- for his Tra- vel i and if any fuch pickled Fifh be put to Sale or (hipped off with- out the Surveyor's Brand or Mark, they (hall be forfeited, or the Value thereof, by the Seller or Shipper of the fame. VI. 6. Geo. 3. Ch. 2. Be it Enaited by the Lieutenant Governor, Coun- cil, and Affembly, That from and after the Firft Day of January, which will be in the Year of our Lord One Thoufand Seven Hundred and Sixty Seven, all and every Perfon or Perfons, packing Mackarel or any other Kind of pickled Fi(h within this Province, for Sale or Ex- portation, fliall brand each Cafk and Barrel by him or them fo packed^ on the Head of fuch Cafk or Barrel, with the initial Letter or Letters of his or their Chriftian Name, and his or their Sirnamc at Length, before he or they fliall (hip or expofc the fame to Sale, and every Per- fon or Pcrfona, who (hall prcfume to (hip for Exportation or -expofe to Sale any Mackarel or other Kind of pickled Fifh, before the fame be branded as aforefaid, fhall, on due Convidtion thereof by the Oath of One credible Witnefs, before any one of His Majefty's Juftices of the Peace, forfeit and pay the Sum of Ten Shillings for each and every Cafk or Barrel fo exported or expofed to Sale •, one Moiety thereof to the Informer, and the other Moiety to, and for the Ufc of the Poor of the Townfliip, Town or Place, wherein fudh Of- fence fhall be committed ; the fame to be levied by Diftrefs and Ssde of the Offender's Goods and Chattels, together with the Charges of fuch Diftrefs and Sale, rendcrint; the Overplus (tf any be) to the Owner or Owners thereof. VII. And beilMhnviJe Enafhd, That all Sorts of green or piofckd F Ifli that (hall kie put up for Exportation to a Foreign Market, (hall be fcauchci , furvcyed, and approved by thefworn Surveyor, whs .(hall rake iivift Care that the fame be m .all iRefpcdts agrceahleto the Re- K k gula- on Penalty of 101 for each t-aflc. Surveyors of pickled Fifh not la mark any but fuch as arc agreeable to this Aft. Their Fees. Picicled Fifh not marktd to be for- feited if offered to Sale. rerrnsa packiDft Pickled Fifh for Sale orExpnrtation, to brand each Cafk with the initial L«t- tcrs of (heir Names &c. «n PeMlty 4H' iflp. for each Cafk. One Half to the In. former, the other Half to the Foer. Surveyors to exa- mine ftriaiy all Pickled Fifh. I! i-jc. Jmio S,y::>i.io R,'jri, Gkort-m III. Cap. \"I. 1762. Marters of VcfTcls, &c receiving Piclvlcd Kilh on l^Oiirtl, noc iiurked, to Torleit double Uic V'«Iue. Any I'crfim fljifting Filh alter the Ikinc h«s been marked by the Surveyor, to fuffcr Imprifon- ment, For tSe firll Oftcncc.fixMonthj; ior the Iccojid Of. I'cnce, nine Months, and for the third Offetu'e, Twelve Months, and pvy double Damages. Penalty ^10 for Counterfeiting the Snrveyoi'sMark. Cullers ot dry Cad Filh, their Duty, tad Fera. If any fuch Pi(h be put to Sale or Ship- ped forExportatioD, without the Cullers Certificate,the fame to be forfeited or the Valut. Surveyors of Lum- ber, their Duty, gulatmns hcrcii, before fpccified, and Hiall nnd may open the Head of a..y one liatrcl the Buyer /hall chufe for that Purpofc, and fuch a. fliall be found good and Merchantable the Surveyor fliall mark with fuch Brand Mark^ as /hall be a/hcrned to him by the faid Court and luch other Cut Mark as may denote the Kind 6f Fi/li a„d TiiTw vvhei* lacked. And if any Mafter of any Ship or Vc/fcl, or any Officers or Marmers belonging thereto, (hall receive fuch pickled Fi/li, „ot mar- ked and branded as aforciaid, on board any of their Ships or Ve/Ttls, he or they who /liall offend therein, /liall forfeit double the Value of all fuch Fi/h J and he or they who /hall own fuch Fi/li /hall forfeit the fame, or the Value thereof And if any Cooper or othtr Pctfon /hall ftiift any FiHi, either on hoard or on Shore, after the fame hath been fo marked and branded by the Surveyor, and /liip and export the fame, the Surveyor not having allowed thereof, and marked the C-a/ks or Barrels a new, whcrelnto fuch Fi/h /liall be fliifted ; all Perfons acting, ordering, or a/Fi/ling therein, upon Conviftion thereof before any one of His Maje/ly's Juflices of the Peace, hy the Oath of one credible Witne/s, for the lirft Offence /hall fu/fer fix Months Imprifonmcnt, for the lecond nine Months Imprifonment, and for the third twelve Months Imprifonment, without Bail or Mainprize ; and fhall likcwife pay double Damages to the Perfon wronged thereby. And if any Perfon or Perfons fhaJl prefume to counterfeit the Brand Mark of any Surveyor or G auger, or Certificate of ajiy Culler, upon due Proof or Conviftion, he or they fhall incur, forfeit and pay the Sum of Ten Pounds, and fuffer one Month's Imprifonment.^ VIII. Jnd be it further Enabled, That the Culler of dry Cod Fi/1\ thereto appointed as aforefaid, /hall cull all fuch dry Cod Fi/li that /hall be fold or exported, and /hall have One Penny per Quintal for every Quintal of Fi/h by him fo culled, and Four Pence per Mile foi- his Travel, to be paid by the Owner or Seller ; and fuch Culler fliall give a Certi/icate under his Hand fpecifying the Quantity of Fi/h (0 by him culled, and the Name of the Owner, Seller, or Shipper there- of, and of the Time and Place where culled, and if any dry Cod Fi/h /hall be put to Sale, or /hipped for Exportation, without having been fo culled by the Culler, or without fuch Certi/icate thereof as be- fore direftcd, the fame /hall be forfeited, or the Value thereof, by the Seller or Shipper of the fame. IX. And he it alfo Ena.'ted, That all Boards, Plank, Timber and Slit Work, that /hall be imported or brought for Sale to any Towa within this Province, or exported from thence to any Foreign Market before their Delivery on Sale, /hall be viewed, furvcyed and alfo mea- furcd, by one of the Surveyors thereto appointed, (where he /hall have »ny Doubt of the Meafure) having Con/ideration for drying and Shrin- king} alfo /hall mark anew all fwch to the juft Contents, making AI-' lowaT;. :7, Set. deficient in Quality to be burnt '(?■! Staves and Hoops delivered uponSaIr, or Shipped Cot Ex- portation, not fur- veyed, ro be for- feited or the Value, by the Seller or Shipper. QoTd Wo«d Md, before it be furvey- ed, to be forfeited, orthe Valce, byt)»e Seller. Surveyors may on Rcfufal ofPayment, detain as much of any Commodity as will pay jiii Fees, if under aos. if above, to be levied by Warrant of Dif- trefs ftom « Jufticc pf th« Peace, Directions of this AriIy 1763, in the Third Year of His faid Majefty's Reign ; being the Third SefTion of the Third General JJfembly convened in the faid Pro- vince. VM ! Content* of Btrreli oi Beef and Pork. Flour andBifcuitte be (bid by Weight. i " r If fold in any other Manaer, to be fpr- felted. C A P. I. An ACT to prevent Frauds in the felling of Floury and Bifcuity or Ship Bread in Caiks. ;"H^se^5C E it EnaHed by (be Lieutenant Governor, Council and Af- ft femhly. That from and after the Publication hereof, all \ Calks of Beef and Pork which fliall be fold, expofed to Sale, HfMti^*'^ or battered, or bargained for in any Way or Manner what- foever within this Province, fhall contain, if the Produce of Americtiy not lefs than Two Hundred and Twclre Pounds of neat Meat j and if from Ireland, not lefs than Two Hundred Pounds of neat Meat. II. And be it alfo Enabled, That from, and after the Publica- tion hereof all Flour, Bifcuit, or Ship Bread, that fhall be fold, bartered, or exchanged within this Province, fhall be fold, bartered or exchanged by Weight only, and in no other Way or Manner whatfoever. \ III. And be it further Enabled, That no Pcrfon or Perfcns what- foever fhall hereafter prefume to fell, barter, or exchr.nge any Flour, Bifcuit, or Ship Bread, by the Cafk, or in any other Mj-ner what- foever. 1763. he Pro- olden at )f Jul}', ft Year n Lord vat Bri- )efender jntlnued I Twen- e Third Reign ; 3 Third aid Pro- «763- Anno Tertio Regis Georoii ill. Cap. I. hi- of Floury (ks. mcil and yf/1 n hereof, all pofed to Sale, lanncr what- : o{ Americiif tiQtit Meat i jnds of neat he Publica- lall be fold, )ld, bartered or Manner ;rfcns what- je any Flour, Tj" ner what- focvcr. focver, other than by Weight as above dircdled, on Pain of for- feiting all fuch Floiir, Bifcuit, or Ship Bread, fo fold, bartered or exchanged contrary to the Intent and *. u; , of this Aft: And every Pcrfon or Pcrfons offending he v... uki i) ng convidled thereof, ftiall alfo further forfeit and pay w ^ Sum if Twtnty Shillings for every Hundred Weight, and ib in u - on for a greater or Icfs Q^iantity of fuch flour, Bifcuit, or b 'ead, fo fold, bartered or exchanged v to be recovered, frrcthe' with Cofts of Profecution, on the Oath of One credible WitmT ;'C any Two of His Ma- jcfty'B Jufticcs of the . Peace for .at county where the Offence fhall be committed, ■ IV. AnA he it further EnaUcct^ That all Forfeitures and Penal- ties incurred and arifing by this Aifl (hall be applied and difpofed of in Manner following, (that is to fay) all Flour, Bifcuit or Ship Bread, which {hall be forfeited by Virtue of this Aft, fhall be applied to the Ufe of the Poor of the Town or Place where the Offence fhall be committed j and all and every other Penalties in- curred by this Aft, fhall be applied to the Ufe of the Perfon or Perfons who fhall inform and fue for the fame. V. Pro.vided always, That all Profecutions to be brought by Vir- tue Ckf this Aft, fhall be commenced within Ten Days after the Offence committed. ind the Offender to forfeit 201. for every Ct. Weight. Conviftion before two Jufticei. Applicttion of Forr feiturej and Pe- nalriei. ProfecutioD to be witkin ten Day.*. At the General Assembly of the Province of N&va Scotia^ begun and holden at Ha- lifax, on the Fir/i Day of July, Anno Do- mini 1761, in the F/;)? T^^r of the Reign of Our Sovereign Lord GEORGE the Third, of Great Britain, France, 2ind Ire- land, KING, Defender of the Faith, &c. and there continued by feveral Proroga- ' tions until the Nineteenth Day of OSiober^ 1763, in the Third Year of His faid Ma- jefty's Reign; being the Fourth Seffion of the Third General Affemhly convened in the faid Province. CAP. i; TiiTninnii 3!i: lie >? s Amo Terlio Regis Geokgh III. Cap. I. '763. C A P. I. ^n ACT to prevent Nuifames by Hedges, Wean, and other Incumbrances, objiru&ing the Pajage bf Ftp in the Rivers in this Province, Presmblcr Ri'.erFifhery to be reguUted by the Juflicei in their Quarcei Sc/!idDs. Perfons triafgre/T. ingthefe Regulati- 6nstoii|rfeit/.io One half to the In- ibrmer the other to tJ* Poor. Thejuftices in their General or Special Seffiona to make Regulaiionjforthe River Fi/hery and iffix a Penalty for breach thereof not exceeding/; 10. how recovered. |^)J()J()J(^ HERE AS the erealng or fitting up Hedges, IVean, ^ ffr ^ F'Pgarths or other Incumbrances, or placing Seines acrofi Q^Wi*.'^ yf-'""' ^° ■^'■^' '^■^''"^^ orftraiten the natural Courfe and ^^«*;K Pafage cf Fijh in their Seafons for /pawning, muji be ver^ detrmental, and may entirely dejlrey the Salmon, Bas, Shad, Ailwive, and Gafpero Tifiery ; which the new Settlers in general depend on, in a great Measure for their Subftjlance ; Therefore in order to prcferve T jfT \ T"""' '" '^^ ^"habitants of this Province : Be it Enamd by the Lientenant Governor, Council and Affemhh, That the Juftices m their/./ General Quarter Seffiom held in each County, annually /hall and are hereby impowered and direfted to make Rules and Ordm for the Regulation of the River Fi/hery in their Re- fn ;r ^°7'«'. *« ^Jj^y from Time to Time /hall /ind neeeflary ror the Prcfcrvation thereof. ^ ■ \l.And it is hereby further Enabled, That if any Perfon or Per- fons /hall prefume to ereft or fet up any Hedge, Wear, Fi/hgarth. or other Incumbrance, or place any Seine or Seines acrof, .nv Ri- ver m this Province, contrary to the Rules and Regulation, fo fixed on and eftab h/hed by the Juftices in their faid 'r.W |,! j" ^#.«. annually, /uch Perfon or Perfons /hall, upon due Convidlion %1 I "t" ^"^°™"' '^"'^ '^' ^'^^'^ half for the Poor of th Town/hip, where the OfFc.ce /hall be committed, to be recovered by of Rc"cord °' Inforniation in any of Mis Maje/ty's Courts J";/^;.?": ^■^^•^' ^^ " ^""'^'"^ by t^-^'' Governor, Comuiland fstfJT, " ""f r' r '^ '"^'"^ '^^ ^'^^J"^-'^ in tl^irCV : j fortrR {7 "/f /'-f. •-"»% to niake Rules and Orders Ind n-^1 u''^'''' R'verFi/hery in their refpedive Count! s ^nd D.ft„ft, as they from Tim. to Time /hall find neceflary fo Z Prefervat.on thereof, and to affix a Penalty for the Breach of L fine not •xceedmg Ten Pounds, to be recovered when the Sum doc 1; Twenty Shilling, and not exceeding Three Pounds before two Ju^i ces, any Law, Ufagc or Cuftom to tJie contrary notwithftanding. *" • .IV. And i;63. 1763. Anno Tertio Regit Georoii III. Cap. II. ^21 fP^earS) Pnjfage f docs not i exceeds *o Juflf. iding. IV. ^,i IV, And he it al/o Enaifed, That the faid Juftices in their Seffions as aforefaid, Ihall and may appoint two or more fit Perfons to be Over- fcers of the River Fifhciy, who fhall be fworn to the faithful Difcharge of their Duty, and Ihall have Power to remove any Net, Hedge, Wear, f ifh garthj Seine or other Incumbrance, that fhall be found in any River contrary to the Regulations made by the faid Jufticci. V, And be it alfo further Enabled, That if any Net, Hedge, Wear, Fifli garth, Seine, or other Incumbrance ihall be found in any River, contrary to the Regulations fo made by the faid Juftices, and no Owner appearing to claim the fame in Ten Days after public Notice ihall have been given, thereof, the faid Net, or Seine, ihall, together with the Fiih found therein, be forfeited and fold, to fatisfy the Penalties afore- faid, the Overplus if any to be paid to the Overfecrs of the Poor for the Ufe of the Poor of the Townihip where the Offence ihall be com- mitted. VI , Provided^ That nothing in th<< Aft ihall be conftrued to ex- tend to fuch Rivers, to whijch Fiih do not refort in the Seafons for fpawning. CAP. II. An Aa: to enable Proprcitors of Lands to Affefs and difcharge the Expence which has accrued upon Dividing their Lands, by Virtue of a former Law of this Province. The Jufticc. to ap. point two or j;i»re tit Perfons tob; O- verfecrs of the Ri- ver Fillicry. If any Net, Hedge &c. is found in any River contrary to tlic Regulationj tlie fame witJi the Fiih therein to be forfeit. Nothing in this Ad t« extend to River* where Fifh do not refort in Seafons fur fpawning. ."I'^.^X HERE AS by an AH of this Province infilled, « An ASl to §t IV P"' enable Proprietors to divide their Lands, held in Common rreimWt. ^ \*' a"d undivided, " fundry Proprietors of Lands within this X'iSf'^',< Province, have proceeded to a Divifon under the SanSIioH of the aforefaid ASI, which hasfime been repoded-. And Whereas confiderable Expence has attended the making fuch Divifwn, Be it Enabled by the Licti- trnaat Govtrnor, Council, and Afembly, That all Persons, proprietors of Lands within this Province, who by Virtue of an Aft intitled. Aft Aa to enable Proprietors to Divide their Lands^ held in Common and undi- vided, have heretofore by a Majority of th» Pioprietors, agreed upon, and divided their Lands, under the Sandion, and agreeable to the Dirrftion of the faid recited Aft ; «ach and every fuch Proprietor iliall M m pay ProptietorioTLindi held in common ro pay their Jrvide'nci of the Erpcne? of divtdint them. tl 13S. j^niio 'Tcrtio Regis Georcii III. Cap. III. 1763- itf. i|i "The Acconntj of fuch Expellees to be «u(lited by order of theQuartcr Sefljons, and approved by them, and each Proprietor to pty 1ms Shtre. One Juftiee to let the Lands ofPcrfons unable to pay, till their Dividend i: made np. Perfoni aggrieved thereby may com- plain for Redrefs to the Quarter Sef- fions. pAy their Dividend or proportional Part of all fuch Expence, as may have arifcn from the making fuch Divifion. II. Andheit further Encicled^ That all Accounts of Expences incurr'd for the Services afbrefaid fhall, before Payment, be laid before the Ju- ftices of the Peace for each County, in their garter SeJJions, who are hereby impowered to appoint proper Perfons to audit faid Accounts^ and to make a Dividend to each Right or Share of Land in fuch Pro- priety, in juft and equal Proportion ; which Dividend or Proportion, when approved of by the faid Court of ^tarter SeJJio/is^ fhall be paid by each Proprietor or Perfon in PofTeffion of fuch Lands, to the Per- fon tDr Perfons to be appointed by the Propriety to receive the fame ; and if any Proprietor or other Perfon in Poffeflion of any Right <5r Share of Land, divided as afbrefaid, fhall rcfufe or neglcft to pay his, her, or their refpedive Dividend or Proportion as aforefaid, it fhall and may be lawful on Complaint of fuch Receiver appointed as aforefaid, for any One of His Majefly's Juflices of the Peace to iffuc a Warrant of Diftrefa and Sale of the Delinquents Goods and Chattels, for the Recovery of the fame, with the Charges of Profccution. III. And he il further Eita^ed, That if any Proprietors of Landa, divided as aforefaid, be abfent, and no Perfon appearing iii their Be- half, or fhall be prefent, and have not any Goods or Chattels to anf- wer his, her, or their Dividend or Proportion of Expences as afore- faid, it fhall and may be lawful for any One of His Majefty's Juftices of the Peace, refiding in the Townfhip where fuch Lands lie, to let out any Part of fuch Delinquent's Land, that may be fufficient to pay, by the Produce of the fame, any fuch Dividend or Proportion then due. IV. Provided always. That If any Perfon or Perfons fhall think them- felvcs aggrieved by any Jufl-ice of the Peace, concerning the letting their Lands as aforefaid, luch Perfon or Perfons may complain to the Juftices of the County in their ^r.rier Se/JJous, ) are hereby impow- ered to hear and determine all fuch Complaints. fi Perfons ektrged in Execution may ap- ply by Petition, to the Court from v?Kence the Procefs iflued, or to Two Jufticet in Vacati- on, ta be difclur- ged. CAP. III. An Ad for the Relief of Infolvent Debtors. W.'^%^*yK £ it Enabled by the Honorable the Licuteant Governor & 5 jS Council^ and Affembly, That from and after the End of » % this prefent Seffion, if any Perfon or Perfons now charged, ^<»^'^)¥i or who fhall or may hereafter be charged in Execution for any Sum or Sums of Money, and Ihall be minded to deliver up to his, hcr^ or their Crtditors, all his, her, or their EfFcAs, to- wards J763- ce, as may :es incurr'd ore the Ju- »j, who are Accounts^ 1 fuch Pro- Proportion, lall be paid :o the Pcr- the fame ; ;htw charged, I Execution to deliver EfFcdls, to- wardK 1763. jinuo Tertio Regis Ge?R6II III. Cap. III. 139- on giving an Ac- count ot their Reai aadPcrfoiijlEAate. The CoHrt or Juf- tices to make an Order to call the CreiUtors before them. If Creditor* fail t» appear, the Court or Jultices may ex- amine into the Mat- ter ot" the Petition, wards the Satisfaftion of the Debts, wherewith he, (he, or they ftand charged, it fhall and may be lawful to and for fuch Prifoner to exhibit a Petition to any of the Courts of Law within the faid Province, or during the Intervals of the Sitting of fuch Court*, to any Two of the Juftices of any fuch Courts, from whence the Pro- cefs iflued, upon which he, fhe, or they was or were taken or charg- ed in Execution, certifying the Caufe or Caufes, of his, her, or their Imprifonment, and an Account of his, her, or their whole Real or Perfonal Eftate, with the Dates of the Securities wherein any Part of it confifts, and the Deeds or Notes re- lating thereto, and the Names of the Witneffes thereto, as far as his, her, or their Knowledge expends therein ; and upon fuch Pe- tition the faid Court or the faid two Juftices may, and are here- by required by Order or Rule of the faid Court, or by Order under the Hands and Seals of the faid Two Juftices, and the feveral Cre- ditors at whofe Suit he, fhe, or they ftand charged as aforefaid, to be fummoned to appear perfonally, or by their Attorney in the faid Court, or before them the faid Two Juftices, at a Day to be ap- pointed for that Purpofe :, and upon the Day of fuch Appearance, if ?ny of the Creditors fummor.vd refufe or ncgleft to appear, upon Affidavit of the due Service of fuch Rule or Order of the faid Two Juftices, the faid Court or the faid Two Juftices fhall and may in a fummary Way, examine into the Matter of fuch Petition, and hear what can or fhall be alledged on either Side, for or againft the Dif- charge of fuch Prifoner, and upon fuch Examination the faid Court or the faid Two Juftices may, and are hereby required, to admini- fter or tender to the Prifoner, an Oath to the EfFeft following, which Oath the faid Court, or the faid Two Juftices arc hereby impowcred to Adminiftcr. I. A. B. Do fokmitly Swear in the Prefence of Almighty C DO, TheO«th. thai the Account by me delivered into In my Petitior to Doth contain a true ami full Account of all my Real and Perfonal Ejtate, Debts, Credits, and EJfetls whatforer, which I, or any in Trufl for me, have, or at the Time of my faid Pet.^nn iia.\ or am or was in any Refpeli inlitled to in Poffrffton, Remainder or P.everfwn, (except the IVearing Ap- parel and Bedding for me or my Family, and the Tools or Infiruments of my Trade or Calling, not exceed:,^: "^'"f Pounds in the whole) and that 1 have not at any Time fince my Ini^-tjonment or before, direilly or indireBly, fold^ leafed, affigned or otherwife difpofed of, or made over in Tntjl for myfelf^ er otherwife, ether than as mentioned in fuch Account, any Part of my Lands, Eftate, Goods, Stock, Money, Debts, or other Reetl or Perfonal Eftate, whereby to have or exptSl any Benefit or Profit to myfelf, or .<» de- fraud any of my Creditors, to whom I am indebted. and tender an 0 fo long as he, or Jh« ihall continue in Prifon at his, her, or their Suit a« aforefaid •, on Failure of the Supply of which weekly Allowance at any Time, the Prifmier fhall forthwith, upon Application to the faid Court, or during the In- terval of fuch Courts Sitting, to the faid Two Juftices, be difcharged by fuch Order as aforefaid. t4i. and fuch Creditors to allow the Prifo- ner Eight Poundx of Bifcuit perWeck in the Mean Time on Failure whereo the Prifoner to be difchargedv J'roceedisgs of the Two Juftices to be efFe£tual, and 1 Re- cord thereof to be n>tde and returned to the Court. If upon thePrifo- ner's appearing be- fore the Court, the Creditors Hiall not appear, or (hew « Probability, that the Prifoner it for- fworn.ic. the Pri- foner to be difcharg- ed, unlefs the Cre* ditor inM on his being longer de- tained, &c, igret to the weeklyallow- ance of Bread ; on Failure whereof, the Prifoner to be difcharged. Nn V. Ami 142. I'roceedingJ when the Prifoner peti- tions during the Sitting of theGourt. :!■ ; i.«l Time limitted for Prifoneri to prefcnt their Peticioni. Anno Tertio Rc^is Georgii III, Cap. III. 1763. u y. And be it Entiifedi That in cafe on the Appearance of the fald Prifoncr, before any of the faid Courts of Ltvr in this Province, on his Petition to them at any Time durihg theih Sitting, preferred as aforefaid, the Pcrfoh or Perfons at whofe Suit fuch Prifoncr was char- ged in Execution, or ahy of them, Ihall not be fatisfied with the Truth of the faid Prifoncr's Oath, at that Time made, but /hall dcfire fur- ther Time to inform himfelf or herfelf of the Matters contained therein, the faid Court mav and [(hall remand the faid Prifoner, and direft the faid Prifoner, and the Perfon or Perfons diflatisfied with fuch Oath, to appear at another Day to be appointed by thfi faid Court fometime within and during their then prcfent Seflions, for that Pur- pofci {ubjcft in the mean Time and until fuch fecond Day, to the fame Allowance to the faid Prifoner, by fuch Peffon br Perfons fo diflatisfied with the faid Prifoner's Oath, and liable to the like Dif- charge in Cafe of Default of fuch Allowance as is herein before dircft- ed, upon Application to the faid Two Juftices as aforefaid : Alid if at fuch fecond Day foto be appointed, th.: Creditor or Creditors diflatis- fied with fuch Oath, (hall make Default in appearing, or in Cafe he flie, or they fhall appear, but Ihall be unable to difcover any Eftate or EfFefts of the Prifoner, omitted in fuch his or her Petitiorii or to (hew any Probability of his, or her having been forfworh in the faid Oath» then the faid Court fliall immediately caufc the faid Prifoher to be dif- charged, upon fuch AfTignment of his, or her Effetfts in Manner as aforefaid, unlcfs fuch Creditor or Creditors do infift upon his, or her, being longer detained in Prifon at their Suit, and do agree by Writing under his, her, or their Hands, to fupply and allow Weekly the Qiian- tity of Eight Pounds of good and wholefome Bifcuit Bread per Week, unto the^faid Prifoner, to be fupplied and allowed the firft Day of every .Week, fo l«ng as he, or flic, fliall continue in Goal, at his, her, or their Suit ; on Failure of the fupplying of which weekly Allowance at any Time, the faid Prifoner fliall forthwith upon Application o the Court, or during the Interval of fuch Courts Sittings, to any Two Juftices of the fald Court, be difchargec by fuch Order .is aforefaid ; but in Cafe the faid Prifoner ihall refufe to take the faid Oath, or ha- ving taken the fame, ihall be detefted of Falfity t,faerein, he or flie (hall be prcfently remanded. VI. And to prevent Perfons who may be charged in Execution from lying in Prifon^ until tbey have fpent their Subjiance "wherewith they fhould fatisfy their Creditor s^ and afterwards taking the Benefit of this A£f, where they have nothing left to deliver up to their Creditors ; it it hereby tnaSfedy That no Perfon charged or to be charged in Execution, excepting thofe already in Goal, ftiall be allowed or permitted to exhibit a Petition to any of the Courts of Law in this Province, or to any of the faid Two Juftices of fuch Courts, from whence the Procefs iflued as is before provided, unlcfs fuch Petition be exhibited, if before the Court, within \\ ' i r 4 i 1763. Jnm tertio Regis Georgii III. Cap. III. U.^ within Ten Days ncitt after the firft Meeting of the faid Court which fhall be next after fuch Perfon fhall be fo charged in Execution, and if before the faid Two Juftices, within Fourteen Days next after fuch Perfon ihall be fo charged in Execution : VII- ProvideH always^ That tho* the Perfons of the Debtor or Deb- tors fo difcharged, (hall never after be arretted for the fame Debt or Debts, yet notwithftanding fuch Difcharge the Judgment againft him, or her, fhall ftand and remain in Force> and Execution may be taken out thereon againft his, or her Lands, Tenements, or Hereditaments, Goods, and Chattels, (his, or her Wearing Apparel, Bedding for him, or herfelf and Family, and neceflary Tools for the Ufe of his or het Trade or Occupation excepted) in the fame Manner as if he or fhc had never been taken in Execution for the faid Debt. The' Pri loner's P«. fon be difcharged, his Lands, ice. to be always liabJe. VIII. Provided alfo. That if any Perfon who Ihall take fuch Oath is siforcfaid, before the faid Two Juftices, or before the faid Court as aforefaid, fliall upon any Indi(5lment for Perjury, in any Matter or Particular contained in the faid Oath, be convided by his, or her own Confcffion, or by Verdift of Twelve Men, as he, or flic, may be by Force of this Aft, the Perfon fo convifted Ihtll fu/Fcr all the Pains and Forfeitures which by Law be infllftcd on any Perfon convifted of wil. ful Perjury, and fhall be liable to be taken upon any Procefs de novo^ and charged in Execution for the faid Debt, in the fame Manner as if he> or fhe, had never been difcharged or taken in Execution before, and fhall never afterwards h«ve the Benefit of this Aft. IX. Provided alfoi That if the Eifefts fo afTigncd, fhall not extend to fatisfy the whole Debts due to the Perfons at whofe Suit he or fhe was charged, and the Fees due to the faid SherifF or Coaler, there fhall be an Abatement in Proportion; a.id fueh Sheriff or GoaJcr fhall come in as a Creditor, for what fluil oc then due to him for his Fees, in Proportion with the Creditors at rfnoie Suit he or ftie wae charged in Execution. If prifoner after- wards be convifted of Perjury in faid Oatk, he fhall fuffer •11 the Pains of wilful Perjury, »nd ifiay be taken Jt ntvt, and char* ged again in Exe- cution for the faid Debt. Sheriff or Goale to come in as a Creditor for their Fees, X. ^Hd be it like-wife Emffedy That every SherifF or his Deputy; Bailiff, or other Officer or Minifter aforefaid, offending againil this Aft, fhall (over and above fuch Penalties or Pur=''.,.,»« any of his Majefty's Courts of Record. II. Be it further EnaSted, That the Time for holding the faid Meetings flull be on the firft Mondays in April and November, when and whcrv the faid Inhabitants (a Chairman being firft chofen) ftiall and may proceed to choofe five Freeholders, any three of whom t^ H a Quonim, who arc hereby impowered to Aflefs the Inha- bsrsnfa of faid Townfliip for fuch Sum as ihall be granted by the Majority of the Inhabitants ibaflembled for the Relief of the Poor to be aflefTed in juft and equal proportions according to each per- font known Eftate cithct real or Perfohal, and if any perfon fo af- fefled Ihall rcfufc or ncglcft to pay faid afleflmcnt to the perfon or perfons appointed by the faid Inhabitants to coUeft the fame, the fame Meetingf ia April •gd Noreraber. 'f^ 1763. jinno Ttrtio Regis Georcii III. Cap. IV. 1763. »45. Chairman to ad- joera. AfTeflbrs atgledl. ing. «OF»riCX. Inhabitaati em- powerd ta vote Money. at he n.,d Meetings cannot be compleated on the faid Days t AffelTment within Twenty Z.lT.. Tv T '"^ '"*''" '^^ ^^'^ everv P^rfnn f^ \c ^ ^ *^'"' '***"■ Appointment, each and every Perfonfo refufing or negleding. fttll be fubieft to a F.l f fon^fcll U obliged ,0 fcrve as„ Aff.llbr oft„„ ,k„ .„„ ;„ ,J^ and maintain the Poor • and ,T fJ,. c r , ! ""^ '° Tupport .he raid ini.abi„„„rr; "1 ; , "M.lTt?'''r '' '■"'"""' IV. Provided, That if any Perfon fhall think- »,;K,fi.if weal forR.4„f..„ .h.L.G^i^S^./T/f^r./l'Jc T ° juagment fhall be final and bind all Partict hi. or their NcgleTo 'rI. 1 ,° ' ""'' ^'^ "«'«''• "«' "?»« poo;f»tKcTLf t "/a, VlZT?? "" °''*- "'*• Majefty. Court, of R„l7Sr.:°'lC::t""''°"- '"""'"''■■' lings, andif upon hilotttir let™ „!r'V5'fr°ff>'''' S""" Fi,. Pound, fo, ,„„ f^ N„S ^l ''"' ""^ W "" S™ of of .he Foot in .„y of his M.j Jyfctum 'J^^IT^^''' '^ "'""^ S^'^"" ° ° VII. ^»rf i Appetl tllowci to the ScflioBi. I; CoIlc4«rs to ae- count to tkeOver- feeri. CoHeftor rcfofing to ferre to jpay I40. ^iV, x.;>>. /limo Tertio Rfgis GEORcir. III. Cat. IV 176J. Ih4 Overfcers to Ac- court in Oiich to ;he Scflioni. Net;le£lin| their Duty capiy ;l. Five Poundi. Perfons incapible of paying not to be taxed , Inhabitants Ne{. leAiog to meet. The Seffions may amerce the Town- Ihip. y.Gti, i.Ci. J. S. Gt». 3. Cb. f. 9.Gt0.i.Ch.i.iStfi. «•. Gt». 3. CIt. 2. t». Gti. 3. Ck 6. t6. Gtt. j.Cli. I. 17. Cm. 3. Cb.i. VII. y4>tei he it alfo Ena^fti, That the Overfcers of the Poor of each Townfliip refpcftivdy ihall difpofc of the Monies voted and received for the Purpofcs aforementioned only, and ftiall account on Oath if required before the General Sefioin of the P^ace held next after the Ex piration of their Office for all Monies raifed and difburfed by them for the Support of the Poor and (hall enter their Prooceedings in a Book to be kept for that Purpofe, and at the Expiration of their Office fhall deliver the fame to their Succeflbrs •, and if the faid Ovcerfeers do not for the future within one Month after the Expiration of their Office Ihall render an Account to the Clerk of the Peace of the County in which they refide to be by himlaid before the faid JufticesoftheSeflions of all Monies fo difburfed as aforefaid, they fliall on Complaint of faid Clerk of the Peace, or of one or more Inhabitants forfeit and pay the Sum of Five Ponnds, to be levied by Warrant of Two of his Majcfty's J-'ftices of the Peace for the Ufc of the Poor. VIII. Jnd bf it further Butted, That no Pcrfon Ihall be aflcfled any Thing towards the Suppert of the Poor unlcfs in the Opinion of the Aflcnbrs he fhall be able to pay the Sum of one Shilling at lead annually. IX. And be it alfo Enact edy That in all Cafes where the Inhabi- tants of any Townfhip fhall negleft to meet and vote fuch Sums as may be ncceflary for the Support of their Poor, the Juftices at their Special Seffions of the Peace, ftiall on the Application of the Overfcers of the Poor, amerce fuch Townfhip in fuch Sum or Sums of Money, as they Ihall think requifite for that Purpofe, and they {hall alfo at fuch Seffions appoint five Freeholders, (three of which to be a Quorum) to afTefs the Sum fo amerced on the In* habitants, which Affitflment fo made, fhall be affixed in feme pub- lick Place in fuch Town(hip at leaft Three Days before the End of the fame Seffions, that any of the Inhabitants fo afTeflcd, may if they fee caufe appeal therefrom, and that the Juftices may dtermine thereon the fame Seffions. "Which Sum fo amerced Ihall be levied, paid and applied for the Support of the Poor of fuch Townffiip, and if the Afleflbrs fo appointed fhall refufe or negleft to ferve in faid Office, they (hall be fubjeft to a Fine of Forty Shillings each, for the life of the Poor to be levied by Warrant of Diftrefs and S»le, and others A\all be appointed in their Room. At IV. n(^s- 1764. ^nm Quarto Regis Gboroii III. Cai-. I, U7' \c Poor of each :cd and received }unt on Oath if Kt after the Ex fed by them for lings in a Boole iof their Office d Oveerfeers do piration of their of the County in :esoftheSeflion!» I Complaint of forfeit and pay of Two of his Poor. (hall be aflcflcd in the Opinion sf one Shilling ere the Inhabi- irote fuch Sum* •r, the Jufticei Application of in fuch Sum or It Purpofe, and Iders, (three of ccd on the In- d in feme pub- before the End afTeflcd, may if 1 may dtermine (hall be levied, fuch Townfliip, left to ferve in Shillings each, >f Diftrefs and At the General Assembly of the Province ot Nova Scoua begun and hoJden at Ha- £n7T.t" ^'t ^^y-^^ly^ ^nno Do- mm ,761, ,nthe Fuji r.«.of the Reign ot Uur Sovereign Lord GEORGE the lam KING, Defender of the Faith &c and there continued by feveral Proroga- tions until theTwenty SecondDay ofAfW, 1 764, >n the Fourth Year of His faid Ma- Itid'^trotitr'^^^'"'^ '^""^^"^^ '■" C A P. I. An ACT for amending Defedls ill Pkas. Procefles and Records. «r in any Addition, SuMrfi^r "^'f,' '^""'•'""l. " '""*""'■ .=rs. Syllable, or T.I„f:::*H;,„ rTT" "' Z'"'' ^«- b= rcverftdor annulled bu.Th, T T' "°,-''"'«"'=« " R«ord ftdl fucl> Record, and P oceft M^ ? ^"° ^r"' '^'■"' """"^ .orncy. Wr,. Panel., or Re.ur„,\T 4t?„d\h^r CI "l^ td to be Mifprifio" of h f n i 'J"? '" "^'' ^"■"«'™ '■«'"«'' Pl«. Warr'a:f:;l,t:ey' w:;,'"pt,''7«' '"°"''"' ^''"'• P=al,, I„diamen«, of Wol and pin ?'"k' ""•" ^P" Exg.SM.S.H.t, e. 12. Sea. I. a. No Judgment, tie. to be reverfed for any Writ razed or interlined. The Judges may amend all Defe£li. which are Mifpri-. fion of their Clerk, Except Appeals, kc. •}• I. But. Air. CI, p. 95. Lit. C. At n. yf;;.-^ .'■*«■ ..«.aj IMAGE EVALUATION TEST TARGET (MT-S) fe 4. ^. ^n ^ 1.0 I.I 1.25 u EM 1^ 1^ 12.0 2.2 1= U ill 1.6 V] <^ ■^ 1^'^^ /i ^ ^'^ ^^ >'#• >> 0'>^' Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ■•\ ^ iV 'i*.^ o"^ % f/i i7f' si ! 148. • E::g. Slat. 5. GfJ. 1- <■. 13. Writs of Error va- rying from tlie Re- cord mif be amended. t F.ng.Stat. tt.EIiz. t. 14. 16.& 17. Car. 2. caf. t. I . yeitt, :oo. 5. (rM. I. f. I J. After Verdift bo Judgment (hall be Itaycd, &c. lor any Defeft in any Bill, Jcc. yinH9 ^i/irlo Regis Georgii IIL Cap. IL 1764. II. And he it further EnnSltdt hy the Authority af ore/aid. That * all Writs of £rror. Appeals from Judgments in any AAion. Real, Per- fonal, or Mixt, according to the Courfc of Proceedings in this Pro- vince, wherein there (hall be any Variance from the Original R.cord, or other Pefe**, may and fliall be amended and made agreeable to fach Record, by the Courts where fuch Writ or Writs of Error, or fuch Appeals /hall be returnable J •, and that where any Vcrdid ftiall be given in *ny Aftion, Suit, Bill, Plaint or Demand, in any of His Majcfty's Courti of Record, within this Province, the Jndg- ment thereupon fhall not b« ftayed or reverfed for any Defed or F»uU cither «i» Form or Snbftance, in any Bill, Writ Original or Judicial, or for any Varianct in fuch Writs from the Declaration or other Proceedings. Not w extend to III. Provided neverthelefs. That notliing in this Aft contained, (hall Appeals of Felony. «,(tend. Or be conftrucd to extend, to any Appeal of Felony or Mur- der, or to any Procefs upot. any Indiftment, Prefentmcnt, or In- formation, of or for any Offence or Mifdemeanor whatfoerer. l«f . StM. i. U 9 mU.t. rll. SmI.6. I. W*. js». Plainti/For Defen* ilaat dyiag bffere final Judgment, AttbaoMtotiMlc. tfilt.i.c.ti. SiS. J. CAP. IL An ACT for preventing Abatement and Difcon- tinuance of Suits. ^)J()(()J(^ E it Enabled by the Lieutenant Governor, Council and Af- %. B ^ y^wi^y, That in all Adtions to be commenced in any ))( ^ Court of Record, from and after the Firfi Day of June- ^'^%yikyi next enfuing, if any Plaintiff happen to die after an in- terlpcutory Judgment and before a final Judgment obtained there- in, the faid Aftion fhall not a'oate by Reafon thereof, if fuch Action might be originally profecuted, or maintained by the Executors or Adminiftratprs of fuch Plaintiff, and if the Defendant die after fuch interlocutory Judgment and before final Judgment therein obtained the faid Adtion fhall not abate, if fuch Aftion might be originally profecuted, or maintained againft the Executors or Adminiflrators of fuch Defendant \ and fuch Court is hereby impowered to try the iUd Aftipn, and to determine and gire Judgment thereon, in the fame Manner as if the faid Suit had been commenced by, or againft fiicH Executors or Adminiftrators, as in Right of their Teftators or IntcfVates. II. And bt it further Enaifed^ by the Authority aforefaid. That if thsrc be two or more Plaintiffs, or Defendants, and one or more ef them fhould die, if the Caufe of fuch Aftion, ftiall furvive tc th« furviving Piantiff or Plantiffs, or againft the furviving Defendant or Defendants, the Writer AiStion (hall not be thereby abated but 1764. ifaid. That ♦ all :ion. Real, Per- ngs in this Pro- original Record, ide agreeable to Writs of Error, iCre any VcrdiA Demand, in any nncc, the Jndg- ' any DefcA or hit Original or the Declaration t contained, (hall 'elony or Mur- fentmcnt, or In- tfoerer. ,nd Difcon- , Council and Aj- imenced in any 'irft Day of June die after an in- obtained there- if fuch Action Kc Executors or t die after fuch :hcrein obtained lit be originally Adminiftrators rered to try the thereon, in the :d by, oragainft their Teftators rtfaidj That if id one or more 11 furvive tc the ring Defendant thereby abated but nmtm^ir-^;^. 1765. Anno Ghiinto Regis Georcii III. C/p. II. 14 9- Aflionmijr proceed Botwithfttnding the Death of one of the Pirtiei. Eng.Sut.i-j.Car.z, e. i. Sta. I . Death of eiiher Party between VerdiAand Judg- ment. Eaf.Stat.ij.Ctr.z. c. 8. Sta. 2. Judgment obtained by an Executor. but fuch Death being fuggefted upon the Record, the Aftion /ball proceed at the Suit of the furvivinir PUmtiff « pi '"! '^""'" "'»" furviving Defendant or DeCZ " '^'*"^'*'''' "^-nft the III. And be it furtlnr Ena^ed, That In all AM^r,, d /• . j Real or Mixt. the Death of either Party b wefn the V h"^ ^ the Judgment fhall not hereafter be alledo^H I p f ""^ Judgment be entered within Twll^rattcf V^ii'^^^'"^' IV And be it further Ef,a£Icd, by the Authority aforefaid That wl,. Ju«ie« ofAfflre, Goal Delivery ld„fZf "''.''"' '^''' °™ At the Genera., Assembly- of the Pro- ^mceofNova&oUh. begun and holden at ^y^«x, on the Tj„,^E,gU Day of ^«y, TL r"' '765. in the Fith Yea; GEo/cTthf ?h- d'^^TT ^Z'' CAP. I. mmmmmmm ■it ' 150- Preamble. Grand Jorjr at the tirll General Quar- urSeflions Annual, ly to nominate, and the Court to aj). point. Surveyori of Lines and Bounds, and Overfeeri of the Poor, Town Clerk, Conftables, Fenee Viewerj, Clerk of the Mir- kat, Pound Keeper!, CulleriandSurvey- ora of Fifti, Survejrera of I.um> ber, Sealert of Leather, Gaugeri of Ca&t,' Hogreaves, 17. Cit. 3. Ci. I. jiiwo ^hiiiito Re^is Gzoinii III. Cap. I. 1765. G A P. I. An ACT for the Choice of Town Officers and regu- lating of Townfhips. ;^;!»3»<*; HE RE AS the Mtthod of Hominating tberefpeBive Tcmi Of- ^ ^ ^' f <■'«''! herein after mentioned by the Grand Jurors for tbefevcral ^5*. Counties f as dire^ed by the Laws of this Province, is found inconvenient ; Be it EnaSfed by the Governor, Council, and Af- femblys That the Grand Juries for the Tcveral Counties in this Pro- vince» ax. xYit CoMxtoi Gentral Seffions of the Peace for zit-h County rc- fpcdtively, next cnfuing the Publication of this Aft, and thereafter annually at the Firft Seffwns of the faid Court, (hall nominate out of every Townftiip in the faid County, Ten fit Pcrfons, out of vhom the faid Court (hall appoint Five to be Survryors of Lines and Bounds of each refpeftivc Townfliip, who are hereby impowered to furvey examine, and afccrtain the Lines and Bounds of their faid refpedtive Townfhips, agreeable to the feveral Grants thereof, and who (hall alfo be Overfecrs of the Poor of the faid Townlhip ; and at the fame Time the faid Grand Jury fhall in like Manner nominate two Perfons, one of whom the Court fhall appoint to be Town Clerk of the faid Town, who fhall be fworn truly to enter and record all fuch Matters and Things, as fhall relate to the faid Townfhip, and fhall appertain to his Office i and fhall alfo nominate Four or more Conflables, of whom .the Court fhall appoint Two or more as they fhall fee convenient to be Conflables in the faid Townfhip -, and alfo fhall nominate Four Fence Viewers,of whom the faid Court fhall appoint Two to be Fence View- ers in the faid Townfhip •, and alfo fhall nominate Two Clerks of the Market, of whom the faid Court fhall appoint One to be Clerk of the Market in faid Townfhip ; and fhall alfo nominate Four Pound Kee- pers, of whom the faid Court fhall appoint a fufficient Number in their Difcretion to be Pound Keepers in the faid Townfhip ; and fhall alfo nominate Four or more Cullers and Sur\'eyors of Fifh, of whom the faid Court fhall appoint a fufficient number in their Difcretion to be Cullers and Surveyors of Fifh in the faid Townfhip : and fhall alfo nominate Four Surveyors of Lumber and Cord Wood, of whom the faid Court fhall appoint two to be Surveyors of Lumber and Cord Wood in the faid Townfhip ; and fhall alfo nominate Two Sealers of Leither, of whom the faid Court fhall appoint one to be Sealer of Lea ■ ther in the faid Townfhip ; and fhall alfo nominate Four Gaugera of Cafks, of whom the faid Court fhall appoint Two to be Gaugers of Cafks in the faid Townfhip •, and fhall alfo nominate Four Hogreaves, of whom the faid Court fhall appoint Two to be Hogreaves in the faid Townfhip. And fhall alfo nominate Six ft Perfons out of which tl.t Court Jhall appoint three to beAffeffors of all fuchRates and Taxes as are now payable or which may hereafter be payable by any AH or AHs of the General AJJtm- 1765. s and regu- peSiive toivn Of- ors for tbefevcrnl Province, is found Council^ and Jf- ties in this Pro- :ach County rc- and thereafter lOminate out of , out of v'hom ines and Bounds vcred to furvey r faid refpedlive id who (hall alfo t the fame Time 'o Perfons, one the faid Town, ich Matters and all appertain to tables, of whom convenient to be late Four Fence be Fence Vjew- vo Clerks of the be Clerk of the >ur Pound Kec- tnt Number in ifhip ; and fhall Fi/h, of whom if Difcretion to : and Hiall alfo I, of whom the nber and Cord Two Sealers of le Sealer of Lea ■ our Gaugcro of J be Gaugers of cur Hogreavcs, •greaves in the ut of which th.t Taxes as are now ^s of ike General AJJtm- Perfons refufing to lecept, or being tuUtjrof Negleftor MiHehaviour, to ferfeit 40J. for the ufe of the Poor, in Cafe»f Abfence &c. otheritobeap- fointed by two uiiice!<. 1765- ^nm Chdnto Regis GtoRcii III. Cap. I. Jlfcmhly of this Province and Four Perfins cut of^^hich the Court /hall a, z^:i' ?f r;/^^^-^- -^^--« each r:^^z rsfrHai^ It ' p-//-//.//.y«/ rv.0 to lcSurveyorsLiVei,b. fat fufSZt Tf^-T.""^'" "^^'^ refpedlively be fwom to L he r ^'?"e' °^^' "'^ ^'''y '" Manner as is already prefcribed by ftidLaws an'd "'i""' "' ''^" '" -"/ -''pc^ -form to the faid Laws, and upon their, or any of their Refufal to accept or beina gu Ity of any Negle^. or Misbehaviour in the ExecutiZ 'th cTt^ Poor of the faid Townfh.p. the Sum of Forty Shillings for every fuch Refufal Negleft, or Miftehaviour , to be recovered upon P oof of ^ch Refufal Negledl or Mifbehaviour. by the Oath of one Oedib^e Witnefs, before any Two of His Majerty«s Jufticesofthe Peace fo n a ? '^/c f "" ^""'^ ^°^"^'P ""• *° »"= I^^'^d by Warrant of Diftrefs and Sale of the Offender's Goods and Chattels, any Law. Ufuage, or Cuftom to the contrary notwithftanding : And if anv Per- fon fo nominated and chofen, fhall leave the Province, ' change the lownofhisRefidence, or happen to die within the Period, for'wh ch he was nominated and appointed to fervc in any of the >• a Offices, in L 11 ant Z' "° "' ''' ^f "^'^ J"'''"* °^^'^' P"« ^- ^he Couit^ ihalUnd may nominate and appoint a fit Perfon or Perfons. to ferve m fuch vacant Office, until another /hall be nominated by the Grand Jury, and appointed by the faid Court of General S^ons, a't their Mee ting next enfuing fuch Vacancy. . >= ^ncir mce- ^^^'a'L^T ^' ^^- '• ^'^- 2- ^'" Ena^'^l^ That the Survcv- Z a^l ^^'f "?{«^)^' ^""bcpaidforthei; Trouble in vTew'- Weil rjf "^ p ''' "' '^' ^'"= °^ °"« P«""y f'^ H""dred cee?. M , ^J"" ^"* ^"^ '^•■*^^'' 'f ''"^h Trare! fhall ex- ceed one Mile, to be paid by the Seller. tend* o^be'tl^^T' '^^"' T*"^'"^ '" *''^ ^* '^"^'^'^^^ «^»» «*- herelfteK ", . "'"""^ '"^ "^'»''^ any Privileges that may Not to extend to hereafter be granted, by any Charter of Incorno«f;«« ♦ "•«">»/ ,„y Town, th.t or Towns within this Province ^""'•P^^'on. to any Town -/pbej;«;caft« TZntTcfr'J.aV ;"^'f Boundary Line, of each and every fl. Hnd Townffit "f ^ 't" ^""""' ^'^^ ^' '"" ^^^'^ Town' on';hTkfrM:X::M^^^^^^^^^^^ ''"" '%t^- ^-^ -- appointed for the rlf^^Z^lt^^Z^^^^^^^^^ the major Part of tliem .n,1 »»,- i> r 7 "'rcccea oy this Aft, or Tons ..pointed .s aforcfaid, refufing or ';egle«i„;^!tend /th^ PIsce »5i Allowance to th» Surveyors ijweigh. crs of hty. Boundary Line, to be run and Marki to be renewed oiicc in three Years. On Six Days No- tice, Siiryeyort i5i. Anno ^iinto Regis Grorcii III. Cap. I. 1765. n^glefting to at. 'end, forfeit 401. Place mentioned in fuch Notice, being duly fcrved therewith, fhall forfeit and pay the Sum of Forty Shillings each, to be recovered on Complaint before any Two of his Majcfty's Jufticos for the County where fuch Complaint fhall be made, and one Half of the Forfeiture ihall be paid to thcPerfon orPerfons who fhall complain and profecute for the fame, and the other Half to the Overfcers of the Poor, for the Ufe of the Poor of fuch Towns from whence the Complaint was made-, end whenever the Surveyors of any Townftiip, which fhall have had Notice as aforefaid, fliaU refufe or neglcft to attend the faid Bufincfs, the Surveyors who flxall have given fuch Notice fliall, and they arc hereby impowered to proceed in running and making fuch Line, which JHall be as effcftual as if the Surveyors of both Townfliips had joined. 'PrapNct^ri of Lands unfenced, or Common Field* once in Two Vein. on SixDiys Notice, tnrun thcLineiind keep up the BouH' dariei.or forfeit 201. Common Pleldt to be ordered, im- proved and fenced, as Hiall be agreed nn by the major fart of the F'roprie* tors. Perfons refufing ta fence their Propor> tion, to pay double the Coll for the fame, to be done by the Fence Vieweri. IV. AnMe it fnrtba- EnaUcdy That each and every Proprietor of Lands laying unfenced, or in any Common Field, fliall once in Two Years on Six Days Notice given him, his AgenQ or Attorney, by the next Proprietor or Proprietors adjoining, run the Lines, make and keep up the Boundaries of fuch Lands or Common Fiel.', by Stones or other fufBcicnt Marks, and every Party fo negletfting or refufing, ihall forfeit the Sum of Twenty Shillings, one Half of which fhall be to the Party complaining, and the other Hilf to the Overfeers of the Poor for the Ufe of the Poor of faid Townfhip, and to be heard and determined before any One of his Majefty's Juftices of the Peace within the fame County-, and the Proprietors of any Field held in Common, whether divided or undivided, fhall, and they are hereby impowered to, order, improve and fence, in fuch Way or Manner as fliall be concluded and agreed uport by the major Part of the intereftcd therein ; the Voices to be collefted and accounted according to their refpctaivc Interefls j and if any Perfon fhall refufe to make, keep up, f>'-.port, tnd maintain hi« qutta Part or Proportion of fuch Fence fo ag i on to be made, and fliall on Notice given him for that Purpofe by any one of the Proprietors concerned with him in the faid Common Field, ncgleft the fame for the Space of Thirty Days, the Fence Viewer fliall, on Application being made tf him, make and itt up the deficient Fence, or repair any Fence already made, if in his Judgment the fame is infuflicieat, and the Perfon or Perfons, that of Right ought to build and mamtaii. the fame, fliall pay double the Cofts and Charges, ex- pended for the doing thereof, and inCafeof Refufal fuch Fence Viewer mvf recover tkc fiime before the Inferi$r Court of Common Pleas or be- fore One or Two Juftices according to the Value thereof-, and the faid Fence Viewer, fliall be allowed Three Shillings per Day for his own Trouble, and Time expended therein. V, And if any Perfon or Perfons fliall ncglcft or refufe to comply with any Regulation made by the Proprietors of any Common Field as ^p. I. 1765. 1764. yimo ^lar/o Regis Georgh III. Cap. II. therewith, fhall be recovered on for the County »f the Forfeiture » »nd profecute >f the Poor, for Complaint was which fhall have attend the faid otice /hall, and d making fuch both Townfliips y Proprietor of ill once in Two attorney, by the ines, make and iel.', by Stones ng or refufing, " which fhall be >vcrfcers of the 3 be heard and he Peace within Id In Comiflon, cby impowered ler as fhall be :crefled therein} their rcfpciftlvc p up, f''-'port, ce fci ag J on Purpofe by any Common Field, ce Viewer Ihall, ip the deficient gment the fame ought to build i Charges, ex- 1 Fence Viewer on Pleas or be- f i and the faid iy for his own Jud5.c^bc.„,„edwi,hi„7VoTe™, after thWrdia y And be it further Ena£led, That no Procefs or 9„;. K f Ji.ftices of Amze, Goal Deiiverv O.e,- .Jlr T ^^°''^ '"^ Peace or other Con,n,iflio I s |h^ , ul'l./^^""'"'-' ^'^'"^ "^^^^^ and publifhing of an^ ne; ColS i'S"' '' k'* ""''"^ theNamesoftheJ.V..of Afli. GoTl D^-^ n ^'^ ''^"'"S ner, Juft ices of Peace or other r ^ Delivery, O,..;- and r.m/. mav proceed as if ,l,e former Cmmillio s \1 Comm.inoncrs, had remained and eon.inned wiC Arr;,^ """'°"""''''°"«. At the General Assen.blv of the Province of M.«to,„ begun andholden a t^«! mm in6i, m the Firft Year of th ^f J u ' Defender of the Faith &c. and there continued hv fevp,-,! P gationsuntiltheTweift?D:rif'^^%°- of he^Thl !?J' "fS '^^ Sixth Seffion « 149- Aaionmayproccca notwithllanding ihc Death of one of the Parti'ji. E«g.Stat. I y. Cart. <:.8.S,a. 1. ^"th of cither Party be:iveen Vcrdittand Jude- ment. * %.i'/a/.l7.Car.,. <•• 8. Jf^?. 2. J»idgment ohtained t'yn Executor. ^"gSiat. I. if,/. 6, '•■. /• Sta. 6. ^•> Suit before J'^fticesfliallbcdif. cj'ntinued by a new ^-onuiiiilion. Fufc to comply Common Field a« CAP. I. ■Ml 150. a Anno Siuarto Regis Georgii III. Cap, I. »7C4. A M IH EHg.S/at.i2.Hi».S. t. 30. Sta. I . After an Iffue tried there ftiaJl bejudg- ment given not- W'ithftanding any Mifpleadirg, &c. EngStat.iz.U/n.S. t. 30. Sea. 2. When an Attorney ftall enter his War- ran tin Court. £«g. Stat. sS.EJix. e. 14. A>^ // further Ena£leS\i\, Hull not be ftjyeil lor want of Forniin I'leadirg. 152. a £'!■ Stat. 4. fiTj. '»»*. f. 16. Sta. I. faidta havt h*tH fiHid by tht Lord Somtri, Judgei (hall give judgment on De- niurrer&c. without '•garcling my De- fertin Wriii 4c, VidiEng. Stat. 37.£/(«!.f.5.5/a.i. Exception, Annt Quarto Regis Georcii III. Cap. I. 1764. ;ir la this Province, the Judges (hall proceed and give Judgment, ac cording as the very Right of the Cauft and Matter in Law Lll appear unto them, without regarding any Imperfedion. Omiflion, or Dcfed in any Wnt Return, Plaint, Declaration, or other Pieadmg, Procefs or Courfe of Proceeding whatfoever, except thofe only which the Par- ty demurring /hall fpecially and particularly fet down and cxprefs together with his Demurrer as Caufes of the Itmr, although fuch Im perfeftion, Omiflion, or Defed, be Matter of Subf^ance, fo as fufficient Matter appear in the faid Pleadings, upon which the Court may give Judgment, according to the very Right of the Cuufe, and therefore no Advantage or Exception fliall be takei. of, or for an immaterial Tra- verfe, or of or for the Default of entering Pledges upon any Bill or Declaration, or of or for the Default of alledging the bringing into Court any Bond, Bill, Indenture or other Dec4 whatfoever mentioned in the Declaration or other Pleading, or of or for the Default of ailed- ging the bringing into Court Letters leftamentary or Letters of Ad- miniftration, or of or for the Omiflion of iy Force ami Anm, and againjl the Peace, or either of them ; or of 01 for the want of Averment of This he is ready to verify, or of This he is ready to verify by Record, or of or for not alledging as it appears by the Record, (but the Court fliall give Judgment according to the very Right of the Caufe as aforefaid without regarding any fuch Imperfedions, Omifllons and Defers, or any other Matter of the like Nature, except the fame ftiall befpccial- ly and particularly fct down and ftiewn for Caufe of Demurrer.) Eng.Stat./^.l^f ^. JnK. c. 16. Sict. 2, JuJt;menc entered uponCQnfLlEnn.&c. not to be rcverled for iny Impertec- tion iiQ. ' VI. And be i! further EnaHed, That no Judgment entered upon Confefllon, Nibildicit, or No n f urn informatus, in any Court of Record fliall be revcrfed, nor any Judgment upon any Writ of Inquiry of Damages executed thereon, be ftaid or reverfed for or by Rijafon of any Imperfeftion, Omiflion, Defet?}, Matter or Thing whatfoever, which by force of this Adt would have been aided and cured as Jeofails^ in cafe a Verdid of Twelve Men hail been given in the faid Aflion or Suit, fo as there be an Original Writ or Bill, and Warrants of Attor- ney duly filed as by this A&. is direiftcd. i \: Eng.Stat.^. {^f c. VII. And be it further Enabled, That this Aft fliall extend in all Ann. e. 16. Sin.t^, Jeofails as aforefaid to all Suits in any Court of Record, for Recovery Adl to extend to all - i-»l' j-^i ti 1.1 -.tt- Suitj fur the King's of any Debt immediately owing, or any Revenue beJonguig to His Cebti, &c. Majefty, His Heirs or Succeflbrs. Eng. Slat, li.EIix. t. 14. Std. 2. ai. Jac. l.c, 13, its. 3. VIII. Provided ahvayt, and be it Enacted by the Authority aforefaid. That nothing in this Atft before contained, ftiall extend to any Writ, Declaration or Suit of Appeal of Felony or Murder, or to any Indidt- mentor Prefentment of Treafon, Felony, or Murdfer, or other Mat- ter, 1764. : Judgment, ac- Law (hall appear liflion, or Dcfeft leading, Proccfs i which the Par- wn and cxprefs hough fuch Im- e, fo as fufticient Court may give and therefore no immaterial Tra- ipon any Bill or he bringing into >ever mentioned Default of alled- Lettcrs of Ad. /' v/jf, and (igainjl if Averment of V t>y Record, or the Court (hall fe 33 aforcfaid nd Defers, or (hall befpccial- murier.) t entered upon 3urt of Record, of Inquiry of ir by Reafon of ig whatfoevcr, ired as Jeofails, : faid Aflion or rants of Attor- 1765- Anne ^htto Regis Georoii III. Cap. I. * »49. ter. or to any Procefs upon any of t.iem , or to any Writ, Bill. Ac- tion or Information upon any Penal Statute. . IX ^„d be a further EnaHed, That no Dilatory Plea (hall b« re t^^i7 "^ "^""'"^ ^"°^^' ""''^'■^ '"^^ i'""/ °ff-ing fuch Plea dT by A(fidav.t prove the Truth thereof, or (lie J fome pfobable Matt U^ h C urt to mduce them to bel.ve that the Fa., of fuch Dilatory 16. £if 17. Car. t, c- 8. Si^. a. 4. Wj. ^im.t. 16. Sta. 7. To what (hit Aft (hill not exiend. Eng.Slal 4. {jf. j; jIuh. c. 1 6 Sta. 1 1 . No Dilitorv V\t* 10 bo received unlefi on Affidavit. At the General Assembly of the Pro^ vince oiNovA Scotia, begun and holden at Halifax, on the Twenty Eight Day of 7% ^nno Domini iy6^, in the Fifth Year GEORGE the Third, of Great Britain, trance ^nA Ireland, KING, Defender of the Kith, &c. being the Fir/l SefTion of the Fourth General Jffemhly convened in the laid Province. 1 extend in all , for Recovery longing to His hority aforefaidy I to any Writ, to any Indid- E>r other Mat< ter. CAP. I, An ACT for the Choice of To wn Officers and regu- iatmg of Townfliips. 1 t Counties, as dire^ed b. th. r 7, <1 ' ^'"' '*' /^'""^ I50. * Grind Jurjr it the fitll Genfril Qiiir. ter Se (Cons Annual- ly to nominiic.tod the Court to ip- point. Surveyorinf Lines and Bounds, mil Overl'eeri ol the Poor. Town Clcfk. Conftiblei. Fence Viewers, Clerk of the Mir- ket, Poand Keepers, Cullers ind Survey- or! uf Fifli, Surveyor) of Lum- ber, Sellers ofLeither, 76j fmbly. That the Grand Juries for the fevcral Counties in this Pro- vince. at the Court of G.«rr^/ Hcjjhns of tl^e Peac, for each County re- fpeftivcly, next cnfuing the Publication of this Aft, and thereafter annually at the Firft 6V//',„„ of the faid Court, fhall nominate out of every Townfhip in the faid County, Ten fit Perfons, out of whom the faid Court fhaii appoint Five to be Surveyors of Lines and Bounds of each refpeftive Townfliip, who are herc-hy impowered to furvey examine, and afcertain the Lines and Bounds of their faid refpedive Townlhips, agreeable to the feverai Grants thtreof, and who fhall alfo be Overfeers of the Poor of the faid Townfiiip j and at the fame Time the faid Grand Jury fliall in like Manner non.inate two Perfons, one of whom the Court fl.ill appoint to be Town Clerk of the faid Town who Ihall be fworn truly to enter and record all fuch Matters and Things, as fhall relate to the f.iid Townfiiip, and fhall appertain to his Office i and fhall alfo nominate pour or nxirc Conftables, of whom the Court /hall appoint Two or more as they flinii fee convenient to be Conflables in the faid Townfhip ; and alfo fhall nominate Four Frncc Viewers, of whom the faid Court fhail appoint Two to be Fen>.e View- ers in the faid Townlhips and alfo fhall nominate Tao Clerks of the Market, of whom the faid Court fhall appoint One to be Clerk of the Market in faid Townfhip j and fhall alfo nominate Four Pound Kee- pers, of whom the faid Court fhall appoint a fufficient Number in their Difcretion to be Pound Keepers in the faid Townfhip-, and fhall alfo nominate Four or more Cidlers and Surveyors of Fifh, of whom the faid Court fhall appoint a fufiicicnt number in their Difcretion to be Cullers and Surveyors of Fiih in the (aid Townfhip : and fhall alfo nominate Four Surveyors of Lumber and Cord Wood, of whom the faid Court fhall appoint twj to be Surveyors of Lumber and Cord Wood in the .'aid Townfhip i and fhall alfo non\inate Two Sutlers of Leather, of whom the faid Court fhall appoint one to be Sealer of Leather in the faid Townfhip •, and fhall alfo nominate Four Gaugers of Cafks, of whom the faid Court fhill appoint Tv/o to be Gaugers of C«ikR in the faid Townfhip-, and fhall alfo nominate Four Ho^reaves, of whom the faid Court fhall appoint Two to be Hogreaves in the faid Townfhip. And Jhall alfo nominate Six fit Perfons out of which the Court fhall appoint three to be AJfeJfors of all fuch Rates and Taxes as are nowpayabU, or which may hereafter be payable by anyAilorA&s of the General Afftmbly of this Province^ and Four Perfons out of which the Court fhall ap- point Two to be ColleHors of all Rates and Taxes in each Townfljip and Four Perfons, out of which the Court fJjall appvint Twn to be Surveyors and IVeigh- ers of Hay in each Townfhip; Who (hall refped^ively be fworn to the faithful Difchargc of their Duty in Manner as is already prefcribed by the Laws of this Province, and fliall in every refpedt conform to the .faid Laws, and upon their, or any of their Refufal to accept, or being guilty IHMBmLi.. I. 1765. 1765. Mno iihtinh Regis Georcii III. Cap. I. OS in this Pro- ich County re- and thereafter oniinate out of Jt of whom the es and Boundi ered to furvey Taid rcfpedive i who fhall alfo the fame Time o I'erfons, one the faid Town, li Matters and II appertain to ibles, of whom Jiivcnient to be tc Four Frncc 3C Fen^e View- ) Clerks of the ^e Clerk of the r Pound Kec- eiit Number in >iipi and (hall Fifh, of whom r Difcrction to and fliall alfo of whom the iber and Cord 'wo Sellers of to he Sealer of »ur Gaugers of be Gaugers of ur Hogreaves, jreaves in the // of which the d Taxes as are 's of the General Court Jhall ap- nfljip and Four ors and fVeigb- '. fworn to the prefcribed by onform to the :ept, or being guilty guilty of any Ncgleif*, or Mifbchaviour in the Kxecution of the Duty of their rcfpedlivc offices, they (hall forfeit and pay for the Ufeof the Poor of the faid Townfhip, the Sum of Forty Shillings for every fuch Rcfufal, Negleft, or Misbehaviour i to be recovered upon Proof of fuch Refufal, Neglc-a or Midichaviour, b; the Oath of one Credible Witncfs, before any Two of His Majefty's Jufticcs of the Peace for the County wherei.i fuch Townfhip lies, to be levied by Warrant of D.ftrefs and Sale of the O/Fcndcr's Goods and Chattels, any Law, Ulage, or Cuftom to the contrary notnithftanding : And if any Per- son fo nominated and chofen, fliall leave the Province, change the Town of his Rcfidcnec, or happen to die within the Period, for which he was nominated and appointed to ferve in any of the faid Offices in fuch Cafe any Two of his Majefty's Juftices of the Peace for the County, /hall and may nominate and appoint a fit Perfon or Perfons, to ferve in fgch vacant Office, unti! another fliall be nominated by the Grand Jury, and appointed by the faid Court ofQeneral Scjfions, at their Meet- ing next enfuing fuch Vacancy. II. 17. Geo. 3. Cb. I. Sea. 2. // is Enabled, That the Survey, ors and Weighers of Hay, flull be paid for their Trouble in view .ng and we.ghmg Hay, at the Rate of one Penny per Hundred Weight, and four Pence per Mil- Travel, iffucHTravd fliall ex ,ceed oae Mile, to be paid by the Seller. i> 151. Perfons refufing to acccpe, or being vuiliyof Negle^lor Milhehivioiir, 10 forfeit 40». for lh« ulcof the Poor, in Cifcof Abfence, ice. oihers to help, pointfd liy iwu Jullices. Allowance to the Surveyors & weigh, er» of hay.' III. Prcvided alwavs; That nothing in this Aft contained fiiall ex Not te e;(tcnd 10 rrtf^.h' '^""'^"f J^^^-'i^o -ftrain any Privileges that may X^^^^^r hereafter be granted, by any Charter of Incorporation, to any Town 'ncoV»ted. or 1 owns within this Province. ». J';r ^^^'/'ii Z ^'^"'"''"S thefeverairownjhips in this Province, fie tt E.na5led,'^^^t the original Boundary Lines of each and every Townfli.por Dtftr.ft within this Province, fliall be run betwixt Town- flijp and Townfli.p, and Marks renewed once in Three Years vi- 1" ' f f,^°"^^y;" "^'•r^h, by the Surveyors of Lines and BounJs appointed for the refpeftive Townftiips, as direded by this Ad, or ve Townffi-n T' T'^-^'' ''"^"" ^° ^PP°'"^''^ ^^^ "^^ refpec tivc Townfhip are hereby impowcred and direded to give Six Days ^ 'Vi? "^"/r "^P°'""^' '^^ '""^ ^'^J^-'^ Town'fliips. of h' Time and Place of Meetmg for fuch Survey, and any Perfon or Per- fons appointed as aforefaid, refufing or negleding to attend at the ^lacc mentioned m fuch Notice, being duly fervcd therewith, fliall forfeit Boundary Line, to he run and Mark'; to be rene*ccl once in three Vcars. Ob Six Days No- tice, Surveyor.' rejLlefting to at- tend, forfeit 401. i. k'' ! I 152. b Proprietors of Lmds unfcnced, or Common Fields or.ce i n Two Ycarj, on Sir Days Notice, toruntlie Lines and keep up the Boun- darics.orl'orleitzos. Common Fields to he ordered, im- proved and fenced, as ft J II be agreed on by the major I'art of the Proprie- tors. Pcrfons rcfufing to fence their Prjpor tion, to pay doubje the Coll fJr the UmQ, to be done by the Fence Vietvers. /inno ^into Regis Georcii III. Cap. I, 1765. forfeit and pay the Sum of Forty Shillings each, to be recovered on Complaint before any Two of his Majefty's J' .ices for the County where fuch Complaint (hall be made, and one Half of the Forfeiture fhall be paid to the Pcrfon or Perfons who fliall complain and profecute for the fame, and the other Half to the Overfeers of the Poor, fof theUfeofthe Poor of fuch Towns from whence, the Complaint was made; and whenever the Surveyors of any Townfliip, which fliall have had Notice as aforefaid, /hall refufc or neglert to attend the faid Bufinefs, the Surveyors who fhall have given fuch Notice fliall, and they are hereby impowered to proceed in running and making fuch Line, which fliall be as cffeilual as if the Surveyors of both Townfliips had joined, V. And be it further Snaked, That each and every Proprietor of Lands hy'ng unfenced, or in any Common Field, fliall once in Two Years on Six Days Notice given him, his Agent, or Attorney, by the next Proprietor or Proprietois adjoining, run the Lines, make an4 keep up the Boundaries of fuch Lands or Common Field, by Stones or other fufficient Marks, and every Party fo negleding or refufing, fhall forfeit the Sum of Twenty Shillings, one Half of which fliall be paid to the Party complaining, and the other H-ilf to the Overfeers of the Poor for the Ufc of the Poor of fdid Townfliip, and to be heard and determined before any One of his Majelly's Juflices of the Peace within the fame County ; and the Proprietors of any Field held in Common whether divided or undivided, fliall, and they are hereby impowered to order, improve and fence, in futh Way or Manner as fliall be concluded and agreed upon by the major Part of the intersfted therein- the Voices to be colleded and accounted according to their refpetflive Interefts ; and if any Perfon fliall rcfufe to make, keep up, fupport, and maintain his guola Part or Proportion of fuch Fence fo agreed on to be made, and fliall on Notice given him for that Purpofe by any one of the Proprietors concerned with him in the faid Common Field, negledt the fame for the Space of Thirty Days, the Fence Viewer fliall on Application being made to him, make and fet up the deficient Fence, or repair any Fence already made, if in his judgment the fame is infufficient, and the Perfon or Perfons, that of Right ought to build and maintain the fame, fliall pay double the Cofts and Charges, ex- pended for the doing thereof, and in Cafe of Refufal fuch Fence Viewer may recover the fame before the Inferior Court of Common Plea; or be- fore One or Two Jufl:ices according to the Value thereof; and the faid Fence Viewer, fliall be allowed Three Shillings /)^r Day for his owi) Trouble, and Time expended therein. VI. And if any Perfon or Perfons fliall neglecJt or refufe to comply with any Regulation made by the Proprietors of any Common Field as 1765. «765- Anno Sluinto Regis Georgii III. Cap. II. 153- be recovered on for the County f the Forfeiture n and proftcutc f the Poor, fof Complaint was vhich fliall have attend the faid otice (hall, and id making fuch oth Townfliips y Proprietor of 1 once in Two torney, by the nes, make and :ld, by Stones ng or refufing, ichfhallbepaid verfeers of the be heard and le Peace within d in Common, by impowcrcd icr as fhall be rsfted therein; leir refpedive • up, fupporf, e fo agreed on irpofe by any ommon Field, : Viewer fhall^ the deficient Tient the fame ughtto build Charges, ex- Fence Viewer Plea! or bc- ; and the faid y for his owi) fe to compJy ommon Field as as aforcfaid, which Regulation (hall be made annually, he or they fliall forfeit and pay the Sum of Ten Shillings, for the Ufe of the Poor of the Town where fuch Common Field fliall lie •, to be recovered by the Oath of One credible Witnefs before any One of his Majefty's Juftices of the Peace for the County wherein fuch Lands are, to be levied by Piftrcfs and Sale of the Offender's Goods and Chattels, and fliall more- over make Satisfaftior* fo: all Damages that may hare arifcn by fuch Neglcdk or Rcfufal. yi. And fVbereas :nany Inconvenkncies have ariftn for want of Cattle being branded or otbenvays marked, that run iu Common, Be it Enailedt That all and every Owner of any Horfe or Horfes, Neat Cattle, Sheep or Swine, fliall brand or otherways mark fuch Horfc or Horfcs, Neat Cattle, Sheep or Swine, in fuch Manner as that the fame may be clearly known ; and fliall enter fuch Mark or Brand with the Town Clerk, in a Book to be kept by him for that Purpofe, and the faid Town Clerk fliall receive for Recording the faid Mark or Brand the Sum of Six Pence. CAP. II. An ACT to enable the Inhabitants in the feveral Townfhips in this Province, f Halifax excepted) to caule any abfent Proprietor of Lands within the fame to pay a Dividend or Proportion of any County or Town Charge to be affefled accord- ing to Law, and to bear their juft Proportion in repairing Highways, Roads, and Bridges within the faid Townfhips refpedively. ^''S^t^:? H ERE' AS there are many Non reftdent Proprietors of % IV ^ ^'''"^^ '^'^^'" '^" Province, wlofe Lrnds are enhanced in !$ % their Value by the Labour ofthofe who are preftnt, and the ^'^■M**'^ Burthen of the necejfary County and to-jun Charges being heavy on the reftdent Proprietors i Be it EnaiJed by the Governor, Council and Afemblyt That each and every Non refident Proprietor or Praprie- tors of Lands in any Townfliip within this Province, (the Town- fliip of Halifax excepted) fliall pay or caufc to be paid, his, her, or their juft dividend or Proportion of all County and Town Charges' hereafter to be aflefled in fuch County and Townfliip, and upon failure thereof the fame to be recovered as dirc<5led by the Laws impowering fuch Afleflrncnt, and each and every Non refident Pro- prietor or Proprietors of Lands in any TowMfliip, fliaU be Qhllaid to do and perform his, her, or their Parts or Porportion of La- Q.q hour PerfoiH neglefting to romply with Re|ulation> mtde by Proprietor* of CommoD Fiddi, forfeit lot. Cittle to be branded. Preamble, Non refident Pro. prieton topaytheie Proportion «f all County «pd Town Charge*, I 1 1 ! u^ m 154. and for Labour on ike Highwrajri, on fiilurei one Suf- fice may let out I'uch Delinquent'] Lands for Payment tlieieof. Appeal to the Gtneral Stjiem. Anno ^linto Regis Georgii III. Cap. III. 1765. bour on the Highways-, Roads, and Bridges, within their refpcdlive Town/hips, or pay for the fame as delinquent Inhabitants arc by Law direfted. II. And he it alfo EnaHed, That if any Proprietor or Proprietors of Lands in any Townfhips as aforcfaid fhall be abfent, and no Pcrfon appearing in their Behalf, on public Notice being given in the Halifax Gazette, to pay his, her, or their Dividend or Propor- tion of any Aflcffment made in virtue of any Law of this Pro- vince, and to labour on the Highways, Roads and Bridges as afore- faid, and not having any Goods and Cha'.tles to anfwcr his, her or their Dividend or Proportion of any Charge made as aforcfaid, it fhall and may be lawful for any One of his Majefty's Juftices of the Peace, who are hereby impowcred, to let out any Part of fuch Delinquent's Lands, as may be fufficient to pay by the Produce of the fame, any fuch Dividend, Proporf t^ Charge fo due ; and in Cafe the Lands of fuch Abfentec, Iho^ 3t for the prefent, produce fufficient to pay the Quota of his, her, or their Proportion of fuch AflefTment, that then the Lands of fuch Delinquent fhall be held chargeable therewith . III. Provided always. That if any Proprietor or Proprietors of Lands, let out tad held as aforcfaid, (hall think himfelf or her- fdf aggrieved, by the Proceedings of any Juftice of the Peace, in letting out his, her or their Lands as aforcfaid, fuch Proprietor or Proprietors, by themfelvcs or their Attornies, may complain to the Juftices in their General Sejfions of the Peace for faid County, for Re- lief therein. Enl. SUt.^j.E/iz. Grand Juries it tke Court of JJ!zi or General $ffflni of tie Peace, to prefent annually a proper Perlon to be Coun- ty iVeafurer, to be approved and fwprnbjrthcC^art. CAP. III. An Ad for the railing Money by Prefentmcnt on the fcveral Counties in this Province, for the defraying certain County Charges therein mentioned. •J^^^^**-* E it EnaBed, by the Governor, Council, and AJemhly, That » ? from and after the Publication hereof, it fhall and may ]^ be lawful for the fcveral Grand Juries in each of the feve- l^^^jf^ ral Counties in this Province, cither at the Court of AJJize, or General SeJJions of the Peace held for fuch County, to prefent annu- ally a proper and fit Pcrfcn, one of the Freeholders of faid County, to be a Treafurer for faid County for the Year enfuing, and fuch Pcr- fon bcii\g approved of by the Court, fhall be fworn to the due Execu- tion of his Office, and Inverted with all the Powers and Trufts, as herein after dircdtcd. II. And II. 1765. 1765. Anno ^anto Regis Georcii III. Cap. Ill, 155. ;ir refpcdlive ants arc by Proprietors nt, and no ing given in '. or Propor- f this Pro- ves as afore- cr his, her as aforefaid, s Jufticcs of Part of fuch he Produce fo due ; and the prefent, Proportion nquent fliall oprietors of elf or her- e Peace, in roprietor or iplain to the ity, for Re- nt on the defraying i. tmblyy That II and may of the feve- irt of Jftze, refent annu- id County, d fuch Per- due Exccu- h, as herein II. Atid II. uind be it further Ena^ed^ That it Ihall and may be lawful for the feveral Grand Juries in each of the fevcral Counties within this Province, either at the Court of AJfize or General Sejfwns of the Pence held for fuch County, to make Prefentment, upon proper Reprefen- tatlons made thereon by three or more Freeholders of the faid County, or of their own Knowledge, of all fuch Sum and Sums of Money or Expences that may be found to have arifen, or that may be abfolute- ly neceflary to be raifed for the building or repairing a County Goal, or for the building or repairing a Court or Seflion Houfe, ereifting Stocks, Pillories, or Pounds, and providing Bolts and Shackles, as aHb for the conveying -j- of Perfons accufed of any Treafon or Fel ny, to the County Goal, being Three Miles diftance or upwards, fo as the fame do not exceed Six Pence per Mile ; as likewife for the fupport of poor Criminals in Goal. III. jind be it alfo further Enacted, That all Money fo raifed by Pre- fentment as aforefaid, and levied from off the Inhabitants of the feve- ral Counties, fliall be paid into the Hands of the Countv Treafurer, and fliall not be applied to any other Ufe than fuch for which the fame ■was raifed; and if any Perfon or Perfons who fliall be appointed in the faid trefentment and Order thereon, to be the Direftor or Dire- dors, Overfeer or Overfeers of the Work, or the Diftributor orDiftri- butors of the Money hereby raifed, for which fuch Prefentment was made, fliall not at the next General AJfizes or General Sefions of the County, or in a reafonable Time to be by them appointed, make ap- pear in his or their Account or Accounts, with good Vouchers, that the Money fo raifed and received by him or them, fliall have been expended purfuant to faid Prefentment to the Ufe of the County, he or they fliall ftill be chargeable with the fame -, and every Perfon fo ac countable for any Public Money fliall, when required by the Jufticcs at their General Seffwns or by the Jud^zes of AJJize at their General Goal Delivery^ make up their Accounts on Oath, and if fuch Accountants fliall negleft to make a fair and juft Account of r,ll fuch Public Money or fliall upon fuch Accounts be found to have fuch Money or any Part thereof remaining in his or their Hands, fuch Accountants fliall forth- with pay fuch Money into the Hands of fuch Perfons, as fliall by fuch Grand Jury and Juftices of the Peace or Judges of JJfize^ be prefcn- ted and ordered for the Ufe of fuch County where fuch Public Money fliall be raifed ; and in Default thereof fuch Perfon or Perfons fo ac- countable, fliall by the Jufticcs at their faid Seflions or Judges of Af. fize at their refpecftive AJIizes be committed to the Common Goal, in Execution, until fuch Accounts fliall be made and Balance paid, or fufficient Sureties given for the fame. En^.SiM. II. (Sfl2. IVit/.^.c. iq.Sia. I. direns Rails for Rt- pair of Goals, Grand Juries to prefent what Sumi are neceflary >o be raifed for building & repairing a Goal &c. ■^Eng.^lat.yjac. I. c. 10. Seil. I. Monies to be paid incothe Treafurcr's Hands, &c. For the Ufe of tUa County. IV. Pro. "4 i i| r ■56. No Prefcntment to be confirmed till tlie lift Day of iha Court's Sitting. ^!>!^ ^«j for each County, ftiall agree and determine each refpeftive Town's Proportion of the Sum fo prefented and confir med by the Court-, and the Sum fo proportioned, ffiall be aflc/Tcd on the Inhabitants in each Townft\ip, in the jufteft and moft equal Man- ner they can devife, and the fame ftiall be levied by the Conftables of the faid Townfhipsrefpeftivcly, by Warrant under the Hand and Seal of any Two of His Majcfty's Jufticcs of the Peace for the faid County and in Cafe of Refufal, by Diftrefs and Sale of the Goods and Chattels of the Perfon refufing or neglefting to pay th^ Sums aflcfled 0.1 them as a/orefaid, with the Charge of fuch Diftrefs and Sale, returning the Overplus if any, and in Cafe any Perfon or Perfons ftiall think them- felves aggrieved by fuch Affeflment or Levying thereof, they fliall b; at Liberty to aDpeal to the neyt G'»*'-'<1 f^'l^'"-' »i-M e^-'^u- r> ... Who arc finally to determine the fame ; and the Money, when fo le- vied. III. 17^5- Prefcntment for Y the Judges of Day of the Sit- Peace, andfuch Houfc from the he End that all 'jc<5l againft and for the feveral '(pzes and at the ■ think fit, and :he raifing any to the Treafii- md alfo that it Three or more faid County, to )ved of by tlie re any One of hful Execution lout Favour or id Knowledge i for as aforeftid, n Ihall imme- ly Two of Hij ifing /hall for- Plaint, or In- or before any rcafurer of the flcflbr was ap- ^ Affize 'it Ju. md determine tedandconfir be aflc/Ted on ft equal Man- Conftables of -land and Seal : faid County, 1 and Chattels 'cfled 0.1 them returning the 1 think them- they fliall b; - «.!.. r^ .... s mc \_uuni; , , when fo le- vied. 1765. Anno ^linto Ri'^u Georoii III. Cap. III. ^57- vied, fliall be paid into the Hands of the County Trcafurer, who is to pay the fame to the Pcrfons, as dircded in the Prcfentmciit. VII. And he it EnaHcd^ That tlie Trcafurer in each County fhall make up his Accounts upon Oath of all his Receipts and Payments, at every Court o( Affize or Genoul Si-Jlions held for faid County, to be approved or difapproved by faid Courts, and the fame fliall be filed in the Office of the Clerk of the Peace for faid County ; and no Trcafu- rer cr other Pcrfon or Perfons concerned, is to compound for any Mo- ney to be raifed on faid County, nor make any Dedudtioa whatfoever for any Sum he or they fliall pay to any Pcrfon or Pcrfons, but fuch as he or they fliall account for by proper Vouchers j and if any Trcafu- rer fliall oflfcnd herein, or negled to make up his Account a& aforefaid, he fliall for ever be incapable to fcrvc as Trcafurer again, and be com- mitted to Goal without Bail or Main Pri/c, until he fairly accounts with the Court oi Alfi^f or General Sejfwns of the Peace held f^r fuch I'own or County, and from the faid Court to receive a Certificate of his having parted jhis Accounts to their Approbation. VIII. i.Geo. ^.Cb.6. Be it Enaaed by the Lieutenant Govrrnor,Coun. cil, and Ajjembhy That on the Ncgleft or Refufal of fuch Grand Juries to make Prefentment as is direfled in and by the aforefaid Aft the Judges of 4(//2^ or the Jufticcs of the Peacu in their General Sef- Jions, fliall, and they are hereby impowered to amerce the County in fuch Sum or Sums as it fliall appear to them (upon due Proof made before them) to be neceflary for defraying the Expences which have arifen, or fliall be judged by them neceflary to be raifed, for the Ufc of the County •, which faid Sum or Sums fliall be equally aflcfled on the Inhabitants of faid County, according to their Ability, and paid into the Hands of the Trcafurer of the County, for the VCes afore- faid i and the Judges or Jufticcs aforefaid are hereby authorized and impowered to appoint three Aflcflbrs in each Townftiip, for the aflef- fing the Money aforefaid. IX. Seih2.Be it Ena^ed, That It fliall and may be lawful fortherefpeftive AflVflbrs, already appointedor to be appointed forany Town, to nomin- ate and appoint one or morcColleftors, to colled and receive all Sums of Money as have been or may be afl-efl-cd purfuant to this or the faid Aft, and the faid Collector orColleftors, when he or they fliall have fo colleded and received the faid Sums of Money, fliall pay the fame into the Hands of the County Trcafurer, deducing for his or their Trouble in colleifting the fame, one Shilling in the Pound. X. Sen, 2- Andbeii alfo Enailed, That if any Perfon or Perfons appointed Colleftors as aforefaid, fliall refufc or negled to fcrve as fuch etch and .very fuch Pcrfon fo ncglcding or refufing, fliall forfeit and pay the Sum ofUve I'minHt. tn h^ Ui^uj :.- j^r.,.t^ /• t. . . -J — , .-..va» ui UsiaUii 01 rayment, by R ' Warrant Trcafurer to make up his Account! at every Court of j4j/ize or Gem rat Sejjioni. Upon the Negleft of the Grand Juries to make Prefent- ment, the Judges of ytjjize or the Jufticcs in General Seffiom, fliall amerce the County in fuch Sums as may be ne- ced'ary to defray the County Charges, to be alTcired on the Inhabitants by three AfTeffors to be appointed in each Townlhip. The Alleffors (Tiall appoint Collc^ou Their Duty, and Aliowancs, Perfons rcfufmg to fervc as Colleilors, torJeit/;5. i' H\l a ijjf- Tor ; he Ufe of the C''.'jnty, The Grand Juriet in each County, at the Court ofA^K,, or General SfJJitHt of the Peace, Ihall make Prefentment O' TuchSuma as are ncceir^ry for the bajKHJni; or repair- ing Bridges. In Tvhat manner fuch Sums (hall be afl'eflcd, &c. Upon the Negleft of Grand Jifties to make prefentmeat, the Judges of Aflize in General Seflions, (hall amerce the country in theSnins neccflarytoberaiPd Jnito i^,i„.'o Rfgis GeoUgm. III. Cap. IV. ^7^5- Warrant of Diftrcfs and Sale of the Goods of fuch Perfon or Pcrfons, under the Hand and Seal of any Two of His Majefty's Jufticcs of the Feacc for the County wherein fuch Perfon or Perfons fhall or may be appointed, returning the Overplus, if any be, to the Owner or Own- ers of the Goods fo to be diftrained and fold as aforefaid ; and Aich i-uic flial) be paid to the Trcafurer of fuch County, for the L<{<: of the Jaid County. r ^}' tP'"' 3- ^*- '• Be it EnaHed by the Governor, Council, and ^C fimhly. That from and after the Publication of this Aft, it fliall and may be lawful for the feveral Grand Juries in each of the feveral Coun- ties within this Province, cither at the Court of Affize, or General Sef- Ms of the Peace, held for fuch County, to make Prefentment, upon proper Reprefentationg made thereon by three or more Freeholders of the faid County, or of their own Knowledge, of all fuch Sum and Sums of Money, or Expences that may have arifcn, or that may be neceflkry to be raifed, for the building or repairing Bridges within the fame County, Xri. Sec. 2. -//"^^^/V/Kr/AfrZw^i^f^, That the Sum or Sums of Money fo prefcnted (hall be tflenTed, raifed, levied, proportioned, paid in, and applied in manner as is prefcribcd by thit A&. XIII. Sec. g. j^nd be it alfo further Emiled, That on the Neglcdl of fuch Grand Juric* to make fuch Prefentment, the Judges of Affize, or Jujiices of the Peace in General Seffms, fhall amerce the County in fuch Sum as Ihall appear to them to be neccffary for the purpofes aforefaid j and /hall appoint three AfTeffors in manner as is direc- ted in and by the faid laft recited Aft. Preaiftble. ViJe Statute enaHei in Ireland, 2. Geo.z, <■• t7-StS.i,4, <, is" 7. to the fame t.f. fta, with the \Ji. ft" id. SeSienj of thit Aa. Servant! hired for f ny Term not lefa than Six Monthi, tohaveaCrrtifieate from their Malteror Miftrefd.whendif. charged j CAP. IV. An ACT for regulating Servants. y?5<^)K.)^5'^ HEK EAS great Damage and inconveniencies have ari- ^'i ^"l » ■^"'' """^ '^'"^ ''*' ^'''^' ^^ Apprentices and bound and hired ^X— X)^ 5?rt;j«/j, deferting and leaving their Service without a le- i(t)J()(()<^ id gal Difcharge ; for Prevtntion whereof. Be it Enailed by the Governor, Council attd AJfembly, That from and after the Publication hereof, all Servants bound by Indenture, or hired Servants for any Time not lefs than Six Months, at the Expiration of the Term for which they were bound or hired to ferye, (hall have from theif Mafter or Miftrefs a Certificate or Difcharge of fuch Servants hav- ing lerved his or he? Time, which ihall be a fufficient Warrant for any 1765. Jnno Quinto Regis Georgii III. Cap. IV. 159- any Perfon to entertain or take fuch Servanr into his mr her Scr- vice, and the Perfon hiring fuch Servant /hnll take his or her Cer- tificate orDifchargc, and keep it until the Time, then contraded for, be expired ; and if any Perfon Ihall knowingly take into his or her Service, or knowingly harbour or entertain, any Perfon who has been in any former Service, without fuch Certificate or Dif- charge, fuch Perfon being thereof convifted at the General Seffms of (be Peace, held for the County or Place where fuch Offence (hall te committed, Ihall forfeit Ten Pounds -, to be levied by Diftrefs and Sale of the Offender's Goods and Chatties, by Warrant from fuch GenerM Sejfions ; one Moiety of which Forfeiture fhall be to the Poor of the Townfhip where the Offender refides, and the other Moiety to the Informer who (hall difcover and profccute the fame- II. Provided always. That in Cafe any Perfon fhall refufe to give his or her Servant a Certificate or Difchargc as aforefaid, fuch Ser- vant may appl/ to fome neighbouring Juftice of the Peace of the County wherein fuch Mafter or Miftrefs inhabits, who fhall give Notice to the Mafler or Miflrefs of fuch Servant, and require from them cfpeftively the Reafon why fuch Servant is refufed fuch Dif- chargc and Certificate of his or her Service ; and in Cafe no Re- gard be paid to fuch Notice, within Five Days, or that the Juf- ticc fhall fooner, by a Reply to fuch Notice, find that the Caufe of the Rcfnfal of fuch Difcharge or Certificate was not fufBciint, the faid Juftice is required to give a Certificate thereof, or of fuch Rea- fons as the Mafler or Miftrefs gave for rcfufing fuch Difcharge or Certificate, that fuch Perfon who is about to hire futh Servant, inay, be apprized of fuch Servant's Behaviour, and judged thereof before he or fhe hires fuch Servant, for which Certificate no Fee fhall be paid ; and the faid Certificate fhall be as good as if the fame kad been given by fuch Mafter or Miflrefs •, and any Servant who fhall be conVidled of counterfeitJrtg or producing a counterfeited Cer- tificate, under the Hand of any Matter or Miftrefs, or Juftice of the Peace, by the Oath of One or more WitncfTes, or by fuch Ser- rant's own ConfefT.on, before Two of His Majefty's Juftices of the Peace, fndl be publickly whipped at the Difcretion of fuch Juflice. [II. Jnd he it further Enabled, That all bound or hired Servants as aforefaid who ftiall defcrt or abfent themfdves from their Ma- tter or Mrftrefs'8 Service, fhall be liable to m«ke Satisfaflion by Ser- v,cc, af^er the Time by Indenture or Agreement is expired, double their Time of Service fo ncgledtcd, and if the Time of their Defertlon or Abfence was at Seed Time or I larveft, or during the Fiftiing Sca- fon, = blickly Whipt. Servants who (hall Ucfett or abfcend, to make Satisfa^fioti by ferving double the Time, on the Order of the SeHIon^. "n iCfo. An>!9 f^iliiio i2^f,V Georcu III. C.Af. IV. 1 70.-,. '!'omphints of Ser- vants (or crue! and hail Uligc, to be Jicard and dcter- mincd by T\vo Jiillices. Appeal to the Sef- iiooi. Mafters of VcfftU not to harbour, &c. any bound or hired Setvaiit, on Penilty ot/'io. C mj^ilaint to be "III made to a Juf- ci to qIiJw Peace. i II Indentu.eiof Ser- vanis hired in Great Britain, &c. to be examined by a ]af- tice before they are xfljgned. l\. JH,lnhm-a.Uhc ^wjghg tie Tmr fuch bend or bind .f,r.v.,; J'-u Jerve u o^tc. nfer.ed mU ,h. Ti,.. I.y Menu.. ,, ^,,,„,,„, ,, ..^ri>cd, '^■ha,th,M,aJureoffuchfurlbn- Service may bf rendered .li//ial, J'feimble. in«n Js of Ctpe Bre- ton, Stc. adjudged to be under the Go. vernment, tec. o» thii Province and thel»habitantsrub. jeft to the Lnwi of the faine. Colleflon of Im. peftandExeifeim. powered to Cue for ««d recover any ^^ii",&e. in any <-ourt of Record. C A P. I. An ACT for the more effectual Recovery of His Ma- jefty's Duties in the liiands of Caf>e Brcm, and Ifland adjacent. J^'^-f ^^^'^^^^ "'^ Majefly by his Royal ProchmatioH, givm at P ff^ r ^'- ^^"'^^'^t^'^ Seventh Day of O.'iober, One Tboufand Seven ^ ^ ^ ^^""^'"^ "'"^ ^'"'y ^^'-'^ '" ''"• T'-i'V'^ rear of Ills Rei^,,, hn^ ,%\-«nei.A toougbt ft to annex the IJlands of Cape Breton or Iflc Royal, -with ihe lejfer Ipnds adjacent thereto, to the Government of liovA vScotia ; Aiuitnereas feme Doubts have arijen, whether the Laws of this Province, antecedent to the faid Proclamation, are in force there i and as fundiy Perfons have f nee refufedto payllis M,je/}y's Duties : Im Order tberi. fore to remedy the fame ; It is hereby declared and Enabled by the Com. gander, nCHef, the Council, and Jffembly, That by virtue of Hi., Ma- jcfty * Royal Proclamation, the f.id l^tx^^^ci Cape Breton or Ifle Royal, with the Icflcr Iflands adjacent, were, and (hall accordingly be adjudg- ed to have been and be under the Government, Authority, and Ju- nfdiAion of this His Majefty's Province, and that the Inhabitants thereof were and are fubjeft to all the Laws of the fame, II. Jnd be it further Btiuled, That the Collcaors of Impoft and Kx- cife Duties, or any other Officer appointed to receive His Majefty's Duties there, Ihall be and arc inipowered to profecute, fue for, and re- cover, in any of His Majefty's Courts of Record within this Province, any Duties. Cuftoms, livcifc. Rents, or Arrears of Duties, Cuftoms, Lxcifc or Rents, or any Debts or other Demands whatfoever, due to the Crown from Perfons rcftding in faid Territories-, a-H Cv-^ Court:j m which fuch Caufes arc commenced, are hereby authi- ., hear and determine the fame, 'and to award Execution accordingly. Whoihill beJee- tned a Forcftaller. CAP. 11. An ACT againft Foreftallcrs and Regratotii. *>a*V>^ E it Enaad by the Lieutenant Governor- Council and Af ^ f. J^mbly, That from and after the Publication hereof, L whatfoever Pcrfon or Perfons fhall buy or caufe to be •^'«<"TSy-S .^""S'^^' *"y Viftuals of any Kind whatfoever, com- ing by Land or Water towards any Market or Fair already ef.ablifhcd, or that may hereafter be eftablilhed in this Pro- vince, to be fold in the fame, (except at the Diftance of Ten Mi!e.« at leaft from the Place where fuch Market or Fair is to be held or II. 1766. 1706. Anno Sexto R-jris (ijORdii III. Cap. III. 163, of His Ma- Breton^ and 'iatioM, given at tboufand Seven "" Ills AV/f «, l)a.i Breton or Ifle rnmfitt 0/ Nova be Laws of this f there j auJ as In Order thert- ^ed hy the Com uc of His Ma- m or IJle Royal, gly be adjudg- irity, and Ju- le Inhabitants npoft and Kx- [lis Majcfty's ue for, and rc- this Province, ics, Cuftoms, icver, due to I (\)r^ Courts r. • •, J liciir ingly. or krpti or ftiall make any Uarpain, Contr.u'V, or I'romifc, for the having or buying the fame or any Part tlicrcof, or fliall make any Motion by Word, Lettrr, McfTage, or otherwife, to any Pcrfon or J'crfons, for the enhamin(i the Price or dearer felling any Kind of Vic*tuali or Provifion for the life of Man, commming by Land or Water towards any Market or Fair as aforcfaid, (hall be deemed and adjadged a Foreftaller. II. And be it further Euan rdf That whatfoever Pcrfon or Perfons fliall by .nny Means, regrate, oluaio or get into his or their Hands or Pofleflion, in any Fair or Market, any Corn, Hay, Fiih, Sheep, Lambs, Calves, Beef, Swine, Pi^gs, (iccfe. Capons, Hens, Chick- ens, Pidgcons, Hares, or other Ocid ViAuals whatfoever, that Ihall be brought to any Fair or Mnrket whatfoever within this Pro- vince, to be fold, and do fell the fime again in any Fair or Mar- ket holden or kept in the fame Place, within One Month after purchafing or receiving the fame, fhall be accepted, reputed, and taken for a Regrator or Kcgrators. III. And be it alf$ further F.nailed, That any Pcrfon or Perfons who (hall be guilty of foreftiilling or rfgi'.itiny, contrary to the Intent and Miauing of this Aft, and (hail be duly tonvidlcd in any of Hi.'* Miijcfty's Coiirtii cf G<-Her,il ,S^J/icus of the' Piacf for the County where the Offence is committed, (h;ill be fined at the Difcrction of faid Court, in any Sum not exceeding '1 en i'ounds, and for Non Pay- ment of his or their Fiiir, to fu/Fcr Imprifonment at the Difcretion of the Court, not exceeding Two Months for each and every Of- fence ; and that one Moiety of the faid Fine and Forfeiture, be for the Ufe of the Poor of the Town where the Offence hat been com- mitted, and the other Moiety to him or them who Jhall fuc for the fame. . .. ,., - ' - j Who (htll be des* nicii • Regrntur. PcrfDnn gtillly bI Fortttilnni or K« griting tnbe fined iio( eiretdini /°49> or to fuffer Two Monthi Imprifon- mcni. - •;. 3"-. -•'t b.;s r ._ CAP. III. ^catoes. uncil and Af- uion hereof, caufe to be roever, com- ket or Fair in this Pro- 'f Ten Miles i to be held or An A CI" concerning Schools and Schoolmaftcrs. ^•■<»,»,)»:* £,•/ Enatled hy the i:«mmtiHAer in Chief, Coundk-sud AJJ'en.- >' ^ 0, ^^y^' '^'^^^ "" Pcrfon hereafter (h.ill fet up or keep a Gram- :*"d'Vy 0'«- '"" School within this Province, till he Ihall have firft been ' examined by the Minillcr of fuch Town wherein he propo- fes to keep fuch Gramnur .School, as to the Qtialifications for the In- ftruftion flf Chttdren in fuch Schools • -«mlirh«re mr M iitiat i > lor the Inllrudtion of Children, to he ^.ciUnru I'j trie 1 15- , vcrnor,&r. in order for hta obtiininf 1 Licence. I 'H. Any Pnfon (ctilfii up I School withovt i.le«ncf,to(brl'*it jC%.fw»\ttf Of- lence. %.;/«!. II <|f ij. >fi/l. J. c. 4. Schnolmallcri to tike ihe Oithi. M^g. hat. Brit. Sua. i.Cm.|. '■ ij. <««. I. Aay Poftffi Ktctt- fint who flull fte ibrfeii^io. Md fctfcrikrecMontki faprifoiuncnt. 400 Acres of Land in ewh Townflup la be veiled in Trufteei for the ufe •f School]. Anxt S,-xtt Rfjiis GiOKv. I \ MI. C^ III. 1766 (.ovfinor. or ComnianJer m Chief for th« Jimc being, fur obtaining M Licence as by His Majefty's Royal Innrueii.m is dircacil •. and fh« tto I'erfon rti.Il fee up or k«p a School for the Inrtrt.«ion of Youth in Reading, Writing, or Arithmetic, within the Townfliip of |/4/;/j», without fuch Kxamination, Certificate tnil Licence, tir in any other Manner than it before dircdled s and every fuch Schoulmafter who (ball ict up or keep a School contrary to this \6t (hall, for every Offence, forfeit the Sum of Three Pounds, upon Cimvi(ftion before Two Jufti' ces of the Peace of the County where fuch Perfon (ball fo offend, to be levied by Warmnt of Diftrefs, and applied for the Ufe of the School of the TowB where fuch Offence (hall be committed. ir ProviiiJ^ That no Perfon Aiall prefume to enter upon the laid Office of Schoolmafter, until he (hall have taken the Oathi ap- pointed tube taken inftead of the Oaths of Allegiance and Supre- macy, and fubferibed the Declaration openly in fome one of Hi« Majefty** Courts, or as (hall be direfted by the Governor, Lieu- tenant Governor, or Commander in Chief for the Time bein^j. Aod if any Popi(h Recufant, Papift or Perfon profe(rmg the Po- pifti Religion, (hall be fo prefumptuoui at to fot up any School within thii Province, and be detefted therein, fuch Offender (hall iot every fuch Offence fuffer Three Monhti Imprifonment without Bail or Mainprire, and (hall pay a Fine to the King of Ten Pounds •, and if any One (hall refufe to take the faid Oaths and fubfcribe the Declaration, he (hall be deemed and taken to be a Popi(h Recu- fant for the Purpofea fo before mentioned. III. And ff^bereas His Majefti has betn pUaftd f erdtr thatFour Hund- 9ti Atrti tflMid in tack Town/bip, /ball be grant td to and for the Ufe dutd Sitffort of Sehooh^ B* it Enai^edt That the faid Quantity of Lands fhall be vetted in Truftees for the faid Purpofe, and fuch Trufteet /b*ll l>e> and «re hereby enabled to fue and defend for and on behalf of fuch Schools, and to improve all fuch Lands as (hall be moft for the Advantage and Benefit thereof. n wmmmmmmmm At ,. 1766 ;, for obliining ;Acil ; anil rhit irtion of Youth ifliip of UalifjXt r in any other nafter who (hall every Offencf, fore Two J II ft i- I fo offcml, to i of the School Iter upon the the Oaths ap- ice and Supre- • one of Hiw ivcrnor, Lieu* Time bciii^. efling the Po- p any School OfTender ihall iment without Ten Pounds •, and fubfcribe Popi(h Rccu- hatFour Hund- nifor the Uje tity of Lands "uch Trufteea and on behalf I be mod for I76ff. 4HH9 Sexto Hfgit Gronon 1|[. Cap. I. iffi At the Cifc'NERAi, AssKMHLY of tlic Pro- vince of N(wa Siofhiy begun and hoiden at Haitfaxyon the Tzvcnty Eighth Day ofMaj, ylnno Domim I'jCt^t in the Fifth Year of the Reign of Our Sovereign Lord GEORGE the Third, o( Grvai liri- tain, France and Inlamly KING, Defender of the Faith, tS:c. nnd there continued hy feveral Prorogations until the Twenty Third Day o{ Ociohcry 1766, in the Sixth ~" ar of His faid Majefty's Reign ; being Third Sefllon of the Fourth General Yea the A convened in the faid Province. At C A W I. An ACT to prevent the Cutting or Breaking down the Bank of any River, Scabank, or Dykes. (X(XO0(M HERE AS there arelar^e Trail i of Marjh Lnnds within this H^ O Province dyked in, gretit Part of which are^ at this Time, mh- O S '^"^ "ii^'ti Improvement, from which j^reat /tdvantages miifl mJoCJBJJOCX arife; and as the dyking ami draining tbofe Landt art auended ■With a very great Expence, w!.. £ted by the" Lieutenant Governor, Council, ami /fffemldy. That if any Per- fon or Perfons, from and after the Publication of thii Aifl, (hall un- lawfully and malicioufly'TMrnk down, or cut down the Bank or Baoka of any River, or any Seabank or Dykes, whereby any Lands fliail be overflowed or damaged, erciy Pcrfon fo offending, being thereof law- fully conviAed, (hall be adjudprd guilty of Felony, and ftiall fuflr-- Death as in Cafes of Felony, without Benefit of Clergy, IL And he it further Enaaed, That if any Perfon or Perfons /hall, St any Time or Times hereafter, unlawfully cut off, draw up or re- move and carry away, any Piles or other Materials which arc, or at any Time hereafter (hall be driven into the Ground, and ufcd for the T t fccuring Pifimblr. Bril !ilal. 6. C/u.; . ' f ]y s,a.^. IJnlnvtully bftnlr \ ! ing down ilie Binli l- ol any River, lie f f'elnny wilhaut Clergy. 1^1 Any Perlon cuMing n/r, drawing up, or rirmuiriMg anii ibb. tarr\ ing away, any Piles or Materials iilfil lor (ccurirjj any Marfti Liiiids, Scu \V»I!f, 4-1-. and cnnviTiid tlicrrol, hciorctwo Juflicc! ot ihd'cace, yinno Sc-xto Regis Georgii III. Cap. II. 1766. Ihill forfeit j^to. One Half to llic Informer, ihc other Half to tlie Poor. Or fuffer Sii Months ImprifoB. mcnt at hardLa> lK>ur. Preamble. Any Pcrfoni poflef. fing themlclvcs of, or occupying &c. any iingrantcd Lands, withuat leave in Writing from th^ Gov'crooi &c. fhill forfeit fccuringany Mar/h I.ands or SeaWalis, P.anks, or Dykes in order to prevent the Lands lying within the fame from being overflowed and damaged, it (hall and may be lawful to and for any Two or more of His Majefty's Juftices of the Peace, refiding near the Place where the faid Offence or Offences /hall be committed, and fuch Juftices are hereby refpeftively authorized and required, upon Complaint or In- formation upon Oath of fuch O-Tence, tofummon the Party or Parties fo complained of, or to ifTue their Warrant or Warrants to apprehend and bring before them, the Perfon or Perfons fo accufcd, complained of, or fufpcdcd, and upon his, her, or their Appearance, or ncgleft to appear, to proceed to examine the Matter of Faft with which he, ftie, or they are charged, and upon due Proof thereof made, cither by CoufelTion of the Party or Parties fo accufed, or upoii the Oath or Oaths of One or more credible Witnefs or Witneffcs, to determine the fame, and to convidt the Offender or Offenders ; and every Perfon of- fending herein, and being thereof convicted as aforefaid, ftia'l forfeit and pay th(f Sum of Twenty Pounds; one Moiety thereof to the In- former, and tiie other Moiety to the Overfeers of, and for the life of the Poor of the Townfhip or Place wherein fuch Offence /hall be com- mitted ; the fame to be levied by Diftrefs ancl Sale of the Offender's Goods ../id Chattels, together with the Charges of fuch Di/trefs and Sale, rendering the Overplus (if any be) to the Owner or Owners thereof; and for Want of fufficient Diftrefs, the faid Juftices are here- by required to commit the Perfon or Perfons convitfted as aforefaid to the Houfe of CorreL^iion or Common Goal of the County, Town or Place, where the Offence /hall be committed, there to remain and be kept at hard Labour for the Space of Six Months. CAP. II. An ACT to prevent Trcfpaffcs upon Crown Lands. ^)!()J()K)J( H ER EAS fundry evil minded Perfons have prefumed not ^ JV ^ o«/« 10 take pojfejjion of ungranted Lands in this Province, y^ ^ hut alfo, witbaul Leave from Government, to encourage ig- ^)j()i(-^^ Horant Perfons to fettle on fuch Lands, without ohtainiii<' any Grant thereof ; which Praihces are highly offcnftve to the Honor and Dignity of the Crown, Be it therefore Enabled, by the Governor Council and Affemhly, That any Perfons convifted in manner here- after mentioned, either of Poffeffnig thcmfelves of any ungranted Lands in this Province, or that ihall prcfume to place thereon any Inhabitants, or occupy fuch Lands in any manner whatever, with- out Leave in Writing firft obtained for that Purpofc, from the Go- vernor, Lieutenant Governor, or Commander in Chief forth? Time being, may and fhall be profccHted for the fame, by Bill, Plaiat, or Info- 1766. 1766. Anno Sexto Re^is Georgh III. Cap. III. 167 ykes, in order overflowed and wo or more of 'lace where the h Juftices are nplaint or In- 'arty or Parties s to apprehend d, complained ice, or ncgleft nth which he, f m,adc, either ii the Oath or determine the xry Perfon of- 1, flia'l forfeit eof to the In- for the Ufe of, : fliall be com- the Offender's :h Diftrcfs and er or Owners ftices are herc- :d as aforefaid, ounty, Town to remain and wn Lands. fprefunied^ not this Province^ encourage ig- liout obtaining to the Honor the Governor, manner hcre- ly ungrantcd e thereon any atever, with- from the Go • for the Time ill, Plaiut, or Info- Information, in any of his M.ijefty's Courts of Record in this Pro- vince, and upon due Conviction thereof by the Oath of one cre- dible Witnefs, flvall be adjudged to forfeit and pay' the Sum of Fifty Pounds. CAP. III. An ACT for regulating the Times and Places for holding the feveral Courts of Juftice therein named. W^JdW^ E it Enabled, h theGovernor, Council and Affembly, That ^ n (^ the Supreme Court of Judicature, Court of Affizc and General ^ )*( Goal delivery (hall be held annually at Halifax for the W^^MCM:Mi County of Halifax, on the JFirft.Tucfday of April, Second Annipoli.. Tuefday of July, and Second Tuefday of Olhber ■, at Annapolis, for the County of Annapolis on the Fourth Tuefday of Miv, and Third Tuef- day of September; at Hortoii for the County of Kings County on the Third Tuefday of Af /y and Fourth Tuefday of September ; at Cumber* land for the County of Cumberland on the Tuefday of Augujl ; and at Windfor for the County of Hants the fpring circuit on the Tuefday after the Sitting at Annapolis and the Autumn Circuit, on the Monday after the Sitting at Horton. SUPREME COURTS. Halifaz. 20. Gn. 3. C. I. Horton. 7 «9. iG«.3. \C. 4. Cumberland. Windfor, 21. Geo. 3. C. 6. 11. And he it further EnaFled, That the Inferior CoUrt of Common pleas, Ihall ,be held at Halifax annur.lly, for the County of Halifax, on the Second Tuefdays of March and September ; at Annapolis for the County of Annapolis on the Firft Tuefday of April and November; at LuHenburgb for the County of Lunenburgh on the Second Tuefdays of April and 0.fortheTown,of Truro, Q.JIo^ aid lL.^.,, o^tthcFM-ft lucfdays of February and Auguft; at « n„gton on the IHand of G;/«/.W/. for the County of 5//«^«;:y, on the Firft Tucfdays °rPTa^"\?'^"^'/: 'm^" ^'"'^^'"' ^°''^' ^°""^y °^" H=«"ts. on the lad 7 ucfdays of April and Oftobcr annually. IV. A!>! W it further E.alled, That any two of the Judges of the Supreme Court fhall be lufficient for holding the fame, and tranfaAinp thebufincfs thereof, at all, any, and every of the times and places hereafter mentioned, and the legal Proceedings then and there had, fnall be to ail Intents and Purpofcs as good and cfFeftual, as if all the Judges of the faid Court were prefcnt. V. And he it alfo EnaHed, That the time of Sitting 6f the faid Su- preme Court m each of the Terms for holding the fame, fhall be li- mited, that is to fay, at Halifax for Fourteen Days from the Day of opening of the Court, unlefs in Cafes of unavoidable Nccefllty. cr that the Multiplicity of Bufinefs at either of thr faid Terms (hould re^ quire It, in which cafes the Judges may continue the Same for a Time not exceeding Six Days longer, and that in each of the other Counties the faid Court (hall not fit longer than Five Days, from the Day of the opening of each of the faid Courts. « VI. And beitfurtinr Enabled, That all Executions i/Tued upon Judg- ments, which ftiall be given at the Sufrerne Court at its Sitting, in the Month of Odtober at Halifax, and upon Judgments given at the Infe- rior Court of Common Pleas at its Sittings in the Months of March and September at Halifax, fliall be retur.sabic in Sixty Days, from the Day of ifluing fuch Execution. At 1767- Anns Septimo Regis Giorqii III. Cap. 1. 1 69." [II. 1700. ys of June and nd Lcndondery\ 'ington on the I'iift Tucfdays of Hants, on : Judges of the and tranfadinp mcs and placet and there had, al, as if all the if the faid Su- ne, (hall be li. n the Day of Ncccfllty, or rms fliould rc- ne for a Time )ther Counties he Day of the • d uponjudg. itting, in the :n at the Infe- jf March and from the Day At At the General Assembly of the Province of N(yva Scotiay begun and holden at Ha- lifax, on the Twenty Eighth Day of Tkf^, Jn- no Domini 1765, in the Fifth Tear of the Reign of Our Sovereign Lord GEORGE the Third, oi Great Britain, Fm«a', and hr- land, KING, Defender of the Faith, &c. and there continued by feveral Proroga- tions until the Seventeenth Day oiOSiober, 1767, in the Seventh Year of His faid Majefty's Reign j being the Fifth Seflion of the Fourth General Affembly convened in the faid Province. C A P. I. An ACT for Partition of Lands in Coparcenary, Jointcnancy, and Tenancy in Common, and there- by for the moreeffeaual collcfting His Majefty's Quit Rents in the Colony of Nova Scotia. w^^^25 ^^^REJS for the more fpeedy Settlement of the Province, W\iv\m '' ^"""^^ neceffary to erell Tvwnjhipi in divers Parts of the )^X— X^ Z'""'' 'W^/o'- inducini Perfons to retnove into the Province and it^)J(X(>i become Settlers and Inhabitants of the faid Townfhips^ it luat found requifite by Grants to the feveral Petitioners to canvey, previous to their Arrival in the Province, certain Shares or Rights in the rtfpemve •r-wnfhips, and inafmucb as the feud Rights could not, mtbottt greatly re. tarding the Progrefs of the Settlements, be fnrveyed and fet out to each re- fpetlive Grantee by AleUs and Bounds in Severalty, it was judged expedient to convey the Lands in the faid Tawnjiips to the Perfons named in the re, fpetlive Patents as Joiatenants or Tenants in Common. And (Vhereas many of tin Grantees have nroer arrived, or by themftlves or others taken any aHiial Pojfe£lon of their Shares in the faid town/hips, and yet by the Terms and Periods in the faid Patents they are intitled and will long remain intitkd to the faid Shares, by Reafon whereof numtr$us Inhabitants in the refpeftive Townjhips having undivided P,irts are gnatly oppreffed and prejudiced, H'Lo m; acciuni of jucb Abjcnuts tanm pro,eia to divide their Rights by Preamble- *> - . U /'/■/. M 4 tm .iii.itir '■* " ■ « I I m —ia^^^j^fc^^u ■'■kiMba-MUaU -17c. ^fi Ptrfttmalhy \.ii \. jlnH.t. |g. 5/5. I. Upon Petition of tny Inhahiti/it oj' any Townfliip, the Supreme Court miy awirJ ■ Writ ol Partition, yajiiiml. 80. a /■.A'*. 137. R. to be extcuted by the Sheriff, in Pre. fence of t*o Jufti. cej. Landi aflual. ly improved by «ny Proprietor*, fltill be fetoA'toth«m. (h) tit. Sia. 146. Ce. Lit.\6j. m.i. Sharct to be bil. lotted for, ind the 'Numben drawn expreffed in the In- quifition, and con- firmed by the Court. {c) Kitutnt/tbt ShtnffU Juror t hj ihi H^srJt •/ tbt U'rit mu/l 61 unJtr t'btir Stall. Co. Lit. i6l, *. 3hcrifftogive4o Divs Notice to the Occupiers of the Lnit, Sec, Perfoni duly noti- fied, and ncglefling to appear, ftitll be defaulted, and final Judgment for Partition given •gainft the Per font prefent j and alfo againn the Perfoni defaolted, uolefi they Oicw a probable Mitterjin Bir, within if ^avi. yinito Sfptima Rrgis G«o»cn. III. Cat. I. 176*. private Dffds of Partition, nor can any Summons be legally ferved as againjl fttcb Abfenlfenipdn Writs of Partition, and for want of dividing the faid Landsy a ccnfidtrabU Part tbef^eof is wafted and deftroyed hy frequent Tref- paffes and other-wife, or lie uncultivated and unmanured, fo that the Pro- fts of the fame Are totally or in a great Meafure loft, to the Injury of His Majeftfs Rights in the ^it Rents rifpefliwly refervM, as U the Means of levying the fames and tending to the Vexation af the Inhabitants, by being liable to Suits for an Account of Profits demandable by one 'Tenant in Common againft another. For Remedy whereof, 171. i/ervdl di againji ihiiling the /aid h /'■'?""" Tre/- fo that tbe Pro- be Injury of His s to the Means of \bitimts, by being enant in Common tbe Jjeutemvit :ion of any one Supreme Court, Severalty, ac- : lawful for the irm {a), to the :'rcfchce of two 'ay^ that in af rit of Partition, itl and artigned ied and impro- Is unimproved, nber of Gran- n fcperate Pa- s each Grantee i'atcnt of Grant le Pfcfence of the Number fo and be accor- he Jufticei, in I be confiHncd or his Deputy r Occupiers of )n, orDaugh- Is, of thcTe- /■virtue of any Ifttereft, or at ercofthePar- all proceed to »r to the faid lyof thePer- nby Default hall be given ng the Writ ; : (o given by I with Notice : by Motion, Partition, the udjjmcnt cn- trrfd tcred {d). Previdedntverlhtle/s, that if the Tenants or Perfons con- cerned ftall fhew to the Court any Inequality in the Partition, the Court may award anew Partition to be made in Prefence of all Par- ties concerned^ if they will appear, nolwithftanding the Return and Filing upon Record the former ; which ftid fecond Partition returned and filed ihall be good and firm for ever againft ttll Pcrfoni, except Infants {e\ Femes <}overt (f), Perfons of Non fane Memory, who fhall, within One Year after the refpeftive Difabilities (hall be determined, be intitlcd to apply to the faid Court, and (hew a good and probable Matter in Bar of the faid Partition, In which Cafe the faid Judgment (hall be fet afide and a new Writ of Partition (hall be awarded, and executed in Prefitnce of all Parties concerned, which Partition ftiallbe final and condufive againft all Perfons whatfoever. Provided alfo. That all Perfons abfent may, within One Year after fuch Judgment of Par- tition, to be publickly notified in the Nova Scotia (Satette, or any other publiclc News Paper, three Weeks fucceffively, by their Agents or Attornies apply to the faid Court, and alledge any good and probable Matter agaiAft the faid Partition, and fuch new Partition and Judg- ment ftiall be had as aforcfaid-, which (hall conclude fuch abfent Per- fons, and all other Perfons claiming and deriving under the Grants fo pafTcd by His Ma^efty's Govcrrtment, for the Settlement and Impro- vement of the Province. Provided likewife, that in (Uch fecond Writs of Partition, no Lands that have been builded upon, ploughed, or otherwife improved bonafide^ by tae Proprietor intitlcd unier the /or mer Judgment of Partition, (hall bo devefted out of fuch Proprietor, but that the Equality of Partition Aiall be made out of the unimpro- ved Lands. II. And he it further EnaHed, TKat no Pie* iji Abatement (liall be admitted or received in any Suit for Partition, nor fhall the faihe be abated by Reafon of the Death of any Tenant i and that in all Cafes where the former Judgment ftiall, upon Appeal, be confirmed, the Perfon or Perfons fo appealing (hall be awaided to pay Cofts. III. Andbi it alf$ Enailed, That from and out of every feveral Share fo to be alloted and a/figned to each and every Proprietor, His Ma- jefty's Quit Rents referred and payable by every Grantee in the re- fpe^iTe Patents named, (hall be recoverable by the ufual Procefs, and be levied out of the Profits and other extendible Goods and Chattels of fuch refpe^ivc Share \ and that this A, Lit, 171. «. (/) Lit.Sia. 1^6. 257. C». Lit, 170. b. 171. a. whu may have a new Partition, upei ihewing a protjafMe Matter in Bar. The like Relief for Abfenteei, in th* fecond Par- tition no Proprietor ftiall be devellrj of any Land* a(^lja1l]r inipro;;i L> him, but the Kquality ihall be made out of animproved Lindi. No Plea Sn Abite- »ientlhall bt id- ■litted in Suiti for Partition. The Appellee to pay Co(U when thf firit Judgment fliall be confirmed. Hit Mijefty's Quit Rent! to be reco- verable out of every Share, and to be levied our of the profits there- of. I If li m «7»- Ujion Writ's of P»r- tilion,Divl(ion may be mule of iny Lin>U by > Jury '>f the County in any Pirt of the County where the I troverliei by Arbi- tratien, may agree ihcirSubmillion ts l>e made a Ruie of Court. /Inno Oitavo i?itration, to agree that their Submiflion of their Suit to the Award or Umpirage of any Pcrfons, fhouW be mads t Rule 1768. 1768. Anno 03avo Rfgis (iioRoii III. Cap. II. '73 f, in any Place ury of the faid *ame, agreeable ^formation that he Lands ;' atid to all Intents e on the Spot; Refpeft, agree - : Province en at Ha- y of May, 1 Year of jn Lord at Btt'tainy der of the by feve- enth Day Year of aeing the ral yJJfcm- :e. Arbitration. Rule of His Mtjefty's Supnam Voiirt\ or of any of His Majefty's infe- rior Courts of Common Pleas within this Province^ which the Parties fliall choofc, and to Infcrt Aich their Agreement in their Subhiiflion, or tht Condition of the Bohd or Fromife, whereby they oblige them, felves refpcftively to fubmit to the Award or Umpirage of ahy Perfon or Perfons \ which Agreement being fo made and inferted in their Sub- miffion or Promife> or Cohditibh of their refpeflive Bonds, fhall or may, upon producing an Affidivit thereof made by the Witnefleii thereunto, or any one of them, in the Court of which the fame is •greed to be made a Rule, and reading and filing the faid AflBdavit in Court, be entered of Record in fuch Court, and a Rule (hall thereupon be made by the faid Courtj that the Parties fhall fubttiitto, and finally be concluded by the Arbitration or Umpirage which fhall be made con- cerning them by the Arbitrators or Umjjire, purfuant to fuch Sub- miflion \ and in Cafe of Difobedience to fuch Arbitration oh Umpirage, the Party ncglefting or refufing to perform and execute the fame, or any Part thereof, fhall be fubjedt to all the Penalties of contemning a Rule of Court, when he is a Suitor or Defendant In fuch Court, and the Court on Motion ftiall iflue Procefs accordingly, which Procefs Ihall not be flopped or delayed in its Execution, by any Order, Rule, Command, or Procefs, of any other Court, either of Law or Equity, unlefs it ftiall be made appear on Oath to fuch Court, that the Arbi- trators or Umpire mifbehaved themfelves, and that fuch Award, Ar- bitration, or Umpirage, was procured by Corruption, or other undae Means. II. And be it further EnaSeJ, That any Arbitration or Umpirage procured by Corruption, or undue Means, fliall be judged and eftee. med void and of none Effect, and accordingly be fet afide by any Court of Law or Equity, fo as Complaint of fuch Corruption or undue Prac- tice be made in the Court where the Rule is made for Submiflion to fuch Arbitration or Umpirage, before the laft Day of the next Tcrtn after fuch Arbitration or Umpirage made and publiftied to the Par- ties i any Thing in this AA contained to the contrary notwithftandihgi Agreement fo miide to be inlrriccl in thcirSubinillion Ae. Parlies to be fintlly conclixled by fuch Arbitration, in cafe of Difobt- dlence I'artiei fub- jc6» ro Penalty, *c. unlefi Arbiiratori niinxhaveii thtni- felvcs. Corrupt Arbitra- lions void, and may be fet afide. mtty fontribute ning ofContrt- *ei to fubmit to ty of Imprifon- it therefore En- Itat it fhall and :rs deftring to ;s. Suits, or rfonal Aftion, Submiflion of lukl be made a Rule CAP. II. Ah ACT for giving like Remedy upon Promiflbry Notes, as is now ufed upon Bills of Exchange. **^^.»*; HERE AS it bm been held that notes in U^riting, figned by tht §! ^ §. ^"'"'J' ^^'' "'^^" tbefame^ whereby fuch Party promifes to pay jft ♦ unto tiny other Perfon. or his Order,, any Sum of Money tberetti "^ ■* ' mentioned., are not affignable or indorftble over, within the Cu. Horn of Merchants^ to any other Perfon ', and that fmh Perfon to ■uhom the Xx Sum PteamUt. f_- Sf-f, s, J^ ', jiitit, t, 9, I' 1 --l 174. jt»no OiJavo R,-gis Georoii III. Cap. ll. 1768. w m Pr6miAbry Notes my b( ifligr.ca or indorfcd, and Ac- tion maintaine(.' (hereon, as on In- iand BiHjof Fy. change. Plaintiff orDefen. dant may recover CoRi. How AAioni ftiall be brought. .S«/« of Money mentioned htfuch Note is payable, cannot maintain tion Sec. unlefs the Party before Remo- val of the Goodi ice. pay the Land- lord the Rene due. Provided it amvunti to ao more than one Year'i Rent. Rent, and to lock up or detain the fame in the Place where the fame fliall be found, for or in the Nature of a Diftrefsj until the f;une (hall be replevied upon on fuch Security to be given as afore- fai»land in Default of replevying the fame as aforefaid ; with- in the Time aforcfaid, to fell the fame after fuch Appraifement thereof to be made •, fo ai nevcrthclefs fuch Com, Grain, or Hay, fo diftfaincd as aforefaid, be hot removed by the Perfon or Perfon* diftraining» to the Damage of the Owner thereof, out of the Place where the fame (hall be found and feized, but be kept there (as im- pounded) until the fame (hall be replevied, or fold in Default of re plevying the fame within the Time tforefaid. III. And be it furthtr EnaHed, That upon any Pound Breach, or Refcuou» of Goods or Chattels diftrained for Rent, the Perfon or Per- fon$ grieved thereby, (hall, in a fpecial Aftion upon the Cafe for the Wrong thereby fuftaincd, recover his and their Treble Damages and Colts of Suit, againft the 0(Fendcr or Offenders in any fuch Pound Breach or Rcfcuous» any or either of them, or againft the Owners of the Goods diftrained in ctfe the fame be afterwards found to have come to his Ufc or Po(refllon. IV. Provided always^ and be it further Enailed, That in cafe any fuch Diftrefs and Sale, as aforefaid, (hall be made by Virtue or Colour of this prcfent Aft, for Rent pretended to be Arrear artd due, where in Truth no Rent is Arrear or duc to the Perfon or Perfons diftraining, or to him or them in whofc Name or Names, or Right, fuch Diftref> (hall be taken as aforefaid, that then the Ovvner of fuch Goods or Chattels diftrained and fold as aforefaid, his Executors or Admitiiftra- tors, (hall and may, by Aftion of Trefpafs, or upon the Cafe, to be brought againft the Perfon or Perfohs fo diftraining, any or either of them, his or their Executors or Adminiftratorsj recover double the Value of the Goods or Chattels fo diftrained and fold, together with full Cofts of Suit. V. And be it furthtr Ena£fed^ That no Goods or Chattels whatfoever, lying or being in or upon any Meflbagc, Lands, or Tenements, which are or (hall be leafed for Life or Lives, Term of Years, at Will, or otherwife, (hall be liable to be taken by virtue oi any Execution, on any Pretence whatfoever, unlefs the Party at whofe Suit the faid Exe- cution is fued outj (hall before the Removal of fuch Goods from off the faid Premi(res, by virtue of fuch Execution or Extent, pay to the Landlord of the faid PremifTes, of his Bailiff, all fuch Sun or Sums of Money as are of (hall be duc for Rent for the faid PremifTes at the Time of the taking fuch Goods or Chattels by virtue of fuch Execu- tion; Provided the faid Arrears of Rent do not amount to more than one Year's Rent i and in cafe the faid Arrears (hall exceed one Ypar'.s Kent, then the isid Party, at whofe Suit fuch Execution is fucd out, paying the faid Landlord, or his Bailiff one Year's Rent, may pro- ceed III. 1768. 1768. jIttHo Oilavo Regis Georcii III. Cap. III. »77- here the fame until the fiune ivcn as afore- forefaid j with- Appraifement irain, or Hay, on or Pcrfon* It of the Place there (as im- Default of re. id Breach, or Perfon or Per- ic Cafe for the Damages and y fuch Pound he Owners before any of the faid Juftices of the faid Court 1 for the admini- llering of every which Cath and marking fuch Writ as aforefaid, the faid CommiiTioncrs fhall receive only the Sum or Fee of Two Shillings and uo more i and for the taking of every which Recognizance or Rc- cogni-' Preamble. 4. mil. bf Mar. f. 4. Chief Julliceic. of the Sufrimt Court, may make any Per- fons, except Attor- nics and ^olicitor3, Commiflioners to lake Bail 4ec, in the Country. ,-V( Juftices to receive the Bail Piece &c. upon Affidavit of due Execution. Juftices Fee, Bail taken below to be as Je tene rjji. Commirtioners Fee. i8o. Power given ^ That when and fo often as the Heir or other Perfon having the Freehold, mpelled to ap« hemfclvcs, but ned by Affida- incrs, who arc ilfo to examine pedive Eftatfs, thill the Town Perfons, who e of this A&, ate any other •cprefented or Sums of Mo- uit or Aaion, fonated, as if c, being law-, d taken to ht )rfeitures and cd do by the .fllgnment are necejfary^ mer -, Be it and Afftmhlji crfon having mand made, )wcr or juft reditamcnts, :isfaiflion ac> ow may fue >re brought aforeCud in r. GEORGE 176S. A'nio O^avo Rfgis Georjii III, Cap. V. 181; ff. GEORGE the nird, by the Grace of GOD 0/ Great Britain, France ami Ireland, KING^ Defender «f the Faith, Wf. T'o the Sheriff of Our Greeting. w his Deputy, ^OMMANt) A. B. witbtn the faid CouHtyl that infiantly without ^^ Delay render to C. D. whs -was the Wife e/E. D. late of aforcfaid dereafed, her reafo§able Dower which hap- pens, to berofa certain Mejuage or Tenement with the Appurtenances, Jiluate in aforefaid, in the Peffeffton of the faid A. B. which was in the Sdzin aHd Poffeffwn of herfaid Hujhand E. D. and whereaf he was feizedin his Dcmefne as of Fee during the Coverture, and whereof fhe hatb ■nothing (as Jhe faith) and the faid C. D. complains that the faid A. V, hath deforced ber thereof. And unlefe the faid A . B. fhall fn do, thenfum- vion by good afid lawful Mm in the /aid County, the faid A. B. that be before our Juflices of Our Court next to be holden at for the County of aforefaid, on the Day ef then and there tofljew Caufc, why to the faid C. D. her reafonable Dovjer as aforefaid doth not render. And have you the Names oj them by whom you fummon the faid A. B. and this Writ. . fVitnefs E. H. Efqulre, at the Day of in the Tear ef Our Reign, Atinoque Domini A. D. Clerk. II. And be h further EnaSfed, That upon Judgment being given for any Woman to recover her Dower in any Fftate of Houfcs and Lands, and other Hereditaments, which were h';r Hulband's, reafonable Damage (hail alfo be afligncd to her from the Time of the Demand made, and a Writ of Seizin fhall be direded to the Sheriff cr his De- puty, in Manner and Form following -, That is to fay. fl". GEORGE the third, by the Grace of GOD, of Great Bwtain, France, and Ireland, KING, Defender of the Faith, l£c. To the Provoji Marfhal of Our Province 0/ Nova Scotia, or his Deputy, Greeting. TjT/^HEREAS C D. ITida-w, who was the Wife ofE. D. late of in the County aforefaid deceafed, before our Ju- iiicesofoHr Court holden at for Our County aforefaid, on iht Day of now lajt pajf, did recover her Seizin againjt A. B. of aforefiid of one Third Part ef a certain Mef- fuage or Tenement, &c. with the Appurtenances, fituate in aforefaid^ in tbe^ Pofjejlion of the faid A. B. as her Dower of the Endowment of the •faid E. D. her certain Hujlund, by Our Writ of Dower, whereof Jhe hatb nching. Therefore We Command you that to the faid C, T) full Sei/is «/ «ne Third Part of the aforcfaid Meffuage or Tenement, i^c. with the Appur. i * tcnagces Writ of Dowerw Reafonahle Dl- mige to be af- figncd to the Wf- Jow, WrK of Seisin, Dowtr to be fot forth by five Free- holdcrSjBponOath, In what Manner intirelnherilancet ihtll be alTijOed. make Strip or Wnfte. trnanctsyou caufe to be had without Delay: ^o hold to her in Severalty by Metes and Boiwds. We Commandyou alfo, that of the Goods or Chattels of !7 f -l^' 5" '''^'"'"y'"" P''""^^ y^ ^''«fi to be paid andfatisM unto ibcjatd C. D. at the Value thereof in Money, the Sum of 'for Di mages a-xarded her by Our faid Court, for her being held and kept out 'of her Dower a/orefaid, a>d Cojis expended on this Suit, with „wye for this Writ ;■ and thereof a'fo to fatisfy yourfelf your own Fees. And for want of Goods or Chattels of the faid A. B. to be by himfhewn unto you or found within your Precinil, to fatisfy the fame. We Command you to take his Body, and commit him to the Keeper of Our Coal in i„ Our County af or efaid within the faid Prifon. Whom we likewife Cammand to receive the faid A.^.and him fafely to keep, until he pay unto the faid C D U^e full Sum above mentioned, and alfo fatisfy your Fees. Hereof fail not •find make^eturn of this Writ, and bow you fhall have executed th^ fame t\ ^rnext Court to beholden at for Our faid Colnty *f on the Day of next. JVitnefsE.H. Efquirf "1 , . . ^^yf i"the Tear cf Our Reign Annoqu. Domini ly ■> & , A. D. Clerk. And where no Damages {hall bt awarded, the Writ to run only for Seizm and Cofts of Suit. III. ^ndbe it further Enabled, That the Sheriff or his Deputy to ^^■hom fuch Writ is dircdted. is to caufe her Third Part of Dower ia fuch Eftate, to be fct forth unto her by five 1-Veeholders of the Neigh- bourhood, upon their Oaths, (Three atleaft to agree) Avho fhall be fworn before a Juftice of the Peace, to fet forth the fame equally and impartially without Favor or Affeftion, as cor. cnient as may be • which Oath every Juftice of the Peace is hereby impowered to adminifter. IV. And be it further EnaHed, That of Inheritances that-be intire where no Divifion can be made by Metes and Bounds, fo as a Woman cannot be endowed of the Thing itfelf, fhe Ihall be endowed thereof in a fpecfal and certain Manner, as of a Third Part of the Rents, If. fucs, or Profits thereof, to be computed and afcertafned in Manners* rforefaid. And no Woman that fhall be endowed of any Lands Te- ncments, or other Inheritances, as aforefaid, fhall commit or fuffcr any Strip or Wafte theretipon, but fhall maintain the Houfesor Te- nements, with the Fences and Appurtenances thereof, with which fhe (hall be fo endowed, in good Repair during her Term, and leave the fame fo at the Expiration thereof, and fhall be liable to A(aion for ajiy Strip or Waftc by her done, committed or fu/Fcred. CAP VI. *..! 1768. ' in Severally by ■)ds or Chattels of and fatisfcd unto for Da. and kept out of ^ more '■ Pees. And for /hewn unto you, tmandyou to take in Our ife Cammand to the faid CD. Hereof fail not, (ted the fame, te Our faid County r E. H. Efquirf, ar ofOur Reigu^ V. D. Clerk. to run only for lis Deputy, to t of Dower ia i of the Neigh- who fhall be le equally »nd may be ; which adminifter. that'be intire, 3 as a Woman lowed thereof be Rents, If. in Manner «» y Lands, Te- mit or fuffcr [oufes or Te- nth which flic md leave the ^ftion for ajiy i76». Anno OHavo Regis Georgii III. Cap. VI. 183. CAP. VI. ^n ACliot difcharging the Penalties and Forfeitures m Bonds, Contrads, and Agreements, on Payment and Satisfaftion of the principal Sum and Damages due upon the fame. ^^1 E itEnaned hy the Lieutenant Governor, Council, and Jf. ^ S j^' ' '" '"""y ^"*'°" "P°" any Bond, ContrafV, ^^.s^' '"'!^8'«"^.'="^ with Penalty for Performance of the Con- '''TVr"' '°" contamcd in fuch Bond, Contraft, or Asrccment 1 Yl "t "? ^' ''*^"' ^°"' '''' ''^''^'' ^°"^^^' -J»=« f-h ATon ftall be brought, upon due Proof of the juft Sum due upon the Con- du.on of fuch Bond,. Contrads. and Agreements, toge^the, with a^l fuch Damages and Cofts as have been incurred b; No'n perfo^manc of the Condmon to d, reft and receive a Verdidl for the Sum and tered up on the Judgment upon fuch Bond. Contract and Agreement Tof ore:::;f:' -'- ^^^^ -' ^^'»^^- ^« - ^« *^— ' 4 vet II. And he it further EnaSted, That when any Adlidnof Debt fhall be brought on any fingle Bill, or where Debt or Scire facias ftaU be brought on any Judgment, if the Defendant hath paid the Mo„^ fuc.Pay„,cnt„,ay be pleaded in Bar, and where Debt isbrou^S any Bond which hath c Condition or Defe.-.a„ce to make voS the fame upon Payment of a leffer Sum. if the Obligor, hTaHeir E« cutors. orAdminiftrators. have, before the Adfon brought plid^e" Pnncrpal and ntereft due. though fuch Payment was not^m de ftri^' accordmg to the Condition of the Defeazancc vet it mav T 7^ jnBar. .nd fhall be a. effedual a. if the Mo^^y C^/p .7 TJc Day and Place according to the Condition, and had been fo pleaded III. '^nJl>ei(fKrtberEnig.Siat.-i.7a<,\, t. 10. At the General Assembly of the Province of Nova Scotia, begun and holden at Ha- lifax, on the Twenty Eighth Day of Af^', Jmio Domim 1765, in the Fifth Year of the Reign of our Sovereign Lord GEORGE the Third, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. and there continued by feve- ral Prorogations until the Twenty Second Day of OSioher, 1768, in the Eighth Year of His faid Majefty's Reign; being the Seventh SefTion of the Fourth General Jf- fembly convened in the faid Province. C A P. I. An ACT for the rating and levying of the Charges for conveying Malefactors and Offenders to the Goal. •^■.i^^V^- HE RE AS His Majejlfs SuhjeSts are much charged and fir Jt turthened in conveying Felons and other Malefaiiors and Of- « V f^nul Of- ;/, punijhiibh other Male-. of their own J HiVHrn^emeni 1768. ^">io OHavo R..'-^is Gtoviou lU. Cap. I. iS:-. of fuch Malefa.tors and Offcwlers in their faid n^icked a,id had Courfes, am! totheDifouragementofllis Majejtfs faid Subjects, in profecuting the faid MalefaJors and OJfenders to be punijhcd according to thei- Demerits • Be n therefore Ena^aed by the Lieutenant Governor, Council, and AffembW, 1 hat all and every Perfon and Perfons whatfoevcr, that (hall herc.ftcr be committed to the common or ufual Goal within any County in this Province, by any Juftice or Juftices of the Peace, for any Offence or M.fdemeanor, that the faid Perfon or Perfons fo to be committed as aforcfaid, havmg Means or Abifity thereunto, fhall bear their own rcafonable Charges for fo conveying or fending them to the faid Goal and the Charges alfo of fuch as flull be appoint.! to guard them to luch Goal, and fhall fo guard them thither ; And if any fuch Perfon or Perfons, fo to be committed as aforefaid, /hall rafufe at the Time of their Commitmeat and fending to the faid Goal, to defray the faid Charges or fliall not then pay or bear the fame, that then fuch Juftice or Juftices of the Peace /hall and may, by Writing under his or their Hand and Seal, or Hands and Seals, give Warrant to the Conftable or Conftables of the Town or Place where fuch Perfon or Perfons fhall he dwelling and inhabit, or from whence he or they fliall be commit- ted as aforrfaid, or where he or they fhall have any Goods within the County, Town or Place, to fell fuch and fo much of the Goods and Chattels of the faid Perfons, fo to be committed, as by the Difcrc- tion of the faid Juftice or JufHces of the Peace, fliall fatisfy and pay the Charge of fuch his or thrir cdhveying and fending to the faid Goal • the Appraifement to be made by four of the honefl: Inhabitants of the Town or Place where fuch Goods or Chattels fhall remain an* be, and the Overplus of the Money which fhall be made thereof to be deli- vered to the Party to whom the faid Goods fhaJl belong, II. Andbe it further EnaHed, That if the faid Perfon or Perfons fo to be committed as aforefaid, fTiail not have or be known to have any Goods or Chattels, which may be fold for the Purpofe aforefaid, within the County, Town or Place, that then the faid Juftice or Juftices on Application by any Conftable or other Officer who fo conveyed fuch i'.rlon or Perfons to Goal, fliall upon Oath examine into and afcertain the rcafonable Expcnces to be allowed fuch Coftftable oi- other Officer and fhall forthwith, without Fee or Reward, by Warrant under his o^ tl.dr Hand and Seal, or Hands and Seals, order the Treafurcr of the County to pay the fame, which the faid Treafurer is hereby required to do, as foon as he rcceivci fuch Warrant j and any Sum fo paid fhall be allowed In his Accounts. III. And Whereas thi Expeme as well as Lofs of rime in attending Coiu-ts of Juftice, is a Difeouragement to tbt poorer Sort to appear as IJ-'itn.fes againft Offenders, -who thereby efcape the Public Juftice, and the -• ••"* -■''■■'■ '■••"^^■■, uv :: junker znacicr, ihat when unj poor Perfon ftiall appcnr on Recognizance in any Coi*rt, to give Ev:- ^^^ dence Offcnderii to he conveyed to Goal at thc-ir owa Charge. How the Charges ftul! be leviffd if the Pnbner refuf« to pay. If the Offender be not able to be r his Chatgei, the lame flltll be paid by the County Treaftircr. */i/.J/«/.J7.G»*.5',' f. 3. 1 C/i. J)!no O^avo Regis Georoii HI. Cap. I. 176! m Ciiargcj ofpdor Witntfl'estobepsid bytheCountyTrca- f'lrc r, by Order of CouK. In Coirnties where no Treklurer is ip- pointcil, ic. fuch Charges' fhall be paidoutof the pub- lic Treal'ury. The Dcfendanfs Plea in an Aftion brought for any Thing done by Force of thii Afl. The Defendant ftiall recdver Tr«l)le Damages, and Coils of Suit, dencc agaiiift another accufcd of any Grand or Petit Larceny, or other Felony, it flinll and may be in the Power of the Court, at the Prayer and on the Oath of fuch Pcrfon, and on Confidcration of hisCircum- ftances, in open Court to order the Treafurer of the County in which the Offence /hall have been committed, to pay unto fuch Ptrfon fuch Sum of Money, as to the faid Court ftall fecm rcafonable for his Time, Trouble and Lxpence i which Order the proper Officer of fuch Court is hereby direded and required to make out, and to deliver unto fuch Perfon, upon being paid for the fame the Sum of Six Pence and no morej and fuch Treafurer is hereby authorized and required, upon Delivery of fuch Order, forthwith to pay to fuch Perfon, or other Pei-fons authorized to receive the fame, fuch Sum of Money as afore- faid, and fliall be allowed the fame in his Accounts. IV. And be it further Enalled^ That in fuch Counties where no County Treafurer fhall have been chofen, or in Cafe fuch Treafurer Ihall not have any loney in his Hands, to pay the Sum fo ordered for conveying poor prifoners to Goal, or for the Attendance of Wit- neffes, that then and in fuch Cafe the fame fhall be paid out of the Public Treafury of the Province. V. And be it funheh EnaHed, That If any Adioi. of Trcfpafs or other Suit fliall happen to be attempted or brought againft the Perfon or Pcrfons for taking of any Diftrefs, making of any Sale, or any other Aft by Authority of this prcfent Aft, the Defendant or Defendants in any fuch Aftion or Suit, fliall and may either plead Guilty, or othcrwife make Avowry, Cognizance or Juftificatlon, for the taking of the faid Diftrefs, making of Sale, or any other Aft by Virtue of this Aft, alledging in fuch Avowry, Cognizance, or Juftification, that the faid Diftrefs, Sale, Trefpafs or other Thing whereof the Plaintiff or Plaintiffs complained, was done by Authority of this Aft, and according to the Tenor, Purport, and Effeft of this Aft, without any cxpreffmg or Rehcarfal of any other Matter of Circumftance con- tained in this prefent Aft: To which Avowry, Cognizance, or Jufti- fication, the Plaintiff fliall be admitted to reply. That the Defendant did take the faid Diftrefs, made the faid Sale, or did any other Aft or Trefpafs fuppofcd in his Declaration, of his own W'rong, without any fuch Caufe alledgcd by the faid Defendant j whereupon the Ifl'ue in every fuch Aftion fliall be joined to be tried by Verdift of Twelve Men, and not otherwifc, accuftomed in other Pcrfonal Aftions ; and upon the Trial of that Iflue the whole Matter to be given on both Par- tics in Evidence, according to the very Truth of the fame ; and after fuch Iffue tried for the Defendant, or Nonfuit of the Plaintiff after Ap- pearance, the faid Defendant to recover Treble Damages by Reafon of his wrongful Vexation in that Behalf, with Cofti alfo on that Part fu- ftained, and that to be afleffed by the fame Jury, or Writ to enquire of the Damages, as the fame fliall require. CAP. II. Jv 4 1768. 1768. ^r.no O^avo Regis Georcii III. Cap. II. 187.. ceny, or otlier at the Prayer of hisCircum- unty in which ;h Ptrfon fuch e for his Time, r of fuch Court liver unto fuch Pence and no equired, upon ;rfon, or other oncy as afore- ties v/here no uch Trcafurer im fo ordered iance of Wit- id out of the f Trcfpafs or nft the Perfon ;, or any other or Defendants id Guilty, or 'or the taking t by Virtue of Juftification, ; whereof the ty of this A(5t, Aft, without umftance con- nce, or Jufti- hc Defendant ( other A(fl or , without any )n the Iffue in (ft of Twelve ^dlions ; and on both Par- le ; and after itiff after Ap- i by Reafon of I that Part fu- rit to enquire CAP. II. An AEi relating to Searchers and Scalers of Leather. ***'*'*^ £ it EnaHei hy tht Lieutenant Governor, Coundl, nml Af- •*• 5 •*■ foiMy^ Thar no Tanner or other Perfon whatfoever, fhall * ;*; fell or cxpofc to fale, any Leather tanned, curried or •♦•■^^^-i^^- otherwife dreffed or mtnufaftured within this Province, or imported into the fame (from any of the neighbouring Colonies) till the fame has been viewed, ftamped, and marked by the Officer for that Purpofe to be appointed, on pain of forfeiting the Sum of Twen- ty Shillings for every O::, Bull, Steer, or Cow Hide, and Five Shil- lings for every Calf Skin fo fold or offered to be fold. II. Ami he it further EnaBed, That every Surveyor appointed and fworn according to Law, Ihall, from Time to Time, view all fuch Hides and Skins as aforefaid, and fhall ftamp and mark all fuch as he fhall find to be fufficiently tanned, curried, or otherwife dreflcd or manufaflured ; and if any fuch Hides or Skihs fhtll have been manu- ladured within this Province, the fame (hall be ftamped and marked with the firft Letter of the Name of the Town wherein they have been fo manufadtured, and fuch Surveyor ftiall be paid for his Trouble in viewing and marking fuch Hides and Skins, at the following Rates That ts to fay, for every Ox, Bull, Steer or Cow Hide, three Pence' and for every Calf Skin one Penny ; and every fuch Hide fhall, at the Time of being fo furveyed and marked, be weighed alfo in Prefence of the Surveyor, and the weight thereof fhall by him be marked o, laid Hide. in. And be italfoEnaaed, That if any Perfon or Perfons fhall pre- fume to counterfeit the Stamp or Mark by this Aft required, and Lll Pelr^ r^°"nV r • f l""^ Two of Hi, Majefty's Jufticesof the Peace, he fhall forfeit the Sum of Ten Pounds. IV.Andbe it alfo further ena.ted. That all Forfeitures and Pena) ■es arifing Ly Force and Virtue of this Aft, fhall be one half to t e Informer and the other half to the ufe of £he Poor, and be recovered by Complaint or Information, before any two of His Majefty's Jufti. ces of the Peace for the County where fuch Complaint or Infor^.tfoL n.a 1 an e , and be levied, upon due Convidtion, bj Warrant of d" trefsand Sa e of the Off-ender's Good, and Chattel,, under the Hand and Seai of fuch Juft.ces , and for want of fufficicnt Diftrefs the OfFe„ der to fufFcr one Month', Imprifonment. CAP, m. No Leather (lull lie fold or expijlod to S«lc, before it lu> been viewed and imrkcd by tlif: Sur- veyor. The Surveyor flull view ill Hides and Skins, and mark fuch as arc iufk- ciently tanned, Sec. an* ifmaiiu- fadured within the Province, the fame ihill be marked with the firft Letter of the Name of the T»wn where manu- faA tared. Penalty /lo. for countorfeiting the Surveyor's Mark. How Forfeiturej and I'enilties fliall be tpplicd- CAP. II. iS8. Anno Oilavo Rf^is Georoii. III. C/.p. 111. 17C}; 1 1.,. I'rcsraWft, Pcrfons charged wicli Felonici, done in anv County, to which there is no CommunicatioD by Laml with t^c Town of Halifaxs (hall be committed to the County Goal of Halifax, and the Witnefles bound to appear at the next biipreme Court ac Hall/ax. Tlie Supreme Cctirt held for the County oi Ifa'i/.ix, impow- ercd to proceed a- gainft I'uch OfFtn- ilcrs. CAP. III. y^n ACT to impower the Supreme Courts at their fta- tcd Sittings in the Town of Halifax^ to try Offen- ders who may be guilty of Felonies in other Coun- ties in this Province. .^vOCS*^:;:!; HE RE AS it often happens that Perfons are charged with ^ ly ^^ committing Felonies in many Parts of this Province, at a gn^at •^P'v -'^^ Diftance from the Town 0/ Halifax, and in ftich Cajes His ■ ' • " Majejlfs Covenwrs have found it neceffary and expedient to iljtie Comf/iiJ/ions of Oy^t and Terminer, and Genera] Goal Delivery, for the 'J'riui cffuch Offenders in ll.'e proper Counties uhere ftuh Offences have leen committed : And Whereas it has been found by Experience, that the execu- ting fuch Commiff.ons in thofe Counties which arefttuatcd on the Sen Coajls, or to which there is no Communication by Land, has been attended with great Expence, in the Hire ofVeffels to carry the Judges and the Officers of the Court, and for their Support ; and the Uncertainty of Paffageshy Sea renders it very difficult toprocttre Jurors, and alfo to collect the fVilnelfes that may he neceffury to be examined on the Trial of fuch Offenders, as the Inhabitants do not live together in any one Town or Place, but are fettled in different Parts of the Country, many Miles dijiant from each other: In tr- iler therefore to remedy ihefe Inconveniences, Bt it enaiiedby the Lieutenant Governor, Council, and Affembly, When any Perfon or Pcrfons fhall be charged with any Felony, done or committed in any County fituate on theSeaCoafta of tius Province, or to which there is no Communica- tion with the Town of Halifax by Land, that the Juftice of the Peace before whom fuch Offender or Offenders fhall be examined, flinl! commit fuch Offender or Offenders to His Majefly's Common Goal for the County of Halifax, and fhall bind the WitncfTcs by Recof^n"- zance, to appear and give Evidence againft fuch Offender or OfFciidcrs, at His Majefty's Supreme Court, Court of Affize, or General Coal Deli- very next to be held for. the County oi Halifax. ll. And be it further EnaSied, That His Majefly's faid Supreme Cojirt, Court of Affize, or General Goal Delivery, fhall be and hereby is impo- wercd to proceed to the Trial of fuch Offenders, in the fame Manner as if the Felonies with which they arc charged had been done and committed in the Connty of Halifax ; and all Trials, Verdids, Judg- ments, Executions, and other Proceedings whatfocvcr of the faid Court, to be had thereupoJ\, fhall be and hereby is declared to be as goed, valid, and effedlual in the Law, to all Ihtcnts and Purpofcs whatfbever, as if the fame had been in the County where fuch Felo- nies had been committed; any Law, Ufuage, or Cuftom to the con- trary th«reof in any wife notwithftaading. At 1770- 176!; t their fta- try Offcn- hcr Coun- • charged with cf, at a great fticb Cajes His •pedient to ij/ue very, for the 'Hces havf leen 'hat the execu- be Sea Coajlsy attended with, the Officers of PaJJ'agesby Sea the fVitneJfes cnders, as the t are fettled in other : In tr- ibe Lieutenant rfons fhall be nty fituatc on Communica- : of the Peace imined, fliall )mmon Goal by Recogiv- or OfFeiiders, al Goal D.'ii' Supreme Court, cby is iinpo- fame Manner in done and rdids, Judg- of the fail! lared to be as nid Purpofcs re fiich Felo- I to the con- At .liino Dccimo Regis GEOReii III. Cap. I. iSy. At the Gkneral Assembly of the Province of Nova Scotia, begun and hoklen at Ha- lifax, on the Sixth Day of Jiwe, Jn- no Domini 1 770, in the Tenth Tear of the Reign of Our Sovereign Lord GEORGE the Third, oiGrcat Britain, France, and Ire- land, KING, Defender of the Faith, &c being the Firft Seflion of the Fifth 'Gene- ral jjfjembly convened in the faid Province. C A P. I. An ACT for the Settlement of the Poor in the feve- ral Townfliips within this Province. ^^^i"/uV'r' "/'"^'"-^ that the Poor in this Province ^ ff. ^ Jhould have Some fixed Place of ^-ttlement, to prevent their i-^t ^1 T r"^ "*"«' ^*' C^""^'-^. «-' ">at the Towns t» which Llr \ '^ n ""'^'"^"-^y ^^^^«^. /^"^l^^ot be put to the Expence of Jmort:ng the,n. Be it Knatted by the Governor, Council, and JfeJi wuhm th.s Provmce, /hall be obliged to maintain any poor Perfon or Tot:f^i:t H ' r"^" " ''"'■''" ^' ' ^^^'^^ «^'-h Town 1 ownrti.p, or have fervcd an Apprentice/hip, or have lived i, a„ been 1<['h r Tr''^ ^""^ P"^''^'' ^"""^' Offi«. or S^all have b«n aflcffcd and pa.d hi, or her Share of the Taxe. fo the Poo, of fuchPlaee. or any publick Tax« during one whole Vt. at o.^' II. And it is hereby declared and EnaSltd, That everv P^rt -.u- Clip. 2. Pretmb'?; Defcription of Per. loin iniitied to be iniiintitiied. II. And be. t further Enabled, That any Perfon or Perfons who /hall app y to the Overfeers of the Poor for Relief, not having obfa^nei lawful Settlement m the Town/hip, /hall be required to declare on Oath before one of His Majei^y's Ju/lices of the Peace for he fJS Town/h.p or County wherein fuch Townf}.ip n..ii be, h^ Ir^ ^^^ ' their Perfont »f plyirrg forRelief lorkclji;^ their itil Placi;st Refidcurr. 1 5©. Anno Dtcimo Re^is Georoii III. Cai'. I. Owrlevfiofthe Poor 10 remove I'errnni belongin| to 'I'oivnihip where \Ucy lerve. In default, z ]\i(- ticej by Warrant to caul'e I'uch Ptr- Juns to be remo- ved, Ard iheOverfeers to pay ^U Charges. If fuch OverfeerJ have not Money in their Hands, to lUnd charged therewith uoiilnext Afleflmeut. Two Jurtices to bind out Perfons begging or AroUing. F.vg. Stat, 3. y i. iff. 1 1 . Poor old blind, lams, and impotent rerlbni, to be re- lieved by their Pa- rentj or Children, in Manner as by Seflion* Aiall be ur> dcreiT. Kttg. St. 5. (Su.i. theii- !aft place of Refidcncc ; and if they arc found to have gained ;my lawful Settlement within this Province, a true Copy of the faid Dccla ration, attcilcd by the faid Overfecrs of the Poor, «ncl certified by the faid Juftice of Peace, together with the AmountofKxpcnc* incurred, Ihall be tranfuiitted to the Overfeers of the Poor of the Townftiip to Which the faid Perfon or Perfons fliall belong, and in cafe they rcfiilc Or negle(5l to remove the faid Perfon or Perfons, and pay the Expen- ces incurred, it ihall and may be lawful for any Two of His Majefty'.s Jufticcs of the Peace for the County or Townlhip where fuch Perfon or Perfons have become chargeable, by a Warrant under their Hands and Seals, to caufe him, her, or them to be removed to the Townfhip where they laft obtained a lawful Settlement, and the Overfeers of the Poor are hereby required to receive fuch Perfon or Perfons, and to pay fuch Sum and Sums of Money as ftiall have been neccflarily ex- pended as aforefaid, to the Overfeers of the Poor of the Townftiip from whence fuch Perfon or Perfons have been removed ; Pi-tvultJ always. That in cafe fuch Overfeer or Overfeers of the Poor, fhall not have Money in their Hands wherewith to arifwer faid Expence, fuch Overfeer or Overfeers Ihall ftand charged therewith, until the next Ai.w.Tmcnt to be made on the Townfhip to which fuch poor Perfon fliall belong. IV. titui be it alj'a Enailcd, That it fhall and may be lawful for any two of His Majefty's Jufticcs of the Peace, on Complaint of the Over- feers of the Poor, to bind «ut any Perfon or Perfons, who fhall be found begging or flrolling about, for any Term not exceeding oac Year. V. And he it alfo further Eita5!(tly That the Father and Grand-Fa- ther, Mother and Grand-Mother, and the Children and Grand-Chil- dren, fevcrally and refpcftively, of every poor, old, blind, lame, and impotent Perfon, or other poor Perfons not able to work, being of fufficient Ability, Ihall at his, her, or their Charges and Expences, relieve and maintain every fuch poor Perfon as aforefaid, in fuch Man- ner as the Juftices of the Peace at their Generator S^uarter Seffwns fhall order and direft, on the Penalty of forfeiting and paying Firk, being of and Expencrs, , in fuch Mau- ter Seffiom fhall Fit,arter Sellwns odht Peace, it fliall and may be lawful for the faid Ove^feers or any two of them from Time to Time, and as the Cafe may require' to fell and difpofc of f« much and fo many of the faid Goods and Chat- tels at Public Sale, to the higheft Bidder, and to apply the Money af ding thereby towards the Maintenance of fuch poor Family fo left as aforcfaid. * VII. And be it further Enaiied, That in cafe of the Death of the Parents of any Child or Children, who have gained a Settlement in any lownlhip as aforcfaid, all and every fuch Child or Children fliall be fupported by fuch Town or Town/hip wherein the Parents fo 'gain- ed « Settlement ° VIII. And be it EnaEied, That if any Town or Townftiip, or Per fon or Perfons whatfoc/er, fhall think themfelves aggrieved by any Proceedings had in Virtue of this Aft, fuch Town or Town/hip, Per- fcm or Perfons, may appeal for Redrefs to the next General ox Quarter Sejjkns of the Peace held for the County wherein fuch Town or Town ihip Ihall be, or wherein fuch Perfon or Perfons Ihall refide • and thJ Juftices thereof arc hereby required and impowered to hear and de tcrmme ajl and every fuch Appeal or Complaint, and to give Redrefs as they .n their Judgment ihall think equitable, and fuch their Order and Judgment ftiall be iinal and bind all Parties. »9f. Linus, Tencmenti nnd I'.ffefli o( Pa- rents or Uu/hand. Iciving their Uiil- dren or Wifcs, Ij. able to be taken /or their Mjintcnance. Ovetl'eers of the Poor to apply to t Jullices. Seizure to be ,T. low'd by i'ejiioils. Overfeers tlien to fi-ll and difpofe ot Ciooda anilChatteis for that I'urpol'e. Children otParenfs deceafod, who have gained aSetilemem, to bc'iuppurtcdt TowuUiips oj- ?«-, forj aggrieved may appeal 10 the Sef- fioni. CAP. 11. An Aa for regulating the Commons belonging to the fevcral Townlhips in this Province. rf^^l HEKEAS it isnecejfary, that feme Regulations fiould be t J!. S "\ r "'^^fJ."^ '^•"^'■"^'^ ofLandfet apart for Common, in rrcamhk. ^^e^^ tbefrveral Towxfhip in this Province ; ^ J itfi. Anno Decimo Rc^is Georcii III. C w. III. ir:o. jufliceiin BrJ^ani lomake Regula- tioiu tor the feveril To\^n(hipiin re- i'petX to the Com- mou. Fcnilty on fuch ai tritifgrcfi ihc Rc- giilatiunifomidc i how to be applied, in defaultof pay- meat, to be com- mitted CO Goal. I. Be it Enanedhy ibeGovernar, Coiotfil, niui yijj'cmbh, Tliat the Ju- fticcs in their fcveral General Sejftons of tbe Peace, to be held for the fcveral Counties in this Province, (hall from Time to Time affix and fettle fuch Regulations as they may think moft proper and convenient to be obfcrvcdand followed by the Inhabitants in the fcveral Town- ihips within fuch County, and fuch Regulations fo made, affixed, and fettled, ffiall be and are hereby declared to be the ftated Rules to be kept, obferved, and followed, by the Inhabitants of each rcfpcdive Townffiip, in regard to tJit Common belonging to the fame. II. And be it alfo Ena51e,i^ That if any Pcrfon ftiall tranfgrefs anf fuch Rules and Regulations fo to be fettled and affixed, or fliall ncg- ledt or refufe to obey the fame, fuch Perfon ffiall forfeit and pay a Fine not exceeding Forty Shillings for every fuch Offence, and in cafe fuch Offender (hall refufe or negleft to pay the Fine, then it fhall and may be lawful for any Two of His Majefty's Juftices of the Peace, to grant a Warrant of Diftrefs for levying the fame in the ufual Manner, one Half to be to the Pcrfoti complaining, and the other Half for the Ufc of the Poor of the Townfhip where the Offence rtiall be commit- ted, and in default wf fuch Diftrefs, to commit fuch Offender for any Space not exceeding ten Days. CAP. III. 37. Hin. i.cap. 9. No greater Intereft than 6 per Qt. fir Annumtobetakerii if more ii taken, Bonds, Contradii, &r. to be void ; Peribns who (hall take more on ativ other Conlrtifl tor G«odj, At. An Aa for cftablifLing the Rate of Intcrcft. ^)4^)*:)0^^ E it Enacted by the Governor^ Council, and Affemhly, That ^ 5 ^ "° Perfon or Perfons whatfoever, upon any ContraA which ^^^•^ ''''" ''' "^^^^^ ^"^^ **''* ^''""^^^ "•■ •"^••'•c<5Hy, for Loan fkJUkffCfk of any Monies, Wares, Merchandize, or other Commo- dities whatfoever, above the Value of Six Pounds, for the Forbearance of One Hundred Pounds for a Year, and fo after that Rate fur a greater or Icffcr Sum, or for a longer or fhorter Time -, and that ail Bonds, Contraifts, and Aflurances whatfoever, for Payment of any Principal or Money to be lent or convenanted to be performed upon or for any Ufury, whereupon or whereby there fliall be referved or taken above the Rate of Six Pounds in the Hundred as aforefaid, iKall ht utterly void, and that all and every Pcrfon or Perfons whatfoever, which (hall, upon any Contra whaffoever, and receive, inge, Chcvi- other Thing ». or by any ing or giving •ncy or other Thfig, Thmg above the Sum of Six Pounds for the forbearing of One Hun- dred Pounds for a Year, and fo after that Kate for a gfeater or IcfTer bum. or for a longer or ffiortcr Time, (hall forfeit ind lofe for every and o?h tV"" '1^^: ''"'r °^ '^' '^""'"' ^»"'' Merchandize Moieil L ;"^\ ''"/' j'.="-8=''-'^' "'^hanged, or ffiifted; one Mo.ety thereof to be to the Kmg's moft Excellent Majefty, Hi. Heirs - Succeflbr,. for the public Ufeof this Province, aid the Supp Jii fu?r"rr' ""^^ ^"^ '^^ °'^" ^""'^'y ^° '^'■^ °^ ^h^*" that will fuc for the lame m any of His Majefty's Courts of Record in the iam. County where the Offence ftall be committed, and notelfe where by A^honofDd., Bill, Plaint, or Information, in which ^^^iX^ W ager of Law, or Proteftion Ihafl be allowed. n. ProvidtJ, That nothing in this Aft fl.all extend «■ beconftrued "tend to any Specialty, Hypothecation, Inftrument or Agreement mWnrmg, that fhall be made, entered into, or executed, for any Money lent or advanced, upon the Bottom of any Ship or Veflel. any 1 hmg to the contrary notwithftanding. III. Provhhd alfo. That all Contrafti and Agreements upon Loan «t Intereil upo« any other Rate heretofore made than is prefcribed by this Aft, fliall be good, valid, and effcftual to all Intents and Pur- poles whatfoever, in the (kmc Manner as if this Aft had not been made. ^V't^^'S!"']'^^- '• ^'''' ^""^'^ ''y'^' Governor, Comal and f^""''y' That from and after the Publication hereof, it fhall and may be lawful for any Peribn orPerfons tocontraft and agree for the Loan or Hire of any Quantity of Grain and Number of Cows, Horfts, Oxen, Hciffers, Sheep, Swine or any other kind of Stock of Cattle' or Gram upon Halves or otherwife, as the Lender or Hirer may agree upon the Lender, taking the Rilkofall fu^h Cow., Horfes, Oxen! «c,ttcrs Sheep, Swine or any other Kind of Live Stock upon hi-n- lelt, unlefs it doth or can be made appear, that the laid Stock fo lent. fh'; .K r"^T ^°^ '^'""^ '^' wilfull Negleft of the Borrower, oJ that the faid Borrower fold or converted the faid Stock to his own Ufc, ,n which Cafe the Borrower fhall make good to the Lender the tun Value thereof; and that fach Dealings was not, nor Ihall be acv counted Ufury. V. Be ii EnaHed, That all Profecutions hereafter to be brought for tny Oflence already done or committed, or which may hereafter be done or committed againft the faid Aft, fhall he brought by the Per^ fon or Pcrfons aggrieved, or by any Pcrfan who may fuc for the fame within twelve Months for the Time the Offence wa. committed : and It ffiall and may be lawfull for any Porfon or Perfoas, who fhall. think themfclvcs aggrieved by any Judgment of any Inferior Court, to Swing his Writ of Error, or Appeal to His Majelly's Supreme Court. Gee CAP. IV. to fofTeit treble Value 1 Applicition of th. Pen«lty, how to be recover- ed. Exceptron*. Provifo that til Gontraftj.fcc. upon Loan at In- tereft berclolnre made, (hill be good. After Publication ofitM AA it Oiall be lawful for any Perfea to contuA and agree for riia loan or hire of Cat- tle, &c. Ail Profjcutioni to be brought withia Twelve-wontJn. Perfoni aggrieved at any judgment of Inferior Court K> hrino Wrif /jf £y, ror or Appeal to SivBtfine 6»ur{. IS I »94» /inm_ Dicima Re^isCzoKOii III, Cap. IV. i??®- C A P. IV. An Ad for eftablifliing the Toll to be taken at the feveral Grift-Mills in this Province. Toll for Giinding Wheat, Rye, Bar. Jey, Oats, and In- «]tan Com, to be 1-161I1. Millers talitng greater Toll, to for- te it 40s. For the Ufc of tke Poor, and recoTer'd be- fore 2 Joftices. Value of Grain taken more, to bt recovered ia like Mumer. Millers not obliged to grind GraK'^,^)>' E it EnaHcd by the Governor, Council, and Apinhly, That if £ ^ the Toll to be taken by every Miller for grinding Wheat, s;w*r^>:{ tcenth Part, and no more, to be afcertaincd by a fealed Meafurc. II. And he it alfo Enabled, That if any Miller fliall take any greater Toll than is herein direc^lcd to be taken, he {hall forfeit and pay the Sum of Forty Shillings, to be paid to the Overfeers of the Poor of the Townfhip wherein the Offence /hall be committed, or of the Townftiip moft contiguous thereto, for the Ufe of the Poor, and be recovered before two' of His Majefty's Jufticesof the Peace, and the Amount of the Value of fo much Grain or Meal as fliall have been taken more than the Toll herein prefcribed, (hall alfo be recovered in like Manner. III. Provided always. That no Miller (hall be obliged to roceive and grind any Corn or Grain which (hall not b ean, dry, and in good Order. IV. 21. Geo. i. Ch. 6. BeitEnaStedby the LieutenaMt Governor, Coun- cil and AJfembly, That every Miller, who keeps a Bolting-Mill, (hall be obliged to bolt the Meal of all Wheat, Rye or Buck-Wheat, ground at his Mill, when required ; and that the Toll to be taken for the fame, (hall not exceed one Vmt per Bu(hel. And any Miller re- fu(ing to comply herewith, (hall be fubjeft to the Penalty fpecified in the afore-rccited Aft, and the fame (hall be paid, levied and applied, as direded in faid Af the Pcacf, ithout CoHi- ftiall declare, , and therein ingly certify ^vcr Bar her b Conveyed. ;d, ftiall any made. rovince at Ha- le^ An- T of the ORGE and hx- th, &c. roroga- \ Maje- n of the in the CAP. I. Anno Duodecimo Regis Geokcii III. Cap. I. C A P. I. An Aft declaring what fliall be deemed Merchant- able Timber for Exportation to Great-Britain, ^'^J^fsC HERE AS the improving and fecuring the Lumber Trade % ffr ^ A"'" f^" Colony to Great-Britain, will be highly beneficial, "^ ^ not only to the Mother Country, but alfo to this Province, and ^ t' - ■ ■ ^'^K^'^z -whereas certain Regulations relating to the Exportation of Square Timber are found to be neceffa)y \ I. Be it therefore EnaHed by the Lieutenant Governor^ Council and Af- fembly. That no Hewn Timber (hall be deemed merchantable, or of- fered for Sale for the Britilh Market as fuch, unlcfs the fame is Sound, properly fquared, and not lefs than Ten Inches Square, and free of Bark, and the Surveyors of Lumber are hereby dircdled to Survey, meafure and mark the fame, and none other, for the Britifli Market, before the fame fhall be Ihipped for Exportatioii, for which fuch Sur- veyor /hall receive Three Pence per Ton and travelling Charges. II. And be it further Enabled, That where any Contraft or Bargain /hall be made for any Quantity of Timber for the Britifli Market, the fame fl\all be undcrftood to be according to the DireAions of this Aft and no Merchant or Trader in Lumber fhall be obliged to take any other, unlefs by particular Agreement firft made for the fame. At the General Assembly of the Pro- vince of Nova Scotia, begun and holden at Halifax, on the Sixth Day of yune, Anno Domini 1770, in the Tenth Year of the Reign of Our Sovereign Lord GEORGE the Third, of Great Bri^ tain, France 2ind Ireland, KING, Defender of the Faith, &c. and there continued by fcveral Prorogations until the Twelfth Day of 0(57(3^tT, 1773, in the Thirteenth Year of His faid Majefty*s Reign j being the Fourth Seflion of the Fifth General AC^ Jcmhly convened in the faid Province. 15;. Preamble. No hewn Timber fltill be deemed mercbintable or oiered for Sale ua- Icf) found. r to have tie fame exchanged. For Remedy whereof. I. Be It EnaJied by the Governor, Council and AJfembly, Tiiat the Treafurer of the Province be, and he is hereby impowered and direft ed, OR Application made to him for that Purpofe, to take up and receive all fuch Notes for Money borro;rcd as aforcfaid, and in Lieu thereof to give Receipts in the Form following, i( <> Province Nova-Scotia the the Sum of Day of RECEIVED of the Sum of for the Ufe and Service of the Province of Nova-Scotia, and in Behalf of fa.d Province. I do hereby promife and oblige myfelf, and fuccef- f»rt in the Oflicc of Treafurer to repay the faid or Order *' the Day of the aforefaid Sum of with In " tereft at the Rate of Six Pounds per Centum per Annum. «. "fl-^'''* ^'°*' ''''"^ '" ^''" of worn and defaced Notes heretofore « ifliied from the Treafury, amounting to the like or fame Sum and " now cancelled. Witnefs my Hand. Or in the followinj Form, at the Option of the Pcrf.n who Aall bring m fuch Notes or Receipts to be exchanged. Province of Nova-Scotia the RECEIVED of the Sum of for the Uf. .nd Service of the Province of Nova-Scttid, and in Behalf of " faid Province, I do hereby promife and oblige myfelf and Succef- «' fors in the Office of Treafurer, to repay the faid or Bearer "the Day of the aforefaid S«m of with Inttreft « at !hir R,tf of Six PsuBds per Cc^U^rr; p;r Mnm. This Cap. I. i77j. furer to iflue otes as have f tlie fcveral fn^/y of this vet/il Petfons v)lo rfuance of the fc- 'nbly of this Pio- Reafon that many dfoirn would pre- er to have tie •nbh, TJiat the cred and dircd- o take up and d, and in Lieu Day of ir the Ufe and ndin Behalf of elf, and fuccef- or Order with In- um. otcs heretofore fame Sum and ••'•n who/hall li the ■ the Vk and d in Behalf of :lf and Succtf- or Bearer with Inttrcft, This i772- '^nno Tertio D:cimo Regis Gborcii III. Caf. II. t9p. ti iffL f ^°'!,''!L"« •" Lieu of worn and defaced Note, heretofore «nued from the Treafury, amounting to the like or fame Sum, and now cancelled. Witnofs my Hand, U. And be it further Enaaed, That all Receipts fo iflucd by the inP^onor^- f R«»°fS.x Pound, per Centun^^r Annum, andfo g.vcn /hall be dated on the Day following the Day to which the Weft due on fuch Notes or Receipt, brought in I aforeOid wa! Ill And be it alfo further Enalfed, That all Notes brought into the Trcafury as aforefa.d, and for which Receipts ftall be given in Pur! fuance of th,s A& Aall be cancelled in Prefcnce of fuch pfrfon, a, Aa 1 nSoTthe ^ t'^'^ Governor Lieutenant Governor, or Commande Ad tnll K ;'""?u" "'"^ ^°^" ''^"'^ inPurfuance of this Ad. fhall be counter-figned by them, or *t Jeaft two of them, . Vf. Andbe itEnaffed, That when Notei of different Dates are Sciv t n r'^^ r ': "^'--^^^ ^^ -- ^--^ ^^^^^-^^ w7 ru nt ! '="^'"'*^''^"P°""^^ Note to the Day the new Note fhall be dated, and the Treafurer fhall pay faid Interefl L no^ include fuch Intereft in any new Note fo ifTuel V. i6. Ge0. 3. Cb. 2. Be it EnaHed, hy the Lieutenant Co-u^rmr Ivt^i^^'fi' That from and after tie publicatirof t'^Tr;; all PoOefTors of TreafuerVs Notes and Warrants on the Treafurv beanng Intereft, now out flanding, fhall. and th, y are hereby reour' ed to Exchange all fuch Notes and Warrant, at the TrJlc!. l^ Notes, infuchSumsasthePofTefror. fl:^ hit ^ btV::: Thl firfl day of November, and the Urft day ^i M»y. JA ^'\^' f"' '" '' '^^' ^""^"^^ That the Treafurer fhall and he ,, hereby required, to ifTue fuch new Note, in Exchange for fuch Notes or Warrants as fhall be brought to him f r tha Pu'r pofe, and to Date the fame at the Period, aforementioned, and ftall g.vc Receipts or Certificate, for all the Intereft wh,VK /u . iv. j fuch Notes or Warrants fo received whth/^an ^ u^' *^"' °" thereofto the Payment of furhW^fl''*" '"*''*^ '''' ^'"'^ Manner a, herein direded. fhall neverthelef, be oti ^5 the fame m with the Directions prefcri^ed by ZTat the reef VT^^' endue on fuch Notl;. or WarrLs. whth ;ln^;:^TIl^^^"^: reriou, nerein iimittcd, and i.epaid accordingly. ""'^^^ " "" VIII. Seff. 4. Sudi Netei t« bcir iater«ft. Notei Wrouglit in, t* lie cancelled ia prcfenceofPerfon» to be . % II I i ^oo. All PoirefT.iTJ •( Notci,lte.J)iill re- ceive the Imcrell on producing the ■Notei, 4cc, Notes brought to the Tre»fury for which new Nottf ire given to ke chincell'd II direc- ted by Ja. Get. J. caf. !. and the neir Notei counter I'tjn'd. Freimble. All AccouBtt of charges on obtiia- ing writs of p»rti-j tton CO be laid he- fure the Supreme Court, and whea •ppraved, two or more aflcflbrt to be appointed. amonnt tobe levied out of the profits ice. of Proprietor or perfon in pofleSon of lands, and paid to perfon appointed hy the Court. U Proprietor or perfon in pifleflioa refufes or ncgte£)s 10 pay fum aOcfs'd, (he fame aay be levied by diftrefs. Jnno fTeriioDecimo Rt^is Gionoii III. Cap. Ill, 1773. VIII. Self. 4. Md be it Enailed, That all Pofleflbrs of Notes and Warrants on the Trcafury bearing Intcrcft, fhall receive the Intcreft due thereon, on their producing to the Treafurer fuch Note or War- rant, any Law, Ufage or Cuftom to the contrary notwithftanding. IX. Seff. 5. ^fid be it ilfo Enaifed^ That all Notes or Warrants brought to the Treafury as aforefaid, and for which new Notes or Rcceipt»/hail be given in Purfuance of this Ad, fliall be cancelled as is diretftcd by the 13. Geo. 3. Ch. i. and the new Notes Ihall be coun- terfigned in Manner therein-mentioned. CAP. 11. An ACT for the rating and levying the Expcnccs attending the executing Writs of Partition. JCtXXJaJJS? HE RE AS Difficulties may arift in the Recovery of the IV Q Charges and Exptnces attending the executing U^riis of Par- 's tition^ unkfs the fame is enforced by Law \ I. Be it Enai1edi by the Governor ^ Council and jiffembly. That all Accounts of Charges and Expencei, which have already arifcn, or which may hereafter arife, for the obtaining and executing Writs of Partition for the Divifion of Lands in ly Townfhip or Place in this Province, until final Judgment thereon, together with the Charges for Surveying the Hud Lands, and all other incident Expcnctt rela- tive thereto, /hall be laid before his Majefty's Supreme Court, and when the fame fliall have been approved by the faid Court, two or more proper Perfons fhall be appointed by the Court to aflefs the Amount thereof, in due Proportion on each feveral Share a Hotted and afllgned to each and every Proprietor, and be levied out of the Pro- fits and other extendible Goods and Chattels thereon, or belonging to fuch Proprietor or Perfon in Poffeflion of the fame, or any Part there- of, and ftiall be paid to the Perfon or PerfoMs appointed by the Court to receive the fame. II. And be it EnaHed, That if any Proprietor or other Perfon in Poffeflion of any Land allotted and afllgned as aforefaid, fliall refufe or negleft to pay the Sum aflTefledas his Dividend or Proportion of the Charges aforefaid ■, It fliall and may be lawful for any one of his Ma- jefty's Jufticcs of the Peace, on Complaint of the Receiver appointed es aforefaid, to iflTue a Warrant of Diilrefs and Sale of the Delinquent's Goods and Chattels for the Recovery of the Sum fo aflefled with the in. And I' 1773- Notes and the Intcrcft te or War- landing. r Warrants w Notes or :ancellcd as lU be coun- 1774- -^nn* ^ario Dedmo Rfgi^ G^onGu 111 Caf. I. Expcnccs ion. >very of the ■Us of Par- ry, That all r arifcn, or g Writs of Mace in this he Charges lencti reia- ^ourt, and urt, two or aflefs the 1 Hotted and )f the Pro- )elongingto Part thcre- ^ the Court Perfon in kll refufe or >rtion of the of his Ma- appointed )elinquent's :d with the III. And be it alfo Enaaed, That in Cafe no Perfon be refident on *ny Lands allotted and afligned as aforefaid, nor any Good, and Chat- tels thereon, whereby the Sum due at aforefaid may be levied, it fliall and may be lawful for any one of his Majefty's Juftices of the Peace to let out any Part of fuch Delinquents Lands as may be fufficient to pay, by the Produce of the fame, any fuch Dividend, Proportion or Charge fo due, and in cafe no Perfon fliall offer to hire the fame, fuch Lands ftiall be held chargeable therewith. At the General Assembly of the Province of Nova Scotia, begun and holden at Ha- lifax, on the Sixth Day of June, Anno Domini 1770, in the Tenth Year of the Reign of our Sovereign Lord GEORGE the Third, o{ Great Britain, France, and Ireland, King, Defender of the Faith, &c. and there continued by feve- ral Prorogations until the Sixth Day of OSioher, 1774, in the Fourteenth Year of His faid Majefty's Reign ^ being the Fifth Seflion of the Fifth General JJJembly con- vened in the faid Province. C A P. I. An Aft to prevent Wafte and Deftruftion of Pine or other Timber Trees, on certain rcfcrved and ungranted Lands in this Province. J+^Hh^* here as His Majefly has been pleafed to referve, andfet "j: JV Y '^P'"'^ ff^tral Traih of Land within this Province^ for the X f fpecial Purpofe offecuring to the Crown, a Perpetual Fund 4*4^^mH- /<"• the Supply of Majis, and Ship Timber for the Royal Navy^ particularly all tbofe Lands on St. John's River abne the prefent Settle- ments^ dud the Itland nf Cape Breton. 20I. In care so perfon rtfident on lands no (oodi or cliit- teli thereon where- bj afleflroent may be levied, ihelandi t* be let or keM chargeable. Preifflble. III. And c c Tn zoj. Anno ^^larto Dccimo Regis GiiOBoii III. Cap. I. 1774- If any Perfon fpoil, lUTdown ordc'lroy ttc. any Pinei oro- tlirr Timber grow- ing on refervM »nd ungrantcd Lmds, or carry oft" any Timber. viilefj by Licenff from the Governor ccnifyingthat the fame is for hii Ma- •elly'j ufe. S ich Perfon being convidU'J thereof. (lull piiy aFine not exceeding/ioo. to be recovcr'd in any Court of Rc- card. Offender unable to pay Fine fhall be impiifonc^ Six Monthi. vritkout Bail. If any Perfon ftall piirp(rf'ely and ma- licioufly fet fire to any place wiihin the limits of re- fervedand ungrant- ed Territories, and thereby deftroy Timber, fee. on Coiiviflion (hall iulTci as a Fclnn. This Aft not to ex- tend to Firewood & underwood ufed in the Fithery and within half Mile of Sea Shore. Perfons inhabiting the Ifland of Cape Brefn and fuch as arc employed in the Filhery may cut down and ufe f'jcb wood at in'A\ be ncceflary for Fuel and the Fi(h- ery. In Order therefore, ibat tbe fame be effeSlually ficured ogaiujl any IVajle or 'Trcfpafs, I. Be it Ei:a.ied, by the Governor^ Council and AJfembly, That if any Perfon fliall fpoil, cut down, or any otherwifc injure, or deftroy any Pines of any Dimenfions whatever, or any other Timber Trees, grow- ing on the afore-recited rcferved and ungranted Lands, or fhall caufe the fame to be done, or (hail cut down, or carry ofF any Tree fit for a Maft, from the faid Premifes for every Tree fo cut or carried off, and for each and every OfFencc, or without having firft obtained » Licenfe therefor, from the Governor, Lieutenant Governor, or Commander in Chief, for the Time being, certifying that the faid Pine Trees, and Timber fo to be cut, arc for the folo Ufe of His Majefty and for no other Purpofe. All fuch Perfons being duly con- vidled of the Wafte and Trcfpafs aforefaid, he or they ftiall forfeit and pay to His Majcfty a Fine not exceeding One Hundred Pounds on due Conviftion thereof, before any of His Majefty's Courts of Record, in any County within this Province, by Adiion of Debt, Bill, Plaint, or Information, one Half of the faid Fine to be paid to the In- former, the other Half to His Majefty for the Ufe of the Province. II. And be il further EnaHed, That if fuch Offender on due Con- vidtion, fliall be unable to pay fuch Fine, that it fhall and may be law- ful for fuch Court, before which the Conviftion fhall be made to im- prifon fuch Offender, for the Space of Six Months without Bail or Mainprizc. in. And Whereas the fetting fire to any Wood Lands, is often attended with gf eat Dejfru^ion of Timber 'Trees and otherwife deflroys and prevents their Groictb ; Be it Enailed, by the Authority aforefaid. That if any Perfon fhall purpofely & malicioufly fet fire to any Places within the Limits of the aforefaid referved & ungranted Territories, and thereby deftroy any of the young Growth, or Timber Trees thereon, upon due Convidion before his Majefty's Supreme Court, Court of Afti/e and General Goal Delivery, fuch Crime fhall be adjudged Felony, and fuch Perfon fo conviftcd fhall fufFer as a Felon. IV. Provided, That nothing in this A any Town- c found refufe or negleS ta appreh';nd fuch Of- fender toforfcitioj. CAP. III. An Aa for punifhing Rogues, Vagabonds, apd Other idle and difordcrly Perfons. )|pO()<()(()^ /-: // £/w.7c^, hy the Coverm\ Comcil and Alfcmbly, That ^ ^ g all Soldiers belonging to His Majefty's Troops in this Swww^ I'rovince, or Seamen or Mariners belonging to any of :'R.5^^?«>K l^Iis Majefty's Ships or Veffels, vvhoftiall be travelling or vrandenng within the faid Province, and fhall not have a Pafs from the Coinmanding Officer of the Regiment, Company or Ship or Vcf- fel, to which they belongs, and all idle and wandering Perfons, who /liall not have a Pafs, or Tcftimonial from fome Juftice of the Peace, fctting forth, the Place from whence fuch Soldier, Seamen or Mariner.* or luch other idle and wandering Perfon fhall have come, and the Place to which they are to pafs ; every fuch Soldier, Mariner ar Sea- men or other Perfon, flial! be deemed idle and difordcrly Perfons, and fhall be proceeded againft, as is herein after diretfted. II. Andhf it alfo Ena!tei^ That all Perfons who nm away, or threa- ten to run away, and leave their Wives or Children upon any Town- ship, and all Perfons who unlawfully return to fuch Townfhip, or Place from whence they have been legally removed by order of two Jufticcs of the Peace, without bringing a Certificate from the Town- ihip whereunto they belong, and all Perfons who not having where- with to maintain themfclves, live idle and refufe to work for the ufual Wages, and all Perfons going about to beg Alms, (hall be deemed idle and difordcrly Perfons ; and it fliall be lawful for any Juftice of Peace to commit fuch Offenders (being convifted by his own View or by Confeflion, or by the Oath of one credible Witnefs) to prifon, or to the Houfe oi Corre do, refufc clivcr to the mder before h'iAed upon . rt. - 1 1 r.. ihip, to be IcTied levied by DiftreCs and Sale of Goods by Warrant from any Juftice, and in Cafe any Pcrfon not being a Conftahlc or Officer, apprehend any Deferter or idle w.indering Servant, or other Pcrfon, and deliver him to a Conftable or convey him to a Juflicc, or if any Conftable fo apprehend and convey fiuh Deferter or idle wandering Servant, or other Pcrfon, it rtiall be lawful for fuch Juftice to reward any fuch Conftable or other Perfon, by making an Order under his Hand and Seal on the Trcafurcr of the County to pay Ten fhilling to the Per- fon fo apprehending him on producing fuch Order and giving a Re- ceipt, and the Juftices at the General Seffiom, /liall allow the fame to fuch Trcafurcr in his Accounts, upon his producing the Vouchers aforefaid. IV. And be it EnaHed, That any One or more Juftices of th- Peace on receiving Information, that Deferters or any idle and difordcrly Perfons are in any Place within his or their Jurifdidion, /hall imic his or their Warrant to the Conftables to fearch for and apprehend fuch Deferters or idle and diforderly Perfons, and in Cafe any Perfon ap. prehendedupon any fuch Search be charged before fuch Juftice or Juftices with being a Deferter from His Majefty's Navy, or Army or an idle and diforderly Perfon. or with Sufpicion of Felony (altho* no dircft Proof be then made thereof) to examine fuch Pcrfon, not only as to the Place from whence he came, and where he was laft le- gaily fettled, but alfo, as to his Manner of livelihood, the Subftance of which Examination ftiall be put in Writing and be figned by the Pcrfon fo examined, and the faid Juftice or Juftice. ftxall cJn the ftme and tranfmit it to the next General Si^ms of the Peace for the County, or Special SeJJ,cns for the Dittrift where fuch Juftice or Juftices refide. to be filed and kept on Record, and if fuch Perfon ft^ould not make ,t appear to fuch Juftice or Juftices, that he is not. Deferter and that he has a lawful Way of getting his Livelihood by Labour or other wife, or procure not fome refponf.bleHoufe-keeper to appear to hisCha" rafter, and give Security for his Appearance before fuch Juftice orjufl fees, at fome other Day (in Cafe the fame be required) fid Juftice or Juftices fhall commit fuch Perfon to fome Prifon orHoufe of Corredti^ for any Time not exceeding Fourteen Days, and in the mean Time to .^der the Overfeers of thePoor of the Townftiip orPlace, in which ftch Perfon is apprehended, to infert Advertifement in the public News Pa per. defcribing fuch fufpicious Perfon, and any Thing found upon him or in his Cuftody, and which he is fufpedled not to have come honeftly by, and mentioning the Place to which fuch Perfon is com- mitted and fpecifying when and where fuch Perfon is to be again Wought before the fa.d Juftice or Juftices to be examined, and if no Accufation be then laid againft him, fuch Pcrfon ftxall be difcharaed ox othcrwifc dealt with according to law. * 205. Ftny Pcironnat being ■ Conflibic •pprchend Defer- tenor idle wtiider' ingServinlK.&c. and deliver him to ConlUbleor con- vey to I Juftice » or ConftiMe fo ip> prehend fiich Oe. leriei ing 0tferteri, Ac . Lunatici t« be con - fined by Wirriit of Jufticet. Atttto ^lario Dtcimo Rf^is Gionou. III. Cap. III. 1774. V. And id it alj'o further EnaileJ, That if any Conftahlc or Other Officer, or Mafterofany Houfc of Corrcdlion be negligent in his Duty in the Execution of thii Adl, or in Cafe any Perfon difturb the Exe- cution of this Aft, or rcfcuc any Perfon apprehended or pafling by Virtue thereof, or be alFilting to his or her Efcapc, and be conviifled thereof upon the Oath of one credible Witnefs before one Juftice of the Peace, where fuch offence is committed, thePcrftr fo offending, for every fuch Offence, (hall forfeit any Sum not exceeding h'ivt Pounds, nor Icfs than Ten Shillings, to the Ufc of the Poor of the Town, (hip, to be levied by Diftrefs and Sale of the Offenders Goods, by warrant from fuch Juftice, and if fufficicnt Diftrefs cannot be found, it fhall be lawful for fuch Juftice to commit the Perfons fo offending to Prifon, or to the Houfc of Corrcftion, there to be kept to hard Labour for any Time not exceeding two Months. VI. And be it Enabled, That if any Perfon fhall knowingly pernut any Defcrter or idle and wandering fervant or Vagabond to lodge in his or her Houfe, Barn or other Outhoufc or Buildings, and fhall not apprehend and carry fuch Deferter or idle Servant or Vagabond before Tome Juftice, or give Notice to fome Conftable or other Officer fo to do, fuch Perfon being thereof convifted, either on Confcffion or upon Oath of one credible Witnefs, before a Juftice where fuch offence i$ committed, fhall forfeit any Sum not exceeding Forty Shillings, nor lefi than Ten Shillings, one Moiety to the Informer, and the other Moiety to the Poor of the Townfhip, to be levied by Diftrefs and Sale of Goods by Warrant from fuch Juliice, and if any Charge be brought upon any Townfhip or Place by Means of any fuch Offence, the fame fhall be anfwered to the faid Townfhip by fuch Offender, and be levied by Diftrefs and Sale of goods, and if fufficicnt Diftrefs can- not be found, fuch Offender fhall be committed to prifon or to the Houfe of Correction by the Juftice for any Time, not exceeding one Month. ^ Provided, That any Perfon who fhall have been profccuted and fined on the Aft of Parliament for concealing or harbouring Deferters Ihall not be again profecutcd for the fame, on this Aft, VII. And be it alfo Enabled, That where Perfons by Lunacy or otherwife, are furioufly mad, and dangerous to be permitted to go abroad, it fhall be lawfull for two Juftices where fuch Lunatic is found, by Warrant direftcd to the Conftablcs, Church Wardens and Overfeers of the Poor of the Townfhip or Place, to C'aufe fuch Per- fon to be apprehended, nnd kept fafely locked up in fome fecure Place within the County, as fuch Juftices direft, and if fuch Juftices find it neceffary to be there chained, if the laft legal Settlement of fuch Perfon be in any Place within fuch County, and if fuch Settle- ment be not there, fuch rsi fon fnili be fcnt to the riscc of his bft u ■ in. 1774- 1774. Anno ^iarto Dedmo Regis QionQu III. Cap. IV. io;. ;ahlc or Other ;nt in his Duty lurb the Exe- or pafling by 1 be conviifled one Jufticc of r fo offending, xceeding hive of the Town- :rs Goods, by not be found, 5 fo offending e kept to hard wingly permit ,d to lodge in , and (hall not tgabond before r Officer fo to feffion or upon fuch offence i$ Shillings, nor and the other t Diftrefs and my Charge be fuch Offence, Offender, and t Diftrcfi can- rifon or to the exceeding one jrofccuted and iring Dcferters by Lunacy or rmitted to go ch Lunatic is Wardens and ufe fuch Per- ic fecure Place fuch Juftices Settlement of r fuch Settle- legal Settlement by a pafs, and fhall be locked up and chained by Warrant of two Juftices of the County to which fuch Perfon is to be fent, and the Charges of removing and maintaining and curing fuch Perfon during fuch reftraint (which fliall be for fuch Time only as fuch Madnefs continues) fhall be paid, being firft proved upon Oath, by Order of two Juftices diredtlng the Church Wardens or Overfeers of the Poor, where any Goods, Lands or Tenements of fuch Perfon be, to feizc and fell fo much of the Goods or receive fo much of the Rents of the Lands as is ncccffary to pay the fame, and to account for what is fo feized, fold or received f the next Sfffiom of the Peace ; but if fuch Perfon hath not an Eftate to pay the fame over and above what is fufficient to maintain his or hef Family, then fucli Charge fhall be paid by the Townfhip or place to v/hich fuch Perfon belongs, by Or- der of two Juftices, dire^ed to the Church Wardens or Overfeers. Vin. Providerl, That nothing herein contained, fliall extend or be conftrucd to extend to abridge the prerogative of his Majcfty, or of the Chancellor, concerning fuch Lunatics, or reftrain any Friend or Re- ' . Jon of fuch Lunatics from taking them under their own Care. IX. jitid be it alfo further Ena£Jed, Th.it if any Perfon or Perfons fhall be fu fembly^ That all Accounts of the Receipt of any Monies ^ ^ arifing from any Duty or Taxes granted and raifcd, and )J()J()J()J()J( that hereafter fliall be granted and raifcd by the Gcneral- JJfemblyy for and towards the Support of Government or otherwifc, and the Accounts of the iffuing and Difpofal of all fuch Monies as have, or fhall rome into the Treafury by any Ways or Means what- foever tity of landiwitti the valpc thsreoi, Vsidirt to be rc- turn'd under their hands and Seals, andbeentet'd with the clerk of court. on the monies fo afcertained by the verdift being pai4 to proprietor Sc: . or on refufal to ac- cept the f.»me in Court. faid hnds to b'' veiled in hij Ma. jefty &c. All lands hereto- fore taken for fuch ufe to be pro- ceeded nn agrcable to thisAA. If Sheriff or deputy Jhdl refufoto Sum- mon jury to forfeit £to. and if any of the jiry Summoned do not attend &c. to forfeit ^j. Hhh CAP. II. II. And 2i4. Anno OHavo Becimo Regis Gjeorgii III. Cap. II. 1778. v\ HieimbJt. The chief Jafticc of the Supreme caurt, or in hit tbfence any other judge of faid court, every year to no- minate three pcr- fonj and prefent lift to Governor ie. • who i] to prick out one to ferve the otKce of Sheriff, faij Sheiifl'togive lecurity and be in- vefted with the powers atid au- thority of a high Sheriff and be luh- jedl to all fuchLavvi ic. of Engl«i\d & ol thij Province. Sheriff to render an account in two Months after the Expiration of their office upon oath of all fines &c. C A P. 11. An Adl to impower the Governor Lieutenant, Governor or Commander in Chief, to appoint Sheriffs in fuch Counties where it may be found neceffary. -♦■ X HEREAS at theTime of the Appointment of a ProvoftMarflMill ^r "i^ for the Province, no civil Efiablijhment bad taken Place, an/it be ^ Number of Inhabitants were very few and confined within a ■i^jil^ji^.^j^ fmall Compafs, andlVbereas ftnce that Period, by the great Encrfafe and Ex ten/ton of the Inhabitants it was of late Tears found expe- dient to divide the Province into Counties^ feveral of which are remote from the Metropolis, whereby great Inconveniences are daily felt by the want of Sheriffs in each County. II. Be it therefore Enalled by the Lieutenant Governor, Council and Af- fembly. That it fliall and may be lawful for the Chief Juftice of his Majefty's Supreme Court, or in his Abfcnce for any other Judge of the faid Court, once in every Year, that is to fay, on the laft Day of Mi- chaelmas term annually, to nominate three proper & fit Perfons to be made high Sheriffs for each County in the Province, a Lift of which they are hereby diretftcd to prefent to the Governor, Lietitcnant Go- vernor, or Commander in Chief, for the time being, who is hereby impowercd immediately to prick one out of the faid Number for each County to ferve the Office of High Sheriff for the enfuing year, which Sheriff being rcfident in his proper County, Ihall immediately upon his receiving his Patent, & having entered good & fufficicnt Security for the faithfull Execution of his Office in the Secretary's Office fof the Province, be fully inverted with all the powers and Authorities of a High Sheriff, and rtiall be fubjedt to all fuch Laws, Cuftoms, Or- dinances, Regulations, and Direftions as the High Sheriff in the fo- veral Counties in the Kingdom of England are fubjeft, and /hall alfo be fubjed to all fuch A6t» of this Province, which in any way or Man- ner relate to the Execution of the Office of aProvoft Mar/hall, and be intitled to the fame Fees as are Eftablifticd by Law for the Provoft Marfhall. III. And be it further EnaHed, That the faid Sheriffs fliall within two Months after the Expiration of their Office being duly Summon- ed by the Supreme Court render a juft and true Account upon Oatli to faid Court, of all fuch Fines, Iffues and Amerciaments which have been levied and received by them during the Continuance of their faid Office undei ;i Penalty of Fifty Pounds for cs.h and every Ncglcft. IV. A'd II. I77S. .778. Juno OSlavo Decimo Re^is Georgu III. Cap III. 21 leutenant, o appoint be found ovoJlMiirJlMilt Place, andtbe ned "wilhin a by the grenf s found expe- e remote from y the want of ouncil and Af- iftice of his udge of the Day of Mi- 'erfons to be jift of which iitcnant Go- 10 is hereby bcr for each year, which liatcly upon iciit Security 's Office fof uthorities of iftoms, Or- ff in the fo- nd /hall alfo vay or Man- hall, and be the Provoft fliall withia ly Summon- t upon Oatli 1 which hava of their faid 1 Ncglcft. IV. And IV. And he it alfo Ena^cd, That when any Pcrfon or Perfons who fhall be fo appointed to execute the faid Office of High Sheriff, ftiall lefufe to accept the fame, the Pcrfon or Perfons lo refufing fhall be fwbjcd to a Fine of Fifty Pounds for fuch his Rrfufal, and upon fuch Retufal the Governor, Lieutenant Govi^ .or oi ^„oinmandcr in Chief fhall and may prick any other of the Number then remaining upon the Lift fo returned as aforcfaid. V. And be it alfo further Enabled, That the SherifF fo appointed Sheriff to continn ftiall continue in Office until another fhall be fworn in his Stead. j" f" ""'"" Perfons appointed Sheriff refufing to leccpt /hall pav a •ineofjfSO. ■nd Governor, &c. to Prick anotlier. e her VI. And be it En.ulcd, That the feveral Fines and Forfeitures im- pofcd by his A«' condition of S^e Bond, and there abide by the Order of the Court, or sive Bail to Z Satisfadion of the Plaintiff, and Approbation of .^^IZX Tb d by the final Iffue and Determination of the Suit or if th/nlr a fro. rome Impediment (hall not appear. l!:iZ^i^^:t^, .cnt Perfons to be approved of by the Plaintiff and Court, (hall oKtt to become and give Bail in manner aforefaid. in fuch Cafe the BaU ^^' for 217. abfcnce of JuHges bel»re I Juf. peace, iflidivit to be Aled with the Clerk ot the court, fum fworn to indor- fcd on the writ. Ifplaintifr be ab- fent, hia attorney may file hij affidi. vit. on which the lilte C" nweediags (hall had upon Bail given, the officer to let de- fendant go at large. if defendant do not appear to give Bail to abide the final event of the fuit judgment to be en<. terd againft him by Defaalt. and Bail BonU «1 ■ (igned. upcn Defendants •^pearanee or gi- ving fpccial Bail, the Bail bond t* be difcharged. ■■"■'s m §11 m 2lS. Anno Dedmo nout Rtgis GeoRcii. III. Cap. I. i77'J- )i Freimble. J«fticei in Seflioni fliall mike regula- tion! for ihe pre- venting tlie going at large of infefled Horfei and Cattle. any Perfon tranf- greflingfuoli Kcgu- liiioni to toifeit or Appearance only, ftiall be d?fcharged, and fuch Defendant or De- fendants fhall be intitled to all the Privileges of Law, and in no other Cafe whatfoever, unlcfs contented to and agreed upon in open Court betw utifF and Defendant or their Attornics in their Bel.alf. At the General Assembly of the Province of Nova Scotia, begun and hoi den at Ha- lifax, on the Sixth Day of June, Ju- no Domini 1 770, in the Tenth Tear of the Reigrt of Our Sovereign Lord GEORGE the Third, o( Great Britain, France, and Ire- land, KING, Defender of the Faith, &c. and there continued by feveral Proroga- tions until the Seventh Day of June, 1779, ^" ^^^ Nineteenth Year of His faid Majefty's Reign, being the Sixth General Jffcmbly convened in the faid Province. C A P. I. An ACT to prevent the fprcading of Diftempers among Horfes and Cattle in this Province. X'^cf^^'X HERE AS great Damage £5" Inconvenience may arife by ihe P ^ P ^"'"-S" "^ '"'■.?'' of Horfes, Mares, or Geldings and Cattle, which ^ ^ are infeSled with Difeafes liable to be communicated to other Xj^nehX Horfekindor Cattle •, I. Be it EnaSted, by the Lieutenant-Governor, Council and Apmhly, That the Juftices of the Peace in each County or Townftiip, impaw- ered to hold Seflions of the Peace, (hall have Power, and they are here- by directed to make Regulations for the preventing the goin" at large of infefted Horfes, Marcs, Geldings and Cattle, and the fprca- ding of Diftempers among them, in Manner as ftiall be mod agree- able to the Circumftances of fuch County or the Townfliips therein, and any Perfon who ftiall tranfgrcfs fuch Regulations fo made, ftiall be fubjeft to a Fine not Exceeding Ten Pounds, to be recovered on Complaint or Information before any two of his Majefty's Juftices of the Peacf- for the County, wherein the Offence ftiall be committed, or >77y' endant or De- md in no other in open Court rnies in their Province 1 at Ha- mey mili- ar of the lORGE , and Ire- lith, &c. Proroga- )f June, His faid h General ^rovince. 1779. Anno Dcdmo nono Regis GtoRoii III. Cap. II. 215; :e. empers y arife by the ' Cattle, whicb hated to other and AJJemhht Ihip, impaw- thcyarehcrc- the going at ind the fprea- moft agree- hips therein, made, iha\\ ■ecovered on J Juftices of : committed, or or before the Juftices in the Scfllons held for fuch County or Town- ship, and be levied on non-payment thereof, by Warrant of Diftrefs and Sale of the Offender's Goods and Chattels, and applied for the Ufe of the Poor of the Townlhip where the Offence ftall be committed. CAP. II. An ACT, to Regulate Abufes in the Sale of Hides and Skins. g)8C56i:3e(g HERE AS notwitbjianding the Penalties to be inflilted by 2 ^^ S '^^ ^"^"^^ "f '^'■' Province on Butchers or ether Per/onSy who M. 3e( Jballgajhy cuty fplit or flaw the Hides of Cattle, Calf or Sheep IlBC)e()8:jeC^ in-fleaing thereof, or otheruiife, great Abufes are daily com- mitted to the great Injury of the Public, I. Be it EnaHed by the Lieutenant Governor, Council and AJfembly^ That the Perfons appointed Searchers and Sealers of Leather, fliall view every Hide or Skin of any Cattle, Calves or Sheep cither in the Slaughter Houfe or at the Tanners, before the fame Aall be delivered on Sale, and if he ftiall find the fame to be gaflied, cut, fplit or Flaw- ed, there (hall be an Allowance made in the Price thereof to the Buyer, as rtiall appear, to the faid Searchers and Sealers of Leather, to be juft and equitable, and any Butcher or other Perfon, who fliall not call on the faid Searchers and Scalers of Leather to view fuch Hides or Skins before fuch Sale, Ihall forfeit and pay a Fine of Twenty Shillings, for every fuch Hide or Skin not expofed to view as afore- faid, to be recovered before any one of His Majefty's Juftices of the peace, and be levied by Warrant of Diftrefs and Sale of the Offen- der's Goods and Chattels, one half thereof to be pais to the Informer or Perfon fuing for the fame, and the other Half to the Poor of the Place where the Offence Ihall be committed. II. And be it alfo Enailed, That the faid Searchers and Sealers of Leather fhall be paid for their trouble in viewing the faid Hides and Skins, that is to /ay, 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. Pre«nible. The Seirekers'and Sellers of Leather to view every hide orflcin of cattle, Calvei or fteep be- fore delivered on fale, and ifgafli'd &c. an aliuwance to be nude in the price. Any butcher or o- thers who fhall not call on fearcherj of leather to view the Tame before the fate, fliall pay a fine of 20S. for every hide Sec. to be recovered be. fore onejuftice, one half to infok'mer or Perfon fuing, and ooehalftathepoor. Searcheri & fcalera of Leather to be paid for their Irou' bit. CAP. III. 2 20. li Prcimblc. The Account oi£(. pcncei for cKQigg round/ (hall Defcre payment be appro- ved by two Jufticet of ihe peace, and the coll there* of levied by AflicIT* meat. 4nnt Dtcimt tmo Rt^is GeoKOii III. Cap. Ill 1779, CAP. III. ^n ACT for providing Pounds in the fcveral Townfhips in this Province. lr.*^jS^S. HE RE AS the Manner of raifwg Money for the ereitu;^ W ^ ^"""^^ '" tbefevcralTownJhips in this Province^ hy the Ati ■^ made in the Fifth Year of his prefent Majejly's Reign, inlil. yMVefJ"*^ led, an Aft for the raifing Money by Prcfcntment on the feveral Counties in this Province, for the defraying certain County Charges therein mentioned^ iffaund inconvenient % I. Beit Enatled, by the Lieutenant Governor, Council and AJfembly, T.h«t the Account of Expenccs for erefting a Pound or Pounds in any Townihip, fliall before Payment be approved by two Juftices of the Peace, I'cfiding in the Townihip where fuch Pound or Pounds (h^ll be ereftrid, or by two Jufticet of the Peace in the County wherein fuch Townfhip (hall lie, and the Coft thereof (hall be levied on the Inhabitants of fuch Townfhip by Affeffment in Manner as is provided for levying the Monies voted for fupport of the Poor and recovered accordingly. Freinible. APablieMarketto be EftaoliniM in Halifax for (he fate of live neat cattle CAP. IV. Ail ACT for the cftabliHiing a public Market for the Sale of live Stock within the Town oi Halifax. K'^y^l^ HEREAS for want of an ejlahlijhed Market for the Sale of Sv^^cS li've Stock within the Town 0/ Halifax, many evil minded Per- ^"Xr^y)^ fi'^^t t^o f^reftall and engrofi the live Stock drove to the Town ht)f(^y^ji 0/ Halifax, and have hereby greatly enhanced the Price of all Kinds of Butcher's Meat, to the great Diftrefs of the Poor and other In- habitants of the faid Town, as alfo for the Want of fomt Public Place of Salet the Farmers and Drovtrs are greatly impofed upon; in order therefore to remtdyfo great a Mifchiefand Inconvenience. I. Re it EnaHedhy the Lieutenant Governor, Council and AJfembly, That there ftiall be a public Market eftabliftied within the Town of Hali- fax, for the Sale of Live neat Cattle, Sheep, Lambs, Calves and Swine, in fuch Place as the Governor, Lieutenant Governor or Commander inChief of this Province for the Time being, ftiall appoint, orfct a part for that Purpofe, and all fuch live Stock ss aforefaid, ftiall be there fold, and in no other Place within the Diftance of Ten Miles iVom Halifax, II. ArJ Ill 1779. ^•— — "T 1779' ^I'liio Dtcimo iivno Rf-iris Qe.Qv.v.u HI. Cap. IV. ic fcveral the treeing ', hy the Ait feign, intit- ment on the tain Countv Md Affembly, )unds in any [liccs of the Pounds fh.ll nty wherein 'ied on the is provided 1 recovered irket for Halifax, •■ the Said of mittiied Per- to the ToKH ■ Price of all nd other Iit- blic Place of der therefore embfy. That wn of Hali- and Swine, Commander int, or fct a d, fhall be Ten Miles II. Jtni be it alfo Ki , every Day in the ' Veek 1 at the Market aforcfaid, fhall be held •iuay's excepted; and if any Butcher or Other Pcrfonwhatfo ver, at iny other Plac, in Halifax, than the Mar- ket 1 lace fo fet a p . o,- thin Ten Miles thereof, /hall purchafe any Live Stock, .,c or t;. 1 all be deemed Forcftallers and Regrators. And in order t*' . Market. ;t to Kulc, order and regulate the faid III. Be tt E>:ailer}, That th« Juftices of the Peace in the County of l/ahfax, are hereby impowered in their General Seffi^ns of the Peace or at A^pecal i^eM.ons called for that purpofe, to nominate and appoint a Uerk for attendmg at, and overfeeing the faid Market, and thcv Ihall have Power and Authority at their faid Sefllons to make fuch hye La>vs for the better governing, ruling and ordering the faid Mar- ket, not bemg repugnant to the Lawsof OVv^/ Britain, or of this Pro- vince, and to fct and imiH)fe a Fine not exceeding the Sum of Forty Sh.lhngs, for each and every offence, and upon due Conviftion of any Offender agamfl them, to levy the Fine by Warrant of Diftrefs and aale of the Offender's Goods. IV. And he it alfo Enabled, That the Juftices of the Peace in their SclTions aforefaid, Ihall alfo have full Power and Authority, to make fuch bye Laws as may be necelTary for the better governing, ruling and ordering the Market already eftablifh'd, for the Sale of Dead Provifions (not being repugnant to the Laws aforcfaid) and by fct- ting a Fine not exceeding Forty Shillings in Manner aforefaid, for the Enforcement of faid Rules and Orders, and to be recovered as aforefaid. V. Provided always. That nothing in this Aft contained, ihall debar the Agents or Contractors for vidlualling his Majefty's Ships and Army, from purchafing in the Manner heretofore praftifed. VI. Andit alfo further Enabled, That all the Fines and Forfeitures arifing m Purfuance of this Aft, fhall be applied to keeping faid Mar- ket Places m repair, and if there fhall be an Overplus, the fame fhall be applied for the Ufe of the Poor of the Town of Hdifax. VII. Provided, That nothing in this A)' the uiiic «s aforefaid, fugh Collcftor Prttmble. Jufticci in Gmtrml tr Spttiat StJStm to appoint aanuilly • ColleAor ^f Rate* It Tiaei (w the Townfliip of Ha/i- StiJCoUe^lortoar- count every Montk tad ptj Money re- •ciTid by him. -124. Ar.no Vicefftmo Regis Georgii III. Cap. II. i;};©. ■'. A ~T Colice^tor /hall and may be profecuted hy Bill, Plaint or Information m any of Ills Majefty's Courts of Record. Tol,c.l.ov..d/.» J^hff'^'f'^n' That the Colledor appointed .s .forefaid per Cent, tor ed- ""'''' ^^ ='"°W'=^' ^"' P°""'^' P^'^ CcHt, for collcfting and paying in the itciing. Rates and Taxes as aforcfaid. "fcamWe. A Sum not e.xccfd- ingjf 1500. to be granted forercfting a Building in Ha- lifax for a School. AIl;»vr«nce to the Milter and for Af- fiftance. Five Perfoni to be Anntully uppeint- od ai Truftees and i)ire^ors by the Uavernot &c. Said Trufteei to be accouniablc to the Legiflalure. CAP. II. An ACT for Eftablifliing a publick School in the Town of Halifax, '^SK0:0J^ HERE AS every puUickAtt onion to the Education of Youth '■0 W p^ is <■/ the iilmojl Impoitance in Society^ and whereas it is im- §)&ia©0'§ ^''"'^'''"^^'' '" pr-ec'tre a per/on fufficienlly qualified for that ;■' ' Purpofe, without making a handfome and liberal Provifion for his eafy Suj>port and Maintenance. I. Be it EudHed by the Lieutenant Governor, Council and Affemlh, That a Sum not exceeding fifteen Hundred Pounds, be Granted for the Purpofc of creAing a proper and convenient Building in the Town of Halifax, for keeping a Publick School, which Sum fhall be raifcd in Manner hereafter to be dire died by the General AJfembly. II. And heii alfn Ena^ed, That a Sum not exceeding One Hundred Pounds be annually granted in the Eftimate for the Expences of Go- vernment for the Support of a School -mafter, and when the Number of Scholars fhall exceed Forty, that a further Allowance of Fifty Pounds Yearly be included in the faid Eftimste for the Afliftancc of the faid Mafter in the Support of an Uflier, which the faid Mafter Iball in thar. Cafe provide. III. And he it further Ena^ed, lat there (hall be annually appoint- ed by the Governor, Lieutenant Governor, or Commander in Chief of the Province, five reputable Perfons as Truftees and Direftors of the faid School, one of which to be Prefident, who are hereby impow- ered to make Bye- Laws and Regulations for the faid School, and who fliall be incorporated for that Purpofe, to be enabled to fue and be faed, to hold Grants of Lands, and to receive Dor.u.Ions for the En. dowment thereof. IV. And he it alfo further Entiiled, That the faid Truftees and Di- rctftors Ihall be from Time to Time accountable to the Legiflature of tlie Province for their Conduft and Management of the Property fu to be Vefted in them. i'- V. And ITJ'O. Information as iiforefai'd aying in the )ol in the ticn of Youth 'tis it is im- finl for that al ProvifiOii mlh; TJut :ed for the Kc Town of 3e raifcd in le Hundred ices of Go- le Number e of Fifty ^fliftancc of aid Maftcr lly appoinr- er in Chief )ire(5tors of by impow- 1, and who uc and be or the En. s and Di- iflature of ropcrty fu V. Anj J7"»- 'inno ViceJJimo Primo Rr^^is Georgii III. C Af. I. 2Zt Year t'otir I^ H" f J--'"--" " ^^'^ School twice every S'^^'^^SSo.r Si; aZ;!;^^^^ ^'= ''^" ^°"'^y "^^"^> -'I *h= F-ft Monday of £'r£;-'- At the General-Assembly of the Province oi Nova-Scotia, begun and holden at Ha> fax, on the Sixth Day of >«,, J„no Domim I J JO, in the Tenth Year of the? Keign of our Sovereign Lord GEORGE the Third, of Great-Britain, France and Ireland King, Defender of the Faith, &c. and there continued by feveral Proro^a^ tions until the Eleventh Day of June, An- noDomm 1781, in the Twenty-Firft Year of h,s faid Majefty's Reign, being the Se- venth (general- Aj)hnhly convened in the laid Province. C A P. I. An ACT to eftabliili authenticated Copies of the Records of Council as legal Evidence. *>mCV.^ HERE AS ^any Titles tn LmUepend on Vote, .f his Ma -■» pfT i^ .m s Council, and many other proceedings m Council, become A i>jtcntmes Ht -'Urv Evidence i„ Suits at La-w ; and whereas aoubls may anjc :. «u,ve to the Admijfubility of fucb Evidence Preambl* . •«->«MX« and fheproanc-n^ the ohgin<,l Records in Court is attended ^ab great Inconvenience •, in order therefore t, refnedy the fame. BE it EnaHc the Lieutenant-Governor, Council and Affembh^ That hereafter the I ranfcr.pt or Copy of any Vote or Proceedings ^f Th. r„„i.., ip: or Copy, and f.gned by the Clerk of the Council, fhall be admitted and M.jcfty', r....ii. rcccnre^ as legal Evidence in any Caufb depending in any of his Ma^ Un'lVr :jL" jcfty's Court., wuhm this Province. And the Clerk of the Courcil ''- -tiviL;.: » hereby required and dircdcd, upon the Appiicaticn. of anr <>f thr ^-" ' Parties Z26. Anno ViccJTmo Secondo Regi; GroRcu III, Cap. I. 1782. The Clerk of the Counct! to giveCo- piej of fuch pro- ceeding'. F«e fer the fame. Parties at Varience, or their Attorney, to give an cxaft Copy of al! fuch Proceedings, attefted and (igned by him ; and that there fhali be paid for the fame, for every Search one vShilling, for every authen- tic Copy, figned by him, fix Shillings and Eight pence, if under one Hundred Words, and for every Hundred Words more, at the rate of one Shilling for every one Hundred Words. At the General Assemble of the Province of Nova Scotia^ begun and holden at Ha- lifax, on the Sixth Day of JunCy Anno Domini 1770, in the Tenth Year of the Reign of our Sovereign Lord GEORGE the Third, of Great Rritaw, France, and Ireland y King, Defender of the Faith, &c. and there continued by feve- ral Prorogations until the eleventh Day o{ June, I'/Sif in the Twenty Second Year of His faid Majefty's Reign; being the EightGeneral JJfembly convened in the faid Province. Perunble. C A P. I. An ACT to reftrain Hawkers, Pedlars, and petty Chapmen, not duly licenfed to Trade, travelling to and fro' through the Country. ^))()^)<()^( HE RE AS many Inconveniencies arifir by Ilawkfrs, PeJlan, ^ fir ^ <2«^ Pel/y Chapmen, p'*JJi"g (o if>'d fro' thro' the Country to « ^ vend Goods and Merchandize, that it is a Detriment to Trade, jJ())()J()S^){( and an Encouragement to many i-ile Perfons, to avoid being employed in ufcfull Trades or Hxjbandry ; for Remedy whereof. I. Be it Enabled, by the Lieutenant Governor, Council and Ajjemhly^ That from and after the Publication of this Aft, no Hawker, Pedlar, or Petty Chapman, or other trading Pcrfon or Perfons, going from Town to Town or other Men's Houfcs, and travelling either on Foot» or with Horfe, Horfcs or otherwifc, carryitig to fell or expafmg to Sale I. 1782. I7«2. jliiHO Vicejjimo Secondo Regis Georgii III. Cap. T. 22; Copy of all " there fliall very authcn- if under one at the rate Vovincc i at Ha- Cj Anno iTear of Lord RritaWy ;r of the 3y feve- ith Day Second ; being d in the and petty travelling trst Pedlars^ ye Country to ent to trade ^ ' avoid being f. nd Affemhly^ kcr, Pedlar, going from kcr on Foot, expoftng to Sale Htwkers and PcH- Jars to be licenfcd and pay a Dury. Penalty for felling withsut Liccnfc. Fair and Markets excepted. SaleinanyHoufe, or in any Town or Village, whereof fuch Perfon or Ptrfons is not an Inhabitant, except in any public Fair or Market, imy Wares, Goods or Merchandize, without previoufly giving Bond, and taking outa Licenfe, if at llalifnxfvom the Clerk of the Licenfes, and if m any other County Jr Diftritfi: in the Province, from the Cleric o» the Peace, by Confcnt of at leaft three Juftices of the Peace for fuch County or Diftrid, in the fame Manner as Bonds arc taken and Licenfes for Retailing Liquors are granted, for which Licenfe there ilnll be paid half yearly as follows, for every Licenfe to a Hawker. Pedlar, or Petty Chapman, travelling on Foot without Horfe or other Beaftof Burthen, Three Pounds, for every Licenfe to fuch Hawker, Pedlar or Petty Chapman, travelling with one Horfe or other Beaft of Burthen Six Pounds, and for Every Horfe, or other Bcaft of burthen, exceeding one, Two Pounds, and the Number of Horfes or other Beaftt, of burthen, when any to be exprefsly fpecified in the Liccnfc. II. Jnd he it alfo EnaHrd^ That no Perfon or Pcrfons fliall expofc to Sale in any Houff , or in :ny Town or Village, whereof fuch Perfon or Perfons is \n Inha:.i'ant except in any public Fair or Market, any Wares, L ,s or Merdundizc, without having obtained a Li- cenfe as aforcfaid, on Pain of forfeiting all fuch Goods, Wares or Merchandize, by him or then cxpofed to Sale. III. And be it Enacted, That the whole of th^- Monies arifing from the Duty or Rate to be paid by every Hawker, Pedlar and Petty Chapman as aforcfaid, togeth:. with two Thirds of the Fines and Forfeitures incurred by Offenders againft this Aft, /hall be appro- priated for the making, opening i.nd repairing the public Road, and Bridges, thro' the Province, under the Diredion of the Governor, Lieutenant Governor, or Commander in Chief of the Province, and the other Third of the Fines and Forfeitures aforcfaid, to him or them who fliall inform againft, and profecute fuch Offender or Offen- ders for the fimc, and be recovered by Bill, Plaint or Information in any of his Majcfty's Courts of Record in the Province. IV. And all his Majefty's Jufticcs, Sheriffs, Under Sheriffs and Conftables .irc hereby ftriftly enjoined and required, to exert their utmoft Power to fee, that this Law be duly put in Execution. V. Provided akvnys. That nothing in this aft ftall extend, or be conftrued to extend to prohibit any Perfon felling Fift, Fruits or Vic- E-Tccptionc. tuals, nor to hinder any IVlakers of Goods or their Children, Ap- prentices or Servants, from canying or felling the Goods of their own making ; nor any Tinkers, Coopers, Glaziers, Plumbers, Harnefs Mcr.dcrs, or other Perfons, ufually trading in mending Kettles, Tubs, Houfc hold Goods, or Harnefs, from going about and carrying Ma- terials for Mending the fame. CAP. If. . Appropriati«in oP the Money arifing from the Dirty and Penaltiei. Juftices, ShefifiV, and Conftables to _ he aiding and allilf- ing in puting the Aft in execution. ''■si ::f. J'i'to yicfJ/JmoSecondo Reps GzORGi I III. Cap. II, 1782 it? PreimWe. When for wintof Money in iheTrei- lury, the Trcafarer ilull nu( be tblt to pay Wirrtnts piy. •ble on Votes Ac. «l' I he GtKtrai J/, /t/r./fy, he is im- poivered t p in.lorfe thereon, thnt the Ann therein men tioneifhill bc»rin. tere«l. Prorifo. Intereft to be paid on (uch wirrarts until difchirgcd. So fo»n at money Ihatl be in ihe'£rc». fury lufficient to difcharje fuch Wtrrints the fame (hall be called iit tnd paid. CAP. II. An A«a to enable the Creditors of Government fo tcccive Intereft on fuch Warrants as fliall be drawn on the Treafury, and payable in Purfuance of Votes and Rtfolutions ot the Genera/ AJfemhly Which by a Scarcity of Money the Treafurcr fhall not be able to difcharge. ^ IV^ //£l?S/fJ the prefent Demands oh (^vermnent exceed f he ^ ^ Si'm of Money in the treafury^ or which may be paid in for ^^)¥yky/i Duties forfometimg to come. I. Beit Ena^ed, by the Lieutenant Oovermr, Council and A'Temhh, That when any Perfon or Perfens having Warrants on the Treafury payable m Purfuance of Votes and Rcfolutions oUhz General MemhlL fhall prefent the fame for Payment, and that the Trcafurer fhall not have Money m his Hands wherewith to difcharge the fan-c, he Js hi- reby impowered to indorfe on fuch Warrant that the Sum therein mentioned iKall bear Interefl at the Kritc of Six per Cent per A;inum from its Date until Payment of the fame, provided the Amount of faid Sums fhall not exceed in the whole the fum of Three Thoufand Pounds. II. Jnd be it aljo Enabled, That until there ia Money In the Treafury fufficient for the Difcharge of fuch Warrant* fo granted, the Treafu- rer is hereby direftcd to pay the Intereft thereon as it becomes annual- ly due, out of fuch Monies as may then be in his Hands crifing from the Duties of Impofl and Excife. III. And he it further Enaffed, I'hat as foon as Money fhall be paid into the Treafury fufficimt to difcharge fuch Warrant or Warrants {o granted, the Treafu-^r is hereby diretftcd to call in and pay fuch War- rant or Wwrantii, a/xording to Priority of the Date or Datci out of the firft Monies, that may come into his Hands arifing from the Du- tics of Impofl and Excife. Provided Nevertbelefs, That Warrants granted for Officers Salaries or allowances fhall jiot bear Intereft. At r. II. lyS: nment fo be drawn •fuance of ^ AJfemhly urcr fhall 'nt exceed the paid in for iiid Alfemhlw he Trcafury cral Jfemhly, •er fhall not i-c, he is he- Sum therein • Annum from of faid Slims Pounds. :he Trcafury the Treafu - mes annua!, crifing from Ihall be paid kVarrants fo Y Aich War- •tci out of »m the Du- ers Salaries 1778. Anno OSiavo Decimo Regis. Georcii III. Cap. V. 329. CAP. V. An Aft to prevent the Foreftalling Regrating and Monopolizing of Cord Wood in the Town of Halifax. S^^**5' ^ '' ^""^'^^ h l^e Lieutenant Governor, Council and Affem. % B )8^ *'^' "^^^ ^rom and after the Publication of this Aft, what- ^ jl fbevcr Perfbn or Perfons fliall buy, or Caufe to be bought, ■.fiO»:»3e*je( any Cord Wood coming by Land or Water to the Town o( Halifax to be fold again, except at the Diftance of Ten Miles from Halifax, or fliall make any Bargain, ContraA, or Promife, or (hall make any offer in any Way or Manner whatfoever, to any Perfon or Perfons for the having or buying the fame, or any Part thereof, for the enhancmgtlie Price, or dearer felling any Kind of Cord Wood coming by Land or Water, to Halifax, aforefaid, (hall forfeit and pay for every Cord of Wood fo bought or received Ten Shillings per Cord, oyer and above the Price fo given or paid, upon Conviaion before 1 wo of h.s Majefty's Juftices of the Peace, and be levied (i„ Cafe of Refufal of Payment) by Warrant ofDiftrefs and Sale of the Offender's Goods and Chatties, and be applied towards the fupport of the Poor of the faid Town/hip. ^' II. Provided neverthelefs. That when the Price of Cord Wood fliall be at the Rate of Fifteen Shillings per Cord, or under, any Perfon or i erlons fliall, and may be at Liberty :o purchafe Cord Wood to kW again, without Incurring the Pen.iltics of this Aft. III. And Provided alfo, I'hat nothing i,i this AA contained fliall extend to prevent the Barrack Mafter, or Perfons employed by him from purchafing Cord Wood for the Ufe of His Majefty's Troops ' Any Perfon buyi ng Curd Wood to fell again (cjtccpt atthe diftance often milej from Halifax) or fliall make any bar- gain tec. for en- hancing the price to forfeit los. per Cord. ^ Unlefs when the price of Cord wood fliall be at 'js. or under. And nqt to prevent Barraclcnialler from purcha/ing wood li^rihc Troops. At 1783. Jnno Vkejfmo Tertio Re^is, Georgii III. Cap. I. aji. Atthe Gknkral Assembly of the Province oi Nova-Scotia, begun and holden at Ha- lifax, on the fixth Day of June 1770, in the Tenth Year of the Reign of our So- vereign Lord GEORGE the Third of Great Britain, France, and Ireland, King, Defender of the Faith, &c. And there continued by feveral Prorogations until the Sixth Day of 06lober, 1783, in the Twenty Third Year of His faid Majefty*s Reign, being the Thirteenth Seflion ofthe Fifth General JJ/embly convened in the faid Province. CAP. I. AN ACT for the better rcguLiting the Office of Sheriffs, and the Manner in which the Sheriffs, Clerks of the Crown, and Clerks of the Peace fliall return and pafs their Accounts of all Fines and Forfeitures, which fliall be Iiupofed by their re- fpedive Courts, and which fliall be levied by the Shcrifl's for the Ufeof the Crown. |i5iiS5±-0, E it Enailed, by the Governor, Council and AJemlh, That it ^ B |, ^^" a"'''"i^y be I^'^vful, for theChief Jiuliceor'itihis Ab- ^A \'} ("'■'■" ^'^'' ^^'^ '^'^'-'^ J"'^{i«^ o^ ^i's Majefty's Supreme Court SfsT^^a in the laft Day of Mideahm Term annually, In the Lift of Pcrfons, which they are by Law to give to the Governor, Lieutenant Governor, or Commander in Chief for the Time being, to return over again the Names of fuch Pc.-fun or Pcrfons as iliall l)e then in Office of Sheriff in each County -, provided it Ihall appear to fuch Judge or Judges, that fuch Perfon or Pcrfons, by writing under their Hand or Hands diredtcdiu the Judge or Judges of the faid Court, fignifying hisConfent, that he is willing t(j Iciw.- jjraJa for the cnfuing Year : And if the Governor, ] .ieutcnant GovLnior, or Commander in Chief for the time being, lha!l fee fit to nomiuste fuch Perfon or Pcrfons as >•! > fhall Chief Jullice at Micliaeinias Term, may reiurn over a. gain iho N«me of the Perlbn I'c.ving the Office of Shc.iff with his own con- lent 10 fctvo for the Cnfuing Year. XJ2. yinuo Viccffmo Tertio Rf^ij, Georom IJI. Cap. I. i;8j. n Such Sheriff (hill lake over igain the Oithi of Office, give new Securiliei •nd CJJce out a new I'ltent for each and every Yeir he Oull continue in Oftice. Pentltjr for, Neg- lect of compliance with the prcicrib- tion'i,FiftyPound9. The Governor fee. in cafe of Ncgieft to appoint another. Upon rrprefenta- tion by the Jullices in their General Seflions againft the former Sheriff ferv- ing or being return- ed f«r the Second Year, it (hall not be lawful for him to A&. The Sheriff or De. puty who" receive money to Account for the fame (if re- (juircd, in Twenty tourHour>, or if de- tained they are lia- ble to a fine of Five Shillings in the Pound for each & every week the fame (hall be un- paid. ftiall be then in the Office of High Sheriff to ftrve again for the en- fuing Year, that then fiich Ferfon or I'erfons fliall within two Months after fuch Appointment or Appointments take over ag;iin the ufual Oaths of Office, together with the Oaths herein after prcfcribcd, and give new Securities, and take a new Patent out of the Secretary's Of- iice for the fccond Year, as tho' he or they had never ferved the C)f- ficeof Sheriff before, and (hall take new Oaths, give new Securities, ai\d take a new Patent for each and every Year, that he or they fliall afterwards continue in Office as aforefaid, and if fuch Perfon or Perfons fo continued in Office from Year to Year as before prefcribed, fljall neglcft for a longer Time then two Months to take fuch new Patent, new Oaths, and give fuch new Securities, fuch Perfon or Perfons fliall forfeit and pay the fum of Fifty Pounds, to be levied in the Manner and Form fpecificd in the Law for appointing Sheriffs through this Province, and on fuchneglcd as aforefaid, it fliall and may I' lawful for the Governor, Lieutenant Governor, or Commander in Ch. ' for the Time being, to appoint one of the other Perfons returned in the faid Lift of three by the Judges as aforefaid. n. yind he it further Enaaed, That if a Reprefentation figncd by the Jufticcs in their GVwrrt/ iVyAowjaffembled in any County within this Province, fliall he filed in His Majefty's Supreme Court, at Halifax-, as of any Michaelmas Term, after the Publication of this Law, praying thereby, that the Perfon then ferving the Office of Sheriff in fuch County fliould not be returned in the Judges Lift of three to ferve the Office of Sherriff for the cnfuing Year, that then, and in fuch Cafe the Judge whofe Bufinefs it is to return fuch Lift, fliall on no Account whatfoever return in his Lift the Name of fuch Pcrf jn fo petitioned againft, and it fliall not be lawful for fuch Perfon fo petitioned againft to be continued in Office a fccond Year. in. jfnd kit further EnaHed, That if any Sheriff or the Deputies by him appointed fliall levy or receive any Sum or Sums of Money whatfoever by Virtue of any Kxecution, Writor Procefs whatfuevci, and fliall detain fuch Sum or Sums of Money in his or their Hands Twenty Four Hours after the Perfon or Perfons legally authorized to receive the fame, or any Perfon lawfully by him or them appointed for that Purpofe, fliall in the Prefcnce of one credible Witnefs demand fuch Sum or Sums of Money to be paid over to him or them, that then fuch Sheriff fliall forfeit to the Party intitied to receive fuch Sum or Sums ofMoney for each and every Week, that, he or his Deputy or Deputies fliall detain the fame, the Sum of five Shiilingf foreach and every Pound of lawful Currency of this Province, which he orthey fliall detain after demand made as aforefaid, the fame to be recover'd by Bill, Plaint or Information, in His Majefty's Supreme Court at their Sittings in any Part of this Province. IV. A>ul tSj. '7«3. Anno ViceJJlmo Tatio Rfgiu Geop.om III. Cap. I. ajl- for the cn- ivo Months the ufual fcribcd, and retary's Of- fed the Of- Securities, r they fliall 1 or Perfons ribed, fliall icw Patent, 'erfons fliall he Manner irough this ' L' lawful nCh. ; for ned in the I figncd by jnty within I Sit IlalifdXt aw, praying iff in fuch to ferve the id in fuch fhall on no 1 Pcrfjn fo Pcrfon fo 2 Deputies of Money wliatfuevcr, heir Hands ithorized to appointed efs demand them, that e fuch Sum ! Deputy or breach and he orthey e recover'd art at their IV. Aul IV. And be it further Ensile,!, That if any Sheriff of any County within this Pro/ince after any Writ, Proccfsor Execution dircfted to him, out of any Court of Record within the fame, (hall have come to his Hand or the Hands of his Deputies, he or they, on any Ac- count whatfoever, fliall omit or ncgleft returning fuch V/rit, Procefs or Execution with his or their doings thereon, indorfcd on the back thereof in due Time into the Court where fuch Writ fliall be return- able, fuch Sheriff for each and every fuch Negleift of himfelf or his Deputies, fliall forfeit and pay the Sum of Twenty Pounds, the fame to be recovered by any Pcrfon or Perfons whatfoever by Bill, Plaint or Information in any his Majefty's Court of Record within this Province. V. And he it further Ei:a^ ill. That If any Sheriff or his Deputies fliall on any Pretence whatfoever, after any Summons, Ccpias or At- tachment fliall have coi to his or their Hands, fettle with, or receive from the Party or Perfons againft whom fuch Summons, Capias or At- tachment fliall iflue any Sum or Sums of Money whatfoever, for or on Account,or in full, for fuch Sum or Sums ofMoney as fuch Summons, Capias or Attachment fliall be iffued for the Recovery of, or fliall re- turn fuch Summons, Capias or Attachment fettled or fatisfied without leave being firft had in writing from the Party or Perfon iffuing fuch Summons, Capias, or Attachment, or fomc Perfon lawfully authori- zed by him, thereby inipowering fuch Sheriff or Deputies to compro- mife the Suit or Suits for the Commencement of which fuch Sum- mons, Capias or Attachments was iffued, that then fuch Sheriff, on Receiving fuch Sum or Sums of Money, or returning fuch Writ or "Writs fatisfied without leave as .iforefaid, fliall forfeit and pay for each and every Offence, the Sum of Ten Pounds, to be recovered by any Perfon whatfoever, by Bill, Plaint or Information in any of his Majefty's Courts of Record in this Province. VI. And be i! further Ena^ed, That if any Sheriff of any County within this Province, fliall happen to die before his Year fliall be ex- pired, or before he be lawfully fuperceded, neverthelefs the Deputy Sheriffs fo by him appointed fliall continue to execute the faid Oflice in the Name of the deceafed Sheriff, until another Sheriff fliall be ap- pointed for the faid County, and fworn into Office, and the Securities given by the Sheriff for the faithfull Difcharge of his Office, fliall be accountrible for the Conduft of the faid Deputy or Deputies in the fame manner as they would have been -was the faid Sheriff" living. VII. And he it further Enacfed, That all Sheriffs which in future Ihall be appointed on their entering upon their OfHce fliall take and fubfcribe the following Oath : /. A. B. do folemnly Swear, that I -will truly Jcrve the Kin^ in the Office of Sheriff of the County of and promote His Mijejly's Prcft in ait -Things that belong to my Office, as far as I legally can or may, I -.■.■ill truly : -effrve the King's Peace and ail ' Right:, Penalty Tor neglcfl of due return of Writ, Procefs, or Execution Twenty I'ouodi. Penalty to which the Sheriff, lee. ii liable for compro- mifing « Debt fucd for by fum- moni.Capiascr At- tachmenc without leave of the Party caufing the fame to be Iffued, Ten Poundt. In cafe of Death or Superfeadas, tlie Bail of the Sheriff to be aciountabic for the Condut^ of the Deputy, who !>• obliged 10 Aft. The Oath to be ta- ken by all Sheriffs on their cnioiirj upon their Office. c> t^ IMAGE EVALUATION TEST TARGET (MT-3) ful Account of fuch Debts, Duties, Fines or Forfeitures to the Crown, as fl:all be levied hy me, or otherwife come to my Hands, I will do nothing whereby the King, or any of his Subjcils may lofe, or whereby the Revenue of this Pro- vince may be injured or diminijhed. I will without reffite or delay return, and truly ferve all the IVrits coming to my Hands without Favor or AffeUion. J will take no Deputy or Bailiff into my Service, but fuch as I wiU anfwer for^ and will caufe each of them before they enter on their Office to take and fubfcribe this Oath : I will make due return every Tear I fhall be continued in this Office, ti the King's Courts at their Sittings within my Bailiwick of all the Freeholders and Perfons qualified for Grand or Petty Juries within the Limits of the fame. I will not during the Continuance of my Office re- ceive from any Perfon or Perfons whatfoever, either direBly or indireSlly, .5 ""' ^T^: ^'^^ commenced St 'is and recovered Jud.mens ^3 this 235. Fine for Negledl Five Pounds, Fine for negled in this Cafe for longer than two Months after their Year of Office ihail expire twenty Founds. Clerk of the Su- preme Court at Halifax fliall Hate a Genera! Account of Fines, &e. Penalty lor Neg- lect toftntc and re- turn fuch Account I'wenty P«uodi. Preamble «3^' Jnno Vicefmo Tertio, Regis Georcii III. Cap. II. 1783. ■ Judgementi Tor the Juji Amount ofLof. Jit JuJIainttl to be pud. Commiffioneri to be appointed to examine and afcer- tain Loflei. Commifiioners to be fworn. Commiflionen to pod up Advertife* ments to notify the 'oncerned. The CommiOioneri authorized to Ad- miniAer Oath* to WitBciTei. Ihis Province for the Amount of fuchtbcirLoJfes on Allegations, that fucb Perfons hadaided and ajjljhd the Enemy. Jnd WHEREAS there is much rtafon to think, that fucb Judgments have been recovered for a much larger Amount than the Lojfcs really fuftained b, fucb Perjons, owing to the confufed State of the lack Part of this Province, and the Difficulty that in tbofe Times attended the procuring of the Atten- dance offVitneJfes, And WHEREAS the Manner in which the faid Judgments have been car- ried into Execution is grievious and oppreffve, the EJfates of a few hdivi. duals, having been ivbolly feized tofatisfy the fame, it is ft that the Lojfes really fuiiained by tbe^P^rjons recovering faid Judgements, fhculd be paid and fatisfed by all the Inhabitants of this Province, who were concerned in caujingfuch Lojfes. II. WHEREFORE, lie it Enabled, by the Governor, Council, and AJfembly, That it .Tiall and may be lawful for the Governor, Lieute- nant Governor, or Commander in Chief for the time being, by and with the Advice of his Majefty's Council, by Warrant under his Hand and Seal to appoint Three fit and proper Perfons to ad: as Commif- fioners for the Purpofes herein after mentioned in each County with- in this Province, if any Freeholder or Freeholders of fuch County ftall defire the fame •, fuch Commiflioners to be firft duly fworn, to the faithful and impartial Difcharge of the Truft repofed in them. III. And be it further Enaifed, That it (hall and may be lawful for fuch Commiflioners after they fhail have been appointed and qualified as aforefaid, to port up Advertifemcnts, foratleaft one Month; in al!. the mod noted Places, within their County, thereby notifying all Per fens concerned, of the Time and Place, when and where, they will proceed to aft under the frjd CommifSon, and faid CommiflTioners fhall likewife caufc a Notice, under their Hands and Seals to be fcrved on each Perfon within their County, who has recovered any Judgement or Judgements againft Inhabitants of this Province, for and on Ac- count of any Lofles they may have fuftained by the Depredations of the Enemv, thereby requiring them on a certain Day therein to be fpecified , to appear before them and there to exhibit a particular Ac- count of the Lofles for what he or they have recovered faid Judgments, and alfo to lay before them fuch Proofs and Evidences, as they may have to afcertaln their faid Lofles, and the faid Commiflioners fliall have Power to adjourn from Day to Day to Adminifter Oaths to, tnd examine all fuch Witnefles as ftiall be produced before them, either by one Party or the other ; And after fuch Commiflioners ftiall have fully heard the Allegations of all Parties, it Ihall and may be lawful for them, after giving Credit for all fuch Sums of Money, or other '^mm '783- tbatfucb 1783- ^nno Viceffmo Tcrtio, Regis Georch III. Cap. II. «37. as they other Satisfadlion, as fuch Pcrfons fliall hive already received from Government, as a Rccompence for th.ir fuid Loffcs, 4.5 alfo for all fuch Sums of Money as they fhaP have received by the Sale of per. fonalEftates by Virtue of fuch Judgments, to .lg„ and feal a Report direfted to the Ch.f Juftice of his Majefty's Supreme Court, thereby afcertam.ng the Amou ,t of fhe Real LofTes of each Perfon or Perfons w th h.' T-7r^ J"d8'=m«nts as aforefaid. and likewife to tranfmi; w. h thor fa.d Report; a L>ft of the Perfons Names who are or ^rere Inhabitants of the.r fa.d County, and who ought properly to be char- ged with the Payment of fuch Lofl-es. ^ ^ ^ ^ \y.AndbeitfunberEnatlcd, That if the Perfons who have reco veredjudgen.ent as aforefaid, or any of them, ftall after NotLgt ven as herein beforen.entioned, ncgled or refufe to attend the ffid Comm,ffio„ers w.th their Accounts and Proofs as aforefaid, that th n It fhall and may be lawful for fuch Commiffioners to coUeA .J,V 1 Amount of fuch Perfon or Perfons LofTes bv rL K A r r V. And he it further Ena^ed, That after fuch r«. t port /hall have been filed in his Maieftv' L 5^°'-''^'^'°""'' ^^' one whole Term, it A^all and m^Te al'^rth^^^^^^ the faid Court, and his AfTociates L ^7 7 u n "^ J"'*'" °f Judgements have been furreptiticufly obtained o that tie P r "^ covering the fame have Nv -.L , c- ' * "^ ^"'o" re- v»iu. of ,he JLr* ' ^.'';; ::j':r,-7-'' ■""" "-" *» Perfon,, Inhabit™,, of fuch Co , v o; rl V" '"' " ""'" a. well .0 bcchnrp^ w|,H .he P= . n of f "?„; " °""l' T'"' ir.ay he l.wf„l for the faid JudTO ,o f„ f„rh T.,V ' ""■* l>roceedi„B, bad under tkAZ! ?j ? J'-"lg="ient, and ,1] ,he by an A...„„. .o b'e 3::" d 'C^.^Z^^Z t?" ''f the faid Commiflioner.! (T>all ,„* • u- '"^ '^^*''^'*' Perfons, who eh.,g.ah,.„i,:rc':;::™h:ft™.'"'^'""'-'*-FOfe,,, VI. And be itfurtber Fii7,',' TU ,. n t , all Executions ifTued th^reo In it J "r^ ^''"'"''' '■'^°^^'-^^' ''"d againft any I„h.ibitant or Ih bi „ l/l ;>" •''"'■"" "'^'•^'■°--. Lofl-es fuftained by the Den d.Z ?'■ ^'^"^•'"^ for any Lofs or fame are hereby fuVndcdutirrlJ^."''"^'^^'^ ^"'^ ^''^ in his M,e.y.:.^L. i;:' :tm^:^:';^- ;- --^^-^^ Commimonento make Report of their proceedingt to the Supreme Court direcUa lo the ChieJJullice. Perfons who hive recovered Judge nicnts.ncglcfling to •tiend the Com- miffioners, -viih their Accounts, &c. the CoiLniilGoners are impowered to cullett the Lofles, upon InformctioD. After Report of the Commil&jners duly iiled, the Chief Ju- llice kc. may pro- ceed til confiriD the Accounts and Re- port and fct afide any Judgement fur- rcpiitioully obtain- ed. The Value of rhe real Lonej to oe le- vied and made good by Aiifflraeot. The Execution of Judgdrcntilulpcn- dedunti; con littered in the Supreme Court. CAP, in. tti9. Anno Vicejfmo Tertio Regis, Georgii III. Cap. III. 1783. Preunble. All PerfoM guilty ofTreafons, ac- quitted pardoned &c. from all Pains, Penalties, &c. tj-t Profecntion's to ceife. 1 I hi CAP. III. AN ACT for granting the King's Mofl Gracious Free Pardon to all his Subjeds in this Province, for all Treafons, Mifprifon of Treafons, or treafonable Correfpoiidence committed or done by them or any of them in adhering to. aiding or affifting, coun- tenancing or abett'.ng his Majefty's late Subjcdts iu the Thirteen Colonies during their Rebellion. i»af*!5Wf"f;^ HERE AS fine few Inhabitants Subjeds of this Province, ^ ly ^ ^'Jle*^^aJ^f^ Subjeds the Inhabitants of the Thirteen Colonies during their Rebellion, and fome few others again have correfponded with fuch InhM- tants, vibereby their Lives and Properties have become liable, on Profecu- tion for fuch their Treafons, to be forfeited to his Majejly. And WHEREAS thefaid War is how at an End, and it is expedient for the Public Welfare of this Province, that all Remembrance of the Caufes thereof, Jhould as fpeedily aspoffible be buried in Oblivion, and in full Hopes, that all his Majefty's SubjefJs of this Province, who have made them- felves liable to the Pains and Penalties aforefaid, may by Ibis A£l of Grace be induced iu future, more carefully to obferve the Laws, and to live in du- tiful and loyal Obedience to bis Majefty. I. BE it therefore EnaSled, by the Governor, Council and Affembiy, That all and every his Majefty's Subjects of this Province, and their Heirs, and every of them, are thereby acquitted, pardone' releafed and difcharged, againft the King's Majefty, and his Succe. ^rs of all Manner of T.-eafons, Mifprifon of Treafons, treafonable and fcditious Words, Libels or Correfpondence by them or any of them, commit. ted or done, in aiding, countenancing or aillfting his Majefty's late Subjefts in the Thirteen Colonies, during their Rebellion, and from all Pains, Penalties, Forfeitures, Pains of Death, and Pains Cor- poreal, which may have been incurred or forfeited by them or any of them (before, thepaffmg thisprefent Aft) by Reafonor Means of the faid Premifles. II. And be it further EnaHed, That all Profecutions now carrying on againft any Perfonor Perfons coming under the aforefaid Defcription, whether Civil or Criminal, (hall ceafe, and be at an end, and that no other Suits or Profecutions fhall in future be commenced or profecutcd for any Matter or Thing comprehended in this Aft. J 783- ^nno Viceffmo Tertio Regis, Georcii III. Cap. V. m- CAP. IV. i\N ACT ror Altering and Reducing the Terms of the Sitting of the Supreme Court at Cumberland i-^l\\^Count:yo^ Cumberland. /'C-f<^r.-X>| E it Ena;;M, hy the Governor, Council and AffmUy, That % li ■>!< ^^^ Suj>rmc Court of Judicature, Court of Affizi, and Gene- :^u; M ^"^ Goal Dfli'vety, (hall in future be held at Cumberland, in .ixMAs/.v ■; the County oi Cumberknd, once a Year, that is to far, on the Socoiul Tuefday of Augujl^ annually. G A P. V. •An ACT in further Addition to, and Amendment of : an AA made in the firft Year of his prefent Maje- %'s Reign, intitled^ an A<5t for repairing and men- dinjT Highways, Roads, Bridges and Streets^ and for Appointing Surveyors of Highways within thfc fcvcra) Town (hips in this Province. |Hi>^>|; HE RE AS by the firft Senion of an Aft made in the Fifth Tear ♦ ir * of his prefent Majeflfs Reign, intitled. An Aa in Addttion ta, * |; iind Amendment of an Ail, made in the firft Tear of bis prtftnt •^♦♦♦* Majeftfs Reign, entitled. An A£t for Repairing Hi^hifiayt^ Roads, Bridges and Streets, and for Appointing Surveyors of Higbv/ays wilbln thtfeveral TowHftjips in this Pr&vince, it is direHed, that allpi'blic Highways hereafter to be kid cut, JhaUm be lefs than One Hundred Feet ioije. < And WHER EAS doubts have arifen^ ^whether faid A£i exmded io Highways and Roads then in Ufe only, . , . I. Be it therefore Enabled, by the Governor, Council and AJfembly, and it is hereby Enatied and declared. That all Highways through the Pro- vince, which were in Ufe aS fuch at the Time of making faid Aft Ihouid be continued of the fame Breadth, they then Were <«■ not to exceed Sixty Six Feet wide. Preamble. Roidi to continue, of the fame Width, they were 01* noj to rrcefrt! Sixty 81*' Feet Wide. I J U JUJJ ■ J CAP. VI. 340. Mno VUeJJimo Tfrtio, Rfgis Georoii III. Cap. VI. 1783, PrMmble. Jafticei in Sefltons to appoint fit Per- fonstJ EngineMen, not to exceed nine. vtho ire exempt ffim ferving in fome other Officer DtttyoftheEnglce Men. rerfons refnfing to aflift liable to ■ Penalty. Repairi of the En- gine! to be paid by AiTeirmeBt. CAP. VI. An ACT In further Addition to an Ad made in the Second Year of his prefent Majefty's Reign, In- tituled, An Aft for appointing Fire Wards, afcer- taining their Duty ; and for Punifliing Thefts and Diforde/s, at the Time of Fire. ^db^idsa HEREAS it Is highly nccefary, that the Fire Engine he % JV% conliantly kept in good Order, and that a Number of prudent H I Perfonsbe appointed for that Purpoft. I BE it Enabled, by the Governor, Council and A[femhly, Thatitfliaii and may be lawful for the Juftices in their Scflions of the Peace for the Town and Covnty of Halifax ; and they are hereby rcqmred to appoint fuch Number of prudent Pcrfons not exceedmg Nine, who Ihall be denominated Engine Men, and (hall have charge of the Town Engine, and (hall be obliged to keep the fame in good Order and fit for Service on all Occafions, And that the faid Pcrfons fo chofen, (hall be exempted from ferving on Juries, or the Offic* of Conft-Wc during their Continuance in faid Office. II yfnd be it EnaUed, That at the Time of the breaking (orth of Fire in the faid Town, or Suburbs: the faid Engine Men (hall re- pair to the Engine, and ufe their utmoft Efforts in taking it to the Place whcr. the Fire (hall be difeovered, and there work the fame, according to their beft Skill and Judgment : and the Direftions of the Fire Wards for extingui(hing any Fire fo broke out- • III And be it alfo Enaifed, That one of the Engine Men chofen as aforcf^aid •. (hall have the Power of a Fire Ward to command any ne- ce(rary AfT.ftance in taking the Engine to and from the Place of F.re and Imy Perfon refufing to obey fuch Orders (hall be fubjeft to the fame Fines as impofed by an AA made in the Second Year of h.s prefent Majefty's Reign, Intituled, An AH for Appomttng Ftrcward, ^^rtaining their Duty, and for Punifiing ^Thefts and Biforders at the Time of Fire. IV And be it further EnaBed, That all necefTary Repairs to the faid Enaine (haU be allowed and paid by Aflefsmcnt. under the Order and dSL of the Juftice. and the grand Jury in .^.^r General SLuartcr Stjions to be levied on the Inhabitants of the Town of Halifax. CAP. VIL m mmmmm 1783. 1783. jinne Viceffmo tertic. Regis Georcii III. Cap. VII. «4i, CAP. VII. Art AG r for Eftablifliing the Times of hiding an Inferior Court of Common Fleasy and General Sejftom of the Peace in the Townfhip of Sbelhume, *-^-fr$-i^ HEREJS the want 0/ Roads, and the Difiance betwein the ^ jfr >h- ^ownjhips of Liverpool, Yarmouth :)^ £ it MnaHecl, by the Governor, Council and Afembly, and it ^ B $" ''"-'h Enabled, That the Courts of General Seffxons of the %^^-JL ^""' ^^ ^"^"""^ ^°"''" °f^'>'^'' -P'^ -f for the County WJkW^Kyk of Sunbury, fhall ht held in the townftiip of Maujferville, t'i- ?^''*«r''''i upon the Third Tuefday of 7««., arid Second Tuefday ofOilcbe^ ^ '" -*' •very Year, from and after the Publication hereof. tftferiorihd Court of Quarter Seffiont of the Peace to be June and Second Tuafday of Oilihr Yearly. llAnd 142> Anno Viceffmo tertio Regis, Georcii III. Cap. IX. 1783. Fiofflble. Repeal of foimer Pcntl L«wi. II. And be it alj'o Enatledy That r.Il and every the Laws of this Pro- vince, refpcdting the Balloting, Summoning and Attendance of Ju. rors, ordering and taking fpecial Bail, the Service of Writts and Exe- cutions, or which relate to order and direct either the practical or judicial Proceedings of the Courts of Law in this Province, ihall ex- tend and be conftrued to extend to the (aid Courts in the Tcv. nfliip of Maugerville as aforcfaid. C A P. IX. An ACT for the relieving his Majcfty's Subjeas, profcfTing the Popifti Religion from Certain Pen- alties and Difabilities impofcd up )n them by tv/o Afts of the General Jljftmbly oi xKi^ Province, made in the Thirty Second Year ok his late Majefty's Reirn, Intitled, An A •xijcliiirvcr m. tlepofed or murdered by their ^bje^s cr any other Perfon whatfoever ; P 3 And Ida 340' Anno VU^Slmo terti* Regii, Georoii III. Cap. X. ijii- ■ Oath to be compe- tent in any Court of Record. ReiiHeroftheftmc CO be kept. / do declare, that J dt not believe that the Po^i of Rome or any other /o>ei£» Prince, Prelate, State or Potentate^ hath or ought to lave any Temporal or Civil JuriidiOion Power, Superiority or Pre-mmeme diieaiyor indireHly ■within this Realm, and I do folemnly in the Pnfence of God, profefs, tejli. fie and declare, that I do make this Declaration and every Part thereof in the Plain and ordinary Smfe of the Hoards of this Oat it, v/ithoHt *y> Eva- fiox. Equivocation or mental Refervation wbatfoavtr, and vtitboul any Di. fpenfation already granted by the Pope or any Authority of the See of Rome, •r any^Perfonwbatfoever, or without thinking that I am fr can beacpdtted before God or Man or abfolved of this Declaration or any Part thereof, al- though the Pope or any other Perfons or Authority whatfoever Jhall difpen/t with or annull the fame or declare that it was null and void. VI. Which Oath it fliall be compcteiK to any of his Majefty'sCourti of Record Of to any Court of any General Seflions of th- Peace within this Province to adminifter, and they arc hereby required to admini- fter the fame accordingly, of the talcing and fubfcribing of which Oaths a Regifter (hall be kept and prcfcrved. VII. Provided, That nothing in this Aft contained (hall be of *njr Effcft until his Majefty's Pleafure therein fhall be known. Preamble. PerHei fliiU be ef- ublifhed md regu- lited end Ferrymen gppoinied by Juf- tiret in SeiTions, Penalty on Ferry- men notobferving tbcReSvUtion, 401. CAP. X. An ACT for Eftablidiing and Regulating Fcrrici. 3t()0CX5OCg j^gm;yistbe Eflablifhmcnt of Ferries in many Parts of J ^ Q this Province, is of great Utility, and renders the Cemmtttti' l()KS5CSe(« ""'"' '" Z'*"''^ ^^"^ """ '""•^ "'^ expeditions. I BE it Enaited, by tbc Governor, Council, and AfemUy, That from and after the Publication of this Aft, his Majefty's Juftices in their General or Special Sejfions of the Peace for each County, fraJl be, ai>4 they are hereby authorized, and impowered, to cftabhih fuch Ferr«» over Rivers, Bays or Creeks within their refpeftlTe Counties »s mvf be by tliem tho't neceffary, and to agree with, and grant Licenfes to fuch Perfons as they ihall judge meet a* Ferryman, und«r fuch Rule* and Regulations, as they from Time to Time Ihalljudg* moft for the jGood of the Public . And any Pcrfon or Jerfons, who ftall agree and accept of the Office or Place of Ferryman, and after fuch Agreement and Acceptarice (hall rcfufe or negleft to comply with, and ohfcrvc the fevcrtl Ajtides and Claufes contained in faid Rules and Regulation? made as aforefaid, (hall be fined ky the Juftices in their Seflions, \n any Sum mt exctcding Forty ShUlings. iMi.Fm 1783. yf-;no rhrjjimo Ti-rtio Regis, Georom III. Cap. X. I. 341. w litre « Ferry fhtll be eftibliOicd. Pendty 201. II. /fnJ he it alfo Enaae.i, That when any Fcny iha!! be ;ftab!i(hfd, over any River, Bay or Creek as aforefaid, and any Pcrfon or Pcrfona j^,p, to, ,i«Fe„y. appointed and licenfed to attend the fame as aforefaid, if any Perfon or men fh.ll carry over Terfons whatfoevcr ftuU carry or ferry over fiich River, Bay or LreeK i either Manor Beaft , for Hire, unlefs by Defire or Confcnt of the Ferry Man, or on his Negledl or Refufal to give due Attendance, fuchPcrfon Jhall forfeit and pay a Fine not exceedingTwenty Shillings, to be recovered on Complaint before any Two of hia Majefty's Juftices of the Peace, and be levied by Diftrcfs and Sale of the Offcnde;'» Goods and Chattels. III. Provided nevertbelefs, Thatif any Ferrymen appointed as afore- ^^^ ^^ , ^ faid, fhall ncgleft or refufe to give Attendance, purfuant to the Re- j*"n, i-.i Aiten- gulations made /or that Purpofe, in every fuch Cafe, any other Pcrfon Jane., "y P«;f"n or Perfons may fupply tiie Place of fuch Ferryman, until an other be .^J un,-,! mother appointed and licenfed as aforefaid, and receive Payment for the faime «>•" b* appoincd, in the fame Manner as the proper F'erryman might do if prefent. Preamble CAP. XI. An ACT for EftablifliiBg tLe Times of holding In- Jerior Courts of Common Pleas in the Diftrift of Colchejler in ihc County of Halifax. Wfy^yk^ HEREAS the -want of Roads and the Diflance between the ^ ur '^ Settlements of Willmot Jliver, Piftou, Tatmagouch and ^ ^ the Difcrin 0/ Colchefter and Halifax Occafions the Alien- MyifyiOtliM dance of Perfons re/.dcnt in ibefaidDiJiriR and Settlements at the Inferior Courts of Common Pleas, Leld at Halifax, for tbefaid County, no: only very inconvenient, but greatly impedes the due AdminiHra- lion ofjujlice in the aforefaid Dijiriit and Settlements for remedy whereof. ,1. BE it EnaHed, by the Governor, Council and Ajjemhty, That an inferior Cwirt to be Inferior Court of Common Pleas for the fald Diftrift, fhall and may be held «t Oitjttzu fi'ft holden within the Townfliip of Onflow in the County aforefaid on the "^^fjigl/YcS firft Tuefday of February, and the firft Tuefday in Augufl in every Year. II. And he it alfo EnaSled, That all and every the Laws of this Pro- vince, refpc<5Ung the Balloting, Summoning and Attendance of Jur- ors, ordering and taking fpecial Bail, the Service of Writs and Exe- cutions, or which relate to order and direft either the praiftical or ju- dicial Proceedings of the Courts of Law in this Province, ihall ex- tend and be conftrued to extend to the faid Inferior Court of Common Pleas in the Town/hip of Onflow, as aforefaid. Laws relating to Jurors Wfiti &c. '<» extend tc faidCourt And