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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 by JOHN HOWE and SON, Printers to the KING'S Moft ExccHcnt Majefty. 4805. i ^ : i TO HIS EXCELLENCY Sir JOHN WENTWORTH, Baronet, DOCTOR OF LAWS, LIEUTENANT GOVERNOR AND COMMANDER JN CHIEF OF NGVA-SeOTIA. ^c. ^c. tsfe. nPHIS Edition of the Laws of Nova-Scotia, having been undertaken at the defire of Your Excellency, purfuant to the requeft of His Majesty'^ Council, and the House or Assembly, and the work being now completed under your Patronage, it has a natural claim to your Proteftion, and is, therefore, moft humbly inlcribcd to your Excellency, in tcftimony of the refpecl due from • Your Excellency's Moa faithful and Very dutiful Servant, , RICHARD JOHN UNIACKE. TO THE READER. AS this Edition of the Ads of the General AfTembly of the Province is a public work, executed at the expence of His Majefty's Government, it is proper that it fhould be rendered as generally beneficial as poiTible. In times like the prcfcnt, I fliould feel confcious of a negledl of the duty I owe to the King, if I did not avail myfclf of the opportunity which the publication of this work affords, to exhort His Majefty's Subjeds.by a ready obedience to the Laws, and by the pundlual difcharge of every civil and religious duty, to (hew themfclves worthy of the great blefllngs we enjoy under the government of a Monarch, who is refpcdled for his virtues even by his enemies. It has been our misfortune to live at a period, during which every a* t has been ufed to dcftroy the principles of true religion, and to fubvert the rules of civil government. The Chriftian religion, which is our fure guide to the worfliip of the true God ; the allegiance of fubjeds to the King ; the natural love of our country ; the union of hufband and wife ; the duties of parent and child ; the affedion of brothers and fillers ; and the attachment of friends and countrymen, have been, by impious and wicked men, ftyled prejudices originating in the human mind from the errors of a falfe education. It has been our lot to fee thofe venerable principles, which our forefathers conil. dered fixed as firmly as the pillars of the earth, (hakcn to their bafis, and the fundamental rules of human liappinefs fcoifcd at, and ridiculed, in the publications of artful men, who have proved themfclves the enemies of the human race. Works of this fort have been circulated far and near, and the opinions of thofe men propagated with a true fatanick zeal. To give the name of a revo* lution to the events which have fprung from thofe novel dedrines, would be applying a term too feeble to comprehend the horrid and fanguinary actions of the apoftles of liberty and equality. Their deeds have produced a convulfiun in human nature, whicli has been accompanied with a de- gree of atrocity fo dreadful, that it may be rcafonably doubted whether our pofterity will give credit to the pages of hiftory which (hall record the wonderful events that have happened within the compafs of a few years. 1 think i do not exaggerate when I fay, that thofe diabolical principles, during the fliort period I advert to, have produced to the world more human wickednefs, diftrefs, and mifcry, than any equal fpacc of time has exhibited in the previous hiftory of man. If we contemplare man in his rude and lavage ftate, for the purpofe of comparing him with his fellow man, living in civilifed focicty, ruled by Laws founded in equity and juftice, and im- partially adminiftcrcd, the difference appears fo great, that it has been doubted whether both men have proceeded from one common ^.lock. The chief end of all human inftitutions is the prefervation of men's lives, liberties, and properties. Ciur anccftors have maifcfted their wifdom in framing Laws peculiarly adapted to thofe great purpofes, and their courage in defending thofe Laws, upon every occafion, has been equally con- fpicuous. Englilh Subjci?>s exhibit, in the hiftory of mankind, a people poffeiling a form of Government, under which their lives, liberties and properties, are fecured in a way that no other nation ov people have yet experienced. The Englifh Conftitution has been viewed with admiration by the wife and learned men of all nations, and it gives to Great-Britain fuch a juft fupcriority over all oilier countries, that (he is become an objeJt of envy and jealoufy to them all. No people but the Britiih nation, have ever enjoyed the happiiief-i of being fubjcct to Laws made by their own tonfcat ; and which are, in a great meafure, put into execution by themfclves. This Conftitution, thv- vi the noljlcft of .ill inheritances, our anceftors Icfi to their poficrity, and wc arc at this day called to arms in its ilefcnrc ; vitli wliat heartfelt fatisfarlinn tlicn inuft every nun, who has the honor to feel a ilrop of Kiic^lifli lilood in his veins, beholil tin.- Uiiiifli nition united in arnis, and determined with iiiclr lives and piojjcrlics to defend their Ucli;;iun and laws, their Kinjij and their Country, .I'^ainft a vindictive enemy, who cisnquers but to dctlroy. ll i?> the peculiar duty of the people in thii I'rovincc, with irjuible gratitude to return thanks to the Ahni;j;liiy, for having prcferved to our nation a juft fwull; of religion, virtue, and honuur, without which, all the fucietics on earth . inuil perilh. Wu have tlie mofl powerful ir'otiAxr. to cultivate the virtues, manners and habits, of our an. ceflors, and to clinp; clule to the venerable Hock from which we derive oui origin. The Province of Nova-Scotia, with it's lllands, form the mod prominent feature on the Coaft of North America. 'J he vaft extent of it's fca c»uU, numerous harbours, and cxtcnfive fiflicries, with it's almoll infular (ituation, give it a frronp; rcfcmblancc to the mother country, and afford reafonahle expectation, that, like it, it will, in time, become powerful in maritime force. The furroiiiulln^.^ feas make its delvnce from foreign attack eafy, and, at the fame time, check that difpofition to wander in fearch of new fcttlemcnts, which is fo prevalent in the reft of America. This advantage, coupled with the fiflicricr, will, in time, caufe the population of the Province far to exceed any other country in America of the fame extent. If to thcfe advantages art* added the Jicalthincfs of the climate, the fertility of the foil, the facility of exterior and interior water cariagc, and the numerous coal mines, and mines of all other ufcful metals, the refemblance of the Prvincc to the Parent State will appear fo ftron;^, that it is impolfiblc to avoid fcclinj'; an anxious defire to lee its people diligently cultivate thofe laws, manners, habits anc> cuftoms, of the Mother Country, which are the fourccsv»f her profpcrity, and the caufe why Great Hritain Hands, at this day, unri- valled in arts and in arms, fecurcly enjoying a free and honeft Government, to which the wealth of the world flicH for refuge. It cannot be too ilrongly inculcated at; an incumbent duty on the inhabi- tants of this country, to copy after a people, wh(», at this day, exhibit to the world a national charadcr that will I)e venerated while virtue and honor exill in the human breafl. It is our duty to cultivate an attachment to the Parent State, and to manifeft, on all nccalions, our gratitude for the powerful proteclion that enables us to live with freedom and calc, at a time abr.unding with more univerfal national calamity than ever exiflcd at any other period of the human hiftory. If we train up our children to imitate the high and honorable fpirit which makes Great-Britain the refuge and defender of the religion, honour and virtue of all Kurope ; if we imprefs on the minds of our youth, that they derive their origin from {]v^ great people, and that their native land makes a part of theextenfivc dominions of Great-Biltain,\\e fiiall thereby prove ourfclves faithful fubjeds to the good King, under who(c parental care the fcttlcmcnt of this Province has been clVecled, and in whofe reign fertile fields iiavc iuccecded a fa\ age and dreary wilderncfs, and nuniberlefs veflels which cover our fliorcs, and rivers, have replacetl the Indian'^ canoe. To thofe advantages we have to add the bleflings of a mild and moderate Covernnient, fupportcil at the expcnce of the Mother Country, and ellabliflied by tlie great wifdon. ar.d benevolence of Mis MajeUy, who, ever attentive to the happlncfs of his people in tliis Province, lias liberally endowed and cliabliihcd a Univcrfity, to extend the arts and ieicnccs to his infant colony, in which he lias fupportcd a numcr.nis body of Clergy, thereby laying a foundation for the temporal and eternal happlncfs of his people. The care with which Hi* Majefty has f-leiflcd men of trledabilities,and approved virtue andintcgrity,topreIide in his Courts of Juflice in tliis Province, would alone afiorJ to us the Urongefl proof of his paternal care. His Tdajelly has alwa\s allotted for the protection of tlie Province, a fuliicicnt portion of his powerful fleets and armies, which has enabled Ua to cultivate t!;e arts of peace during wars that have defolatcd the four quarters of the woi Id, an.' overturned powerful Empires, Kingdoms and States. If I were to ])rocced re-capitulating the luinibcrlcfi inilanccs of llis IMajcfty's care ..'^udaltcntiui:, I fhould I'.ir exceed the uc/uncls of a prcl^cc ; a.'ui as J have already enumerated, I Jiope, vU hope, more than funicient to cfl.ibllfli In .e reader's mind never failing principles of gratitude to his Mijcfty, I (hall only oblorve, tlut Subjcds bound to tlicir King by the tics of gratitude and aflccVion, ai tiie only Subject;; whofc homage is acceptable to a nation like Great-Britain, that conquers but to amclionitu tlic condition of the vanquiUied. The people of this Province inherit tlieir full (hare of the advantages Nvhich flow from the Bri- tifli Conditution, and are bound to unite with their elder brethren for its prefcrvation and defence. It is no common warfare in which we arc now engaged ; our natural enemy has drawn forth his whole ftrcngth for the ruin of our nation, and Britifli fubjecls have at this moment to fight for their national exillcnce, which our enemy has folemnly vowed to dellroy. I'.' Britain falls it is eafy to foretell the fate of America ; wc may in fuch cafe bid farewell to religion and liberty, arts and fcicnccs, virtue and honor ; for many dark ages mud follow the triuirph of infidelity and barba- rifm. I am not induced to make thefe hiil ubfervations from an apprehenOon that when the day of trial comes, we ftiall want fpirit to defend our country ; «»n the contrary, I am r )nndent that the har-iy funs of Nova-Scatia, will cgarly rufli to the battle ; to doubt it would be to doubt that we arc the legitimate offspring of a race of people, whofc courage and bravery (land recorded on almoil every page of hiilory. But I do not confider that the ftrcngth of a nation depends altogether on the native bravery of its people ; the religious and moral virtues of a nation are its great fecurity and defence. In the hiilory of the world we read with pleafure and aftoniUiment, of the wonder- ful exertions which have been made by nations eminent for thofc qualities ; on the other hand, thofe dreadful national calamities, the hiilory of which we can only contemplate with horror, may eafily be traced from the earlieft times to the prefent, to have uniformly proceeded from the want of religion and virtue in the people ; the courage of men of this laft defcription is nothing more than the ferocity of a favage, but the man who has a juft fcnfe of his duty to God and his King, ftands firm in the midil of danger, excrcifing the powers of his mind with cool deliberation, and executing his purpofcs with that fortitude which will ever accompany the man who is brave from a fenfe of duty. In no way can we more effectually manifeft our love and attachment to the King, than by punftually obeying his laws. It is le duty of an Englifh SubjeA in this refpcft, not mere- ly to attend to liis own condud^, he is al / bound to obferve the actions of others ; for this purpofe our Conftitution has wifely provided, that all m 'n, high and low, are in fome fliape or other called to adift in the execution of the Laws, ibme as Jufticcs of the Peace, others as Jurors, Conftables, or in an cndlefs variety of different oiHces and flations. The wifeft and bed of Kings^ with all the State Oflicers appendant to his high rank and ftation, would, without fuch help, be unable to execute our Laws. Englifh jurifprudcnceconfulers that man as criminal, who fees the Law tranfgrelTed, and conceals the ofFcncc ; in fuch cafe the Laws would foon fall into difufe ; and if offenders were fufl'ored to pafs witli impunity, the Law inftead of being the ftandard to guide men's actions, would only be enforced occafionaily, as the caprice or malice of individuals might direct. There is no principal that operates more powerfully in fupport of the Britifli Conftitu- tion, than the reverence and refpect with which an Englifhman views the Laws of his Country* in the execution of which he exerts himfclf with a degree of zeal that is habitual to him. This principle is fo powerful in the brcaft of every man, that it is common to fee a fingle Conftable with his ftaff difperfe a mob, even when their padions are in a high ftate of irritation ; and u is an event which Icldom happens, that a Peacc-OlHcer is molefted in the execution of his duty, or that the bye-ftanders refufe him their afllflance. Every perfon in this Province Ihould confider i*: his duty to imitate, with the grcatcft care, this excellent example, and thereby effedlually provide for the equal and impartial adminiftration of the Law : which is the only political equality that man can enjoy in cival fociecy. If apathy pervades the minds of the people as to the execution of the Lavs, and if tliey fee them violated, and broken, without any exertion to uring ofl'enders tojuftice, the virtues of the King, the wildom and integrity of his judges, and the honeft zeal of all his Public Ollicers, will iiave but a fmall efTecl, when the people do not themfelves co-operate. Man's Vltt ( I Man's .u1\.ir.reivicnt oltlicr In vice or In virtue is prutml: vhtn lie conimnicci liis viiioiws r.wiir lii;t Ir.uiri'.irnidiifi .trc (.fan iiitorior cLifs ; aiul in tlii^U.igc cf his prcj'riCs. lie w ill coiitim plate vnh hdiK'i tin; vnoiiniucs, tvl icii, afterwards, «r, lie bcccmcs habituate.! with >icc, he will commit vithoui (Oiijuii diiin. JuU lo it is uitli the man wlio 1 riiiji;s himfclf totiilVcgard the Law ; he • rDll ccnmitiKvs Ills iiTillancc t'> tholi* log.il rci^ulations which the exigencies of iociefy require to rcdrain tiien's arUns, wlui are Incapable of forming; a jull cftiinate of rii^lit and wrong, cvude, and, by fiilleiipj^ tl'.cit.lilvos to be guided by an invaf^inary interell, confider thi.ir contrivance to witlihold their iliaie of ilie public contribution ;;.s ol'^ittlc importance in a moral lenlc i but the pcrfon who can reconiile hiiiilt'ii to an ofience of this (i)rt, will, with ecpiali.-.ciiity, jullify his iinpoiitions on the f«ir trader, as well as the innocent cudonier, and by cxar.ir,clu-s of fctciice which he wiihcs to iludy tor his gviidjncc through life ? One cm lurdly believe that \ docblnc fo dclbuc^lvc to man's peace and happineCi could have found advocates. None but il c niiniOcrs of the f.»licn angcN would wifli to deprive man of the grateful fcnfutinns he fccN throi:p,h life, towards the tender mother, the ai&flionate father, or kind mafter, whoimprcnVd on hlsinl.int mind, both by prccefured, as nearly aslocal tivcumflances would permit, to copy the Laws of the Mother Country, and to form our eftablilhments aj>;rceably to theBritifliCon- ftitution. 1 at f:rll defigneJ to continue the late Chief Juftice's notes down to the prefent period, by adding thereto the iubfeciuent dcciHons of the Britifh Courts of Law, with marginal references to x* Hi to a!? the luccccding Acts oF Parliament ; and I had made fomc prfegrefs in- the execution of my firft intentions, but on further confideration I was Inducei:' to lay them alldu, from an opinion that the)' could only be ufeful to Students of the Law, who intended to qualify thcmfclves for the practice of that learned and highly honorable profeflion, and who I fear already fed themfdvc:. much relieved by inoderu publications from that dcep.thought, and labtn'iouiirerearch, fo eflbntialiy ncceilary to acquire a thorouglvknowlcdge of tlie Law. But to enable the people at lirge, for whofo ufc this work is prindpally intended, thoroughly to underftand the Statute Law, and to turn with facility, lo each particular- fubjcct, opfedion, I have carefully abriclgqd every Acl undett its appropriate head, and have added thereto a a^pious Index, with proper rcfcrcnccSj in the hope thereby, to make our Laws intelligible to the meaneft capadty j and L have no doubt the reader will with plcafurc conlemphte the exertions of this, infant Colony, in every ftageof it's Lcgtllatiou, to eftablilh religion, and fupprefji vice and immorality. lam fcnfible that the patience of the public has been nearly exhauflcd on account of the great length of lime tLi'i work has been in hand ; to me, it has been painful and highly diftrcfling : but when I confidcr the great difficulty that attends a printer, who h;u» to execute an extenfivc work like this in ;i new^.country, where he is obliged to attend to all his-otlier buiincCs and avocations, it has been to me 1 confcfs a luflicicat cxcufc, iind 1 hope the public will receive it in the fame light. The only merit I can pretend to in completing a work which !iai rcruircd much labour and atter '.ion, is th:U of diligence and fidelity ; Qiould it prove ufcful to a peopjc.amongll whom 1 have fpcnt the beil part of my life, fcom whom I have received innumerable favours, and to whom I am attached by the ftrongijfi tics oi gratitude and cfteem, Ifhall feci moft amply rewarded, and ro event will contribute more to my happincfs, than to live to fee the Province enjoying, all the blcffings, that ever will-attend a country, the people of which are good and virtuous. RICHARD JOHN UNIACKE. ■ t ~ y>to*. SESSIONS OF GENERAL ASSEMBLY! MMMMI 1 %ft FiVft Sefllon of denei^l Aflfcmbly hefdlnrhe Province; • met on the ad day of Oaober, A. D. 175S : Page i. In this Sdflion 36 Adls pafledv o^ '^'*^oh ^o ^1*6 in force at this day The fecond Scffion of General Aflcmbly begjin on the ift day, of Augiift, A. D. 1759, being the lift Sciflion of thiii Firft Generir Aflfeiftbly;: Page 4^ 111 tlits Scffibn"; AftS prfffed, of which 3 are Ifi force at this day. Third Sefllon, being the fii'ft Sefllon of the fecond General Afl&nbly, met on the 4th day of December, A. D. 1759 : Page 46. lii this SeOton ai A'ftS palled, of Which 8 are in £i3rcc at tliij day. Fourth SeflTion, being the fecond and laft Sefllon of the 'fer:ond General Aflfembly, begun on the 8th day of September, A. D. 176(3 : Pige 56.' fA thiS^SdltOn "ad Aft*poffi;d, of which 9 arc in force at this day. Fifth Scffion, being the firft Seflibn of'th day. Sistcenllv Seflion, beinjj the fixth Scfliuiisof-the Fourth General Affehibly, begun onthe i8th day of June^ A. D, \j68 : Page. 133. In this Sellion 13 Acts pailed, of which 12 aro in force at this day. Stventcenth Seflion, being the feventh Sefllon of the fourth General Aflrdmblyy begun on the 22d.day of OclobciyA. D. 1768 : Page 146.- In this SeJUon 19 Acls pafled, of which- 8 arc in force' at this day. Eighteenth 'Sefllon, being the eighth andlaft Scflion of the fourth General Aflembly,-begun on • the loth day of October, A.'D* 1769 : Page 154. In thiSScflion 7 Acls paO^ed, oJ which 3 arc in • foFce at this day. Nineteenth Seflion, being the firft Sefllon of the fifth GcMicral Afleiiibly, met on thft 6th 'day- of June^ A.D. 1770: Page 157. In this Seflion 1 7 Acls pafled, of which 9 arc in force at this day. Twentieth Sefllon, being, ihe fecond Seflion of the fifth General AflTetnbiy, begun on the 5th day • af June, A.D. 1771: Pdge 165. In this Scfilcn 2s A«fls pafled, of which 7 are in force at this day. Twcnty-Firft Seflion, being the third Seflion of the fifth General Aflembly, begun on -the 9th day . of June, A. D. 1772: Pi»ge 172. Irt this Seflion 9 Acls pafled, of %\»hich 4 are in force at this day. . Twenty -Second Seflion, being the fourth Sefllon of the fifth General Aflembly, begun on the 20th d.iy of April, A. D. 1773 : Page 1 76. In this Seffion- 5 Ads pafled, of which none^re in force at this day. Twenty-Thind Scflloir, being the fifth Seflion of the fifth General Aflembly,. bcgutt on the 12th day of October, A. D. 1773 : Pige 178- In thi."* Sefllon 13 A(fcs jxifled, of which 4 are in forceat this dayi .i.Mii.'jr. >'.),'. Twcnty-Fburth Seflion, being the fixth Sefllon of the fifth General AfTembly, begun on the 6th ■ dtiy of Oftober, A. D. 1774: Page 183. In this Seflion 17 Adls pafled, of which 9 .are in force atthis day. T\renty-Fifth ScfTion, being the feventh SdHon of the fifth General Aflembly, begun onthe i2di -^ dhy of June, A. D. 1775,: Page 193. In this Sefllon 9 A Thirty .Third Seflion, being the fifteenth Scfllon of the fifth General Aflembly, begun on the nth day of June, A.D. 1782 : Page 225. In this Seflion 14 Afts paflcd, of which 3 are in force at this day. Thirty-Fourth Seflion, betiig'the fifteenth Seflion of the fifth General Aflembly, begun on the' 6th day of October, A. D. 1783 : Pago 230. In this Seflion 18 Acls pafled, of which 8 arc in force at this day. Thirty-Fifth SeHlon, being the feventecnth and lafl Seflion of the fifth General Aflembly, begun mx the I ft day of November, A. D* 1784 : Page 239. In this Seflion 11 A(5):s pafled, of which 4 are in force at this day. , ' Thirty-Stxth Seflion, being the firft Scfllon of the fixth General Aflembly, met on the 5th day ofDecembcr, A.D. 1785 : i^ge 24.3. In this Scfllon 6 Acts palTedi^ofwhich 2 are in force at this day. Thirty-Sevrnth' Scfllon, being thefccond Scfllrm of the fixth General Aflembly, begunon the 8th day of June, A. D. 1786 : Page 245^, In this Sefliyn 9 Afl-s paflcd, of which 4 are in force at this day. . Thirty-Eighth Seflion, being the third Seflion of the fisth General Aflembly, begun on the 25th day ofOiflober, A. D. 1787 : Page 25:. In this Seflion 17 Acts p^afled, of which 8 are in force at this day. i,.^ * Thirty-Ninth Scfllon, being the fburth Seflion of the fixth General "Aflembly, begun on the 5th day of March, A. D. 1789 : Page 265. lu this Seflion 17 Acts paflibd, of which 1 1 are in force at this day. Fortieth Seflllon, being the fifth Sefll )n of the fixth General Aflembly, begun on the 25th day of February, A.D. 1790 : Page- 27,7. In thisScflfion 15 Acts pafled, of which 8 are in fore; at thi^ day. Forty-Firft Scfllon, being the fixth Scfllon of t Lis fi-xth General Aflembly, W?gun onthe 6th day ;*f June, A. !>. 1791 : Page 2S3. In this Seflloi* 17 Acts pafled, of which 9 are In force at this day. Forty-Second Scfllon, being tlie fcventh and laft Seflion of "the fixih General Aflembly, begun on the 6th day of June, A.D. i79a: Page 20c. In thie Seflion 1 5, A^s pafled, of whlcii 10 arcin force at this day. Forty-Tiiird Scfllun, being the firft Seflion of the fevcnth General Aflfembly, met on the 20th . da>'.' l^ H 'i day 0? March, A.D. 1793 : Page 508: ItvtMs Scflion jj Aifts paflcd, of which 16 are in force i2 Forty-Fourth Scflion, being the fccond Scffion of the fevcnth General Affembly, begun ori the-' Gihday of.Jur*c, A. I>. 1 794 : Page 33 1 . hi- this ficlUnn 1 7. Afts iiaflcd, of which 7 are in force at this- day. Forty-Fifth Scffion, being the third Scflion of tlic Seventh (icnerai AlTcmbly, begun on the 12th ii^Y of Marchy A;D. 1795: Page 344-. In this SeOion- 1 1 Adl> paflcd* of whiclt>7 are in/orccat Forty-Sixth Scflion, being the fourth Scflion of the fevcnth General Aflembly, biegtin on the 3d day of Mai-clt> A.D. 1796 : Page 3(75,* In -this Seffien iS Ads pafled, «f which 11 are. in fore* at this day. Forty-Seventh Scflion, being the fifth Seflion of the fevcnth General Aflembly, begun on thii'iStFir day of June, A. D. 1797 : Page'393> lu this SciEon 10 Acbspaflisd, of w x\.^ paflcd) of which 10 arc in force at this day.. Fiftieth Seflion, being the firft Seflion of the eighth General Aflembly, met on the 20th day of Februstryy A. U. 18 /O : Page 41^ In> this Seflion- 1 9^.Acl3pafli!d,^of which 13. are in force at this day. Fifry-Firil Scflion, being the fccond Seflion of the eighth General Aflembly, begun on the 9th day of June, A. IX I'Soi :- Page -43 5, la this Seflion 18 Acls paflcd-, of which 1 2 are in force at this day. Fifty-Second Sefllcnv being the third Scflion of the eighth General AflTembly, begun on the 25th thy of FcbruapyyA. D. 1002 :' Page 456. Inlhis Scflion ao A6s paflcd, of which 1 1 arcin force at this day. Fifty-Third Scflion, being the fourth Seflion of the eighth General t\ fienibly, begun on the ill day of June, A.D. 1803.: Page 467. In tlu» Seflion i3.Aftypaflid, of which 6 arc in force at tliif «fciy. Fifty-Fourth Scflion, being the fifth Scflion of the eighth General Aflembly, begun on the 21ft Aiyof June, A. D. v8o4: Piigc 474. Ih this Scflionn A.i.('rip,4. 34tliGeo, :ilc;i;i. 8. lev. ,:. illCJeo. ,^ Clip. ,!• 5th(7to. J cap. 8. rjth C). .> cap. 5. i.-,dCco. .•;c;ip.9. 2 9th(iO. 3.CUp.i^. ;tll:r'tary ol Coupcil, a.-. J U,iv:d l.!ovcl,C!crk cl -.'.w lloull. :it' AUcml-lv. c.n. Anno tric^dmo facundo Gcorgii II. m^ I PdrliMs claiming 'tittettoUn(b,&e. 'by virtue of sntnti in like manner hath heretofore been allowed : and that, upon proof of one credible fubfiribing witnefs, to the due execution of fuch deed or conveyance, the fame fhall accordingly be regiftered^ without any other ceremony , or form ficrctofore ufcd ; any former ufc or cuftom to the contrary in any wife notwithfbndtng. XIIL Atid be it further enabled by the authority aforefiid^ That if any original deed fhall be loft, and proof thereof in court being made, that tlien the regiftry or record of fuch deed or deeds, ihall be allowed to be good evidence in any court of law or equity, within this province. The Refoiution or A&. referred tQ and confirmed in the foregoiBg Aft, is as follows : IN Council the 3d February, 1752, Refolvedt That a memorial of all deeds, convc)'anccs, and mortgages, which from and after the firft day of March next cnfuing, fluH be made and executed,:©?, or concerning, or whereby any honours, manors, lands, tenements, or heredita- ments in the province of Nova-Scotia, may be any ways af&ftcd in lav/ or equity, fhall be rcgi- f^cred in fuch manner as is herein after dircfted.. and thatevery fuch deed and conveyance that fliall, at any time, after the firft;day of March, in the year of our Lord one thoufand, fcvcn hun- dred and fifty two, be made and execu-d, fhall be adjudged fraudulent and void, againft any fubfequent purchafer for valuaUe confideration . unlcfs fuch memorial thereof fhall have been re^ftered as by this aft is direfted, before the rc^ftcring the memorial of the deed or convey- ance, under which fu^h fubfequent pwrchafer or mortgagee fhall ehim. II. . t HJ( The efiVa of cxtcntions, ; jd. Ceo. K. Char' ^5. ^ Ji«i Ceo. III. Ciirp. ?. id SiCion. Dtblon mty re- cover their Undt on payment in I « mo9ta» fttmi «<1 Oft. zrjS(Ofths c«afiderationnK). ne V paid by the Ua pweh«(er, with all charges. Debtors may pro- fecute, an a£iioa of account. Deeds. Sccm^Je by parchaferaiiD- derProroftMar- flial's decdt, i;i ODC year from ad Oft. ijst, for a larger fum to be voia'. Nolandstobefold by the Proroft KarfhitI, &C. Not to hv tJie title of u.if/tmi tmiert. Itefolutionofthe Governor and Covncil for re- Kiftry of lands, See. confirmed. De*ds to bs re- Siitcrcd at ftill :ngdi. If deeds are loft iliecopv from the Uegiury to be i\- luwedasLvidunce After rft March, ij[.;i,a racmori;d ofiill deeds, 6io. cfifCtinj; lani'.s, to bo regirtercd. as herein :itt;.T dirfiiaed, or fuch deeds ftall he adjudged haudu- !;nt. 1 y •* c.n. Anno tricefiino fecundo GEOHoir II. 'i75« dced''&''"m f ^^' "^^^ ^ memorial of all deeds, cuiiveyanccs and mortgages, which fliall have, before the before the iit of ilrll day of March aforefaid, in the year of our Lord one thoufand feven hundred and fifty l«*regi(t"f li ai *^°' "'^^^ ^' ""/ time, made and executed, of, or concerning, or whereby any honours. - herein Hfi-rdirec ■ tC(J,orruclidi.cti!i tobenullaodvujd. mxnors, land.s, tenements, or hereditaments, within tlic province of Nova-Scotia, may be any ways afiefkd in law or equity, fliall be regillered in fucli manner as is herein after dire^ed ; and all fuch deeds, conveyances, and mortgages, whicli fhall be omitted to be fo regiftered, fliall be null and void againft any fubfcqucnt purchafer for valuable confidcration. til. That all fuch- dcddjj conveyances and mortgages, which fliall have been made and exe- iands.'in County cutcd bcforc the faid iirft day of March, in the year of our Lord one Uioufand fcven hundred bcrorV/ftAUrch and fifty two, (and which have not been already regiftercd in the public rcgiftry of the pro- '7>.»' ('Yi^,."'" vince) of, concerning, or which do any ways affcfb any honours, manors, lands, tenements, or tobeiegiftcrcdas hercditamaits within the county of Halifax, within the faid Province, fliall be regiftered in tcTon or^ber*^ manner as is l»crein after mentioncd^on or before the thirtieth i8. Anno trlcefimo fecundo Georgii IT. C. 11. in fuch dc;ed, conveyance or mortgage, and the names of. the pariihcs, toAvnflilps, harolets, pre- cin^, or e^^tra-parochial places, within the faid county, where any fuch honors, manors, lands, tenements or hereditaments, are lying or being, that arc given, granted or conveyed, or any way affected or charged by any fuch deed, conveyance, or mortgage, in fucK manner as the fame are e^sprcilcd or mentioned in faid deed, conveyance, or mortgagie, or to the lame efiecb . IX. And every fiich deed, conveyance, or mortgage, of which the memorial. is to befb regi- fiered, ihall be produced to the faid Regiiler or his deputy, at the time of entering fuch memorial, who fhall endorfe a certificate on every fuch deed, conveyance, or mortgage, and therein mention the certain day, hour and time, on which fuch memorial is fo entered, which certificate, fo en- dorfed, fliall alfo be figncd by the faid Regifter or his deputy. X. Which certificates fhall be taken and allowed as evidence of fuch refpeftive regifteries in all co.urts of record in the faid province arid everv page of fuch regiftry books, and every me- morial that fhall ^e entered therein, fh;jll be mimbt. ^, and the day of the' month, and the yeftk', and hour or time of the day, when fuch nicmorial is rcgiflercd, fhall be entered in the margins of the faid ttgiflry books, and in the margins of the faid memorials. And the RegifVer oJr his deputy fliuU keep an. alphabetical calendar of all parifhcs', extra-parochial places and townfhips, within the faid county, with reference to the number of every meitioHal that concerns the honours, manors, &c. in every fuch parifh, extra-parochial place, or ttownfhip rrfpe6Hv(ely,'and of the names of the parties mentioned in fuch memorial. And the Regifter or his deputy fhall duly fije every fuch memorial in order of time, as the fame fhall l>e brought to the faid office, and enter or regifter the faid memorial's in the fame order as they rei^ftiv^ly iorite to his hands. XI. That the keglfter for the time being, or his deputy, fhall be allowed, fOir the entry of every fuch memtJrtal, '$< Is by this aft direfted to be rCgiftered, the fum of onC fhlllingj and no more, in cafe the fame do not exceed two hundred words; and if more, then aft^r the rate of fixpencb an hundred for all the words contained in fuch memorial, over and above thie firfl two hundred •words ; and the like fees for the like number' of words contained in every certificate or copy 'given out of the faid office, and no more; and for every fcarch in the faid office, one fhilling and no more. XII. That if iny p6rfoh or perfohs fhall, at any time, forge or counterfeit any entry of the ac- knowledgement of any fuch memorial, certificate or ehdorfcinent, as is herein thentioried or direfted to be made, and be thereof lawfully conviftxd, fuch.perfon or perfons fhall incur and be liable, to fuch pains and penalties, as in and by an aft bf pafUament made' in the fifth yearof Queen Elizabeth, (entided an aft agdnfl forgers of falfe deeds and writings) are ifflpofed upon perfons for forging and publifliing of all falfe deeds, chitrters or >vritings fealed, court rolls, or wills, whereby the freehold or inheritance of any perfon or pe'rfons of, in, or urito any lands, tenements or here^taments, fhall or may be mdefted, troubled or chafged. And that if any perfon or perfons fhall, at any time, forfwear him or thcmfelves, before tlit'faic' Regifter for the time being, or his deputy, in any of the cafes herein mentioned, arid.be. thereof kwfbllyton- vifted, fuch l^rfon and perfons fhall incur, and be liable to the &me penalties, as if the fame bath had been made in any cOuirt of record within this province. Xin. That in cafe of mortgages, whereof memorials fliall be enfdred in the Regifte'r*s office as before mentioned purfuant to this aft, if at a'ny time afterwards, a certificate fhall be brought to the faid Regifter or his deputy, figned by th6 mortgagee or mortgagees, his, her, or their executors, adminiftrators or afllgns, and attefted by two witheffes, whereby it fhall appear that all monies, due upon fuch mortgage, have been paid or fatisfied in difcharge thereof, which wit- nefTes fhall, upon their oaths before the faid Regifter or his deputy, (who are hereby refpeftively empowered to adminifter fuch oath) prove fuch monies to be fatisfied or paid accordingly, and that they faw fuch certificate figncd by the faid mortgagee or mortgagees, his, her, or their heirs, txecutors, adminiftrators, or affigns,that then and in fuch cafe, the faid Regifter or his deputy B fliall Original deeookt «Kiiiiift the rcgi- Hrvcft' the memo- rial of moitgiige. 'Public ae^. Jufticesittfcilioni to enouire offuch furcible entry, and if proved to the f.itisfa^tionof thejwry, the party to be again put into roflcirion offuch lands, &c. «nd recover tre- ble damages and cofts. Etig.Siat.i lEUz, Cap, II. Not to extend to Pcrfonswholiivc been poflcfled of lands, fur the fpace of 3 years. fhall make an entry in the margin of the faid regiftry books, againft the rcgiflry of the memori« als'offuch mortgage, that I'uch mortgage is fatisfied and difchargcd, according to fuch certificath to which the lame entry fhall refer, and ibtUl aftenvard:i file fuch certificate, to rcm^n upon record in the faid olHcie. XIV. That this Adt ih^ be taken aVid allowed in ail cburts within this province, as a public acl, and all judges, jiiftlcds, and other perfons therein concerned, are hereby re^ufa-ed to take fuch notice therieof, without fjpccill plieading of the fame. ■K&.i in nmend- tnentofthisajt. H Geo. J. Cap. I. t9Geo.3.Cap.io T.ng.SM.%.H.(,. C.'i.Carthew 4^(t Perluns, making any forcible en- try into hottfcs, &c.tobearre(lca by warrant from ajuftice, tnd bound to u- pear attiextSelli- onj of the Peace, to anfwer fuch complaint. ' i 't A ]p. ill. An ACT dire<$ling the proceedings againft forcible entry or detainer. BE it enaHedby Hit Excellency the Cover nor y Council, and JjemNy, and by the authority of the fame it is hereby frttf<7fy virtue of tltis a(fl to enquire by the oath of the party grieved, and other credible proof, as well of him, her, or them xs make fuch forcible entry into houfes, lands, tenelhents or other pofTefllons, as of him, her, or them, as detain and hold the fame with force a$ aforefaid : And if it fhall be found by the jury, then and there returned and fworn, that a for- cible entry is made into any houfes, lands, tenements or pofTeffionS, or that the fame are detained and held with force as aforefaid, then the faid jufticcs, by warrant under the hand of the clerk of the faid court, diredled to the ProvoflMarfhal or his deputy, fliall caufe the fame houfes, lands^ tenements or other pofTefnons, within fourteen days after fuch trial had, to be re-feized, and thereof the party to be again put into poffefTion, who in fuch Tort was put but or holden out, wherein no appeal fliall be allowed to fuch offender or offenders. And moreover the party grieved fliall and may by adlion of trefpafs, recover treble damages and cofts of fuit agalnfl fuch Offender or olfenders, any law, ufagc, or cuftom to the contrary notwithftanding. III. Provided always. That this Aft fhall not extend or be conftrued to extend unto any perfori or perfons, that have had the occupation, or have been in quiet pofTefTion ofany lands, tenements or pofTefllons, by the fpace of three whole years together next before, and his, her, or their eftatc or eflates therein not endsd or determined. CAP. \ Under the £ngli(h Statutes it has been adjndced, ', ' »i ■ i ifl. What a.yii.j%\ x Ha-wk.P.C.HT, /)j//. 300, .■115,316. . id. On what poflcflions forcible entry or detainer maybe committed, y\itCro.Ja.^^. Cro. Cha.tot,n%6\ tLtv.9^ t 1 Mod. 73. ' 4th. The manner of awarding reftitution, vide t Hafvk. P. Cifxi C«. Litl. 3*3 ; Dah. 314 ; i Vettt, 308. jth. What Ihall be bars to reuituiion ^d of fuperfeding execution of the fame, vide i Hawle. P. C. 1 ji| IJ4 { i7«&. 79, ti> 84. i75«- Anno tiiceruiAo (ccundo Georoii II. CAP. IV. C. JV.-V. ? An ACT to prohibit the erecting of Diflilling HoufcS, ot fetting up Stills within the Town of Halifax, or within one quarter of a mile of the prefent lines ot pickets of th'e faid Town. BE it enabled ly His Exeellenej the Governor^ Council^ and Ajfembly^ and by the Authority of the fame it is hereby enadedt That from and avter the publicitlon heitof, no pcrfon or perfons what- foever,fha]l eicfi any DiftUling Houfcs, or fet up any Stills fordiftiUing of cordial waters, or any fpirituous liquors, within the Town of Halifax, or within one quarter of a mile of the prefent Unes or pickets of (aid Town on pain of forfeiting the fum ofone hundred pounds, for every Still fo fet up, and Diftilling Houfe fo ere^d : to be recovered by bill, pbint, or ikifomiation, in any of His Majefty's courts of record within this province \ one fourth part to the informer or proiecutor, the remainder to the ufes of the government ; and the laid Stills flilll be deemed and adjudged to be a public nuifancc, and ihall be accordingly removed. No Diftilling Houfci or Sulb to be crcAcd within th« Towrt of Haliftx, or wUhin a quarter of a mile of the picketed line*, on penalty of/'.ioe. Such Stilli deem- ed f ubbe nuilan- cei. C A P. V. An ACT for the eftablilhment 6f religious public Worfliip in this Province, and for fuppreffing Popery. FORASMUCrt ai tiis Majejly vpon thefittlement rftle Province^ Hvaspkafedy in His pious concern for the advancement ofGQD'i glory, and the more decent tekbration of the divine ordinances amohgfi W, to cre^ a Church for religious -worfhip, according to the ufuage of the Church of England ; in huitibU imitation of his Royal example, and for the mre efefiual attairihient of his Maje/h's pious intentiensi that we might in the excrcife of religious duties, be feeking for the divine favour dnd prote^on, be ii Iherefcrc enabled by bis Excellency the Governor, Council and Affembly, That the facred rites and cere- monies of divine worihip, according to the liturgy of the Church eftablifhed by the laws of England, (hall be deemed the fi)ced form of worfliip atnongft us, and the place wherein fucH liturgy ihall be ufcd, fliall be refpe£ted and known by the name of the Church of England as by law eftablifhed. And that for the prefcrvation of purity and unity of do^brine and difdpliiie in the church, dnd the right admihiftratidn of the facramcnts, no minifter fliall be admitted to ofHdatc as a minifler of the Church of England, but fiich as fliall produce to the Governor, a teflimonial, that he hath been licenced by the Bifliop of London, and fliall publickly d^areHis ailent and confent to the book of common prayer, and fliall fubfcribe to be confbnhable to the orders and conflitutions of the Church of England, and the \vin there eftabliflied ; iipoh which the Governor is hereby requeued to induA the (aid minifter into any parifli thstt fliall make prcfentation of him. And if any other perfon pretending himfelf a minifter df the Church of England, fliall, contrary to this aft, prcfume to teach or preach publicly or privately, the Governor and Council are hereby deilred and empowered to fufpcnd and filence the perfon fo offending. II. Provided neverthelefs, and it is the true intent ;ind meaning of this aft, that Proteftants, dif- fcnting front the Churdi of England, whether they be CalviAifts, Luthetans, Quakers, or under what denomination foevcr, fliafl have free liberty of confciencc, ~nd may ereft and build meeting houfes for public worfliip, and may choofc and eleft minifters for the carrying on divine fervice and adminiftration of the facraments, according to their feveral opinions : and all contrafts made between their minifters and their congregations for the fupport of the miniftry, are hereby de- clared valid, and ihall have their full force and efieft, according to the tenor and conditions thereof) AAs in amend* mentofthisaA, a feiC. 33 Geo. » cap. 3 aad lo. 34Geo.a.cap.io I Geo. 3. cap. z. 7&IOco.i.c.t. t J Geo. 3. cap.9. 3} Geo. 3.cap.a. 40 Geo. 3. cap. i Preamble. Liturgy oflthe ChttrcK of Eng. land efiabliflied. No minifter to officiate without a certificate from the Bilhosi of London. dthcn to be fi- lenced. Proteftant.-liflen- ten excepted; C. Vl-Vfl. Anno tricefimb fecundo Georgp II. thereof ; niul all fuch DiiTcntcrs fliall be cxcuTcd from any rates or taxes to be made and levied for tlic lupport of the ciluhliihcd Churci; of England. i-:r,r.xM.ii:srtt ^''* ^"<^i^ it further cnaftaf, 'i'lnt cvtry |)apiiii pcrfon, cxcrcifing any ccetennflical jurifdiflion, iVtl id, nJfc.i and every pnpUh pried -or perfon excrcirmjr the funtftion of a nopilh prieft, (hall depart jout of ticpatt the pro- ^his province on or before toe twrnty-tittn :day ot March, i7J<> And if any fuch perfon or xi'^.u*'^"!"'*'' perfons (hall be found in this province after the faid day, he or they fhall, tipon conviftion, be M^n'^oFptrpctiwl adjudged to fuffcr perpetual iirprifonment : and if any pcrfon or perfony lb Imprifoned, IMJ frtipr.ii)nini;nt. •ndcxcufcdfroni rates fur the clb- blilhed church. i'>e..V/<»Mi£s'i Efdapi: to be deemed Icluny. Jung. Stat. i^ER. fnp. i. Pcrfons harbour, piipi/h pricfh to OfTcniTH tried at fuprenic court or by i'pcciaj coiii- millioii of" oyer and ttriiiinor. Anyjufb'c*: cf the bind the witneifca tu ^ippcar, eleliaftii Imis as into tho province as prilbncrs of war, o: driven in fey flupv/icck. CAP. VII. Repealed bv His An ACT foi" cftablifliing the rate of Spanlfli Dollars, and the interefl: M^yeftyincou,.. ^^ Moncy wlthitt this Province. CAP. i 3J758* Anno triccfimo fecundo Georgii II. C. VIII-IX-X-XI 9 CAP. VIII. An Ad for crcding a Light-Houfc at the entrance of the harbour of rhi. m k.,, Halifax. i.«ntx.cuiu. CAP, IX. An ACT for crc6llng a Houfe of Corredion, or Work-Houfc, with- in thv! Town of Halifax. CAP. X. An ACT to prevent foreflalling the Market. WHEREAS hirj^e qimntiti.'s of lire Jlock, fre/}i prdvi/ion, and clhcr artUlei are imfortcd mil this province for falcfrvn the tuij^hbo tiring cohnicu ond divers pcrfons make a pn/i^icc ofivu {rc^'iiig t/je/jme immediately upon the or ri'val thereof, to the great prejudice of the inhab" ants ; Beit •tnaitcdby his Excellency iht Governcr, CcuncU and Ajjcmldy, indhythe airthorityofthefamcit is hcrchy emic^el. That all kindd of live Uock,(oxcn and iheqj excepted) all dead t'refh provifion, grain, hiiy, roots, or garden ftuff, which Ihall be imported fcr falc into-jny port of this province, after publication hereof, fliall, by the importers thereof, be brought to fome public wharf, and there openly expofed to fa)e, for forty eight hour»; and pul>lic notice fhall be given thereof througli the town or place where the fame (hall befo imprrrtetl, by the common crycr : And no furh live ftock or dead frefh provifion \*4utfocvcr, grain, hay, roots, or garden ftuft", (liall, durirg the faid forty eight hours be fold,' or contracted for iti gro(s, to or with any pcrfon or pcrfons whatfoever. on penrJty of the forfeiture of the article of articUs fofold or bought, or contract- ed for, or the value thereof, upon conviction by the oath of one rrcdrbl'" witnelii before any two of his Majcfty'sjuftices of the peace, to be levied by warrant of dillrcfs, under the hands and fe; Js of the faid jufticcs ; one lialf of fuch forfeitures to be to the ulc of the informer, and the o-- ther half to the ufe of the poor of the place where fuch forfeiture (hall be incurred. II. Provided ahtMys, That nothing in this aftihallbe conlUued to extend to the importation of flour of allkinds, biicuit breai, or fifli.- III. Provided a/fc, That in cafe any dead frelh pnrvifion (hall,' at any time be imported, which by the length of the paflagc, or other accident, fliall be perilhing, or in a decaying con- dition, That then, upon application of the impnrt«r to twoofhlsMajefty's juftices of thepcacc, fetting forth upon oath, fach the conditixm of the proviCon fo imported, fuch juftices may» and they are hereby iiiipowercd, under their hanils andieals, to grant permiffion to fuch im- porter, immediately, to fell and difpofe of fuch provition in the fpeedieft maimer, any thing in this aft contained to the contrary notwithftanding. IV. ylnd be it further enadcd. That all profecutions under this aft, fhall bo within ten days after the offence committed. Thii All f»§ b c-ii Uf wuted . Atli whirh hive rcftimci- *'> tlio UmtCv.\<'n.ft,f :l\ i'tty .111. cP' ft. iSih Ocu. J ;. Cip. u ig C:'). Ill r-.p, i.ix. ,j,4.iii(J t, j3'liOio. jJ. ji,i!i Ctu, 3d, cip.-t, 4Jtil Ceo. jcj. Live ftoc!;, dca>l frefh prii,ifi(ir«, 8tc. ti) be t'xpo- Ted to tiilv 48 hours on lun.t public whu(i Notice fo he fir. futheicothy tae Ciicr Not to \y ^-. ot torf- iui)g t'-H valuu Nottorxfcndro- flour, hikuit or (iih. r)'-;aif fii,ni pro vidp'i, pcrnJiiug cxc-pttd Prof j'.ition whiiU, uii days /ua led CAP. XI.. Ail ACT relating to Wills, Legacies, and Executors, and for the Settlement and Diftribution of the Eftatcs of Intellates. • 'B T. it enoSlcd by his- Excellency the Govern'r, CoHncil and A(Kmhl\\ and /'v the Auihorifv of the \ jd-;i;:: is hereby ciicdcdi That every perfon fhall have power lo give and devife, by his A>.1s in a'Idiuon ' too; p.'iniutment of rhis Ai", .r-d, Cito. id. cajr,. »<"), ftc. I, J, 9, ^5.d. fia>, id. cip. iX, lec. ^, a'Hl 7 j4>Ji Geo. ail. cup, ;, I :th Geo. C:.p. I. .(cUi Geo. cap. i ■A. I JO Fnpifl.u. .i4anJ ,^?. 11. «, c. .?. ie.t. 4 1 14' ?<) Cir. i.e. J, lect. 5,6. Any pcifitn mnv l)V llicir h\\ will <1e\ lie l.iiids, I^C. ?.T..y85. Ciiuiiow 1.15. 514. 3 Mod. 2iS. }6i. Feme covet t,Jt:. Ko cltvi!'.- in V itiiiK to be 1'.'- \oc;!bl<' K;t bv aiuithei will, &c. ."!. Mod. jOo Fng. ft;it. J9. Car. 1, c. J, 1-0. 19. ■N'\in«up.'itivc^ill C. XI. Anno tricefimo feeunJo GcoRori IL 17^. Tn!* fl.it. 1.7, C !■•. 1. c. 3. Ice so. Motto be pro- ved ahcr !i*: monthi, urit;'.. \.;. r.ng. {tj;. f) Car. a. c. 3. kc. II. J-c'.tcr'!, 'Icft.i- imiit.iry, fcc. . not to p^fs .'>ny C'l'Jrt t:li 14 llic prtii.irc lc, cr of any eftatc in coparcenary, or in common in fee funplc, in pofU'dion, icverfion, or remainder, ai much as in liim of lig'it is, to the faid lands, «';:nenient.s, r.nd hereditament"!?, or in like manner tndevife any rents or profits out of the fame at his pleafure. Prorj/c/ui, that wills made of any lands, tenements or heredil.uiients, or any rents or profits cut of the fame, by any woman covert, or pcrfon wilJiin the age pf twenty ona years, idiot, or of unfound mind, fliall not be good in law. II. Jlnd he it further niinn-'J, Tliat no devife in writing, of any 1. nds, tcncmcntfi, or herc- ilitamentf;, flu'! be revociblc, otltcrwifc tJian by iome other v.ill or codicil in writitg, ot other wriuritj; ligned in the prcicnix of three or more witnefTes, d-claring the fame, or by burning, c.incelling, tcarini^ or (.biitcralin^ il-e t^iie by the teilator hlmlclf, or in his prc- fenee, and liy his direclions and confent. III. And /<■ li further crajed by ih: authar'ity aforefaid, Tiiat from and r.fte.r the Hrft day of January, in the year of our Lf>rd Oiic thoufand icven hundred and fif'.y nine, no nuncupa- tive \\ ill fliall be good, wliere the cftatc thereby bequeathed, ihall exceed the value of thirty pounds, that is not proved by the o;uh of tlirce witneiVcs (at tlie le.;ft) that were prcferit at the making thereof, rov u'. V-fs it be proved that the teihitor, j-.t the time of pror.C'Uncing 1 he funic, did bid th.c pcrfons p; efent, or fv^me of them be.ir wltnefs, that fuch was his will, or to tiut ellcd ; nor unlefs fuch nuncupative will was made in the time of the laft fickncfs of the deceal'.'d, and in the houfe of his or their habitation or dwelling, or wlicrc he or (lie hatli been rcliilent, for t!ic term of ten days or more, ne:it before the making of fuch will, except wliijic fuch pcrfon w.:> ilupriled or taken hck, being from his ownhuufe, and died before lie rcti'rncd 10 the place of his or her dwelling. IV. And he it further er.achd, 'liiat after hx months paft after the fpeaking of the pre- tended teltaiT'.entary words, wo tchimony fli.ill be received to prove any will nuncupative, except the faid teriimviny or the fubftance tJiercof, be committed to v/riting, within iix days after making the faid will. V. And be it further cnacld. That no letters Icfiamcntiry or probate of any nuncupative, will, flidl p.ifs th^ fe.d of any court till fourteen days, at tlie leaf}, aftt;r the deceafe of the Tefiator be fully expired, nor ihall any nuncupative will be at any lime received to be pnwcd, uiili'- iroccfs have firttiiTucd to r.ill in tJie widow, or next of kindred to the dcceafed, to (lie end thry mr.y contcR tl-.e ian.o ; and all fuch witnefles as ought to be allowed to be good witnedes upon t: ials at l,iw, fl.^11 be d .'cmcd good witncfies to prove any nuncupative will, or any thing relating thereunto. \'I. And be it further cnaSled, T'lat no will i.i writing, concerning any perfonal cftatc fij.iil be rrpcilcd, nor ihall jr.y c!;Mii"e, dc.vilc or bequcft therein, be altered or ch.mgcd Ijy word.s or will, by word of mouth only, except the lame be, in the life of the tcdalor, com- irittcd to V. iir;n;r: and, after the writing thereof, read unto tin; teliat(5r, and allowed by him, and proved to bo ib done, by rl'.r.'i v.itnciles at the leair. J'rofit/ed hievert/ie/e/}, 'ihal any foidier, being in adujl n.iiitary fervicc, or any mariner (ir f-.mien, b. In;,', at Ai, .Jnay dilpi>fc of his move.-'.blos, wages, and perfona! eftale, as tliey inlglit have done before l]ie making thin aft, and that nothing ii: this at't Ih.tll alter the juriididion or rii\h( of probate of v.i'!::, con- cers.irg perlonal cllalc.-^ vi lieJ ii> the (iovcrnor., or Commander in Chief for tlie t'i'.ie 1 ung, who firail rct.iin the fan'.e right aiul power as they had bcfc^re hi every rclj'ccl, fubjcd nevciv tliclciii lolhc rules and dircr.iiuns of iliis act. VIL 3^75^' Anno tricefimo fecundo Georgii II. C. XI. VII. And he It further cnafled, by the /luthor'tty aforcfaiJ^ That if any executor or executors of the will of any perfondeccafal, knowing of their being fo named and appointed, Ihall not within the term of thirty day next after the deccafe of the tcllator, caufe fuch will to be proved and recorded in t!ie re-rifter's office, of the fame county where the deceai'ed pcrfon laft dwelt, or prefcnt the faid will, and declare his or their refufal of the cxccutorfhip ; every executor fo neglecting iiis or her truft and duty in t hat behalfj (without juft cxcufe made and accepted for fuch delay) Ihall forfeit the fum of iive pr>'.inds every month, from and after the expiration of the fliicl thirty drvys, until he or they Ihall caufff probate of fuch will to be made, or prefcnt the fame as aforclaid ; Kvery Inch forfeiture to be had and recovered by aftion of debt, in the inferior court of conmion pleas in t])e fame r.ountv, at the fuit. of any of the heirs or creditors, and for the ufe of }ii;n or tliem that fluill inform and fue for the fame. And upon any Inch refufal of llic executor ( r c.se.;utors, thejud;:;c fliall commit adminilliration of the eftate of the dcccafed, wi; !i tho will '.LnnoTccd, unto the widow, or next of kin to the dc- ccafcd, and upon their rcfuliil, to one or more of the principal creditors as he (hall think fit. VIIT. And he it further emulcU That ifanyporCon or pcrfons ihall be found guilty of fun- preiling any laft will and tciiamort, uicli pcrlbn or pcrfon^i fliall be fubject and liable to the i'ame penalty, as by this Aclis prel'ciiljcd for peifons ncgijding to prove any laft will or tcftatr.ent. IX. And be it further cnaded. That where any certain legacy is or fliall be bequeathed and given by any pcrfon in his or her kft will and tcftamcnt, as alfo vJicrc any reficbMry or uncertain legacy is, or fhall, by the account of any executor, be reduced to a certainty every fuch legacy and legacies as aforefaid may be fued for and recovered at the common law, any law, cuftom or ufage to the contrary notwithftanding. X. And he it further enaded. That hcncefonh every executor named in any will taking up- on him that charge by proving fuch will witliin the fp;u;e of three months next after probate thereof, (or at fuch further and longer time, as the Judge of probate fhall fee meet to allow, the circumftances of any cftatc requiring tiie fame) fhall exhilMt into the Regiltcr's office, upon oath, a full and true inventory of the whole cftate of the dixnafed, \'o far as is tlien come to his hands and knowledge ; and Ihall arid thereto what and ib much may fur*-hcr af- terwards appear, on pain of forfeiting five pounds •or every month's neglect thereof after- ward, as is liy law provided for not .prefi-nting a will, and tn he rca)vered in like manner. Provided tiewrlhelrfs. That in wills whore, after th.e payment of d«.'bt,s, and of any certain par- ticular legacy or legacies, the refiduc or remainder of the^ftate is bequeathed gcncr.-lly to any one or more perfons, other than the executors tl-emfclve:; ; in every fuch cafe, an inven- tory of the crtatc fliiill be prcfcnted upon oatli as aforcfiid, and the executor!, fiiallbe hable to account as adniiniflr.itors arc, by law, ol>hged to do. XI. And any executor being a rcilduary legatee, muy bring his a<5fion of account againll his co-executor or executors, of the cHatc of the tcllator, in their hands, and may alio fue for and recover iiis cqv.aland ratcablopart thereof. And any other lefuiuury Legatee (lull have like remedy againft tJie executors. XII. And be it further enacted, That when and fo often as it fliall happen tliat any pcrfon, dies intcftatc, upon application of the widow or next of kin to the init-ftate, within thirty days after the death of fuch intdtate, the faiil judge of probate Ihall grant letters of admin j'- ftration to fuch widow or next of kin •• And in cafe they ncglcft to apply within the faid thirty days, upon liiil citing fuch widow or next of kin, and vhtir refufal to accept tlie lame, fuc!i judge of probata Ihall grant •uhninillration to fuch pcrlbn or porCuv^ as he Ihall jud'j,e fit, ami ho Ihall thereupon take bond wiili fiuTtlcs, inmanncr as i-slM-cHi-d by the Itatutc of the twenty fccondatid twenty third of Charles the Second, chapter the tenth, rntii led, an Act for the better litding inlcftatc cftatcs ; and Ihall ar.d r.uy proceed to CuU fucli ada.lniarators to account II Erecu tors know- irg ot' their l)e- ill;; appointed, to prove w'.llsin 3c (!iV)'s, &c. on pcrally of jl. per month Enp;. flat. ii.H. 3. c. j.k-c. 3 ITpcn the Exo- cutoi's lofulal,* the Jiul.^c ti>" comrijit ad mini-. llr;UiiJii to '-'.ti wiclov, or r.t ^w rit km, ;;r.^ on thvir rotnla), t <• p iiicipui tix-.l.-- 111. j preJiiajj Viiils I-cg.icIo? afce-- t,uni.'ii, rtcnvcri- b!o iit tlic euiu- niuii law I^ycv.tors to ex- hibit an invento- ry of tiie tlfate ofiha licicafid, within _! n-.onihi after pnibatO; 011 pain ot rl. fof every month's iiegli;d, and li:ib!'.' to ac- count in like inani^cr as adaii- niltuiois '^cnjiiary Ifj»a- tce may brii.g artiop of iictonBt "(■.•'■'lit exctu- Ai'.n-jiiiiftiaii.in, i"rij;,.lfat. ji ai.d IS. Car. 1. e. it, I'.C. 2. Vu.l^ll.l.l 95 ■I i i \\ 'C. ft tli.itcs oi in- icllati-s •». lii'i'rcn advr.n- ecd in ihe Ji'e f Tie nf the in- EivJion of Jaoj; Anno tDccfiajo, 'fccuTv5« Geo:rC7i , II. ■i..?.<8. '/ ^ 0/j.'b.teslr.!!ou- kt anil lanils, whirl; cannot be divided \vitlnA;t piLJudice to iti-; wliL'ie 0.f pinion"- "f child' i-'H dyinjf unman'.^Jui uu- ilcr .;ge l>V(.U'.. j'i arcount for, and touching the g,QO.tls oftho inteUijte -. Ajcd upon ;.due hearing and confi- dcratioji thereof, (debts, t'urcrul,.a}id jnfl: cxppKCii.ef all, Ay.ts,. being iirfl aUuwed) the fliid judge fluill, ;ind licrcby. is fully iajpowcrcd, to ordj-r. 'ajvi. mi-c -.i . jvil diftvibution. of the furp!uf;ige, or remaining goods ^J'd cfi;;ite, as m'cU rpJ as- )^K;rfonal, tu nunner follov/ing, Tbdt ii to/ay, one thiid part ot the pergonal eftate, to thcANHi".; ot tjic; ineltatc forever, bciides her dcwerin the houfcsandjands during li^c, ^^■!lere fuch. wifi;C)aH not be qi'hcmife endowed bc- furc marriage; and tlie.fiiid juilgc,]iaving.appojntt?!' guardians in manner, as hci'eafter may or fliidl be by law pr^'fcribed for all minoi.s, .Ih^ill then, out of all the rehdue of fuch real and perfonal eltue ('aj diilribute two ihares or a double portion to the cldell fon than i'urviving, 'where there is no.iffuc t^f the fu;ll born, or of any other elder fon) and the remainder of AU<-h rcfiilue equally to and anvgngll his other ciiildren, and fuch as fhail legally reprcfqpt tl.em ; PjovicieJ, ihAt (^:ildren advanaed by ictdcment or ^portions not equal to the . ethers Iharc, Ihali have fo niueii of the furplufjge, as fliall malce the eftate of ail to ctjual, ixccpt the eldcfi; fon tlicnfurviNing. (where there is no ilFue of the firft.born, pr of anyot'ier elder fon) who fltall have tvo fJiarcsor a double portion of the whole. XIII. /liulbs it further cfia{ft'(/. That fuch sftr^te wliercwilh fuch child or children, have been advanced in the lifetime of the intQp.iite,fli!t]l be. accounted for upon the oath of fuch child or children, before fuch Judge of probate and wills, and for granting letters of adminillration, or by other evidence, to the f^ti^faclion. of the Judge ; aodincafc of reftifai to account upon Ou-t-h, fuch child or children,^-, refufingjflull be.dtbarrcd of any fliarcan the.cllate of the intefiatc. XIV. yliul it is hcr°!''i cFuideJ, That the ^ivifwn of fuch Unds oriencjncritSjjQ'iallbe m:Kle . oy live iujHcient frahohjors ap.Qji. oath, or .any thrpcof tlicm, to be tor thatpurpofe appoii.N ed ar.d fworn by the Judge. Provided . neverthcltf^y that if all Uie parries ir.tereflcd in fuch lands or tenements, bcii;g of V.wful age, OjiiUj i;/ deed,, agree t.o. a divifion, fuch agreenicnt being acknowledged, before, the Judge by the parlies fuhfcribing and fealing the Deed, the f.iid Deed being entered l, tl.'O li'oruon of I'l'.clt -child deccaftd, iihiJi be equally divided amonfT the furv'.vors. And in cafe there be no children, or any Jcgal reprefcntatives of them, then onc..m(^Jcly of the j^erfonal cflatc fliall bp /.Hotted to the wifcof the inteftate for ever, and one third of the real cllale for teim of life. The rtudue boih of tht real and pcr- foral eftate, ccjually to every of tl-.e next of kin of the i.iteftatc in efjual degree, and t):oie who .k'^ally reprctr.t tliem. No reprcfcntalivcs to lie admitted among collaterals afijr brother's andiiiler's children. And if there bcno wiiic, a';^ fliall be, dillriliulcd among the children, and if no |M (a) Uofpi.-fiiiip; tlic rliflrilHitior. ofpcifonsil tftnt'", vir'i- ?i 5r '.% Car. II. r. i,o. fcr. 4. t V' rn. 4^?. t. Mod. J?- loi- 1 Mini. ^X. Sliov.-er, :^. As to ilie diiUiba'.inn ofiniicfitaiiccs dilTcii;nt fmtn tlic couik- of (Idctnl^;!! rommon la'v, tin: Afl w:is ioiindiid upnn M\^ orAlilnibl'i"; in olhei Colonir";, pjiticulailv olilit jV!;i(J;i(:hni(;;t?-U?,v, wlii' li Av'l.uj'Oii CulLnm ticiriiij" nnd -irpiinit-nt lictcii- H^s M;ij(ity in Ct.uncil, ;-IjOui tlip ycir 17-, ;. in ^ln' i.itt-of I'l'ilip" and Sav:ijjc, by aj.j;cJ I'ruia d.-cicc ui' till. C!w\ 1.11101 ar.d CoiiuliI I'l tli.tt p ovinc", \vj.- juditi..lly laliiiid ;tiid coiuiu.!';d. 175 ^8.. Annotnctiimo fecundo Ge oR'Gn 11. C. XII. ^3 pr no clilld, -to tlie next of kin to the inteftate in equal dej^rcc, and their Icj^al rcprefcntalivcs as aforefaid, and in no other manner \vh,it(bc\'er. And everyone to v.hom any fliire'fliall be allotted, fliall give bond with iuuelies before the faid Judge of J'robate, if debts afterwards be made to appear, to refund and pay back to the adiiiinirirator, his or -her rateable part thereof, and of the adniiniflratoi-.s clian^es. XA'I. Jiid it ii hcrdiy enailed, Tliattlie lands and tenements wherewith any widow fhall be ft) endowed as aforcf«id, llull,4ifter the deceafc of fuch Y'idow, be dis'idcd in like manner as b; this Acl is dlreclcd. XVII. Saving to any pcrfim agf^r-icVcd at any order, fentcnce, or decree irrade for the fet- tlemcnt anddiftribution of any intcftateeftaXc, their right of ap{jeal unto tlic Governor and Council: l:^Vvjry pcrfun fo appealinjT, p^rving fccurity to profccutc the appeal with cfTccls IVovLdc^d tJut fvch appeal be uiade within tlw'-ty days .after fentcnceby the Judge ef Proba-te. XVIII. Aiiii k- it further iiut^lcd. That all fuch cftate, real or perfonal, as is not comprifcd in .'.ny laft will-artd teitan.ent, or is not plainly deviled or given by the fa-mc, fl;iU be diftrilwi- ted in the Htme manner as. inttflate eftates are dir-eCled to he diflributt'dby this Acl:. XIX. J'ld be it further ciurclcd, 'I'hat in cull- tiwt perfonal aflets ilvdl be deficient for the pay- ment of vny debts or Iqjacies, an4i.it Paall be found neceflary by any <:xecntor or adminiflrator to mak\". fale of any ^)art of the rc-d filiate of the deceifed, for the payment of aniy debts or le- gacies, Lucli executor or adnnr.iilrs.tar Ihall iipply to the General Aflbmbly to grant a licence for tlie file of fuch .part of fuch reil cftate, as may be mofl convenient for the payment of fuch debts or legacies, and before any fuk be made of any real eftjitc, the executor or admini- Ibator fliall give thirty diys public ROtice,by polling up notifications in the moft public places in the town where the dcccafex^! jKrfon bft dweJt, and in tl>c publlcsprirrts, if any -fuch there be ; and whoever will give moil fliiUl have the preference in fuch fale. And iti caic the eftate of fuch inteftatc fliall be i;>folvcnt, the executor or adminiflrator {Irall make Wie application to the General Alfcmbly for an inquiry, and for tljc apjxMutmcnt of conmnflioners to inquire into fuch iiifolvency, and to e.^aniinc and fettle the claims of.allxredkors, and the amount of the cftate of fuch infolvcnt, and to authorize fuch executor or adminiftrator to fell all the lands and tenements of fuch infolvent, and to divitle the produce of the whole of fuch eftatcs in due proportion to and among the creditors. Torthr conft^l.^irln nf wills by the cci>v.von ard c!vi!!.;w, vi;Te fwinrUirr's treatife oftcd irr.cnts and Lfl wills ; anufw tlie d(.vilc (!t rc:il tU.itcs by the 19. Car. i.e. ,;, vide e<]uity cafes :,bridj',cd Tit. v lis and tetlamcnts. JLiiiiilctsaiiddt vifi.t3.iic tiiablcJ to.utift 'he t.-iucutioft of wills by But. fvul. 5 'i ■.■>.,t, <. 6, SalV. I. saik*. 150. KaYi". 496 \Vido'.v'3 dovjr atkr " licr death to be divided in iikt: manner Pel fon? afrgncr- eii may ajpeal to the Governor and Council Eft;itt;s not com- pnfed in ;iny lart will to be diftrihuted as ia- >ttftate eilciM Where pcrrnnal affcw aie defici- ent real cihte fiiAllbe fold for pavmcm (ifdobts atidJcgactcs In cr.fc of info^ vent cfta'e?, the General AlFcin- b!v fl;.i'I jppoint Com ni'fliontrs ta feitle the claim s of ereditors, and to 1 ell re.il eilatc to pay lUttm CAP. XII. AN ACT to prevent the Sale of Slop Cloathing, and for puniiliing the Concealers or Harbourers of Seumcu or Marines dcfciting frcin the Royal NavV. "'f Aen.ofti,* J.J jrth , Geo. ;d. WKxrircd at tlie HF.RFAG/w the hsttcr mrryingon the pirfent w,ir,lt has bcai h,'s v.rfl gracious Mcjr/tv's '^i-'' >'>l>^e'A;no. ro)ttl imlUwd phvfirc.fr',:)! time to time^to fnd large fjuadrons of his Jhips efivar into w'a .an ' A.V to North-Amcricn . Andivhcreiis ihe hariour af Hj!rfn\'vn/Mt fxs M(iir/fy\ Prcvi!!re'/'t\'o':u}-i)rct:.'7,frcm i*"-' '•*''' '^''^V's Its fituation^ great Cbn-venicnre, and fofty for copildl f))ip.<, -hath aheuiiys hitherto f>eiv, mid prolhihly dur- i>('.;the-ietir,\i'iJlrcnfi/i!ie'ol>ctheT.>ilty fliall be paid, •^"y PCff^" "j^V HI, lie it pirthcr enacled. That it fliall and may be lawful for any perfon, upon feeing or nun or marines knowing of any fcaman Or marine belonging to any of his Majefty's fliips of war, felling or cxpofing to fiile any of his or their cloathing or flops, to apprclicnd fuch f*aman or marine, and carry hini or them immediately to fome juftice of the peace of the county, who is here- by iapowcred to commit fuch feaman or marine to his Majelly's grul, and to deliver him or them over to the Captain, or other officer of the fhip to whom he or thiy may belong. IV. Be it further cjiiulcd, by the authority afrefud,'\\\iX on information made on oath, bef( re *Tnt"^?i!;™^t ^^'/f^f Ills Majefty's Jufticcs of the Pcace,byany of the officers of lii.s^I.'jofiy's fliips of \var,tiiat to firarchfot lie- one or morc of the feamcn in His Majelly's fervice have dcfcrted or abfcondcd, who there is " 'ha7b!''»n f-aron to bi-licve He ccniccaled in fome dvirlling or out houfe, wlirrc tlic faid officer lias been fi'Iling their efficer reraud Unce iidiiiit- rcfufed admittance ; that then it fliall and may be Liwful for iv.^ jidlicr of the Peace, be- fore v/hom fuch complaint is made, to iffue his warrant to fome one or morc Conftables ini- pov.'cring him or thciu. in the day time, to fe;irch for /aid defortcrs or abfconders, in any dwel- ^""ch'iu'compi- iingorout houfe tliat fiiall be fufpccfedfor concealing faid dcfertcriior abfconders, accompa- nvof (| oncofli- nied by onc ofllccr only, either Lieutenant or Midihipman, and no otlicr Seaman or Marine ''■'^ °'' y ■with him, and in cafe any maftcr or miftrefs of any dwelling houfe or out houfe in this Pro- Pcrfcii"! rcfunrp; vincc, fliall rcfufs entrance to faid CorJlable or Clonllablts, lb impowcredby warrant as afore- /cie aof." ' '^'' liiid to fearch for faid deftrters or abf^:ondcrs, tlicy fhall forfeit the fum of Twenty Pound.i, ti;:on conviclion, to be levied by warrant of uiilrors imdcr the hand and flal of two of His in tt'; nijhi dc- I^Iujefty 's Juftices of the Peace, from ofl" the ofTcnders j-\:rH!s, ar.d for want of fuch diftrcfs, fliall rc.'-ndj'r.i'.uar-c j,^ coniiniitcd to His Malcfty's c[oal for itx months, ami that it fhall and may be lawuil for any and on reKi.il j / o ' _ i / the p-.r'er of oflllsM ijcfty'sjufi Icescf the Peace, who are hereby required uponmtormationonodrhasaforefaid tlip h-'ufe tn ir, tlieni'dittimciii I. i'ownpcrfon, attended wiiht he conf tables, acccnipinicdbvoneoflicer.eilher lor ' ii- ji'i. or o i ' . . l,:''c liMniv.hs Ll;utcnai.t or r.lieiH;ipn:;;n, and no tjlhcr Scaaun ur Maiiue %\:tli LI./., to deu'.aud entrance jiilumuuji '^.^^ ^75^' m 1758. Ar.no tnccfimo fecundo Georgii II. cxin. »5 I tbcm agahiji the '^cjl/t JJyips of war ce of their health by om the loant oftJye Excellency the Go- That if any per- Hift any dofertcr I fbrfcit the fum ny three JulUcos I by diftrcfs, and jefty's fjoa!, there time as tlie faid !gc, or exchange y's (hips ofwar, itnefs, or if fuch icy were bought he party ofll-nd- three pounds to fi pcrfon and rc- :ing in any acti- bc convifted of vho are Jiertby lit the oni'iKicr of twonionlhs, upon feeing or war, felling or m or marine, ty, who is hcrc- ddlvcr lain or if.Iong. r>n oath, bef( re is of war, that , who tliere is fHcer Jias been I ho Peace, I)c- Conftabies ini- , in any dwcl- ors, accompa- n or Marine fc in tills Pro- run t as aforc- .'cnty Pound.',, of two of His '- dirtreCs, fliall uvi'ui tor any rhasaforeHiid coflIcer,eithcr ilid entrance into ],i into any dwoHing houft; or out houfe in this Province, on fufpicion of del-rters or abfcorders bein'^ conccalctJ there, and ths raafter or miftrcfs rcfuriii:5 entrance to fuch Jufliceofthe Peace fo dein.uiding cr.triince in the night tiine, fliall fv>rfcit the fum of Twenty Pounds, to be levied as afarcfaid upon conviclion, and for want of fuch dilhe(5 to be committed to His Majcfl;) 's goal fur Six Months ; the aforcfaid fums to be for the ufcs of this government : and that the peifon orpcrfons fo apprclKnded fuppofcd lo be dcrertcts or abfton tiers from his Ma- jcfty's fei-vicc, fliall be cojiunittcd ttj liis Majeliy's goal, until proof is made before one or more "of his Mijcfiy's juftices icy the Governor, Council and Jjji7nly,arul ly the r.uthcrity pf the fame it is hereby enacted. That if any perfon or perfons fliall compafs or imagir.c the death of tlie King, or fliall levy war ag-iinft lilin or adhere to his enemies, or give them aid or com- fort, or fliall forge or counterfeit the King's money, being gold or filvor coin of England or of Great-Iirirain, or fliall counterfeit the King's great fcal or privy fcal,or the fcal of this pro- virtce, and fliall thereof be duly conviAcd, the perfon or perfons fo offending are hereby de- clared, and fliall be adjudged to the traitors, and fliall iuffcr as in cafes of high trcafon ; (^/) and that all trcnfons declared by the acis of parliamrnt of F.ngland or of Groat-Britain, fliall be d;-enicd and adjudged t^ be treafbn within tiiishis Majcfly's province, and none other ^A), and that fuch afts of parliament asdircft the proceedings and evidence againit, trials of luch traitors, fliall ha^■e tlicir full force and cfleft, and be obfcrvcd as the rule in all trials for treafon in this province. 11. And be it further au^lrd, That if any perfon v>-It]i malice propcnfo fliall kill, or procure any other perfons to kill, or iiui'l on purpofe artd of malice forethouglu, ai\d by lying in wait, unbiw fnlly cut out or diTablc the tongue, put out an eye, flit the nofe, cut olT a nofe or lip or cut off or dlf iblc any limb or member of any pcrfon, v, ii.li in'ciuion io kill vr to maim or disfigure any fuch perfon, the perfons looncnding, their councilors, aiders and abettors, privy to the oflcnce, fliall bo felons \\ ii hout benefit of clergy. PrC'vided that no attainder of fuch f Jony fli"li wcrk corruption of blocd, or forfeiture of dower, lands or goods of tl;c ofiend-. r.(() HI. A :d be ii farther ei'MLted, That every perfon, who fliall flab vv thrufl any pcrfon t!i:M lialh iif;t tlicn any weapon drawn, or tluit hath not then Ijrft ilrickcn the party who fliall fo flab or thrvifi, fo .is thv ].erfons, fo flalibed or thruft, flvall thereof die within llv; fpace of !ix mor.th.s, alil'o' it cannot be proved that the fame was done of malice forcihoughr, yet the party fo ofieuding and being thereof conviclcd, fliall be excluded fr»;ui the benefit of clergy (Y). ' ' iV. («) i.lfiwk.P.C C 17 pa. .14.— 4^, viiift. pn. 1.— 11). KJ.So. I. II.ikM.in. V.C. a-ui Jclf^.-Hifloi's ciircniirf,- m il;!,!i tcii'm, iUbj ",ii(j.' to \\'\.ii)Giu'.Lg, fvL. wiili i^c pic- j. c. 39. Di^'I'itors to Ve c irtiiTMitu'. fill {1.!ivLMtJtOth«it o.*i;cers Art to co^vnv* during the ;):e- foilt WAT For ttiC punifli- iiicm o'i kirci cf- iciircs, fee tide c iniinjlolTence The Adts winch havi; boi'n m.uli in .iddi ion to amcinl.ncnt or al'eialii)ii cfUjis Aa 3jd Geo. jd. cap. r?. Ice. 4. 5. J4'.li Ceo. id. cap 9 id. Geo. .-,d. caf>. (;, iiz. 5. 8th Co. id cap .V gill k y'n V'liM i.iCap. 9- nth Geo 5d. cip. 3. 14th and I.';tl-Ai^o,;,.cap.7, jjJ.C.5co. ). cap. .1. i(>i\i Geo. 3 c^ip. 1.4 111: Geo. i:.iV Cat 15 Ed. .1- Hat. 5. c. J. i'.«'l Kn^>(fat. I. riar. c.'i. ilL'ni- I'iini^ to aitcr hw'.i, Kc. trLA- loii, Kil. 7^.;, Hilt, tilt. 7. Ant!. 0. 21. l^iK. fiat. ;th. Will. ,. c. 3 Wil,,Ji'it Cli' 'y 1 ,p n,a. I j.». ■^ - t , ' — ....... .. (/') Tieafutis Lv il.itutea luldcqueiit to 15. rd. .?. c. j.videi. Hawk. P. t" Under, vi.k F.rr;.''' If. 1 1 riiid 14. Will. ,?. c. ,(- (ec. ;,. f' Ann. r. 7 i;thG<0. (f) Vide Sta't l:i;Js, .J w-!. p:i;,. m. Wuoiilxniiiie and Cuke's cil'e. y/. ¥-1 / iil.l'.'i... .. II. ^ . I r. ,\ . 1-. C I. H.i\\!>.r. C. c. jo. Judder ulUrnIi.e. on l.tnu ci 'e. •. 6.0 .: ih; o: I'.iLliirs, h I T \ Ifli 16 c. xni. Anno tricefrmo fccundo Georcii IT. 1 758. in. loitwiii'.. k^ic- M.iiilcr of h.i. Il.iij chiKli'a, ttUiiiy williuut tlotgv Lnji. ll It. ji. J.1 1. c. i;. I'oiiti- It it.v'.ir. 1. 1'. 4. till v-ciitimic.lov iiv>ntin:i(:d by I'.ii liuiiii-m Bnpftciy. filoliyr 'vitlu'Ut Cli'itv- l-.!l^'. ll.lt. IJ. Itcn. S. 1-. 6. n - »ivi\l .u«.l niH>lo j.i'rprtiul I'V Viij;. ll.it. iKhz. C. I'. A!r.iuU w'th iii- tcnt to f'liiir.;; br.g-VTV, i''iil«J- ty, Sec. Rapf) fdofty WltluHll cliTC^V. •i. 'ij. i:J. J. c. y*' Ccmp!ulnt In ten <)jy.-i Bv Eng. Hm. \'.\!>. 1. J. fcd. 1. c. n. Api'f.iK ofr.irc vttc lln-.iteii to 40 d;;V» X.dt I. II.ilc's hiii. P.O. t^i. O.U'- R;;''.' 03 inf.'.nt*; ic! ".y viilicut cUrgy Fng. a-.r. 13, l.iii. c. ;. Li. A- Ai'au'it wt'i ii- if'it to ru.ln. pilltry, &c. B..ra!.i; v. Fnf;. (h-. • ,. Hc.i. y. .. I. ,r. r.J. e. c. 9. iS. Lli.'i c. ;. fee. I. IV. PrcnniliJ, Tluit k\\U wii (liall not extend to any i^icrftjns, who fliiill kill anypcrfon in Ivjsown di-t'ciico, or by nii.sfomnu'» or iu ;iny other ni;iiuicr than ii:> uibrrfiiiil, nor (liall c.\tcnJ to any p-jluiis who iu kcopin^ij tlic pcai'c, Ihall chance to commit iniinnaiightcr, fo as the laid niiinlliuigiucr be not committed wittingly ami otpurpoli-, under pretext and colour of kcei)in!^ the pc.uc ; nor flvall extend to any peiiiui who, iu chalHllng or corroding his child or levvant, (hall bv.lidcs hi.s purjMjl'o, chance to conmiit minfUujjhter (r.) V. Jihlot it/i/rt/jcr l''.iuii7f(l/!i'\vM\i' :>siy woman be delivered of any ilTui: of her body m.ile or female, whidi b^-inj:; bt>rn alive, Ihoiild by tin: laws of the realm of F.nglanil be a ballanl, av.d that Iho endeavour privately, cither by drowninj; or fecret burying thereof, or auy oihrr way,citlu'r by herillf, or the procuring of otlicrs, lb to cont.cdtho death therf!of. as that it may not come to r.j;ht whether it were born alive or not, but be concealed, t hi mother lb oHendini; Ihall I'utVcr death as in cafe of murder, except Inch mnlher can inaki-. proof by one ^\■ittlds, th;t the cliild \vJuife death was by her fo intenilcil to iK.eonceakd, was born dead (/). Vk //;/lergy; and jul\ic(W of the peace fliall have pouer to ruijuireof the laid offence as iu other felouie-.. And if any perfou or perfons, f!ull.r.:,ikc an ilVaulr-, with an i.iteiit to comuitt the \\i\ of bu;.A?,cry, fm.li oU'ender or oiVeudcrs, Hull, on due couvicViou thereof, be adjudged to ftand in t!u- pillory, and may, for further punilhment, be lined,. impriloiiKk or be bound jufuretics for hl;i or their good bohaviour, at thediilretion of the court, (jj.^ VII. Jndbc itfurthcr mu'hii. That if auy pfi. K-ilway's reruns t;C>. \ it) J. Hilc's IiiiLP.C. pi. :S8. 13-). :. Hnvk. P. C. c. 4^. il'c. 4;. Ki 1. i:. Ann P.ivis's cifc (r^ !.In:l. «x. 12. Co. u.. ii-.d.j?. i Hi'vk. P.C.c.4 1. H.iltj's ii;iK P. C. 6i8. 609. (.70. Lord .\udley's cafe, State triali l-O ; Miwk. P. C. c. J.41. I. Hik'f hul.r.C..if.i6— 6.57 {A (In'l.o. II. i.Uil;*s hi'KP C. 1 o 6,1. A 54. .ini! 6 ;;. Cio.Car. .5.-i. M.iitvn P.igt'scaie i. Ilawk.P.C.c. 4i.fe'-. 4. f. (t) I. ItiAk. P. C. c. j8. I. H,iL's lull. P. C. J4-. XJ J l;ul. c. 14. Ki /reicnccsj Kwl. 41—4:. bi, ti—lj . jo. y. J'lauJiin lig'S, by kiC:. - tys9. 'Anno tricefimo fecuudo Georoii 11. c. xrn. ty's cafe, State triali X. Or (hall rob any dwelling hou fl- In the day time, any perfon being therein, or break any •dwelling houfe,{hop or warchoui'c tI\crcunto belonging, or therewith ufcd, in the day time, and felonioufly take away any money or goods ottlie value of five (hillings therein being, althougli no perfon lliall be \\ it!\in luth dwelling houle, (hop, or warehoufe, or (hall rob any other, or fclonioully take away any goods in any dwelling hou(e, the owner or any other perfon, being therein ■avd put in tear. XI. t)r if any perfon or paribus Hull by nir^ht or by day, rob or by violence take tnoney, or goods, from any pciiuii puuin j iiini in fear, in any highways, or in any ftrccts or lanes of a town, XII. Or (Ivall felorioufly take money or goods from the perfon of any other, privily 'Without his knowledge. XIII. Each and every of the olTcndcrs aforefaid, their aiders and abettors, fliall,upon due .conviftion, fuffer as felons, without benefit of clergy. XIV. ylncl be it furihcr enaikd^ 'Ihat if any perfon or perfons fliall ftcal, or take by robbery, any bills of exrharge, bonds, warrants, bills, or proniillory notes for the payment of money, being the property of any other peifon, notwithftanding any the faid particulars arc termed in law a chofc in lu'lion, it (liall be deemed felony of the fame nature, and with or without the benefit of the clergy or of this Afl', in the fame manner as it would havebecnif the oflcnder had ftolcn or taken by robbery, any other goods of the like value with the money due on fuch Wlls of exchange, bonds, warrants, bills, or notes, or fccured thereby, and remaining unfa- tisfied, and (lull fulTcr fuch puni(hment as if he, (lie or they, had ftolon other goods of the like value. XV. Provided, That no attainder for any fuch oflcnce fo made felony, (hall work any cor- ruption of blood, lofs of dower, or dKherifon of heirs. XVI. jind be ii further enailed. That if any perfon or perfons (hall buy or receive any goods that fliall be (lolcn, '-nowing the fame to be ftolen, he, (he, or they, (hall be deemed accelTa- ries to the felony after the facl, and that it (lull be lawful to profecute and puniih perfons buying or receiving ftolen goods, knowing the fame to be ftolen, or that fliall be accelTary to fuch felony before or after the fa<5t, as for a mifdemeanor, to be punifhed by fine and impri- fonment, although the principal felon be not before convicted of the faid felony, whicli fliall exempt the oflender from being punilhed as accclFary, if the principal fliall be after convicted*. XVII. j^nd be it further etidCled, That if any perfon or perfons fliall take away with an in- tent to ftcal, embezzle or purloin, any goods, chattels, or furniture, which by agreement they are to ufe, or fliall be let to them to ufe In his, her, or their lodging, fuch tiiking, embez- zlcing or purloining, (hall be adjudged to be larceny and felony (l.) XVIU. And be it further aiaiJed, That if any fervant or fervants (hall go away with the calkets, jewels, money, goods or chattels, delivered to his, her or their keeping, by Jiis, her or their mafter or miftrcfs, witli intent to fteal the fame, and defraud his, her, or their mafter or niiflrels therccif, coi.tnii"y to the truftand confidence in them repolcd, or being in fervice, V ithout aflent or commandn.cnt of his, her or their mafter or miftrefs, fliall embezzle or con- vert the fame to his or her ulc, with purpofe to ftcal the fame, being of the value of forty flullir.gs or above, every fuch ofl'endcr oroflenders fliall, upon due conviclionfuflcr death as ir cafes of fehwy, vitliout benefit of clergy (m.J XIX. PrcviJed, That any apprentice or apprentices, within the age of fifteen years, fliall be entlUed to the bencf.t of derov, for the firft oircncc. XX. u'l'id be it firther enuclcd, 'I'liat if ar.y perfon or perfons fliall wilfully and n" .llcloufly turn, or caulc to be burncd,anyd\\cllIng-houfc, barn, out-houfc, or warehoufe of another, or 1) any f!J J. H.iwl;, V. C. c. 3j. tc^. lo. Ktl. 24. 81. Kot felony at commcn law, bccaufe no lrc?p.iis, acU uitljcut trcTpufl Acre cm Ik no fflniiv. Itm) :, lUlc's htiVP.C c.fij.ra. 666-660. 1. lUwL P.C.c. 33, f.a. n—ij. 3. laSL c 44. .-., t? Robbery by day. Eng. ftat..,Wiri. tc Ma. c. 9> left. Robbery fiem tlie {icrfoti in hif;h\vayj,faf.;V.';if. & Ma. c. 9. ki\. Servants eni- btrz/lciii); maf- ter's goods. Eng.lLt.iiIIea, 8. c. 7. Not to extend t9 appvcrt Jes. T.ny. flat. II An. Ibit. I.e. i.k&. 1. Houf burning. L,i,c;.l!at.JsUea. 8. c. 2. W\ t5 c. xni. Anno tncenmo fecundo Georoii K* li h «758*' Anoflymouj let- Urt, 3cc. Brie fUt. 9 Qeo. I c. aa. ieil. i. Stealing. in any t>tj)er manner, liiit.ftat 4. Geo. I c. II fee. I, or imbezzlieng tJiuKiDg'sitorea Larceny and fe- lony. Heftltntion of. Aolen guoJi. £ng.(lrft.iiHen. Sen. a HhwI(. P.C.c. aj. kit. 49-J8. Where no owner appears, good* to be furfeited. To be giren by jury to piofecu- tor, tho' evi- dence not fuf- ficient to conviiS oifender. Not to debar the party of his ac- tion. Acccflarxs. Eng. itat. I. An. fiat.a.c.9.fe£t.i. Clergy allowed but once. Offenders to be bu;nt in the hand. Erig.ilat. 4 HCJ 7-e. »J> E.ig. fTat.j.Aca <.i,fea. 4- iny public building, or anyhovcl,cock,niow,rick,orftackofcorn,ftraw,hay,crr wood, of ano« ther,all and everyfuch perionor perfons fo ofiending, and their aiders, .abettors, and counfel'^ lorSjfhall, upon due conviction, fuiferas felons, and be excluded from the benefit of clergy,(^n.^ ' XXJ. yind be it further ena^ed^ That whofijcver ihall maJicioufly fliont at any perfon or per-> fons, ia .any dwelling'houfe or other place, or ihall knowingly fend any letter without any name, or figned with a fiditious name, demanding from any perfon or porfons, money or. other valuabfe thing, fuch ofiender or offenders, being duly convicted thereof, fhall fuHer as felons, without benefit of clergy. XXII. And be it further ena^eJ^ That whofoever ihall fclonioufly take and carr)' away any ,• nr\oney or goods, in any other manner than is herein before declared and provided for, or ihall embezzle any of His Majefty's (lores, or the uteniils, furniture or cloathing, in any ftore-' houfe or hofpital of His Majei^, if fuch oflfender or offenders fhall be found guilty of fuch fe- lonious taking or carrying away of fuch money or goods, or of embczzleing any of His Ma- jefty's ftores, or the utenfils, furniture, or cloathing in any ilorc-houfe or hofpital of His Majefty, as aforefaid^ to the value of twenty ihillings or more ; every fuch offence fhall be larceny and felony ; and if the value (hall be found by verdifton trial to be lefs than twenty ihillings, then fuch offence (hall be puniihable as petit larceny, by fuch public whipping aS' the Court, before whom fuch offender ihall be convided, ihall direct; and it iliall and may be hv.ful for fuch Court to order the offender to make full reftitution, and in default thereof to commit fuch (lender t ^ the houfe of correction, there to be put to hard labour, for a term : not exceeding three months, as the Judges, in their difcretion, ihall think fit. . XXIII. And be it further enailedy That all monies, goods, chattels, merchandifes,, or ftores^ found in pofTeffion of any burglar, houfebreaker, robber, thief, or purloiner, ihall be deliver- ed by the Juftice of Peace who ihall take theexaminationof fuch offender into the cuftod/i of the Provofl Mtirfhal or his deputy, or Conitable of the town where the . offence ihall be committed, who ihall be anfwerable for the fame until the offender be convicted ; and thc: Judge or Judges of the Court, wherein fuch offender ihall be conviftcd, ihall order the iaid - jnoney, goods or ftprcs to be reftorcd to the lawful owners thereof ; fo \J and where no » owner ihall appear to claim the fame, they ihall be adjudged to be forfeited. XXIV. And in cafes where the evidence ihall not be fufficient to convict of a felonious in- tent, and the Jury ihall declare that the property of fuch money, gocxis, or ftores, is in the . profecutor, it ihall and may be lawful for the Court to order fuch money, goods, or ftores, to be delivered to fuch profecutor. XXV. Provided nevcrthclcfs. That fuch delivery ihall not debar the party fo acquitted, or any other perfon who may claim thc fame from his or her a^ou for the detainer of fuch.. money, goods, or ftores, fo delivered to the profecutor. XXVI. And be it further enabled. That notwithftanding the allowance of ckrgy, andburn-- ing in the hand of any principal oflbnder, the acceffaries to fuch offender ihall be arraigned and tried in the fame manner, as if fuch clergy had not been allowed. XXVII. And be it further enabled, Thdiicwtty ^ttionv/hiKh. once h?.th been admitted to the benefit of his clergy, being afterwards arraigned^ ihall not a admitted to the be- nefit of his clergy ; and that every perfon convidcd for manilaughter, ihall be marked with an M, upon the brawn of the left thumb, and' for any other felony, the perfon- conviftcd ihall be marked with a T, in the fame place : thefe marlw ihall be made, by the goaler in open court. And if any perfon convicted of any felony, for which he ought to have the bene- £t.of liis clergy, iliall pray to have. the benefit of this A£t,. he ihall not be rcc^uiredto read, but (fi) 1. .Hawk. P. C. c. .19. I. Hale's hift. P. C. c. 49- pa- 5«S. et feq. ,1. Inft. c. i j. Judge Foftcr's reporti. Elizabeth Han. li«'« cafe at Aylelbaiy Lent Ailizes, i?.f.i. Cro. Cw-. 376. Holmes's cafe. {0) Ki. 35, 47 & 48, Rclhtutlon fhallliemadc, tho' tlie goods were fold in Market Overt, a Inft. 714. Accord. Reftitu- ti«a iluli i)e uuie oii'ucii SQudi only as are ct^aiprifed ia Uic iadi^«ou aiiacAb. 46i>» tiawk.1^. C c. tyi^. ss>i^>ii , Elizabeth Har> 'VS^ Anno'tri cetlmo fecundoGEoncii II, c.xm. ^ but without any reading Hiall be allowed to be, and punifhed as a clerk convid, which fliaU teas efTedual and as advantageous to him as if be had read as a clerk. XXVIII. And^fter allowanceof fuch clergy and burning i;. the hand, fuch perfon fiiall be enlarged and delivered out of prilbn, ijythe Judge or Judgesof the Court before whom fuch clergy (hall be granted: faving that fuch Judge or Judges, may, for the further cor- And difchargea redion of fuch perfons, to whom clergy fiiall be allowed, \xep them in prifun, or fend them E^g^Oau ir to the houfe of corrcftion, for fuch convenient time as the faid Judge or Judges in their dif- E'«C7.fc..»j, cretions fiiall think fit, fo as the £une do not exceed one year's imprifomnent, orto.puniih them by public whipping. XXIX. And that where a man,convifted of any felony, may demand the benefit of Ws clergy, a woman convi£led for the like ofifence, upon her prayer to have the benefit of this Aft, judg« Woman to ht irent of death (hall not be given againft her upon fuch conviftion, or execution awarded upon g^'^"'""**' '" *^ a man imc inannera.1t man any outlawry for fuch offence, but fuch woman ihall fufier the fame puniiliment as that has the benefit of his clergy allowed him in the like cafe, (" that is to /ay J (hall be burned wSi.& M^.t.*! in the hand by the goaler in open court, and may, for further punilhment, be kept in prifon, 'e*^ *» 7« ,'rh:a if any man, admitted to his clergy, or any woman, admitted to the benefit of this Aci. Ihall, Ih fore fuch his or her admiflion, have con^mitted any offence, whereupon clergy is rot allowable by this Ad, and not being thereof ijididcd and acquitted, convided, or attainted, or pard(ircd, (hall and may be indided or appealed for the fame, and pat to anfwcr 0;, if uo I'ucU adiuiiliun to the benefit of clei:^^ or of tliis Ad hud been. ixiv. altowcd.piiioiier (l.tiiding mute, Stc to be p'0« cccdcd auainft uS it cnr.viited bf verdiit, T'le benefit of this ; « C. XIV. Anno tricenmo fccundo GeoR.oii Hi. r75®» VitnefTc) for ol)lr fur lVr)iiry F.i'g.liut.i Ann, fiat. «. c. 9J°eit.j. Inclii^mentt, kc. to \it: KCCorilii';; tutlK-pMClice ol' rcrmer conric- tMiui cuulirmcd. Sjving for judg- lucnis 4(^peDd- XXXV. And he It further enaB«d^ That every pcrfon who fhnll be produced, or appear as a witiids on the bchalFof the prUoncr, upon any trial for murder or felony, bcft>re he or flio be admitted to give evidence, fhall firft take an oatli to depv'iL. ,.. .f« ivvi. i. 'iakiii^ row.irdt tohelp peifons to flulen goods, is, by lirit. f>at. 4. Geo. t.c. 11. declarcil to bcfKlony,unlc& they the icioii to be brought to trial, — 1 his AQ is extended tu lus M,uefly':> duininiunt in America. CAP. XIV.. An ACT for preventing Trefpafles. . , BE // cn.ifledhy his Excellency the Governor, Counril, and Jjipibly, and by the authority efthepu^^S it is hereby em^cd, in order to regulate fences, and t^t prevent damages being done to the proprietors of inclofed lands by unruly cattle., ^l^^iti:^ fences belonging to any inclofcd' ' lands Ihall be built or made with ituncs, pickets, bo.lftlk, or pofts and rails, or log fence, un- lefs the lands are bounded by ponds, unfordablc rivers, or the fea ; and fuch fences fliall be, at leai^, four feet and an half high : and if any dimagc be done by breaking fuch inclofures, anddeftroying any of the produft thereof, by horfcs, fliccp, hogs, and neat cattle, if fuch inclofures fliall, at the time of fuch damage, be inciofcd by a good and fuflicicnt fence, agreea- ble to this law in the judgment of the fence viewer, who is hereby appointed to view the fame, the owners of fuch trefpaffing cattle, fiiall pay to the party injured, the value of all fucii damages, to be afcertaincd, on the appraifment thereof, by three credible perfons living in the neighbourhood, being Jirft fworn, before one of His Mijclly's JulUces of the Peace of the county where fuch lands lie, truly to value the fame; and in cafe the owner of the faid cat- tle or hogs, fhall refufo to piythc value of fuch appraifcmcnt, upon noiicc thereof given him, the injured party may liavo and in tintaiu Iiis acll m th;:ref jr, before anyon; or rnn'e of tlie faid Juftices, or before the Inferior Court of Common Picas, according to the value of fuch damage. II. A fid whereas the owners and proprietors of fields, lying and being adjoining to ollxr inclofed ftldt do negltj to fence in their proportionable part offmh fields ; Be it enoclcd, by the authority afore- fuid, I'hat thaproprietor of any field, adjoining to another inclofcd or improved, (hall build up and maintain his part or projKHtion of fencing, with a good and fufikient fence of four feet and an half high, on tliat part of fucli land as is adjoining to his own ; and in cafe he neglects fo to do within the fpacc of ten days after notice given him, it may and Ihall be lawful, and any one of the fence viewers, upon application being made to him in fuch cafe, is hereby impowered forthwith to caufe fuch dcfitieiiL fence to be railed or made, or othcrway* to repair any fence already made, if, in his judgment, tlic iauie is iufuiUucat : and the per- iibo it. 1758; Anno trlcefimo fecundbdEORoii It, c. 3cv; «!' fon or perfons that of right ouglu to build and maintain the fame, (hall pay double the cods »nd cliargcs expended for the doing tljcreof ; and in cafe of reful'al, I'uch fence viewers may recover tiie fame by a^lion on tlie cate, according to the value in manner aforcfaid. Pro'ouhd always, that no fence viewers ihall be allowed njore than three fliillings per day in his account, for his own trouble and time expended therein. And if any fence viewer, when notilicd, fliall ncglcd his duty liercin, he (hall forfeit forty fliillings for every ofTcncc. III. jltul be itfurthr enabled. That no Iwine (lull be perniitted to go at large within tlie fircets, lanes or fuburbs of Halifax : and it (hall and may be lawful for the hogreavcs fo often as they (hall find any fwine going at large within the llrcets, lanes and fuburbs of the fiid town, to impound them, and as foon as may be, caufc the fame to be publicly cried, for which he fluU be paid two fliillings and fix penco per head, and three pence per day for fupporting each fwine, whilft impounded ; and if t!ic owner thereof doth not appear, or refufe.s, within three days, to claim the faid I'wine, and pay the charges, that then the hogrcaves are hereby ^uthorifc-d to fell fuch fwinc at public auchon, and after deducling all charges, the ovciplus fliall be paid to the owner when demanded. \W. And be it further ena^edy'Vhxt the furveyors of highways by this Aft appointed, flull have the care and fupervifal of ajl the ftrects, lanes, and highways of the town and fuburbs of Halifax, atidare hereby impowcrcd to prevent the fame from being obftructed or incumbered; and they are hereby required to prefcnt all nuifances in the faid ftreets, lanes, and highways, within the limits above-mentioned, at the next General Quarter SelTions of the Peace, which is hereby impowered to proceed againll fuch ofiences according to the laws of England in fuch cafes made and provided. V. And be it further enailed. That the Committee of the General Aflcmbly, to be appoititcd for that end, fliall, and arc hereby empowered, to nominate four fuitabk ovcrfeersof x.\\i ppor, two perfons for clerks of the market, two pcrfons for fence viewers, two perfons for hogrcaves, and four perfons for furveyors of highways, to ferve for the tov/n of IiaHfixx, till the feflions of the Supreme Court, Court of Aflize and General Goal delivery, to bo htld in Oclober next, at which time the Grand Jury of faid Court arc hereby impowered to choofc other meet perfons to fcrve in their room, and fo from year to year ; and tfic fiid perfons, fo nominated or chofen, Ihall be fworn,to the faithful difcharge of the duty of Uuir feveral offices ; and the perfon or perfons who Ihall refufe to ferve in the faid olliccs, to which they are refpeftively nominated or chofen as aforcfaid, fliall forfeit and pay the fum of forty fliillings each, and the faid Committee or Grand Jury are hereby authoriled to no- minate or chouse other perfons to ferve in their (lead. nn(?reaT«i to ■ ukf up fwine, KuiriK alxiu. th« Itrtcis and im- pound and cry them Tobj fold if not owiicd iu J diyt Siirre^'ors of liiKlvVitystohare" the care ot t)ie Drccts&c.atHa- lit'N: N. U.Thepitrtof this cUule which oWijjes the pro- prietors to repair the llrcel in front of their land is potrcp;intcd,nut h-in;; now (in force, T4lf, » d ii ia rufTitient tlicn on ii'.tl eOatc of tilt; ill htor , by ippra>r<:rt to be appointed by llie en dllor» dchtnr, inH Pro* andfwonttoip- (.rail'c fuch re»l ((Viitc ;i!i flull be ,^wo tUcni C. XV. Anno tricenmo fccundo GEORciril. »75* Ixecutiontom- teiid tin rents .cnlv,(ifiuff^cient ,to iat i-ify di l)t and colts) &t:.) Rents to hf paid to lilt full i tor ^ltUf.ttiktlC 1 If rent* «re not Jiiiiidcut •Ex<-fut'on to be |i \\cuty fliall extend the faid exc- cut ion on the rents only, and caufe the perfon or pcrfons in pofTeHion, whether debtor or debtors, or their tenant or tenants, to attorn and become tenant tofuch creditor or creditors, and fJuill pay rent quarterly to fuch creditor or creditors, who may diilrain for the fame, if in arrrar, according to the laws of Great-Britain ; and the perfon in pofTcfTion, rcfufing or neglciftiiig to pay fuch rent, when due, may be removed from fuch lands or tenements by the PnivoU Marfhal or his deputy. And tlte creditor or creditors fliall and may hold over and receive the rents of fuch lancls.or tenetnents, until fuch judgment, coft and intereft, (hall be fully liitlsficd and paid. II. /Iiidhc it further cna8ccl, Tliat if upon fuch view and examination as aforefaid, the flud appraifers or the major part of them, fliall be of opinion that the yearly rents of the lands or tenements of fuch debtor or debtors are not fufticiert to fatisfy fuch debt with coft and intorell, together wtih the charge of needful repairs within the fpacc of tw' vcars, then the fiid execution flv.ill and may Ije levied on part of fuch eft.itc, if in ih; jud;;iiicnt of the faid three appraifers it can conveniently l)C done ; but if not, then on the whole of the lands or tenements of the faid debtor or debtors. And the Provoft Marfhal or his deputy fliall im- mediately dt.'liver fcizin and polTenior thereof to fuch creditor or crcr that pur[X)fe, and the Pro- voft Marfi al or other (flicer fervir.g fuch execution, fhall immediately execute a decdoffalc of fiich lands or tenements, to fach creditor or creditors, in confideration of the value found by facli appraifers, to be therein mciuioiu-d, who, by virtue thereof, or of fltid return, fhall nuikc a good tills to i^di cisditor or cicditor*, liiti or thcii' hcii';i or ailigus \i\ fee. Subjcirl ficverthcldf 175 ff* Anno tricefimo fccundo Georgi i II. G. XV, nevcrthelefs to ^n equity of redemption, m Is herein after prcfcrilKril ; and any clerk rcfufing or neglcding his duty herein, Uull furteit the fumotlive poundi, to be recovered by a^ have been obliged to expend, provided that they do not exceed one half of the rents, wlilch the creditor or afligns. If he or they fee caufc, arc hereby allimcd to expend and lay out, and as much more as the debtof lliall confent to, (who Is hereby obliged to accept the fame) fucli creditor or creditors or their adlgns (liall immediately furreniler all fuch cftate to the debtor or debtors, their heirs, execu- tors, admlnlllrators, or afligns, and deliver up quiet and peaceable poflellion thereof. V. ji/id he it further emined. That when any eftatc Ihall l)C found by the appraifcn, to be of greater value than the debt and coft, the creditor or creditors fliafi be obliged, at the ex- piration of thirty days next after the end of the fald two years, (If nor fooner redeemed) to give public notice by advcrtifement, that tlie lands' or tenements, f(> extended, are to be f()ld at public auftion by the Provoll Marflial or his d^-'puty, wljo arc iicreby Impowered to fell the lame, antl toc^jcute to the pcrfon or perfons purchaling thj fame, a deid thereof as of a/it- Jtmplct whlcii djed being regiltcred as by law required, (hall l>e good and valid in the law ; but in the mean time and until fuch fale Ihall be made, the equity of redemption of fuch lands or tenements, fliall be open in favour of fuch debtor or debtors, their heirs, executors, admi- niftrators, or ailigns, to recover the fame ; and if, upon fuch lale, the faid lands or tenements do fell for more than the original debt, coft, charges, andlntercft,the creditor or creditors or their attorney or agent or alTigns, fliall pay the overplus Into the hands of rhc dclitnr or debtors, or their heirs, executors, admlnlftrators, or afligns, the fald creditor or creditors accounting to fuch debtor or debtors, for all rents and profits, fail deducting for all neccf- firy repairs : but if the fald lands or tenements do fell for Icfs than the debt, coft, charges and intercft, then the creditor or creditors, or their heirs or afligns, in fuch cafe, lliaU and may have an alius execution againft the debtor for the refidue. VI. And be it further enabled. That -when the real eftatc of the debtor upon appralfcment, or when the yearly rent of the lands or tenements extended upon, at the end of the fald two years, Ihall be found InfuflUclent to fatisfy the judgment, with coft, charges, intercft, and needful repairs ; that in cither cafe, an alias execution may Iflue on the faid judgment for the remainder, and be levied on fuch other efTecIs or eftatc as can be found of the del)tor, or ■ Ms body may be taken and detained until fatlsfaAlon be made of fuch judgment, with coft, charges, andlntereft ; any law, ufage, or cuftom, to the contrary notwlihftanding. VII. Provided, That nothing herein contained fliall extend or be conftrucd to extend to the detaining in prifon any poor infolvent debtor, contrary to the law of this Tiovince in that cafe made and provided*. • The law here referred to, expired, -nd w»s re-cnafledhv 3J. Geo. jd. c. $. id. fcfi. Bv nil. I>.ton msyra* dcviiulieii lani!«f &c. iiitwo yeaii* and bring a^ina ul.iccountagjinit tlic cicdiior tut the 1 CUM EftatMappr«ife, Geo. 3d. capo. 4 aDd_7, »^d, Gc 1. 3.'c,iii. .5. jjj. i}eo. jd.c.ip. 5. 3.;th Geo 3. cap. a. No ma riage to be foleniniicd vithout lie nee, or notice thiicc given in Ibmc conyicgation on pciiiltv of for- feiting 5cl. by tlic pciibii ctilci- Clergymsn refu- (irj;|0!ii.ikji5L.!)- Lc.iuon ibilciis ;ol. and liable tn an aft'.oiifor dama- ge!. The like ';er..'lty fi'c letuli'iij o caairy Polygnmy too; felony, Ent;.(>.[,. I Ja. I. c. 1 1 Not to txtfiulto niairiifgcs Jrd.i- rtd void b^' the Governo'- .md Counc I, nor 10 wo'k ror- ruption uiUuud, 5.0. All m..itor5 Tcla- t.r.j; to p^oiiiLit- ed pia!ii.,j;i's, &c. to bt Ji-tor- niincd by the Governoi aiid Coun'-ij C>tuiii>utUivoicc i' CAP. XVII. An ACT, concerning Marriages, and Divorce, and for punifliing Inccfl and Adultery, and declaxing Polygamy to bo Felony. BE /'/ ena^cd by His Excellency the Governor^ Council and Ajfembly^ and by the authority of tbt fame it is hereby ena^eJ, That any perfon prcfuniing to oiHciate in folemnizingan/ mar- riage, before notice of the parties intention of marriage Ihall be publicly given, on three feve- ral Sundays, or holy clays, in time of divine fcrvice, in fome congregation within the town or towns, where each of the parties do rcfide, or for which marriage licence {hall not have been obtained, under the hand of the Governor or Commander in Chief of the Province for the time being, fhall forfeit and pay to the ufe of His Majefty's government, fifty pounds, to be recovered by bill, plaint, or infornxation in any of the Courts of Record witliin this province. II. And be it further enaHed, That if any clergj^'man, officiating as fuch, in any congregation \T. the town or towns, wlierc t!ie parties refidc, ihall negled or refufe to make, or caufe to be niad(!, fuch publication, Vt^hen thereunto reafonably requeftcd, lie fliall forfeit the fum of fifty pou'ids, 1 1 be recovered in" manner aforefaid : and be fubjedb nevcrthclcis to an aclion of da- magcj, to be brought by any of the parties aggrieved. IH. And he it fiirtlxr £}\ided. That if any clergyman iiiall refufe to marry any perfons re- CjUcfiipg hivn thereto, and making known to him that they have been duly publifhed, or huv; obtained a licence as aforolaid, he fliall forfeit the fum of fifty poundj, to be recovered in manner aforcfiiid, and be fubjccl to the like adion of damages, (ffj IV. Ar.lbj itfurth:r enacted. That if any perfon, being married, d.o marry again, the former liuflinrd or wife being alive, lucli oil'cnce iliall be felony ^^.^ V. Provided nevcrt/jiJ is. That the foregoing claufe of this Aft fliall not extend to any perron whole former nu rria^_ ; has been declared void, or who has obtained a divorce by any H'lvence had before the Governor and Council ("cj ; ,nor Ihall any attainner.for this offence W( vk any corruption of blo<>d, lols of dower, or dilinherifon of heirs. VI. Ami be it further emiiled, '^lluit all matters rclatirg to prchibitcfl marriages and divorce {li.iM be hcr.rd and tictci n ir.cd by the Governor, or Commander in Chief for the tiir-; being, and K'S Majefty's Councilof this Provinee. VII. And be it further cnailed. That no marriage fliallbe declared null and void, except for tl;c caufe of impotence, or of kindred within tJie degrees prohibited in an Ad made in the tlii:ty fcrontl year of Hing Henry fhe eighth, entitled. An Acl concerning precontracts and tuuehing v e.-^n-es (^f coiifiinguir.iiy ; and tl'.at no decree for divorce Ihali be granted for any other than tJ.e two foregoing ai.d the two following caufe^, viz. that of adultery, and r. that (.r'i Till- piTcedinr» re'*, it^'ori'! and prn:ilti.:s fo fir as flmy rcVitrto perfon' in ii.ily orders arf repealed, and ofTcnces of lli'j Datiiic hv uieii , .uv itr.rnc i uithe ii.iv.ri'tiiM ■■■ ot ibe C;iiH'i ^, I v ,n Geo. IJ, c. i.f'ec. t, 1 ri.llion (/A .i fnO. ,;i!, Ry, Kel, > >, 1 iLul's hilKl* C (>9i — '194, i Hawk. 1' C c. m, pa, 1 10. 'f liciiUendLr ;,iinll i' g. .S .it. 4 Ja. I. e. 1, m.iy ii.tve tbe beiiuir. o( lilsileipv, 1 ir(>. Sj, tlioii};li the Statue fayshc fliall . fufTertiie p:iins ot .'^.''li, Iitivrg ic.4. Fot ilv pi ivil',j;e i.'lcleij;v cHiinot be fxeliiiled without expi rfs woids (.-^ T' t; .Mi'orce n-uft mriu .1/ -f,i u;;;^(.i il.i.ellu.deiuciu,'vii.a iildcDl^ lU Stalulci Ja. !. c. xt m. 1758. )ngers. junifliing any. tharity of tbt ngany mar- in three feve« hill the town uill not have lie Province fifty pounds, within this Mngrcgation • caufe to be fum of fifty acliun of da« • perfons rc- kublifhed, or c recovered the former \wutc« at wilt only Except Icafosnot exceeding the term ot 3 ycari No leafes, .Vr. to bealli^^n'.d.unk'l* by deed or note in writing, figned by the party oc by ad ol law No ail ion in be bi ought wlvre- bv tocliaigeany perfon to anl'wcr for the dcbt.icCt of aUoUlCI' Ur.ltfs upon 11 it6 I' 'I' II il '/ If] / C. XVIII. Anno triced mo fccundo Georgii IT; ^75 5. •greemtnt, ke. in writing, flgnod b^■ ttie |)ai ty il> clurgcd. Efig.ftat.i9.Car. ».C. 3. fee. 7 - II No cootra^'t al- lowfd for yoods, fcc.unkiSL'ariitll is given or nie- morandmn in writing. Eng.j?nl.tq.Car. Declarations 01 trurts, &'c. to be I^roTcd by wri- ting or laJl will ot the party E.x<;»'ptipn as to convcvancfs o{ hndi,ikc. where a truft might a- rile Grants and tnifts to be in writing cr by lall will ot" thq paity SheiilFicc.toex- tcute wri s and to do execution of all luch lands, Ice. Heir ch:\rRcibIe with l!ic obliga- tion ut hij ancc> ftor biit not out of hli owo elUte. Hrl >/<■- ^Li'-.d.L' / tMg ftat. 19. /^ Car. 1. c. 3 fee. U-, y^itr.it-' ■' ,(, i.n. eftate ;)Hr rt»- Ifr vi-- devil'eable ' by Will, It no ilcvif<«, to be cliargc ible in th'j hands of the hi'ir ; .uafftts by dd'c'iit ; it^iuipecialocCM- unlefs the agreement, upon which fuch aftlon fliall be brought, or feme memorandum or note thereof, fliall be in writing, and figned by the party to be charged therewith, or fome other perfon tliercunto by him lawfully autliorifed (aj. V. /ind be it further cnadfd, that no contraft for the flilti of any goods, wares and merchan- dizes for the price o£ ten pounds or upwards, fhaU be allowed to be good, except the buyer accepts part of the goods £o fold, or adually receive the fame,, or give fomcthingin eameft to bind the bargain or in part of payment, or that fome note or memorandum in writing of the faid bargain be made and figned by the parties to be charged by fuch comracVj or by their agents thereunto lawfully authorifedYiV*- VI. Jnd be it furtkr cnaEled^ Thit frum and after the faid firfl day of May, all declarations or creations of trufts or confidences of any lands, tenements or hereditaments, fhall be mani. fefted and proved by fome writing figned by the party who is, by law, enabled to declare fuch truft, or by his laft wiU in writing, or elfe they fliall be utterly void and of none effcft. VII. Provided ahuays. That where any conveyance fhall be made of any lands or tcnementiT» by which a truft or confidence fliall or may arife or refult by the implication or conftrudion of law, or be transferred or extinguiflied by an aft or operation of law, then and in every fuch cafe, fucli truft or confidence fliall be of the like force and efieft, as thi: fame would have been, if this Acl had not been made ; any thmg herein- before contained to the contrary notwithftanding (cj. VIII. Atid be it further cna&ed. That all grants and aflignments of any truft or confidence, fliall likewife be in writing, figned by the party granting or afligning the fame, or by fuch laft will or devile, or elfe fliall be utterly void and of none eflcft. IX. Jndbe it further ena^cd. That it Ihall and may be lawful for every Sheriff or other offi- cer, to whom anypieccpt or writ fl.;.II be direfted, upon any judgment or recognizance, to do execution of all fuch lands, tenements and hereditaments, as any other perfons be feized or pofleffl'd of, in truft for him againft whom execution isfued, asifthe party againft whom execution fliall be fued, had been feized of fuch lands, tenements and hereditaments, ofiuch cftjte as. they be feized of in truft for him at the time of the execution fued, which lands, tenements and hereditaments, fliall be accordingly held, freed from all incumbrances of fuch perfons feized or poflcflcd in truft. X. And if any cejlui que Truj}, fliall die leaving a truft in fee fimpk to defcend to his heir.*, fuch truft fliall be alfcts by defcent, and the heir fliall be. chargeable with the obligation of his anccftor, as if the eftate in law had dcfcended to him. Provided that no heir, who fliall be chargeable by reafon of any eftate or truft made. alTets by this law, fliall by rcafon of any plea, confcfllonof the aclion, or fuffering judgment by nientde dire, or othrr matter, be chargeable to pay the condemnation out of his own eftate, but execution fliail be fued of the whole eftate fy made aflets, in whofc hands foever it fliall come after the writ purchafed, in the fame man- n ;r as by the common law, where the heir pleading a true plea, judgment is prayed againft tmi thereupon. XI. And be it further enaned^Th.^i any eftate />«r ^w/cr t;;V, fliall be devifeable by a will ii. wiritiog figned by the party devifuig the fame, or by fome other perfon in his preferce and by his exprefs dircci.ion, attefted and fubfcribed in the prcfcnce of the devifor by three or more witnefles ; and if no fuch dcvife thereof fliall be made, the fame fliall be chargeable in the hands of the hi;ir, if itfhall come to him by reafon of a fpccial occupancy, as aflets by defcent, as in cafe of lands in fee fijiiple ; and in cafe there be no fpccial occupant thereof, it fliall go to the executors or.adiniiuftrators of the party that had the eftate thereof by virtue of the grant and (a1 1 Vem. 151. IIolIisTerfus Wliitin(j. Cafes under puuculu dilUaAioDS determined to be out of tlie Sutute of Frauds- E'juit/Cafes abridged, Fo. 19, 10. (b) 1. Clianc. Caies, 13^. Leak vcifui Mwrice. (tj J, V.n'. j6i. 1. Vera. i6ft. ■i t758. Anno tricefimo fecundo Gieoroii IT. C. XIX. ay and fliall be affets in their hands, and (hall be fubjcfl: to the payment of legacies, and be diftri- butablc, after payment of debts, in the lame manner as other eilates of intellate pcrfons arc dif- tfibutable by the laws of this province. XII. Jnd beitfurtbcrena^cd, Tliat thellrll JudTc on die bench in any of His Majcfty's Courts, fhall %n'every judgment without fee, and fct down the day of the month and year of his fo doing, upon the paper or docket which he fitall fign ; which day of the month and year, fliail be alJTo entered upon the margin of the record, where the faid judgment ihall be entered. XIII. And fuch judgment? as againft purchafers bona ^Jc for valuable confiderations of lands to be charged thereby, fliall, in conftruftion of law, be judgments only from fuch times as they fhall be fo iigned, and fliall not relate to the finl day of the term whereof they are entered, or to the day of the return of the original or l)''-.? the bail. XIV. jinJ be it alfo enaded^ThiX no fatisfacVior. fliJl, ,\t any time, be entered on the record of any judgment, upon the motion of any attorney, except the faid attorney ihall prove bis warrant for acknowledging fuch fatisfaftion, by affidavit of one credible witnefs in writing, to be filed in the office where fuch judgment is entered. XV. And be itfurtlxr enculed^ That no writ of execution fliall bind the property of the goods of the party, againft whom fuch writ of execution is fued forth, but from the time fuch writ fliall be delivered to the Sheriff, Undcr-flieriff or Coroner, to be executed ; and the Sheriff, Under-flieriff and Coroners, fliall, upon the receipt of any fuchw.it, without fee, in- dorfe thereon the day of the month and year whereon they received the fame. Conftruflion of Stot. of Frauds refpe(ftlng Willi of Real Eftates, Tide Equity Cafc» abridged, Tit. Will and Teftamenti, Letter A. TheclaufesottheEng. Stauig.Car.i. e.3-f«e. j|6,and 19— i;,are cnaiElcdby IVov.Law, jt. Geo. a.c.ii. rehtinQto Wills and TeAanieats, &c. pant, to go to ex- erutorj,andtobe dil^ributable as intedate ellatts Eng.ft.1t. i9.Car. I.e. ,i.lcc.i4.ir. FirlVJudgeonilie bench to lign juHffipent with* ou: tec, which (liaH lie deeaied a judg"- ment from iucll time only No'Htisfainionof judgment to be entcrtdonrectjid uulcfs warrant proved byaflida- vit ot one Wit> nefs. F.n^, Stat. 19. 16. No execution to bind tbe pio. pcrtv of goods, but from the time that it \% delivered to tbc Shcriflf. I Sutute of Frauds- CAP. XIX. An ACT to provide for the fupport of Baftard Children, and the punifliment of the Mother and reputed Father. BEitem^ed,by his Excellency the Governor ^ Comieif, and AJlmbfy, and by the authority of the fame it is hereby enabled. That from and after the twenty-fiftli day of March, inftant, if any woman C all be delivered of a baftard child, which fliall be chargeable or likely to be chargeable to ..ic Province, flie having declared to the midwife, or other perfons afftfting her at the time of delivery, who the father cf fuch child was, and fliall have at fome time before, declared herfelf to be with child, and that fuch child is likely to be born a baftard, and to be chatg abletoany place within the Province, and fliall in either of fuch cafes, upon examinati- on to be taken in writing upon oath, before one Jullice of the Peace, near where fuch place fliall lie, charge any perfon with having gotten her with child ; it fliall and mav be lawful tor fuch Juftice, upon application made to him by the Overfccrs of the Poor of fuch place, or any one of them, or fome fuliftantial houfcholder of fuch place, to iffue out his warrant to appie- hcnd fuch perfon fo charged as aforcfiid, and to bring him before him or fome other of His Majefty's Jufticcs, and to commit fuch perfon to goal or the houfc of correctior^ unlcfs he give fecurity to indemnify fuch plarc from the fupporting or niaintanining fucli child or chil- dren, and fliall enter into recognizance with fullicient fecuiity for his appearance at next Quarter Seffions, where he fliall be continued on recognizance till tl;e woman is delivered of fuch child or children, Provided, that if fuch woman fliall die or be married before flie be deli- vered or mifcarry of fuch child or children, or fliall apjicar not to have been with child at the time Ung. Slat, it lliz.ci.j.Ja, l.c,^.S^■a. 7.13 (S* 14. Car. %, c.tz.S.^I. 19.6. Gro. a> f. 31. If a \vom.in b« with child of a Saftard hktly t^ i)ccb,iij;eable ta any place withio the province, the father to be biHind b\ onejul- tic'- withfurctiej to indemnify liich I'lacc, and lo apfitarat llexi K?)lions,:..nd fotobcconlinucd till tilt womar.bc delivcrid. 28 C. XX, Anno tricefimo fecundo Georgii IT. t 'i ? »75^' Order to bemadc hy two JjIHccs for tlie rel.et' of «ny pkcf, and thiit the mother or rcpu'cil father Ih.ill linillccurity thit fiich child fli.ill not b.- Iv.ir- t!it:iifunie,orp,iy Swl. •n f;ii!ure to be coiniiiittL'd for &\ nioiitlii . Womanaceufing a m.iu wronii!- luUv, to be lent to the hoiilt; of correction lor fix nioutlis. Appenl to tl)e next icllions, up- on (cc.jity given. A-nfiil'Tient' or additions to thit A.i, ill tico. 3. C;ip 1. 10: ll (ifO. 3d. Clip. 6. i^th aiid ijtli Goo. 3. C.l|), 10. See ,ill<) lo fir as rcfpL-'ib f,>.gcry and jv.-; Jill y. .jid. f;co. jd. C.ip. J. fee. 12. BliiXfhemy riopV.antly fwiiiiingor cu f- ^n^^. fl.it. 19 C«u t, c. XI, time of her examination, fuch perfon fliall be difchargcd from his recognizance at the next Seflions, or immediately rcleafed out of cuftody, if committed. II. Jnd be it further enaded, That any two Juftices of the Peace near the place where any baftard child fhall be born, upon complaint made, by the Ovcrfeers of the Poor or any one of them, orof fome fubftantial houfholder, upon due examination of the caufeand circumftan- ces, fliall anil may by their difcretion niake an order for the relief of fuch place, or children, and for keeping fuch l)aftard child, and that faid mother or reputed father of fuch child or chil- dren, fliall find fufFicient fecurity that fuch child ftiall not become burthenfome or chargeable to any place in faid Province, or pay the fum of twenty pounds, which fhall be paid into the hands of the Ovcrfeers of the Poor, for the fupport of fuch child or children, or other town ufcs. And if, after the faid order made by faid Juftices, and by them fubfcribed and direfted to the Ovcrfeers of the Poor, any of faid Perfons, viz. either the father or mother, upon no- tice thereofjfhall not for his or her pa'-t obferve and perform faid order, then fuch party, ma- king default, to be committed to goal or houfe of corrcftion for the fjKiceof fix months, ex- cept he or they fliall give fufKcient fccurity to perform faid order, or elfe perfonally appear at the next Quarter Seflions and abide by fuch order as fhall be made at faid Seflions in that bchalfj and if no order fhall be made at faid Seflions, then to abide by the firft order. III. And it is hereby further enabled. That in cafe any woman fhall accufe or charge any mai\ with having gotten her with child, though the woman be not with child, orthat 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 fliall be fent to the houfe of correftion, there to be whipped and remain for the fpacc of fix months. IV. Provided r.evcrtheltfs. That if any perfon (hall think himfelf Nvrongfully charged, or if the perfon charging him be a woman of ill tlimc or a common whore, in fuch cafes, upon giving fci^urity to abide the judgment of the Court, he may appeal from the order of the Juftices, to the next Seflions, when the whole caufc may be heard and tried by fuch Court on the verdict of a Jury. • I. Stra. 50J. 6x2. iStra. 716, lojc). C A P. XX. ^ An ACT for punifliing Criminal Offenders. BE it enaded by his Excelknry the Governor., Council, and Affembly, and by the authority of thi fame it is hereby ena^h'd. That if any perfon fliall prefume wilfully to blafpheme the holy rame of GOD, Father, Son, or Holy Ghoft, or to deny, curfe, or 'cproach the true GOD, iiis creation or government of the world, or to deny, curfe, or r"proach the holy word of GOD, that is, the canonical fcriptures in the books of the old and new tcftanient ; every fuch oftlndcr, bciiig thereof duly convicted at the Court of Aflize and General Goal Delivery, or Scinons of the Peace, fliall be fct twiie in the pillory, for the (pace of one hour each time, or be iinprifoncd for three luonihs, at the difcretion of the Court where fuch oil'ender IhaU be convirtcd, ((/.) 11. And be it further enafled. That if any perfon fliall prophancly fwcar or curfe in the prc- fcnc-' or hearing of any Jullicc of the lVace,or fliall be thereof convicted by the oath of one ere diiile wiiiicls, or by the confclUon tif the party, before any Juftice ot the Peace, every per- fon oiLii Jiii^ IhaU furioit to the ulc oi the pour of the town where fuch ofiencc fliall be corn- corn- (/?) Vid? t'ieT)iV>i!it'?'. ind P!ini^\ nrnt .f^jr li'ifi'L-Tiv, IvE'ig. Sti». 9 and 10, Wilt. 3. C ii. l.Ptrunire 416. 'Ret >8tful m nee at the next place where any 3r or any one of and circumftan- or children, and ich child or chiU le or chargeable be paid into the , or otlier town yed and direfted :)ther, upon no- fuch party, ma- ix months, ex» >na11y appear at Seflions in that [t order. charge any man that the child be :heat him of his ion, there to be f charged, or if Lich cafes, upon :he order of the fuch Court on 1758. Anno triccfimo fccundbGEORorr IT. C. XX. »9- authority of tht (heme the holy vc true GOD, holy word of nt ; every fuch ;il Delivery, or c;ich time, or ;ndcr lliull be irfc in the pre- ic oath of one cc, every per- ; iiiall be com- com- mitted^for the firft offence, two (hillings, and in cafe fuchpcrfon fhall, after conviftion, offend a. iecond time, fuch pcrfon ihall forfeit double, and if a third time, treble the fum to be paid for the firll offcuce ; and upon neglect of payment, the Juftice fliall iffuc his warrant to a Con- iUble, commanding him to levy the faid forfeitures by diftrcis and fale of the goods of fuch offender, and the forfeiture, when paid or levied, fliall be dcUvered to the Overfeers of the Poor, for the ufe of the Poor as aforefaid ; and in cafe no diilrefs can be had, fuch offender being above the age of fixtcen years, fliall by warrant of the Juftice, be fet in the public flocks tor one hour for every fingle ofl'ence, and for any number of offcaces whereof he fliall be convided at one time, two hours ; and if the party offending be under the age of iixteen years, and fliall not pay the forfeitures, he fliall, by warrant of the Juftice, be whipped by the Conftable, or by the Parent, Guardian, or Mafter of fuch offender, in prefence of the Con- ftable ; provided always, that every fuch offence be proved orprofeculed wilhinlen days after the offence committed. ill. And be it further ena^ed. That every perfon who fliall by view of any Juftice of the Peace, or confeffion of the party, or oath of one credible witnels before any fuch Juftice, be convicted of drunkenncfs, fliall forfeit and pay for the ufe of the poor of the town where fuch Pnmlcenn-fi offence is committed, the fum of five fliiUings, to be levied, on negleft or refufal to pay the c.',^ i',,!/^,'! fame, by warrant of diftrefs and fale of the offender's goods, and the faid fum, when paid or «- 1 levied, IhaU be delivered to the Overfeers of the Poor for the ufe of the Poor as aforefaid, and for want of fuch diftrefs, fuch offender fliall be fet in the ftocks for any time not exceed- ing three hours, at the difcretion of the Juftice or Juflices before whom fuch offender fliall be convicted : and upon a fecond conviction of drunkennefs in like manner as aforefaid, every fuch offender fliall, over and above the penalty aforefaid, be bound with two fureties, in the fum of ten pounds, with condition for the good behaviour, and for want of fuch fureties, fuch offender fliall be committed to the common goal until he fliall find the fame ; prcvidcd, Tliat every fuch offence be proved or profecuted witliin ten days after the offence committed IV. And be it further ena£ted. That the Juftices of the Peace fliall regiftcr all the convictions made before them, of fuch prophane fwearlng, curfing, or drunkennefs, and fliall certify the fame to the next Quarter Scffioiis, to be kept upon record by the clerks ef the peace, to be fcen without fee. V. And be it alfo ena^ed. That if any action fliall be brought againft any Juftice of the Peace, juftice, if fued, or ofticcr, for any proceedings on the faid offences in purfuance of this Act, tlie defendant may ^j, ^^1^^,'^*^ '»'' plead the general ifluc, and give the fpccial matter in evidence, and if the plaintifl' fliall be ncn fuit, or a vcrdid fliall be found for the detendant, fuch defendant ihall have treble cofts. VI. And be it further fri7. i. foiintcrFj'.t'.nc; fovcipn coin firrent in England ii tdjudgcii TreaTon. By Inj;. Stat. 14 KHz. c. y. countcileilinji foreign coin not cvirient, Mil'iiifiorot '1 ic;if >n. . . _ _ (4) Uy ling. Still. lii i.[\i., c. i.fi-c. i. irapmiing.'Jtc. foreign comcuncniby procUmationin tlie Rcnlm or Quc«i's'Di.minioi ♦ Ti'Mlon. ((/^ Clipping, fic tnc/i.'liCoin orVoreign Coin current in England, or the Qjieen't Dominions, is dtcl.ticd to be Trc.ifon by Irg ;,i.it. ? )''i/. r. II. ii.i'i. I. (') lividciicc itipciJtiiig uitcr.ini:e of rounterfiit money. ViJe Fng. Slat. 15. Geo. ».c aS. & 8 und 9. Will. j. e. t6, (/) No FoTign coin is now current tli.it is I. Titinvited, nnd mnO pro't.Jily none will, fiv that on t'lc Knidifli Swttiic^ -.here Juftxe to Ttp}£' tcr Cunvii^lioas. i ! r' S^ C. XX. Anno tricefimo fecundo Georcii II. t.758. Entr. ftai. 6 ft 7. VV ill. J. C. 17. ISuviig, clip* puigs, «t.j.F.liz. c. i4.a Strn. 9CI. KfX. V r/ui Ja- fhet Ctboke pillonr, 6cc. Notw extend to Jiiili^L-utPtobiite He* ing. Slat. 5. E- Penalty mI. tad iix montlit iroptiioameat •r pillory VII. A nd be U further ena^ed., That every perfon convi(?lcd as aforcfaid, of buying or re- ceiving any clippings, fcalings, or filings of money, fliall forfeit the fum of twenty pounds, one moiety thereof for the fupport of His Majefty's Government in this province, and the other moiety to him or them who {hall inform and fue for the fame, and alio be imprlfon^d for the Ipacc of three months. VIII. And be it further ertaSIedj'ThstK any perfon {hall forge or counterfeit, or procure to be forged or counterfeit, or willingly afllft in the forging or counterfeiting, any deed or wri- thig fealed, or laft will or teftairent, or {liall publiih or {hew forth in evidence, any fiich forged or counterfeit deed, writing fealed, or laft will or teflament, as true, knowing the iamc to be fdlfe ; or if any perfon {hall forge or counterfeit, or procure to be forged or counterfeited, orAvillinglyafTifl in the forgingor counterfeiting any bond, writing obligatory, bill ofex« change, promilTory note for the payment of money, or any endorfement or aflignment of any bill of exchange, or fuch promiffory note for payment of money, or any acquittance or receipt either for money or goods, or any dilchargc of any action, account, debt, demand, or any perfonal thing, with intention to defraud any perfon, or ftiall utter or .publiih as true, any forged or counterfeited bond, writing obligatory, bill of exchange, or fuch promilTory note for the payment of money, or fuch acquittance, receipt or difcharge, with intention -to defraud any perfon, knowing the fame to be forged or counterfeited; every fuch perfon being thereof convided at the Court of Afllze and General Goal Delivery, or Seflions of the Peace fliaL be fet in the pillory, and there have one of his cars cut off, and iliall alfo fufTer imprifon- ment for the fpace of one year without bail or mainprize ; and the party grieved fliall re- cover his double colls and damages, to be alTefled in the court where fuch conviAion {hall be : Provided always, and it is hereby enured, thit this A{t, ror any thing herein contained {hall not extend to charge any judge of probate, or any regifter, for any of the offences aforefaid,for putting their feal of oflice to any will to be exhibited to them, not knowing the fame to be forged or counterfeited, or for writing of the faid will or probate of the fame, nor to any other perfon or perftws that {hall Ihcw forth or give in evidence, any falfe or forged writing for true or good, being not party or privy to the forging of the fame,«ot knowing the {ame to' be {alfe or forged C}^). IX. And be it further ena^ed. That if any perfon orperfons, either by the fubornatlon, un« lawful procurement, finifter perfualion or means of any other, or by tlieir own aft, confent, or agreement, {hall wilfully or corruptly commit perjury, by his, her or their depofition in any Court of Record, or being examined ad perpetuam rei memoriam^ every perfon fo offend- ing, and being diereof duly convicted, {hall forfeit twenty pounds, the one moiety thereof for the fupport of this His Majefty's government, and the other moiety to fuch perfon or perfons as fhall be grieved by reafon of the offence, that Ihall fue for the fame by any aflion of del)t, bill, plaint, or information in any court of record ; and {hall alfo be imprifoned by the fpace of fix months without bailor mainprize. Ard tlie oath of fuch perlbnor perfons {hall not be received in any court of record, until fuch time as the judgment given agsunft the faid per* fon or perfons (lull be reverfcd, and upon every fuch revcrfal, the parties aggrieved Ihall re- cover their damages agriinft fiidi person or perfons, as did procure the faid judgment fo re- verfcd to be given againft them or any of them, by hit, her, or their adion upon the cafe, according to the courfe of the common law (A.) X. And if the faid offender or offenders fhall not have «ny goods or chattels to the value of twenty pounds, then he, flic, or they fliall be fet on the pillory, by the fpace of one whole hour, and both his e.is Ihall be nailed to \h& pillory, and /roiQ tlieuceforth fuch offender fluU (V) f !Ti\v«! jr.ih Ol.l^ id. Vlllfh Iff,!"*'' • tlu;.illi/.c»t'bvc;Hl til- f.inv me uot n-printi'il. Aitl whii'ti .liter or ;inH nit ihl. Ai5l, 1(1 lar ss re- liii-Ois WCIIjlltC & ni.',ir;iicj,jj.lilii. ci.;,iil. Cv'o. id. .Cip. 6th nnd ;tli Ceo. 5d.i:ip. <■ jid.GVo..-,ii.C.4- fu 1 cs to l)c .acor- dingiotliell.iiid- »rd otKn 1 ind. Weifilits to be prorwrcd u at Perfons fcllirc; *^" wcijvlits and liiiiiriircr not riarV.t.\l by tbe CLikotiUiAUr- forfeit jO«, t'();ivu"lmi he- fl/iC oiic Juilu'C Clerks of M I'k- et to iiii'peU wei>,lils (3c luoa- farcs oiice in 3 Sell! OR by ^•eights i niL»- fu csLis t!ian llie lhivl.ird,pe- naity luK C. XXI. — XXiri. Anno triccfimo fccundo Georcii CAP. XXI. '758. An ACT relating to the Afllze of Bread, and for afccrtalning the Itandard of Weights and Mcafurcs. WHEREAS f^trat /muds arc ch clerks rcfperlively, bring or caufe to be brought, their weights and meafurcs to be allayed, for each of which alHiy he fluJl have two pence for his trouble and no more, and thefaid clerk fliall caufe fuch weights and meai'ures to be branded or ftampt with the initi;U letter of the town where fuch allay flull be niade. And wliofoevcr fliall thenceforward, fell or'vendany commodity by weights or meafurcs not fo br.inded or marked flvall forfeit for every fuch otl'ence twenty fliillings, on due convidion thereof, before any one of His Ma- jelly's Juftlccsof the 1'c.icc for the county wherein the ofTencc fluill be committed, to be levi- ed by warrant of diftrefs and fale of the offender's goods. III. And for the-more tffctlual preventing fuch frauds, be it further cnWed, That the faid clerks fliall, and are hereby impowcrcd, to infpe^l all weights atid meafurci, and for that purpofc one in three montlis, or oftcner if they fee caufe, fliall vifit every inhabitant felling publicly by weights antl nieafures, and fliall have full power and authority to feize all fuch not ftanipt or branded as aforel'aiil, and may aflay and mark and difpofc of the fame for their ufe, as a fatisfaiflion for their trouble therein; and if any pcrfon fliall hereafter be convidcd of felling bv wcicrhts and mcafures Icfs than the ftandard hereby eftabliflied, he fliall forfeit the fum of ten pounds, to be recovered by biU, complaint, or information in any of His Majcfty's Court! of Record. Tbis Aftdircai tliC litWS to I'C red on ilif pa- raile attcr ncnite Ivbc't ofdu.ni ; but hining been alteic.loy thtAok of tl.c utb (-ec,'. jd. tip. 5, tlie tiile urlv li.is be^nrc-prinxd CAR XXIL An ACT declaring what ftiall be deemed a publication of the Pro- vince Laws. CAP. XXIII. All in amend- iUiUeo' d c^ ■ ^^ ACT for preventing perfons leaving the Province, without a Pafs. Prc-niUe WI11"]?EAS injujlice may be done to creditors by perfons in their debt privately leaving the Pro- viiicc, and great inconveniences have likeivife ^ rifen^from feamen in the Royal Navy and Sol- diirs,biingftaetly conveyed away : For preventing thereof, Be it cnacledby hit Excctleiu^ the Governor, Csioicilf '758. lining the irJ forWtights 'ore enured by hereby enuBerty landard of the ly be, procure and that until ftorc flv.il 1 le crcfroni a fctt weights, and making ufe of • public notice nd mcafurcs to no more, and irith the initiiU iceforvrard, fell lall forfeit for nc of His Ma- ted, to be Icvi- : the faid clerks lat purpofc one g publicly by ach not ftampt their ufe, as a idcd of felling feit the fum of [ajclly's Court! '1 758. Anno triceHmo fecundo Georgii IT. C. XXIIl. IJ of the Pro- lout a Pafs. saving the Pro- t Navy and Sol- 'uj the Governor^ Connelly Couneilf snd J/Zenblyy and by the authority of the fame it it hereby enabled., That all and every perfon or pcrfons, intending to leave this province, ihall put up their names publicly at the Secretary's office, for the fpacc of feven days, before they flull obtain any pafs, with the day and year when they put up their names, and in cafe faid perfon or pcrfons are not, within faid fcven Jays, underwrote in manner as has been ufual, that then and in fuch cafe, it fliall and may be lawful ft)r the Secretary or his deputy, and they are hereby required, to grant faid perfon a pafs, for which he fliall receive one {hilling only. And in cafe faid Secretary or his deputy fliall rtiufe a pafs to any perfon or perfons that have complied with the rules prcfcribed by this aft, he or they fhall forfeit the fum of fifty pounds, to be recovered by bill, plaint or infor- mation in any of his Majefty's Courts of record in this province, and for the ufe of the per- fon grieved. II. And be it further enailed. That the pals for perfona leaving this province Audi be in the •following words : Perfoni infrn(f. ing to Icav tlic Province, to ut up their naiiv 1 attheSecretiirv'i offict, 7 duvH be« fore they (hiill hitve it pair Secretsrv reru- (iiiK '1 paiii fur* t'tilS 'Ol. " Province of Nova-Scetia. ** PERMIT ** in the Majler, bound for " he or they having complied with the tf<7 of this pr$vince for that purpofc" « Dated to depart this Province Fo":^ ofihepafc Ilk j^nd be it further enabled. That whofoever fliall underwrite any perfon or perfons, fo having their names fet up as aforefaid, fliall produce at the Secretary's oflice an affidavit made -befcjrc one of his Majefty's Juftices of the Peace, which affidavit fiuU remain in the (aid office, fetting forth the caufe in writing, if a debt, the fum or fums of money that is due or owing to him or them, to be afccrtaincd as near as they poflibly can, and by vhat means it doth arifc, whether by bill, bond, judgment, proniife, covenant, or account. And when any perfon fo fetting up their names in the Secretary's cflicc as aforefaid, fhall be underwrote by any perfon in manner aforefaid, that then and in I'uch cafe, it fliall be lawful for the Secretary or his deputy, to take good and fnllkicnt fccurity from the perfon or pcrfons fo underwritten, for the fum or funis tliat he or IIic is underwrote for j which fecuritj fliall be in the follow- ing wordb : " KNOW all m:n by thcfo prefects. That loe " and of Halifax, are firmly bound unto ** in the fum of to the true payment ofivhich, zoe bind ourfelvcs, our •' heirs and ajpgns firmly by thefe prefents, Wiinefs our hands and fcals this day of " THE condition of the above obligation is fuch, tkit rvhcrcas the ahovc bound " is underwrote by of Halifax afirefaid,f}r thcfi/m of *' AW if the faid or they, their heirs or t)Ji^ns ivill pi-^y or caufe to " be paid to faid ihefaidfumof orfuchfumasflmllle^nUy^upun " trial, appear to be due to faid then the above obH^ation to be void, other- " wife to renuiin in full force and virtue." For taking of which bond the Secretary fliiH receive two fliiUlng'? and fix pence only. IV. Provided always, and it is the fullintciuion andmcaiiinguf this acl,tliat the perfons fo un- derwriting, file their aftions in the next Inferior Court, after fecurity be given for theirdcl-f s then duf; o'.Iicrwifo the fume l;c:rg pleaded, fhall be a fiiilicicnt \m- totlicir aaion oraclions. V. Jnd be /V/.'V/wfWi^fYa/, 'Ihat aiiy porfoji or pcribns tliatl'.avc been urxlenvn,' ; iis a- forcfaidj upcn their givirg f>-"'-urily as before iliiecicJ, arc licrcby cutiUvd to receive their F pafs, Perfon* nnderh- writing Miuther, to lilc an ullid.i*' fit of die debt du* for which fum fc- curitV is t!i be ta< ken by ihc Sc« cictary. yormolth'.Loni Sccrct»r -'sfcf. Aiftionj to be L. o ;j4 .' at !lie next I. t,.i;or Court r-'v^ins nti.ler \v;oii to have 34 llicirpafH nr giv- iiig U'Cui'liv liii'iii^ to lie r!«. livirctl lu cicilU t'jii Security tobcg!. \-n Til pivni -ri'. *f all Ji-lill liy juifiins ItMvi ly; t!ic ProviiKc If. fore 7 (t.ijs .ic P-incstol-x-jTrnn- tc I a' II • n.n. po;t , !iv f'lii-. ri.i'iJiiiy uHiccr, Tv'it tnox'cnd t3 Perfims qr.-u-.d- lelVly u.ii.iciA;i. tlng'li,iU« to an acuon MafTerjofvpfTcls c;ri viiiu.iiivpcr- lbii fioiuHjIiriiT, without apgis forfeit ^rl.anciii. able tu.^i dain.,- C. XXIV. Anno tncefimo fccundo Georgii H. ^75^ pnfs, in Ilk'? mniincv ar, if they had not been underwrote. And the Secretary or his Deputy arc liurcl-y iin]io\vc'rcd to djiivcr the (.uA Ijoiul I'o tiikcn as afaref'.t'ul, to the pcrfon or perfona that und<'rwrote the pcrlonro}:;<>ing away. jXiuHiiiil boiuHh.ill be j;ond and valitl againtt the llcurity for the recovery of fuch funt or fums as the perfon or perfons, to whom the fa'd bond ii ilciivjrcd, can nnkc appear, upon trial, was really due to Itini by the pcrfon he underwrote, wiih the colls thereon. Vf. Jml be it further cn.u'fc-J^ That in cafe any perfon intending; to h-ave the province be* fore the fcvcn days arc expired, after fettinpj up his or her name, may obtain tlicir pafs froin tlic Secretary or hi ; Deputy, by oivinr^ fvilllcient fecuilty and cntcrinjr into bond as aforc- faid, th.;t faid fecuiity will pay all tlic debts f.iiJ pcrlbn jjjoinj^. away has contraded in tlie provir.cc ; which bond Ihall be good and valitl a(rainll fiid iecurity. VI!. y//;.,' itis.hcrc'>yf!trlhLTcmhlal,'\'\v\\.\\\ the. out ports of this province, pafles may be obtaincil from the couiniaiulinp; ollicer f(»r the time bting, or from any other perfon, whom the Governor or Ctnnnnu.uer in chief Ih ill appi. lilt ft)r tliat purpofc, who arc hereby em- powered to p;rnnt the fame, in manner as prcfcribcd by this act. VIII. ProviiLd al'Xiiys, That notliing in this act Ihall be confirucd to extend to the refliaiinrg any military pcrfon or perlons from inimculalcly departing ihc province, withi fj cclul pcrniillion under the hand of the commander in chief of the troops. IX. yhid be it further ciwMcJ., by the authority cforcfaid. That if upon trial, it fliall appear that the c lufe for untlcrwrlliiig any pcrfon or perfons, I'ettipg up their names in the Secretary's onicc tt) depart this province, be vexatious and groundlcfs, that then and in fuch caitr, the perf.-n fo underwriting fli.iU beliablcto an afiion of damages, to be recovered as aforcdiid." X. ArJ he i! further cnnded, I'liat no maffcr. of any fliip or vcfi'd, going from the port of Halifax, ihall carry away any pcrfon wliatfoover, witht^ut a pafs figned by the Secretary of this IVovIncc or his l\>puty, (e.Nccpt the crew or fcamen brouL^ht with him in fuch veflel, at his laft arrival) nor iliall leave the faid harbour without permillion in writing from his Kx« celk'ncy th; Governor, Licu'enant-Govcrnor, or Commander in Chief for the time being of tills hii iMajcliy's Province ; And th.e niaflcr of any (h p or vcffel offending contrary to the tenor of ihio .id, Hull forfeit the fum of fifty pounds, to llic ufe of this government, and be liib'e to pay all damages, to be recovered by bill, plaint, or information in any of his Ma- jcfiy*3 Courts (if Record in this Province, to be levied by fale of tlie offender's goods and ciiatteis, by warrant ur.der the fcal of f.iitl court, and ftw want of fuch goods and chattels, the pcrfon conviclcd to be committed to fome of his Majefty's goals for the fpace of fix mouths. C A P. XXIV. Aft in arrcnf!- mtiiiDrilic;. Ai^, i6ih Co. ju. i:. 4- Eng.f :it. ai. Ja. I. c. i6. Actions for the U'CJ-tiyotliiilj Uc. ob.:b:()uril;t willuii :o yc.us i Salk. 4;j,4]2, An ACT for limitation of Anions, and for avoiding fuits of Law. 7. ,'i er.acIeJby his F.KecJIency the Cover nor, Cornell, tvul /•JJimb'y, and by the authority of the fame It is hcrtby tiuifled, That all actions or fails, either in law or equity, at any time here- after to be fuct! or brought, {;f or for any lands, tciieir.er,ts cr hcreditan'onts, within this Province, wlicrcuiUo any perfon or perfons now hath ov bine any tide, or caufe to have or purfueany fuch actions or fuits, Ih.iil be fued and taken within t\^crty years next after the cud of this prcfcnt Sc-Tion ot the Cej'.cral Af.enil.ly ; and after the faid twenty years expired, r:o perfcni or perfons, or any (;f their heir";, lli.dl have or iralntaiii any fuch adion or fuit, of or for ai;y of the faltl lands, tenen-.ents, or hercdilanxTts : aid tlial all afiions or fuit;, either in law or '.ii".uty, of . liuo ^75^ »75«- Anno triccfimo fecundo Georgii II, C, XXIV. 35 ry or his Deputy icrfon or peril m* iMii valid ;ig.iinft ^ to whom the by the per Ion he the province be* 1 their p.ifs from bond as aforc- contradcd in tlie c, paflcs may be ;r perlbn, whiuti arc hereby cm- ) extend to the province, withl ,1, it fliall appear n tlic ijecretary's 1 filch caie, the d as aforcdnd.' iom the port of tlic Secretary of ill fucli veffel, at ff from his Kx- e time being of contrary to the rnmcnt, and be any of his Ma- icr's goods and and cliattelsjthe : of Hx mohtiis. lits of Law. tbcrity ofthtfame any time hcrc- nts, viiihin this ufc to have or i:c.\t after the ) cars expired, ^ion (Jr fult, of » (T iuit ;, cit!;cr I'rcvcr, ;'.t any c h.i'C.btcrhap- i.d cuufc of :'C- tlua ^^ I tcrliig W"hn ']• ycui* (.\i.luut.d S ivinR r.>r mi- tion firft dcfccn Jed or fallen, and at no lime after tlic faid twenty years, ?,nd that no pcrfon oi pcrfons that non' hath any right or tiilcoi entry into any lands, tenements, or hereditaments, now held from, him or thcm,ihall thereunto cuter, but within twenty years next after the end of this ptefcnt felUon of the General •iUcmbly, or within twenty yearu next .iter any other title of entry accrued. II. And that no pcrfon or pcrfons flull at any time hcrcaflcr, make any entry into any hnds, tenements or heretlilamcnts, but within twenty years next after hi ; or their rij^lu or title, which Ihall hereafter firftilcfeend or accrue to the fame, and in defuilt thereof, fucli pcr- fon fo not entering, and their heirs, Ihalibc utterly excluded and difabled fri;m fu..h entry after to be mailc. III. Provided ncverthdcfs,'\\\At if any pcrfon or pcrfons that is or fliali be entitled to fuch ac- tions or fuils, or that hath or (lull h.ivc I'ueli ri^^litor title of entry, be, orfhall be at the time nois^c.»i. Lrr. of the faid rijjrht or title lirU defccnded, accrued, come or fallen, williin tlic age of twenty one iL^r'"^' ' ' '* years, • feme covert, non compos mentis, impriloned, or beyond the feas f, tliat then fuch cro. t,ir.»4r. pcrfon and perfons, and his or their heirs, iliall or may, notwilhiianding the faiil twenty j.Vj'k.V'o.En)^! years be expired, bring his aftion or fuir, or make his entry, as he might have done before tJiis ^ it-'(''r-ion» oF tref. trefpafs, detinue, aclion of trover, and replevin for taking away of goods and cattle, all ac- tilnmciicea tions of account and upon the cal'c, (other t ban fueh accounts as concern the trade ofmcr- *''ii'n j yci".^ chandize, between merchant and merchant f^?^, their factors and lervants) all actions of tliiifcifion.ui lix debt, grounded upon any lending or contract without fpeelalty (^^J ; all aclions of debt for Y"[' 'i',^' ,\'^* arrearages of rent ('f^, and all actions of aiVault, menace, battery (^^/y, wounding, and im- tioa prifonment, or any of them whith Ihall be fued or brought, at any time after the end of tl.is prefent fcflion of General Affembly, lliall be commenced and fued, within tie tli:'e and li- mitation hereafter cxprcfled, and not after ; (tbut is to fay) The liiid actions upon the cafe (other thanfor llander)(t'), and the laid aclions for account, and the faid at'lions for trefpafa, debt, detinue, and reple\in for goods or cattle, and the faid aclion of tre(pafs quare cUuii'uni frc^it, within three years next after the end of this prefcnt fellion of General Aflcmbly, or within fix years next after the caufe of fuch action or fuits, and not after: And the fiid B,.|tfrv ftc adions of treipafs, of alLuilt, battery, wounding, imprifonment, or any of th.em, within fix wiiliino mooting months next after the end of the prefent felUcm of General AU'embly, or within one year next ^^'^" after the caufe of fuch aclionsor liait, and not after ; and the falj aclion upon the cafe for '^Vords with-™ words, within three months after the end of the prefent Selhon or General Aflen.bly, or ''"" '"^"''"' within fix months next after the word, fpokcn, and noti "ter. V. And be it further enabled. That if iti any of the faid actions or fuifs, judgment be "iven for the plainlifl", and the fame be revcrfed by error, or a veidic~c palled fur the plain! iff, and upon matter alledged in arreft of judgment, Lhejudgn.cut be given agaii.ll the liaintifi", that he ((j) Accniints open and current»nly, nre witliin thif cxcfption; butif Hated and a Pi.Trircrt-in •■s arvc.-! tnbe Hue to ont «£' the ni'.-icli.\nis,wli',!C\'is toL>;iii>; ii.s Ui.'!:oii wi.iiin tlx lime limited, lie is Iw i\d !«, ;'-' buiun', ^ Siuiiid. 124 -12-. I i.cv.iij-. 298. 1 V>nl. 89.1 M.iil.i:;>.i MoJ. ;,i2. I Ve.n. .ij.''. Novdo.s the cye-einionc«cnd t-i,!;.v I'thiT thjn adiims ('•t" •ccount, (J^.i... 116. Nor to liillsoti.xdui.ge, which are ban td by the Statute, Cuilh. 3. 116. iinld's ilie Diawtc be abletit bcVKi'id W.'A. a. S'.iii. il ' (•) On l*lc;i of.b(o.'Ti/ ,(i/»i>m tobond i*"»o vc,-;rs flanc'lo;.', and no int^rrO p.iij, though out of 1 he Stiivtr, yot length »f tmc \villbc;-ie1'uinptive proot ^1 n,,,i.iit. SuiuLhu. > ubhiiee of a bond ol'io y.-.iis ft.indirg was ret'uied .my ichtt, i Anv of fiid :ii.'>I- uiii, be leveritd I V enur 111 or ia .ill ill ul judg- 5u Hi Lil.i Chan lU'p. -,%, 83 ;or',. ('■) Debt f:i. aiiear.ij.v.1 of rent o" Icaft- bv indentures oj rent itl'crved on p.iiil leaksis b.nied, j fi.i..nJ. ('j. (d) 5 Mod. 74. I Kev. ji. 2 Sulk. 4:^. ((•; Slander 01 uilc is uoi biuud, ior the flandjr ioteodcd is to the pe;fon, Cio. Car. i.;i. r» ot il\e Su'.utt, becaufc the iuJcniure is c; .il to 2 fpecialtv, but i,c. 1 Job. iv5. 36 C. XXIV. Anno tricefimo fecundo GRORori If; »75^- H mt'.f, ma? b» C'liiiiiKof:.! // "'■f I wiilitnoae /I if, piiir.' rliti- J'i"4 fr.};il, il;- "l-'iniiiit m.iy Jn aftions oftref. pAls, A.:, no more coHi thati dvtm.igci to be tinlcfj the Judgs certiTyi &c. ik^ions of trcf- pali &c. acciu- my to niiiioii, m iir be broaglit aft. :r their toio- iog to lull Age. AAior.! of tref- uil>^c. nuy l)e Dioiigh'- affain't piri'onr. he /oml the feas after t'leir return he take nofhinphy hN plaint writ, or I)ill ; or if any tlic faid anions fljall he hrought by origt- iKil, aiul llie ilctciul.mt therein Ixf outlawed, and lliall atlcr rcvcrfe the outlawry ; that in all fuch cafjs the party plainfilf, his heirs, executors, or adniiniilrators, as the calc may require, may commence a newartion or (uit from time to time, wiilun one year after fuch judgment rcvcrfcd, or fu.h judgment given againll the plaintill", or outlawry reverted, and not ifter. VI. ^nJ hi it further ena^ed. That in all artions of trrfpafs lyr/^r^ daiif inn fr exit, hercnfter to hz brought, wherein the defendant or dffendants fliall diiclaim, in his or their plea, to make any title or claim to the land in which the trefpais is, by the declaration, fuppoled to be done, and the trcfpafs be by negligence or involuntary, the »lcfcndant or dclcndanti fliall be admitted to plead atiifclaimcr, and that the trefpais was by negligence or involunta- ry, and a tender or offer of futTiLient amcndi for fuch trcfpafs brfore the aAion brought ; whereupon, or upon fomc of tlicm the plantilF or plaintilTi Jhall be enforced tojoinifTue, and if the faid iffuc be found for the defendant or defendants, or the plaintilfor plaintilfs fliall be non fuitcd, the plaintiff or plainiiifs Ihull be clearly barred fnmi the faid aclion or alliens, and all other fuits concerning the fame. VII. ylfui be it further cna^cd^Wwx. in all aiflloni of trefpafs, affions for aifault and battery, and all aftions for fl.*nderous words, to be fuctl or profecutcd by any pcilon or pcrfons after the end of this prefent feflion of the General Affembly, if thejury, upon the trial of thcilTue in fuch acli(m, or the jury that fhall enquire of the damages, do find or affefs the damages under forty fliillings, then the plantiff or plantiffs in fuch aOion, fliall have and recover only fo much cofts as the damaj',cs fo given or afTcni'd, amount unto, without any further incrcafe of the f.tnie : And if more cofts in any fuch aclion be awarded, the judgment fliall be void, and the defendant acquittcil from the fame. ProvirieJy That if the judge, at the trial of any aftiwn ofaflaultand battery, or action of trcfpafs, fliill certify under his hand upon the back of the record, that the afliiult was fuillciently proval, or that the freehold and title of the land, mentioned in the plaintiff's declaration, was chielly in qucflion, or that the trcfpafs wat- voluntary and malicious, the plaintiff, in fuch cafe, fliall recover IiU full cofts, though the jury fliould find damages to be under forty fliillings. (/). VIII. Provided neverthckfs. That if any pcrfon or perfons that h. or fliall be entidedto any fuch action of trcfpafs, detinue, ai1:ion of trover, replevin, aftions of account, aftionsof debt, actions of trcfpafs for affault, memce, battery, wounding or imprifonment, actions up- on tlie cife for words, be, or fliall be at the time of any fuch caufc of aftion {'[iven or accru- ed, fallen or conic within the age of twenty one yens, feme covert, von copipos' tnentis, impri- foned or beyond the fcxs ; that then fuch pcrfon or perfons fliall be at liberty to bring the f.'.me aftlons, fo as tlicy take the fame within fuch times as are before limited, after their coming to, orlxing of full age, difcovert, of fane memory, at large, and returned from be) ond the feas, as by otlicr pcrfons having no fuch impediment, fliould be done. IX. And bs I further enaSled, That if any perfon orperibns, againft whom there is or fliall beany caufe of fuit or action of trefpafs, detinue, acTions of trover or replevin, for taking away any goods or cattle, or of action of account, or upon the cafe, or of debt, grounded upon any lending or contracT- without fpccialty, of debt for .irrearages of rent, or aflanlt, me- nace, battery, wounding, and imprifonment, or any of them, be, or fliall be at the time of any fuch caufc of fuit or action given or accrued, fallen or become, beyond the feas, that then fuch pcrfon or perfons who is or fliall be entitled to any fuch fuit or a<5tion, fliall be at liberty to bring the falJ aclions againft fuch perfon anil perfons, after their return from beyond the feas r/") If t!ie aflinnl;fornTi-«"d nature ns for irnrfl? and corTpiracv or any other wrorgj, tli- e»fe isoutof tJie lUtute of IK IBiuuj.i(, and i-iljiiiu JiUail h»Yv; co.lsas ii^i.\, Cio. Car. 141. (6j. jo;. i. S.ilk. aoi, •ought by origt- ivry ; that in all (ic may require, fiich judgment cried, and not Or^V, Iiercaftcr r tlicir plea, to n, fuppoled to or dctcndanti c or involunta- (ftion brought ; id to join ifTue, ir plaint ifn> fhall ^ian or atflions, nd battery, and :rfons after the thcilTuein fuch damages under recover only (o urthcr incrcafe fliall be void, the trial of any upon the back nd title of the the trcfpafs waf • b, though the entitled to any unt, aftionsof nt, actions up« "[iven or accru- tiifKth, iirpri- to bring the limited, after cturncd frona done. icrc is or fliall in, for taking bt, grounded or allault, me- lt the time of feas, that then 11 be at liberty m beyond the feat ofUie AatQteofli> J758. Anno triccfimo fccundo Geohoii II. C. XXV--XXVIi ST feas, foas they take the fame after their return from beyond the feai, witJiin fuch timci ai arc rc(i>e^ivcly limited for the bringing of tlic fame by this Aft. Alc(ricy i) not within the ft.ttute. 1 Vcrn, «;6 Debt for an rfcjipeii nm barred, i Saund. jj. i.L«t. i9i. Dtb-un awmtl iiuutofttie Oalute, 1 Sid. 4M, i. Lct. 17J. In C'luity, if l»nd» i»rc Ijbjo-ttd tu Jcbtn by will or deed, dcUi barred by the ftatute fhall be paid, i. Salk. 1^4. » Vern. If dobt is acknowledged, and pavmenc promifcd tftfr the Gx yean, it bring! the debt out of the flatutc i. Salic, it. 19. but 1 Vent. !<■ bill c- (iwning the di'bt ii not fudicicnt. If clib'i) or hit executor .ilier the fix voars, adfcrtife in a n 'Wt paper that all perfi)nt h.iving debts due, &c. (hall be paid, lhis\^ill r.'vivea dilx due by note, ur a lx>ok deU thougli bjnetlby thulhtiiU'. Abr. ii.1l. joj. Audicwi vcrfui UiuwQ, A triift '-. net w'thinthe (t iiiitcs (if liiiiitiition, Eq.Abi. March. 119. pa. joj. The flatiite of limitation! ii inu pleadable in the Court of Ad:nirali> or Spiriu.ii Court, 6 Mod. «(, «A, * Salk. 4i4> In t ijalk. 414. 6. Mod. a;, doubted whether Ibfute of litiiit.itiotri y^asa goid plea to a fuit inthe Admiialty for Mari. •en wages, being property deterriinable at Co?nni;>n I,:iw and merely indul';-.'d to the Adnnralivjuiifvliiltioii. llut b\ Enn. nnr4. and.f. Ann c. 16. it ii enacfod, '■ 'I'h.it all aL^ioni in the Cnutt of AdiunaUy lor Ic.iineo 1 wagct, Ihall be cominen* " ted and fued within fi^t ve.iiJ next, alter the caufe ot fuch faiti ihiH acdue, and notiiftcr." Suing outao origmal will prevent a b.uring by theftat. Caith. ij6. a.Salk. 4*0. 3. Mod 311. CAP. XXV. An ACT to prevent unncccflary firing ofF Guns, and other Fire Arms, in the Town and Suburbs of .Halifax. BE It enailed hy hh ExcfUfnt-y the Governor., Council ^ and AJfcmbly^ and by the authority of the fame it is hereby cnaclcdy Tli.it if any peril . or per fons, of what age or degree foevcr, from and after the publication of this act, llull unuecellarily lire out of any gun, fufee, muf- kct, pillol, or other fire arm, in any of the houfcs, ftreets, lanes, wharves, yards, or gardens in the town or fuburbs of lUlilix, every perlon fo offending, upon conviction thereof, upon the oath of one or more rredil)!c wit ncfs, before any one of his Majclly's JufUces of the Peace, (hall forfeit the fum often (hillings, to be levied by warrant of diltrclii Iroin fuch Juf- tice, on the offender's goods and ciiattcls, and for want of goods or chattels, fuch offender fliall be committed to gaol for ihc fpace of twenty four hourn. II. Provided th^t no profecution for breach of tKlsatfl Ihall be admitted, unlefs complaint be made thereof within twelve hor^s, at leall, .iftcr the offonce committed. III. All ft)rfeitures arifing by virtue of this AA, fhall be one half to hiin ot her who will profecute for the fame, and the other to the u(e of this His Majefty'* government. Affs in amend- of t!iij Ai\, vih Ceo. )d. cap. 3. 3jd. G.o. 3d. cap. It. Perfons firing any gum, in the t'jwn of Halifax forfeit 10!. Malicioudy f- rii.g at any per« Ton in any dwel- ling hnuli:, kc, k by ViOT. Ait. ,ij Geo. i.e. 13, Ilc. II. I elony without clergy. riofLcutionia it houn Otiehnlfto prr f'cutor.theother to goTCtnnicDt. CAP. XXVI. An ACT dire^ing the Guardianfliip of Minors. BE if enaited, by his Excellency the Covernory Council, and AJlmhly, and by the euthorify ef the fame it is hereby enabled. That from and after the publication hereof, where any per. fon fhall have children under the oge of twenty one years, and not married at the time of his death, it (hall be lawful for the father of fuch chiklicn, whether born at the tiire of the dc- ccafe of the father, or at that time en Ventre fa fmre, or v hcther (uch father Lc within the age of twenty oncyears, or of full age, by deed executed, or by his laft will and tcftament in wriiirg in the prefence of two credible witncffcs, to difpofc of the cudody and tuition of fucli children, for fuch time as they fliall rcfpccli\Vly remain under the age of twenty one years or any IcfftT time, to any perfons iupolTcGion or remainder, other ilun pcri'cns not jrowCi-ant: ; And fuch dif. rifabllitT of r*« piAs under thit A(A, rerroved by t!ic A{\ ot the »jd Cce. jd. cap. 9. Eng. fat. i». Car. 1. c. 14. Father at his dcaJi, may diA poll: of the c.f- t(vhen thereto required, or'to iiich heirs when they fliall coiTie of full age, and for the not committing any wafte thereupon : And fuch difpofition of the cuftody of fuc!i heirs fliall be good ag;unft all pcribns clain.ing the cuftody or tuition of fuch heirs ; and fuch pcrfons to whom the cuftody of fuch heir.s Ihall be diipofed as afore- faid, iTi;'.y maintain an aiflion of ravifliment of ward or trefpafs./igainft any perfons wlio flull wrongfully take away or detain fuch heirs, for the recovery of fuJi heirs, and fliall recover damages in the faid aclion, for the ufe of fuch heirs. VI. And be it further ena":d, T.'iat fuch perfon to whom tlie cuftody of fuch heirs fliall be fo difpofcd, may take into their cuftody, to the ufe of fuci'i heirs, the profits of all lands, or tenemcr.ts, and alfo tiie management of the goods andperlbiial eftate (.f fuch heirs, 'till ihjj' refpccliveag- of twenty one years, or anylciier time, according tofuch dir.;'irition, ant bring facli actions in relation thcreunt.i as fac!i heirs might do, if arrived at full age. .r VII. (11) 1' ir tlic c.-)n"n'":.Tn of the Encr. f! il. 12 Cir. 1. c. 14. as to O'.c tn',^ and powers of tc'^ mi. 'ntarv >;uir(lia«t, and in 'ler i^uardi.irn a]ipoiiiv,'d, or iL'caiiiy n-'qiiu ca fi .v.ii tuliaiueiitaiy giiaid«ini, III tll^ the c.-)n:;n' "i.Tn ot t'lc hncr. It il. 12 wl) i''Kfcs t)ie r ailtlujiity may be rcv>)kc',l, ar.d fi.lc V.iu^lu.n 177— i.S:. IVi '-'I veifjs C mltaLI-:. Alir. Y.'\. 260, %f,i. (') '■Jiwrrlia' s mav ni.ikj li-all'sot rumois lands, vide Co. l,it. 88. V.nuli T.lt. Car i.tn 19. » Ho. Al). 41. Cro. J,i. 5.;. o!?, an I fu -ii L'uf s ar . vuidaMc uiii> by the iii&at Ijai acil GutrdiiU: rany make paitiuon of l^udsi iind ii ll..ili ImJ Uic inf^tut, if die paiiiuou b; .-ijuul. i8. Lit. fee. 12;, 124. Uro.Tlt. Oaid. ;• VII. f KUiidiAM, and in luitnuiy giMiiJiiiis, lid. Tit. Oaiil. in. ^id.a. lio. Ab. i^i. t:y^S, Annotricefimo fecundo Georgii II. C. XXVII— XXVIII. VII. Jnd he it further enaHed, That if fuch perfon to whom fuch grant fliall t.^ made of the cuftody of i'uch cliildrcn, Ihall die before he hath yielded an account unto the faid heirs, of the prolits of fuch "lands or tenements, and the management- oF fuch goods and chattels, de- ducting all nccsilary andjuft ch.irgcs, the heirs, erjculors or aduYiniflratoh) Of fucli guardian Ciril be liable, and yield a full" account unto the fiiid hei'*, hisrxecutors arid adminiftrators, of fucii prolits, goods, and chattels, ro'l and perfonal, fo received by tlie guardi; n, for the benefit of the faid heirs, dcdad died in-V teftatef'Jj, and the fame fliall accordingly be auTgncd and fet out as the law directs for the di- ' ftribution of the eftates of the intcftates.- - , (c) For wliat aifts guardians are accountable, vide a.Inft. joj, 306 413. Bro'. Tit. Diir:i!in. 95. Co. Lit. 57. b. »ji. a. a. ln'\. 114. I Rj Abr. 7,;i. (hiimoin children mav take contingent remainders, as if born in the life time oftlte father, although no eAate be himtcd iofatJeiueLts, topre&ive conJagcat reoraiudns uotll tlic cliil. ^en are bom. 39 If th« gnardism die before he hath accounted for fuch profits it hens Sec. Ii«bl« to account willb thehcu This Aft notta extend to di/- cliarge apprcnti* ces, &c. Pro'lfion for ■, I drtliuniouicluU '' dieu .Til') hil'n-- tt'KuW^ If - ^ ,t?41 CAP. XXVII. Ah ACT for confirming die pafl: proceedings of the Courts of Ju- dicature, and for regulating the further proceedings of the fame. • n. And be it further i^^ed. That all rules and orders, proceedings, pleadings, fent' nccs, Vcrdifts and judgments, in the fiid Courts rcfpcclively, and all exccuuu:i.s awarded thjrcon, fiiall be, and are hereby ratilied and confirmed. iSndall proceedings and j"idr^r..ius hereto- fore had and made, before any t\\ j Jufciccs, or one Juftice, are- hereby ratiiied and confirm- ed. The rerauning part of this Adl, which regulate J ilie proceedings of the Courts ofJuIUce, wis temporary, and is expired' That part of this Ai5l wliichtegu- b.ted llic futinf^g of the SupreniC Couit lianng bcon altered by fubfefjucnt hSis, " only ilie ill claiif has x:-:! re-| tinted Tormcrprficoe-i. ' ings confijm.d '' CAP. XXVIII. . An ACT for the better difcovcring, and more efTcclually fupprcf- r-pue*. fmg unhccnfcd Houies. C.\P. I (•i .•f! I 40 JUpved> Kpired. JUpiied. ■Expired. Expired - E'pu'ed. Jtr. piled. C, XXIX-XXXV. Anno triccfimo fecundo Georo i i 1L i 75*8. CAP. XXIX. An ACT for confirming the paft Proceedinj;'' of the Co urts of Judicature, and for regulating the further Proceedings of the famq. Tfau aA wu to amend an ACt pafbd in the fame Scflion. CAP. XXX. An ACT for the reviving and putting in full Force feveral of the Refolucions or A£ls of His Majefty*s Governors and Council of this Province heretofore made. 5 % CAP. XXXI. An ACT for the grantmg Bounties and Premiums on the fencing and improving Lands, raifmg Grain, Roots, Hay, Hemp, flax, and catching and curing Fiih. CAP. XXXIl. An ACT for the better Obfervailon and Kwcping of the Lord's Day. C.xP. XXXIIL An ACT for the granting to His Majcfty, an Excife upon Wine, Rum, and other diftilled Spirituous Liquors fold by retail. CAP. XXXIV. An ACT for granting and eftablifliing an allowance to the Col- lectors of the Inipoll and Excife Duties. * ' ■ III! IB^— — — — — ■■ I I. ■■ I ■■■■ I I ■ ■l^l■■ m il ■■■■ — !■»■■■ .1 ■ I .1 w^— ^— ^1— — 1» CAP. XXXV. An ACT in addition to and Amendment of a Rcfolutlon of the Governor and Council of this Province of the 14th April 1755, intitlcd an Act, to prevent the cutting and fplitting of Hides, revived this prcfent Seflions of General AlVcmbly. CA1\ m <759* Anno tricefimo tertio Georou IT, CAP. XXXVI. C. I. An ACT in addition to and explanation of an A£l pafledtliis Seffion entitled, An Ad:, fot confirming the pall proceedings of the Courts of Judicature and for regulating t he further proceedings of the fame. On exnmining the records of the General Ancmbty. I csnnot find this Aft; yet the title has been re-printed is former edi- tions of tlic Laws, from which it appears to have expired. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the fecond day of 06lober, Anno Domini 1 758, and in the thirty fecond year of the reign of Our Sovereign Lord GEORGE the Second, of Great-Britain, France and Ireland, KING, Defender of the Faith, dvc. and there continued by prorogation until the firft day of Auguft, Anno Domini 1759, ^^^^ in the thirty-third year of His faid Majefty's reign; being the lafi: Seffion of the firfb General AfTembly convened in the faid Pro\ince.* * In the time of Charles T.awrerce, Gowrror, Jonathan Bi;ldicr, Chief Juftice, Wm. Ncibit, Spc-kcr, John Dupovt, Se- cretary of Council, David Lloyd, Clerk ot^ViTcinbly. CAP. I. An ACT for regulating and maintaining an Houfcof Corr26lion or Work-Houfe within the Town of llalifax, and for binding out Poor Children. WHEREAS by an An ofthcC.crci\iI /^fcmhlyofihh Province, ounhJ," An AA for creel- ing ;in Houlc of Correction or Work-lloufe \\iihin ihc t()\\n of Hnlifax, puuL- and pii(Ji.ii at tl.cir Sc//icn /;qv« tiud I oUlen tit ilcilifnx the fcioru! di'.y efOdolur, ch: ihciij'.indjl'c^n hun- dred and ffty ci^htt ihcjum of five hundred poiindi of ihc moiiLs then in ihc inafury of the pmincc, colkdulfor the duties on ffiritmiis liquors, was appropriiitcdfor crciling an Houjl cf Corredicn cr IVork- Ih'juJ'c within the town of llalifax; lie it enadedby his ExeelleKry ihe C'.zernor, Council and /! ^■■mlnt, mid hy the autiinrity of the fame it is hereby enaCled, 'I'li.it the t)vcriccrb of the poor of tl.o ti , i of ILiliiix be, and accordingly thoy hcrc'oy arc authorlicd and inipowercd, wlvv ;ir.d fo ft )n as tlvcluid Ilou*c: of Correction ihall be built and fir.lllicd, to agree with fonic vliicrect and lit pcrf(.ns to be the niafter ar.d kcejx-r, and needful ailifiant;) for die cro of tliefune; and to proNiiIe, as there (liall be occafion, fullaiile niaicrials, tool;, and in.plements, receiTiry and convenient for kctying to woik fuih p; rfons as may be coimniucvl lo tl.c u.ld ilciie ; and t« generally Ar.5 in iiJ.'i'J^m t!i "rsTr.CPilmrnt of tills Ac"*, :<<\. and ^th t;-o. .-,1.1. cap q. uil. (jco. ..d. tap. J. ritaaibte 0\•cl.1•cr fli.iil l^eep an exatt account thereof, and render the fame 'aponoaih, if required, to the faid ovirfecrs, wli'^n demanded. V. And be it further cna^edf That if any perfon or perfons committed to the faid houfc of corrcdion, be idiots, or lunatic, or fick and weak, and unable tr, work, tliey Ihall be taken care of and relieved by the mafter or keeper of the faid houfc, wh o fhall keep an cxaft account of wluu charges he fiiall neccflarlly be at therein ; to hi rendcrcc to the laid overfcers, upon Oath, if dcnianded. VI. And be it furlLer ena&cd. That the pay of the fliid mafter or keeper of the faid Houfe of Correction, and the charge for any materials, tools, or implements purchafed as before- mentioned, or arifi'i^ by the relief of pcrlbns unable to work, and other neceffary expencc« of the £'.IJ Ilcufc, fli.'.hbe defrayed out of the furpius of the earnings of the labour done in the faid houfe, if the fime ftiall be fuillcient therefor ; or othorwife, fliall be advanced out of mor.ey in the trcafury of the province, to be iilucd by v.'arrant und-^r the hand'and feal of the Governor or Commander in Chief for the lime being, and His Majefty's Council of thi.» PiO', iiice, to be reimburfcd to the faid treafury out of fuch profits as may :J"tcrwards arife as aforefald. VII. And bc'l fitt'cr cmHcd, That the faid overfcers of the poor fliall take order from tiiV.e to time, 1 y and with thcconfent ofisvo or more Juftices of the Peace for tlie County ot Halifax, f(T fetting to work the children of all fuch, whofe parents fliall not, by the faid overfcers, or tho greater part of them, be thought able to keep or maintain them, or any p{.( r oiphiiv; ; or by indenture to bind any fuch children or orphans as aforefaid, to be ap- prcnt':ce.>, 'vhcre they fliall fee convenient, till fuch man diild fli.ill con.e to the age of twenty one yeers, ard fuch woman cl;iid tothe age of eighteen years, or the time of her marriage ; ;rhefaiiie ti>b: as ci'V'tu^d to all purpofcs as if fuch child were of full age, and by indenture of cover.ant had bouml l.In>. or licrfelf. Pnvidid (tlw.:ys, tliat one of the conditions of laid i: 'iic;iturc> IU> li be, tli/it ifihc laid mafter or Uilftrd's of faid appicuticc! or other perfon to whom N •1 :Imr, to make f. F the Peace in ,nd commit to the rules and begging, or unkiirds, per- , and perfon* or their fami< )f Correclion, committee! to continue and upon thcni, if ith (unlcfs the oniing in, and or idle, and abridge diem mour. )f Corrcftion, )r coming out, earnings, and idhoufe, vfho cd, to the faid faid houfe of lall be taken exaft account /erl'cers, upon the faid Iloufe fed as bcfore- lary expcncei 30ur done in idvar.ccd out hand'and fe:d y's Council of y ::ftcrwards c order from r tlie County t, by the iaid thcni, or any lid, to be ap- ;\gc of twenty icr marriage ; by indenture ilitlons oF faid tr pcrfon to whoiQ »75f Anno tncefimo tertlo Giotaii 11. C. II. 411 tvhom faid indenture may be afligned, fliall tr^nfport or carry faid apprentice Gut of this pro- vince, to refide or dwell in any other colony or plantation, that then the faid indenture fliall be void and uf none effe-r. to pity ii di:tyof fw pence per ton WHEREAS by an A^ of the General AJfcmbly of this province, entitled. An Ad for ercdling a Light-Houfe at the entrance of the harbour of Halifax, made and paffldat their Sc/Jion begun and haHen at Huliftix, the fccond day ofOilober, 1758, thefum of One Thoufand Pounds out of PreirabI* the monies thsh in *he treafury if the province, colli, fud from the duties on fpirituous liquors, was ap- propriated for tlie creeling a Light-hoifc on the ifland commonly called and known by the name c/'Sambro Outer Iflard, at the entrance of the harbour of Halifax \ and it vjas enadcd, thai until fuch IJglji- Houfe fnould be creded, the comntijftoners appointed for carrying the faid Ail into execution fluould caufe a beacon and light to be placed on tbe faid IJlandfor the benefit ofveffeU covnng into the faid harbour : Be it enaSlcd by his Excellency the Governor, Council, and Affimbly, ind by the authority of tie fame it is hereby enaded. That from and after the fjrft day of September next, there fliall be paid by the mafl;er of every merchant veflel coming into or going out of the harbour of Halifax, at her going out of tlic faid harbour, (other than coallers andfifliing vefl<.'ls, and fuch tranf- port or other vefi'els employed in His Majefty's fervicc, as fliall, by their charter party, be ex- empted from paying port charges) a duty of fix pence per ton currency, for fo many tons as fliall appear to the fitisfadion of the receiver, or by the oath of the mailer, (which oath the faid receiver, is hereby authorifed to adminiftcr) to be the real burthen tiiereof. II. ProwV/ijJ, That all Ihips or veflcls wholly belonging to any perfon, that is a freeholder Vt/Ttlshdoneing and inhabitant in this province, fluiU only pay four-pence per ton : the faid du.y to be paid '"f'^p*^^"'.'^';', '" before clearing the faid vcffel, to fuch perfon orperfons as fliall hereafter be appointed b)' hi^ pay oidv fju'r Excellency the Governor for that purpofe ; who are hereby authorifed to dcm \nd and re- P'°" '"'' '^* ceivc the fame, and upon refufal of payment, to fuc for and recover the faiddui^y before two of His Majefty's Juilices of the Peace, or m cafe the fum fliall not exceed forty fliiilings, before one juftice. III. And be it further enaded, T\x3X no vcfil-l fliall be deemed a fifliing vcfTcl, within I lie Wliit vfff !? i-e meaning of this Aft, excepting fuch as fluU be wholly employed in that bufincfs, nor fliall '^'''^<^^^-'i-^ any veflel be deemed a coafter, e.vccpting fuch as fliall be whollyemployed within the province. IV. And bv it hereby further enaded, That every coalling veficl fliidl pay, in lieu of the laid du- ty, at the rate of twenty tiiiUings per annum, and no more, to be received arid recovered in mannerasaforcfaid. V. And be it further enaded. That all monies ariling by the aforefaid duty, fliall be paid into the treafury of the province, and be applied towards the fuoport of the laid Liglit-Huuie ; to be illuod for liic faid purpofe, by warrant under the hand and feal of tlie Govc-rnor or Conmiander hi Chief for the time being of the Province ; and in cafe there be nu)rc numica raii;.d than is neceflliry for the fupport of the faid Ligiu-Ht)ufe, the furplulage to be applied to the ufcs of the Government. co-JircM f.i nay :i'. tin- r.itt.- i>t" ijs. pel rt;iuura. \trxt...i.o avi npr by thcv''.:tytobe J''; II- ■• t •' \vi !;.',v^rrt of i'-3 light houle tv; t'r. 'a'.'ts ol'l ^ovun.'nuiit lui :he cu\ 44 c. iir. .f''. I i If Fo' tlie Arts in a.U'.tion to this A^i. fee note on tiie.ttil. Uco.id. cap. a. Jieamble Anno triccnmo tertio Georcii If*. CAP. III. '759 An ACT for the quieting of PofTcflions to the Proteftant Grantees of the Lands formerly occcupicd by the French Inhabitants, and for preventing vexatious Actions relating to the fame. WIIERF.AS this Province of Nova Scotia or Acadic, and the property thereof, did al. ways of right bclcng to the Crown of England, both by priority of difcovery and ancient pofleflion, and that no grant of property to any of the hinds or territories belonging thereto, is of any validity, or can give the poflcflbr thereof any legal right or title to any part thereof, unlefs derived from thence ; And Whereas by atreaty of peace concluded at Utrecht, in the year of our Lordone thou, fund ievcn hundred and thirteen, between Her Moft Sacred Majefty Anne, of Glorious Me- mory, Queen of Great-Britain, &g. And His Moft ChrilHan Majcft)', it was concluded and agreed on, that all Nova-Scotia, or Acadie, with its ancient boundaries, and all other things in ihofe parts which depend on the faid lands, together with the dominion, property, and pofielTion of the faid lands and places, and all right whatfoever by treaties or any other way attained, which the Moft Chrirtian King, the Crown of France, or any other the fubjefts thcieof, had to the lands and places, and to the inhabitants of the fame, are yielded and made over to the Queen oi Great-Britain, and to her Crown for ever : And Whereas at the time of that celTion, many of the French King's fubjc(fVs didredde and dwell within this His Majcfty's province of Nova-S:otia, and did not remove from the liuue, within the fpace of twelve months, according to the limitation of that treaty, whereby they, and their pofterity became fubjefts of the Crown of Great-Britain in every refpeft; not- v.ithftuntling which, contrary to theiv allegiance, they began from that time, and continued at all times to aid, aflirt, and fupporl, and join with His Majefty's enemies ; and although Hi* Majelly, notwlthftanding their mani feft treafons and rebellion, in order to extend his indul- gence towards them, and if pofllble to reclaim and reduce them to his obedience^ was moft CT.icioufly p^eafcd, by his royal inftrudions to the Governors of this Province, to declare that the fuid French inliabitants (hould have the peaceable pofleffion of fuch lands as were under their cultivation ; Provided, Thai they the faid inhabitants ihould within three months from fuch time as {hould be thought proper by the Governor, take thcoath of allegiance appointed to be tukcn by the laws of Great, Britain, and likcwifc behave thcmfclvesas became good fubjecVs ; And althougli fevcral proclamations hati hitherto been ifliiedby His Majcfty's Go- vernors of this province, requiring their oath of allegiance, yet (b far were they fnnn obey- ing the ilime, that by a general deputation cf their principal men, before His Majcfty's Go- vernor and Council, they abfolutcly refufed lo take the iiiid oatlisfo rc^juired of them, but on the contrary did ftill continue to aid, afllft, and join withHis Majcfty's tnemics, and five hun- dred of them were f('und in arms, within the fort of Bcaufejour, when the fame was fur- rcndcrcd, and maiiy of them, in company with the Indian Savages, did frequently commit many horrid and barbaroua murders on His Maiefty's proteftant liege fubjefts, who were en- deavouring to fettle themfclvesonthe lands within this Province, whereby the progrefs of ihe fettlemcnt of this Province, with His IVlajcfty's protefta,nt fubjeds, was retarded, and the Crt.wn put to ,^.n oxccifive great expcnce, to defend and protect them ; and alfo I)y fuch ih 'ir treacherous practL.e'i, lii^ Majcfty's moft gracicus dcfigns, as well towards them, as alfo to- wards hli (liid protcl^.ant fubjccts, were fruftratcd; and had they not been timely removed by the prudence and \igllancy of His Excellency the prcfcnt (iovcrnor, from tlte faid lands and tcr.itorle),. Ir.to otl'er His Majeily's dominions, this inv.iliable Province durirg the couife of ^iiis war, muil incvlubly have t'allca iuta Uic-liauJa of Ui* Majcfty's cueuiics llic French ; '759 Anno tricefimo tcrtio Georgii II. C. iv—vir. 45 nt Grantees bitants, and e. r Lord one thou- >f Glorious Mc- : was concluded es, and all other inion, property, r any other way her the fubjcfts are yielded and ^ ibjcfts did refide :movc from the Tcaty, whereby ery refpeft; not- and continued id although His xtend his indul- icnce^was moft ', to declare that s as were under ce months from iancc appointed became good is Majcfty's Go- hcy from obey- is Majefty's Go- of them, but on s, and five hun- I'ame was fur- ^.uently commit s, ■uho \»ere en- progrefs of ihc jrded, and tlic fo I)y fuch vh'ir lem, as alfo to- cly removed by : faid lands and g the couifv; of the I'rench ; Akd Whereas fmce the removal of the faid French inhabitants, His Excellency the Go- vernor, in order to make an efleftual fettlcment in tliis Province, and to ftrengtheu" the fame, lias been plcafed to make grants of to wnlhips to many fubftantial and induftrious farmefs, protcflants, His Majcfty's fubjeifls of the neighbor ring colonics, in which townlhips arc con- tained, fome of the lands formerly occupied by the faid French inhabitants ; and as many other fubftantial and induftrious farmers, proleftants, arc daily applying for grants of townfliips, wherein fuch lands will be comprehended : And as fome doubts have arifen among the faid perfons intending to fettle the laid lands, co:.cerning the title of the faid French inhabitants to any of the faid lands, that may fall within their townfliips : And although the laid French inhabitants have not, nor ever had any legal right or title to the faid lands, derived from the Crown of Great-Britain, yet, in order to rcn.ivc fuch doubts, and to prevent any troublefomc or vexatious fuits of law that may hereafter be brought for the maintenance of any fuch right or pretended right to any of the lands within this Province, formerly pofleffed or occupied by the faid French inhabitants, Beit enabled by His Excellency the Governor, Council and AJfcin- bly, and by the suthority of the fume it it hereby enafled. That no action flaall be retained in any of His Majefty's Courts of "Record in this Province, for the recovery of any of the lands, within the fame, by virtue of any former right, title, claim, intereft, or poflefTion of any of the former French inhabitants, or by virtue of any right, title, claim, or intereft, holden un- der or derived from them, by grant, deed, will, or in any other mannei whatfocvcr. 11. And be it further ena^cd. That when any action ftiall be brought for the recovery of tny lands within this Province, and it fliall appear upon evidence, that the grounds of fuch a(^ion is founded upon ;vny fuch right, title or pofleflion of the faid French inhabitants, or de- rived from them as aforefaid, that then this Act may be pleaded in bar to all fuch aclions : And all His Majefty's Judges and Juftircs of the faid Courts, arc hereby required and enjoined, upon fuch plea and pro(rf thereof, to dtfmifs fuch action, and award cofta for the defendants. Ni aflion to lifl ictiiincd in .aiy C'oii«t, fi)r any l.iiiiiL !)y virl.ifof any light of the i(n ipcr I'rcnc.i inSkbitarits Such acliima tnr be tlifiuillti.!, u|)- on flue pro^i tlicreut' CAP. IV. An ACT for the relief of the Poor In the To^vn of Halifax. Tliis A(t h« CAP. V. An ACT for regulating Petit Juries, and declaring the qualification ^^'/^Jf^f* of Jurors. }d.c.ip. ad. ■ ■ ■ ■ ' - ■ ■• " CAP. VI. An ACT for allowing a drawback of part of the Import: Duties on Expire* Wines, Beer, Rum, and other diftillcd Spirituous Liquors, on their being exported out of this province. C \\\ VII. Refohition of his Excellency the Governor, Council and Houfe ofcxpirii /iiicmbly,in General A ill mbly, in explanation of the Impoll i^Ci. 1 ,1 ■ r I iiB. I !!■ r --r - _L . -^j_ i i ■ - in i 4<5 C.I. Anno trlccfimo tertio R .gU Gbo.«oii. It. ^750* ']i /I . At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the fourth day of December, 1759, and in the thirty ihiid ye?r of iLe reign of Our Sovereign Lord GEORGE the Second, of Great-Britain, France, and Ireland, KING, Defender of the Faith, &c. being the firft Seflion of the fecond General Aflembly convened in the faid Province* •puMicjcnminRa c;m.'.S:c. ard.ill lotti.-'esand p.ih- 1 H..',vk. P. C. loS. Alin(iuj,*c. for muncy, &i.. ^vL•n tv g.iir'.ug,iube vui I E:ig. ftat. 9. An. c. 14. ice. t. ♦ rhit AfTfnibly wa« diflblvcd on the death of the lute King, after having fa: twogefi-jiw, in the time of Charl.-i r.»w. nee, Govrinor, Junatian lickner, Chiei Juflii.c, Wiliiuia N'.fbilt, Si)e,iki,r, Joliii Uuport, Scc.eury af Cuuiicil, l£uc dch.impi, C'tilkiit'Aikmbiy. ren D CAP. I. An ACT to J rev<^,nt Gaming. BE it ena^edhy his Excellency the Governor, Council, and Ajfcmblj, and by the authority ofthefumt it is hereby enailed. That from and af*:i;r the publication hereof, all public ganiiiig at carUs, (lice, tennis, bowls, or any other gan'.cs whatlbcver, and all lotteries, and public ga- ming taulcs, dial' be deemed and adjudged to be nuif'anccs ; and all notes, bilU, bonds, judgments, mortgage?, or oilier fecuritics or conveyances whatfoevcr, given, granted, drawn, or entered into, or executed, by any perfons whatfoevcr, where tlic whole or any part of the corfideration offuch conveyances or fecurities fliall be for any money, or other valuable thing whatfoevcr, won by gaming or playing at carda, dice, tables, tennis, bowls, or other game or games whatfovcr, or by betting on the fides or hands of fuch as do game at any of the games aforefaid, («), or for the rciinburfing or repaying any money knowingly lent or advanccu for fuch gaming or betting as aforefaid, or lent and advaaccd (h) at the time and place offuch play, to any pexfon or perfons fo gaming or betting as aforefaid, or to any other perfon or perfons in truttfor, o. to the u'c of them fo gaming or betting, or tlui. Ihall, du- ring fuch play, fo game or bet, fliaillc uuerly void, frullratc, and of none cfi'ccf, to all in- tcr'^s and purpofcs v hatfoever : And tl-..it where fuch mortgages, fecuritics, or other con- veyances, fliall be of lands, tcr.emcnis, or hereditaments, or fnall be fuch as incumber or afTcct the fame, fuch mortgage:), fi-xuriilcs, or other conveyances, fliall enure and be to and for the folc ufe and benefit of, and (halldcvol 'cupon fuch perfon or perfons, as fliould or Plight have, or be cr.titledto fji h lands, tenements, or hereditaments, in cafe the faid grantor .or grantors there(if, or the perfon. )r perfonsfo incumbering the fame, hadbeennaLcrallydc.'., and as if fuch mortgages, fifcuiiiies, or other conveyances, had beenn'.vde to fuch pcifoni*"* perfons fo to be cniitled aCtei tlic dcceafc of the perfon or perfons fo incumbering the fame ; andlli^.t "jl grants or conveyances, to be m,\de icr the preventing fuch lauds or tciiOTneiU:i or hcrediiamentj (..'/ I. S.ilk. i44>InircvTerfi:» ticnh, inHPr^e rcrfusSi. Ive,jfr, and i Sa'k. 34 ». Annri'mvii. ih) % S.u. II?;, ni,\vver vciIls Du npton. Innocent triiiuflte of :i noK- for r.icnry k^(.v't }.,ly1en' t" pant villi, can maintkir no zSvin aj;t nft tlic ti ■ ' ' er. a. Str.. it+i;. A parol icAn of money 10 jlone a- nung u'.iL ■,i(i|je re^lo^ed ,is j u'j- lic riiiiUu..c;^,JiC. c.ii-in. II [Wii « ^ 'U= Anno tricenmo tertio Georcii II, CAP. IT. *7S^ Jig. ftat. »i. ico. 1. c. 46< Ci!,u.iKi-rs nwy nMkc Ibloinri if- . tirinationi.ifttad , of liking iUi • Perfonj fiilfclv artirmiim to fiif- ll-r as if guilty . of perjury .Criminal caufcs . excepted I Quakers to af- firm tlut liiive ■ been fo fur uae Vear. To be de'-med Jl fulilic »;fc. r.Tinible An ACT for permitting Perfons of the Profcflion of the People cal- led Quakers, to make an Affirmation inftcad of taking an Oath. BE // enabled hy bis Excellency the Governor, Council and Ajfcmbly, and by the authority of thi fame it is hereby eniicled,Th:it every pcrlon of the profcflion of llie people called (^u*'^'^'''* who Ihall be required upon any Liwful occafion to take an oath, (hall inllead of an oath in the ui'ual form, be pcrnuttcd to make his or her foleiiiii detlaratiou or ailirmation in thcfe words, to wit. '" I A. B. dofciemn!y,fin(ercly, and truly dcctart and affirm :** Which folomn afllrniatlon fliall be adjudged and taken to be of the Cime force andciTcft, in all places where by law an oath Hull be required, as if luch Quaker had taken an oath in the ufu;J form. II. And be it further enabled. Tint c\'cry perfon wlio fliall have made fuch folcmn alTnina- tion, and fliall be cnnvlclcil of wilfully, fulfcly, and corruptly, having alllrnied anything, which if the fame had been fworn iu the ufual form, would have amounted to wilful and corrupt perjury, (hall incur the fame penalties ay j)crlbns convidcd of wilful and corrupt per- jury. III. Provided, That no Quaker or reputed Ouakc fliall, by virtue of this a(5l, be admitted to give evidence in any criminal caufcr. (a)., by fuch fv)lemn declaration or aiErmation as is here- by directed (bj. IV. Provided, That no perfons fliall be deemed Quakers within the intention of this acl, un- lefs they fliall aflirm in the form before dircclcd, that they arc of the profcflion of the people called Quakers, and have been fo for one year then latt part. V. And be it further enculcd, That tliis acl fliall be deemed to be a public act, and be judi- , ciaily taken notice of as fuch. (ti) By Eiig il-at. tt. Geo. i. c. 4'j. f-C. j7, Qiuikcri arc alfo dlfiHialificd from ferving by any afTirmatlon, &c, on Jurios, or bearing any pLice of profit from ilic Hcivcrnnif nt^ (/') Attachment, for nofi pcrforniiinct; ui'.iwanl cannot be Krovmdcii on afTirmatlon of C^akcr«, iStra. 441. Nor articles of peace, t. Stra. 517. N'T appeal of murder, thouj'.h as hct-«een panv avd partv it n a ci«il fuit. i. Stra, Sj5. Nor information for a mifilememior, 2 Sfa. 8-i. "'irm.ition of kivie^ of arule toflitw caui'cbya Quaker, ia a criminal piofe- cution, was held fuHiccnt to make the ruL' aitiuiutc. i. Stra. 1119. CAP. II'. /.n ACT in addition to an A 61, entitled, An A<51 for .he eftablifh- mcnt of Religious Public Woriliip in this Province, and for fup- prefTmg of Popery. WliERRAS althcii^h in and by ihefiid Ael it is cnaeicd, that the ficred rites and ceremonies of Divine IVorJJ.'ij), accordir.^ to the Liturgy of the Church ejlabltjhed by the Lav>:s of England, fl.Hih be deemed thcfiy.cd Form ofWorfiipamon^'i us, and ihe place wherein fieb Liturgy fjall be ffed, Jha.'l !>■: rrfpeded an I Inouon by the name of the Church of England as by Law cflahUjhed ; and ahl)ou'^h ■a Church is alicady built, and pnblie Kvorfyp fcrfurmed therein, yet no provifan is made in the f aid All for ih: choice of Pur ijh OJicsrs, or to empureh ; Be it ih^ifo.x ciiuded bj his EMuiiency tin Civernora <7S9 ; People cal- T an Oath. authority of thi called Quakers I of . Ill oath in mation in thefc force anclciTc^, akcn an oath in folcmn affirma- •nicJ any tiling, tl to wilful and and corrupt pcr- % be admitted to ination as is here- in of this acl, un- ion of the people % and be judi- nwtlon, See, on Juries, 1.441. Nor Hrticlcs ». Stra. 8 j 6. Nor , ia a criminal prul'c- ^IS'i Annotricerimo tertio Georoii IT. c. in. 4D ic eftablifh- and for Tup- an:l ccrervonks r/ :;--,vs of Kn^liPiJf HI ■^yf jail bv I faff hcd ; aw! alSbou'^h s tiMilc in thfjuid the fiiid Church crccficr (ip^ninh\i is EMtJicncy iiJt Civcrnor^ i\ (i* h:.d ^11 the 1 ni!3 in thj to ' .iiliip ot vi«- liUA. w'lo (hJI hart thr liinn' powcil tl .0 Engluid. Cctvrwr, Council end Affimblj, and by the authority cf the fame it is hereby tnoFlcd^ lliat th: parifli of the church commonly called and known by the name of St. Paul's Church, fliall extend and comprehend all the lands lying and bcirg in thctownfliipof ILilifax i-,, I m r. riipre- htrrcaficr to be known and c;.llcd by the name of the Parilh of Saint Paul's, for and durirf, fuch time as the laid townfliip fliall confift of one parifh only, and that the church wardens inul paiiflioneri of faid parifli, arc hereby impovered to ncctas focn as convenient niay l:e, 1 oticc being firft given of fuch meeting, and the place tlicreof, by the Rector of faid pariili, and fluiU then and there chufe twelve ofticcrs of the faid pariflioners for veflry men, in which vcftry •fliall be included, the niiniflers belonging to the faid church, and ofiiciating therein ; and the chirch n'»rd«ni faid church wardens and veftry fliall have ard exercife all fuch powers and authorities, for ihc «'"^ p-'i'i' "i|«r» benefit of the faid church, as are ufually e.tcrcil'ed by cliurch w.irdcns and vcllrlcs in the parilh «eiUy men, cimrches in England, (a J and fliall, to all intents and purpofes, be, and are hereby empow- ered, as a body politic incorporate, tofue and be fued, (b) and to a(k, demand, and fue for the rents due for the pews of faid church, for the benefit of the niinifters and repairs thereof, and to take and receive all gifts, grants, cither of lands or money, to and for the ufc of the faid parifli church, and to improve the fame for the benefit and advantage thereof, according to their beft difcreiion, and the true intent and meaning of the donors : and the faid meeting church wnrrffni of the parifliioners for the choice of vcfiry-men, fliall hereafter be annually, on Michachnas »nil\cftMrHcn day, on which day fliall alfo be chofcn, annually, the church wardens for the faid church, by Mith^cImM day the faid parifliioncrs. (f) aniiually. II. Arid ht it further enafleJ, That if any of the faid parifliloners, who fliall be regularly cho- fen into the offices aforefaid, do rcfule to ferve in the lame, he, or they, fliall Airftlt the fum of five pounds, to be recovered by bill, plaint, or information, in any of his Majcfly's Couits of record ; which forfeiture fliall be to ar.d for the ufe of the faid parifli church, (dj III. And be it further ena6lcd. That the faid parifliioners may, by a vote of the majority at their annual meeting then prcfent, grant fuch funis of money towards the fupport and r.'.ain- tenance of their miniltcr or minifl.crs, or for the repairs of the faid church, a» they may think neceflary ; which faid vite fliall be binding on all the parifiiioncrs belonging to the faid i hurch, and others dwelling in the faid parilh, not exempted by law from paying tow :nds the fup- port of the church of England ; which fum or funis of money fo voted, flri!! be ail'dled in juft, and equal proportions on every parilhionor, according to their fevcral abilities. IV. And be it further enatled. That for the greater cafe of the parifliioncrs, in paying in fuch funis fo granted, that for every yearly grant for the fupport of thcminillry, it iliall be affef- fed by the church wardens and veftry in two equal afrcflhients, one half to be paid in the firft fix months, and the other half in the laft fix month?. V. And be it alfo enabled. That the fiid church wardens fliall, and they arc hereby impowcr- ed to collecl and receive fuch rates and taxes PcrT ns rffi.fipg to iervc I'urtLU Pa'n.irrfrsm«y at (Ikm a^umA nitfl ng niaot nior.ty for the fi:;->!v rt (>f tt.cir ri.Uiillc's.&c. to be paiil cvct/ hiiif yeur. Cliwrch wjrcicm th« , and if any peifon thus rated or taxed, fliall t'' toll.. a rot (^y Wlien nift, the ni»)orpat prcTcnt will bird the whole P;u!/h. VVntrcn's c'crpvir.m's law, c. -9. Right ofaH- juui-aing vcfl'-y is in thi; wlicilr ^tfTcnblv, 1. Stra. 104?. By cu('(('t in Kngland, f|'tii ,1 vcjlrics nuv r.!,ik^ rates, t.ike tlie accounts (ifcluivch wai.lfns, &c. tint when r.itcs are m;u!e, the psiifhicncrs muft h.vf notirc or thf vti'^v to be hcki tor tli.it putpofc, ulien ail that aic aljeni II all be cinclidtil t,^ .. najoiitv cl ihofc piclint. ^\■ood's inO. C"ni. L. 90. It p,i. rilhiioner ha.ing rif-.ht to be piclciit, and vote in llie vdhy, 'be ll.it out of thettfliy room.ailion on ihe cale lits, Mod. cafct in 1.. & F']. 51. •tt4. i. Stia. C,24. (A) Clif.rch \\ar«!wis aie a corporaiitn to fuefor dniich pnods, and to pnrch.ife ponds, for t'e life nf the pan'h, but not accipotatiimto piir,:liaiL- luiids, or tn take by «raiU. Gibs. Cod. Jar. E»cl. 115. Clmrch waidens cannot dilpoii; of (joodi with'mt conf.-nt iif tlie parilh. M'arlon's ck-rj;. L. c. .-,1). 1. Unli's A'lr yik. i 6. i rui. 6iq. ■H 1. 5<» c. IV.— vr. Anno tnccAmo tertio Gboroii II. »759 Per fori over ra-c er Eallcr, yearly, ribcd by, at Icaft, : or agreed on to vcti ot them, at d, notconform- bc fubjcft to the loni to the con- n of Hali- lat purpofe. ;ld in Com- iting to the • Weights ear of His authority of tht \o provUion or article of hay) pcrfons of- ijcfty's Jufticcs ■^r he Market are cU of brafis as of ItcTcr in three nio.i...t .lai lo »(l.iv inc. of Other metals, and alfo the fteelyardi ufed for weighing hay, once in every three months, or oftner as they ihaR fee caufc } nut only thofe ufed by the inhabitant!*, felling publicly by M-eights and meafures, butalfu thofc ufed on board any fbips or vefll-ls lying at any wharves, or at anchor in any harbour, or by any perfon or pcrfons felling as aforcfaid within the pro- vince, and the fame to alTay and (lamp, and difpofe of as in faid Afl is dire^ed, and under the fame penalties : and all madcrs of (hips or veflcls refuflng admittance to the laid Clerks of the Market, (hall be liable to the fame penalties as any inhabitant, in manner and form ai ftimi' the d prcfcribed by faid A^, and to be recovered in the fame manner. III. ^nJ it is alfo, further enailed/Yhit all fines and forfeitures incurred by this, or the former Three fourtiuof recited Aft, fhallbe applied, three fourths to the Clerk of the Market, and the other fourth rincitoOicCie.k. /• 1 1 1 «• « 1. . . . or the nuikct, to the poor of the town where the oftence (hall be committed. one fuwUi to iJx puur. CAP. VII. An ACT to prevent the importing difabled, infirm, and other ufe- RcpeAdby hit lefs perfons into this Province. Ji!^' ywcun. CAP. VIII. An ACT to prevent diforderly riding Horfes, and driving Carts, Trucks, and Sleds, Slays or any other Carriage whatfoever, with- in the Town of Halifax, or any other Town within the Province. IN order to prevent tie inconveniences and mifchiefs -whieb might arife from tht negligent and dt/or- derly ridifig horfci and driving carts, trucks, andjledsfor carriage of burthen, cr any ether car' rii.'ge uhatfoever, within the town (f Halifax, pr any ether town within the Province ; Beit ena^sdby His Excellency the Governor, Council and Affcmbly, and hy the authority of the fame it is hereby enaii- td. That from and after the publication hereof, no perfon or pcrfons fhall, on any pretence whatever, gallop or riiic at full fpecd on horfcback, or having the charge of driving any horfe or horfes, in any cart, truck, or fled, fhall ride upon fuch horfe or horfes, or remain pkced in or ujion any part of fuch cart, truck or fled, within any of the Urccts or highways of the faid town or towns, and that no fuch driver or drivers fhall omit, during fuch time, to lead the fluft or thill horfe by an halter, not exceeding four feet in length, or Ihall drive any fuch horfe or horfes fafter than a foot pace, upon penalty of ten (hillings for every fuch of- fence, to be paid upon conviction by the tcdiinony of one credible witncfs, before any one of His Majcfty's Juftices of the Peace, within twenty-four hours after fuch offence conmiitted ; andinc;il'e of any fuch oflcndcr's refufiil to pay the fame, faid oflcndcr Ihall be put to labour for the fpa'.e of four days in rcpairinpj the faid highways, under the diredlon of the Surveyor or Surveyors of highways, or any of them ; and in cafe of refufal or neglccfl to perform fuch labour, it Ihall and may be lawful fur any jiiiUce of the Peace, upon complaint of the (iiid Surveyor or Surveyors, or any of tlicm, to caufo fuch offender to be committed to the Imufc of correction, wLf he Ihall furlhviuU receive ten ftripes in the ufual manner of cor- recting offenders at the faid houfe, aiiu thereupon be difchargcd. II. And be it further ena^cd. That every t)wner or pniprietor of any flcJ or flay, ufed either PiCitnibla No perfon forMe at full Tpeed oa hoHcLack, &:c. ia any uwa on penalty of ics. or four days?abour ia thchighwayi, on refuf ! i-, be wliii>pcd ten flripes for carriage of goods or perfors, fiia'.i cauic- at Icaft fix horfe bells to be ailixed to the horfe har- ( nefs of the faid fled or flay, and (hn'l not drive the fame, or any other c irriage whatfoever, in X diforderly manner, upon penalty cf tv.tiuy fliillingj fur every omiillon or oileiico, upon Owner- of fledi or fli.ys to fix ix Iion'c telii omli- !!',irleiiL.r- ni:;s, iikC. con'.ic>ioi: on penalty of 5» c. ix-xr. Anno triceiimo t<^rtio Geokgii IL >759 Fines to be ap- liliLil lo r('p,ui' kii^hways. convliflion, on the oath of one credible witnefs, before any one of His Majcfty's Jufticcs of the Peace, within twenty four hours after lach offence committed ; and in cafe of rcfufal or nq;lcii f ',.'> This Aei IS Te- ^cjIcJ by j6th oco.id. «.v y\ni ACT, in addition to an Aft, entitled, An Adl for regulating Petit Juries, and declaring the qualification of Jurors. For the A. Is in ainctiiinv.M.t n/ this Ai'i, or oj- (iltiun thiTi'K), f'.e note on lad. Geo. id. cap. 5 When ^ny chu ch, .. >-. flviU be litic.iti'.T e- re(ftei.l, the Go Vtin r.anfiCuun- C'\ to I>ltlC it)!! »r ■ li-:..ts tl liic panfh •In (h.it min- tiiuiclies ar(> loi.r.Jcil. Vkic .!>:'. Burn's ccel> L.iw. i. ^o!. I (1. J3p. Gibiiii's" Cod. lur. LjcI. A.ig.Tit. .,. Church wartlens Sec. 1(1 bv cl'.iilcii annuit'iiy.iu man- tier ijri,i':)i'jcd for l!iv P.nlh of St I',iul 3 ill lU- lif.tx. 3i. Geo. i.e. i. CAP. X. An ACT for the better and more efFeftual cftablifliment of the Church of England in this Province. BE it cnaHcJ by His Excellency the Governor ^ Council; and AJfcmbly., and by the authority tf the ) j'lnic it is hereby en^^ed, TJiat hereafter when any Church, CI apel, or place of worlliip Hull be crcJl.: J in any part of this {.rovinct:, for tlic celebration of divine fcrvice, according to- th ; ?itrs and ceremonies of the Church oFEnghnd, it fhall and may be lawful for hisKxcel- Icncy the Govcrntir or Comn.andcr in Chief, with the advice andconfent of His Majefty's Ciuir.jil. to prcfcribe liTD'ts and allot a certain diftrici, which fhall be the parilh of the Church fo crecT:ed * ; and it fliall and may be kwful for the inhabitants or perfons refiding within the faid dilhifl, to meet for the choice of church wardens, veftry, and parilh offi- cers, which choice fhall be macie year'. and at the fame time and manner as is prcfcribed already for the p.irifli of St. Paul's in Halifix ; and all m« etings, a£li aiul proceedings of the pariihioners, church wardens, veftry, and parifh ollicers >f faid parifi lo c'-ecVed, inbehalf of the (aid church and pariih, fliall be according to the rules and' regulations let forth for St. Paul's Cliurch in Halifax, in an Aft entitled. An Aft in addition to an Ac't for the eflabliflimcnt of religious public worfliip in this province, and for fupprcf- fiig popery. An ' the Caidclmrch wardens and veltry are hereby impowercd to aft in the fame manner, in all cafes, as is prefcribed in faid ACi. The powc'S and au'hp'ities of church wardens, jointly wihovcifeers of the poor, M it rcfpecli poor, are otherwife provi- for, tht:rcfo;e thclcccnd fedion ofthis Ai\ is nut icprinted. VrcamLU. CAP. XI. An ACT, for regulating the Ratea and Price of Carriages. WllERE^y'tht rates athi prirc dctitandcd by thi owners of trucks, carts, and other carrlaj^et oj goods, luarcs and merchiindize, arc very exorbitant and cxajjive, and burthcnfome to trade', ons to regiliie In order, ihenifsrc, to remedy the funic, he ii enaif d by H. ExccUcnrj the Coverncr, Council, and fi'ag* ot'^wJod Affc:)ibly,end by the authority of the fmc it is hereby cnaCtcd, Ihat the Juftices in theii General fcc. iji'la'iu.- SefHons of the Peace, held for the county of Halifax, ^\/i^\ twice every year, in the month of Mar>;hanJ in the montli of Scptcmbw-r, regulate tuc fares .".nd rates for the carriage of wood !:: I' >759 ly's Ju dices of :afe of rcfufal or Icr, by warrant of the Survey- ; repairing and' r regulating urors. ent of the '759 Anno tricefimo tertio Georoii II. C. XII--XIV. n wood, barrels, hogflieads, and other wares and merchandize in the town of Halifax and its fuburbs, confideraiion being had to the price of hay, provender for the cattle, and price of day labourers ; and Ihall caufe a table of the fevcral rates agreed upon by them at their feflzons to be printed and poftcd up in the moft public places in and about the town of Halifax. II. And bcit further enahed^ That if any carman or owner of trucks or carts, or any other carriage, fhall alk, demand or receive, from any perfon, any other or greater rates or fare, than is allowed and prcfcribcd by the table aforefaid, he or they fliall forfeit and pay the fum of twenty fliillings, to be recovered on the oath of the profccutor, before any one of his Ma- jefty's Juftices of the peace for the county of Halifax, and to be levied by warrant of diftrefs : one half to be paid to the profccutor, the other half to be applied to ami for the mending of the ftrccts of Halifax. III. And be it alfo further em^ed. That the Juftices of the Peace at the Quarter Scflions, held in and for the fcveral counties witMn the province, are alfo impowcrcd and hereby required every year, in the moinths of March and September, to regulate the fares and rates of car- riages for the fevcral towns in each of the faid counties, in like manner and with the fame penalties, and to be recovered as is directed by the preceding claufes of this Acl ; one half of the fines and forfeitures to be paid to the profccutor, and the other half applied to and for mending and repairing the ftrcets of the town where fuch oficncc fliall be committed. mandinj; any greater liiet for- i'cit ags. Juftices in fefll. ons in other Civilities, to re« gjlate the :ate» of C.I- ri ages for eikcli luwu f faid ) the rules and' lift in addition rid for fupprcf- to afl in the ire ctherwife prori- iTiages. other carrlaytt '^ icnfcmc to trade : M r, Council^ and w thcii General ■\:i. in the month )dt he carriage of wood 1 1 CAP. XIL An ACT, in addition to an Ad:, entitled, An A£l for tlie relief of Executed, the Poor in the Town of Halifax, made and paflcd in the 33d Year of His Majefty's Reign, CAP. XIII. An ACT, to prevent any private Trade or Commerce with the In- NMjcaSinJoaa*. dians. cit CAP. XIV. All ACT, in addition to an A 61, entitled. An A<51, for preventing Trefpafles.. WHEREAS by an A 8 made and pa /fed in the thiftyfec»ndyear of his Mnj-fi/s rei^n, tr.ii'.lcd. An Act for preventing trefpaflls, // was erafled, " That it JIkuIJ be la-ufu! to impound any ♦' fwinc going at large, within thejirccti, lanes, crfiburbi of the tcicn of llalfax ;" And whereas no provifton ivas therein made for inclofing ground for a pound ; Be it therefore enaded by his Excel' Jtmy the Governor, Ccincil and AJfcml>iy,aiul by the authority cf the fame it is hereby f/W(7fui', That a pound fhall be forthwith made of forty feet fijuare, at the public cxpcncc ; and that the virand Jury of ihe bupren.c Court, to le held in i\pril next., ll.ill appoint a keeper of the fame. U. And be it further ena^ed by the authority afcref lid. That if any damage fliall be done by breaking any inclofurcs, and dcilroying any of the produce thereof, by any horfos, fiicep, goal:^,.fwinc, or neat cattle, it fliall and may be lawful for the pciibn or j^crlbns whofe fence or fcuccti For the A(fls iD ii-'!,)-li.,n to or a- r- -.linti.t otihii A..i, tec mm ua jiid. ('.10. id. Cap. I.J. Pieanible A piurd to h« iii.ulc tjity ttct Ivjuar.:, .i.,:d • >>>.i.pci 4;.po.nt- Ttcfi),i{S!g cat. ti to 0-. .;;i- p-.l-iiiiti 54 C. XIV. Anno triccfimo tcrtio Georgi i II. »759 U ;! Owners of f.ich 84'tlei'eturiiif< to V>av thcduniagei &c. il»t [\me to l»e Iblil for ttie ^Ayiucnt tbcicvt' rerfons rercuing iuclicstilcit'otcit ■OS. tiericics tlic «(«m.>pc done by arj fur erery lo tVie ufi of the poor |ufti-ei in fff- li«nsto nia'c> ic- fubiiont in o- f):,T countie?. fences fliall h.lve been fo broken, and whofe indofurcs fliaU have received fuch damage, to caiife the faid horfex, iheep, goats, fwine, or neat cattle, to be impounded until the owner or owners of fnch trefpafling cattle iliall claim the fame, and the keeper of the pound ihall caufe the fame to he cried as foon as may be, in order that tlie perfun or perfons injured may pro- ceed againft the faid owner or owners of f«ch horfcs, flieep, goats, fwine, or neat cattle, refufing to pay the damages done by their faid horfes, iheep, goats, fwine, or neat cattle as h directed in the firft claufe of the Aft entitled, " An Aft for preventing trefpaflci," and the owner or owners of fuch horfcs, (hccp, g^ats, fwine, or neat cattle, fliall pay to the keep<:r of the pound, over and above the damages which fliall be adjudged to have been done by the faid horfcs, flieep, goats, fwine, or neat cattle, for the fupport of the fame, for each and every day the fame fliall be impounded, one fliilling for every horfe, and head of neat cattle, ai-.d fix pence for every fliecp, goat or fwine. And if the owner of fuch horfes, flieep, goats, or fwine, or neat cattle, (hall refiife to pay ihc fame to the keeper of the pound, together with the charge of crying the fame, within fourteen days after the fame fliall be impounded, the faid horfe or horfes, neat cattle, flieep, goats, or fwine, fliall be publickly fold, and the money ari- fing from faid file, after dcdufting therefrom the pay of the keeper for u^pporting them, and thr, damages done by the faid horfe or horfes, neat cattle, flieep, goats, or .wine, the remainder ihall be paid to the owner, and if no owner Hull appear, then to the overfeers of the poor, for the ufc of the poor of the townfliip of Halifax. III. And whcrcM no provilion is nuide by the faid AH for prrventing any rcfcue of fiuine^ horfes., ffxcpf^ts., or neat cattle, Beit thenforeemUhJ, That if any perfon or perfons fliall refcue any fwine, horles, flieep, goats, or neat cattle, from any hogreave or other perfon, driving fuch fwine, horfes, flieep, goats, or neat cattle, to the pound, the offender Ihall forfeit and pay for fuch rcfcuous, the fum of twenty fliillings, over and above all damages that may be fuflained by the trefpafs of fuch fwine, horfcs, (hccp, goats, or neat cattle ; which penalty and dama- ges fiiall be recovered by the oath of one u edible wimefs, before anyone of his Majefty's Juilices, and to be levied by warrant of dillrefs, and lale o*' the offender's goods and chattels ; and if any perfon or perfons fliall make any breach of the laid pound, or fliall by any other indirc^ means, deliver any fwine, horfcs, iheep, goats, or neat cattle, out of the fame, the perfon fo offending, being duly conviftcd thereof before any two of his Majefty's Juftices of the peace, fliall forfeit and pay the fum of five pounds, to be levied as aforcfaid j and the faid penalties for every fuch rcfcuous and pound breach, fliall be paid to the church wardens and overfeers of tlie poor, for the ule of the poor of the town of Halifax, after dcdufting the diargcs of repairing any breach of the pound. VI. And be it further ena^ed. That the Juftices in their Quarter Sedlons of the Peace, in all other counties within the province, fliall be impowercd, and are hereby dircftcd, to make re- gulations for preventing trefpaffcs, by horfes, fwine, flieep, goats, and neat cattle, gJ)ing aftray, in majiner as flull be muft agreeable to the ciicumiLuuxt of fuch county or townfliipt therein. fThe 4th nnd ,-h ftftioti' oftivs A^, tsgether with that part of thf 4th ftWon of :t»d (leo. »d. Cip. 14 which n-fj^ft the rtp^is ol lite 6t;ccu in liiiit^x, being aow ethenvile prut-uled lor, aut: not repnated.] I I CAP. V {' ^759 :h damage, to il the owner or und fliall caufe jured may pro- >r neat cattle, r nc:U cattle jaffes," and the o the keeper 3ecn done by fur each and of neat cattle, heep, goats, or ^ther with the inded, the laid he money ari- :ingthcni, and the remainder of the poor, ''fwiney horfes, lall refcue any driving Aich zxt and pay for ly be fuftaincd [y and dama- his Majedy's and chattels ; by any other the fame, the y's Juftices of ; and the faid wardens and cduding the Peace, in all to make re- Liittlc, going or townfliipi M which rcfi'tA C. XV— XIX. '.ft, •1 Annotricefimotertio Georcii If. CAP. XV. '759 55 AN ACT, in addition to, and ?imendmcnt of an Aft, entitled, An A£t for confirming the proceedings on the fevcral Rcfoiutions of the Governors and Council of this Province, relating to the Du- ties of Impofl on Rum, and other dillillcd Liquors, and enabling the late Collc£lor or Receiver to recover the Monies unpaid, for any Bonds and Notes remaining in his hands, and for eilablidiing and regulating feveral Duties of Impofl on Wines, Beer, Rum, and other dilliiled Spirituous Liquors for the future ; and for the further continuance of the fame. CAP. XVL An ACT to prevent the Diftilling Grain in this Province. Expired, HflLrfd. CAP. XVII. An ACT for laying an additional Duty of Three Pence per Gallon, ^^^^*^- upon all Rum and other didillcd Spirituous Liquors imported injto this Province, and for allowing a Drawback on the Expor- tation thereof. CAP. XVIII An ACT in addition to, and amendment of, and for further pro- Expired. longing, an A&. made and palTed in the thirty -fecond year of His Majcfty's Reign, entitled. An Ad for granting to His Majefty an Excife upon Wine, Rum, and other diftilled Spirituous Li- quors, fold by retail ; asalfoofan Adl:, entitled, An Act for the better difcovering and more cffedlually fupprefling unlicenfed Houfes. CAP. XIX. An ACT for laying a Duty of Excife of Three Pence per Gallon ""p^** on all Rum and other Spirituous Liquors diftilled within this Province, and for granting a Bounty on the Exportation thereof. CAP. CAP. ti; \, fl 5« Expiicd cxx. Anno triccfimo tertlo Oionoii Ih CAP. XX. «755 An ACT for further prolonging a Refolution of the Governor and Council, revived and put in force by the General Aflembly, in the thirty-fecond year of His Majefty's Reign. Expired Expired, and re- CAP. XXI. An ACT for extending the bounty on Stone Walls built, and Hay raifed within the peninfula of Halifax. CAP. xxir. An ACT for the Summary Tria' of Adions, At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax,on the fourth day of December, Anno Domini 1759, and in the thirty-third year of the reign of Our Sovereign Lord GEORGE the Second, of Great-Briiaiii, France, and Ireland, KING, Defender of the Faith, &c. and there continued by feveral prorogations until the eighth day of September, Anno Domini 1760, in the thirty fourth year of His Majefty*s reign, being the fe- cond and laft Seffion of the fecond General Aflembly convened in the faid Province.* • In ihe time of Charles Lawrence, Govtrno', Jonathan Belcher, Cl«icf Juftice, Wm. NeJbif, Speaker, Joha Dupott« Secretary of Council, liiuc Dclchamps, Cle.lcof AfTembl/. * Cap. It CAP. I. An ACT for the making perpetual an A61 made and paffed in the 32d year of HisMajefty's Reign, * entitled, An Adtto prevent the Sale of Slop Cloathing, and for punilhing the Concealers and Harbourer$ of Seamen or Marines defcrting from the Royal Navy. 't'viz. ti.e A "t "^"^ 7'HEr..E AS tbcfaiJ/M f iv(rs made en'/ to ccntinu: and be in force until the end of this prcfent "l!rj 'V'^ir* » V "-'''' > cnd-.vhercai the faid Law \ hat been found ti bev.n ufcful and beneficial to the pub- He, e Governor i Aflembiy, It, and Hay ovince of he fourth d in the ^ign Lord ance, and fnd there hth day thirty the fe- ilembly le er, John Dupott, ed in the prevent oncealcrs :he Royal ft/jis prcfent al ta the pub- lie, (1 760 Seflion 2. Anno triccfimo qmrto Georgii II. C. II— IV. 57 /;V, Ec it therefore amnedby His Excellency the Governor, Council, and AJfimbly, and by the authori- 1y of the fame it is hereby enaBed, That the fatd Ad to prevent thefakofjhp ckatbing, and fer pu- tuai * P"*"^' 7iiflmg the concealers and harbourers offeamcn and marines dcfertingfrom the Royal biavy, fliall be, and the fame is hereby made perpetual, any provifo or limitation in the faid Aci, notwith- ftunding, CAP. II. An ACT for the afccrtalnhig Damages on protcfled Bills of Exchange. B'£. it cna^ed by his Excellency the Governor, Council and Affcmbly, and by the authority of the fame it is hereby enaded , That from and after the fecond day of October, one thoufund fc\en hundred and fixty, all bills of exchange drawn from and after faid time by pcrfons re- ading within th'.s province, upon prrfons in Europe, that :iiay be fent back protei^cd, fha!l be fubjccH: to ten per cent, danitgcs, and fix per cent, per annum jntcrcft, from the day of the date of tiic protcll on faid bill, to the time of payment. And he it alfo enabled, by the cu- thority aforefaid, that all billb of exchange drawn by pcrfons rending within the province, after faid time, on perfons in the other colonies, and fent back protcfted, fliall be fubjecl to five per cent damages, and fix per cent, per annum intcrcft, from the day of the date of the proleil to the time of payment. II. And be it further enacicdby the authority aforcfaidfThAi all bills and orders drawn from and after the faid fecond day ofOftoberncxt, by perfons refiding within the province on perfons living or refiding in the fame, that fliall be protcfted, fliall be fubjecl to fix per cent, intcrcft from the date of the protcft to the time of payment. CAP. III. Foreign blllj of Cto. Car, 301. UHrn,*l)T vcifiif R'g'ilt,' I Vent. AS' iMlan.l biUs of e^th.inge J^'ig. flat. 9 and 10. WiJl. 3. c. >7. tng. ft»t. 3 ar.d 4- Ann. c. 9. m.iJc . erpciuil bv 7, Ann.c. jj. Ice. 3. I .Snllv. j,;i. Co rn;,^.!i \«ii-luki'tr' ku.t . An ACT, to explain an A(^, made and pafTcd in the Thirty-third i"- r^i-^'i'^vnii Year of His Majefly's Reign, entitled, *' An Ad; to enable Pro- '^''' prietors to divide their Lands held in common and undivided. CAP. IV. An ACT, in amendment of an Ad, entitled, An Ad, for confirm- ing Titles to Lands and quieting PoiTcllic^is. WIlF.REAS^'^Wf inccnvauenccs luive already and frequently doar/fc to the piirehafrs ofLan.h in this Provi.iee, frvni the Jijjicully of producing, before the re^er or his dipuly, our 'f J>e KvLnifits tDthe eseeution if any deed or con'veyar.ce brought by tl.KVi to be regy'kred, either f.o'iifueh deed or coKveyancc having bcm esecuud in Great-Britain or Ireland, orinfon.c ufbls Mujjl/s co'ciiies or p/ijniaticns difuint front this province. In thep!\fi.ncc of ■luitneffis relid.nt there, liho cannot be produ- ced before the faid ni^llcr or his deputy, to prove the ixecittion thereof cu oatb ; tknby preventing the due re^^!/lrii:g off/eh deed or conveyance, agreeabU to the dirJlions ef an Ail made and jUi//id iy ihe Governor, Council and Ajjavbly ofihis pnviiue, in tie thirtyf.vud yar of His Mye/lfs rdgn, cnlitLd, "An Aft for confirming titles to land>, and quitting p(4ldlions :" l\r r^wid; -uLn'f. Pe it therefore cnaaed by bis I'.xalLncy the Governor, dunJl, und Afndly, and by the' author it f the JliJKe it Li here/'Y '.m:C!.d, 'Ihat iVcm and .dV.r ihc puLlicatlon hereof, the Rc;;,Iiier of c cJ:-' e.vA Fo: A As in i. ivicndnKnt orad- ilitu.ii to this Act, ll-c ni-.te ua ,^il diu. id. cap. i" I'ie-inble C^p. % '.\c\,u;i.e3 53 C. V. Scfnon 2. Anno triccfimo ouarto Georcii IL 1760 I All dee-^^lxT. to b- 1:. -iUifd, I'n pro It vitli-f ex-c- ci'h'.r '»v tl''' K- kni'w!'.!^;mtnt «if ih:: j^r.iii.or, O' l-v'hoo.itli i)f' o:if i>t' tlif wit. n. H''«. b iFiire a J.i'Vic; iif thtf fu.Ji .Icc.i; ^c. l.uc l)^cii ex- Jor ^^t in »- ncrt!. i.i ■:<-■! a.!- U::- 1 tr m ; zii. t CO. lli. Oil,'. 1 1. Piean'-btf. Bv ProT. AT rc- P'.-.i'iliuniliip if ii i.u.'is. 11. (jeo, a.c. 56. IOC. V. P'.f'lumv usoi. 1- tli-i. aie ciii'i'cd to t)'j e in the AppTi.Mf-ions for tlic iali of i(ay- mcnt of Jt.U:«, A.C. CDnvcyanccs in this province, or hii deputy, flull and may duly rcnriftcr, «s direclcd by the aforcriid Act, all fiich deeds and conveyances of lands in tliis province, as Hull have been made and csreuted in Great-Britain or Ireland, or in any of His Majcfty's colonies or planta- tions, dldant from this province, (thou;^h o;ie of thcM'itncfTcs thereto ihould not come before him or hii deputy, to prove the fame as directed by tlic laid Act) friiJ.Y.vrf the execution thereof ihill appear to him, either to Jiave been properly acknowledged by the grantor him- felf nainca ill t'ach dead or conveyance, or be proved ')/ the oath of one of the fubfcribing wiinclfcs tlirrcto, before fomc or one of His IMijefiy's Julliccs of the Pc.ico, of tlie place where fiicli deed or conve'/ancc (lull iiave been executed, and duly attcfied by him ; and fuch at- teftalion being alfo authenticated (if in the plantations) under tlie hand and feal of the Go- vernor, I.icutcriant-Govcrnor, orComiiiandcr inC.hicf of the province, where the fame liiall be made, or of a public notary there reiidiii^; ; and if in Grcat-brilain or Ireland, under the pub- lic fcal of I'ome corporation there, or by the attertaiicn and certificate of fomc notary public lawfully conilituted, rciident there, cert ifving that iiich pcrfnn fo lubfcili)ing as i Julliccof the 1-eacc is really (o, and that all faith and credit ough.t to be given to his attcilaiions. N III I... .1 1 ■ — I CAP. V. An ACT, in amendment of an A61:, made and pafTed in General .AiTcmbly, at the Seflion begun and hold en at Hahfax, on the fccond of Odobcr, 1758, entitled, An Acl relating to Wills, Legacies and Executors, and for the fettlemcnt and diflribution of the Eftatcs of 1 ntcftates. Wril'.Rr AS by an Afl tiiadcanti pffT^d in Gcnrral Affmhly, at the Scfjlcn hgim and holJni at Il,ili/a.\; Qii ihef.cond day cfOcIdrr, 1 75S, entitled. An Acl rcUuinr; to Wills, Legacies, ar.d F.xecutors, and for the fettlcnicnt and tlifuibution of ihc Ki'iates of Intcfiaics, it it, ainofigii cfbcr t>ui:i(rs,ouichd, 'That in cafe that perlbnal aflcts !hall be deficient for the payment of ' any debts or legacies, and it fliall be found necefTary by any executor or adniiiuRrator, to ' make fale of any part of the realcllate of the deteafed for the payment of any debts or le- ' GfacicSjfach c'cculor or adminiilrait>r ihall apply to ihc Gcricrai Aficiirjly, to grant a licence ' for the fale of fuch part of inch real eftate as may len.oft convenient, for the payment of ' fuch debts or Ic.'^acies ; and before any f.ilc be madeof any real cllate, the executor or ad- ' niii.iftrator fluii give thirty days public notice, by polling up notifications in the imoft pub- ' li.: places, in the town wh.cre the deceafeil pcrfon lali dwelt, ar.d in tic public prints, if any ' 11. ch there be ; -.^ d whoever will give moll (hall have the preference in fuch fale : And in * cife the cdatc ofl'uch intcftatc fliallbe irilulveiit, the exccutur or adi. iiuftrator (liall make ' like nprUcation to the General Alfcmbly for an inquiry, and for th.e appointment of com- * mifhont-rs to enquire intoiluh infoivency, aiul to exaitiiuc and fetth- the claims of all crcdl- * tors, and the an.our.t of the eftate of iiich infolvcnt, and toauthorife fuch executor or ad- * rriiniHrjtor to fcilall th.e lands and tcncirer.ts i>f fuch infolvent, and to divide the produce * of the whole ofluch euate, in due proportion tt) and .among the creditors." And \i:hercas incon-vcriiciU!:. h.ivi: .drc.idy a-iffn, and may hereafter ar if. by I'-e del'ys hereby necrfarily cccaficned^ during inttnrifj'om «f C'e convention of the General Afevbly, /?.• // therefore enacled by lis LxedUnc^ tht Gj-cV )-nor, CoL-nH, i^nd AJL-hb'y, ur:d by the aulhjrily ofihcfin.e it is hereby enat'ed^ That all fuch applications as by the l)cf.ire recited clau-l; of the laid A('l-, are to be n-ade by any executor or admininrat(>r to t'lc General Alfen-.bly fliall, from and iftcr the publication hereof, be made to the Governor, or Commander in Chief, fjr the time being, and llii Majefly's Council of lliii ri. 1760 dircclecl by the js (liiill have been jlonies t)r planta- not come before d the execution lie grantor him- F the fubfcribing I the place where I ; and fuch at- : feal of the Go- the fume Ihall be I, under thepub- le notary public g us 1 Jufticc of attcilalious. 1760 Scflion 2. /.nno trlccfimo quarto GiiORcii rf. C. VI— VII. tliis province, who are hereby authorifcd and iinpowcrcd to take cognizance thereof, and to proceed llicrcon in like manner, as by the before recited claufe of the faid Act, fliould have been done by the Gcncj.1l Aileinbly. II. y//i(//v /Vy?^-/Z»tr *«rtii^s ^ndfor rite drowning and'draiiiinV „f fwan-.ps, and other unprohtable grounds j and to employ woriinicn and labourers, for fuch reali malic A "t"! in amend> iiiciK ()' ihi. t\St, jJ .til) .it!i (;rr>. i . L,>j>. I, JUI ti^O. jU. Cip. 4, Sthtico. >l.c,i;-.. 9. 9 h f^-o. .-.d. tap. i. 1 i;h Ct.). Jtl. C.ip. 9. Jill Ceo. .,d. cap. ;, .io'.h Oco. jd. c. 7. jjd.Ojo.j.c.4 Pi Nimble. Cor.ini'.li'^nc So'.'X's to ) ))i>int..l b '" !*• t'Livc;:ijr, ''' ■ d- . (Ml ;j2d A. c.ip ,. Tm er '..b. re ■C.h ' t ■\ (rt) E'ig. n.if. IV II. «. c. ?. kc. I. Coritaini;]^ ih: co,.; •,v;'^i )#hrit.| In Enubnd uivicr t'lis ftitv:-- coi "Mil.iw, vidr n •L.,i|tr. Hnv. \7.i). 127. f.N. B. u;. ,..,. Conriil.Iion :it I, ^'in'! s"'"' '^""'"""'""^^""'' at<-'">iH'iuiil.iwaixi by fhrnao, 'tlie pio^eoilingi .md imnilii.;* bdoiea Court >.f .Sewers, , ic , i^'.;. !'■ i'."^' ''"• '- ''■''''• "•■• 9 ^'•''^- ^ *-'^'^ '• I''*""'-''' of Lands ch;irt,.:;,l,!c not to be » c"nimiiiior,.-r, but u;as »a for Go 1» i ■:'*. 1:1 ! J. SU. 14J. to he fv/orn and I .inJ'! liab'c to feiinKnts. C. Vlir. ScfTion 2. Anno tricefimo quarto Geouch II. 17(30 reufonablc waf^cs as may be agreed on, for the cfTcfting tlic premifes ; and from time to time toaircf; and tax all fuch pcrfons as may or (hall be owners of Cuch meadow;;, marflics, oriuch unproliuble fwanips and hnds as atorefaid, towards the charge thereof, Iiavin_^ regard tocach pcri'on's quantity of land and benefits to be received thereby, as equally, according to their beft judgment, as tlicy can ; and alfo to appoint and fwcar a coJlcrlor or collectors for the colleding, g.ithcring, and paying the fame, to fucli perfons as by the fiid commiflioncrs Ihall he appointed to receive it ; with powers todi.lrain ah fuch pcrlbns as fhall negleft or refufc to nuke payment of hir,, her, or tlieir parts or proportions, let and ailcflcd as aforefaid, in fach manner as is ufually done in the like cafes ; and to call bef'jre themfclvcs the faid col- lector or collccftors, to account for liii ort' ir trufh •uth cfercncc to the preniifts; :ina like- wife to vahi' fiich repairs as m.iv '^.vr I. u n'. - u ac faid .vc.irg an>l dykes, by the prci'cnt fcttL.'. bsforc the dale o. llieir faid 'rKnir:;!!;*-::*, nr.d to proportion an aflciTment for payment of the fame by thofe who hav bee : or iV!.i;' ebeuefitcd thereby, in the fame man- ner as if fiich repairs had been made by their o a ordi •' virtue of their faid commilTions. il. J nd be it further I'riiidcd by the authority aforefaid, Tnat .he faid connnillioners (hall be fwcrn for tiic fiithful difchargc of their trult, and ihall receive fuch falaries out of the faid airtuTmcntjfor their time and cxpenccs touciiing the premifes, as the Governor and Coun- cil fliall appoint, unto v\ hom the laid cumniiilioners ihall be accountable, when they fhall be thereto required. in. And be it further cnaHcd, by the aulhorUy nforcf lid, ThiL^xn c^{c it fhall fo h;ippen, that any proprietor of any fuch lands, marllies, or meadows, to he dyked and drained as afore- faid, Ihall be unable, or otiierwii'c neglcA to pay his,her,oi' their part or proportion of die fiiJ rates or airdi'inents, It II1.1II and may be lawl'ul to and for the other proprietors concerned therein, to pay the faid alleirments, and to hold the faid hi'ids and meadows fo long until the rents and profits to be received of t!iofc lands may rclmburfe them, and the commiilioners aforefaid (hall determine the time Iiowlong(r). IV. Provide i al-x\}ys. That any pcrfon tliinkliig himfclF aggrieved at any procedure had or made by the faid commiilioners, or anyothers in purfuancc of this act, m;^y appeal therefrom > to the G )vernor and Council for relief (•'■'■ i88 1. Win. 50. i. S.:!k. 145. CAP. VIII. An ACT for encouraging the iinnrovcment of Lands in the Pcnin- fula of Halifax, and further quieting of PoifeUions. I lERE AS ^rei!t liucnvenicnees and prejudices have arifn on aceouni of not improving the lands V en the penivfulit of Half ix : And -i^hereds by the abfcnce of fcvcral Granted, a:id i'dc nc^l.^ .uiaotHa- (,„fi (icjlhofutherf, miin\ cf the lots lie •ivajte : In or d:r therefore to eneouraze the improvement of the not nil- y'.-' -J J o/^ J e I fo: Hvcn Lands ivithi't thefiidfeninfila^ ISe it enact, d by I lis Exceliency the Governor, Council, and Afahbh^ x'i p;ii>, ri...y j ^ ^j^^ au.'hcri/y of the fame it is hen.'-r ci.afhd, 'I'hat in all cifcs where the Grantees of Lards iK p;in;ecl by ^ i ' within t!ic faid pji;infu!a, have been abfcnt from the provmce, or have lived tlicreln, fcir the fpaceof fovcn yean, and no ii>ijirovcincnt nindc tliereon for that time ; and likewife in fuch <.af.;s where any Grantees of Lands axe dead, and no pcrfons, in right of fuch Grantees, have cUuned> Appf;>' to t')« 0. t(l ' •Vs in a- ntiraJ- 'is 6, "O. /itirn t'.ie the Go tmor ^ )m time to time iiarflies, or i'uch ^ regard to each nrclinj^ to their Hectors for the imiflloners ihall eglet^ or refufc as aforefaiJ, in ;s the faici col- niifcs; inalikc- dykcs, by the in aO'ciTment for I the fame man- id commllTions. Ilioners fhall be- out of the faid nor and Court. '^hen they fhall ) happen, that aincd as afore- rtion of die faid tors concerned ) long until the : commiilioners 'occdure had or )(")eal tlierefrom v r the poireilion o be reftoredto ved out of the Ciife. 4. in ft. 276, 1760 Scflion 2. Anno triccfimo quarto Oeorcii II. C. IX, tlaiincd faid lands faj ; it fljall and may be lawful, upon an incjucft of office, on the oaths of twel v- men, fworn for that purpc.c, hdd before the comn.lilloncr of Klchcats and Forfei- tures, ording to the c(u miiifion tn !iini grantei' *, and duly returned into the ollitc of Re- giftcrc. he Court of Chaii'jc"y, for the Governor, 01 Commander in t'hicf, for the time be- irg, wui the advice and confcnt of IHsl\Iaje(ly's C 'uncil, to make grants and conveyances of liicl nds <'o returned, which grants and conveyances Uiall be good, valid andclfcdaaljr o kll int- 's aid ^lurpofes whatfuever f/»y. II, ''rovidcdi That it fliall and may be lawful, for all pcrfons intcreded or entitled to fuch land.: as a'"e cc m^rized -, . {?.\. o lice, to traverle the lame, within twelve montlis from tJic date of fuch inqucih i\nd if the faid oflice Ihall not be travcrfed within laid tinie the gra.it of faid lands, by virtue of futh inquclt, by the Governor, or Conmiandcr in Chief, with ad- % ice as afor^faid, fhall be abfolute according to the form and efk-d of furh grant (c). III. Andwhi.reiisitmayl)idoitl)tfu'y-iol.u , the pcrfons abfent or ncgleiHiing to improve as af)refaid) (^(/), fliall be eat itLd to > fu;: niul al;- abfolute eftatein fcclimplcjin the lands lo re^iilred, any want of form in tac f ' •' r.'j",;h-/ iiotwilhflandir.g.* («) T.is ci.iufe can hnverefpei'loiilv to r.i'!'''tt hy virtue nf rcgi'fii-' (in nvo"* of Ir-fnc*? fir tm,; '-t i. in order id fttiit grants) but not to );r;inis by iccor.l utidci ('.:al ot govc niiicnt, uliicli nijit o;i;-;i:o ,i'\A lie tiicuoy inc ttrr.is ul'tiic paients, and are nut voiH^iWr by (^'.nioial levm-atii'US or any coiuliiiori aui inipil'd bv '.h: >!,i.iwts. (/'} The Kli-ig'slit!'; to rcfu 'x niiiltapjie.' Ijy o'lice on ojtii, by r;iMrJ -MUr icul b::t'):!; ili, LUjiT-.i-or ^ic. 4. "cp. ^.j. I-. »ndliyEiig. l;at. it. lien. 6. c. t% \zv.cii, patent g:»i!itnj>landsbtfo,e tLe iving'i livlc is tounu by imiuiiiuusiUiui.iLd i.ao Chancery, ;iie void. Vide Kn;;. ftat. 11. Jic. i. c. 1;. l'\ir ilie nature pa. ai?. rill'tKd " Court of ihn Kfcheiitor and i>fCcmminioner5 for finding of Of!ire«, dc." aril4-; Bp.c. Ahr. C. L.ra. i ;,i. b. 'I'it. I'rer,n;atrvr, letter i1. D ril'i'n. a. Puio^.-'.ivt; in Ki'chea'.s, \vl,'-,c t!v.- JiU !uat(ir'» o/te isciiriiidcud a fill! .'ulifiliin^' tiir (Lidn^ o:l;CLa bvinqitl! to vcf} f.tle« iii-tiie Ciown, a.id not k! ;i 1 oliicer uleleis by aL>o- hfhii.j; ihi; court o! w.nd'-. am! liveiivi, by Kn_;;. fl„t. 1 j. C«r. ». c. ^4. (i) Bv Fiin'. t>at. I. Hen, 8. c. 10, f,c. 5. /\ft.;r udicc l',)iiiid b-jt'ore a • v F-.'oheatjr, tbe Ian i« {•'■.• ■! mny !k; Istin i!,- tra- Terf'cr. low o'ficc"i ma? e trafcr'cd, vi.lc Un;;. )V,i;. 1 and ). Kl. 6. c. 8 ice h 7, ij. ail tjv fc:. n, an,r jui, .itdt upon ill'- tri.verte if 11 fliall appear bv re-crd '.Ivi; the Kins; ii i^ :;nv ot'n. r tirie, it ih.ll be f-.i ,d to tin. IIwi-. (.<;s, tiC. liom dLinn^, .n Ice l.iiipit, by v'.tuc ot any .et,iilrv, for io is t!ie niar,iti.ft ife!:^»n of tlic Av.^, • This ir.'iiuiioiiis, l>y due anthorit"; dcemid exp' dient as amoseof fhort proc>;l8,an(i without cxin.'nce,.'i. ed III U\ h Lnds may travtili; mor.hs oihi rwife the f: H'.tto be utifjt utc. reri1rvorf;;''h J..H'i' to be a ue liuipic. the Pcnin- tis. GAP. IX. An ACT, in amendment of an Ad, entitled, An A^ rcLtinc: to i-''^" "^''"'-^"-f rp r 1 J' 1 • ^ .ie..-!co,i yid Ircaions and rciunies. oco.-.d. cip i^. roving the lands , arid the ticgt'ul ovcnunt of the \ and Jfiryldy, ntces of I.ar ds icrein, for the icwifc in fuch rantees, have daliaed> WIiy.REAS /')• an A:'^,en!ithd, An Ail re!r.'in;:io Tr:.:r.>u aid TJ^^d.-s, it is, <7;v-.-'? j.'/vr matters cnui^ltd, ' 'I'lut if any perfon or p:.-r!oiis in.'., leil of ar.y ofl'.'nc?. for \viu.!i ilscy '■ arc excluded from tiio bcr.oilt oi ciergy, or of the f.iid A..'' fli.iil challeiije p,Temptori!y ' al;ovc twcvity of the jury, juiigmer.t iliiiil be pronounced, aiide.nccution awaiJed ag benefit of defence and tri.d ; He it therefore en.ii led bj Uis ExceHeney the Governor, Couned and .If- femblj, and by the nuihordy of tie fiiiiit.lt li hereby enaded, That in ill cii^j v. lure .i:-.v j^^iilbicr if a p' :(■■.: er iii.,lle'i^cs .ibi'Te ■>'■ ] I' rs l-v!i >.ji,.in;ii,;i U) !-e cvc -:i Ic'-, a \ I CJilX IWi.lll. 62 i 4H Ih III liji ft I r->r all in »• intivlufrir 11 aH- ilifi.in Ui \.U,\ .u"> ee nu c dh j:J Cieu. tJ.cip. j. TrcairUe. <'ie ilio cliuiih \v.iiijcni for iiiDiioy icCLivcJ by ihcin, ioc. C.X— XII. Scflfion 2. Anno triccfimo quarto Ceorcix II. 1760 flull challenpfc peremptorily above twenty of the Jury, fuch challenge fliall be overruled, and the jurors fliall be fworn tor the trial of fuch prifoner, as if no fuch thiillcnge had been pc- rcnptorily made.* • Co. r C. to». pi. i»7, u8. «. lUls's hid. p. C. 170. adjiulije.l, on tn^. ftat. »j. H. 8. c. 14. that Ciallcnge above iwenty (kail tic (nciruletl. CAP. X, An ACT in addition to and amcndnicnt of an A<^, entitled, An AO for tlie better and incic cdc^lual cllablillimcnt of the Church cf Knj'land in this Trovince. o WMi'RF.AS grtiit Jc/rime/il and inconvcnifncc nay arifc t$ the Mini/tcrs of S/iint Piiurs C/junb, in the tvwn rf IhiJlfax, us well as the mimjlcrs of churcbci, •which may be hereafter iJhibhjQj.J iv'r.hin this Proxi)u\\f,r ■\i;a}it (ff'ijikicf't power tefue iir.J recover frcm the ihnrch u-nriicns, fiuhfum or funis 'f III J »cy., OS they nuty huvc received from ti/ne It time, for thcufeoffaidmi»'ij}crs^ Be it therefore enoLicd by llis Esccllcncy tbeGovtrnor, Councili-^nd Affcmbly^ and by the authority of the fiinic it is hereby cnai!ul,'Vh'it the f.iid uiiiiifti r* (Iiall In- and are hcrcl)y iinpowercd to fue for and recover from the f.iid rliurLli wauljns, all fucli Jiuiis as they may have received, or flull ucg- Ici'l lo fuc for aiid recover, for the ufe ai)d bcncfil of faid niinillcrs. CAP. XI. n A (ft, cntitlcc private Trade or Commerce \v ith the Indians. M.Sylui An ACT for continuing an A(^, entitled, An Ad, to prevent any pt.r oC.Ji' cvir.. IM'll I loitl ( ku. ,;l;. cap. 4. .9U1 LfO. ,,u. c.ip. 0. 9. ;7th.(Jco. jd. C.:i'. J. C''an ! jarVi nt t!) iT.ik'.- lij'ii'.i- tiors tor he C jrtinirii;, for one y.ir, to !)c iip- f/Mvr.l kythc Tlic I'ke to l:j dn c .irniir-.'ly .It CAP. XII. An ACT for regulating tlic Common belonging to the Townfliip of Lunenburcr. T T T HF.FF.J'^ lUs Excellency the Ccverncr has granted cindftt ctpart, a trail of land ly'v^ In VV the pcnihfu'.a of Liineulw/;,, toferve eij a Coi'Tivcn fo'- the i>.hal'itc}uts cf faid Tewti; Ai:d 'ulerer.s it is neceffary, t!. at feme regulations jJjctdd be made by proper perfons, for the com- v.tn levef i of the fciia ir.habitaiits for.i time to tine, as their fttuaticn a'ld c!riumj!e::ees Vi'iy rcijuiie, lie it the^-efore enarJei ly llis Excellency t(-e (icvernr.r, Council nrd AJeiuily, and ly tie authority cf the lame it it he>ti'\ e),af!ed, 'I'lial thv' jufiiccs in tlicir ijnartor ftfaoiis, to be rcxt licld in March for the fiid Icwn ;ii,!od anil };ive in char-jje to the grind jury innran- ner arorciiiid, and fclt'c and a; prove of liich rules and re!?;u!;ni(Mis for the laid common, to iixse. for the vear l!ieune.\t ciiLii^g, ai Lo them Ihili appear niult proper and convenient. HI. I i I I v^ X II. 1760 overruled, and ge lud been pe^ :. 14. that Challenge cTititletl, An the Church of Saint P.ji,rj 'imay he hereafter ' ihiircb warciott, r of /(lid miHi/hrSf 'f authority ef the •d to fue for and :d, or flull iicg- >rcvcnt any Townfliip of land ly''^i% in of faiii Ttwn; s, for the cc:?t- d cinumfruci'S /■ijeviLly, aud cv fciuoiis, to tlic i^raiidjurjr Ilk. moll pro- luu"}^ ; to con- ovcd of I)y the cs, 1 1) be kept, uibiuints, for t ili.-ir annual I'i jury injuiin- I fonmion, to coiivciucr.t. III. T760 Stffiona. AnnotrlccfimoquartoGROROf I If.C. XIII— XVir. 63 III. A ndhe it pifo further enaftcdf'VhTiX. the faid Juflurs fliall be, ard arc hereby im powered I0 ll'ttlr, and appoint fuch pains and iiciialtics, to be inflicted upon tlic pcrft)n or pcr(i)ns, \vli<> lliall m-'^It'rt or refufc to obey the riilLs and rcj^ulations fo to be fettled ut the f.;id annual Icfiions ofthcpcaco, as to them Ih.ill appiar to l)cju!l and ctjuitable. IV. Provided^ '1 hat fuch pains or penalties to be inllicleil, Hull not exceed the fum of forty {liillin.;s each. Jufti" f!i tf» ap. noini prn.il'ici tor nut oljfviinj ILcliitrgiilitciou CAP. XIII. An ACT for building a public Slaughter Houfe In the Town of Halifax, and for regulating the fame. Not to cxcetd. 401. Tlv' »■*♦ \vni err u'cil, 1)111 ilie In.tlding inU ciouik( lining [iri.'ii I'okl iiLiti r ll'i- ,1 '.illuiiity cif \.\\K kf.-M(,ta. .(it. I. p. 10. tlieliiine ia uut icruiilCii. CAP. XIV. An ACT for further continuing an Afl, entitled An AcH; for the reviving and putting in full force, fcvcral of tlic Rcfolutions or ''''" ' Acls of His Alajctty's Governors and Council of this Province licrctofore made. CAP. XV, An ACT in amendment of an Ad, entitled An A(5I: for the better r, • 4 obfcrvation and keeping of the Lord's Day. CAP. XVI. An ACT for further prolonging an Acl, made and pafTcd In the thirty-fecond year of His Majcfly's reign, entitled An Acl for granting to His Majelly an Excifc upon Wine, Pvum, and other E>cpi.cd. dillillcd Spirituous Liquors, fold by retail; as alfo of an A(5V, en- titled All A (It for the better difcuvcring, and more eilcclually fupprciring, tmliccnfed Iloufes. CAP. XVII. An ACT for continuing an Acl, entitled An Ad for confirming r.M'«J. the pait proceedings of the Courts of Judicature, and for regu- lating the further proceeding* of the fajuc; ; and alio an cl in ad- dition to, and explanation of, an Act, entitled Ai\ Acl for con- iifuilng the 'pall proceedings of the Courts of judicature, ana ivjk regulating the further proceedings of the iarne. CAP {I li '^'.r l! Hi (I lit 'la m .|! i'i » <4 Jxpircd. C. XVIII-XX. I.;:pir«l. Ti piled. Annoprimo Georcii III. CAP. XVIII. tj&t An ACT for granting and eflablifliingan allowance totlic CoUedor or Collcilors of the Inipoft and Excifc Duties; CAP. XIX. An ACT for further extending of Bounties and Premiums; CAP. XX. An \ CT for further prolonging the fcvcral AcT^s hereinafter mention- ed, relating to the Duiijs of Impolt and Kxcife, heretofore granted by the General Ail'eniMy of this Province, on Wines, Beer, Rum, and other dillillcd Spiiiiuous Liquors. At the GENERAL ASSEMBLY of the Province of Nova-ScotIa, begun and holclen at Halifax, on the firft day of July, Anno Domini 1761, and in the firil year of the reign of Our Sovereign Lord GEORGE the Third, of Great-Britain, I'rance, and Ireland, KING, Defender of the Eaith, (?^c. being the firfl Seflion of the third General Ailembly convened in the faid Province.* * Tn llie time of Jomthan Belcher, Oovcrnor, Jol.nCi llier. Speaker of tl'J Council, Wm. Ntd''-, Spe»ker of the Af- fouulV) Julia Du^ujt, iiscicury of Council) Ai club Jil iluin.uiv.'ojj, and Iliu: Uciohimps, Ci^.k ut Aniinbly. A'"^! in amrrn'- jin 'Uoi' I'i:. .\:t, jlllCeo.,! '.cip 3. .;9tli Ovo. ;,d, caj). i.iL:. 5. Ene. flat. :■), Car. 2. ci,i. ;. No Tniiefn';in, fcr. to opicn liis SIi'M', or k'li .I'.r (j.iii '.s on tilt J^uid'sDay. CAP. I. An /\CT for the better obfcrv:ition and keeping of the Lord'i Day. Br. /'/ cna.Hi'il h tht Jhn':raNc th Commander in Chief, the Cmmd,', and Ajf^nibh, in order that ) ;ill pcrihns iruy, on the Lord's Day, app'y themtclvcs to dutici of rcii;.aon and pkty, bovii jmblickly .uul pviv.il rly, no tnulifnuin, w.uelio'dc keeper, Ihopkccper, or otlicr pcrfon w h.ilfiicvcr ihall, for ihc future, open Jiis, licr, or tlicir fhop or '.varchnufc ; or citlicr liy lilnifclf or hcrfclf, or by Iiis or her icrvaui or fcrvants, cliiUl or Lliildreu, icll, cxpofc or ofVcr to iiilc, upon any bulk, Jlall, or flud, or fend or carry OMt, any mar.ncr of goods or ir.cr- cliundh'-c, on the Lord's Day or any pirt tiieiCjf : /'ry.ii.'i, fv./7Z'iA_^'}, ll.at this Ad fliall not ty&t 1761 Anno primo Georgii IIT. C.I. «5 :hc Colkaor es. •emiums; tcrmcntiorv- forc granted , Beer, Rum, rovince of on the firft 1 the firil EORGE Ireland, g the firft nvcned in , Spe»kfr of the Af- Aflliubly. f the LorJ*» r.V, in order t^iat jinn anil piity, or ot Iicr pcili )n ; or cit-Iicr 1))' cxpofc or ofkr goods or ir.cr- fiisAaflnillni^t extend to proliibii any perfon* from felling or expofing to falc, milk ami frefli fifli (i- /'/wr//>^r<'/f), (works of necclHty and charity only excepted) or ufe, or (iifier to be ufcd any fjKjrt, grime, play or paUime on the Lord's day or any part thereof; upon pain, that every jwrfon or pcrfons fo oflcndiiig in any of the particulars bcforcniention- ed, upon con\'i<5Hon thereof upon the oath of one credible witnefs, before any one of His Ma- jcfty's JulHces of the Peace of this province, or upon view of any Jufticc of the Tcace, for every fuch offence (halt forfeit and pay the fum of ten (liillings, III. And b« it further enaf}ed. That no tavern keeper, retailer of fpirituous liquors, vintner, orotlicr perfon keeping a public houfc of entertairment within this province, Ihall, for the future, on any pretence wliatfocver, entertain orfuffer any of the inhabitants or town dwel- lers of Halifax, or any of the towns rcfpcftivcly where luch tavern keepers, retailers of fpiri- tuous liquors, vintners, or other pcri'ons keeping public houfes of cntertaii.ment, rcfpertively dwell, or others, not being ftrangers or lotlgcrs in iuch houfes, or fuch as come thither for neccflary dieting and vidualling only, to abide or remain in their dwelling houfes, outhoufes or yards, drinking or idly fpending their time on the Lord's Day ; but Ihall keep their doors fhut during the time of divine fcrvice, on penally of forfeiting and paying the fum of ten fliillings, for every perfon and pcrfons refpeclivcly fo found drinking or abiding in fuch pub- lic houfes or dciicndcncics thereof as aforefaid ; and every fuch perfon or pcrfons, who Ihall be found ii) drinking or abiding in any fuch public houfc or dependencies tlicrcof as aforefaid, Uiall refpectively forfeit and pay the fum of five fliillings. IV. Ami be it further enabled, 'fhat tlie church wardens* and the conflablcs, or any one or more of ilieni, /hall once in the forenoon, and once in the afternoon, in the time of divine fcrvice, walk through the town to obierve anil fupprefs all difordcrs, and apprehend all otfendcrs whatibcvcr c(>ntrary to tlic true intent and meaning of this acl : And they arc hereby authorized and impowercd to enter into any pubHc houfc of entertainment, to fcarch for any fuch oflenders, and in cafe they arc dc-nied entrance, they are liereby im- powercd tt) In-eak open,orcaufe to be broke open, any of the doors of the faid houfc, and enter tlicTcin ; and all pcrfons whatfocvcr arc itriitly required and connnanded to be aiding and afllfling to any conftables or other oflitcrs in their execution of this aJl, on the penalty of ten fhillings currivit money for ever)' neglccl. V. And be it further cna^edy That if any perfon or pcrfons whatfocvcr, b^ing of the age of twelve yearbor ujmard.s, being able of l)ody, and not otiierwife nccolfarily prevented by real ficknefs, or other unavoidahL .cceflity, fliall fur the fp.icc vff three month., together, ablent hiniiclfor herf.rlfhoni tlie jiubli worlhip on tlic Lord's Day, fliall be fulijecT: to a fine, that is tt) fay,fo-r e\'Ci7 head of a family ten (hillings, and for every child or fervant liv;.- ihil- ings, to bcreccrvcrcd, upon cotui'l. :i:t, before any one of his Majeii) 's JuiliLCi of tlie peace, >\ho is Jicrcby impowercd to caule the fame to be levied (i). K VI. ("1 Uv Km;. Stn. i-;, O.ir. i.e. 7. ice. j. and lo.iiid ii. Will. j. c. 14. fci-, i4.M;!K mj M:i''k,irc! iillowoi t'il)i 1" ivi ia Sumlavs, l)cio'cor attti Uiviiic Scivice. ((•t bv U;v.;. St.it. ,;. Cm. i. c. i. CiirricfS or Drovers an- txpiefily picliibittil from tr.!\tl!a-<;, nr.ii 1',-tclii.n fi 'i!i ' illiit,'} or /ciliiijr M,,it nti lilt' I.Dui's l);iy. The v»'iii: cl l'ri.ilii!;ni>Mi liv this claiife of'ibc Prov. \i\ icemj to coiuprditiul llic btifuurs cfcvcry calling citlxr In !.nid or watf.'r, hut viile i. Sti,:.7oj. l;iMt I't•ffi■^t;•rs,^^•^(lr^p,Mr•o Inmi." pltc; of lelif^ous Vvordiip jll.iwcd by tin- Tok-nti'in Act i. Will.ird M,ir. c. iX. U'C. i6. VuV- Dr. fmr's Iv (I ! ,iv. , i.Vc!. '->i . aii'l his cxpodtion of ice. It iiud id, oti. Will, and Mur. c. 18. ando. Mod, Jvo. DntMjn vvifus SwiiCli»!i. and oiLil C'Xl. Jui. Ecc!. jji. Milk indfrtdt tidi exccptedt No l,il>nur to b« done on the l.ord't day. Unp. flat. i.Ctr I. u. I. Kng. (bi.K). Car t. c. 7.f.-;. i' Tarern tccepcrf, .Vc.totorfcit I )«. f If ev.r\ perh>ii fi>aMd>lripKinjiilillic'j trom ar.y Julti;-,-, in iltfnult oftli- Ihds tlie I'lTtn. ll'.T to bl." i^OItt- niitied. Acl tn Ik rciu' four liaic? a re-.r jt tlK Sciiions, iind twict i.t CitUi'ch. c. ii-iir. Anno primo GEdRcii MI,, I7, fee n..tc on ,;2d tieo. :vl. cap 3. Preamble. Minors, Sfc. may recover lands M'ithin f ve \i;ar"i afte iniptdime.;t reii.oved. CAP. II. An ACT In amendment of an A^, entitled, An A£l di reeling the proceedings againll Forcible Entry or Detainer. WHEREAS /;i/Ar A('7, entitled. An Aft directing tlie proceedings aj,ainft Forcible Entry or Detainer, no provifion is made for fccuring and nuiintaining the inheritanee and title of minors. ft:y.cs covert, pfrfom non compos mentis, imprtfoned, or a/fcntees. Be it thcrefire cuitled bf the IIoK -jrab!: the Com^umdir in Chief Coiineil, and AJfrnhly, That nothing in the faid Ad flial! extend or be conftrucd to extentl to bar tlie right of any minor, feme covert, or perfon «;/, entitled, An An fo rcfufing or neglet^ing, and being (upon the complaint of any regifter) thereof convirled beforeonc of his Majefty's Juftices of the Peace within thefimc county, fliili ft)rfeit and pay unto inch regifter, the fum of five P.iiilings ; to be levied by diftrcfs and fale of tlic o.Tcndcr's goods, by warrant from fuch Juftice, if pay- ment be not made within four days next after convicT:ion a-, aforefaid. And every fuch re- gifter fliall give forth from the reglftry a fair certificate unuerhis har.d, of perf.ins married, born, or dying in the tovvnlhip, to any who fliall deiire the fame ; and he i'lall receive one fliillinarand no more, forevcrv certificate fo ^immi. H, And bt it alfn further cnatL.l 'I'hat the R. any court of record within tins province. iftry fo Icept, fliall be fufllcient evidence in For A As rcfpe^l* ing mi'rriap.f.'!, &c. kc note on jiJ. fjco. id, c ir>. J 7. iillb, Ice ij.d. Geo. .;d. cap. .t.iii »iTn;nd- nicirt (if this Acf, which sppaus rot to h.ivc been heretofore print- Pi opn'ctor's (.l.rk. in every t iwnfhip wl'.ce no p.irilh is elhi- Llithtd, to rtgi- ft-^r niurriagcs, i-x. 1 •,€ liK pericc Penalty 55. on pcrftins not giv- ing notice ef ni.irri;if;cs, &c, or reli;(ir.K t;> p.iy the Cleilk's tee. Acert'ficatcto ho ijivcn b ■ ^K Cle! k when Mi- liuiied. Rc^KTry to l>j cviderice. CAP. V. An .\CT for prcvcnthig dcmingcs by unfcafonablc burning, or Firing A.-^for prcr;» of the Woods. '"-'""''^ '™''' d.',irUtti"T, i4ih a;:d i,,-:h Ci: >. t ■A. cr,). I .,r.d WITFRE.'\Syt-iV/w:^ onfrc th:- icroJs and iaiderbri'P->, in tb: dry fe. fit f be yce:r, ly f:rc.n!:,.^, ■ ■ {.\ a. hiu done much i/i/w.-ifi' in 'be buniiir^ h,ifs, fines, /.my, iy'e. And ichereas in t/v pi\jln! e.';> 1."^' "* fituation of the new fettkmcnts, it nuiy be nee.f-ry th.it fuh ri filiations Jlmdd be ruji,,:., ■.^.,V l\ r.icf ,_ cmvenicnt anduff'dfnrdc.irinx ihcltn.'.s ii.'fh th: h\'Jl rijk, lu it iherfire eiucl d by the Uc^rrjble ''"'^ """' tbe Commjiidcr in Chief, C-juned and tlf.nibly, T'ut ll;.- JuUlcci iu tlic feveral countici wirh'n p,' ' ■',' ''"■'^' t.ili 1 .I."-v, «t 1 mf 68 to make reRuli- tions, with t)ic ■!(i()llll)iltioil oF ihc Jurticus, for prL'Vvii'iiiKbiiiB- 10).; tlic wuodst To be in force for i: moiithi Tlie lime to ba done annually. Peraltic!! to be llitlod by the Julhcci. JJot to excfcd I'ioiccHtion in thiec muntlis. C. VI. Anno primo Georcii III. 176 J this province, in their Quirtcr Scflions to be next J)eld in March fof the Md conntieSj fliall give it ia charge to the Grand Juries, then and there I'ummoned, to aflix and feitle i'uch re- gulations within their rcfpcdive counties, as they may judge nioii proper and convenient, to be obfervcd and followed by the I'everal inhabitants within the laid counties, for pre- venting damage by letting lire to, and burning the woods, undcrbrulli, or marlh lands, at un» fcafonablc times, with as little prejudice as pollible to the clearing ol lands in ti)e new fettle-* ments. And fuch rules and regulations as fliall be approved of by the Juftices of the fai(j^ Scflions, Ihall be, • and are hereby declared to be, the ftaced rules to be kept, obfcrved and fol- lowed by the inhabitants of the laid fevcral counties, for and during thefpaceof twelve months thereafter. II. Jnd be it further etuSledy That the faid Juftices Ihall, in like manner, at their annual fef- llons, thereafter to be held in March, proceed and give in charge to the fcveral (irand Juries, in manner aforefaid, and fettle and approve of fuch rules and .cgulations for the purpofcs aforefaid, to ferve for the year tlien next enfuing, as to thoin Ihall appear niuft proper and convenient. III. And be it alfo enaflcd^ That tlie faid feveral Juftices in their Quarter Scilions as aforcHiid^ fliall be and arc hereby impowered to fettle and appoint fuch pains ar.d penalties to be inflicted upon the perfon or pcrfous, who fliall negjei^l: or rcfufe to obey the rules and regulations fo- to be fettled at the faid annual Seffions ofthe Pcace^ as to them Ihall appear to be juft and. equitable. IV. Presided, That fi'ch pecuniary penalties to be inflicted, fliall not exceed tlie fum of. five pounds ; and that the profecution for any offence againft this Act, be commenced and. profccutcd %\":hin the fpace of three months after the oll'cncc committed. For Aifls M ^'tcr or .imcnd tliis A.t, fue itin Cico. ,id> i-'iip. J. I9tii Gtd. ;,d. i:,.p.:..:,7'.'> (!co. jd. c.ip. ,i .iinl 7. 41ft Ci-'O. jd. f.ip. i. MaftcrsofvelKils ilircCUu lio'.v to •u'.id'i'l ihcm- fclvei on tlieii jnival in the ponof l-!:i!if.ix, b.ivinj^piMtbnvm ko.ird inle.'>ed with any amtu- gioub diikmpcr. and to sire fecu- riL'v tor paying lli(;cliirp^:';iit'ie- muving ^Kni, Ice. Frralty ioel.(or not c.iMfoniiiiig lMtlus4^t. CAP. vr. An ACT to prevent the fpreading of contagious Diftempers. BE // rtLidcd by the Hoturablc the (■onwumtdcr in Chief, ihc Council and AJfcmbly, That every vefi'-l coHiing into the port of Halifax, having ajiy perfon on board infected with any plague, Ituall-pox, malignant fever, or other. contaj^ious diftemper, fliall anchor at leaft two miles btlow tho town of Halifax, towards the foa, and on her anchoring Ihall hoift an enlign with the union downwardsat tlie nj^^iin-top uiaft head ; and the mailer thereof Ihall not permit any of the mariners or paHlngcr.; belonging to or coming in fuch Veflel, to land : And the laid mafter (hail be obli^^od, within twenty four hours after his arrival, to give notice thereof to the Giivernor, LleutciKUit-Governor, or C'ommanderin Chief, for the time being of thcftate, condiuon, .uul number of the litk per fons on board his vcllcl, and Ihall conform hhtifelf to fuch orders am' iueclions as he (hall receive from the Governor, Lieutenant-Governor, or Coraniatidcr in (. hicf, both for the perforuiiig quarantine, for tlic airing and cleanfing the pafTcngeis, vH^el, and goods on board, and for removing the infected and lick perfons out of the laid veflel. II. Ami be itfurtfKr Enotled, That before any fuch fick or infected perfons be put oa fliorc, 1'^.' mafter of facJi Ihlpor vcirel ihall give fecurity for the payment of the charge of removing them on fliorr, and alfo For the neceiTary refreflnnents, medicines, and atten- dar.a-, whicJi Ihail be ordered and direcfed by the Gjvernor, Lieutenant-Governor, or Com- niandcr in Chief. III. Andbcitftrlhcr emi?c-d, Th.xt any mafter or maftcrs of any veflel or vcflels, who- fliall not conform themfclves to the rules and directions prefcribed by this Act, fliall be liable to pay a line not exceeding ime hundred pounds, on due con viaion thereof, lobe recover- ed by bill, plaint, or inforuuliun, in any of his Majefty's courts of rccortL |ii^ Ty6t Anno pnmo Georgii III. C. VIR 65^ conntiesj flialk 1 feitle iucli re- i convenient, to 111 tics, for pre- rlii lands, at un- the new fettle-* lices of the faid bfcrved and fol- fpacc of twelve heir annual fcf- 1 (Jrand Juries, the purpofcs jft proper and ma as aforcfaid, -s to be inflicted regulations (o - to be jull and. :ced the fum of, immenccd and empers. That every cicd with any or at leaft two loift an en fig n not permit any And the laid ice thereof to ig of the ftate, m hhnfclf to Jovernor, or ieanfing the perlbns out IS be put on :Iie charge of and atten- nor, or Coni- vcfrels, who fluU be liable be lecovcr- IV. IV. Andb:itfurtf}er enaileJ, That for the preventing any infeiftiou-? dintcmpsr* from being brought into, and fpreiiding in an/ of the other towns within this province, any or.e or more Jufticas of the Peace, refiding within or nearcft to fuch town within this provivicd, where any veffel infeftcdwith thefmallpox or infecbiousd" (temper, flull arrive, flia'l forth- with take care to prevent and rellrain all pcrfons belonging to or tranfported in futk Ihip or vciTcl, from coming on fhore ; or if any be before on (hore, to fend them on board again ; as alfo to reftrain perfons from p'cung on board fuch fliip or veffel, and to that end may makcout a warrant directed. to tiiccoi-.^lable of any fuch town, wlio arc accordingly im- powered and re«iuired to execute the (iunc ; and fuch Juftice or juUices are forthwitli to tranhnit the intdiigcncc thereof, to tlie (lovcrnor, Licut'"nant-Go\cnior, or Clomaundcr in Chief, ibr their direction and order thereon. CAP. VII. An /\CT for the amerjdment of an A61, entitled A n Ad concerning Marriages and Divorce, and for puniiliing Inccll and Adultery,- and declaring Polygamy to be Felony. WHEREAS by a tiaufc in an A^ made and pajcdin the ihirfy-ft'cond year.of His laie Majeflfs reign, entitled. An Act concerning marriages ind divorce, and for punifl\ing ificeft * and adultery and declaring poiyg-.imy to be felony, it is enabled, ' That no marriage fhall be * declared null and void, except for the caufe of impotence, or of kindred, within the 'degrees prohibited in an Act made in the thirty-fecond year of King Henry the Eighth,- ' entitled, An Aft concerning pre-contva be inconjijient with the Laws of Englan.t\, Beit therefore enabled by the Honorable the Commander in Chief tlx Coundl and AJcmbly, That the cuules for which "marriages flvall be declared null and void, fliall be in all caufcs- of impotence, of pre-contract and kindred within the degrees prohibited in an AtT: made in the thirty-fecond year of KingHicNRV thecigl)th, entitled, An A(ft concerning prc-contrads, and touching degrees of confanguinity, of adultery, and of" cruelty, and for none other caufcs whatfo^ver. U. Provided, That nothing herein contained, faall be of any force or cffc«St until His Ma- jcfty's pleafure Ihall be further known herein. Powers of.T'iti-- ccsot't'ic I*j.i;e For the A'1» n» amei.ilniont of this A'^t, fee note on 3 id. Geo. ad. c;.p.i7. Caufcs 0^ divorce f By the T aws of F,n.i;lam?, the Cautci of Divorce, dilTolvingthe Bond of M:irri;iT;e i.re, PrccontriK'V, Impotence, Conf.in- Riiiiiity, AfTinity, .inJ Cuu/u Mr.iis ante Niip:uij ; wlucli licuig prtccUiiu Inipeiliricni!,, the M.itiiai^e wasa Ntilluv, ,inil at 1 •.•.'■* vdiil. Adultery unJ rriieUy iKiiii; fibfciucnt to theM.tni.ine. though they arc piopc; c^ulcs lor tempor.iry teiMr^li'in a Af-'/i'i«,/'//jvio, yei tlicy JonotalFcL't the validity of the Marriage, juiil confcrueiulv cailiuu, as in the(nltlves, dill'olve .} y.iicuh M:itrrifimi,\\M c,ir\(\K\\ D:vorce har ihe WiH: other Djwcr, O' h.iilardize tJKClHldien, Co. J,.it. i,(^. iu 'I lie p;irtc;ipiil gr(Hind of amendment hs' this Art Items to have been, the pcrniillion ol Divorce lor Williil Delcrtioii, ive=*hle to the Lavvs ot E.igUiid, for thiiCiufe 1$ now o.mt:sd by tlw A;t, Mi all the oviior cWcs are.ii in tJie former KSl, infe: teU. CAP. . A'T rufpcnd-d until His M.ije- lU's plealiiii.- \3C known. Confi i--e ' bv His ^'aJ.; "y i« Couiicd. C. VIII. ir- Anno primo Georgii III. CAP. Via. f^^i OooJs ^\^^ V,- 0;i;e ofahfconJ- iiu' (luDtnis ni.iv bc.ituc)ie. '.■»'»!' i'lc co! .\, that 'v.: hul .ot any goods, cflals or credits wli.nfo- cv:m" (iftiicablent i.: i'>fcM Ijr.g pcrli.r., i.' ils iiaiui> .it tlie iluie ot his being fummor.ed as af'Hcfkld, ilien in every ['.idi ;.->le, tin; plali.tiif Ihali Secomc noiifnil, ami Ih. 11 pay to him vn'io v.a.sfumn.tincd as y\r.r. -.y, » icto*', ag<.ii' or i,rufiL."e, his.rvufuiable cells, to Le tuAcd in toni;iiyn for.iii by the juftiv'. . ui' tly 'Xuirt. Vi. I 1 m h M- if/6i. Anno primo Georoii III. C.VIII, 7« tipal. IV. yimf be li/urlberciia^Cil, 'lint '\(.\nY^nnrncy,hcior, ag^jnt, or trifftee, being fcvved :!^'?,''^'!;r-n^'^f;,'u' with fummnns and dcclanition ai aforefiiJ, fhall not appear at the firll term, and then to'paycuiU. cither acknowledge h. nfcli" to have had in his hand v foine goods, ell'efb, or credits oy the ahCent or ahfconding pcrlbn at the time ot t'l^' (ervice aforelaid ; and thereupon pray that he may be admitted to defend the adlon, or othjrwii'; lUbinit hinifeU" to an examination upon oath ns aforefaid, he fliall be liable to pay to the plantiitall iuch colls as ihall arife upon his fuit, to be taxed by the Juflices of the court before which the ac'tion (hall be brouglit. Y. And be it further ciuidcd Thxt in cafe any attorney, fatTior, agent or truflcc,frntn and E'^wJon toi3«- after the time of his being ferved with fumnions anddeclaralion asaforefaid ag;uullhlj prin- gent's pi opcr' " cipal, (beingan abfent or ahfconding pcrfon) fliall transfer, remit, difpofe of, or convert {':':'"'f!':"^'\^ ''^J^' any of the goods, eflecl*, or credits of lucii abfent or ahfconding perfon, in his hands at the lircasolhiipiiu- tinie of fuch fervice, fo that there fhaJl not be fullicicnt to fatisfy the judgment, (th;: debt b> ing afterwards afccrtaincd by judgment of court) or that fhall not diicovcr, cxpofe, and fub- jccl the goods, cftecls, or credits, of fuch ablent or ahfconding pCTlbn^ in his hands, to be ta- ken in cxecudoriffor or towards thefatisbction of the judgment, fn far as wliat v/orj in his hands at the time of faid fcrvicc,will extend,. fliall be liable to faiijfy tli* fame of his o.vn pro- per goods and eftate, and as of ins own debt ; and a writ of Scire facias may be taken out of the ianic court and ferved upon him as the Law directs, to appear and (licw caufj (if any lie have) to the contrary, where upon dcfiult of app^-arancc, or reful'al to dlfclofe upon his oath, (wliich oatli the Julliccs of fr.ch court arc inipowcrcd to adminiilcr) w'lat g - uls, efiec'ts t .ilure.judKmtnt or credits of the abfent or ahfconding perfon, are in his hands, «' nd to what value ; then judg- 'J^,j|,'|^) lu^ot'iiii ment ihall be entered up againil him of' his own proper goods and eftate, and execution be '« " prup-.i c- ' awarded accordingly, '''"'^' '" VI. Provided ncvcrthekf, and he it cm^ed^ That if it fiiall appear that the attorney, faclor. Agent to [;? af. agent, or tnillec, fo fummoned asaforcfaiil, and having in his han ^^ it the time of fuch fum- m)onHii;','vvri,fr thccfU,,, .ic. "t his pill ip.l, and i'.ihjt>!lr>»r ■htm to Titisiy t.'iv.j"J 'iixnt. y^ ARCiif to diico- vcr '.ipon iwrSi, tlio goods 5 nt, or truftee, his reafonablecofts, to be taxed in common form by the Juftices ofthe co. from wliltii the Scire ficids Hfucd as aforefaid. ■ VII. A/iJ be it further cnadcd. That the gondii, eflccls, or credit?;, of any abfent or '^cond- ing perfon, fo taken asaforefaid by procefs and judgment of law, out ofthe hands <>, ius at- torney, factor, agent, or truilee, by any of his crixlitors, fhall fully acquit and for ver dif- chargc fuch attorney, laiT:or, agent, or trullee, his executors, or adminillrators, oi )ni, and againf^ all actions and fuits, damages, payments, and demands whatfoevcr, to be.-, ^.d, com- menced, had, claimed, or brought by his principal, his executors, or adminiftrat , )f and for the fame ; and if any attorney, faclar, agent, or trullee, flnll be molellcd, trou ,. or fued by his principal io\- any thing by him done in purfuancc of this KiX, he may plead the c-eneral • iJfue, and give tJiis Aft in evidence. VIII. Provided m-vcrthshfe, and be it father enoiled^lih^t 7i\\y TLh'i^rX or ahfconding perfon, Purc.-pj entU againft whom judgment fhill be recovered as aforefaid, fliall be entitled to a re-heiriivof fuch '''^'^ ^" " '>-. caufe at any time within tin-ee years after fuch jutlgmcnt; and Uie plainlilT in fuch aftion, t!Tcc''vcrsi''" before any execution fivall iaue on fuch judgment, Ihali give fuiilclent fccurity fo t''..- fuisfac- tlon of the court, fin- tlie re-paymenv of all fuch mtmies as may be levied by virtu; .>f fuch '^'P f ''^ ' ''■'-'* execution, in cafe the laid juilgment (lumld be rcverfcd on fuch re-licaring as aforefaid. pUv'rili' '^is IX. /'/•^iv./;,/ ^//;yc//j-. That fo nuich of tills Ach only as relates to the commencing of the iv- 'ix-V-nnv''"** aftion, and atladiing the goods, fhall be of force, till his Majefty's further pkafure be known C' n! irnd :,v* tlia-ein. i\\v ;!••''!'!'■.'" 73 C. IX X. WW siif.ii Anno primo Geor<^ii III. CAP. IX. 1761 A'Vj in nmor.i- iiKiii of, »iiy OiiHuei f.ip- k^iitg his ciuty •N« ivf tiibct;!- "ken at ti-.c btill An ACT for the appointment of Sworn Gangers, afcertaining their Duty, granting them an Allowance, and cftablilhing their Fees. BE it enaflcd by the Honorable the Commander in Chief, tbeCouncil and Aff.mbly^lihzixt fluU and may be lawful for His Excellency the Governor, Lieutenant Governor, or Comnian- d( r in (Ihicf for the time being, to appoint two Guagers for the port of Halifax, who fliall be fworn to the ftiithfiil ilifclvdrgc of their duty, and who are hereb/ authorifed to guage all Rum or other diflillcd fpirituous liquors, which fliall be imported into, or dilHUed within the fame, and fliall perform all fuch guaging by the inftrument commonly called and known by the name of Guntcr's Callipers, and no other inftrument whatfoever ; and who fliall have an allowance not exceeding twenty-five pounds per aimum cacli,to be paid out of the duties arifingon Rvm, or other diftilled fpirituous liquors, imported into or diftilled within this piovince ; ana it fliall ai^d may be lawful for the faid Guagers to demand and receive the fol- Jowingfees.: .Tor guaging a "Puncheon or Pipe - Six pence. A Hogfliead or Tierce ... Four pence. A liarrel - . . - . Two pence, and otiier cafliLs in proportion, and no more, to be paid by the feller. IT. Be it further cmi^cd, Tliat for every other port or town within this province, where no diftilling houfe is cioclcd, and where it may be neccfliiry for a Ganger to be appointed, the .lliid Gauijcr fliall be entitled to receive the fame fees, as is herein before eflabliflied for the port of Halifax, with a further allowance of fix pence a mile for hiii travel. ill. 4>td be it further enacted, lliatifany Gauger to be appointed as aforcfaid, fh.ill ncg- lecl to attend upon due notice given for the guaging any rum, or other diftilled fpirituous ii n who ihyll inform and iue for the fame, the other moiety to the ovcrleers of the poor, for the ufes of I'le poor of ihc town where fuch oflence fliall becomniitted. IV Pryc!dcJti!y.\iys,anditishercb)\fiirthcre)uichd,'\'\vxt.noiW^ fliall be demanded by the (;u.^ge^ as aforLfaid, for gauging any ftock of rum, or other diftilled Ijnrituous liquors made up at llie diuiliing lioulcs within this province. Tor _ Af.'iMi .nitnilnicnt '.I, aiiili'.ij:i to il Atl, !cc nii;,- 1 Jill. Geo. jd. f C. l<. CAP. X. An ACT in addition to an Acl, cniltltd An A61 in addition to an Acl:, entitled t\n Acl for preventing Trcfpailes. 17 6 1 1761 Anno pfimo Georoi i III. C. XI-XII. 73 ining their eir Fees. rhatk flail and , or Comnian- fax, who fliall 1 to guage all lied within the iiid known by vho flull have It of the duties [led within this receive the id- ler. /ince, where no : appointed, the hcd for the port faid, fhall ncg- illcd fpirituous for every fuch h of one crcdi- i by warrant of ) be paid to the rb of the poor, nandcd by tlie IS litjuors nude lition to an hfllis htc Mu- Ifor prcvcntin;.^ Ions ill allotlior are hereby ili- Igoat") and nc t talilo. * cattle, in manner as fhall he tnoft agreeable to the circumltances of fuch county, or town- fljips therein.' But no penalty is therein mentioned to be infliiieJ on fuch asjhall trangrefsfuch regu- lations made at nforefaid ; Be it there/ore cnafled by the Honourable the Commander in Chief, the Council and A fcmbly. That any perfon tranfgrefling fuch regulations fo made by the Jufticcs ^'y&"'"*"'] in theSelHons as aforefaid,for the preventing of trefpaffes as aforefaid, fhall be fubjeft to a fine tmns mude at not exceeding forty ftiillings ; to be recovered, on complaint or information, before any two ["j^^'Xc'iiorcx. of His Majefty's Juftices of the Peace for the county wherein the offence ftiall be committed, ceedinB403, or before the Seilions in faid Countv. CAP, XI. An ACT for the relief of the Poor of the Town of Halifax, and indigent Perfons in the new Settlements. Aftj in imendmfBt of, or addition to thii A61, jjd. Geo. id. cap. i. fee. t. jd. and 4th. Geo. 3d. cap. 7. 7th Geo. 3d. Mp. 3. 8tli. Geo. vl. cap. j. ijth. and ylhCeo. ju. c. i. 10th. Geo. id. cap. i and*, nth. G -o. .id. cap. 6. 16th. Geo. 3d. cap. I. 17th. Geo. 3d. cap. 5. 31ft. Geo. 3d. cap. j. 3id. Geo. 3a. cap. 5. fee. 5, :ind 13. 391 . Geo. 3d. cap. 4. 41ft. Geo. 3d. cap. b, and tempi^iarv Ails, tid. Geo. 3d. 19th. Geo, 3d. 50th. Geo. 3d. 341)1. Gc;o. 3d. jd. ff;c. Tliii AiS, wliicli was tc borrow muney foi the relief ot ihc poor and new fettlers, being executed, the title only is printed. CAP. XII. An ACT for prohibiting the Exportation of Raw Hi ie Sheep or Calf Skins, out of this Province, other than for Great-Britain ; and to prevent the Cutting, Splitting or Flawing of Hides.* WHERE AS the c-xportation of ra-w hides, fl.icrp and calf fliins out of this Province except to Great-Britain, has been found to be a great prejudice to the fame ; Be it therefore enacted by the Honorable the Commander in Chief, Cauncil and Ajjcmbly, That from and after the tenth day of Augufl, 1 76 1, no perfon or perfons fliall load on board any (hip or vcilcl for exportation, any raw hides of any ox, bull, tecr or cow, or any fhccp or calffivin, before tlic maftcr of fuch fliip or veflTcl fhall have given bond to the proper olliccr at Halifax, or at any other port within the province, to fucli pcribn as lliall be appointed for that purpofe, in thL value of one hundred pounds currency, with fufllcicnt fecurity that the fame fhall be by the faid fhip or vcflel carried to Grcat-Brit.iin and to no otherplace,andbclhcrclandc.land puton fliorc, (the danger of the fj.ij only excepted,) and fliall within twelve months, return a cer- tificatetliat tliefame have been fo landed : and if any perfon fli.ill prefunie to lade onboard any fhip orvcilel, any raw liidcs orfkins as aforcfaid, before bond be given as aforelaid, he fiall forfeit tlic fame, and the mailer of the vefTcl fhall forfeit the value of fuch raw liiilcs as fliall be found on board fuch veflel, and if any fliip orveflel fhall carry out of this province fucli liides or fkins as aforcfaid, before liond be given asaforeiiiid, or any feizure made, every irailer of i'udi fliip or vcilcl fhall forfeit and pay double the value of the fame, and tlie Ihippcr tr-blc ihc value oltlicliiUcs orlkins (ofhij-pcii. II. Proi'ided, That infornutioii, fuit, or proiecution on the fame, be had or made within t!u- icrni or fpace of twelve nuintlis ne.\t ;ifier the offence committed. in. PrciiJcd a/fo,'i'h:\t v. !icn tlie current i^ricc of raw hides, fuch as of ox, bull, fieer, or rciv, (liiillbe under three halfpence per pi,uud, thcfamc may be exported to iiny ot his Ma- %"iy's plantations. L IV. • TI;o regii-arons h^ this A.'^ orW-lnan-d f.om ».n order uf Cou.iril , dated r.vr1i Arv'l. fr-c. ul.idi w,is conu'.ucd „ml amcLoulbv -A un'j^yia.y Aaol die jid. (J^o..ad. Jici Uk. c.\i:iiaiuHi ot uhidi, Uicpiuu.t aa w.isp.iikd. Afli in atnerd- mcntof, and ad- dition to thisA^", a'C lothCJco. id. cap. 9. 1 9th Geo. 3d'.ca,i. 3. Preamble. No raw hidti, &C. to be loaded onlioard any vcTcl, until bond be given thai the la lie !hi,il be l.iBiicd in Great Brilam, On penaltvoflw ing forloucd. Penal'v on niaf- ters dt'v.f'Us' " c:irr\ii y 'Kc f.Mv.c iii;t i.i' the pio>':icc. Prrr- -i/ion -o Lc within tsiclve niontlis, I-':\cci't« 'icnun- d>.-: Il!;ic 1>. It fe!.i.cnapcund. *l 74 Pcn:il'y »o«. for guiiir K' ic. tlK* Kide oi' iiuy o\, fcc. C. XIII--XIV. Anno primo. Georgii III. 1761 flow penalties 11'- to btf reco- tctcd, and applied. IV. And belt alfoena^ed. That if any butcher or other perfon Ivhatfoever fhall by him- felf or any other perfon employcil by or under hinior tlicni, palh, cut, (plit, or Ifaw the hUle of any ox, bull, ftcer, cow, fbeep, or calf, in fleain'^ thci-cof or oUiarwife, whereby the fame ftiall be impaired or damaged, and ofl'cr the fame toiale, fuc'v butcher or other perfon fo oflcnding fhall forfeit and pay the fum of twenty ihillings, for each and every fuch of- fence committed by them, or any othci- perfon cn-ploycd l)y o. under him or them. V. And be it ftrtber enncledy That the feveral fmesaud forfeitures incurred by this act, Hiall be recovered oil the oath of one credililc witncis in \n3nucr following, (that is to fay) That for exporting raw hides, calf or ilieep lldns, contrary to the tenoi of this .ic% by bill, plaint, or information, in any of his Majcfty's courts of record in tliis province, one half thereof to be paid to thcTreafurerof the provincti fcr the ufcof his Majeity's government in faid pro- vince, the other hiUf to hijn or them that flail inform and fue for'the Jano ; and the penalty for cutting, fplitting, or flawing hides, to be recoveretl befcn-c any one Oihis Majefty's JuflU ces of the peace, to be levied by warrant of dilhefs and fale of the oflcnder's goods and chattels, under the hand and fcal of the Jullice before whom the conviAion of the faid of- fence is made, and for want of diftrefs tofuffer twenty days imprifonment ; and that one halt of faid penalty be paid to tJie informer or perfon fuing for the fame, and the other half to the poor of the place where the offence fliall be committed. litW-,v I "%. C\P. XIII. An ACT fc 'curtaining the Times and Places for the holding of the General Quarter Scflions of the Peace, and the Inferior Courts of Common Hcas, for the Counties of Lunenburg, King's County, and Annapolis.* • Tliefitting of the Courts at LunenWq;, ■' if prerent regulated by the 7th. Geo, .id. cap. 5. at Anaapolis, by the 40th Geo. 3d. cap. % and at King's County, by 39*.r, ■ )i;o. ,3d. cap. 5. thciciure no more than the iitlo of this Ai5l, is now printed. ^ I? AAs in R- intnJmentof,ad- d^ion to or aU teratiijPo'this Act, are the jth C-i) .id. c. 1 abd 5. ii'h and 14;!) Geo. ,id. c. «P9tli. Geo. ,^d. fi' i. 2^d. Geo. Ihjd.cap. 5. 28th (CO. id. c. 4. i^th. Glo. jd. c. 7. j:d. Goo. ^d. cap.6. 3id. (jco* 3d. (^6- 4ot.h. Ueo.loi c. I. 4ilt. Geo. . d. c;ip. ?. ;ilf ), :cin- pa ai y Laws 3, day's work j and futh p(;rlon not attending or ncglcding to perform the (aid duty, Ihall forfeit for every day's neglect, ten fliillnig^ ; .irid that every other houfe- hi'kler Ok- labourer, pol being an hired forvanl for s year, lh:'.il, on every day appointed a:i aroreftid, eillur by l\)mfcil"or otlier fufTiciont j)crfon to be hired by him, provided with fuch ueccfiaiy iuiplcn'cntsas (Iiall be ilircclcdl»y tlic faid furveyor, work for tlic fpace of fix days ^ in every year, on tiic laid higliways, roads, ilrcets, or bridges, within the townfhip where they relpecliv'jly dwell ; and luch perfons not attending or ncglecling to perform the faid (dut) , Ihall forfeit iliree Ihillings for every day's neglect ; and any one of the JuHices of icdul UbuuiT^ the l\vc.e, wii'iin the county, where the offence is committed, is hereby impowcrcd on com- pbiui made u> him by the faiil furveyor of highways, to funmion the perfon fo neglecting, and upon his ron-nppe.irunce, refuljl, or ueglecl to jv.y the forfeiture, fhall levy the fame • Mo 'e of reco. by warrant of dilUels;* and tlie n.oncyfo levied Ihall be inimediatcly paid into the hands lI*X''ln'r'^!'u cf the furveyor for ths repairs of the highways. Gcujd. c.ip. j. HI. /!r.:lc it f'irlhrr emif}al,'\\\xl\.\\c conlltbles of the fcvcral townfliipsln this province, fliall ivakc out ;' \\i\ of all fuch perli)ns who arc owners of teams, carts, or trucks, as alii) of ConftaMcs to eveiy Oilier .houiiuilder and labourer witjiia tlieir refpc.Vivc townfhips ; awd fhall in wrU pcrfmriuhk w titig (n.a'vin;; :\n cipial di\i!ion) fet out lo the furveyors of highw ays, the fcvjral roads, high- '•'!'"ur on tl\e ways, and Urocts, on which each of them lliall rcfpcclively labour; and deliver alfo a lift, "'a''""*^. -^c- figned by them, of fuch perfons as fliall live w ithih the diftrict wherein fuch liighwnys, roads, a"'' Jdiver the or ftrects, are allotted to each of them, to be employed by them relpcclively, and who ac- Surl? ^^'^ ^"" cordii'gl) Ih;)!! be reputed to be tlic perfons obliged by this Act lo labonr.f t-'^^'^- 't''- »"<* IV. J/rrf/'i ///'/r7/vrr/w^ft/. That the faid furveyors of highways (lull, and arc hereby l^^^' y."'^' ^ ' inipowered, in iho fitteft and moft feafonable time, betwccr, thcfirftday of April, and the JS^',",'',j''f^ (irft uayot Noven.bir, yearly (feed time and harveft only excepted) to fiimmon the inhal>i- doncbttwtcnthc tants contained in their hfts refptaivcly, giving them at leaft fix days rotiee of the time and 'ii°^,,f'oi' noI place where he propofcs to employ them ; and (hall there ovcrfcc and order the perfons fo vcmkr, ycmlj. funim.onrd, to labour in ni-.iking, mending, or repairing the highways, roads, ftrects, and bridges, in the moft ufcfulnianncr, during the number of days appointed by this AcT; for e;:th ncrfon to labour ; and the furveyor ofhighways Ihall liimfelf be extufed from any o- ? ?:"^'°'^, 7'^^- tnei iti vjcc on the liii^hways, than the fummonmg, ordering, and directing thereof. V. And -ujhcrciis t belabour of men may be more nfcftd, tbuii t be employ iitg Iciims, dirts ^ or truch^ ir. f<„ue iotuns, kit therefore enac'kd. That when any furveyor ofhighways Huill judge tlic la- ^'^^"ol^.uro hour of men nuu-eaiiVfu' and iicceCTary than that of carts, teahis, ov iri'icks, tlieperloiis who c',r" ''ir'''.'j'!,.j by this Acl .ire to ftnd carts, teams, or trucks, ftial) be obliged under the like penalty, to nccJn'.'rv by' uic fend two labouring men inftc.u! thereof, furnifticd with neceiVary implements as aiorefi'id. SuJv<:yur. \'I. And be it further er.iicl^d^ 'I'hat the fuiveyors of highways fliall, at the expiration of f?urvcvorr ..C 104. .iiiJ Soq. and U.i! J. c. 12. tl-t. 9. for Expofi-.iM ,\ J«k CM'. 76 C. XV-XIX. mil ■^ut % For Aflj ini> nicnilincnKvf, or addition to tliii M\t Ic! ■oie un ';U<1 Cico. ad. c.ip. 14. • ji. G«o. ».c. 14- Prcantblt. Anno primo Georoii III. CAP. XV. 1761 Swine or Ooats }!oingat large in lUlif.iXjtu be for- feited. Onetliirdto the prutecutor, the ivmuindcrto the poor. Ixpired. xplred. Expired. Expired An ACT in addition to, and amendment of an A61;, entitled, An Ad for preventing Trefpaflcs.* WHEREAS in and by an Ail, entitUd, an A(ft for preventing trefpaflcs, it is ena^eri, * Tint * no fwinc flwllbe permitted to go at lan;c within the ftrects, lanes, or fuburbi of * Halifax,' and the means therein provided to prevent the fame, has hitherto proved inrffeeltial ; and •whereas goals going at large has ken found per nicitus and de/lr unlive ; Be it there/ore cna^ed by the Hontrabic tbe Commander in Chief, theCouncil andAffemhly, I'hatit fluliand may l)c lawful for any perfon whatfcever, to take and fcize all fwine and goats going at large within the ftrects, lanes or fuburbs of Halifax, and upon proof thcreofon the oath of one credible witnefs, be- fore any one of his Majefty's Juftices of the Peace for the faid town and county, the fame fliall be by him declared forfeited ; one third of the value of which to be paid to the pro- fecutor, and the remainder to and for the ufc of the poor of the to". n of Halifax, and iliall be accordingly difpofcd of by him for their ufc. CAP. XVI. An (\CT, in amendment of, and addition to, and for further pro- longing an Ad:, entitled. An Ad for granting and eftabli thing an allowance to the CoUedor or CoUcdors of the Impoft and Excife Duties. CAP. XVII. An ACT for altering and amending feveral Ads of this Province, relating to the Duties on Wines, Beer, Rum, or other dillilled Spirituous Liquors, and for granting a Bounty and allowing a Drawback on the fame. CAP. XVIII. An ACTfor altering and amending an Ad, entitled, An Ad for laying a Duty of Excife, of Three Pence per Gallon, on all Rum, i nd other Spirituous Liquors, diftilled within this Province, and for granting a Bounty on the Exportation thereof. CAP. XIX. An ACT for fuppreffing Unlicenfed Houfcs, and for granting to His Mujefty a Duty on Perfoni hereafter to be Liccnfcd. At I7^> :itled, An mSlefi, * That sr fuburbi of cffcclual ; and tnafltd by the lawful for any the ftrects, e witnefs, bc- ity, the fame 1 to the pro- IX, and iliall rthcr pro- >liililng an ind Excife Province, r dilliUed lUowing a |for laying um, ind I, and for Inting to fed. At 176a 'Anno fecundo Georgii III. C. I. At the GENERAL ASSEMBLY, of the Province of Nova-Scotia, begun and holdcn at Halifax, on the . firll day of July, Anno Domini 176 1, in the firfl year of the reign of Our Sovereign Lord GEORGE the Third, of Great-Britain, France, and Ireland, KING, Defender of the Faith, 8cc. and there con- tinued by feveral Prorogations, until the Seventeenth Dayof March, 1762 ; in the fecondYear of his faid Majefty's Reign ; being the Second Seflion ot the Third General AfTembly convened in the faid Pro- 77 vince.* • In tUetime of Jonathtin Bdchir, Ooremor, John Cil!ifr, Spcak'-r of the Council, VVillum Nefbit, Speaker of the Aflembly, Juha Uupait, Sccreury ut Council, Aicliibdld Hinfti.:lwuml, anj Ilitac Ucl'cluinpi,, Clerks of Allciably. CAP. I. An ACT for the regulating Innholdcrs, Tavern-keepers, and Re- tailers of Spirituous Liquors. BE it ena^cd by the Lieutenant-Governor, Couneil and Affcmhly, That from and after tlie publication hereof, no retailer, innhojdcr, tavern or alehoufe keeper, who fliall IcU Upon truft or credit, any wine, ftrong beer, ale, brandy, rum, or other fpirituous liquors, mixt or unmixt, to any foldier, failor, fervant, or day labourer, or other pc* (on whatfocvcr, to the amount of any fum exceeding the fum of five fliillings, fliall have any remedy to reco- ver the fame, either at law or in equity, againft any of the perfona aforeCxid, their executors or adminiftrators. II. And be it further ena&ed^ That in, cafe any foldier, failor, fervant apprentice, bound fervant, or negro flave, or other perfon whatfocvcr, fhall leave any pawn or pledge, as a fe- curity for the payment of any fum exceeding five (hillings, contraflcd in fuch manner, fuch foldier, failor, fervant, apprentice, bound fervant, or negro flavc, or other perfon whatfoevcr, or the maft'^rs or miftreflcs of fuch fervant, apprentice, bound fervant or negro flavc, may complain to any Juftice of the Peace where fuch retailer, iniiliolder, tavern or alehoufe keeper, or any other pcrft)ns whatloever, receiving fuch pawns or jiletlges, ufually refides, that fuch pawn or pledge is detained from him or her by i'uch retailer, innholder, tavern or alehoufe keeper, or any other perfon whatfoevcr, ami having made proof thereof upon oath, or oihcr- wiic to the fatisfal^io^ of faid Juiiice, fuch Juftice of the Peace is required, by warrant under his hand and feal, to compel fuch retailer, innholder, tavern or alehoufe keepei", or ether per- fon vhatfccvcr, by diflrelsand fale of his goods, to reftorcthe afi^reftid paM'n or pledge to tiie p:ii ty tomplainirig, cr to make him or her falisfaetion for the lots or abufe thereof ; and (liall !i.)ihi'r lefubjcct to a fine not exceeding twenty fliillings, for thcufc of the poor, ar.J cults of proll'cution. liL For .'t*r«tions n til .va, feeler,. por irv A.'ts, y)\.\\ and toth. G1.0. ;(1. lijL' .ill'o lit. Geo. iR. c. i.kc. 3. No clel)ts to be rccavered bv re> tailors, &c. for ' w ne», ^c. foKt to any i'oidicr, &c. for anv I'mn above five ihil- liiUJS. ^^m^ . ¥* Pledges for pav- ment of anv fum above 5». lobe reftorcd bv order of » Juftice ot the Peace. H ^ '^m- ^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 1.25 14.5 1^ !if 1^ IIIIIIO 1.4 m 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4' yA^ m C. II-III. Retailer":, 8rc. not to fuffer ap. prentices Sicto remain drinking in their huuics, &c. on punulty ^no fecujido Georou JU. iJ^f in, Andbeit further cmiledt That no retailer or pcrfon whatfoevcr, fliall harbour 'pr Ailjer any apprentice, ^und fervant, or negro flave, to fit drinking in his or her hoiiie^ nor fell or give him or them, norfufTcr to be fold or given him.ortliem, any ofthefiquon^afbrefiud, without fpecial order or allowance of theil: rerpeftive niafters or miftreues, on pjiin of for- feitingthcfum of twenty fliillings forevcry fuch offfentc, together with the charget 6fpr<)iec«tion ; Xo be recovered, upon conviiflion on the oath of one credible witilels, befdre any- one <^ His Majefty's Juftices of tl»f peace withiii the tbwn oi' precind' where the offence fhall be commit* ted, or fuch other proof as Taall be to the fatisfaction of fuch Juftioe^ and to be levied by war* tint of diilrefk aridfalc of the oiTendcr's goods and chattels, under the band and feal of the &id Jufticti, and for want offuiKeieni diftrefs, fuch Jufti'ce flul' and may ^oinmit (uch offen- der to His Majefty's gaol, thert to^ remain f^r'tbefpacepf one month, or till lieihall have^paid and fatisiied the fame, i^nd fuch fum fo levied {lial], by the faid Jufticc be paid into th^ hands of the oveufeers-bf the poor of thfetown or prtcincl where the offence (hall be comnditted, to be by thenj applied to the irfc of the poor, of fuch town orprecincV. :, <, IV. Pirovided fl/wTyj,* That nothing herein contained fhall extend to debar any refailer, innhol Jerj, ^avern or , alehoufe keeper,, from furniflung any traveller, -or boarders in his fa- mily, with neceffary refrelhments on credit. ' • ;/ , / ■ ■' • ... . ■ I . . ■ . .. -i A. ;.;,r.rt «.«■. .. - . - . • ■ . ■ . CAP. M. An ACT to enable the Governor, Lieutenant-Governor, or Com- /^irxmlie^wthe Hiander in Chief, to borrow tjie^ fum of Four Thoufand Five Notw extend to travelltrt, £cc. pone the payment for paying ofi" the Public t)ebts, arjd ^to poft- of Bounties and Premittftiffi*-^ ^-^ ' ^ ' ^ ' ' tanibli;. The Attorney Ceietiil to pro- fecute in behalf of anv Indians, for inji rics done them. CAP. III. ■ I , I, rjTcii. .-"••'/J'J! i!''i^;'>if'^<--i '- An ACT for preventing fraudulent Dealings in the Trade with the Indians. • ml int. WHEREAS vutny m'lfchiefs may arifc by frmids and other injuries, in the trade with the Indians of this Province : And loijcreas the faid Indwn. ore rnactiuaintcd-'Coiih the laws ofihirpr^ vincc, and in what manner they are to proceed in ordi,r to do themf elves ri^lrt ;' Be it ena&ed, by the Lii.uiaun:t Govinwry Couinil and Ajjhiihh' yTkit the Governor, Licutenarit Govtrtlor, or Com- mander in Chief, upon complaint of any Indians within this province, made to \\im or ei- ther of them, that they have been wronged or cheated of their furs or any other merchan- dize, or in any other their trade and dealing with other His MajeUy's fubjects ; that the Go- A^^o cnnt! nil- tin lurtliLT ri;i'ii- Utior.b bc nude. or iiis Al.ijcltyjs Courts ot Kecordm a lummary w;iy, as the laws d) direct, and lucn prole- cuiion fii.iU I,c decnicd legiil, and judgment and cxcculicm fliall iifuc acctn'dingly. 11. 1 !)is Act to continue and be in force until liirther regulations relating to the trade with t!ie liidi.ms ihall be made. CAP. ryfek' AtttiQ raetindo Georcii ill. CAP. IV. C. IV. 75 .■/; • • I* ■ ^ • ' ^ , • ...'.■■ ■ ■ . ' 'J ( - I i ■ J ^ , i i . Aft* ACT to prevent the Firing of .S^mbs, Rockets', Serpents, or • other Fireworks. B'E."it"'enaSledy by ibt Lieutendnt-GtnerttQrt Cpuruiland JJembfy, That it ihall rot be lawful for any i^rfbtis to make, or caufc to be. made, or fell, or expofe to (ale, any fquibs, rockets, ferpents, or other fireworks, or any caies, moulds, or other implements for the ma- king the fame, or for any perfons to j)ermit any fquibs or other fireworks to be thrown or fir^d fi-om their h<^fes, lodgings, or hab'.tations, or place thereto belonging or adjoining, into any public ftrect, road, paffitge or water, or for any peiffon to throw, or fire, or be aifift* ing in throwing or firing of any fquibs, or other fireworks into any public ilreet, houfe,' fhop, highway, road, paff^gs or water ; and that every fucK offence fluill be judged a conv mon nulfance. ' II. Be it further ena^ect. That if any perfons (hall make, or caufe to be made, or fliall give, fell, Of litter any fquibs, rockets, ferpents or other fire>vOrks, or any moulds or inftruments for the making of any fuch fquibs, rockets or ferpents, pr other fireworks, every perfon fo offending, and being thereof conViclcd before one of his Majefty's Juiliccs of the peace of the place where fuch' offence fliall be committed, byconfeffion of the party, or the oath ot one cre- dible witnefs, fhall forfeit the funi of forty {hillings j and that if any perfbns (hall throw or fire, or be aiding and ^fllfting in throwing or firing, of any fquibs, rockets, ferpents, or o- ther fireworks, into any public ftreet, houfe, (hop, highway, paffag-e, or water, every perfoa fo offending, and being thereof c«nvi£led as aforefaid. (haU forfeit the fuiii of forty (hil- lings ; and if any perfons (hal! permit any fquibs, or other fireworks, to be thrown or fired from their houfes, (hops, lodgings, or habitations, or. in any place thereto belonging, or ad- joining to any pubUc ftreet, rond or paffage, or any other place i every fuch perfon fo offend- ing and being thereof conviftsd as aforefaid, fliall forfeit the fum .of forty (hillings. The faid feveral forfeitures to be levied by diftre(s and (ale of the goods of every fuch offender, by warrant of the Juftice before whom the conviction (hall be made, the one half of the for- feiture to be to the ufe of the poor where the offence (hall be committed, and the other half to the ufe of them, who (liall profecute and caufe fuch offenders to be convicted ; and if faid perfons fo offending diall not, immediately upon their being convifted, pay to the Juftice before whom fuch convidion (hall be made, the faid forfeiture for the ufes aforefaid, fuch Juftice is hereby required and impowered, by warrant to commit fuch perfon to the houfe of corre. One half to th« poor, the other h;Jf to the in» tbrmcr. Exception as to th ■ Governor, Jcc Bonfires not ta be made within I- P AP? y. Juftices in Sefli- vns to appoint ten peifons to fcrve as Fire- wards fur Hall* Out. An ACT for appointing Firewards, afccrtaining their Duty, and fpr punifliing Thefts ind Difordera at the Time of Fire. I * ■ ■ ■ BE it enaffedy by the Lieutettant Governer, Council^ and AJfmblyf That it (hall and may be lawful to and for the Juftices of the peace for the town and county of Halifax, from time to time, annually, in their fefTions, to appoint fuch number of prudent perfons of known fidelity, not exceeding ten, in the feveral parts of the faid town of Halifax, and the fuburbs thereof, as they may think iit, who fliallbefworn &ithful)y to difchargeiii9irtruft).and|hall be denominated and called Firewards, and have a proper badge aligned to dilHnguiih them in their office, viz. A flaffof .fix feet in length, coloured red, and headed with a bright bra6 fpear of fix incheslong. II. And be it further enabled. That at the times of the breaking forth of £re in the faid town Duty andautho- or fuburbs thereof, and during the continuance thereof, the faid firewards fhall and are here^ wiu^. * "^'" '^y authorized and impowered, jointly or fcparately to command and require aflifis^nce for the extinguifhing and putting out the fire, and for removing of houfhold fiuff, furniture, goods and merchandizes, out of any dwelling houfes, ftore-houfes, or other buildings ac> tually on fire, 01 in danger thereof, and to appoint guards to fecure and take care of the lame : As alfo to require aifTiftance for the pulling down of any houfes, or any other fervices relating thereto, to ftop and prevent the further fpreading of the 6rc ; and to fupprcfs all tunmlts and diforders. And the officers appointed from time to time as aforefaid, are re- quired itpon the notice of fire breaking forth (taking their badge with them) immediately to repair to the place, and vigoroufly exert their authority for the requiring afTiftance, and ufing their utmoft endeavours to extinguifh, and prevent the fpreading of the fire, and to prefcrve and fecure the eflateand efTe^b of the inhabitants ; and due obedience is required to be yielded unto them, and each of them accordingly for that fervice : And for all difo- Any perfon dif-^^ bedience, neglect or refiifal in any perfon, information thereof fhall, within two days next deit at tiie time thereafter, be given to any one of His Majefty's Juftices of the peace for the faid county and town, and upon conviftion thereof, before any two of the Juftices aforefaid, each and every perfon fo convicted fhall forfeit and pay the fum of forty fliilHngs, to be levied and diftri- buted by the direction of fuch Juftices, among the poor moft diftrefTed by the fire ; and in cafe the offenders arc unable to fatisfy the fine, then to fufTer ten days imprifonment. UL And be it further enured. That when any fire fhall break out in the faid town of Hali- fax, or the fuburbs thereof, two or more of the niagiftrates or firewards of the faid town fhall and may, and are hereby impowered to give directions for pulling down any fuch houfe or houfes as fliall by them be judged meet to be pulled down, for the ftopping and preventing the further fpreading of the fire ; andif it fliall fo happen, that the pulling down any fuch houfe or houfes by the direftion aforefaid, fhall be the occafion of ftopping the faid fire, or that the faid fire fhall ftop before it come to the fame, that then all and every owner of fuch houfe or houfes fhall receive reafonable fatisfaction, and be paid for the fame by the reft of the inhabitants of the faid town and fuburbs, (to be accounted from the river called the frefh water river, to Mr. Maugcr's diftilling houfe inclufive) whofe hoyies (hall fiot be burnt, in the manner hereinafter prefcribcd, (That is to fay) the owner or o>vner8 *)f fuch hoaie or houfes fo pulled down and entitled as aforefaid, fliall as foon as may bo, make application to the firft Juftice in the cCmniifllcn of the Peace for the faid town and county, or in his abfcnce to the next named in thefiid connnifTion, who is hereby impower- ed tociJl a fpjiciaj icflicuis of the Juftices, who fliall meet at the time appointed; and the court btii.g fatisfx.dj b^X'uch proof as fliall be brought, of the jafiice of Uic daimi made, tliey of fires, foifeit 'woMagiftrates Firewaids, ,y order anv fe to be pul- down, to ip (tiC fire. Owners offudi I'll Hoults to luve ll (a.ii iiciioii, LvT Bi ' aa iiiicfl'meiit d e// tlie lohabiianti i/ if' ^ ftjG^ Anno fecafido Georg ii in. C. VKV«L ^1 4hey flull then iflue an order for a valuation of the damages fo fufta'ned, to be made by- two or more indiiferent perfons, who fhall make a return of their proceedings, upon oath, into the (aid court by the day affixed, whereupon the court flull appoint two or more aiTcU fors, y/ho fliall tax the houfes of thc&id inhabitants that have not been burnt, at fuch rat»or rates as fliall by them bethought juftj-^in proportion to the value of the houfes that arc to be taxed, for paying the faid damages and the charges of valuation, taxation, and colledion, together with the other fees of the court, to be fettled before the making {iich afleflinent ; and the faid afleflbrs are to report their proceedings to the Court alfo upon oath. And the faid Court fliall thereupon iflue an order for cblledling ihe monies fo taxed, and in cafe of non payment the fame to be levied by warrant of diftrdfi to be obtained from any one of the (lid'juftices, upon appncationtc him by the colleAor or colle^ors of the laid tax>: And as foon as the afleflhients are fo collected, the Court fliall order payment to be made to the , party claiming, according to the report made and approved of the fiid damages ; as alfo . the payment of fuch other charges as aforefaid. TV. Provided, That If the houfe where llie'fire did begin aiid break out, flmll be adjudged Nofati$6ftioB fit to be pulled down to hinder the increafe and further fprcading of the fame, that then the |he houfe whem owner of fuch houfe fliall receive no manner of ^tisfaftion therefor, any thing herein contain* ^^ ''■'<= ^i:*"^ ed to the contrary notwithftanding. V. And be it iikewife ena£l€d, lliatif any evil minded wicked perfons, fliaiU take advan- Stealing »t the tage of fuch calamity, to rob, plunder, purloin, embezzle, or convey away, or conceal any jo1!ywitho« *" goods, merchandizes, or efleds of the diftreifed inhabitants, whofe houfes are on fire or en- ckrgy. dangered thereby, and put upon removing their goods ; and fliall notreflore and give no- tice to the owner or owners, if known, or bring them into fuch public place as fliall be ap- pointed and afligned by the Governor and Council, within the fpace of two days next after proclamation made foi that purpofe, the perfon or pcrlbns fo oflend'ng, and being thereof csnvidled, flull be deemed felons, andfu£Eer death, as in '%. w rcrfons oScrin^ toiiib, deficient bvrtl'i fiiiffit th« fame, and loy. Crandj'.irvi at fi:il Selfions, nn- nu;\lly,toap;)oia: gauge s, cullcis, and faiyeyors. Anyp.v.foTcRj- fmg to iervc for- feit 4CS. Caiigfrs no* to Bi:irli defec'cive aM of one kind^ weUiTivcd, fwcet, tree from ruft^ and clofc pickt, the baricU tight, andfuU offweet andilrong pickle. Tlmt herrings ba free from oil. That merchantable codfifhhavc tha qualities that make them foiw Newf undland. That all hogihead ftavcs be fix inclica broad, three quarters of an inch thick at the thip edge, and forty irtchfes lon:,i • That iKirrciHavcs be four inches broad, and half an inch thick at the thin edge, and thirty itic hes long. That barrd (lave* fop the Irifli market ba thirty inches longj- five inches broad, clear of fap, and three quarters of an inch thick at the thin edge. i'hat hogflicad hoops be fifteen feet long, fubftantial and well-Oiavedj and three quarterf of an inch broad at the fmall. end. • That, barrel hoops be nine feet Ifing, and half an iiich' broad at the fihall end.' That boards flxall be full one inch thick. That fhingles be eighteen inches long at Icaft, four inches broad, apd half an indt thick at ' the thick .encL, That clapboards be five inches Inroad, half ?.r- inch thick^at the biwkv and Jour feet four inches long. That cord wood be full four feet lon^ eacji ftick, accounting half the carf, the pile to be ■ folid,'four feet high, or ^n allowance fur wants, of eight feet long, and ea^h cordibund hard > wood, II. And be It further enafied. That all' birrxh' ufeJ- foir fflh"^ within this' •p(fO!vincc,{hall be madeoffownd well, fcafoned timber and free of fap, and that fit perfons be appointed from' timelo time in all places needRd, to view and gauge all fucli barrels ; andfuch as fhall be found tight: and uf the alHsK before mentioned, fliall be marked with the Gauger's mark, , who (liall have for his- pains eight pence per ton ; and every Cooper fhall make his barrel^ of the a.Tize aforefaid, and fliall fct his diftiucl hrand maxk-on all barrels fo mad<^ by him, oiv ; pcRalty of forty fliillings for each ofFcnce; • IH.. And be it iilfi £WilfJ,An<\ whofrievcr fliall put to fale any barrels new tnadc up from old ' ftulf, being deficient either in workmanftiip or timber, upon proof thereof made by one fuf- ficicnt witncfs, before any oncof llisMajeftyVJuftices of tho Peace, he fliall forfeit fuch bar< • rcls, and be fined and pay tne funi often fliillings fbr -every batrel that fliall be fo found. defective, or Avail fufFer ten days imprifonment for every fuch- defecHvc barrel. . Provided^ , the faid imprifonment do not in the whole exceed the term cf three months. . IV. And be it cnaOed., That the GMind Juryfor each county within the province, fliall an- ■ nvially at the firft General Quarter Seflions in the year,, and before the rifing of the Court, . noiniaate and appoint fit perfons to ferve in fuch towns on- places where the fame, fliall be nep ceflary, as Gangers' of caOcs or barrels, CuUcrs, and Survcyoss of dry and pickled fifli, boards, . ftn^cs, fliipglcs, clapboards, hoops, and cord w€>od,andihall report to the faid Court the names vorn Sur- veyor, who lliall take Uriel care that the fame be in all refpects agreeable to the regukitions herein before fpecified, and Ihall and may open the head of any one barrel the buyer Ihall chufe for that purpole, and fuch as lliall be found good and merchantab''^ the Surveyor lliall markvidthtucli brand mark, as lliall be afligncd to him by the faid Court, and fuch oiIkt cut mark as may denote the kind of filh and timtA^'hen packed. And if any mailer of any fliip or vellel, or any officers or mariners bekftiging thereto, Ihall receive fuch pickled fifli, not marked and branded as aforefaid, on board any of their Ihips or vefi'els, lie or they who fliall cflcnd therein Ihall forfeit double the value of all fuch filli, and he' or they who ihall own fuch filh Ihall forfeit the fame, or the value thereof. And if any Cooper or other ■peifon Ihall fliift any Clh,«ither onboard OPted, and Ihall hive ore penny per quintal for every quintal of fifli by him fo culled, and fdur pence per nrfHc for hia tr.iv-el, to be paid by the owner or feller ; and fuch Chiller Iballgivc a ccrtilic;itrc under his hand Ip.ci- fying the quantity of fi ih fo by him culled, «nd the name of the owner, feller, or ihippcr there- of, .and of the time and place whereoill^d, and if any dry cod-filli fhaU be put to fale, or ll.ippcsifor cxportatirti, without ha\'ing-been fo culled by thr Culler, or AvUhout fiKh tcitiii- cate thereof as before direvled, tlie llimc Ihall b . forfeited, c«- tlie va^-ue thereof, •;}• the fclL-r . or Ihipper of the fame. IX. And be it alfo cntf^cd. That all boards, plank, tim"l:cr and Hit A\T>rk, that lliall be Jni- ported or brouglit iui- file to any town witliin tl>is prmince, or cxpcnted from thcrte to any foreign n;aihct, Ixfbrc their delivery on fiilc, lliall be vicwi d, Ivrvfvcd, and alio ir.ca- furcd, by one of the Surveyors thereto f.ppoin ted, (where he iliwli have uny doubt of the on penalty of lot for each coik. Surveyor! of pickUd'flh ret to naik any tut fuch as a! t ;Ad' Their fees. ■^iclUd fiili nbl nt; uiit(.itei'.iii!{ thi: fuiT-yor's ro.irk. Cii'I.Ts of dry c ul fidi, 'I'iieii duty and fees. If.iry Lrh rih bo put t;> tuie or fhi;ipcd lor ex- po, uriou, with- out ih.' c.llei'* c.iti!j.-it,-, tiij l.iPx- to be fjr- K'liJil ur the \;i- luc. Si^iTO'ors of I. ;:iib;r, uitir duly, If; $4' and feci. Boards ke. deli- vered or (hipped for exportHtion, befoTK they are mtirkcd by the fuivoyor, to be f.jrfcited, or the TaIuc. Skiofilei And clapboiirds ded-, cicnt in number to, be forfeited, if deficient in quality, to be WIDU c. viir. A*nno iecando Georgii lilt tyGM AB boards, ,&c. <'xpolicd to fale or Ihipped for «spo:t:ition, vithot-.t furvey, to be forfeited, or the value, by the fcilet or Oiip- per. llogfheadftaves, hoglhead hoops, &c. deficient m quality to be tiycrnt. Staves andhoops delivered upon fule, or (hipped for cxpoitat on, not fiirveyed, to b« forfeited or tlip value, by the fiiler or (Lipper. mcafure) having confillention fur drying and fhrinklng ; alfo fliall mark anew all fuch . the juil contents, making allowance fur rots, fplits and wains, the feller to pay the ofUcer four pence per thoufand feet for viewing only, .and fix pence per thoufand feet more for mcafuring and masking ;. and fo in proportion for aJefl«c quantity than a thoudmd feet, and four pence per mile- for his, travel as aforcfiudc.-.And no boards, planky timber, or flit work,..ihall be delivered upon fale, or fliippedibr exportation beyond fea, before they have been viewed and furveyed by the Surveyor, and by him found anfwerablc to the defcripti* on in this Ait mentioned ^anclalfomeafurcd(ifnccafion be) andtnarked a' ew by one of the officers thereto appointed i on pain of being forfeited^ oritht value thereof, by the feller or {hi{)pcr thereof. X. And be it ena^edt'ThsA all fliingles and clapboards expofed to fale by quantities in bun- dles, that do not hold -out the number they arc marked for, unlefs it ihall appear that fome* have been drawn or fhaken out of the bundle, after packing, fhail' be forfeited ; the charge*' of fcarching and telling to be paid thereout. That every bundle of fliingles and clapboards: - that,- accordii^g to tht-judjgmcnt of -the Survey oiv will hold out eighteen inches long, four inches broad, and half an inch thick, agreeable to- the dimenfions by this AA prefcribed for fhliigles, .and if clapboards, five -inches broad, half an -inch thick at the back,, and four feet four inches-iong, being> the dimenfions by -this A^ prefcribed for 'clapboards, ihall be'-' accounted merchantable, all that are otherwife to becuUed out and burnt^ till what be left of < fuid bundles will bear the fame proportions before prefcribed according to the judgment of* the faid Surveyor, who ihall have for his fervice, i£^ fhlngles, two pence -per thoufand;.' if clapboards, two pence per thoufand furveying, andt»ne penny more -p^s thoufand tellings ' to be paid by the owner or feller^ where no forfeiture is found foe wwnt of tale to fatlsfy fuch charge,- and for-every thoufand he culls and. binds up ag:)In, fix -pence per thoufand, and proportionably^for a leflfer quantity, to > be paid by the owner or feller of the'faid fliingles • or clapboards, returning the remainder to the owner, if any be, after the charges are paid. XI. Jnd beit alfo ena3ed. That if any boards, plank, timber or flit work, or any fliingles or clapboards flull be expofed for fale, or fliipped for exportaitiott, without fuch furvey as above direcleJ, had before the dcllvery.thercof;: the whole of fuch boardt), -plank, timber, ilit work, - fljingles or clapboards, or the value thereof, fliall lie forfeited by the feller or fliipper. ■ XIK And be it-furtber enaflcd. That all Jiogfliead ilaves,- barrel ftaves, hogfliead hoops, and b-arrd hoops, that ihall be imported or brought for fale to any town . within this province, ■ or. exported from thence to any foreign market, before their delivery on fale fliall be view- ed and furveyed by one of the Surveyors thereto i^>p(Mntcd,.wha Ihall take. ftrift care that ' the fame be fevcrally conformaUe to the direiflions of this A(5t } and -that all ftaves and hoops, thai according to the judgment of the faid Surveyor, fliall be agreeable to the direftlons of i this Act", and none other fliall- beaccountcd mercJiantable-, and all that flull be found other- wife to be culled out and burnt, till what be left will bear the feveral proportions by this Aft prefcribed, according to the judgment of the; faid Surveyor, who fliall have for his fervice, if ftaves, fix pence per thoufand, if hoops, three pence per thoufand, to be paid.by the feller. XIII. And be it alfo wwtfZf^j That all hoops expofed toiale by quantities, in bundle*, that do not hc^d out the number that tliey ace fi>expa(ed to fale for, uniefsit appears that fome are drawn .or fliakcn out of thebundle after, poddng, fliall be forfeited ; the charge of furveying ° threepence per thoufand, and three pence per thousand telHng, and fo in proportion for a lefler quantity, being paid thereout. And if any ftaves or hoops fliall be delivered upon fale or fliip- ped for exportation to any foreign mark';t,ibeforc they have been fui-veyed by the furveyor, and by him found to anfwcr the defcriptions in this Act mentioned, the fame fliall be forfeit- ed, or the value thereof, by the feller or fliipper thereof. XIV. Andbcit further cnaQedy That all coid wood expofed to fale, fliall on the fale, and bc- fora. fjSk Atitio fecundb Geor jn III. c: rx. 9^ f;$, then to be levied by warrant of (Hftccfe and fale of the offender's goods and chattels, under the hand'and ifeal of any one of His Majefty's Jufticcs of the Peace, the furplus, if any be, after paying the officer's fees aiid charges of diftrels- and file, to be re- turned to the owner of the faid goods. - XVI. And he it further etuUledy That an oath (hall be adminiftred to the feveral officers that (hall bechofen tn gauge, ^vey :uid fearch the feveral articles in this Ad mentioned, in the following form, viz.- YO\} fweoTt that you will from time to time diligentty and faithfully dAftharge end execute the office Iajcfty s Reign ; being the TWrd Scffion ,of the Third General AfTembly convened in the faid Pro- vince.* • In thctiiTie of Jonatfisn Bc'chir, asProfiJeW of the Conncil, GoTernor, John Collier, •Speaker «if Hie Cnuncii, }Kli' liamXciliit, 8pfaly<:r of die A{lcrably,JuLn l^Hpoit, SccrvUiy «f.C«uncil> ArchitMld Uin(hul\¥ood,and Jfaac Dclcbamp^i (Klerks of AffcmUSy. CAP. h An ACT for the relief of the Poor in the Town of Halifai?. •• ' I ■' n> , J . >.' .. 1 . Ul' I ■ CAP. II. mSI'S An act for regulating the proceedings of t;he Co^rts of Judi- cature. Cll. /Cr vCAP. fM' Mrte ^, teitib CEonon Itll' orni A cf;i!r:v; »7 An ACT to prevent Frauds in the fcllino: of Beef,' Pork, Flour, a^i in .mend- ami Bifcmt, or Ship Bread m Calks. tion of twi Ad* ' * 4th. and 5th. Geo. jd. cap.4» • »..«, , ,r »9ih'Geo. jd. C.ip. 4.>aad the repeal eOnfratd by Ibi MublicatiQrt Kc»eef irti ilour, bifttift, or fliip bread, th tt iUidl be iuld, Uirtercd, or cxdanged within this province, fli^ll be io fold, bartered, oi' ejcchatlgpd by weight only, anil in no oil>cr way or matinet /hatfoever. III. Ami keit further enaiitdy That ao pcrfon or perfims whatfoever fhaU hereafter prc- fume to fell, ba^-tcv, or exchange ^ny flour, bifcuit, or fliip bread* by the caik,\ or in any o- tlier manner whatfbever, other than by weight a» ab(?ve dire6lcd< 00 pain of forfeiting all iiich floury btfcuit, or ihipbr^ad, fo f(>ld«'b;u-terpd or exchanged r contrary to xht intent and meaning: of thin Act i And every pcrfon or pcribn$ pirending, herein' and Ijeirg convifled ttkcrcof, fliall akb further forfeit and paythc fum of twenty flllllings for *very hundred Vcight, andfo in proportion for a gf cater or Ids (jUantity . of fu«l| flour, bifcuit, or fliip bread, fo fold, bartered or exchanged; to be recovered, togctlier withcoftsof profccution, an the oath of one credible witnefe, before any two of his Dftajcfiy's Jufticcs of the Peace for th? county where tb« oAbnceQtall bo coniinitteti' ;^ IVj And be it further ena^tdi That aW forfeitures and penalties incurred and arifing by this Aft fliall be applied and dif|X)fed of in manner following, (that is to fay) all flour, bifcuit or flifp bread, which. fl\all br forfeited by virtue of this Aft, ftwil be applied to tftc u^ of the poor of tlie tP.w:n prpl. 3 wher? the oSbncc ihaU be auiuiaitted ; and all and every oth«r penalties incurred by ( .is Aft, ihall be applied to the ufc of the perfon or perfons yrho fliall inform and fue for the fame. V. Provided always. That all profccutions tobe-brou^ht by virtue of this Aft, fliall be com- menced within ten days after the oti'cnce committed. Ftotir and bircuTl^ to be luid by weight. If fold in any o. thcr manner, t* be i'orfeitid. and theofforder to t'otieit aoJ. tbi tvcry cwt. Conriftion be. ibre two Juftice. Application of furtciturci and pcnolucs. Profccution to l>c witliiu tea days. CAP. iv; Ah' ACT inr further addition toy artdv amend iTT^nt of an A£l, enti- Expired. tied an Ad: for fupprefiing unlicenfed Houfes, and for granting to His Ma jelly, a Duty on Perfons hereafter to be licenfed. CAP. V. Ah ACT for altering- and amending feveral A!t|, Spukcr tii tlie A/<7, en- jI V titled. An Ad for appointing Commiffioners of Sewers, made and paifed in the thir- ty fourth year of His late Majefty's Reign, are not ftifficiently Unpowered by the faid Ad to reco- ver from the fcveral pcr/om negleding or refujing to make payment of his y her^ or their parts or pro- portions of tbefumsfety and ajfejfcd by the faid commiffioners for the repairing or making the dykes, and drains necejary, for the prefer vation of the lands thereby rendered profitable ; Beit therefore enailed by the Lieutenant-Governor, Council and /1Jembly,']Lhit upon complaint bei;ig njadeoo oath, before any oiic of His Majefty's Jufticcs of the Peace, for the county, where fuch complaint lies, by the coHcclor pr collectors appointcjl by the comnijCioncrsof fewers, for thecpHedingor ga- thering the afleffments made by the faid commiflioners, the faid Juftice, upon fuch complaint is hereby iinpowcred and authqrifed, to grant a w arrant under his hand and feal, dire^cd to any one of the confiables for t4ie c p. 4. i6tli r.e». .^d, «d ielltoD, cup. T. PreiinilJe. Ri»er fifliery to I c irgul;(tcd by the Jufticej in tiicir quarter icUivns. rerfoni tranf. g:eOirg ihtle le. gulotioni to for* One half to the iufoi mer, the u • ther to the poor. A.^ to cotilinae two ycaii. CAP. in. An ACT to enable Proprietors of Lands to aflefs and difcharge the expcnce which has accrued upon dividing their Lands, by virtue of a former Law ci£jtb;is Province. This Aft was made after the Aft oTlbe 3 ;d. Geo. id, jdfcUion, cap. ?, had been re ealcdbyhis Majsfty in Coonci|v and hiJviiiR only for'its objcrt to enable pcrlois nhohad aded undci Uiat a^t,wl)iltini'utcc, tu rccuvei,ilieu cxpvnce, it hits lung fince been executed and thciefare uuly tlie title is now printed. * . ^ <:Aa . C. IV-V. Anno tertio et quarto Georxsiz III. CAP. IV. 1765 An ACT to impbwer the Province Trcafurcr to borrow a fum, not exceeding the fum of Four Thoufand Pound r, for paying off This Ai5t has bc'.n executed, hSrrowcdrepiuiL Bouuties, Prciiiiums, and other Debts payable by the Laws o* this Province. feWons chnrged in execution may apply by pcu- tion,to thcCourt from whence I he prooeis ifiacd.or two Jultices ID vacation, to be (lii'ciurgcj. •n givinj an ac- count ofthe'T leiil and pcrfonal cftate. TheCourtorJuP. ticM to make *a ©rilerto call ll.; creditors bt;fuie them. If crcJtt^irs fail to appear, the the Court or J jf- tiees majr tx- aniinc into the ■utter of liie fciition, nii-.j 'cthdf; an ( ath 10 tlie priib- ,i>'r. The oath. ^ CAP. V. An ACT for therelief of Infolvent Debtors. BE it ena^ed by the IhmrabU tie Lieutenant-Govermry Council and A fcmbly. That from and . her the end of this prefcnt SeQion, if any perfon or perfons new charged, or who fliall or may hereafter be charged in execution forai>y fum or funu of money, and fhall be mincled to deliver up to his, her, or their creditors, all liis, her, or their effects, towards the fatisfac- tion of the debts, wherewith he, ihe, or they ftand charged, it fliall and may be lawful to and for fuch prifoner to exliibit a petition to any of the Courts of Law within tlie faid pro- vince, or during the intervals of the fittings of fuch Courts, to any two of the Jufticcs of any fuch Courts, from whence the procefs iffued, upon which he, flie, or they was or were ta- ken or charged in execution, certifying the caufe or caufes of his, her, or their imprifon- ment, and an account of his, her, or tiiclr whole real or pcrfonal eftate, with the dates of the fecurities wherein any part of it confifts, and the deeds or notes relating thereto, and the names of the witneffes thereto, as far as hi;, Ver or their knowledge extends therein; and upon fuch petition the faid Court or the faid two Jufticcs may, and arc hereby required by jrder or rule of the faid Court, or by order under the hands and feals of the Ciid two Jufti- ccs, to caufc the faid prifoner to be brought up to the iaid Court, or before them the faid two Jufticcs, and the feveral creditors at whofc fuit he, fhe, or they ftand charged as afore- faid, 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 he appointed for that purpofe ; and upon the day of fucli appearance, if any of the creditors fummoned refufe or negled to appear, upon a:ffida- vit ( *^\c due fervicc of fuch rule or ordc- of the faid Court, or order of the faid two Juf- t* .^0, the faid Court, or the faid two Juftices, flvall and may, in a fummary way, examine-into the matter of fuch petition, and hear what can or fhall be alledged on either fide, for or againft the difcharge of fuch prifoner, and upon fuch cxaminati^ the faid Court or the iaid two Juf- tices may and are hereby required to adminifter or tender to the prifoner, an oath to the efTcit following, which oath the faid Court, or the (aid two Juftices aro hereby impowcred to adminifter. I A. B. dofilemnly /wear in the prcfenct of Almightj God^ that the account by me delivered i»i$ in my petition to doth cofttain a true and full account of all my real andperfonal eftate^ dcbtty credits^ andeffclls tvhaifo- ever, •which I, or any in trujlfor me, have, or at the time of my faid petition had, or am, or was, in any refpe6l entitled to in poffeffton, remainder or revcrfion (excfi, tfieiu^j'ing apphrd and bedding for me or my family, and the tools or in/lrumettis of my trade or calling, not exceeding ten pounds in the tvhoUj and that I have not at any time fince my imprifonment or before, diredly or indire6lly, fold, leafed, af f.gncd or other-wife difpofed of, or made over in tritft for myfetf, or otberwife, other than as mentioned in fuch account, any part of my lands, efiate, goods, flock, money, debts, or other real or perfonal eflate, •whereby to have or expe£l any benefit 9r profit to myfelf, or to defraud an^ of my creditors^ to luhoin lam indi'bud, — Sq help me Cod. ' U* «7^3 Anno tertio et quarto Georgii III. C.V. 9» ne delivered ini$ II. jfnd be it further enafledy That in cafe the faid prifoncr fliaU in open Court, or before the faid two Juftices, take the faid oath, and upon fuch examination and his or her taking the faid oath, the creditors fliall be fatisfied with the truth thereof, the faid Court or the j&id two Juftices may immediately order the lands, goods, or cflfedts contained in fuch account, or fo much of them as may be fufficient to fatisfy the debts, wherewith he, or flie is or Ihall be charged, and the fees due to the Provoft Marshal of the faid province, and the keeper of the goal or prifon from which the prifoner was brought, to be by a fhort cndorfement on the back of the faid petition, figncdby the prifoner, afligncd to the faid creditors, or to one or more of them, in truft for the reft of the (aid creditors, and by fuch aflignmcnt, the eftate, intercft and property of the lands, goods, debts, and efFcftsfo affigned, fliall be vefted in the perfon or pcrfons to whom fuch afligiunent is or flwdl be made, who riay take poffcflion of, or fue tor the lame in his, or their own name or names in like manner as aftignccs of com- miflioncrs of bankrupts, to which fuit no rcleafe of the prifoner, his, or her executors, or ad- miniftrators, or any truftecs for him or her, fubfequent to fuch aifignment, fliall be any bar ; and immediately upon fuch aflignmcnt executed, the faid prifoner flialL be difcharged out of cuftody by order of the laid Court, or of the fu'.d two Juftices, and fuch order fliall be a fuill- cient warrant to the Provoft Marflial, Gaoler, or keeper of fuch prifon, to difcharge the faid prifoner, if detained for the caufes mentioned in fuch petition and no other ; and he, is hereby 4requircd to difcharge and fet him, or her at liberty forthwith without fee : nor Ihall fuch Provoft Marlhal, or Coaler be liable to any a^on of cfcape or other fuit or information upon that account, and the perfon or perfons to whom tlie'faid efiefts fliall be afligncd, paying the fees to faid Provoft Marlhal, Coaler or keeper of the prifon, in whofe cuftody the party dif- charged was, fliall and are hereby required to divide thf elTefts fo afligned among themfclves and all the perfons for whom they fliall be intrufted, in proportion to their rcfpcftive debts ; but in cafe the perfon or perlbns at whofe fuit fuch prifoner was charged in execution, or any of them, fliall not be fatislied with the truth of the oath of fuch prifoner before the two Juf- tices aforelaid, and Ihall dclire further time to inform himfelf or herfelf of the matters con- tained therein^ and fliall inlift upon his, or her, being detained longer in prifon, at his or their fuit, then the faid Juftices fliall and may remand the faid prifoner, and direft the faid prifo- ner, and the perfon or pcrfons diflatisfied with fuch oath, to appc?r before the Court whence the procefs ifiued as aforefaid, at a certain day during the fitting of the fiid Court tlien next following fuch examination, and to be by them at that time appointed, for the further ex- amination of the matters contained in the faid oath ; provided the faid perfon or pcrfons fo diflatisfied, do agree by writing under his or their hands, to fupply and allow weekly the full quantity of eight pounds of good and wholcfome bifcuit bread per week unto the faid prifoner, to be fo fupplied and allowed the firft day of every week from and after the time of fuch prifoner's being fo remanded, until the faid day fo ?.ppointcd for the further examination of the truth of the matters contained in the aforefaid oath before the faid Court as aforefaid ; on failure of the fupplying of which weekly allowance at any time, llie faid prifoner Ihall forthwith upon application to the faid Court, or to the faid two Juftices, be difcl; '-r d by fuch order as aforelaid ; but in cafe the faid prifoner fliall refufc to t ukc tJie oath before the faid two Juftices, or having t.di.on the lame, fliall be detC(S.ed of falfity therein, he or flie fiiall be prcfcntly reniandod. III. And It italfo enafled. That fuch judgment, relief, and dircclinns by the faid two Juf- tices, fo to be given as aforefaid, fliall be as cjood and elFcdual to all intents and purptjfes, a.i if the fame had l;een inade in the Court outof wliich tiic procefs iffued, on v. L.:.!i (lul; p.ifo- ner was taken in execution ; and the like proceedings fliall be Lad thereun<)n, and a lecj^rd of filth judgment .fliall he made up in the fame fona, and retuvi>cdj ,ii«^vl..." %i^-^uud.T the liands of fuch tv/o Juftices before vhou it lUall bc.^y^ds, unto the court frljai J^aciv.c , tlie * proccli If tlie ereUitou •re fatisfied of the truth of the prifoner's oath, the C>'UrtorJuf- ticcs may order the lands, Sic.t* be afTigned ta ueditoii, tnd t]ie prifoner to liediichHrgool. Prifoner's lands, &c. to be di7i- di;d among tlie creditor*. If creditors are not faisfied of the truth of the prif )ntr s oatli, bftiire the -two JulHces ; the prifon*.!' to be rciiianded, and the matter fur- ther f nquiredby the Couit, and fuch ercdii tors to allow the priloner eijht pounds of bit cuit pci week, in the me;in tirne, on failure wl\erc- of the prifoner tobedil'>:hiiiticd% Proceedings of the'r\»i)Ju''.!Ce« to be crUchiil, and J rc,:"rd ll-.creot'(o Iw in.rl.'iiid ictum* cd to tii< Court. ■i*'.. 9i C. V. Anno tertioct quarto Georgi I III. *76i If upon ths pri- foner'j appcnr- ift(? before tliR Cuurt, the credi- tors ih'iU nut ap- pear, or flijw a probKbilitv, that the pnfonerit foil'worn.&c.the prKbner to be (fifchwged, un- Icii the creditor infill on his bj- ing longer Je- Uinc'J.itad agree to the weekly al- luwaaccofjieiiH, on failure v/here- of, the piilortv:)- tobe dii'cliai^cii. Proceed'njs when th« prifon- tr petitions du- jing the fitting of iiK Court.. Tinwiirtiitcd H r priloners tp pre- icnt ,htl; petili- proccfs on which fuch prtfoher was taken in execution iffued, to be a record of the fiid Court, and to be kept as fuch amongft the records there. IV. Jnd be it further ena&ed, 1 hat if on the appearance of fuch prifouer or prifoners be- fore thefaid Court as aforefaid, at fuch fecond'day fo to be appointed by the faid two Jufti- ccs, the creditor or creditors of fuch priibner or prifoners dill'atisfied with the truth of tuch oath, before the faid two Juftices,- ffiallmake default in appearing y or in cafe te, (he, or they flilill appear, but Ciall be unable tx> difcover any eftate or eSecls oi the prifoner omitted'- in fuch his, or her petition, or to fliewany probability of his, or her, having been forfworn in the faid oath, then the faid Court fllall immediately caufe the faid prifoner- to be difcharg- edupon fuch aillgnment of his, or her eficcls, in manner as aforefaid, unlefs. fuch creditor or creditors do infift upon his, or her, being detained longc'r in prilbn at their iuit, and do agree by writing undel- his, her or their hands, to fupply and allow weekly the full quantity of eight pounds of good whokfome bifeuit' bread per week, unto the fiid prifoner, to be fup- plied and allowed the firft day of every we3k, io long as he, o\- (he (halL continue' in prifon. at his, her, or their fait as aforefaid ; on failure of the ftipply of which weekly allowance at any titne, thd prifoner (hall forthwith, upon application to the faid Court, or during the in-^ terval of fuch Court's fitting, to the faid two Justices, be dii'charged by fuch order as afore- faid. V. And be' it vna^ed. That in cafe on the appearance of the faFd prifoner, before any of th« faid Courts of Lawin this province, on his petition to them at any time during their fitting,, preferred as aforefaid,- the perfon-«r perfons at whofe fuit fuch prifoner was charged in exe- cution, or any of th^ra, (haH'not be fatisfud with" the truth of the faid piifoner's oath, at that time made, but (hall defire fiarther time to inform himfclf,^ or herfelf, of tlte matters con- tained therein, the faid Court may and'lhall remand the (aid prifoner, and direct the faid. prifoner,and the perfon or perfons diffatisfied -with fuch -tiath, to appear- at. another day tO' be appointed by the faid Court; fometime within and during their then prefent fefGons, for- that purpofc ; fubjeft in the mean time and until fuch fccond day, totte fame allowance to- the faid prifoner, by fuch perfon or perlbns fo' dilTatislicd with the faid prifoner's oath, and' liable to the like difcharge in ca(eQf default of fuch allowance as isherein before diree fupplicd' and allowed the firft day of every week, fo long as he, or (lie, (lull continue in goal, at his,' her, or their- fuit ; on failure of the fupplying of which weekly allowance at any time, the. faid prifoner (h-allr forthwith upon application to the Court, or during' the interval of fuch- Court's (ittings, to any twa-Juftices of the f.iid Co»xrt, be difcharged by fuch order as afore-J faid ; but in cafe the faid prifoner fliall rcfufe to take the faid oath, or having taken the fame,, (hall be dctefted of falfity therein, he or (he (hall be prc(ently remanded. •; VI. And tc pr'venf perfons icho may he charged in exctutionfr9m lying in prifon, until they have [pent their fubjianct. x^hirtivilh they Jhould fatisfy their creditors, and afierivards taking the benefit of th'-^ ASt,t^Krc th:v have nothing lre the laid two Juftices, within fourteen days next after fucii perfon fliall be fo diarged in execution : VII; Provided al-ways. That though the perfons 6f the debtor or debtors fo difcharged, fliall never after be ar relied for the fame debt or debts, yet notwithftanding fuch difcharga the judgment againft him, or her, Ihall ftand and remain inforcc, and execution may be taken out thereon againft his, or hev 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 her trade or occupation c xceptcd)- ia the Cune manner as- if he, or Ihe, had never been taken in execution for the faid debt. VIII. Provided (dfi. That if any perlim who fliall take fuch Oath as aforcHiid, before the faid two Juftices, or before the faid Court as- aforefaid, Ihall upon any indiAment for per- jury, in any matter or particular contained, in the faid oath, be conviclcd by his, or her own confcffion, or by verdift of twelve men, as he, or llie may be by force of this Acr, the per- fon foconvifted fhall fuffer all the pains and. forfeitures which by la^v be inflicted on tny perfon convifted of wilful perjury, and Ihall be liable to be taken upon any procefs denovo, and charged in execution for the laid debt, in the fame manner as if he, or (he, had never br*j; CAP. VIII. An ACT to explain and amend an A£t, made and pafTed In the thirty-fecond year of His late Majefty's Reign, entitled. An Ad £^c^''?ii!Sd * for making Lands and Tenements liable to the payment of debts. SiotaiSpriJ*. n ^- WHEREAS in thefirjl Claufe of an A£l made and pa fed in the thirty-fecond year ie 33^neo.iH. txp, I. and alfo fee 4«4' Geo. 3d. cap. 6. preamble. The workhonfe to be under the direction o< the Juftices in Quar- ter SelFioDS (ex- Ccpt three room* frrthe reccptioD cfihe poor, which (h.ll be Knder the direc- tion of the over- leers of the poor,) who (hall agree with keeper of the faid houfe, &c. &c. Three of the faid Jufticcs to have the iiiljicilion of the faid Hnufet one of whom (hailvifittlief.me once every week. Sick »■ d weak perfons to be lent to tlie work- faoufe, by the overfeei s of the poor only, to be there relieved. Tlie claufe rela- ting to the bind- ing out poor chililren, tu ex- tend thioughihe proviace. Anno tertio ct quarto Geo&giiiIII. i CAP. IX. C.IX-X An ACT, In addition toan Anft, entitled. An Aft for regulating arid . maintaining an Houfb of Correftion or Work-Houfe, within the town of Halifax, and for' binding out poor Children, made and pafTed in the thirty-third year cf Hit late Majefty*8 Reign. "^"^ TTIERE AS feviral inconveniencet -have arifenfor "want offtiffitient dire8itns being given in W fbe Aily merde and pajfed in the thirty-third year tf His late Majejly't Reign^ enlitledy An Aft for regulating, and maintaining anrHnufe of Correftion or Work Houfcv within the town of Halifa.x, and for (finding out poor children, totuhingthe regulating and governing the Work Houfe erefled in the town of Halifax^ and other matters intended to 'be provided for b^ the faid Jd ; Be it enacted by the Lieutenant-Governor y Cotmcil, and JJifiiily, That from and after the publicatipn*hercof, the ordering and governing the faid Houfe of Correftion or Work Houfe, fhall beinthc Juftices ofthe Peace in their Quarter -Seflion8,(exeeptthree rooms which fhall be rcfcrvedfor the reception ofthe poor, under the direclion of the Overfcers of the Poor) and the faid Juftices are hereby alfo impowercd to agree with any pcrfon to be maftcr or keeper of the faid Houfe, (excepting the three rooms before excepted) ujwn .the beft ternjs they can, for fuch time as they fhall think advifeable, pubKck notice being firft given in the Halifax Gazette for that purpofe ; atrd fuch mailer or keeper fliall account with the faid Jufticcs in Seffions once'in every three months, (if required) therdn plating as-well the ex- pences of attending the faid Houfe, as all the earnings of the fame. II. And be if further emi^fcd,'T\in the faid J uftices (hall nominate three of their Bench ,quartetly, to have the infpeftion ofthe faid Woi'k Houfe, one of which Juftices in rotation ftiall vifit the fame at leaft once every week, to fee that fuch perfons as fliaH be committed thereto, are kept diligently to work ; and to rcftify any abufcs that may be found in the management thereof. ni. And whereas, by the faid Atl^fick and weak perfons unable to work are direiled to befent to the foid Houfe of Correction, to be there tai[t/i care »f and relieved, which /ms been attended with great expence, for remedy whereof. Be it enabled. That it ihall^be in the power of the Overfeers of the Poor of the town of Halifax only to fend fuch fick and weak perfons to the Work Houfe, there to be relioed by their direftion, and the expence thereof to br defrayed out of fuch taxes, or poor's rate, as Ihafl'be granted and coHecled for the town of Halifax. IV. And whereas tlje clairfe in the faid A8, relating to the binding out poor childrea and orphans, it confined to the town of Halifax only, which if extended to the other towns in the province, might be attended with many pod effe8s. Be it therefore ena£led. That the <^iid claufe inlhe before recited Aft,; relating to the blinding out poor children and orphans, and all the direftions therein contained, (haU for the future extend, and be conftrued to extend, to all the other towns in this province. SKi-ired. CAP. X. An ACT in addition to an Ad, entitled, An A6b for altering and amending feveral Ads of this Province, relating to the Duties of Excife on Wine^ Rum and other dillillcd Spirituous Liquors • fold within this Province. .CAP. «7Sj Anno tertid ct q«attb^GEbR6ititl. C. XI-X^P. ^7 .,v/r An ACT for laying a Duty on Billiard Tables and Sliuffle Boards. Kpired. «« « CAP. .'Xlli'^ isbri'juU \xjVxiA J unlicenfed Houfes, and for granting Majefty a Duty on Perfons hereafter to be Licenfed. An ACT for fupprefli'ng unlicenfed Houfes, and fdr granting to His «« • n »-», . ■ r» r i r. _ ._ ^ _ L _ T ; r_ j Expired, CAP. XIII. An ACT for reviving an A a, mad^ 'and pafled In the' the thirty- ^^^^^^^ third year of His late Majefty's reign, entitled, an A£l for further prolonging a Refolution of the Governor and Council, revived and put in force by the General Aflembly in the thirty-fecond year of His Majefty's reign. . .^*M» -Jt'^^ CAP. XIV. An ACT for granting to His Majefty a Duty of Impoft on Loaf Expired. Sugar, Bricks and Lumber. CAP. XV. An ACT, in addition to an Ad, made andpaflfed in tlie thirty-third Expi,e<. year of t'is late Majefty's reign, entitled, an Adl for the fummary trial of A6lions. : :Ui .-w , At. a^ C r» .lAnnO:; quarto Gboro II in^ 17^' At the GENERAL ASSEMBLY, of the Province of Nova-Scotia, begun; and Holdcn at Halifax, on the 'firft day of July„Anno Domini 1761,. in the firfl year of the rjeign of Our Sovereign Lord GEORGE- the Third,, of Greatr Britain,. France,., andi Ireland,. KING, Defender of the Faith,. &c.. and there con- tinued by fev^eral Prorogations, until the Twenty- Second; Day of March 1764 ; in the fourth. Year of His faid Majefty*s Reign ; being; the fifth Seffion of the Third' General Aflembly convened in. the £iid Province.* * in the time •TMuntagae Wilmot, Oareraorf |ainMt<:in Bdehsr, Chief Jufllacttx! Prclident of CMoeil i William Neflu^v GAP^I.- JS.^^,!^ An ACT for amending Defeds in. Pleas, Procefles and Records. Ku Judgment, . Iic.tobcrcvtfftd for »ny Writ r»> zedutunctliiHtd.' The JudKCsnuy amend .ill dcfeiltt which it reMifpri' loooittieirclevlu Except Appealtt I I. BHC^Abf. C. . p. 95. Let. C. • Eng. Sut. s- Geo. I. c. 13. Wilts of Error nrying from the BE it enafled, by the Lieutenant-Gvuntur^ Council and Ajftmblyt Thafcfor error !h any record, procels or ■, arrant of attorney, original writ or judicial, panel or return, in any places ai theiamerazed/OrinterlinedyOrin any addition, fubftraction, or diminution of words, letters, fyikbles, or titles found therein, no judgipcnt or record fliall be reverfed or annulled, but the judges oC the Courts before whom fuch records andprocef»ihaU be depending, ihall have power to examine fuch records, procefs, words, pleas, warrants of attorney, writs, panels or return, by them and their.clerks, and tojreform and (. Hen. 6.*.. i». (from which this firrt fed I on is tranfcribed) gives remedy for amenilmem of ongiuaM- 'ita, proceifcs, &c. See the cxpofition of thi* llatutc in A.t ur Ulackamore'i caie, S Co. 156. a. The procefi is .-,1 wcl' i'mrnd- able after judgment a befoieb/ 14. Ed. j.c. 6.but tbc power of loieading records, $(C< isoulj[jaa£iiB«aceof Uieiudgr BbU, Occ. by 1. Uca. 6. c. it... ^ rf^ Anno quarto GeorgiiTII. CTT. ^ neil i William Vdbi^ id Records. fcft, may and fliall I)* amended and made agrewMe to fuch rrx-ord, by tl:e Court* where fuch writ «r writs of error, ori'uch appeals fliall be returnable^ ; and that where aoyvcr- diftfliallbe givcnin any action, fuit, WH, plaint or cicmand, inan/ of Ilw Majefty'b Coorti of Record witliin tliis province, the judgment thereupon flail rot be flayed or rcverfed for any dcfeft or fault either in form or fubftance (b\ in any bill, writ, original or judicial, or for any variance in fuch writs from the declaration or other proceedings. III. Prmi Jtd tuvcr/bcli/s, Thit nothinf;inthi* A<5t*ontuincd, fiiall extend, or be conftrued to extend, to any appeal of felony or nmrder.orto any procefg tij5on any indiclmcnt, prcilnt- ment, or informition, of or for any offence or niUlkmcanor whatfocver. (aj [I) Watcrfrls cfllmial to ItitgMf) the a.'Hcm cawiot be aired jiterireulift, ». Mod. •««. an(t^^^lati!t■^uSftill)ce muff fee Jrtcrmined ii»c»ery hiSIioii according to i» n.aure, and cvoty aiSiiun mutt L»vc allcffcntial* nccdliryMO nwinuin it. Cio. P.li/. ??»• , Want •Ffu'>-ft:inreinthe countw;»snotamend;iH(r, 1' ..'..lan'sciifc, 5, Co. 4.T» V\'li rcbv recoid it iipi>eai»tlut pit. had no c.iui;: of ation, it is not cured by tcrdii.^ for pit. 3. Co. 51. B. (i-) I. Hac. Abe. C. L. p. 9*. Let. C. I'.h,v Hat 4. Ann. c. 16. and 9. An. c. lo. lee. 7. CAP. II. An ACT for preventing abatement and difcontinuancc of Suits. BK itcna^cd by the Lieutennnt-Govermr, Cotinril and JJivib/y, That in all aclions to bC' com- menced in any Court of Record, from and after the firll dity of June next cnfuing, if .any plaintiif happen to dieafter an i«tcrk»cut()ry judgnicivt, and before a final judgment ob- tained thr ein, the faid aition fhali not abate by rcafon thereof, if fuch action might bcorigi- rally piolccuted,or maintained by the executors or adminiilrators of fuch plaiotitf ; and if the defendant dieafter fuch intcrlotutory judgment, andbcforc final judgment therein obtain. «d, the faid adion iliall rot ahatc, if fuch atftioii.miglit be originally profctutal,'or maintained againll the executors or adminiflratorti of fuch defendant ; and fuch court is hereby impowcr- *d to try the faid adion, and todeicrruneand give judgment thereon, in tlie f.nne manner as ■if the faid fuit had been commenced by, or againft, fuch executors &t adniiniftrators, as in right •of their teftators or intcftatcs.'t U. And be it further ena^hd., by the authority afrcfaid. That if tlicre he two or mnre pljihillfli •or defendants, and one or more of the.n fUould die, if the ca'.ii'b of fuch action (hall furvivc to the furviving plaintiff or plaintiiTs, of againft the furviving defendant or cL'.^endants, the Avrit or action fliall not be thereby abatCkl J but fuch d<;alh being fupjj^eftcd upon the record, the aclion fliafl priKced at the fuit uf the furviving plaintiff or plaintiUs, againlt the furvivin^ defendant or defendant*. III. Ami he it further enaBcd, Tl?at in.afl aAIons perfonal and real, or mi."irt, thedoath of cither party between the verdid and the judgment, (lull not hereafter be ailcdgod for error, fo as luch judginent be entered vi«itliin two terms after fuch vcrdir't.* IV. And he it fitrihcr eihh1>:J,bytfx authority oforcjuid^ 'I'hat where any juijf^rment afior a ver- dift fhall be had, by or in the name of any executor or adniii iftrator, in fuch cafe afi fld:iiini- ftrator^/t' hmis nm may fue forth '\fircfMi(U and take execution upon IulIi ju(!j;;inent. V. And he it further enaftcd. That no pi'occfs or fuit before any julHccs of AfTizc, Goal De- livery, Oyer and Terminer, Juftices of Peace or other Coninunionci-s, (ball be difcontinuoil by the making and publilhing ttf any new comniillion or airociation, orKy aktaing the naliies of Ihe Record may be amended. t \.n%. .St.it. iK. i.iiz. c. 14, 16, nnd 17.C1U:. » c. 8. I. Vem. ICO. J. <;ro. I. c. I.). Atttr viidi(5l 10 jiidi-nicnt (hall tc fta>cd, ficctbr an\ I.'ffc^tinany Bill, ».c. Not to txtird ro Appcils m1 Ulo< F.rR. Ttat. 8 afi'».ith of eithsr P.rtv Ii;:vi:'m V»:rdiwl i Jiuijj- nicnt. En,r. St,;t. 17. Ca.. j.c. ;< f.v-.j. J.i-1 ;.ii-.n; jbl.ia» c,l !)y a.j E-tccu- ■tjr. r.n;T. S, ,t. r F J. (S. c. 7 Uc i<. N ) S i.t b(^t"ire Juilicci i!i..ll be feOO c. iii-vir. j%nno quarto •GeorciiI jr.. ''7^4» Uifr-mifiiicrfbva ,i,g |uiiices of Afiljc, Cioz\ DcUvcrv, Oyer and Terminer, Judiccn of Peaco or oihcr Conimiu fioncrs, but fuch new Jiuftices ot Airj/.e, Go.iI DcHvcry, and of the Peace and other Commini- oners, iray proceed as if the foriTicr Conimidions, JuUicesur Conuitilliuners, had remained and continued without alteration. f'\ »nd munty rci).tid. BspireJ. Bxpired. l.xpircJ. iHpii'cd. CAP. TU. AN ACT to impowcr the Province Treafiircrto borrow a fumnot exceeding the lum of Two Thoufand Nine Hundred Pounds, for paying oft' Bounties, Premiums, and other Debts, payable by the Laws of this Province. CAP, IV. An ACT in further addition to an A^ made and pa (Ted in the third year of His Majefty's Reign, entitled, an Ad for altering and amending fevcral Adsofthis Pi ovincc, relating to the Duties of Excife on Wines, Rum, and other diitilled Spirituou* Liquors,, fold within this Province. GAP. V. An ACT for the afcertaining the times and places for the holding the General Scfii^ns of the P^acc, and Inferior Courts of Com- mon Pleas, for the feveral Counties in this Province. CAP. VI. An ACT, in addition to an A''l atij •Enpi.St.il. ifiand 17. Ca\; ».c. 8 fee. I. fiiwiil ilit.ch in II. 'J'l'-.l c. IJ. /llrl ihi^ Jf/giJ mil- tiy ■loinli to ic Jorni whi'k iL'crt to kXu'jlrin:-, and not mJ-iN-^ //.•■ rvnuTj'lu- tuiei. Ib whit Ciifcj jyiljnnont, after v.Ttlict, (hull no'. be ft»v'-\i for V ^tt uf form ia I'lcaiLug. 'I darcj, and the attorney for the defendant or tenant, (haH file bin warrant the fame term he appears ; upon pain of forfeiting unto our Sovcrei}^ Lord the King, the* i'um of five pounds, for not delivering the £ui warrant of attorney ; tu be recovered by action of dcbt.bUl, plaint or inibrniation. II. And be it further ettafleJ, That after »crdir want of an averment of any life or lives (r.) fo as the iiiid |)erfon be proved to l)c alive, or for awarding the venire facias to a wrong officer, upon any infuflicient fuggefiinn, or Ixjcaufi: the vifnc (<^) is in 'fome part («) niiliiwacdcd or fued out of luare or fewer p'acca than it ought to be, fo:is fome ope place be light nanicd, or for mifnaniiiig any of tlie jurora in firnivsnc (/) or addition in any of the writs or returns thereof, fo as it be proved to be the ,f ime man thr.t was njcant to be returned, or by rcafon th;it there is no return upon any of the faid writs, fo as a panel of tlie iixmcs of Jurors be returned and annexed to the iaid writ, or for that the SiierifTs or other officer's name, having the return thereof, is not fct to the re- ,turn of any fuch writ, fo as it be proved that tlie faid writ hms scturncd by fuch officer, or by reafon (^£) that the plaintiff in any (jk^llvKJinnie., or in any jjcrfonal aelicui or fuit being an infant und<;r the age of one and twenty years, did appear by attorney therein, and the verdid palled for liinj. IV. And be it further enaft d. That judgment flail notbc.ftayed or reverfed after verdict, for want of pledges, or but one plc-lgc to profecute, returned up(m the original writ, or b«- cauf'e the name of the SlierifT is m»t returned on the original writ, or for want of enterii.g pledges U]K)n any bill or declaration, or for not allcdging the bringing into Court any bond, bill, indenture, or other deed mentioned in the •icclaratlon or other pleading, or for want of aliegatiiMiof bringing into Court any letters teflamentary, or letters of adminiftration, or for omJilion of, by force and aimsj and againft the peace, or for miflaklng the chriftian name or firname of theplaintlHor dofcKdant, demandant or tenant, fum or fums of money, day, month or year, by the clerk in any bill, declaration or pleading, where the right name, fir. name, fum, day, month 01 year, t:i any writ, plaint, roll or-recordprcceeding, or in the fame roll or record, where the mithkc Is committed. Is or are once truly and rightly alledged, whercunto the plaintiff might have demurred, and fhtwn the fame for caufe, nor for want of averment of //;« Ai'/j- ready to verify^ or for this he is ready to 'cerify by renrd^ or for not allcdging<7.r ;7^/i/i£',7rj ^v nvsr^,' or for t!i;it there is no riglit vemie, lb as the caufe were tried !;y a jury cifthe pr-.-^pcr (A) county' or (/) place, where the (X) action is laid, nor for that the (i) Tliis EnR. ftat. iR. ?\\i. r. 1. rerpcilicsthe omiiTonsof the prc»;uIin«M wfll ns th< other pitrK*. Vide i. B;ic. Ab. C.L.'n. Co.irtruc'lion ami jutlmilicsas lo tormanil fubftuiitt 'itwrits, (ietlar.itious, iituiiis, S:c. ;iiid hb'.\ f.ir alilcJ or nut l<;- thii f .■tiitc. 'Mfp iliii'isn )t !i»i;n.h.l 'ly EiiR. ftnt. iS. liliz. c. 14. foci, nor hv.ii. Men. S. c. .10. Tide AithurBLicVanHivc's c.fc. g. C.>. !•:(> b. to i6j. a. What by r.;coid it ij'pcars pit liail 00 uiiyl'o ct ziiSion, not »nicnvtublc thouyh vcidict-iials torhiii), 3 Co. 5 1 . b. U) I. iii'.l. 61. (a) Cry. Cir. 17, I'.j, i«.i, 4R'>. (■•) This l^.it was tr:imed to htip mlf^ .kcs in Jurv procuf;, but rcTiciiy is nix'on onlv ph'.t.-s, «n>! one of'tlie plact'S i-^ tri.iv ranicil, i.Sid. 70 i.(..v. i::.aiHl i.Saui.d. i^d. ai.'>?d b t ih'ilij iii Juiv ptiifft's, a' cordin;! to the iou»)i- (,t thi' con liioii liiv. (/) 'lliis .\ti; ids not to any i:iiuaki.- iiulie i'hril'iao na.ue, -Cio. Car. 10*. (h) Tliivjjiv.'s iio li.i wbi-TSthefial is ii> nn imrropercijunly. i.M<.H. (;) I. l,c\. :o7. P'.T 'J''vifii:n, vho t'-rmc'l thi« Aci an Winii'Utt.m Aih ft •led ai'cr»rdii;j( to the in*' nt nc'.iiift the w ir.l?. (i) I. Saint. 247, t4H. I- Yc ■.•' j^v^ ». Lrv i-!i. T'^e f'.-.f. d'!'. not intend to alter the \f h< le cr^crfc nf rii il», .trdfntry thi:i^i< in fo;v-i;;t-, . ..i>ntii:s, :i:vi r.'iiT nisar. ihat il.c Ifiiicl!' lil Ik- >i;i.d in (he p! flittll not «xtcau. (I) 1. Vent. trt. (w) Adjudged, th»t tSu eKccfttion dotl not rttend to ttfet in wWrK a mnedy w giTen hf ••nv r^' vrrmperce to t ptrty. —No in>!i>^imf nt can be i mended whero no amendment is not ailowabieby commoo law, (tact uiC f.atttct' oi aoicadiBcnt w ■QIMtcBdto oimioal i-roAoitioai. «. UawL P. C. M4< ! 11': l!' ■ ;i: 1 C. Il-tV. Anno* quartS 'ct qui'nto Gborg i i III. t7^4 unlefs the party offering fuch pica do.by affidavit.prove the truth thiercof.or (hew fomeproba- UJc matter to th/i Court, to induce them to believe that the faft of fuch dilatory plea is true (nJ) Mntr. ilat. 4 anJ q. Ann. c. 16. i:<: II Ni> dilafo y pi";* ta bore'-civcd («) PIcms in abatement, and foreign plea* ouflingthejurifdiflion cA Courts, rcfpercc until III'; MajcI'v's tilf ah-.ri. be known. Confiim-d in itCI' I)V His >U- jCAP. 111. An ACT, to impower the Province Treafurer to ifllie fmall Notes for difcharging the Loan."? made in virtue of an Ad,inadeandpaf- fed in the FirftYear of His Majefty's Reign, entitled an Aft forthe relief of the Poor of the Town of Halifax, and indigent perfons in the ,N,ew Settlejuents ; and of an Aft made and paffed in the JSccond Year of His Majefty's Reign, entitled an Aft to enable the Governor, Lieutenant-Governor, or Commander in Chief, to borrow the Sum of Four Thoufand Five Hundred Pounds for paying off the public Dehts,anuto poft|X)ne the payment of Boun- ties and Premiums. CAP. IV. An ACT, to repeal part of an Aft made and paJTed in the Third Year of his Majefty's Reign, entitled an Aft to prevent Frauds in the felling of Beef, Pork, Flour, and Bifcuit or Ship Bread in Calks. W irlY-RE AS jeu^ra! inconveniences and dijjlculties havearifcn^ in carrying into execution thcfrjl clatifr of an Afl made and pajfcd in the third year of Hii Majcjifi Reign, entitled. An Act * to prevent fraud.s in the felling of Beef Pork, 1' lour, and Bifcuit or Ship Bread in Calks.* ivbereby it is emiclid, ' That all ralks of beef and pork, which fliall be fold, expolcd to fale ' or bartered, or bargained for, in any way or manner whatftiever, within this province, fliall ' contain, if the produce of America, not lefs than two hundred and twelve pounds of neat ' jne.a^ and if from lrel;ind, two hundred pounds of neat meat ,' Be it therefore cna8cd by the .Governor, Council and AJfcmbly, That from and after the publication hereof, tite faid firll ci 'ufe in fhe faid AcV, entitled, An Aft to prevent frauds in the felling of Beef, Pork, Flour, and Bifcuit or Ship Thread in Calks, and every part thereof^ be, and the fame is hereby •cpealcd. II. Provided alwtiys, Thit nothing herein contained, Uiall have any force or eflcd, until lUs J^Iajclty's plcafure licrtin Jhall be known. CAP- b ; caule, and being Dewing t probabfi 117I54 Anno quarto ct quinto Georoii III. C.V-Vfl. 'io;5 CAP. V. /An ACT in further addition to, and amendmcht of an A'^, criti- Th!«Aflr p*a!. tied, An A€t relating to the Aflizeof Bread, and for afcdttainfng V*^°*** the Standard of Weights and Meafures, made and paiTed in the Thirty Second Year of His late Majefty's Reign, :CAP. Vli An ACT to impower the Province Treafurer to borrow a iSum not ThiiAftexem. exceeding the Sum of Fifteen Hundred Pounds, for paying ofFneywid.™*" the Debt incurred by making Roads into the interior parts of this Province, and for further prolonging an A£t made and pafled in the Third Year of His Majefty*s Reign, entitled, An A6t for fup- prcfling imlicenfcd Houfes, and graniin^to'His Majcfty -a Duty on Perfons hereafter to be licenfed. ICAP. VII. An ACT to impower the Province Treafurer to borrow a Turn not ThisAflewin exceeding the fum of Two Thoufand five Hundred Pounds, for neyrepii'"*' paying off Bounties, Premiums and other Debts payable by the Laws of this Province. mt' At loG G.I. Anno quihto Georgii Illi i^% At the GENERAL ASSEMBLY, of the Province of Nova-Scotia, begun and holden at Halifax, on the twenty-eighth day of May, Anno Domini 1 765, in the fifthycar of the reign of Our Sovereign Lord GEORGE the Third, of Great-Britain, France, and ; Ireland, KING, Defender of the Faith, 8cc. being the firfl: Seflion of the Fourth General Affembly convened 'm< the faid Province.^ ♦ In the time of ^tnnt•lglle Wilincit, Governor ; John Collier, 'Prefidcnt of Council ) VyilliamNcJbit, Speaker ; RicharA -■; Biilkclcy, Secretary of Council ; unj lldae Defclumps, Cleik of Afftmbly, f'l' i i': Ai^« in amenti- ir.cnt of or arldi- tion to this Aft, Rih Gco.,^d.c.f), J7lh Oca. 3d. c. I. 29th Geo. 3(1. c. II. 3 id. Geo. 3d. c. 4. Preamble, Gram) Jury at the titlt (Jeneral Quarter ScDions annually to na- iriiiute, an't tlic Court to appoint ^u:vcyorI of LincMndBaunds and Overfeers of ihc Poor, Tovm CJcrk, Conftables, Surveyors of Higliw,iy«, Fence Yiewers, Clerks of the Market, Pound Keepers, Cullers and Sur- veyoiJoi'Fi.'li, furTjyors of Laniber, CAP. I. An ACT for the choice of Town Officers and regulating of Town-* - fhips. WHEREAS t/jc nielhoJ cf nominating the rcfpcdhe town officers herein after mentioned by the - grand jurors fir the Jlvcral counties, as dinged by the laws of this province, is found inion- venknt ; Be it enacled by the Governor, Council, and Affimbly, That the grand juries fc»p the fe- vcral counties in this province, at the Court of General Seflions of the Peace for each county refpeclively, next enfyingthe publication of this Acl, and thereafter annually at the firft fef- fions of the fiiid Court, Ihall nominate out of every townflaip in the faid county, ten fit per- fons, out of whom the faid Court fliall appoint five to befurvcyors of lines and bounds of each rcfpeclivc townfliip, who are hereby impowcred to furvey, examine, and afcertain the lines and b.ounds of their faid rcfpeclive townfhips, agreeable to the feveral grants thereof, and who fli.ill alfo be overfeers of the poor of the faid townfliip ; and at the fame time the faid grand juryfhajl, in like manner, nominate two perfons, one of whom the Court fliall ap- point to be. town clerk of tlic faid town, who fiiall be fworn truly to enter and record a'l fuch matters and things, as fliall relate to the faid townfliip, and fliall appertain to his oflicc j and fliall alfo nominate four or more conftables, of whom the Court fliall appoint two or more as they fiiall fee convenient to be conftables in the faid townfliip ; and alfo fliall nomi- nate four furvcyors of highways, of whom the faid Court fliall appoint two to be furvcyors of higliways in the faid townfliip ; and alfo fliall nominate four fence viewers, of whom the ft.id Court flial! appoint two to be fence viewers in the faid townfliip ; and alfo fhall nominate two clerks of the market, of whom the fiid Court fliall appoint one to be clerk of the mar- ket in faid townfliip ; and fliall alfo nominate four pound keepers, of whom the faid Court fliall appoint a fuflicient number in their difcrelion to be pound keepers in the faid town- fliip ; and fliall alfo nominate four or more cullers and furveyors of fifli, of whom the faid Court fliall appoint a fuflicient number in their difcretion to be cullers and furvcyors of Gfli in the faid townfliip ; and fliall alfo nominate four furveyors of lumber and cord wood, of whom the faid Court fliall appoint two to be furvcyors of lamter and cord wood in the faid townfliip i ^1^5 Anno quinto Georgii III. C. I. 107 I Speaker ; Richaj-4 ■"> : poor. townfhip } and fliall alfo nominate two fealers of leather, of whom the fai J Court (hall ap- *"'"■» 0' Lea- point one to be fcaler of leather in the faid townfhip ; and fliall alfo nomuiatc four gaugcrs of _ '^ ^ itafla. cafks, of whom the faid Court fliall appoint two to be gaugers of calks in the faid town. " Iliip ; and fhall alfo nominate four hogreaves, of whom the faid Court fliall appoint two to licgreaves, be hogrcaves in the faid townflilp ; who fhall refpcclively be fworn to the faithful difcharge peff,^, r r of their duty in manner as is already prefcribed by the laws of this province, and fliall to accept, or be- in every refpe.1- insi to com pi y with regutitions nude by propri-. eiorj.of common ficldB,t'utleitios. Cattle to bs- kriiudiidi Por Afta in a- niendmehtor ad- dition to thiiAjS^, fee note on il.. C«o. 3. cup. 14. in fucli wayor manner as fhall be concluded and agreed upon by the mtjor ptrt of the inter* elhxi therein ; the voices to be colIoJled- and accounted according to their refpe(5livc interefts ; and if any peribn (hall refufc t^ make, keep ap, fupporl, and niaintain his guota, part or pro. • portion of luch fence fo agreed on to be made, and (hall on notice given him for that pur-, pofe by any one of the proprietors concerned with him in the fait! common- field', neglcft the fame for the fpace of thirty days, the: fence viewer (hall, on application being made to him, make and fet up tlic deficient fence, or repair any fence already made, if in his judgment the fame is infulBcient, and tlie pcrfon or pcrfons, that of riglrt ought to build and maintain the fame, ihall pay double tliecofts and charges expended for the doing thereof, and in cafe of refufal fuch Fence Viewer may recover the lame before the Inferior Court of Common Pleas, or befprc one or two Juftices according to the value thereof; and the Ciid fence viewer, . fliallbc allowed three iliiUings per day for his own trouble and time expended therein. V. And if any peribn or pcrfens (hall neglecl or refufe to comply with any regulation made by the proprietors of any common field as aforefaid, which regtilation fliall be made annually, he or they fhiUl forfeit and pay the fum of ten fliillings, for theufeofthe poor of the town where fuch common field fliall licj to be recovered by the oath of one credible witncfs, before any one of His Majefty^s Juftices of the Peace for the county wherein fuch lands are, to' be le- vied by diftrefs- and fale of the offender's goods and cliattels, and fliall moreover make fatis*" facllon foe all damages Uiat may havearifen by fuch- negleA or refufal; v VI. j^fid whereas many inconveniences have arifenfor want of cattle being branded or otheHoayt marked^ that run in common. Be it enabled. That all antJ every owner of any hdrfc or horfes, neat cattle, flieep, or fwine, ftiali braijd erotherways mark fuch horfe or horfes, neat cattle, flieep or fwine, 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 purpofi,. and tlie fiid Town Clerk fliall receive for rcccwrding tha faid mark or brand the fum of fijc penci.* . CAP, II. . An ACT, ill addition to, and amendment of an Afl:, made andpaf* fed in the Firft Year of His Majefty's Reign, entitled, an Adt for repairing and mending Highways, Roads, Bridges and Streets, and for appointing Surveyors of Highways within the feveral Townfliips in thi^ Province.,. B' E // ena^edby the Governor, Council and JJembly, That where a new highway or common N«w highways _£J road from town to. town, or place to place in any county in this province, fliall be ro»ds,"to be laid wanting, and where old ways with more convenicnpy may be turned or altered ; upon ap- cut bya Jury, pljcation.madc to the Juftices in General SejTions, within the fam.e county, the Court is hcrc- n-i^lSLnioostor by impowercdto appoint two or three, fufficient freeholders of the next towns, who fliall ti.4 purpjic j^^yj, jjjQ^ occafion of the faid way, to enquire into the ncceflity and convenicncy thereof, and to make their report thereon, and being judged to be of common neccfllty or convenicncy, the Juftices fliall order a warrant to the Provoft /.larflial or hii 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 fuch hijjhways or roads, who fliall have an oath adminiftcred to them, by a Juftice of the Peace, to lay put fucliway according to their beft fliill and judgment, with moft convenicncy to the public, and leaft prejudice or damage to any particular perfon ; which having done, the Provoft Marflial or his deputy is to make a return thereof on the day appointed by the Ctfurt, as wcli under iiis own, as the hands of the jurors, by whofc oaiU the kmc ii» laid out,, • f 1765 Anno quinto Georgii lih C. II. i'P> to the end the lame may be allowed of and recorded, and after known for a public highway ; and all public highways hereafter to be laid out as aforefaid, Ihall not be Icfs than one hundred feet widtf. II. Provided aliuaysf and be it enabled. That before fuch roud -or highway is allowed and re- corded for a public highway, the Court fliall caufc notice to be given thereof for the fpace of thirty days, to the intent that if any pcrfon fhall think himfelf aggrieved thereby, he may make his complaint thereof, and enquiry be made into the caufeoffucK complaint.' III. And be it further enaBcd^ That tlie furVcyors of the highways of each town refpcftive- ly, be and are hereby impowercd to lay out particular and private ways, cither open or pent, with fwinging gates for fuch'town only, as fljall be thought neceilary by the Jultlccs of the Peace in their General Seflions, upon application made io them by the pcrfons concerned : PrcvideJt that no damage be none to any particular pcrfon in his land or property, without due recompence to be made by the town, as the furveyors ef highways and the party intercllcd may agree, or as Ihall be ordered by the Juftices in Gener J Seflions, upon inquiry into the falne by a jury 10 be fummoncd for' that purpofe. " IV. And be it alfo further ena^cd. That if any perfon or perfons (hall alter any public road or highway, or any private road that fhall be laid out as aforefaid, or that fliall make any en- croachment upon the fame, not being' firft authorifed fo to do by due courfe Of law ; fuch pcr- f(m» (hall, upon complaint and due proof thereof made before the Court of General Sefflons of the Peace, for the county, whe.-e fuch highway lay before it was fo altered and encroached upon, forfeit five pounds, to be levied by diftrefs and fale of the offender's goods and chattels, by warrant of the Court who (hall hear the faid complaint; and' all forfeitures fo to be levied fhall be paid to the furveyors ■ of the highway of the townfhip, from wiience the fine was lie- vied, to be appfidd' for repairing highways, roads, ftreets and bridge*, within the fame. V. And whereat in and by the A61 mads and pajfcd by the General Ajfembly of this Province^ in the firji year of Hit Majcji/s reign, entitled. An Aft for repairing and mending highways, roads, bridges and ftreets, and for appointing furveyors of high ways within the feveral town- Ihips in this province," // it, among other things, enabled, " That the conftables of the feveral * townfliips in this province Ihall, in writing, makitig an eqsal divifidn, fet out to the Sur- * Veyors of highways, the feveral' roads, highways and ftreets, on which each of them fliall * rcfpeftively labour, and deliver alfo a lift, figned by them, of fuch perfons, as Ihall live withih * the diftricl wherein fuch highways, roads or ftreets, are alfotted to eacht of them, to be cm- * ployed by them refpcclively, and who accordingly Ihall be reputed to be the perfons obliged * by the faid Adt to labour.' And whereas it is thought moj} proper, that the furveyors of the highways, jhould thmfelvis fet out the feveral roads, highways and ftr'ccti, which require repair : Be it therefore ena£lcd. That the conftables of the feveral townlhips in this province fliall make out a lift of all ftich perlbns whoare owners of teams, carts or trucks, as alfo of cvTry other houfliolder and labourer within their refpeftivc townfliips, and deliver the fame to the furveyors of high- ways ; and at fuch time as the faid furveyors fiiall judge proper, between the days prcfcribed by the afore recked Act, the faid conftables Ihall fummon fo- many of the perfons contained in faid lifts, as the furveyors fliall dircdl from time to time. • VI. And he it alfo enoBcd, That all perfons able of body between the age of fixteen years and fi5ity, fliall be obliged to labour at the faid roads,, highways, ftreets and bridges, or procure or pay a proper perfon for tlie fame. - ir>;hwarsnott» bs Ids iljia ij3 ,10 (lays notics to S- RUiin, th.it any pctiun ag- gricvL'd, ma/ conipLin. Private roads to* be Jaid out Uy the Suivcyoijof llighwiifs. Nottoendamage •ny i)ir:'.cul;ir psrfon withbi'.t cluetecompeszuk Any perfon . • tering oren- cruachingonany road, forfeits 5I. to be.ipplicd t*- the rcp.iirinv{ highways, &Cr - U Conn.ib'estorefc turn to the S'lr- veyors, a lilt df the owner* of teai>is,_&c. and of . (irfons liable to liibour. Pcrfons betweea the age of lix- tcen and fixty obliged to labour on the roads, or* pay a proper p«>- iun. CAR f 10 C.III-V. Anno quinto Geo&gii IIJ. CAP. III. "n^5 This A^ ispro. An ACT for impowering thejufllces of the Peace for the Countyof t+it?yHnd"°* Halifax, to hold a Court of Special Seflions of the Peace at Wind- rrinwT ""' forinfaidCounty,forthcTo\vnlhips of Windfor, Onflow andTruro; For A>.1s in ad- diiion til, or a» p;tni!nient df this Aft, i'ee note on ,^4th. Ceo. id. cap. 7. ; PicaipUc. . J>eL'rquent pro- prietor's lantls, ti) be let out by one Jiillictw p.iy tlicir pro- poriton for Jy- A»^peRl to the .General SciTiui::. A£is in addition to, orairrnd- m-nt of til is Acl, I'll, and vth. « ep. id. crp, 6. 9'!i.Ceo.;,d.c. i. i.'tli. and i^th. Cf.o. 3d cap. 5. jch. Geo, j{(\, C?.p.<;.3irt. (J CO. 3d. cip. ?. 3-sd. Geo. 3d. op. 7, 4^d9.33d. Cto. 'td. cjp. A. Tliiee tcmpora- ly A^^s in the 36t'A. f c). 3d. otiC in th; 40th. Geo. d. gee a!fo rcrpr«!t- _g poor latts, CAP. IV. An ACT in further addition to and amendment of an A6t made and palled in the thirty-fourth year of His late Majelly's reign, enti- tled, An A6: for the appointing Commiflioners of Sewers. WHEREAS in thclajl claiife of an Ail made and pajfcd by the General Affembly of this province, in the third year of His Majcjifs reign, entitled. An Acl in addition to, and amendment , of, an Acl lor the appointing • Connnijlioners of Sewers, // is cn:.^6lcd. That if any proprietor or • * proprietors of tlic lands dyked in or drained, are abfent, and no perfon appearing in their be- • half,^nd have not any goods or cliattels to anfwcr his, her, or their dividend or proportion ■ ' of fuch airelTment made as aforcfaid, it fliall and may be lawful for any one of His Majefty's • ' Juftices of the Peace for the County, where fuch lands lie, to let out any part of fuch delin- * qucnt's lands, that may be fufficicnt to pay, by the produce of the fame, any fach dividend or ' proportion of the fum fo due.' But noprovijwn is made fo colkii from any proprietor or proprietors being prcfcnt and not having any goods or chattels to anfwer his, her, or their dividend or proportion of any a(fcjfmcnt, made in virtue of the before mentioned Acl ; Be it ena^ed, by the Governor, Council and Affanbiy, That any proprietor or proprietors of any lands dyked in, or drained,.as direfted iu and by the before mentioned Acb, being prefcnt and not having any goods or chattels, to anfwcr his, her, or their dividend or proportion of any afieffment made by commiffioners of fcwcra according to law, it fhall and may be lawful for any one of His Majefty's Juftices of the Peace for the county, w here fuch lands lie, to let out any part of fuch delinquent's lands, that may be fufficicnt to pay, by the produce of the fame, any fuch dividend or proportion of the fum fodue. II. Provided always. That if any proprietor or proprietors of lands, let out as aforefaid, fliall . think himfelf or herlclf aggrieved by the proceedings of any Juftices of the Peace, in letting out his, her, or their lands as aforefaid, fuch proprietor or proprietors, by thcmfelves, or their attorniesor agents, may complain to the Juftices in their General S(;flions of the Peace for faid county, for relief therein. ■ ■■'■ — —i-i — ■■ !■ ■■■■■■i»ii ■■ . .1^ I ■ ■ I I — ■■■■■■! ^ ■■■ _■ I tmwimm^mm^m-mi^^^mm^i^mmimmim C.\P. V. An ACT to enable the Inhabitants in the fevcral Townfhips in this Province (Halifax excepted) to caufe any abfent Proprietor of liands v/ithin the fame to pay a dividend or proportion of any County or Town Charge to be afTcfl'ed according to Law, and to bear their juft proportion in repairing Highways, Roads and Bridges within the laid Townihips rcfpeclively. j w ™ . lU'.RY. AS there are many non-re/t(lcnt proprietors of lands iii:hin this province, '.vhofc lands are enhanced in their -ujlue by the Lb:ur of thfe luho areprtfcnt, and the burthen of the ne- ^' ij^5' Anno quintb Geqrcii III* C. VI. e^iry eaunfy and town charges being heavy on the rejident proprkttrs\ Be It enabled by the Oovcrnor^ Council and Ajfemblyi'V\\zXcdLQ\\ and every uon-rcfidcnt proprietor or proprietors of lands in any townfliip within this province, (the townfliip of Halifax excepted) fliall pay or caufe lobe paid, hifi, her, or their juft dividend er proportion of all county and town charges hereafter to be afleffed in fuch county and townfhip, and upon failure thereof the fame to be recovered as directed by the Laws inipoweriiig fuch aifeirnjent, and each and every non-ref;dent proprietor or proprietors of lands in any townlhip, fliall be obliged to do and perform liis, her or their pai ts or proportion of labour on the highways, roads, and bridges, within their ref* pedtive townfliips, or pay for the fame as delinquent inhabitants arc by law direclcd. II. And be it alfo enacted. That if any proprietor or proprietors of lands in any townfliips as aforefaid fhall be abfent, and ho perfon appearing in their behalf, on public notice being given in the Halifax Gazette, to pay his, her, or their dividend or pro-iortion of any aflefl"- ment made in virtue of any law of this province, and to labour on the highways, roads and bridges as aforefaid, and not having any goodj and cliatteh to anfwcr his, her, or their di- vidend or proportion of any charge made as aforefaid, it fluU and may be lav/ful for any one of His Majefty'u Juftices of the Peace, who are hereby impowercd, to let out any part of fuch delinquent's lands, as may be fufilcient to pay, by the produce of the fame, any fuch divi- dend, proportion, or charge fo due; and in cafe the lir.ds of fuch abfentee, fliould not for the prefcnt, produce fufilcient to pay the quota of his, her, or their proportion of fuch aiTelT- nient, that then the lands of fuch delinquent fliall be held chargeable therewith. WL- Provided always^ That if any proprietor or proprietors of lands, let out and held as a- forefaid,' fhall think himfelf or heiiclf aggrieved, by the proceedings of any Juftice of the i*cace, in letting out his, her or their lands as aforefaid, fuch proprietor or proprietors, by themfclves or their attovnics, may complain to the Juftices in their General. Sefiions of the Peace for faid county, for relief therein. Ill the note on tlie 4i!i. an.l. xtli. Ci^-o. .id. cap. 7. Non-rofidcnt piopriciois to pay their i>io;.)or« tioa ol ai) cdua- ivanJ towa charges. and f')r labour on thcliigliwitys on faihire, one Juftice iii:iy let out I'uchdcliu- quent'l lands for pitymenttiiereof. Anpt-al to the GcneidlScliiun*. CAP. VI. An ACT for the raifing Money by Prcfcntment on the feveral Counties in this Province, for the defraying certain County Charges therein mentioned. BE // enn&ed, by the Governor, Council and AJfe?ubly, That from and after the publication hereof, it fhall and may be lawful for the feveral grand juries in each of the feveral counties in this province, cither at the Court of Afllzc, or General Sefiions of the Peace held for fuch county, toprefent annually a proper and fit perfon, one of the freeholders of faid county, to be a treafurer for fliid county for the year cnfuing, and fuch perfon being approved of by the Court, fhall be fworn to the duo execution of his ofllce, and inveftcd with all the powers and trufts, as herein after directed. II. And be it further enadcd. That it fliall and may be lawful for the feveral grand juries in each of the feveral counties within this province, either at the Court of Afiixc or General Scflions of the Peace held for fuch county, to make prcfcntment, upon proper rcprefentations made thereon by three or more freeholders oT tlie faid couiity, or of their own know lcdg.«, of all fuch fum and fums of money or cxpcnces that may be found to have arifen, or that may be abfolutcly neceflary to be raifed for the bulkling or repairing a county goal, or for the building or repairing a Court or Scflion lloufc, ereding Stocks, Pillories, cr Pounds, and providing Bolts and Shackles, as alfo for the conveying f of perfons accufcd ofany trcafon or felony, to the county goal, being three miles diftancc or upwards, fo as the fame do not •xceeJ Hx pence per mile \ a* likcwife for the fupport of popr crimuiali in goal. HI, For K(Si ins- mtndmentoi ad- dition to this Avit foi; note oa cap. ;. orthi* yc.ir's reign. EnR. Stat. 43. Fhz. c. J.. Cliaad Juries »t thf Court of A(^ li/,c or General SolTions of the Peace to prcicnt aniiiraliy a pro- per periiin to he C«.lir.t.y Tre;ifi;r- er, tnl^ app ov- edand fworn by the Court. Fnpi.flat. II w)d iJ. VVih 3. c. i9. fee. I. rii- ivjitj riites tirre- puiiol C'n.ils, Cr.iBu jurif sto prclcnt whiit lums arc nccef- fiiiy t<» he railed' for bir.'ding and rcpaiiinp; a r.onl, t/.z. \ I'.'n ^S'at. j, • Jnc. I. c. i«. ■ fct. X» I If 1 [1 fi m iia Monies to te p.iui into ilie lualurer's hand!., &c. C. VI. Anno quinto 'GeoroiiIII, 1^% •. For the mCc of , the County. No prefcnrmtnt to be confimied , till the Un. d.,y . t)t the Coua's , iiitiiig. ■ -Ten pounds per Ann. tc Ik A- lowed to th'' T'-cifurcr lor his IL'.-vices. Thr'c A/Tcfibrs to be ap;>oiiHcd hy tl'.cGrand Jii- rv and rwurn. Porfjns icfiifir.p; t.) accept, t'uri'jit 4n5. and aPOtlicr (0 U appoiuicd. Judftfs f>f AlTze I r JuiHcv-s (f !So (linns, 10 dc- lerrpirt nuiU lowii'ii propor- tion. To be l'-vit having palled his accounts to their approba- tion. PerfoM aggrier* ed iDity appMl to tbcnciitScflioat. Treafurer 10 mak. .Scrv.ints hired foruny tf im not lefs tlian fix months, to have a rcrtificitf from thyir nialfcr or mii}ri.rs, whca di'.Mur.^ed. Any inMlbn lur- bourinpor er.tcr- tainiiijj any ier- vant without Inch c.Mtnicit^', lotor- k\l lol. If any m.iftcr re- li;!e to give Lis CcrtiuCut;; tc hii l''tviiit upon hil fiifcli.irj.;-, lie nijv ,ip))lv to a J-i:*ice <;;'the I't.ict, whoih.iil liKj! II- i u.i the ciiC(ini;laiiLc's. 114 C. VII. Anno qumto Georcii III. ^7^5 pcU. Sen-nnts who fhiillrfeleilorab. fccind, to make miftrefs gwc for rcfufing fiich difchar^e or certificate, that fuch pcrf^/j^^tf /'//w/(/jcT f/».u7tv/. That if any fcrvant ihail engiige and contract hiinfclf with any psrfon or pcrlons, carrying on the fiflicry, in the capacity of a falter, f) litter, or (Iiorefman, and fhall, u|)on tiiul, be found incapable, and umiualified to difcharge the duty of thellation, for which he fhall have contracted hinifelf, fuch fcrvant, upon due proof of his incapacity l)e- fnre any one of llis Majelty's Juftices of the I*eacc, fliall forfeit and lol'e all wages due to him for his fervice in fuch employment, whereof he fliall be fo found incapable. • Qii. and vitir Orit. Srat. 4. Gro. i. c. ti. extended to all llii Majefly'? dominions !■ America, C;c %. for binding infants tofei'vicc by tuiUpartatioa to Americii — itnd I'ec. j. tor tunlpurcini; convicts, &c. IndfnfnrM of i'civ4ntH hrsd in (ircal-lUitain, &r. to be rxamined by a Juliice brfiue they arc ^llign^d. P< rrcni en^*. ^i' g III thrfilhs* I y .is 4 l^kcr, Ace. and no) ct- puLle ot Ins ilu- I y. to tortcit tuj wa^ci. CAP. VIII. An ACT in amendment of an Ad, for confirming Titles to Lands, and quieting Poircflions. WHEREAS by a rcfolution or A61 of the Givermr and Council of this province^ made before the lulling a Ctneral Ajjhnbly, and afterwardt confirmed by the General Ajfcinbly of (his prO' vince, it is, among other things, rcfolwd, ' That the regifter lor the time being or his deputy, iliall * be allowed for the entry of every memorial ar. iu by this Aft direfted to be rcgillered, the * fum of one fliilling and no more, in cafe the fame do not exceed two hundred v.ords, and if * more, then after tlknate of fix pence an hundred, for all the words contained in fuch rnc- * morial, over and above the fuft two hundred words, and the like fees for the like numl)cr ' of words contained in every certificate or copy given out of the faid ofike, and no inorc ; * and for every fcarch in the faid ofilce, one fliillir.g, and no more' And uAnm by an A.I maae and piifj'cd •• the thirty feond year of His late Maje/ifs reign, entitled. An Act for confinningtitles to Lands and quieting poiTclfions, ;/ is enacted,'' That the regifter of decils I'nd'-nnvcyances in this ' province, fliall for the future in lieu of any menioritl, regifter all deeds and conveyances in ' worr.satfulllcngth, for whichhe fliall demand and rcceivcfuch fees for rcgiftering, asiiilike * iTianncr hath been heretofore alltAved ;' zvhich fees have beenfoundan infiijpcient rcccmpcnce for the ' attendance and trouble necefflirily attending the dueexectition cj tt.at 'fj:cc, as required b ;t he a fore faid Ails, Be it th:rcfore ena^cd by the Governor, Council and A ff'ciubly, 1'li.it from and after t!ie publi- cation hereof, the legiftcr of deeds and conveyances in this province, or his doj ■■ty, fliall ar.d may demand and receive the fum of two fliillings for every deed regiftered p.nTuanf to the atorefaid Acl, in cafe the fime do not exceed two hundred words, and if more, then after the rate of one fliiUing an hundred for all the words contained in fucii tiecd over and above the firft two hundred words ; and the like fees for the like numl)er of words toi, rained in any copy, given out of the faid office ; and for every certificate one ilnlling, and for c^•cry fcarch in the faid oflice, one fhilling, and no more ; any law, ufage or cuftoju to the contrary not. withftanding For Afl* in «• nieni!nKiU(ii' ad> diiiiai to tills Alt fee rote OB yA. CicQ. }d. cap. i. Preamble. CAP. ii6 C. IX-XI. Anno quinto Gboroii III* CAP. IX. 1761 An ACT to impowcr the Province Trcafurer to ifluc fmaJl Notes in ica'*«aii»cwt!Ji' exchange for thclarge Notes that have been ifl'ucd heretofore, in virtue of the fcveral Loan Adls made and palled by the General Alfenibly of this Province. • The Oovernor in Lv an irIIiuc* tii'R from III! M tjcftyrertniin- ctl tuiiii inv.''r.ir- iiiK tlie nutiibcr ol Ilcprcfciita- tives, uniiei the i'.\ lociion ot tl'isA<;t, until lils MajcfK's cIcaliircLc liifl /o s in ;ii!Jition lu thisA'l.t^tii. <;co. .id. cip. 5. «>;th, C!cn. ;d. cup,io..iid.C<'0. .•fd.cap. S. ,17th. i.;eo. 31I. Clip. J. Kun.lieroCRe- JTi-fcntrJtives e- Lblinievt for the ievtr^l inwiii aad cuuulicl. Towrdilps of Baningtiin, Sco. ^yhen thcv lon- Ci> ot'5otaniihc!i rtli.hnt, to lend one Re- prclentative. Temporary A rii in ai.iendiiicnt vr i:dilitiun to this A«, jth. Geo. 31I nth. C)eo. id. 13th, ard 14th. Ceo. 3d. i4ih, and 15th Gcd. ;,d. I'th. (I'fo. jii. »i(i!h. Cieo. ;,d. «d. Seffiun, ;,nl. t:co. 3d. 4ift. Cto. ;d. The Si.preme Court, and Infe- rior Courts to |jrotetit) Spukcr, and Richard "ulkeley, Sccretiuy ofCauacil: and liitac Oeichaiups, Efq. ,Cfcik of Merably. CAP. I. An ACT, for the making perpetual an Adl, made and pafled in the fourth Yt^a; of His Majefty's Reign, entitled. An Adt for pre- venting Nuifances, by Hedges, Wears, and other Incumbrances, obftruding the paflTage of Fiih in the Rivers of this Province. BE // em^edby the Commander in Chief, Council and Ajfemb'y, That an Act, entitled. An Aft for preventing nuifances, by hedges, wears, and other incumbrances, obllrufting the .p.Mlage of fifli in the rivers of this province, fliall be, and tlic fame is hereby made perpetual, any provifo or limitation in the faid AA notwithftanding. Esnealedhy 3■)^il. fJt-0. ;,d. Clip. i.Ki:. IS- CAP. II. An ACT, in amendment of an A61:, made and paflcd in the thirty- third year of His late Majefty's reign, entitled, An A£l for cftab- li Oiling a Public Market ai the Market Houfe in Hahfax, and for regulating the fame. " C Ai», t";66 Anno fexto Georgix III« c. ni-vi. 119 CAP. III. An ACT for the more cffedual recovery of His Majefty's Dues in T''*^eifana,bc. the Iflands of Cape-Breton, St. John's, and Iflands ndjacent. OoTcrnmenM, this AQ it not re-piio(cd. CAP. IV. \ «,.! , An ACT for extendingan A61 madcand pafledin the thirty-fecond j^^^^^^^^ year of His lateMajcfty*s reign, entitled, An A6tfor jreventing:*^"*'** »i' Perfons leaving the Province without a Pafs. WHEREAS fame doubts have ari/en whether an Ad made ardpajfedin the thirty-fecond year of Hh late Mujc/iy's Reign, entitled^ An Aft for preventing pcrfonfj leaving ihe Province Pre»mbl«. without a Pafs, doth extend throu^houi thU province ; Be it enabled and rcfolved, by the Comman- der in Chief, the Council, and A ffembly, Tlut the fiiii! Act and every claufe and article t her In thioin{houtthe^'= contained, be conftrued to extend and ihall extend to the whole province, and that all pafles f'omce. - ftall be given out eitlicr by the fecretary of the province, or by fuch perfons as hehat» or fliall depute for that purpofc. CAP. V. An ACT in further addition to and amendment of an Adimade and palled in the thirty-third year of His lateMajefty\ reign, entitled, rSyJfj'J,?^; An A(5t relating to the affize on Bread, and for afrertaining the ^^ Standard of Weights a. d Meafures. CAP. VI. An ACT againft Foreftallcrs and Rcgrators. BE it enacted ly the Ctmmandcr in Chief, Council and Affembly, That from and after the pub- lication hereof, whatfoever pcrfon or perfons Hull buy or caufc to be bought any victuals of any kind whatfoever, coming by land or water towards any market or fair alrea- dy eftabliftied, or that may hereafter be eflabliflicd in this rovince, to be ibid in the fame, (except at the diftance of ten miles at leaft from the place wliere fuch market or fnir is to be held or kept) or (liall make any bargain, coniraft, or promife, for the having or buying the lame or any part thereof, or (ha'l make any motion by word, letter, medage, or othorwil'e, to any pcrfon or pcrfon ', for the enhancing the price or dearer felling any kind of viftuals or r'i>vifion for the ufc of man. Coming by land or water towards any market or fiiir as aforc- faid, IhalJ be deemed and adjudged a foi-;ftallcr. II. And be it further cnachd, 'lb;\t. whatfoever perfon or perfons fliall by any means, rcgratr, obtain, or get intohis or ihcirlvandsorpoirefuon, in any fair or niarkct, any ccrn, hay, f.lh, flieep, iambs, calves, beef, fwine, pigs, geef ^, capi)ns, hens, chickens, pidgcons, hares, or other diiid vidluali whatfoever, that ilioll be brc ught to any fair ox market wa«iibcvcr vi ithin this province For Acts in a- IDciidmcn t or A- teiationofthi* , / cV, fee notr r. 3arf. Oeo. n',i cap. 10. ^Vho fhall bt df en;ed a fcre- ■^•ho 0. all b* cl" ;i,e(i arc ,ra« 1 . %2Q C. Vlf. Anno fexto Oboroii III, tjOli Tertont gailtt of foreftalting or floating to be fiiifii not ex- ccedi-.g, lol. er to fuTer two mcntlis inipii. foiinunt. A''^! in aTnen<1- ment or addition to this Act, lotlj. Ceo. ^d. cap, 3. «6tli. O«o. 3«j. ad, feilion cap. I. joth. Geo. 3d. cup. .4, and temporary law 34th. Ceo. 3d. Eng.ftat. f.Jie. I. c. 4. fee. 9. No peribn to let up a fcliool until be Oiuil be ex- amined by the Minifter, &c. of the towH, as to bii quaii(icati*as lor the inftriiiSi. •n of children, tobe certified to the Governor, &c^. in ordci for bis obtaining a licence. Any pe if on fel- ting up a fchuol witnoiK licence to forfeit 3I. for every offence. Sng. ftat. II. and X J. Will. 3. c. 4. Sciioolmadera to take the oatht. £ng. flat. 13. WfTl. 3. c, 6. Briullat. ..Geo. f . e. 13 . fee. I. A' ypo'/ifiirecu- fant wKo ihalifct up « Ichf 31,^^1! forfeit x«l. iikI fuflor 3 mor.thi im;>riu>fiinent. • See »6t!i. Geo. jd. id. fcli. (.-. I. 400 acresof land jn eachtownfhip to be TcrteJ in triifteet for the ufc dl fcliouls. province to be fi»ld, and do fell the faipc again in any fair or market liolden or kept in the lame place, within one month after purchafing or recuving the fame, fhali be accepted, repu- ted and taken for a regrator or regrators. III. J»d be it alfo further *na6led^ That any psrfoh or perfons who Ihall be gfuilty of forcftali. linger regratir-g contraryto the intent and meaning of this Aft, and IhaU be duly convicted in any of His Majefty's Courts of General Seflions of the Peace for the county where the of- fence it committed, ihall be fined at the difcretion of faid Court, in any furo -not exceeding ten pounds, and for non payment of liii k'» cafe. CAP. (C. vin-xir. Jixmci fcxto Ceoi^oi i TH. *tyC6 121. CAP. VIII. liltyofforeftail* duly convifted where the of- not exceeding t at the difcre- ; amd that one where the of- ; for the fame. hereafter (hal rft been exami. ;hool, as to the ^inifter fhall be unty, together lals and good ieutenant-Go- y His Majefty's >r the inftruo ilifax, without .■fore directed ; Aft, (hall for Juftices of the xnt of diilreis, mmitted.t fchoolmafter, allegiance and Courts, or as ef for the time m, (hall befu ;rein, fuch of- bail or niain- iife to take the )pi{h rccui'ant jAn ACTfor prefcribing the Forms of Writs, and the manner of iflli- rxpLtd, ing the fame. CAP. rx. Art ACT to prevent the multiplicity of Law Suits. •E.\-!*c4. CAP. X. An ACT concerning Bail. "Expirci. CAP. XI, An ACT for the eflablifhment of Fees, as regulated "by tlie Governor and Council, at the rcquefl cf the lioufe of AflembJy. '^^i'*^"^ CAP. xn. .A-n ACT for continuing an Ad made and palLd in the foiu-ih year r.Kinr.d. of His Majefty's Reign, entitled, an Ad for laying a Duty upon Billiard Tables, and Shu Hie Boards. t s I R At J2a C.I. Anno fexto ct foptlmo Gi?oRcii III,- Ty66 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifox, on the Twenty Eighth Day of May, Anno Domini 1765, in the Fifth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France, and Ire- land, KING, Defender of the Faith, 6ic. and there continued by feveral Prorogations until the Twenty Third Day of Ocflobcr, 1766, in the Sixth Year of His faid Majefty's Reign ; being the Third Seffion of the Fourth General Aflembly convened in the faid Province.* * In the linif of" M'chacl Franklin, I, ieuttnant Governor, Jonathan BelcKcr, Cliief-Juftice and Prefidsnt of Council, Wil« liain MtiLiit, Speaker ; idchdi'd buikelcy, dcccury wt'Cuuuc^i, luuc Dclckimps, Ckik of'AIiur.bly. Preamble. Brit, ft.it. i'..r,':o, t-C- .5 7. .r. !, a;iJ t. Ceu. i. c. nnliiwfu'K' br(.'aki«'; liown the b.i lie oi any river, itc. fi'loiiy witliQut cLrgy. AnT perfon ciit- tingofFii-'rrfwinij up. ur rtiu iviiijj and c.irrviri;; ;i- w.iv, any i .hs or ni ueriiils ufcj for li:'-iirin:» i.iiy m:ir!ii l.ikis, W:\. w.ills, &o. an.l coi.v: K'tl thirj- of, b. K;ic tv,'-) JullivJJS of C.i CAP. I. An ACT to prevent the cutting or breaking down the Bank of any. River, Seabank, or Dykes. WIIERI'lAS tbcrc arc large ira^s of nwjli lands v/itJ/m this province dyked in, gnat part ef zvhlch arc, at this time, under ailud improvement, from which gruit advantages mufi a rift ; an I as the dyking and draining thofe lards are attended with a very great ex pence, which cxpcnce end advantages may it loji, to the ruin of many indujlrious perjbis, by wicked and evil minded^ pirjlr.s culling or ds-Jtrr/ingfaid dykes, or the piles or pickets which are drove into the faid marjhes, thiir ('h/n':s or dykes ; for remedy whereof, be it cnackd by the Lieutenant-Governor, Council, and Af- fcmbly, I'i'ial \i liny perfon or pcrfbns, from and after the publication of this Act, Ihali unlaw- fully and ni.iUciuuIly break down, or cut down the bank or banks of any river, or any fea- bank or dykes, wliorcby any lands fluiU be overflowed or u."niagcd, every perfon {o ofil-ntling, being tliercof lawfully convicted, fliall be adjudged guilty or feiony, and fliall fulfa* death as in cates of felony, without benefit of clergy. II. And be it further enaclul. That if any porfon or pcrfons fliall,at any time or times licre- a.'"tcr, unlu\-fully cut o.T, draw up or remove and carry away, any piles or other materials which are, or at any time licreaftcr fliall be driven into the [,;, jund, and ufjd for the fecur- ing any niarih lands or fea walls, banks, or dykes, in order to prevent the lands lying within the Ilinie from being overflowed and damaged, it Ihall and may be lawful to and for any two ornuire of his Majofty's JuiVices of the Peace, rcliding near the plice where the faid offence or ollcncc^ fh.ill bo conimittcd, and flich Juftices are hereby rcfpeclively authorized and re- (juired, upon compl.iint or inforn.ation upon oath of fuch offence, to fummon the party or j).'.rd;j ib c jn-ipUiucJ of, or to iiluc th.-ir v/arrant gr v.\;rraut3 to apprehend and bring before ihcm tyCG Atino fexto ct fcptimo Georgii III. C. il-III. 12 t of Council, WII- thcm, the pcrfon or perfons fo accufcd, complained of, or fufpciftcd, and upon lils, her, or their appearance, or negled to appear, to proceed to examine tlic matter oHacl with which he, fhe, or t.iey are charged, and upon due proof tliereof made, either by confofTion of the party or parties fo accufed, or upon the oath or oaths of one or more credible witnefs or vvlineircs, to determine the fame, and to convict the offender or olTcndcrs ; and cv;;ry perfon oPicnding licrein, and being tliereof conviclcd as aforcfiid, fliali forfeit and pay llic fum of twenty I'lall TorR.!!. jol pounds ; one moiety thereof to the informer, and the other moiety to the ovorfccrs oF, ^^^ j ,,.p to tlie ir.li inc., tl;t (). tlicr liuit to the JiOOli and for the ufe of, the poor of the towndiip or place wherein fuch ofience Ihall be commit ted; the fame to be levied by diftrefs and falc of tlic offender's goods and chattels, togelher with the charges of fuch diftrefs and fale, rendering the overplus (if any be) to the owner or owners thereof; and for want of fufficicnt dillrefs, the fiid juftices arc hereby required to q,. f, (Tct fx commit the perfon or pcrfons convicled as aforefald, to the houfe of correction or common "T'-tiis i-.ipii- gcalof the county, town or place, wliere the offence fliall be committed, there to remain and laLourl be kept at hard labour for the fpace of fix months. CAP. IL An ACT in addition to and amendment of an Acl, made and paflcd in the fccond year of His prefcnt Majelly's Reign, cntitlcdj an Ad for regulating the exportation of Fiili, and tlic aihzc of Barrels, Staves, Hoops, Boards, and all other kinds of Lumber ; and for appointing Ollicers to furvcy the fame. WHEREAS //>£■ lazes andrcgithtiom, made and provided^ re/paling the pricking of mackanl and all cl her kinds of pichlcd fjh within t hi. i; province, do not appear to fully anficcr the piirprfcs f^rii;hichthcy u-cre intended ; Be it enujed, by the Lieutenant-Governor., Council and Ajbnbiy, 'lliat from ar.d after the lirR day of Jaiuiary, which will be in the year of our Lord, one tiiouf.iid fcven hundred ar.d fixty feven. all and every perfon or perfons packing mackarel, or any ol'icr kind of pickled fifli, within this province, for falc or exportation, iiiall brand each cufli and barrel by him or them fo packed, on the hcatl of fuch cafii or barrel, with llie initial letter or letters of his or their chrillian name, and his or tlicir firnamc at lei;-;!i, before he or they fiiall fliip or expofe the fame to fale, and every perfon or pcrfons who fliall prcfur.ie to fhip for ex- portation, or expofc to fale, any mackarel, or other kind of pickled fifli, before \.\chn\c be branded asaforefaid, fliall, on due convidion thereof by the oath of one credible witnefs, be- fore any one of His Majefty's Juftices of the Peace, forfeit and pay the fum of ten fhililngs for each and every cafk or barrel fo exported or cxpofed to fale ; one moiety thereof to the infor- mer, and the other moiety to the ovcrfecrs of, and for the ufe of the poor of the townihip, town or place, wherein fuch offence fli:ul be committed ; the fame to be levied by cURn-r'^ and fale of the offender's goods and chattels, together wit !» the charges of fuch diilrcfs and fale, rendering tiic overplus (=f any be) to the owner or ov. ncrs thereof. For J*. ('>s 11 a. mcndniciit lee note on id. Geo. jd c 8. Prcamblt, riil.luJ I'ifli tor i.ilu or e\po.t,iti- on, lo hriisidta.;h crtfl. will) t!-,iir,i li.ton. C^U'. 144- Thij AS exccu. ltd and the iiio- Bcy ic-i>,id. Explreii ^piieiL. Ixecutevl. IxpireJ,, J>:pitcJ. C. IV-X. Annorcxto ct fcptimo Georcii Illi. 176EJ CAP. IV.. An ACT to impower the Governor, . Lieutenant-Gbvernor, or Commander in Chief, to grant Warrants on the T'calury for the Sum of Three Thoufand Six Hundred and Forty Plight Pounds, and Four Pence, with the Jnterefl; due thereon, the fame to bear Intereil, for the payment of fundry perfons who ha.vc demands oa; the Government. CAP. V, An ACT for altering, amending and prolonging an A<^, made ini the fifth year of the Reign of His prcfent Majcfty, entitled, an A& for granting to His Majefty an Excife oai Wines, Tea, Coffee, , and Playing Cards fold within this Province. CAP. VI.- An ACT in amcrKlmcnt of an Axfl,. made in the third year of His ^ prcfent Majelly's Reign,, entitled, an A<51: for altering and amend- ing fevcial Acls of this Province, relating to the Duties of Ex- ciieon Wines, Rum, and other. dilUUed Spirituous Liquors, fold within this Province. II I I I II CAP. VII.. An ACT for difcontinuing the Bounty on Stone Walls. CAP. VIII.. An ACT for continuing an Act, entitled, an A<51:, for reviving an Acl made and paffcd in the thirty-third year of His late Majelly's Reign, entitled, an \0: for further prolonging a Refolution of the Governor and Council, revived and put in force by the Gene- ral A Hembly, in the thirty fccond year of His Majefty's Reign. " I ' ill i n ■- CAP. IX. An ACT for preventing Frauds in the Revenue. CAP. X. fxrired. An ACT for grantino^ to His Majcfly a Duty of I m poll on Loaf Sugar. €.i-rt: Anno feptimo Geoiigii Itll 1767 121 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Twenty-eighth Day of May, Anno Domini 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, 5cc. and there continued by feveral Prorogations, until the Firft Day of July, 1767, in the Seventh Year of His faid Majefty's Reign ; being the Fourth Seffion of the Fourth General AfTembly convened in the faid Pro- vince.^ ^ * Tn the time of T.ord \Vi!li«m Camp'jtll, Governor; Bsnjamain Green, Prcfident of Council j William Ne(bil»* Spetker ; Kicbitrd Bul)i.Lley,.St:crctary ot Couacil ; Ifant: Defchiunps, Clctk ot Afl«inbly. GAP'. I.. Ah ACT to prevent Trefpafles upon Crown Lands." WUERY^ AS /undry aul minded pcrfnns have prcfumed, not only to tal tViis A^t ICC note ON i(tli 5( .^th CJcy. Prciinibl;. Tlie ficchoUI'i's ot'iiiiy towniliip ii:;iv nift an. liiuillv ;ind ni;ikc proviliun (or their poor, ali!\o' ihrv iln not coii- ii:l ot I'n'iv Uini- lii.'S leiklcnt CAP. III. All ACT in rdditlon to nn A(5l made in the fourth year of His prcfcnt ^Majcfty's reign, entitled, r.n Ad to enable the Inhabitants of the fcveral Townlhips within this Province to maintain their Poor. WUEREXS it is provicktl in and hy an Acl made in the fourth year of His pr:fent Majcflfs reigii, entitled. An Acl to enable the inhabitants of the fevcral townfliips witliln tliis province to maintain their poor, 'That it Ihall and may be lawful for tlic frceliolticrs of ' any townfliip within this province, where there are lifty or more families, freeholders, refidcnt, 'to meet on ilio lirft Monday in January, annually, and to vole fuchafum of money as they ' fhall judge ncceflary for the current year, to fupport and maintain their poor." And whereas theix arc fwK townjhips ivho do not confjl of fifty families, freeholders, rcfident, which ioivvfhips labour under great iiieonvenieneyfr ivant of a poijetr to make provifion for their poor \for remedy whereof, be it ena8edhy the Governor, Council and Ajfembty, That it Ihall and may be lawful for the frccliolilcrs of ill fuch Townfliips, though they do not confjft of fifty families, freeiiolders, refidcnt, to meet on the firft Monday of January, annually, and there to proceed in manner and form as is prc- fcrjbcd by the afore recited Acl, in the making provifion f»ir their poor ; and tliat the laid freeholders ihall be entitled to all the other powers and prefiriptions contained in the faid Acl, any law, ufagc, or cullom to the contrary in any wife notwilliftanding. ■Por A,5>s (li;it al- ter oraaii..nl iliii A^'i, He r.otc ua yA. Geo. :d. cap. J I, Preamble. All (ir.cinndror- ftituicBtotx'one halt to llic liilor- iiior, .md tlie o- tliei halt" to the ujc ot ihc poor. CAP. IV. An ACT to explain and amend the fevcral Acts of this Province, re- lating to the afilze of Bread, and for afcertaining the flandard of Weights and Mcafurcs. "^"^ 7" HER I" AS doubts have arifen refpc^ing the diflributifin cf the fcveral fines and forfeitures, in- Y V curred on the Acls made andpafjld by the General A ijlnd'l\< of this province, relating to the af- fize of bread and for afcertaining (befiandard oficeiglts and mcafurcs. Be it therefore ena^ed by the Governor, C-juncil ami Affembh, Tiiat for the future all lines and forfeitures incurred on the fiid Acls, fliall be applied, one hall to the clcihs of the nnirkct or informer, and the other half to the poor of the town wlicre the oilcncc fhall be committed, any law, ufage, or cuflom to the contrary notwithflanding. CAP. V. An ACT for regulating the Times and Places for holding the fevc- ral Courts of Jufticc therein named. Tim.-s S: p",n.-c^ "Fl* E /'/ cnaclcd lytbe Csvcrncr, Council and AJc/iddy, Tint: the General Quarter Soflions of the Mding'th; "^ JL3 I'^acc, and the Inlciinr Court of Common Tlcas, fliall be held for the county of Cjiirts lor t'.ie I.uiicnburff, in the town of Lunenburq;, on the fccond Tucfday of April, and ou the fe- tji^, cond luclday of October. • Tlic otlicr phiccs mentioned in this A51 ar: not -'intcd, hiirgcihcrvlfe provided for hy fibicqv.ent Afls. CAr. 17^7' Anno feptimo Georoi! Ilf. CAP. VI. G:vT-viir» t2f An A'^T to impowei* the Governor,- Lletitenant-Governor, or Commander in Chief, to grant Warrants on the Trealury, feu* a Sum not exceeding One I lioufand Six Hundred Pounds, bear- ing interclt, lor fecuring the payment of the expences of Govern- nicnr. - ' ■ ' I.I ■ - I CA1\ Vii. An ACT, in further amendment of an A^madc in the thirty-third year of Mis' late MajcUy's reign, entitled, an Ad: for eilablilhing a Public Market at tlic Market lioufc in HaUfax, and for reguki- ting the fame. 1 scouted and f ■ i\wucy !«• ; 'J. This A'^ rep*-:!. jil. cai). 1 Ice. IS' CAP. Vlll. An ACT in further addition to an Ad made in the thirty-fecond year of His late Majefty's reign, entitled, an A£b for preventing Trefpafles. WHEREAS many evil minded pcrfoiu have brokt open lncIofnres., by pulling doumjionc ivalh, carrying uff end dcjlroying fences, g'ltcs, bars, and other materials for fencing, to the great prejudice of the owners offuch inclofires ; in order therefre to prevent and deter fuch ojfenders. Be it enaded by the Governor, Council, and Aflmbly, That if any perfon (not being the proprietor, or having legal authority,) fliall prclumc to throw down or remove any fence ot llonc wa!!, or any part thereof, incloling any parcel of ground within this province, or Ihall curry away any rails, ports, gates, bars, baard.i, or any other materials, whereof fences arc made, or (lull level any ditches, or cut down any hedges, luc'i perfon (lull, upon conviction tlicrcof before the General Scllions of the Peace, or beforij any Court of Record within this province (over and above the damages given to the party injured) forfeit and pay afuai not exceeding ten pounds; one lialf to His Mijedy, and the other half to the profecutor ; and if fuch perfon fliall be unable to pay the fame, he fhall be committed to the houfe of corrctTiion, there to be kept to hard labour for the fpacc of tv/o months, or be wliipped at the difcretion of tl;e Court. II. And ivhereas horfes by btingfuffcred to go at lirge on the peninfu'a of llatif is, frequently break intoinclofures and do great damages, B; it enaded, Tliat all horfes that Ihall break into any inclb- fures, within the peninfula of Halifax, lawfully fenced, or tliat fliall be found trcfpadlng tiicrein ; the owner of all fuch horfe or horfes fliall forfeit and pay tliefum often fliillings for eicli and every fuc!i horle, over and ab.ive t!ie duiiig.':; ; which forfeiture fliill be reco%-cred on pro.)f thereof, before any one of His Mijeity's JaLlice'; of the Peace for the county of llt- lifix ; onj half thereof to tiie profecutor, and the other half to the ufe of the poor of tlie to>vnof llillfax; an.l where no owner fliall appear to pay the coR-i, damages, and line, it fliiU and nuy be lawful for the Jullice of the Peace, wlio has heard and determined tlic fame, after public ad/ertlfenient given for ten days, to (111 tlic faid liorfe ; and tlie furp'ufage, over aad a'j ;ve tiie payment of the coils, damages, and fine, to be reHorcd to the owner when Jie appears. cap'- Tor A'":? in a- 111 .■nJinciU orad- (liti"n t.):'MsAi'>, 1"' c n.i;j .111 ,12^1. Ocu. :i.l.ciiJ. 14. /. ".vperibn vA,o fli.iilt irowd')\,,i or re in 'vc iir.y tcnru i,t iloiic Ml! I, orcairv ir.v\iy any rails,; &c. (oil convivlinn tlicedt bclois any C'uit li Rccoiv:)lli.ill!>>r- ■ tcit loT. Iitfiiics tliC d:im;ii7e3, '\r il ;ii)dlilij U) p.iv, Ili.iU lliliijr uvj» nioml'.s ip.ipri- lonniCit, or be whipt. 0\v.i:rs nfivir". IlS bieiixinj/ in- to incloli.us on^ the penii ll.lu ot"' ni,r.(,ix, ih^.it . t()r!c;t tco lliil' • lings K)r rach hoil'c,bL!ii.lcs the damages, to l-^ recovered bctnrc .mv one (urtii.e ot thv; i'eac?. VVhori;noov,"'?r !hn!la;);x'"r,lui;!i liorll: liull be ^ fjiil to pty cjih, cvj. lIiellivpKis to be rcTiorct! ;o the owner, wlv.:n h« • i..all iljUXdV." 128 c.i^xu. /Anno fcptimo Georch HI; "^7% CAP. IX. Zxiiiitsd. An ACT for continuing fo much of an Ad made in the fifth year .of His prcfcnt Majclty's reign, entitled, an A(t\ for granting to His Majcfly an Excife on Wines, Tea, CoiVec, and PI lying Cardg, fold within this Province, and of an Ad made in the fixth Year of His faid Majefly'a Reign, entitled, yn Ad for altering, amend- ing, and prolonging an . ' d made in the fifth year of the Reign of His prcfcnt MajeUy, entitled, an Ad for granting to His Ma- jelly an Excife on Wines, Tea, Coffee and Playing Cards, fol«l within this Province, as relates to an Excife on Wines, anil Playing Cards, fold within this Province CAP. X. |me>£ntor*aj- Ah ACT for prolottglng an Ad, made and pafTcd iti the fifth year of 'irrr'oiMu; His MajeHy's Reign, entitled, an Ad for the Summary Trial of Geo. ,d. c. ... Adions. WHEREAS f/jc Aclmnde mulMffcJin ihc fifth year of Ills Mnjc/lfs Reign, entitled. An AA for tlic Summary 'IVi.il o'c Actions, is ric.ir expiring. Be it therefore entultJ, by the Go- vernor, Coiineil, and Jjlmbly, That the faid Act, entitled, An r\uj:5ht before JuRicc-} of the Peace, wherein the (urn fued for does not exceed twenty {hillings, Ihall ncU exceed I'cven fliillings and fix pence ; and that the cofts in caufes brouglit as aforefaid, wherein tlw fum fxved for Ihall be from twenty fliilHngs to tlirec pounds, fliall not exceed ten flnlllngs, until execution ilfued, any law, ufage or cullom to the contrary notwithflanding. .Preamble. A51 continued iui tea yeai:;. . Cofts of fuit b;- fore JulHccs ot" t' e Peace Jiiiiit- JLcpiud. CAP. XI. An ACTto explain, amend, and reduce into one / d, the fcvcraj Laws now in force, relating to the Duties of Excife on Rum and other DilHlled Spirituous Liquors fold in this Province. fzp'ued. CAP. XII. An ACT to explain, amend, and reduce into one Ad, the fevcral Lav.'s now in force relating to tlic Duties of Impoil on Beer, Pvum, and other dirtillcd Spirituous Liquors. VM\ c.r. Anno reptlmo et o<5lavo Georgix III. CAP. XIII. 1767 119 Ixpircd. An ACT for granting to His Majefty a Duty on Wheel Carriages within the Pcninfula of HaHfax. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Twenty-eighth Day of May, Anno Domini 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, 6cc. and there continued by feveral Prorogations, until the Seventeenth Day of Ocftober, 1767, in the Seventh Year of His faid Majefty's Reign ; being the Fifth Seflion of the Fourth General Aflembly convened in the faid Province.* • In tlie time of Michael Fr»nklin, Lieutenant Oorernor ; Tonithin Belcher, Chief- Juftice and Prefident of Council ; WiU litin Ne(bit, Spcakar i Kidiiird Uulketey, SccteUiy ai Council ; Ifuc UclcliAiups, Clerk ot All«ii>U}. I Preamble. 3id.Geo. X. C.J. ad ll-ir. CAP. I. An ACT in further addition to an A 61, made in the Thirty Se- cond Year of His late Majefty's Reign, entitled, An A,(''; jir.dot liy the ihinch- v.'uril- liS .lint vol- ti y, in lio'lc.'l'.'il by i|)e Ciiuich- vmmI^; s. 'J li> .ifljd'jrs to U .illdicd by i rarilluoilcrj to (if iippji' I'.'il at th; iiietrtinit. (t/'i Hi;iii'» Eccl- l,;iw I Vi)l. !■> 1. /iPjHmI ii!li)Wtil ti> iLTibm ;iy jjricvjd. •r'lisiin.ltliefor. mcr Avt-io f;- tf .1 ' t'l ill cliur. ciics Mh.ch (li«!l he etvcicil h.:j- l!ic ufual goods, fidck, farnitnrc, ornaments, iiiunvlli of tlic iliurch, .wkI for arrcarnof f.i. l.iiy, ;iud otiicr iillow.uues to the r)rg.iuill, tlcik ;iml iiiMtoiv of tlic i.iinr, uiiJ to the ilcrk of the vcftry, and for all other ncccflary future church repairs, gtiod-. and orn.atientJi, as olhcr rates arc directed to he levied, collccloti and received, by the afore recited Ad or A(^8 •, and likewifr for half yearly afleflincnts and piiynicnts of the future grow inu; (idariesto tlic organ- ill, pariilt cU rk and fcxton, and clerk of the vellry ; witich vote or votes Ihall he iMutling on all the parilhioncrs belonging to the faid parifli chuvcU of St. I'aul's, and others dwelling in the faid parilh not cxenijited by law froui paying towards the fupporc of the church of EnglantI (() ; and (hall be aliened by the church wardens and vellry in jiill and equal pro- portions on every parHhionor, according to their leveral abilities, and Uull be collected, le- vied, and received by the church wardens as preicribed by the faid Act. 11. Prwhid always, and beit cnacltJ, That the faid aflellbrs ilull not tax thcniniws f'Iy named in this and the faid Acts as aforefaid. for KP-i in a- f icndmcntor sJ- J'tiun K> [Li's At\, 8ihaiul 9'h CJl-J. 111. CJJl. 10, i;lh a. id I4lil CiC). ,id. cap. X, lift Oco.,ui.<^.i. 37i.hLico.jd.C.4. Tieariblc CAP. If. An ACT for partition of Lands in Coparcenary, Jointcnancy, and Tenancy in Common, and thereby for the more cftedtuai collect- ing His Majcfty's Quit Rents in the Colony of Nova-Scotia. WHEREAS for the more fpeedy fettlement of the province it became necelTary to creel towr.fhipsin divers jmrts of the dime, and for uiducing perfons to remove into the province, and become fettlers and inhabitantsof thefaid townlhijis, it was found requifite by grants to the feveral petitioners to convey, previous to their arrival in the province, certain ihiros or rights in the refpectlve townlhip^, and inafnmch as the fiid rights couid not, with- out greatly rctardingthc progrefs of the fettlcments, be furvcyed and fet out to each rcfpcTiive grantee by metes and bounds in feveralty, it wa» judged e.xpcJient to convey the lands in the iaid towndiips to the perf )ns named in tlie refpectlve patents, as jointenants or tenants in com- mon. And whereas many of the grantees have never arrived, or by themfclvcs or others taken any actual polL'irion of their Ihares in the faid townfliips, and yet by the terms and periods in the laid patents they are entitled- and will long remain entitled to the faid fliares, by reafonwh-Teof numerous inhabitants in the refpedive townfliips having undivided parts, are greatly oppreffed and prejudiced, who, on account of fuch abfentees, cannot proceed to divide their rights by private deeds of partition, nor can any fummons be legally ferved as againflfuch abfentees upon writs of partition, and for want of dividing the faid lands, a con- fiderable part tlicrcof is walled and dcUro/cd by frequent trefpiifles and otha-wil'e, or lie un- cultivated ■^f.j Anno fcptimo et or an actouiit of prolits denr.uul.d)lc by one tnrant in c«iinni<»n a;.';uiiiil another, Fcr tomAy iuhennf,beit eriiitlul b\ the LicukMnt-GovcrKor^the Coutiiil and Ajfiirhly, That upon thcpetiti) from whence each grantee prelLnt fluil!, in the order wlicrein he is named in the patorit of grant to the townfliip, draw out one of t'.ie faid p:tpers, in theprcfence of the jury attending the provolt n.arlhalor deputy provoll mar- IJial ; .M'-d the nuuihcr fo drawh Jh.ill l-,e exprollui in the ir.t|ui(ition by the jury, and be ac- cordirgly afii^njd by the provoft uuuihal or deputy provoll iiv.nlhal and the JulUccs, in their return of the writ of paniiion (r) ; which Ihall be conlirmed by the judgment of the faid Court ; and the laid provoit marlhal, or his deputy, are herel)y requlrcil to give due notice to the tenants or occupiers of the I uls, or if they cannot be found, to the wife. Ion or daughter, being of th.e age of twcnt y-one years and upwards, of the tenant or tenants, or to the tenant in actual poilcflion by virtue of any cllale of freehold, or for term of years, or un- certain interell, or at will, of the lands, tenements, or hercditun-.ents, whereof the p;iriition is demaniled, forty d.ijs licfore the faid provoll marlh;d Hull proceed to execute the faid writ of partition; and if it ihall appear tolliefaid court, upon return of the faid writ of partition, that any of the pcrfons notified ncglecled to appear, judgment Ihall be given by default as againft them, and a final judgment for partition IhaU be ^tven ag.iinll fuch pjrfnns as were prefent at the time of execntin<.>- ihe writ; ami if the pcrfons af'^airfl; whom tlie judgment ihall be fo given by default Ihall rot within fifteen days after lerving them with notice of the faid jud_.^nient, apply themfl'lves to thetlie faid C'ourt by motion, and fli-w a good and prclable nuittcr ir. bar of the laid partition, the faid judgment by dcfiult fli \ll l)e c mfirmed, and final judgment entered (dj. PrmJcd ihjcrthjij's, that if the tenants or jerfims con- cerned Ihall flicw to the Court any inequality in the partition, the C'ourt n.ay award anew partition to be made in prefencc of all parties concerned, if they will appear notwithlland- ing tlie return ai.d fiiii;g upon record the former ; which faid fccond partition returned and fileii fliall be good and firm for ever again ft allpeifons, except infants {^t'J,yc//,w «ttr/ f^A J pcrfons of ^r-^y^'/w memory, who {hall, within one year after therefpecdvedifuliruics (hallle determined, Te eiui'J.xl to apply to the laid C'ourt, and Ihew a good and probable matter in bar of tlie faid partition, in which cafe the faid judgment Ihall be itt afide ar.d a new writ of partition fliall be awarded, and executed in prcfencc of all parlies concerned, which par- tition Ihall be finil and conclufive ag:iinft all perl()ns whaifoever. Frcvidul ii!fi.,ThAt all per- fons ablent may, within one year after fuch judgment of partition, to be publicly notifcd in the Nova-Scotia Ga-A'tle, or any other pul -lie news paper three weeks fucccillvciy, by tlitir agents or attornie^j, ujiply to the faid Court, and alkilijc any good and probal/.e matter agair.ft the I'nj. s,:,t. f. nn>l 9. V'.lll. .(. t. .•,!. Ilr nil! pi i'ptfUiAl b) t ■ini' 1. Arn, 1:. »8. iVtl t t'lon petition i.t' in\ iflinMurt of iin\ iKWiidiip •!,« Siiirmie Ci urt muv a«lr(l» writ of l';rrMon, fotK-f^eniHil Kf the Vr voif Mir- (h it, in prri'-nce cttwo Jfllicf*. (..iiicln nO\.jHy in'pmveJ t)vanT pir'rirtdiii, fliitll Uk'tctitotiicni. CliiirM to he tj,!, I ilti.'d lor, iinil tie niimlicM il, uvn ixp • iTrii in tl'.f !.i(i'ui;:tion met conlirii cdby ll'.c Cin!;t. l':(» .It Mira.:il togi.e 40 ('jvt ndtii c 10 (Uc OC- I'lipieis ol the Liilids, jcc. Pirf'-irrH'jly no- tiiuii, und iifg- liv'ti'.R to iipi^tar n Jll.c'dcfai'.cd ard (:r.il jidg- iiicr.tfi'rpj'tiiion l,'iv(.n apn'rfl (ne IHril.ns putliu j ar.d Mo iiy.iift lliC pt rlbll; de- t-i.!lu!, ri-It-rs tilt \ (ln;\v fi pro- ballc r stttr ir b.ir, \vi liin i^ 'ilVS. In r,i!C of Ine. q'.i.ilitv,lii? Court n-rtv nidi'i anew p.i'titiijn, wliith (hull bind .-dlpcr- lori e^Lipt in- hip.is, jtc. ttlid ni.iv l-vc a I t.v\ p;;i!iti<:ii,i,p. or II .wii'v ap:i> I'.i! if n:.,iicr in • lik^' rJicf .ib.-:r:*.(.i.3. ■(«1Rc(»;fV. nrev.' Ji:,1t.'i!. fl'i. a F. N n. t,(7.R. (/;) T.it. Se^. -^C.Co. I.'t. ifi; n. S. f.) t^ctiirn of tlif SlK-^ff' and Juiuii byiii- \vi.:ds (jl tin Wi I, r.-ii:'i) 0, Jli tile li'.ds, Cu. Lit. iuS, b. («}C'i;. Lit. »,',>'. a. ('} I it. Sufi. ijii. Co. Lit 11 i d- (y.) Lit.Seit. jj6, 2J7. Cd.Lit. 170. b. 171.U. ^.. m 132 C. III. Anno fcptimoet oftavo Georgii III. 1767 intheftcondpar. tition nopiopiie. tor (hiillberfivef. ledui'aoy T.ands ■dually improv- cdbyhini,buitl)e equ-.'i-'v (ha!i b^ niaiit V of un- improved Lands. Ko pica in abate- ment adniiticd 'n luits for partition. The appellee to r>ay cofts when thefrftjudgnient isconCmicd. His Majefty's iiuft Rents to b-; lecovcrable ""» *f fveiy fliare, and til be lc\ied But otdieproiits the faid partition, ard fuch new partition and judgment fhall be had as aforefaid ; which (hall conciud.; fucii abfent perfons, and all other pevfons claiming and deriving under the grants fo paffed by His Majefty's government for the fettkmcnt and improvement of the pro- vince. Provided likcwift^ that in fuch fecond writs of partition, no lands that have been builded upon, ploughed, or otherwife improved btnafide^ by the proprietor entitled under the former judgment ofpartition, fhall be di veiled out of fuch proprietor, but that the equali- ty of partition fhall be made out of the unimproved lands. II. And be it furiuer ena^cd,Thzt no plea in abatement fliallbe admitted or received in any fuit for partition, nor ftiall the fame b-* abated by reafon of the death of any tenant ; and that in all cafes where the former judgment fhall, upon appeal be conf rmed, the perfon or perfons fo appealing fhall be awarded to pay cofts. III. And be it alfo em^ed.. That from and out of every fev eral fharc fo to be allotted and affign- ed to each and every proprietor. His Majefty's quit rents rcfervcd and payable by every grantee in the refpeclive patents named, fhall be retov'erable by the afual procefs, and be levied out of the profits and other extendible goods and chattels of fuch refpedive fhare ; and that this AvT: nor any thing herein contained, fhall extend or be conftrued to extend to impeach or prt.;;udice His Majefty's rights to the faid quit rents, or to any forfeitures or other rights ia virtue of the fnid grants. ;t*: ""l^ CAP. III. EK^ptred. An ACT. in addition to an Act, entitled, an A£l for granting to His Majefty a Duty on Wheel Carriages within the Pcninfula of Ha- lifax.. At 1768 Anno 0(5Uvo Georoii III, C.I. »33 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Twenty Eighth Day of May, Anno Domini 1765, in the Fifth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, iVance, and Ire- land, KING, Defender of the Faith, &c. and there continued by fevcral Prorogations antil the Eigh- teenth Day of June, 1768, in the Eighth Year of His faid Majefty's Reign ; ocing the Sixth Seflion of the Fourth General Aflembly convened in the iaid Province.* •In the time of Michael Franklin, Lieutenant-Governor; John Collier, PreCdent oPCouncil ; William Nefbit, Speakert mdurd Attlkeley, Seaetaf y of Csuacil } James Brenton, Cicrk of MtmUy. CAP« I. An A CT for determining Differences bjr Arbitration. WHEREAS references made by rule of Court may contribute much to the cafe of the fitbjcd in the Pi-camble. determining (f controvtrfies, becaufe the parties become thereby obliged lofubmit in the award of ^ „ . the arbitrators^ under the penalty of imprifonment for their contempt in cafe they refufe fubmiffion., Beit lo. wiU.3.c.ij therefore cnaiiedbytlx Lieuenant-Gtvernor^ Council and Affembly, That it fliall and may be lawful for ^^^ j^ ^^^ all merchants and traders, and others dcfiring to end any controverfy, fuit or 'uarrcljcontfo- defiring to end Yerfics, fuits or quarrels, for which there is no other remedy but by pcrfonal ? ilion, or fuit ii; Arbi\'r°tion 'm!"! equity, by arbitration, to agree that their nibmiffion of their fuit to the aw rd or umpiragv gree their' fub- of any perfons, fliould be made a rule of Mis Majefty's Supreme Conr*, oi of any of His Ma • mHde"a mk of jefty's Inferior Courts of »."ommon Pleas within this province, which the parties (lull ckoofe, t:ojrt. and to infert fucli their agreement in their fubmilHon, or the condition of the bond or promif ; whereby they oblige themfelves refpcftively to fubmit to the award or umpirage of any pei - fon or perfons ; which agreement being fo made and inferted in their fubmiflion or promife, ^j^^'" '' or condition of their refpfilivc bonds, fliall or may, upon producing an afTdavit thereof made by the witneflcs thereunto, or any one of them, in the Court of whitii the fame is agreed to b., made a rule, and reading and filing the faid affidavit in Court, be entered of record in fuch Court, and a rule fliall thereupon be made by the faid Court, that the parties Pin-tien to be * fliull fubmit to, and finally be concluded by the arbitration or umpirage which fliall be bv'fuchTrbiua'ii made concerning them by the arbitrators or umpire, purfuant to fuch fubmiflion ; and in cafe "». of difobedicnce to fuch arbitration or umpirage, the party neglecting or refufing to perform inHfeofdifobe. aud execute the lame, or any part thereof, flull be fubjccl to all the penalties of contemning a jj't;'" p uties rule ^^^^'^^"t'^^-^'l Agreement fo made tobt infert* ed in thsir fu|> »34 unlcfa arbitrators mifhsbsred tliuiQlelTeg. Corrupt arliltra- tions void, iiid lu^y Jofi ictaOiJc. C. II. Anno ofttvD Georgii Itt. .17(51 tu\c of Court, when ho ia a fuitor or defemlant in fuch' Court, and tKo Coutt, on iwotion, fliall ilTue proccls accordingly, whigli procefs IhuU not be ^Topped or delayed in its executlori, by any order, rule, command, or procefs, of any other G«mt, either of law or equity, unlefs it fliall be made appear on oath to llich C.Qurt, that the arbitrators .or umpire miibchaved them- felves, and that fuch award, arbitration, or umpirage, was procured by corruption, or other •undue means. - II. Jrni be iiftftbcr enaSlcd, That any arbitration or umpirage procured by corruption, or undue means, fliall be judged and eflccmed void and of none cfl'ect, and accordingly be fct jifido by' any Court of law or equity, foas complaint of fuch corruption or undue practice be made in the Court where the rule is made for fubmiCion to fuch arbitration or umpirage, be- fore the lall day of the rcxt term after fuch arbiiraticn or un piragc,n adeardpublilLcd to the parties ; any thing in this Ad contained to the contrary notw ithftandirg. Pieamble. Eng. ftat. ,1 and 4. Aun. c. 9. Prnnnfforv notes m.iy bo utJigued or inJorlcil, and ,a(lii)i. ,iiaintr they might do, upon any inland bill of exchange,. made or drawn according to tiwcuflora of merchants, againil the peiion or perfons, who, or whofe fcrvant or agent, as aforefaid, figned the fame; and that any pcrfon or perfons, to whom fuch note tiiat !'• payable to any pcrfon or perfons, his, her, or , their order, is indorfcd or aJhgned, or the money therein mention- ed ordered to be p.iid by indorfcment thereon, fliall and may maintain his, her, or tiicir ai.tioii for .fuch funi of money, cither ngainU tlio pcrfon or perfons, who, or vhofe lervant oragftnt, as nforefaid, figncd fuch note, or againil any of the perfons that in- dorfcd t!ie ianic, in like manner as in cafes of inland bills of exchange : And in every iuch aclion thcpLintiiror plaiiitifls fliall recover his, her, or their damages and coils of full j and if jnty where the death fliall happen, whe- ther it fliall be found before the Coroner upon the fight of fuch dead body, or before the Juf- ticcs of the Peace, or other Jufliices or Commiflioners which fliall have authority to enquire of fuch offences, fliall be as good and effectual in the law as if the ftroke or poifoning had been committed and done in the fame countv vhcre the party fliall die, or where fuch indictment fliaU be fo found ; any law or ufage to the contrary notwithflanding : And that the Juftices of Oyer and Terminer and Goal Delivery, in the iiimc county where fuch indictment at any time h^-reafter fliall be taken, fliall and may proceed upon tl'e fame in all points, as they fliould or ought to do, in cafe fuch felonious ftroke and death thereby cnfuing, or poifoning and dcaUi thereof enfuing^ had grown all in one and the fame county. And that fuch party to whom appeal of murder fliall be given by the law may commence, take, and fue appeal or murder in the fame county where the party fo felonioufly ftrickcn or poifoned fliall rlic, as well againft the principal and principals, as againft every accdl'ary to the lame offences in wliat- focver county or place the acceffary or acceffaries Ihall be guilty to the fame. AwA further, tlicjuftices before M'hom any fuch appeal fliull be commenced, fucd, and taken within the year and day after fuc^i murder and manflaugliter committed and done, fliall pfocecil againft aU and every fuch acceffary and acceffaries, in the fame county where fuch appeal Ihall be fo ta- ken, as weU concerning the ti-al by the jurors, or twelve men of fuch county where fuch appeal or appeals fliall l>c he*jafter taken upon the pica of not guilty pleaded by fuch offender or offenders as ouiciwile. II. And be it further enaded. That where any murder or felony hereafter fliall be comn-.it- tcd and done in one county, and another perfon or more fliall be acccHiiry or accciliirics in any manner of wife to any fuch murder or felony in any other cou . that then an indiftmcnt found or taken agauitl fuch accellary and jcccilaiics upon the circuu^ftance of fucli matter before Juftices of Oyer and Terminer, and Goal Delivery, aj;j;:>inted to enquire of felonies in the county where fuch offences of acceffary or acceffaries in any manner of wife fliall be committed or done, lliall be as good and cffec'tual in t!ie law, as if the faid principal of- fence hadbeei) committal or done within the iamc county wJicre the iiimc ii.didmcnt againdi For Afls in «■;• niendment or wA' dltiontothisA:, upon.the deiuife whereof any rents are or \ ftlr'^CiKidsj'iic. ^'^^' ^^ reil'rved» or made payable,, fh^ fraudulenilyior clandcliinely, convey or- carry offer the L -fl'or, fi;c« frcin fucli demilcd premifes, his goods or chattels, witlrintcnt to,pvcvxnt the landlord or lef- diiy iit'tc' ' leize ^^^ froni diftraining the fciue ftir arrears of luch rent, fo rcferved as.aforeikid, , it Ihall and "> Kcii ocotis, &c,.,jnay be lawful to and for fuch Icffor oi landlord,-or any pciTou or pcrfii;is.by him for that :* « if they k.j, purpofe lawfully iirpowercd, within the fpace of twentyrone days next enfuing fuch -con vcy- -^ ken ilUliiiiitil. s jng away, or carrying ofl", fuch gccds or chattels, as aforcfaid, to take-and i'cizc fuch goods and. chattels wherever the fame fliali be found, ;is a diftr^fs for the fdd -arrears-, of-iuch rent, and the fan.etofcll, orotherwife difpofe of, in iiich wanner , as if the- faid goods^and chattels had aduaMy bee« diflraiKcd by fuch, Icfl'or or. bxitil jrd, in and upoji fuch demifed prcuiifes for fuch arrears of rent ; any law, cuf om-or uftge, to the contrary in any wife iiolwithftanding. Wl. .. Provided 1%31-ertbsUfs,, That nothing, inthij Acicont»ined»flull extend, or be conflirued fJiz7(i<» iis.ivc! to extend, to impower. fuch knbr or landlord totake. or feiKeany goods or chattels as a diftreft yt\\w\\ lliall t.e toiulfiJciiAdhi- fUJl. / \ ?i ovule c! fui'i I.tflor ih;ill not for arrears of rent^ which Ihall be fold bona Jide, .and for a valuable eonfideratiou, . before fuch ii:i«ure made ;• any thing herein contained to the contrary aotwjdiilanding. . Debt may be Vllh And 'i^jJicrciu no ailkn nfdsbtlks againjla tenant for Jifo or livcs^for any arrears ofrent^ dur^ brought ■A^.MA\-.':ng the continuance^, fuch cjhite for Jife or Ihes^ Beit £-«<;^/i!u', That.it fliall and may be lawful for fi^7tiii. ^^ '''any pcrl()n air pcrlons, having any rent in arrcar or-due.upon.any.lcaii; or dcmiie. for life or lives, to bring an aclion or icftions of debt for fuch arrears (*f rent, in the fame manner as they might h.avedoue, in cafe fut:h rent were due and rcferved iippna leafe for years. IX. And lihereas tenants pur, autcr vie, and lejjcesfur years, or at will, frsqut.nth hold over the te- nements to them dcnifed, oft :r the dttcrminatitn affukh k(fis y and.uhereas . aftir tie determination ff fir that purpofe, and as near as may be to the prcmifes ; and in convenient time to appraife, fell, or otherwife difpofe of, the fame, towards fatisfaftion of the rent fer which fuch diftrefs fliall have been taken, and of the charges of fuch diftrcfs, ap- praifement aiidialci in the fame m..nner as other goods and chattels may be feized, diilraiji- ed and difpofed of ; and the appraii'cmeut thereof to be taken when cut, gathered, cured, and m?.dc, and noHjcfiorc. XII. Provided alivnys. That notice ot the place where the goods and chattels fo dlfliralned fhull be lodged or depofited, (hall, within the fpacc of one week after the lodging or depnfi- ting thereof in fuch place, be given to fuch leflbe or tenant, or left at the lail place of his or her abode. XUI. FroviJed akvayf.) and it is hcrthy erut^cd^ That nothing in this Ad containc d, fliaKex- tcnd, or be conftrued to extend, to let, Jilnder, or prejudice His Majcfty, His heirs, or fuccef- f(irs in the levying, recovering or feizing, any quit rents, debts, fines, penalties, or for- feiture"!, that are or fliall be due, payable, or anfwcrable, to His ^l;1jefty, His Heirs or fucccf- foi-s ; but that it fliall and may be lawful for His Majefby, His Heirs and fucccflbts, to levy, recover and fci'ze, fuch quit rents, debts, fines, penalties and ibrfeitures, in tlie fame manner as if this Aclhad never beeamade j any tiling in tliis Ad contained to the contrary thereof in any wife notwithftanding. Tenants ff) have noticcotthcp'ace wheretlR-Jiilrdt is lodged. This ha fliall not hiiuler the King,&c;t6lf»f t^c. any Quit Rents, kc. uue to the Cro«a. CAP. V. ♦. An A61 in addition to and amendment ol' an A£t, made and paflTed in the third year of His prefent Majcfty's Reign, entitled, An A&. to enable the Inhabitants of the feveral Tcwnfhips within this Province. to maintainti.eir Poor. m°ndm.Spr.dl dition totliisAi.1 W ULV.'E.X^ in the Aa made and pafjd in the third year of His prcfcnt Mnyfifs reign, cnii- lnd"j"hG"o.rcL tkd. An Acl to enable the Inhabitants of the Icveral Townlhips within this Province "P-?. to maintain their Poor, the freeholders are direful to meft on thefrjl Monday in January anmudly, Freamble. to make prcvtfon for the relief 4iu.m ti.tliis Aol foiuoie UII ;th Ceo. jil. CAji. 1. Picjunble. The riiund Jury to iv>iiunatc eight poilons.ot wK-^m the Count ' ap- point! woot.moie KilKiuiveyo joi Highways. Ai5ts in amend- nient oratiiliiion to this Ki\ i5»h and i6ih Geo. jd.Ckf). 4. J!ith. Oto.jd. cap. A. jirt. Cico. jd. c. y. J 9th. Geo. jd. cap. 5. PrcaroMe. 4.\Vill.audMar. cap. 4. Chief Juftice *c. of tSe Supreme Court niuy make p.ny peilonb, ex- cept ■Itiornies and Solicitort, Corn.'"ilfionei?to take Bail, &c. in the Cuucuy. An ACT, in addii:on to an A61: made and pafled In the fifth year of Hi.- prelent Majclly's Reign, ontithd, A nAdl for tlie choice of Town Officers and regulating of Townfliipa. WHEREAS in anJ by an A61 made end ^ajfcd in the fifth year of Jits prefent Majefl/t Reign, entitled^ An At5t for the choice of I'own Of'Iccrs and regulating of Townfliips, it is, avwiig ether things ^ enadcd,'' That the Gram; Juries of the Quarter Scflloni* of the Peace (hall an- ' nually nominate four fit perfons, out of vhom the Court (hall appoint two, tobe furvcyors of highways.' And whereas in fame totuis twofumeyors of highways arc not fufficient ; Be it therefore eiia^ed, hy the Lieufenant-Go-cvrnor, Council, and Ajfembly, That for the future the faid Grand Juries of the Quarter Scflions of the Peace (hall annually nominate eight fit perfons, out of whom the faid Court of Quarter Seflions fl»all luve power to appoint two or more per- fons to bo furvcyors of highways ; any law, ufage, or cuftom to the contrary nolwith(land» ing. CAP. VII. An ACT for taking fpecial Bails in the Country, upon Actions de- pending in H's Majefty's Supreme Court of this Province. Ij^OR the greater eafe and benefit of all pcrfo;s •whatfocvir, in making oath to their debts, and irt takin'i^ *hc recognizances of fpecial bails, upon all afti ns andfuits depenHng, or to be depend ig in His Majefifs Supnme Court of this Province. Be it enided by the Licutena'-'-Governor, Cov.::! and Affembly. That the Chief Jufticc and other the Juftict;s of His Majcity's faid Supreme Court, or any two of them, wliereof the Chief juftice for the time being to be one, (hall or may by one or more commifuon or commifiions under the feal of the faid Court, from time to time as need (hall require, impower fuch and fo many perfons, othe> than comiv.on attorn'^'md fo- licitors, as they (liall think fit and necclTary, in all and every the Icvcral counties in this pro- viii^e, to adiiiinil^er JuiORth in writing to any perfon where it (hal' be ntceliary to hold any de- fendant to bail, iipon any original writ or procefs ilTuing ;.ut or the faid Jourt, and to mark the writ for bail accordingly ; and alfo to take and receiv(' >11 and every fuch recognizance, or recognizances or bail or bails, as any perfon or perfons (lull be willing or defirous to acknow- ledge or make before any of the perfons fo impowered. in any action or fuit depending or hereafter to be depending in the £iid Court, in fuch manner and form and by fuch recog- nizance r^r lySS Anno o£lavo Georcii III, C.VIIK 141 nizancc or bail j icce, as the f.ikl Jufticci liavc ufed to take the f.imc ; which Lid oath in wri- ting, and the faid recognizance or recognizances of bail, or bail piece, fo taken as aforcfaid, Ihall be tranfmitted to fome or one of the Juftices of the faid court, who, upon aflidavit made of the due taking of the recognizance of fnch bail or bail piece, by fomc credible perfon pre- fcnt at the taking thereof, fliall receive the fame, upon payment of a fee of two fliillings and no more ; which faid oath, and recognizance of bail, or bail piece, fo taken and tranfmitted, fliall be of the like effect, as if the fame were taken debcneejfe before any of the faid Juflices of the faid Court; for the adminiftcring of every which oath and marking fuch writ as aforefaid, the faid commiflioners fliall receive only the Aim or fee of two fliillings and no more ; and for the taking of every which rccogniaance or recognizances of bail or bail piece, the faidcom- miflioncrs fliall receive only thcfum or fee of five fliillings and no more. II. And be it further enaihd, lliat the Juftices of the faid Supreme Court fliall make fuch rules and orders for the juftifying of fuch bails, and making the fame abfolutc, as to them fhall fcem meet, fo as the cognizor or cognizors of fuch bail or Iwiils be not compelled to ap- pear in perfon in the faid Court, to juftify him or themfdves, but the fame iruy be and hereby is direfted to be determined by affidavit or affidavits duly taken before the faid eommiflion-- ers, who are hereby impowcrcd and required to take the fame, and alfo to examine the fur e- tics upon oath, touching the value of their refpeclivc efiates, unlefs the cognizor or cognizors* of fuch bail do live within the lownot Ilalitax, or within twenty miles thereof.- III. And be it further ena^ed. That any perfon or perfons, who fhall liefore any pcrft)n or perfons impowered by virtue of this Act as aforefaid, to tak^Spail or bailsj reprefent or per- fonate any other perfon or perfons", whereby the perfon or perfons fo reprefcnted or pcrfona- ted may be liable to the payment of any fum or fums of money, for debtor damages to be recovered in the fame fuit or aftion, wherein fuch perfon or perfons are reprefcnted and per- fonated, as if they had really acknowledged and entered into the fame, being lawfully con- vifted thereof, fliall be adjudged, cfteemed, and taken to be felons, and fuffcr the pains of death and incur fuch forfeitures and penalties as felons in other cafes convl>5tcd or attainted Jo, by the law of England; lofe and forfeit. ctive the liail piece, &t. ii;'rtn affiduvit iil tiue cxecutidn. Juftiets f i;-. Baihaken Mnw tu be as lie btne CommiUloners fee. Pov.'cr fipvn to thi- JuUici to make ruler fur julliH'inu the CAP. VIIL An ACT for the convenient and fpecdy Alignment of Dower. FORASMUCH as fome direnions in the law are neceffary^ that women may be enabled to com: by their dower ; Be it enadcd by the Lieutenant-Governor, Council and Affcmbly, That when and fo of^en as the heir or other perfon having the freehold, fliall not within one month next after demand made, affign and fet«out to the widow of the dcceafed, her dower or jafl third part of and in all houfes, lands, tenements, or hereditaments, whereof fhe is dowable at the common law, to her fatisfadion according to the true intendment of law, then fuch wi- dow may iiie for and recover the fame by writ of dower, to be therefore brouglit againft fuch perfons as have, or claim to liavc right as aforefaid in the faid eftate, in manner and form following, that is to fay : fl". GEORGE the Third, by the Grace of GOD of Great-Britain, France and Ireland, KING, Defender of the Faith, life, *" To the Provoft-Marfhal of our province of Nova-Scotia, or his deputy. Greeting. COMMAND A. B. within the faid county, toat inftantly without delay render to CD. who was the wife of E. D. late of .^forelaid deccafeJ her reafonable dower Felony f jr any p«rIon tci be li;ji! in nnutherntAit's tiiimc. A(1 \/i addition to tli.s Actjiith. Gt». id. c;ip. 6. Preamble. Heir, Jtc. to ren- der ilowcr with- in one month next afiei de- mand. W.it ofDowO. 142 C. VIIL Anno oiSlavo Georcii III, 1768 R" any eftate of Iioufcs and lands, and other hereditaments, which were her huf- band's, reafovabic damage fliall alfo be afllgned to her from the time of the deriiand made, and a writ of fcizin fliall be directed to the Provoft JVIarflial or his deputy, in manner and form fol- lowing, that is iofay : . fl". GEORGE the Third, by tlic Gi ace of GOD, of Great-Britain, France, arid Ireland, RING, Defender of the Faith, Ssfr. To the Provofl Marflial of our province of Nova-Scotia, or his Deputy, Greeting. ■WHEREAS CD. widow, who was the wife of E. D. late of ^ in the County \Vritoft.uin. affwcl.iid, deceafcd, bcforc our Jufticcs of our Court holden at .for our county .iforefaid, on the day of now laft paft, did recover her feizin. againft A. B. of aforcfaid of one third part of a certain mefluage or tenement, &:c. with the appur- tirvances, fituatein aforcfaid, in thcpoficflion of the faid A. B. as her dower of the eiidowmcnt of the TaidE. D. her certain hufband, by our writ of dower, whereof flie hath rn-.tliiug. ThgrciaxcAve eoromand ygu that to the iaid C. D. full feizcn of one third part of tlie iiforcfaid mefluage or tenement, &:c. with the appurtpiiances you caufe to be had without dcli\y : to hold to licr in fevenilty by metes and bounds. We command you alfo, that of the goods or chattels of the faid A. B. within your precincfl, you caufe to be paid and fatisfied ui." to the f.iid C D. at the \ alu 'hereof in morvey, the fum of -for damages awarded her by our fuid court, for her being held and kept out of her dower aforcfaid, and cofts expended On this fuit».with more for this writ ; and thereof a'fo to fatisfy yourfelf your own fees. .4"d for want of goods or chattels of the faid A. B. to be by liini Ihewn unto you, or ibund within you prccincl, to fatisfy the Xame, we command you tot ike his body,. and com- mit him to the keeper pf our goal in in our county aforcfal witliin, the faid prlfon. Whom v.c likewifc comnund to receive tlie faid A. B. and him fafcly to keep, until he pay unto tlie faid C D. the full fun\ above mentioned, and alfo fatisfy y/nir fees. Hereof fail not,. anil make rpturn Qf ilns writ, and how you fliaU have executed the fame, to our ne-\t Court to be holden .It for our faid county of .en the day of next. Witnefs, \l. II. Efquirc, at the . day of in the year of our reign, Annoque l>&ra;ui, 17. A, D. Clerk. And where no damages fliall be awarded, the writ to run only for feizin andcofls of fuit. ill. And bs it further tnadcd. That the provoli: marlhal or his deputy, to whom fuch writ is dircdedjis to caufe her third part of dower in I'ucli cllate, to be (et forth unto Jicr by live free- holders of the neighbourhood, upon their oat lis, (three at Icail to agree) wlio fliall be fwor.i before a Juftice of the Peace, to ict forth the fanic ecjually and impartially without favour or aflcclion, as convenient as may be; which oath every Juflice of the Peace is hereby impow- crcd to adiijiiiiftcr. IV. Dov.'cr to oe .'0' hf'ldtr;, I'pun oaiii. f}6B Anno odlavo Georgii III. C; IX. ^43 . IV. JnJ be it further etta^i,/,Thit of inlieritanccs that be entire, wIutc no divifioncan bo made by mctcs and b()undall nbt m.tkc \\,n) ur CAP. IX. Ah:A6lin further addition to and in amendment of an Act, made and palled in the Thirty Fourth Year of His late Majeily's Reign, entitled, An A 61: for appointing CommiUioners of Sewers. • WHEREAS /'» an Ad tiuJc and paffid'ln the thirty fourth year of His late Majtjlfs reign, entitled^ AnAcl for appointing; Commidioners of Sewers, it is, aniongil othtr things, enaficJ, ' That tlic cortimiilioners of lewera Ihall be impowcred to meet and convene toge- .;* rher from time to time,' as occafion may require, to view, conlider, confult, and contrive * fuch ways and methods for building and rc[)airing fuch dykes and wears, xs are ncceflliry * to prevent inundations, and for drowning anddiaining of fwanips and other unprofitable * grounds, and to employ workmea^'and labourers for fuch rsifonable wages- as may be * agreed on for cflec^ing th« premifes, and from time to time, to allefs and tax all fuch pcr- * fonaas may or fliall be owncM of fuch- meadows, mardies, or fuch unprofitable fvvanips or * lands aforefaid, toward* the- charge rlicreof'.'- And ivhcrc.:s many nf the Commijfw.srs tf fcMcrs complain tijat a£ijjii}^ ihe owners of fucb lands as afurefaid\ by no means - anfu-ers the intention propffed by faid-AdY as labourers cannot be hired ii lieu- ef fiuh oijners tf lands as afwefaid, whereby it thvy happen that large qtianlitiis of corn or grafs on the tnarjh luidtt may be greatly damat^eii tr utterly fpoikd by ihefea Qix-rjloivin^ the fame^ for want (f inimcdi,j!f la- bour, to the great hfs-and difiouragemtnt of the indvjirious farmer, and to the detriment of the Pn- vinee ; fir remedy whereof, be it enacled by the- Lieutenant-Governor, Council, and Ajlmbh, That from and after the publicatioii hereof each and every owner or poUcflor of marfli lands in inv lownflilp, diftricV, or place, within. this province, (where commifiibners of fewers are appointed) ihall in all common cafes, either in railing new or rejxiiring old dykes, or ditch- ing or drainirig lands, atteild either by himfelf or provide a fullicient labourer witli pro- per tools, to work at the time and place appointed by the faid commillioncrs of few«irs, a- greeable to the rules and regulations madefor that purpofe v and when it (hall hiippcn that any owner or poncllbr of any fnchnjarfh landi in any townfhip, diltric'l, or place, (hall hive,- occupy, or receive, the produce of a greater quantity of faid landi th;m one right or Ihase, in fuch marfh, that then and in tiich cafe every owner or poffeiror (hall fumifh a nuaiher of la- bourers in proportion to their rcfpoaivc quantities of lands, as agreed on by the com- niilTioncrs of fewers : And where it may be neccflary to employ oxen or carts, for the m(>re cxpeditioully carrying on their woik, each and every owner or polTellbr of fuch lands who have oxen or carts, (ha'l in like manner be obliged to attend witli, or fend fuch oxen or carts for the work aforefaid, and in t!,c aforeil.id proportion, in lieu of labourers. II. Prci)/V/t.'^<;/xc;fl;j, That fuch owner or poffelFor of fuch lands to be dyked or drained, fiiallkave atlcaft fix day^ notice of the time and place vhcre fuch wcrk is required to be doAc Tor AiTs in ,i. iiier.dn:ciitoi %d' ditioij njiliisAif, 111. note on 3 id, Vw'U. ad. Clip, 7. rrci:li lands ih;i!i attend liimlclf tr k-nd a i'urt;cici:t l.ilxmre' in com- mon c.ilc:', 'i> work in laiiing dyktsico. in ir-opoTtion to C f (|,. itlt'tlCS- ot 1.1 '■jlii.-lil.llilXl- kis. 0.-..t,'n iind carts ni.iv be employ- ed Ml lien ot U- bourci s. S'X djvs nut'cr t'l bei,i\en oi'th?- time ucd f l«t'2 144 C. X. Anno oflavo Georci I III. 176S whrre the work it tu b>; \ij3t. In cife of »nv AidJcn txi'itLii in any Jylce Ac. c- *civ Dwiier or podl'llur oflundi within Aicli iivke. Ihall im> meiluti'ly repuir to the I lace fii- ndli d, ahd tn- , or othcrwife, each and" every owner or poffcflbr of land within Iuch dykes (hall immediately, on notice be- ing given by any one or more of the commilTioners of lewers or pcrfons appointed by them, repair to the place dircftcd, with proper tooU, to labour and ufe their utmoft endeavours to repair fuch breach or place likely to be a breach ; and (hall continue to work from day to day on the fame, fo long a» the commiflioncrs of fcwcrs (hall judge it abfulutcly ncccflary, for prcferving the land and produce within fuch dyke fromtlamagc. IV. And be it elfo enadcJ^ That if any owner or polVeCror of any marfh tsx dyke lands within any towr(hip, diftridV, or place w iihin the province as aforelaid, fliall i.egleft or refufe to attend and labour, or to fend a fuilicient number of labourers at the time and place to be appointed by the cnmmi(noners of fcwers as aforefaid, in proportion to the quantity of land in his or their poffeflion, (due notice having been given as aforefaid) each and every delin- quent owner or poffciTor of fuch lands (hall forfeit and pay, over and above their affeflinent or tax to be made by virtue of the aforementioned Aci, tlie fum of five (liilUnijs for every day's negleft or rcfufal, for each and every labourer fuch owner or pofTeffor of fuch bnd ought to have fent. And if fuch owner or \)oS^ot of fuch lands (hall neglect or rcfufc to attend and labour, where any fuda ;n breath (liall happen, or be likely to happen to any fuch dykes, on immediate notice given to fuch owner or ixjlfeflbr, fuch delinquent owner orpof- feffor (hall forfeit and pay the fum of ten (hillings for each day's negloA, for each and every perfon which (hould have been fent by him, and fo in like proportion for oxen and carts ; tube recovered by warrant of diftrefs, on convicTion before any one of Ilis Majcfty's Juliiccs of the Peace for the county where the oflence (hall be committed, and for want of goodi and chattels to fatisfy fuch didrefs and charges, the lands of fuch delinquent, or fomuch as fliall be fuflicient, (hall be held and let out by faid Juftice until the produce .thereof (lull amount to the dnc and charges fo levied, in the fame munncr as is direded by law for a de- linquent's proportion of aflclfments or taxes for making and repairing dykes ; and the monies aridng from fuch fines to be paid into the hands of the commiflioncrs of fcwcrs to be appro- priated for the making and repairing dykes, in the townfliip, dillricl, or place, where tiie fame (lull be recovered. CAP. X. * An ACT for difcharging the Penalties and ForfcituTcs in Ponds, Contra(5Vs, and Agreements, on payment and latisfadlion of the principal Sum and Damages due upon the fame. BE // enadcd by the Lieutcnant-Govcrncrj Council, and Afimbly, That in every aciion upon any bond, contracl:, and agreement, with penalty for performance of the condition inaeiops contained in fuch bond, ccntracl, or ajrrcemcnt, it (lull and may be lawful for the refucdivc biuiii;ht upon '_' O ' r r > • n r 1 bon.i»5cc. «ith Courts, where fucli action (hull be brought, upim due proof of tlie jult fmn due upon the Sdi''b''oniyt>fr condilicui of fuch bonds, contracts, and agreements, together with all fuch damages and cods flit, luiii jufliy duL'. :ilv as liavebcen incuircd by non-performance of the condition, to dlrccl and receive a verdict for the fum and damages fo proved at the trial ; :i:ir1 to caufe fatisficlion to be entered upon tlie judgment upon fuch bond, contract and agreement, upon payment of the debt and da- mages, fo to be afccrtaincd by vcrdi^ or othcrwifi, 11. 1768 Anno o^avo Georcii III. C. XI-XIII. 145 II. And be it further enaliaU That when any an, and had been fo pleaded. III. And be it further ftuifled^ That if at any time pending an aftion upon fucli bond witli a penalty, the defendant iiiall bri»giuto Court the principal and intercft due, and ailcofts al- ready cxprndcd in any fuit in law or equity upon fuch bond, the money lli.ill lie taki:n in fa- tisfaftion of the bond, and the Court ftiall give judgment to difchargc Inch defendant. ' ' - ^M, III MiM I I I - I ■■ .. II I - ■ ' • CAP. XI. < An ACT to prevent the malicious killing or maiming of Cattle. In tAIun nftklit liriiu^hioiiCir.Klc bill II juilgmcnt, attcrnioii(.y |iiii«l, lui h paymu.t piav lie ^iLailed iit btr. PrinripaJ.ind In. tcR-ft i)n b(iiiil), & c, beinmnuul in Court, vie. the Limit iii.iy .lif. ch.irp.t; the d«« tuniirfilU C»r, BE /■/ ena£l:d by the Liaitenant-Govenitr, Council, and Affbiibh, That if any pcrfon or perfons **• ""'^ *.'• fli.Ul malicioufly, unlawfully, and willingly kill, maim, wound, or otherwife hurt, any *' '" ^' '" ^ horfcs, flicep or other cattle, every fuclj offender or offenders fhall lofe and forfeit unto the T''';V=. ''^niise* party grieved, treble the damage which he or they fliall fuftain, 10 be recovered by adion of mxxmM^^>l\^\.. trcfpafs, or upon the cafe, in any of His Majeiiy's Courts of Record in this province. ^'^•■ CAP. XII. An ACT, jn further addition to, and in amendment of an Act made and palled in the Thirty -fecond year of His late Majcfty's Reign, entitled, An Ad for preventing Trefpafles. WHEREAS the common wetbcd of fencing is generally ivithpolesin the manner tf Virginia fence, which kind of fence is not clearly exprejfcd in any former Act of this pniince r. luting to trcf- pnfjls ; Be it therefore enabled by the Lieutenant-Governor, Council, and A (fenibly. That the pole fence ubis now commonly ufcd, or any other fence made of brufli or other materials, to ilie judg- n^cnt of the fence viewer, fhall be deemed and held to be lawful, and if any difputc {hall arife thereon, the fame fhall be adjudged and determined immediately and without delay by any tw'o men of known reputation, to be mutually chofen by the parties, which two men, tojvether with the fence viewer, or the majority of them, fhall and arc hereby impowered to determine the fame; and in cafe either of 'o- faid parties fliall neglect or rcfufe to make fuah choice ai d appointment, then t!ie faid choi c fliall and may be made by the party willing and ready to do the fame ; any law, ufage or cuftom 'o the contrary notwiihflanding. Foe A, •Is 'n it. meailnientorad- ditioiuo this All, tie n itc on .1 ad. Geo. jil. cap. 14. Picaiu'ole. Pole ffnces, &p. to lie deemed l.i\vfnl,iicio,(llng to the juilgniciit lit tlv fi-nce vicAtr, &c. CAP. XIII. An AC'l Jor granting tc His Majeity, a Duty on Wheel Carriages within the Pcnin.ula of Halifax. E \-:.ireJ. u At 14^ e. I. Anno octavo et nono Georgii IIT 17^8'; At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holdea at Halifax, on the Twenty E^hth Day of May, Anno Domini 1765, in tlie Fifth Year of the Reign of Our. Sovereign Lord George tlie Third, of Great-Britain, France^ and Ire- land, KING, Defender of the Faith,. Sec. and there continued by fevtral Prorogations until the Twenty fecond Day of Odlober, 1768, in tile Eighth Year of His faid Majefly'ci Reign ;, being the Seventh. Seffion of the Fourth General Affembly convened in the iaid Province.* • A part of this SeflTion wi-s during the tmis of Miclutl Franklin, Lieutenant- OOTemor ; Jpnftthan Belch st. Chief Juftide and/ -yre'ldent oi Council; VYiHi.iin N:l^it, Sieikor; lliclurJ auiltoley, ?.:crct;ir¥ of Council ; and Ifa C Defchamns, Clerk: 9i AlCtinbly^and a fiu:t'..of.it dufug the time ov Lord WiliiaiaCanipbi:ii,Oove. aor ; andChaiks MorriSf.Prefidect of Couacil*'. l::/i FcrAtSsin a» mendnientor .id- ditiontothisAfi, fee note on 31.!, and 4th. Geo. 3d. cap., 7. Frcamblc*. Meeting of fre«- boldei f to he on tl'.elaft Tuefiky in Nov .'nibcr an- nually. Notic'*ofthe meetings annual-. ly, i'i:ill be given by the ovcritcf!. r* the poor, on pcfialty of tcL ♦ See idapil .;(l. frftions of chiji. T'h. th'j inclinl CAT. TV- An ACT in- further ado* 'on. to and amendment of an A^, made in^. the third year of His prefeiit Majcfty's Rcif.;n, entitled, An- Ad: to enable the Inhabitants of the. fevcral Townihips within- thia Province to maintain their Poor»^ "TX 7>IERE.AS-^/ an arnendment maJe in the laftfefflon of the Gencntl Affembly^ to. an AlI, mii/iol, W -An Acl: to enable iKeInhabitari«.of the ievcrul 'I'ownfliips in this Province to main- tain their Poor, //ji?y/v^>6fl/d'tT/arfW/m'it.i'/c?2K'rf/o« /Ae At/? Tuej'day. in Oclober atiHually, to nuiit prcvi/ien for the rslitf (^ the poor ; and ivhereas it isfaund isconvevient to have the meeting on that day. Be it ena3ed by the Licutenant-Go-Jtrnor, Cvuiicd,. and Ajpmbh^ Tliat the laid meet • ing of the freeholders for the purpofes aforcfuid, fhail be cr^ the laft 'iV.iiiay of Noveniberv annually. II. And bcitfurtfter enalkd. That theovcrfecrs of the poor, for the turvc l>eing, (halliilue their precept to the conlbbles of the feveral townfliips within this province, requiring tlicm to notify the ir'.ibitajnt£ to meet on the day appointed by this Act, and make prti-. IfionTor the fupport of the poor, agreeable to the directions of the Acl to enable the inhabitants, of the fevcral townfhips to maintain their poor ; and if fuch ovcrfeers fliall negl-jcl to ill'ue their precept as^ aforcfaid, each of the faid ovcrfeers Ihall forfeit and pay to rhc treafurer of the province, for the ufc of the poor, thefum of ten pounds, to be recovcri;d by bill, plu:>t o* inforntaiion, in any of His MajcPty's Courts of Record in this province.* ^ III. And whcrcns in and by the afnn-renttd Ail^ it isenaElcd, ' That if any oftheafTcflTcrs or colic;:. * tors ghofcn and. appointed, fl all refufcto fcrve in lh.'irrcipecli^\; olliccs, each pciibn iiit. n-at. J 7. GtO. 2 C. ;. C'i,ir.;CS uf i)00f "iiri'li'-' t be I'.iid Ly t: •• c '.iii'v i.i-allirer. b) ui Jtiolcuuri, 148 C. IIMV. Anno o£lavo ct nono Georgii III. 17.68 %n counties wheK'notrcMfur- er ib' appointed, Sec. I'lich charg- es llr.iU hi paid out of the public trealliry. The defendant's pl'.ain uii nfllon brought tyr any tiling 51. The defendant Ih.ill recov'.T treble daniai;cs Slid colts of I'uit. ThisAil not now in force bcinff • ak.'rcd by a lub- ftftjucnt iUtut«. fon fucli fum of money, as to the faid Court Avail fccm rcafonabl? for his liine, trouble, and ex» pence ; which order the proper ofliccr of fuch Court is liereby directed and required to make out, and to deliver unto llich perlbn, upon being paid for tiie fame thi fum of fix pence and no more ; and fuch trcafurcr is hereby authorized and required, upon delivery of fucli c >^er forthwith to pay to fuch perfoii or other perfon authorifed to receive the ikuic, fuch lam of money as aforcfaid, and fliall be allovi'ed the fame in his accounts. IV. And be it further enacted. That in fuch counties .where no county treafurcr flull have been chol'cn, or in c.ifc fuch treafurcr fhall not have any money in his hands, to pay thefunv fo ordered for conveying poor prifoners to goal, or for the attendance of witnefl'es, that then and in fuch cafe the fame fhall be paid out of the public treafury of the prf)vince. - irTw \ . Ai'J be it further enadcd. That if any action of trcfpaCs or other fuit Ihall Jiappen to be attempted or brouglit againft the perfon or pcrfons for taking of any dhlrefe, making of anyr fale, or any otiier acl; by authority of this prcfent Act, the defendant or defendants in any fuch action or fuit, fliall and may either plead guilty, or otherwife malcc avowry, cognizance or juflification, for the taking of the faid diftrcfs, making of fale, or any other aft by virtue of this Act, alledging in fuch avowry, cognizance, or jullificairon, that the faid diftrefs, fa'e, trefpafs or oth<"r thmg whereof the plaintiff or plaintiffs complained, was done by authority of tliis Act, and according to the tenor, purport and effect of this Act, without any exprclT- ing or rchearfal of any other matter of clrcumfiance contained in this prefent Ad : to which avowry, cognizance, or juftification, the plaintiff fhall be admitted to reply, that the defen- dant did take the faid diitrcfs, made the faid fale, or did any other aft or trefpafs fuppo- fed in his declaration, of his own wrong, without any fuch caufe alledgeid by the faid defendant ; whereupon the ifi'ue in every fuch adion fliall be joined to be tried by ver- dict ( tinvd v>id;i:i tho Iirovincc, the i:m\a il-.al: lie rii;iikfd with tl'iS liift letter of I lie tiiime of the t%wn V, here ii'.a- niifiiiiturccl.. Peiialtv rol. fijr coumt ll-itint; _; the furveyor's mark. How loifeiturei anJ pciuiities lliail be kppiiiid. ■ Afls in anient, merit, .'tenaii^u Orirdditi'j;itothi3 A<^, which le- fpeJls-the Sii- piemt; Court, c, • 9 of ti-ii L;I|t,n, . 14th aid ijdr. t»i,). r^i. CHP. 6 and S. 20th. Gco.^ ,?d. cv'j. I- •:6tli".'* oco. ',d. cap. i» 3 1 ft. Goo. 3d. c. 9. ^fitli. Geo. y{. c;.p. J, .'9:bt' C.JO. .d. cap. J. 4;d. Geo. ;d. c.ip. I.' at'd the' tempoirii V A0I3 ot't!ie i;,d. auA ;4di. Gk.'0. 3d.. Prcimljle. The Supreme C'oiMt fi.ail lio holden 1; Nnir t.Tmsc\ei-v ye.li' 'J he I, I A3 ic- i'^e^'ipp; J»!Or'!, i\t-;;d(.dl:)lL».li tui..r teiiiib. CAP. «5« €. VI. Anno octavo et nono Georoii HI, CAP. VI. iyen •yWr Afl» in -d- dition orainci;^"- mcnt ofthi$Act fee note on 5th. Uco. jd. cap. ;. preamble- •«|TpontlienepIe;.1 of ihc Grand Ju- •licsto make pi c- ;ftntmeiit, the Judges of Afiize or the Juflices ia tJcneral SoiT.^nr-, ■, or that may be neccflary to be raifed for (he purpofcs therein men- ' tion<;d ;* And ivhereas the Grand yttries in fune ■counties in the province, have negicStcd or rcfufcd to nahe fuch prefentment, to the great detriment of the public good. Be it ena^ed^ by the Lieutenant Governor, Council and AJfembly, That on the negled or refufal of fuch Grand Juries to make prefentment as isdireded in and.i>y,the afore recited Acb, the Judges of Alfize or the JuIUccs of the Peace in .their General Sefljons, fljall^and they are hereby impowercd to amerce the county in fuch fum or fums as it fliail appear to tliem (upon-6uc proof made before them) to be ncccfl'...y for defraying the expenccs which have arifcn, or (hall be judged by them nccelTary to be raifed, for the ufe of the county : which faid fum or fjms fliall be equally aflTcflcd on the inhabitants of faid county, a,ccordin£ to their ability, and paid into the hands of the trcafurer of the county, for the ufes aforefaid ; and the Judges or Jufticcs afore- faid are hereby authorized and impowercd to appoint three afleffors in each townfliip, for the afltning the moric/ iforefaid. II. And luhereas in and by the afore recited Acl, it is alfo enaded, * That the conftablcs (hall le- •' vy the fum j?roport!ancd for each town,' w/jiieb is found inconvenient. Be it ena8ed. That it (luill and may be lawful for the refpccT;ive afleffors, already appointed or to be appointed for any tovi-n, to nominate and appcjint one or more collectors, to colleAand receive all fums of inoncy as have been or jnay be affcffcdpur(iiant to this or the faid \€t, and -the (aid coUeclor' or collectors, when he or they (liall have fo colic i Hcd, That the county treafuicr fliail repay into the province treafury the aforcfaid fum of fevcntecn pounds, out of fuch monies as (hall be paid into his Innds by virtue of this A(5):. m' CAP. tf6B Anno odavo ct nono Georgi i HI. C. VIMX. »5» CAP. VII. An ACT in further addition to, and in amendment of an A6ty m^de p^^^^^.^^^^ ill the Thiny-fecond year of His late. Majefty's Reign, entitled, *i**^pX,"Aft, An A6t for preventing Trefpafles. fee note 00 3»d.' Gcu. id. c. I4> WHEREAS many farms in this province are bounded by rivers that arefo.-dable at low water ; and whereoi it luould be impradicable to make any fence that zuouldjland the force of the tides in fuch rivers : And iu}}ereas great damage has been donetofuch lands by cattle rur.r.lni u' /u/^c', gnd theperfons to whom fuch cattle belongs^ could mt, by law., be prrfccutcd for a trefpafs^ as fuch ri- vers are not deemed-a fufficient fcnce^ Beit therefore enailed^ by the Lienfenant-Governor, Council and Affimblyy That to all farms wJiich arc bounded on rivers where the tide Hows eight feet and upwards, at common tid*3, fuch river fo far up fliall be deemed a fuillcicnt and lawful fence. II. And whereas the penalties injiidedby an A£f\ enl d v/, An Acfl for preventing Trefpafi'cs, upon pcrfoHs refufing..ttferve in the office ofoverfcers of thepm\ are inffjjiclentfot the end and difign rf the fiiid Ad,De it enaSledy That wlien and as often as any p^rfan nominated as by ±c i.v^^. Act ii diiefted, Hull rcfufeto fcrve thefaid oilke, he IkiU forfeit and p;iy the fum of five pounds. III. And whereas the f urns ariji^gfrom the penalties for not ferv':ng ih fiid office of ov:r/hr of the pjior^ are not appropriated, beitcnaded. That allfuch h tvs cf r c r cy , ashy vii tue of thcfaid penalties have been received, and now remain with the clerk of the Supreme Court, ai>d all fuch funis of money whicli may hereafter be received on account of the f;ud pcrtaUir:^', flriU be paid to the overfeers of the poor, for and towards the reli\jf and fupport of ihe poor of the feveral towns for which they fluil be refpcclively appointed. Preamble. Ail riTcrs (hall b# • deemed lawful Jeoccs, «herc the tiile flows eight feet aai Ujjwards, Perfoas refjfing^! to feivs as over-' fcers of the poor*- (hall forfeit it. fiich pennlticj !;oSj for t!i.' re«- lief ofihe poor> CAP. VIII. An ACT 1 ACT in addition to an A61 made and palled in the Thirty RepM'-d ^;th«' Third Year of His late Majefly's Reign, entitled An A<5liri ad-3p ina- UHiidn.fiH orail- di.io3.ti) thit Act, {'.\: noto 1)11 7tli, jiikI S:i). Geu. aJ.tui:. J. Prcniiilii Ul"):i writs (if p..iliti.Hi,div 'fioT ri.iy li ' I'l.idi; lit' a'ly i;i; d^bv a Jul v^(th,:C'oun- ty in ai y pa't of t!i-Couiitvv. iicie ti)i.juriw;ia..!lLc. T!.:5 S^ not tn be in i.\ce uuld .t!i,; Kuu;'5pLa. ■fuie ih.iH bs Juvw.u. An ACT in amendment of an Acl made and pafled in the feventh Year of His Jiajcfly's Reign, entitled An Ad, for Partition of Lands in Copercenary, Jointcnancy, and Tenancy in Common^ and thereby fcr the more effedual collcding His Majefty's Quit Rents in the Colony of Nova-Scotia, W \1?.}K.Y. A?) ihe prefent method of exccut'wg writs of partition, by the Provofl MarJhaPs furri' vi'tni>igthe u-ry to attend 071 the hnids, in order to •vicu) and make divifionofthefame,may btoftititimei attended uith an expence equal to, or exceeding the value of the premifes ; and may, in many cafes, be alnvfl ii;ipraclicable,frun the nature, fit uatibn, and large extent of the lands to be divid- ■'d^bcit iherffcrc ina3td,by the Governor, Council *nd Alfembly, That it Ihall and may be lawful •for the provoft marihal or his deputy, upon reccivlr.gai.y writ of partition, for dividing any lands, to proceed to the execution thereof, in any place within thecounty where the lands ihall be, by a jiiry of the laid county, who fljall accordingly make a divifion of the fame, a- frceableto tiie bounds cxpreiled in the grant, and the belt information that can be procured of the value, nature and quality of the lands ; and futh divifion, fo made, fhall be as valid and tffeftual, to all intents and purpofes whatlbevcr, as if the fame had been made on tlie fpot ; Provided xkvdX the faid divifion be made, in every other relpecl, agreeable to the laws in fuch cafes n^adc and provided. II. And be it further enaclcd. That nothing in this A(t contained, fliall be of any force or effect, until His Majefty's pleafure fliall be known ther..in. c.u\ 1768 jch oflcn- I'ctt'cd in refcrc to re- v/hen any ity firuate 10 town of :rs (hall be al for the i evidence ise, or Gc- Aflize, or )f fuch cf- )cen done tions, and : hereby is hatfoever, any law, c or efiecl 1768 A.ino oiStavo ct nofto.GfiORou III»K C. XI-XVII. 153 GAP. XU An ACT for ecrttinuing an A£^ made in the Sixth Year of His pre- ^^^^^^^ Cent Majefty's Reign, entitled, an A 61 to prevent the multiplicity of Law Suits. w CAP. XII. An ACT for continuing an Ad, made in the Sixth Year of the Reign ofHi&prefent Majefty, entitled, anAdlfortlie eftablifliment of Expired. ^ Fees, as regulated by the Governor and Council, at the Requeft of the Houfe of Aflembly. CAP. XIII. ^ An ACT for altering, amending and continuing, an Ad made in Expired. the Sixth Year of His prefent Majefty*s Reign, entitled, an Ad concerning Bail. CAP. XIV. feventh ition of mmon, s Quit fhal's ftim- efame, tnay id may, in to be (livid- be lawful riding any t'lie lands e fairc, a- procured 1 valid and tlie fpot ; ws in luch y force or An ACT for granting to His Majefty an Excife on Wines fold within £„;„j^ or brought into this Province. CAP. XV. An ACT for altering, amending and continuing, an Ad, made in the Expand. Sixth Year of His Majefly's Reign, entitled, an Ad for prefcribing the Forms of Writs and ?:he manner of ifluing the fame. CAP. XVI. An ACT for fuppre fling unlicenfed Houfes, and for granting lo His Majefty a Duty on Perfous hereafter to be licenfed. ^"P''*'** CAP. XVII. An ACT to repeal two Ads made in the Seventh Year of His Ma- jefty's Reign, relating to the Duties of Ipapoft and Excife. "^ ^''*""*'' CM\ W C^^' 154 Kxpired, c.r. Ixpii'dL Anno none ct dccimo Georcii II T, CAP. XVIII. 27C5 An ACT to anocnd^ render more effectual, and reduce Into one Ad, the feveralLaws made by the General Aflembly of this Province relating to the Dtties of Impoft on Beer, Rum, and other Diililled Spii'ituous Lia ' .• iir.ir. of (^nij .T 1.-. uet cifinr^ i n ,16 l)i'i'd«n, 'r re- ;Mii 1. -Igei. In wlirit manner liicli lims IIimII be iiHcilcd, &c. 5. Cieo. ;. v.. 6. 8. Cu). 3.C. 6. 1. left. Upon tlic ncg- kaofUicGiu ..^ Jtiiii'S to make piticiitmciit, '*•« Jud>ii.!,_of Aliii.e or Juftice* in ficiKTalSilIioni, (||.;ll amticc tlie county in the iuiiiS nictniiif to be ruiicU. For Ai'^j in a- mendnitnt or ad- dition to thi'Aft, fee rote en ,'4lh. Geo. »d. cap. 7. Preamble. 3. r.eo. 3.C. I. a.fds. I;*rdE of ?I)ftrt iiKrrktois may he Itic', fo ray tl.tii 1 icctriicn it! c'\ k If IJ 2i;d (fip'rjrg tie i^n.i'. :1 r,o di- fli'Js call be f<;Lr,(J on 'lie prtn.iks, &.c. j»^ iS(y c. in. Anno nono et dccimo Geokoii III. Pf rfoas aRsriev- ctl may appeal to the'Ofciu'ial Mvmbly. Tor A.?ls in a. menilmentorad- ffitiontothisAkT, foe note on 3»d. Ceo. id. c, is- Prtamble. Pinaliv on per- foiis undci to.ir- tten v'-ats o> a^^c tiling Out of ^ftay ^n, &c. Or any perfun fiiina within one hiindreil y.irds or another, ($- tli'jron horfc- Kick or in a c ir- riage within the pc-ninfuIaui'H&- Mix. Expired. 1769 deputy Is hctcby fully iitipowcrcd and dirclftcd, immediately to execute a deed thereof, and deliver fcizin and pofleflion of the fame to the purchafer or purchafcrs j (for which the faid proved n^arflial or his deputy fhall receive a fee of ten ihiUings and no more) any law, ufagc or cuftom, to the contrary notwithtlanding« II. Provided ahvays, That any pcrfon thinking himfclf aggrieved at any falc, fo mad- hy the coinmiflloners in purfuance of this Aft, may appeal to the General AlYcmbly for relief. I ■ III .1 I , I I III III 1 1 1, CAP. III. ^ An ACT in addition to an Ad, made in the Thirty-fecond Year of His late Majcfty's Reign, entitled, an Ad to prevent unneceflary firing off Guns, and other Fire Arms, in the town and fuburbs of Halifax. WHEREAS 7fr//7f ofgiint on or near the high roadt, tn/n be attendiid with fatal accidents, by frightening of horfcs piijfmg by, and othe' Lad confcqttences : Be it enadcd by the Governor , Cntncil, and AJfembly, That from and after the publication of this Act, if any child under four- teen years of age fhall fire out of any gun, fufee or piftol ; or if any perfon, of what age or de- gree foever, fliall unneceffarily fire out of any gun, fufee or piftol, or otha* fire arm, within one hundred yamppf any perfon, either on horfcback or in any carriage within the peninfula of Halifix ; fuch diikl or perfon, their parents, guardims or mafters, fliall forfeit the like funi as is inflidcJ by the aforefaid Ad ; and to be recovered, levied, and applied, in like man- ner as is therein provided. CAP. IV. An ACT for eftablifhing and regulating Ferries. ^ CAP. V. Expired. An ACT to prevent, for a limited time, the Exportation of Wheat, Rye, Barley, Flour, Meal, and Peafe, from this Province. ExpiTsdl. ExfireJ. * CAP. VI, An ACT in further amendment of an Ad made in the Sixth year of His prefent Majefty's reign, entitled, an Ad concerning Bail. CAP. VII. An ACT for further regulating the Market at Halifax. At 1770 Anno d«cimo Georoii III. CI. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixtn day of June, 1 7 70, in the Tenth year of the reign of Our Sovereign Lord George the Third, of Great- Britain, France and Ireland, KING, Defender of the Faith, &c. being the Firft Seffion of the Fifth General Aflembly convened in the faid Province.* * In the time of Lord William Campbell, Ooremor ; Jonathan Belcher, Chief Jullice anil FreCdent of Council } WiUianB Jttfhit, Speaker } KiohardBulkclcy, Secrtwry of Council } liiuc Delcb- mpi, Clerk cf AlTembly. 157 • An ACT for the fettlcmcnt of the Poor in the levcral Townflups ■within this ProvincCr WHEREAS //« neccjfary ibat the Poor in this province Jhoul J have fomeJiKed place of fcllUmeni', to prevent their wandering obout the (ountry.,imd, that the towm to which they do not properly hehng, Jhoutd not be put to theexpence offupporting them^ Beit ena^ed, by the Governor^ Council e^nd jljimbly. That from and after tlic publication hereof, no town or townflup within this Pro- vince, (hall be obliged to maintain'any poor perfon or perfons, unlcfs fuch perlbn or perfons be a native of fuch town or townfhip,. or have fcrvcd an apprcnticefh^), or have lived as an hired fervant one whole year, next before fuch perfons application for relief, or have executed fonve public annual ofllce, or fliall have been aiTciled and paid his or her iharcof the taxes foii the poor of fuch place, or any public taxes during one wliole year, at one time. II. jind it is hereby declared and ena^ed^ That every perfon within the laid defcript Ions (hall be entitled to a fettlement in the rcfpeftive towns or townfhips wherein fuch perfon or porfonii fiiall be {o qualified as aforefaid. HI. Jnd be it further enailed. That any perfon or perfons who fliall apply to the ovcrfeeri* of the poor for relief, not having obtained a lawful fettlcmcnt in the townfliip, fhall be required to declare, on oath, before one of Hi^ Majefty's Jufticesof the Peace for the faid townfhip or county wherein fuch townfliip fliall be, liis, her or their, laft place of refidcnce ; and if they arc foHnd to have gained any lawful fettlement within this province, a true copy of the fiid dc- daration, atteftedby the faid overfeers of the poor, and certified by the faid Juftice of Peace, together with the amount of expence incurred, fliall he tranfmltced to the overfeer of the poor of the townfliip to which the faid perfon or perfons fliall belong, and in calj they refufc or negleft to remove the faid perfon or perfons, and pay the expences incurred, ii fliall and may be lawful for any two of His Majefty's Jullices of the Peace for the county or townfliip where fuch perfon or perfons have become chargeable, by a warrant under their hands and feds, to caufehim,her or them, to be removed to the townfliip where they laft obtained a lawful fettle- ment, and the overfeers of the poor are hereby required to receive fuch perfon or perfons, and to pay fuch fum and fums of money as Ihall havs |feen neccH'arily expended as aforefaid, to the w-erfeers of the poor of the townfliip from whence iuch perfon or perfons have been rc- n;oveJi For Alyinj( tur rtlici to dc i-liirc tliiir la.lt p!uccoiiclidci,c« Ovn e? rs rf I'lc Pom to . e\«ovc rcrloiis bulorg" in", t> To\vnfli:p where the\ ferve. In c'efai,!*, Two Jurtices by war- rant to cauft luc'j perfo-s to be re- niuvcii, and th'crerfecrj to p.iy all char- ges. '58 CI. Anno dccimo Georcii III. 1770 /' focH o»frfeet» }uve noi n>uiicy iu tluir hitiKls,to f> i-iil ciurgi-cl tt.ercAith until next ailciiiiicnt. Two Jiiftici*» to IimJ oat pci ionl Enff. S;,it. ,1 & 4 Will, ,i iJ M.iry, ( ip. II. T'o'ii', (lid, blinil, it Ti';, and iiupo- fcnt p^ilonb, to In; ivlivvtd hy tiiciv parenvi or rliildr.:!), in man- lier as byStirioni ituU be uidered. Trg. Stat. 5. Cjhk1s H.id Chiuels for that purpofe. Children of Pi- rents dtci;all'd, »ho h:ivo gained a fcttL-aicnf, to be pjpportcd. T-i'vn^ip* or p..>ru> IS agsrit-v- cd ni.iv apptdl moved ; Prcvidtd ahvnysy That in cafe fuch ovcrfccr or ovcrfcers of the poor, fliall not have money in their hands wherewith tountwcr laid expencc, futh ovcrfccr orovcrfecrs {hall (land charged therewith, until the next affelTincnt to be made on the townlhip to whichfiiich poor porfon fliall bclonff. IV. And In- it a/fe ena^ed. That it fliaJI and may be lawful for any two of Ills Majcfly's Judiccs of tlie IVace, on complaint of the overl'cers oftlie poor, tobind out any pcrfon or ptrfons, who fliall be found begging or firoUing about, for any term not exceeding one year. V. And be it n'fo further cnmlcd. That the fatlicr and granil-father, mother and grand-mother, and the cliiklrena.nd gr.md children, IcvcraUy and rcfpcctively, of every poor, old, blind, lame, and in.potcnt pcrfon, or other poor pcrfoiis not able to work, being (jf iiifllcicnt ability, fhallat his, her, or their charges and expenfcs, relieve and n'aintain every fuch poor pcrfon as aforcfaid, in fuch maimer as the Juftices of the Peace at their General or (Quarter Seflions Ihall order and direct, on the penalty of forfeiting and paying five fhilHngs for each perfonfo or- dered, to be relieved, for every week tliey fliall fail tlurein, to he fued for, levied and reco- vered in the ufual manner, aadtr liolding thcfaiil mecetings (hall be on the firll Monday in April, and on the firft Moml.iy in Ncjvcmber, and in cafe the bufincf^ to be tranfai^ed at the faid meetings cannot be completed on the faid days, it fliali and may Le lawful for the chairman, with liie confjnt of the majority of the freeholders then prefcnt, to adjourn the fame to the day following, or to one other day i any law,ufage or cuftom, to the contrary in any wife notwithftanding.- II. And be it alfo enodlcd, 'I'hat if ti\cnu)ncy voted for the fupport of the poor for tfie cur- rent year (hould not lie fufticient for that purpufe, the faid freeholders in fuch their next meeting (hall be, and they are hereby, impowered to vote fudi further funis a Ihall be thought neceflary to make good' fuch dcliciency. HI. And be it further enabled. That the overfecrs of the poor fliall for the future account on oath, if required; before the General Sellions of the Peace held next after the- expiration of their office, for all monies raifed and difburfed by them for the fupport of the poor.- IV. And whereas the appointing twelve aflfeffors for affefling^the fums voted for the fupport of the poor, is in many refpefts found. inconvenient : Be it cna^ed^^'Vhdt for the futuie the ftid aflTellments lliall be made in the feveral townftiips (Halifax excepted) by five freeholders, and no more ; any law, tifage or cuftom^ to the contrary notwithftanding. V. And be it alfa ena^cd,'V\\?iX in cafe of the negleft or refufal of ilie freeholders of any townfliip to meet and make provifion for their poor, as is direAedin and by this A^, the Juftices of the Peace, in the General Scffions hcM for the county wherein fuch townfhip Ihall be, (hall on the application of the overfecrs of the poor, amerce fuch towndiip in fuch a fum as (lull appear to them to be necclfary for the purpofcs aforcfaid, and (liall appoint five free- holders for affefling the fame in the feveral townflups, (Halifax excepted) and th.c liim lb amerced (hall be levied, paid, and applied, for the fupport of the poor of fuch tuwn(hip ; and if the fald afielTors fo appointed, (liall rcfufe or nrglcifl to ferve in the f.iid office, they (hall be fubjeclto a fine of forty (hillings each, for the ufe of the poor, which (hall,, on fiiUire of pay- ment,, be levied by a ^-arrant of diftrd's and fale of the goods and chattels of tlie perfou or perions fo refiifing or rcgle<^ing, and others (hall be appointed in their ftead. VI. And whereas in and by an AcV made in the eighth year of His prefcnt Majefty's reign, entitled, An Act in furtlu-r addition to, and amendment of an Act made in the third year of His prefent M'ajefty's reign, entitled, an Aft to enable the inliabitants of the fevcral fiAVf>fi\ip3 within this province to maintain their poor, the fine impofcd on the overfecrs of ihj poor for neglefting to iffue tlieir precepts to the cnnftables of the fe\'cral tovliifliips, r<.Qiuring "htm to notify the inhabitants to meet on the day appointed by the faid h^, and m- k.: provifion fc? the fupport ofthe poor, is dircclci tobepaid'to the trcafurcr of the provir o Bi it natle:\ That the faid fine (hall for the future be paid to the treafurcr of the county or the viuof the poor of the townfliip for wliich fuch overfecrs fo ncglcfting (hall be appoltiled, avd thnt the faid precept (hall have refpe*^ to the days appoiated by this Aft, VII/ For Aili in *• nic'iidinrrtoraff . clitioiuo thii A^t lie iiiiH; on .It!. unil .fli.Gto. jJ. Preumblf. liilu'-iUllts to hnl.l two niict-- iii(.'s, if necediir^ ev, " your, on lii vicinili ■/ of April, und i:t Mon.la-, m K>3* vembei-. It' bulintTs not t:onv,>le'.cJ ui> thuleilu\9)i(>. lifax cxceptLd) bv'Gve Fitchot* ticriv In cafe cf refiifir ol FrechoKkti ta ircrt, Hnil prO> viile for Poor, the^ Juf^ick't in their Gemral' SelHiins to a- nicrce the town> ' iliip. AfrtfTonrefiidi-.g ■ ot ne^Jt^lirglo ftrvc, tu pay 4C9. and other* r.p» pointed. rine on the crer- fi'irs of the poor for ncgltclMig \9' \(i.:t precept for ir-.-ciing of the ■' .>.bit:'nt5,tobt ■....rt !:he cava* t \ ; . •.■^liirt.-. P. frvpt forrcti-' tvTj tf e inhuLii tantsu'beaj ^ctae ble tf '.liis Ai2. % ffio C III-V. * Anno Uecimo Geohoix III. 1770 \^ loT'tn em«''* ^'^' -"^'id be it al/o enafled. That the overfcers of the poor in every townfliip, fliall enter I heir p'oceed- their pfocecdings in a book to be kept for that purpofc, and at the expiration of theii" olHce iiiiik itt a book. - - they Ihall deliver the fame to their fucceffors. Repealed l>y tf 2itht Geo. 3d, Cip. 4. the CAP. III. An ACT to enable the feveral Counties within this Province to raife Money for payment of their Reprefentatives. Preamble. Juftice;; in ScfTi- ons to make r - ^Illations for the Icveriiltownl'iips in refpe.-^ to the comuiaas. Penalty on fuch *s tranlgrcl's the regulations fo nidde i bow to be ap- plied, in dchult of pay- ment to be con- nutted t^goil. AH in amend- jTieitol thiiAvt, I4tli. and 15th t!i 3. (d. ca;-. r. En^r. lUt. ;-. ll-n. 8. Cap. ■;. No jjie Iter in- torcft tluii 1^ per cent, pel' annum fci he t.iken ; it I'lo-c iii lak.-n ibd.'ids, contiH'.-ts. &o. to L)f void ; P^rfoii"! 'viio lliall take more on all V other con- ilua lor Goods, CAP. IV. An A OT for regulating the Commons belonging to the feveral Townihips in this Province. WHEREAS it ij ncccffixry that fome regulaiiom Jhould be made refpcd'mg the tra^s oflatidfst apart for common, in the feveral iownfhips in this province : I. Beit en idled by the Governor, Council and Affembly,'\)x3X the Juftices in their feveral General SefHons of the Peace, to be held fw the feveral counties in this province, fliall from time to time a^x and fettle fuch r£gulati(ins as they may think mo^ proper and convenient to be ob- ferved and followed by the inhabitants in the feveral townfhips within fuch county, and fuch regulations fo made, ^ilixcd, and fettled, (hall be, and are hereby declared to be the dated rules to be kept, obfcrved, and follow/ed, by the inhabitants of each rcfpcdlive townfliip, in regard to the common belonging to the fame, II. And be it alfo ena£i(d, 'ihat if any perfon (hall tranfgrefs any fuch rules and rcfyulatlons fo to be fettled and aflij^gd, or fliall ncglcd or refufe to obey the fame, fuch perfon Ihall for- feit and pay a fine not exceeding forty {hillings for every fuch offence, and in cafe fuch offen- der fliall ref'jfe or neglecl: to pay the fine, then it fliall and may be lawful for uny two of His Majefiy's Juftices of the Peace, to grant a warrant of dillrefs for levying the feme in the ufual manner, one half to be to the perfon complaining, and the other half for the ufe of the poor of the townftiip where the ofiVn re fliall be committed, and in default of fuch diftrefi, to commit fuch offender for any fpace not exceeding ten days. CAP. V. An ACT for eftaolifliing the Rate of Intcreft. BE ;'/ enaclcd Ly the Governor, Ccmcil and JJlmhly, That no perft)n or perfons wliatfoevcr, upon any contnuil, wliith fliall be nndc, fliall take direftly or indirectly, for loan of any monies, wares, merchandife, or ctlier commodities whatfocvcr, above the value of fix pounds for the forbearance of one hundred pounds for a year, and ^ after that rate for a greater or Idler funi, or for a longer or flioricr time ; and that all bond , contrads, and ali'u- rances v/hatfoever, for patient of .iny principal or money to be lent or covenanted tu be per- forn'ed upon or foranyufury, whereupon or whereby there fliaw lie rcrer\ed cr taken above tlic rate .)f fix po-unds in the hundred as aforefaid, fliall be itteiiy void, a2:d that all andcvc- ry perfi.r. or perfons whatfoevcr, which fliall, upon any contract to be made, take, accept, and receive, by way or means of any corrupt bargain, ioanj exchange, chevizance, fliift or intereft of any wares, merchandifc, or other thing or things wluilbever, or by any deceitful way or means, p, fliall enter their oHice ovince to le feveral jHs of land fd t^eral General from time to ient to be ob- ity, and fuch e fiated rules Uip, in regard 1 rcfjTilations fon Ihall for- ,fe fuch oflen- r 'iny two of time in the e ufe of the fuch diftrei^, whatfocver, (T, for loan cf ; value of lix bat rate for a .cls, and aii'u- tcd cu be per- takcn above L all aadcvc :, accept, and ft or intcrcft cilful way or means, 070 Anno decimo Geokou III. . C. Vl^VIl. mean?, or by any covin, engine, or deceitful conveyance, for the forbearing or giving day of payment for one whdle year, of and for their money or other thing, above the fum of fix poundifor the forbearing of one hundred pounds for a year, and fo after that rate for a greater or leffer fum, or for a longer or fiiorter time, (hall forfeit and lofe for every fuch offence, the treble 'value of the monies, wares, merchandize, and other things, fb lent, bargained, exchanged or fhifted ; one moiety thereof to be to the King's Moft Excellent Majefty, His Heirs and Suc- ceffers, for the public ufc of ih.is province, and the fupport of the government thereof, and tlic other moiety to him or them that will fue for the fame in any of His Majefty 's Courts of Re- cord ir the fame County where the offence ftiall be committed, and not €S /here, by action of debt, bill, plaint, or information, in which no efibign ,wagcr of law, or proteftion, (hall be allcoved, II. Provided, That nothing in this Ad (hall extend, or be conftrued to extend, to any fpcci- alty, hypothecation, inftrument or agreement in writing, that ftiall be made, entered into, or executed, for any money lent or advanced, upon the bottom of any ftup or veffel, any thing to the contrary notwithftandirg. III. Provided alfo. That all contracts and agreements upon Joan at intercft upon any other rate heretofore made than is prefcribcd by ihis Acft, fliall be good, valid and effectual, to all in- tents and purpofes vvhatfoever, in the fame njunncr as if this Act had not been made* CAP. VI. An ACT to alter the Manner of proceeding againft certain Offenders, mentioned in an Adl made in the Thirty-fccond Year of His late Majefty's R.t'ign, entitled, an Ad for puniluing Criminal Oifenders. WHEREAS in and by the fifteenth fe^ 'ion of an Ail made in the tbirtyfcondy-ar of His late Ma- jcjlfs reign, entitled, ' An Ad h)r punilhing Criminal Offenders,' certain ji:i:s and penal- ties are prefcribed for libels and other offences therein mentioned ; and'vuhereas the manner of profccuting fuch offenders has been found oppreffive : Deitena^ed by the Gaernor, Council and Affembly, That for all fuch offences as are recited in the fcdion aforefaid, the party giieved th;ill not proceed agiiiuft fuch offenders before Juftices of the Peace, but by fuit only, in any of His Majefty's Courts of Record, and that no other pe- nalties fhall hereafter be inflidcd for luch offences, except fuch as are ufuaily inflicted in Courts of Record, in cafes of criminal profecutiaii for the fame, any thing in the laid fcclion to the contrary notwithftanding. 161 CAP, VII. to forFeit trellc v;ilue ; Applicaii'w of the penalty, how to be r«c.O' Vircd. r.xceptions. Prnvi.^j that a)l contrai'ls.Scc.up- on loan Ht intet- ell Ijcretofore made, (hall be good. Afts in amend- mciu or aitditioti to this Ait Ice note on .jd.Gco. 2d. cap. ao. Picamble. Mnnrct of pro- cctding a;^aintt perfons pi.bliil!- inglib.-L, Scc.cd- tcri-vi. Suit to be in a Court ot i;.'(.uid. An ACT for altering the Times of holding the Courts of General Seflions, and Inferior Courts of Common Pleas, at Liverpool, in the County of Queen's County. WHEREAS in and by an Ad made in the feventh year of His prcfent Majefty's reign, entitled. An Ad for regulating the Times and Places for holding the feveral Courts of Juftice therein named, it is enabled, ' That ihe Courts of General Scffions of the Peace, and Inferior * Courts x)f Common Pleas fliall be l.'cld for Queen's County, in the town cf Liverpool, on the i ' *firft ?reamble. 702 c. vni-x. Anno dccimo Oeorgh TIT. r77o .1 -il! i.^oiirt? of Oene- ra' Scflicnsofthe Hf.ice and Infc- ru»r Court of t.i..mnionPieritK lixvittnih. Mtliers talking B(o»ter toil, to r>:f;it 4CS. Ap[''ic;it'.on. HiwiecovcraWs Va'a'.' of r;rain UkcDmorctobe r.-covcrijd i>i like riiinner. Millgis not obiH- .y,ed to grind [\ .'i'.i nu c!'."i.n, c!rv,,ind ingoud Sef u\ neo. ii, cap, 11. Preamble^ Oi, bill, ffcer, oicow hides nvy bt: cxpjrted to the plantations wlii:n the price 'firft Tuefday of February, and on the third Tuefday ef September, ' and whereas fhebeldh:^ thefoid Cmrti at ihnfe 'Times has been found incenvtnUnt : I. Beit cnadedby ibc Governor, Council and A ffimbly. That the faid Courts fliall be held for the future, on the ibct )r.d Tuefday of i^pril, and fecond Tuefday of November, in every year, any law, uCage or tullom, to the contrary notwithftanding. CAP. viir. An ACT for eftablifhing the Toll to be taken at the feveralGrift-Mills in this Province. BE it enai^ed by tfje GovernoryCouncil and Ajfvmbly, T'.iat the Toll to he taken by every Miller for grinding wheat, rye, barley, oats, and Indian corn, fhallbeoiie lixtcenth part, . and Kri more, to be akertained by a fealed meafure. II. /nd be it alfo enacied. That if any Miller fliall take any greater Toll than is herein dircflcd to be taken, he Ihall forfeit andpiy the fum of forty fhiUings, to be paid to the Overfccrs of the Poor of the townfliip wherein the ofl^nce (hall be comnnittcd, or of the townlhip moft con- tiguous thereto, for the ufe of the Poor,p*nd be recovered before two of His Majelly's Jullices of the Peace, and the amount of the value of fo much grain or meal as (hall have beea taken, more than the Toll herein prefcribed, (hall alio be recovered in like manner. III. Provided a/icvys, TJiat no Miller (hall be obliged to receive and. grind any corn, or grain, which (hall not be clean, dry, and in good ojrdcr. CAP. IX. An ACT for altering and amending an A 6^, made in the Firft Year of His prefait Majelly's Reign, entitled, an Ad: for prohibiting the Exportation of Raw Hides, Sheep or Calf Skins, out of this Pro- vince, other than for Great -Britain, and to prevent the cutting, fplitting, or flawing, of Hides. WHEREAS in and by an AH made in the firji year of His prefent Mafejiy*s reign, entitled, An Aft for prohibiting the exportation of Raw Hides, Sheep or Calf Skins,, out of this Province, other than for Grcat-liritain. and to prevent the cutting, fplitting, or flawing, of hides, /' is provided, ' That when the current price of raw hides, fuch as ox, bull, fiecr or cow, ' fhall be ujidcr three lialfpencc jKr pound, the (Ivme may be exported to any of His Miijcfty's Plantations,* which has proved a great grievance. Be it cnaded by the Governor', Couneil and Affembiy, That firom and" after the publication of this AcV, it (liall and may be lawful for any pcrfon or perfons to export to any of His Ma- >^y's Plantation?, any fuch raw hides- as-abuve mentioned, when the price of fuch hides (h.ill is d. per lb. or be three pence per pound or under. under. For other mat* tcrsrtipc>.1in^ iilhery, ice ntitc on jd.and 4th. Geo, ad. cap. t. Preamble. CAP. X. An A C'l' for the benefit of the Fiihery on the Coalts of this Province. WHEREAS it is apprehended that the frequent fcarcity of fjhontlie banks near thefJiorcs of this proxincc, may be occajioncd by fijhermtn tbnw.n^ into thcfea the offal ofthefjl) they kill ; for rauidy ivhircofy I» « It «770 Anno decimoGEORGM III. C. XI-XIV. 63 I. Beitenaikd by the Governor, Councili and A ffembly. That from and after the publication hereof, if Jiny fifhcrman in '»ny veficl, bark or boat, ftiaD prcfume to throw into the fca with- in three Icaguesof anyofthefl'iorcs of this province, any heads, bones, or other offil of the fiih they may take, the niaftcr of fuch fifhing veflel, bark, or boat, ihaU, upon due convic- tion thereof, by the oath of oncaredible witnefs, lefore any one of His Majofty's Juftices of the Peace, or by the view of the laid Jufticc, pay for each and every fuch offence the fum of five pounds. n. Andbeit further enaiUt'^ThaAiXi penalties incurred and ariiing by this A A, fhall be applied, one moiety to the perfcn* who Ihall inform and fue for the iame, the other moiety to be paid into His Majcfty't Treafury for the ufe uf the province, the fame to be levied by dif- trefs and iale of the o^nder's goods and chattels, together with the charges of fuch diSrefs and fale, rendering the overplus (if any be) to the owner or owners thereof. III. Provided nevtrtbehfs. That nothing in this Act fhall extend to the debarring any rifli)it and drcts fiPi on fliore,iiuy throw ollxl into lund hnd Wdih. CAP. XI, An ACT for granting to His Majefty an Excileon Tea, Coffee, and Expiren. Stat. ai. Treafons and Felonies. BE it enaCled by the Gwernor., Courtiil and Affemhlyy That any peffon or perfons who fhall, be- fore the Judges oi" tlie Supreme Court, or other Jud ges, or other perfons impowcrcd f «f ji^n «> Ij« ba;! bylaw-to take bail, or baiJs,-reprefent or perfonate any other perfon orjierfons, whereby the perfiwi or perfons, fo reprefented, or perfonated, may be liable to the payment of any fum or iums of money, fur debt or damages, to.be recovered in the fame fuit or adliun wherein fuch pcrfon or perfons are reprefented or perfonated, as if they had really acknowledged and en- tered into the fame, being lawfully convicted thereof, fliall be adjudged, cftecmed, and taken, to be felons, and fuff«r the pains of deaih, and incur fuch forfeitures and penalties as felons in other tifes conviftcd and attainted do, by the laws of England, lofc and forfeit. • U) .mother nwr>'i B4ine. T is Kf\ chanR ed by the 4Uth Geo. jiLcap. J- CAP. IV. . An ACT for altering the Times of holding the Courts of General SeHions, and Inferior Court of Common Pleas, at Annapolis, in the County of Annapolis. CAR. V. Aa« in amend- An ACT itt further addition to an Ad made in the Thirty-Second Year of His late Majefty's Reign, entitled, an Ad for preventing Trefpafles. mentor acidit'on to this ht\, fcs note on 3 ad. 4}co.sd.cap.j.4' Preamble. fences oti -the rt-nirlula ot Ila- litiix to .be 4 tee: hifch. Jufticet ofPoace in .'■'efRoiis «> innke reguliiti- ons for prevent- ing trttfpaill:;. WHEREAS it has beer, found impraJ:icablei9 keep up and maintain fences of four feet and an baf/jigh^ on the Pcninfula of Halifax^ efpediUy fuch as are made ofjhncs^ whereby the pro- prietors of fenced lands fuffer great damage by trefpafTes, and are unable is recover the fame by law : I. Be it therefore enacted by the Governor, Council and AJembly^'XhxX. all fences on the pcninfula of Halifax, four feet in haight Ihall be adjudged a gooii and fufEcienc fence to prevent tref- pifTes ; and any damage done within any inclofun to fenced, fliall be recoverable in manner as is directed by an Ad, entitled. An Acl for preyenting trefpafles. II. And be it further enadcd. That the Juftices of the peace for the county of Halifax, (hall, and are hereby innpowered in their Quarter -Scflions of the Peace, to msdce regulations for preventing trefpafTes by horfcs, fv;ine, Ihecp, goat5 and neat cattle, going aftray, in manner as Ihall be moft agreeable to tJie ciicumftance of fuch county or townfhips therein, and enforce the faine by the like j>cnalricsas.tho Juftices of the peace iuiOther counties at their General Scffions of the Peace are iinpiwered to do. 4""*' CAP. •177^ :y-S€cond elating to i^ho fhall, be< I impowcrcd whereby the ' any fum or wherein fuch gcd and cn« 1, and taken, I as felons in f General apolis, in i77r Anno undecrmo Georcii ITT, CAP. .VI. C. VI-IX. 167 For Afii !na< mendnitntor.iil-. tWiion toihi^AI" ke note 011 8>h» C'CO. 31l.cgp.gi rrciirable. An ACT for the more eflcclually fccuring the Title of Purchafers againft claims for Dower, WHEREAS /op>e doubts have ar'ifin concerning the conveyance of dower by the ici/e in her hujband'j life time in the manner andfonn now in pradice^ in order therefore to prevent any difficulty that may hereafter arifc toiKhing the fame : I. B^ it enaded, by the Governor, C wu-fl and Afflmbly., That where a falc fliall be made of lands or tenements by the hufbanJ and liis wife, before fuch deed fliall be valid and fufllci- cnt to bar the wife from the recovery of her dower after the dcceafe of her hufband, (he fliall be examined by one of His Majefty's Jnfticcs of the Peace, whether flie hath done the fame freely, voluntarily, and without compulfion from her hufband, and if before fuch juftice flie fliall declare, that flie hath freely and voluntarily figned fuch deed, and tliercin afilgiied her right of dower, the Juftice fliall accordingly certify fuch acknowledgments on the deed, wiiich flail for ever bar her from the recovery of her right of dower to fuch lands io conveyed. II. i'rfiwfl'f^fl/wvy'j-, That nothing in this Act contained, fliall any ways afl*eft any deed or conveyance of land heretofore made. CAP. VII. An ACT in addition to> and amendment of, iw A£l, made in the ., jj^ v Tenth year of His prefcnt Majefty's reign, entitled, an A«5l to cna- nthcco. jd. ble the feveral Counties, within this Province, to raile Money for payment of their Reprefentatives. Wife alTigning (lower to be cx» aniined bc.'arc i, JiiHice ot the Ji'.ftice fo certiiy '..1 tilt' deed. Koihing in this Aft to Hlfcdauy deed \xfoxt made. y-Second reventing ir feci and an 'hereby the pre- by Itiw : he peninfula ire vent tref- in manner CAP. VIII. An ACT for alterinG: and amending an. A ^, made in the Thirty-Second RepcaVd by TTT- 1 . , ' It t • -It A /-» 1 • 1 36th Geo. ;. J.. year otHis late Majellys reign, entitled, an Act relating to the aflize of Bread, and for afeertaining the Standard of Weights and Mea fares. CAP. IX. An A£t for altering an A<3: made in the NintJi Year of His prefent f^^-^Aasiua. Majefty*s reign, entitled, an Adl in further addition to, and amend- <^|' 'tHhis.v^ ment of, an Ad: made in the Thirty-Fourth year of Hi^ late ^«t>- *'i-«?- > Majefty's reign, entitled, an Adlfor appointing Commiilioners of Sewers. WHEREAS in the fecond fcClion of an A^ , made in the ninth year cf hi: prcf^mt Mmrfl^*'*- Pr?:imblc. rcigv, entitled, an Ail, in further addition to, and amendment of an A f, ma J.- ..1 the ti.Hrt-t-Ju^rih yearofkittati Majejlf s reign, entitled, ab. Aft for appoiutij g Conm;iiu^iicrs of Scvcis, ;'.' ;j/rj- •{.■:JeU> i68 .Arr'i'siR cafe ot'r,ili.'i>t'Jinil hv Conini'ilinn- ti- of Sewer.-, to wbe made to the Governor iucl C. X, Anno undccimo Georcii III. t!? 17 7 1 vided, • that any j^crfon tliinliing liiir.fclf aggrieved at any falc made by ihe Commiffioners of Sewers in purfu;ince of the faid A6t, may appeal to the Gencrul Afft-mbly for relief.' And ivhereas great wcetvv$niences and. delays havearifen, to perfonsfo aggrieved.^ by an appeal to the General Affimbly, therefore to remedy that ineonvenienee and prevent ftich delays for thefuture^ I. Be It cnuHed by the Governor, Couneil and Afmbly, Th.it all fuch Appeals, as by the afore- rccited feclion of tlie faid A& arc to be made to the General Aflcmbly, by any perfon thijiking liimfclf aggrieved at any fale made by the Commifllor.ers of Sewers as aforcfaid, fhall, from and after the pulilication iicreof, be made to the Governor, Lieutenant-Governor, or Commander in Chief, for the time being, and His Majefty's Council, who are hereby authorifed and im- powered to take cognizance thereof, and to proceed thereon in like manner as by the before recited claufc of the faid Act fhould have been done by the General Aflcmbly. M»ie perpetual by 17th. Geo. j(l. cup. 2. riesnillc. "No tradj'fniiiT, &c. {rom the ift J.inimry, 1772, allowed to give his lliop-hook in evidence, when debt .ibOTC two ye:' IS. E xctption. TCnt f exrer'i to ar<; trndira or d'^-dling b.tv.een n.ervl-ant and laiYcliuiiC, J^c. A " to ron;ipr,e 5 y-aib irrmi ii\ jaiiiiary, 1772. CAP. X. An ACT to avoid the Double Payment of Debts. WHEREAS divers men of trades, and handicraftfmcn, keeping fhop books, do demand debts of their cuftoniers upon their fliop books long time after tlic lame hath been due, and when, as they have fuppofed, the particulars and certainty of tlie wares delivered to be for- gotten, then either they thcmfclvcs or their fervants have infer! cd intc. their faid fliop books "crs other wares, fuppofed to be delivered to tlie ilunc parties or to their ufe. which in truth never were dcilvcred, and this of purpofe to increafe by fuch undue means the faid debt. Andwhti. \ . divers of faid tradcfmen, and handicraftfmen, having received all the juft debt due upon their faid fliop books, do oftentimes leave the fame books uncrofl'cd, or any way dif- chargcd, fo as the debtors, their executors or adminiftrators, are often, by fuit of law, enfor- .ccd to pay the fainc debts agiin to the party that trufted the faid wares, or to his executors or adminillrators, unlcfs he or they can produce llifiicient proof, by writing or witneflcs, of the faid payment, that jk' ' ; countervail the credit of the faid fliop books, which few, or none, can do in any long time al ,;r the faid piyment,: I. Be it t/xrefore enabled, by tbe Governor, Council and A/Jcmbly, Thzt no tradefman, or handi- crafu:^ian, keeping a fliop book as is aforefaid, his or their executors or adminittrators, fliall from thciUflday of January, 1772, be allowed, admitted or received, to give his fliop book in evidence in any aftion for any money due for wares hereafter to be delivered, or for work hereafter to be done, above two years before the fame aclion brouglit, except he or they, their executors or adminiftrators, fliall have obtained or gotten a bill of djbt, or obligation, of the debtor for the faid debt, or fliall have brought or purfued againft tise laid debtor, his executors or adminiftrators, fome aclion for the faid debt, wares, or work tune, two years ncxr after the (amc wares delivered, money due for wares ddivert-d, or work done. II. Provided al-ji'ays. That this Aft, or any thing therein contained, fhall not extend to any in- tcrcourfc of traiEc, jncrchandizii.g, buying, -felling, or other trading, or dealing, for wares de- livered, or to be delivered, money due, or work done or tobe done, between merchant and merclunt, merchant and tradefman, or between tradefman and tradefman, for any thing di- re.lly filling within the circuit or compafs of their mutual trades and merchandize, but that foj fuch things only, they and every of them fliall be in cafe, as if this Ad had never been made, ar.y thing herein contained to the contrary thereof notwithftanding. III. This Act to continue five years from and after the firft; day of January, one thoufand fcvfcn hundred and fcvcnty two, and until the end of tbc Seflion of the Gencrail Afleinbly then next following. CAP. r77r Anno undcclmo Georgh in. CAP. XI. C. XI-XVI. 169 An ACT for further ccDiitinuing and made in the Eighth Year of Hisprefent Majelly's Reign, entitled, an A cl for granting to His ^-f"* Majelly an Excife on Wines fold within, or brouglit into, tlus Province. CAP. XII. An ACT for continuing an Ad, made in the Tenth year of His pre- ^^ .^ lent Majefty's reign, entitled, an Act for granting to His Majcfty a Duty of Impoft on Loaf Sugar and Cyder. C AP. XIII. An ACT for altering and further continuing an A<51, made in the Eighth Year of His prefent Majefty's Reign, entitled, an Ad for ^"^'^"^ fupprefling unliccnfed Houfes, and for granting to His Majefty a Duty on Perforre hereafter to be licenfed. CAP, XIV. An ACT in amendment to, and for continuing the feveral ^dsofthe . General Aflembly of this Province relating to the Duties of Impoll on Beer, Rum, and other Diftilled Spirituous Liquors. CAP. XV. An ACT for altering and continuing an Ad, made in the Tenth year of His prefent Majefty's reign, entitled, an Ad for granting Expired. to His Majefty an Excife on Tea, Coftee, and Playing Cards, fold within or brought into this Province. r CAP. XVL An ACT for continuing an Ad, made in the Tenth year of His pre- fent Majefty's reign, entitled^ an Ad for further regulating the Market at Halifax. CAP. 170 lUpircd. c. xvn-xxi. Anno undecimo Georcii IIL CAP. XVII., 1771^ An ACT for continuing^ an. A61 made in the Eighth Year of His prcfcnt Majcfty's reign, entitled, an A tl for granting to His Majefty a Duty on WliccJ Carriages within the Peninfula of Halifax. Expired. CAP. XVIII., An Act for continuing fevcral A£ls that are near expiring. - AXi-ireJ; J CAP. XIX.. ^^. ACT for altering, amending, and further continuing an A61, made in the Sixth Year of His prcfent Majefty's Reign, entitled, an A 61: for prefcfibing the Forms of Writs, and the manner of iflliing the fame. CAP. XX.. *2x8usii. An ACT in amendment to, and for continuing the feveral A£ls of the General Allcmbly of this Province, relating to the Duties of Ex-- cife on Rum, and other Dillillcd Spirituous Liquors* CAP. XXI. An ACT In amendment of an A 61, made in the Fifth Year of His prefent Majefty's Reign, entitled, an A 61 for the Summary Trial For Af\i in n- n'cndnient. or ad- dition tothijArt- ke note on 5 th r * o • ceo.3d.c2p.1u or Aciions. Preair.Ue. Caoffs net ex- •eedinp 3l.to be futd for before orcormorcjufti- c«s o! ilie Peace. Sumtnons in Ha- lifax to lie direr, tedtothei'rovoft Matfha.'i or his Deputy ; in o- tlict townfhipsto the Provofl Mar- flial, his Deputy^ cr Conflable. Fees for Sum- mens and ExccH- tion, and ;UroU)r (ervicc. WHEREAS the pncecdinp for {he recovery cffinalJ debts have hitherto been attended with great cxpcncc, in order to remedy the fame : L Beit ena£led by the Governor, Council and Affemhly, That for the future all caufcs where the mm fliall not exceed three pounds, Ihall be £ued for and recovered before one or more jufti- ces of the Peace, and that the fuinmons in fuch ciufes a.j relate to the townfliip of Halifax lhaU.be dircded to the provoft marfhal or his deputy, and. in all fuch caufes as relate to tlie other towaftiips in the province, the faid fummons fliall be. dircfted to the provoft marfhal, his deputy, or the conllable of tlxe townfliip where the plaintifFor defendant fliall dwell, and fliall be by the faid provoft marfhal, liis deputy, or conftable, read to the defendant,or in his abfence^ a copy thereof fliall be left at his houfe, lodging, or laft place of abode, at leaft three . days before the trial; IL ylnd be it enacted. That for the fcrving the faid fummons, the provoft marflial, his deputy or eonftable Ihall have two fhillings and fix pence, and no more, and for the fervicc of the execution, one ftiilling, with one {hilling poundage on levying, and that the whole expence to be charged; by tlu- Jufticc or Juftices, for the fummons, jutlgment and execution ''\all be four H77' Anno undeciino Georgii III. C. XXIT. 171 four (billings and ten pence, that is to (ay, two (hillings and (ixpcncc for the fummons, one (hilling for the judgment, and one (hilling and four pence for the execution, any law, ufage or cuftom to the contrary thereof notwithfianding. Provided, That in cafe the provoft mar(hal, his deputy,'orconftable,(liall be obliged to tra- vel upwards of two miles to (crvc or levy the execution, be (lull be allowed two pence yxv luwance. mile travel. III. And be it alfo enabled, Tliat the form of the fummons, and execution (hall be as follows : T'-aTclling •!• FORMoflhcSUMI^IONS. To you are hereby required to fummon A. B. of the Day of at o'Clock in the •fum of and make return hereof, on or before faid day. Witncfs my hand and fcal the to appear liefore mc on Form of tli« Suniinonj. 10 anfwcr to C. D. in the TORM of the EXECUTION. To at the fuit of CD. ForBioftlicEx* cutioi'. WHEREAS judgment hath been awarded againft A. 13. of for the fum of ;-and more for cofts, thefc are to require and command you, to levy from off the goods and chattels of the laid A. B. the faid funis, making together by falc of the faid goods and chattels and for want th<*vc(if, you are hereby conmiandcd to take the body of faid A. B. and him to commit toHJ^ Majcliy'sgoa^ in there to remain until he pay the fum abovementioned, witli your fees, 01 that he be difcharged by the faid C. D. or ■ othcrwifc by order of law. Hcrcif fail not, and make return of this writ to mc within ten days. Witncfs my hand and fcal the .lufticcs of the IV. And be it alfo further tnaded^ Tl.atany one of His Majefty's Juftices of the Pcarc is hereby Peace may take impowcred to take the voluntary ccnfefllcn of th- debtor, where the debt fliall not exceed ^Xi% not"cx- three pounds, in Kke manner as is provided for confelfions before the Juftices of tlic Supreme wcJ'ng il- Court or Inferior Courts, for which confeilioa and execution fuch JuiUce fliall receive two .ihillings and no more. CAP. XXII. -An ACT in addition to an Acl made in the Sixth Year of His prcfent Majefty's Reign, entitled, an Ad for the EftabHlhmcnt of Fees, as regulated by tlie Governor and Council, at the requeft of the Houfe of A (Tcinbly. Expired. At IMAGE EVALUATION TEST TARGET (MT-3) ///// ^ ^Mp A '^ 1.0 I.I l^|2£ 12.5 ^ 12.2 U I. 2.0 1.8 1 !i^ P^ 1'^ < 6" ► Pi ^ a ^ <%^ ^ ^>* *i r^.-^ j^ 7 Z!^ PhotogTdphic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. M580 (716)872-4503 173 C. I-IIf . Anno duodecimo GEORCir III, 177^ At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth Day of June, Anno Domini 1770, in the Tenth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France, and Ireland, KING, Defender of the Faith, 8cc. and there con^* tinned by feveral Prorogations until the Ninth Day of June, Anno Domini 1772, in the Twelfth Year of His faid Majefty's Reign ; being the Third Sef- fion of the Fifth General AfTembly convened in th^ faid Province * ' •Intlie time of Michael Franklin, Lieutenant-Governor ; Jonathan Belcher, Prefident ofCouacil, and Chief JuAfce y Wiiliam Nefbit, fp aker; Richard Bulkelcy, Secretary of Council ; and Ifaoc Oefchainps, Cktk oi AlFcmblf. entered by the jytli Geo. 3d. cap.d. G/VP. I. An ACT for altering the Times of holding the Courts of General Scflions, and Inferior Court of Common Pleas, at Horton, in King's County. This ASt not in forcf, ihe places n'.ntioriedilicre- iri [-Km^ now in the Province of' New-BiuiiUvick. CAP. I-I, An ACTforimpoweringthe Juftices of the Peace for the County of Sunbury, to hold Cou ts cf General Seflions of the Peace at War- rington, on the Ifland of Campo Belle, in the faid County, for the faid Ifland, and for the Diftrid of Paflamaquoddy, comprehendr ing the Iflands within die faid Diftrid. preamble. CAP. in; An ACT declaring whatfliall be deemed Merchantable Timber for Exportation to Great-Britain. WllY.RV.kS) t!'e improving and fuuring the Lumber Trade from tj/ts Colony 1o Great-Britain will be highly te '.'y'lcial, not only to the n:o her country, but alfo to this Province ; and whereas certain r squint ions rchitiiig li the exportation offquare timber arc found to be ncccffary ; I» 177*' Anno duodecimo Geor'g I r III. c. rv-v. 173 I. Be it therefore cnaSlcd'by th hieutemnt-Governor^ Council andJfcmbfy, Thit no hewn timber fliall be deemed merchantable,or offered for fale for the Brhifli market, as fuch, unlcfs the fame What k d<;em(:d is found, properly fquared, and not left than ten inches Iquare, and free of bark, and the fur- Timber.''^"'^ "^ vcyors of lumber are hereby direfted to furvey, meafure and mark the fame, and none other, for the Britifh market, before the fainefliall belhipped for exportation, for which fuch furvey- '•""'^>" s- or ihall receive three pence per ton and travelling charges. • II. Jnd be ii further enad}ed,Th^t where any.contray iicm the ^^74 €. VI. Anno duodecimo Georgii III. 'nv- l-'.T;il>rv tn Ne allowed as cvi- •Wh(?r- Deputy ,U''gMtci3 aresp. p.)iiited D«fd to bi regiftereil. An cxtraifl and certilicHte of all Deeds rcgiftcred lobctranfniiited to the Rcgiftcr's OficeatIIi:lif.iX, witliin i certain V^eriud, Deputy Rcgider f.iilingttotrar.linit I J jforfeii 5 1, and -liible tuan ai'Uon by patty ag- giievcd. AH deeds her'-- tofo!'- tt';>iflcred by th'.' Deputies, aiid certificates returned, or Avhich ihall be letuneJ before .firft Nov. h.'vt, £OL'd ar,d vuiid. declared authentic and valid ; and if any original deed which may hereafter be regulcred by the deputy regiftcr, fhallbe loft, and proof thereof in Court being made, that then the regi- . ftry or record of fuch deed or deeds fliall be allowed to be good evidence in atiy Court of Law or Equity within this Province. \l. Aid belt alfoevadcii, That where- deputy - reglfters fhallbe appointed, all deeds or con- veyances, (hall be regiftered in the office of the county or diftrict within which fuch lands do lie. III. Provided al-iViiys, and be it alfv enabled, 'Jhat an extra A and certificate of all deeds and conveyances, touching any lands or hereditaments, which fhall be regiftercd or recorded by fuch deputies as aforclaid, within the peninfula of Ncva-Scotia, Ihall once in three months be traiifniittcd to the rcgiftcr's ofiice at Halifax, and of all deeds and conveyances, touching any lands or hereditaments, lying to the northward of thefaid peninfula, within .fix months after the reglftry of fuch deeds ?.nd conveyances, and the rcgifter of deeds at Halifax, fhr.ll note the time of his receiving the certificate, and duly enter the fame in the regiftry at Halifiix, which fliall be as cfildual as if the original deed had been by him fiift regtftered, as well for thofc .which have been heretofore regiftered by the deputy rcgifters, or fhall hereafter be regiftcred by virtue of this Act. And if any tleputy regifter fliall fail to tranfmit fuch extracts to the rcgiftcr's ofllce at Halifax, as aforefaid, he ftiall forfeit and pay for the ufe and fervice of the Government of this Province, the fum of five pounds, to be recovered on complaint of the Re- gifter of the Province, before any Court of Record within the fame, and fuch deputy fo failing, iliall moreover be liable to an action at law for all damages fuftained by the party aggrieved. IV. And be it further enaHedy That all deeds heretofore regiftered by the deputy regifters in the fcvcr;il towns and counties in this Province, whereof certificates of the regiftry have been duly returned to the rcgiftcr's olUce at Halifax, and entered there, or which Ihall, on er before the ' firft day of November next be returned and entered there as aforcfaid, flull be deemed good and valid, as though the fame had been duly at firft entered in the regiftry at Halifax aforc- faid ; Provided^ that notliing herein fliall exterid to alTccI any attachment heretofore made, or judgment which may have been recovered on any lands or hereditaments, a certificate of the regiftry whereof has not already been returned as aforclaid. w •I .it .For A.Ts in -%• mei'.Jin.'nt oi ^J- .dition to 'his t\.i\ kt note ni j|d and^tK GwO. jd Cip 7. Fr;!unj!e. Freeholder? the-. ien to make af- illlhicnt, A(ilirji',rcriir:ip; or ncglei'^iniT to meet and nu'.- GAP. VII^ An ACT in amendment of, and for continuing the feveral Ads of Expitecr* the General Afletnbly of this Province, relating to the Duties of Impoft and Excife on Beer, Rum, and other dillilled Spirituous Li-- quors. Cyder, Loaf Sugar, and Wines, therein mentioned. CAP. VI II.- An ACTto prevent for a hniitqd time, the Exportation of Wheat, Expired. Rye, Barley, Flour, Meal and Peafe, from this Province . ^*»W*«f»W*Sf*P»WiWf»! CAP. iX. An ACT for raifing a Fund for the purpofe of making and repair- ^ . ing Bridges and Roads of Communication through the Province. CAP. 176 C. MI. j\nno tertio decimo Georcii in. .i ''773 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holdei at Halifax, on the Sixthday of June, Anno Domini 1770, in the Tenth 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 Twentieth Day of April, Anno Domini 1773, in the Thirteenth Yearof His faid Majefly's Reign, being the Fourth Seffion of the Fifth General Aflembly eonvened in the faid Province.* * In the time of Lord William .Campbell, Governor j RicIiard.Bulktlcy, PreCJent and Secrcta" of Council } Wiiliam Iv'cfbit; Speaker ; IfaacDufch-inJi^s^ Clerk of Aflembly. CAP. I. All ACT in further -amendment of the feveral Ads of the General Aflembly of this Province, relating to the Duties of Impoft andExcife Expirtd. on Rum and other diftilled Spirituous Liquors, and for continuing an Ad: made in the Twelfth year of His prefent Majefly's reign, entitled, an Ad in amendment of and for continuing the feveral Ads of the General Afleii.bly of this Province, relating to the Duties of Impoft and Excife on Beer, Rum and other diftilled Spi- rituous Liquors, Cyder, Loaf Sugar and Wines therein mentioned. :E. Jotm BuLkdeyi Secretary oi Council ; and Ifaac Dcichanips, Clerk of Aflcmijly. CAP. I. ThisAflexecu. Ah ACT to impowcr thc Province Trcafurerto ifTu^ other Notes ^'^' in Exchange for fuch Notes as have been iffued heretofore, in virtue of the fcveral Loan Afts made by the General Aflembly of thi» Province, and are defaced and worn. ForAasina- CAP. II. nicndmcm orart- ditiontoihiF Ai't, aifdTthG^'o/ d ^" ACT for the rating and levying the Expences attending the exe- "p- *• cuting Writs of Partition, WHEREAS tljff.cuhks Tvayarife in ibc recovery of the charges and expcncet ctUndin^ the executing Writs of Partition, unlefs the fame is enforced by Law : I. Beit enaBed by the Governor^ Coimcil and Affmbly, That all accounts of charges and ex- pences, which have already arifer, or which may hereafter arife, for the obtaining and executing Writs of Partition for tlie divifion of lands in any townfljip or place in this Province, until final judgment thereon, together with the charges for furveying the faid lands, and all other incident expences relative thereto, fliall be laid before His Majctty's Supreme Court, and when the fame fliall have been approved by the faid Court, two or more proper perlbns fhall be ap- pointed by the Court to afibfs the amount thereof, in due proportion on each feveral fliare al- lotted ar.d afllgncd to each and every proprietor, and be levied out of the profits, and other extendible goods and chattels thereon, or belonging to fuch proprietor, or perfon in poflefllon of t!ie fame, or any part thereof, and Ciall be paid to the pcrlbn or pcilbns appointed by thc Preamble. All accounts of ciiart;es on cl'- taiiiing writs of raniiion to be laid btfo-e ihc Supreme Couit, and vlien ap- proved, two or more uiTi;;lbrs to be iericd. Lerying, 5-c. Court to receive iLc fame. U. If propn'ttor, or pet. on inji )Kn (ion, III'. '< cr n^nlc-'ts 1(1 piiV (uin .ilKlic'l, the i'mic n'l'.- Sv ii; tied liy Jiilir.u .tyy^ Anno decimo tcrtio ct quarto dccimo Georoii III. CUT."' 179 II. yfnd be il ertMclfd, That if any proprietor, or other pcrfon ir poflbflion of any land allotted and alTlgncd as aforcfaid, fliall rcfufe or ncgleft to pay the fum alTcfred as his dividend or pro- portion of the charges aforcfaid, it fliall and may be lawful for any one of His Majdly's Juftices of the Peace, on complaint of the rcc:ivcr appointed as aforcfaid, to iiTue a war-ant of diftrcfs a«id fale of the dctintjucnt's goods an«4l>lc. Preamble. CAP. III. An ACT, in further amendment of an Ad* ma^^e in the Firft year For aa. in i. of His prefent Majcfty's Reign, entitled, an Ad for repairing and SlTor'S mending Highways, Roads, Bridges and Streets, and for appointing acoTiltaVii Surveyors of Highways within the feveral Townlhips in tliis Pro- vince. WHEREAS tn thefecondfi6l\on of an Ac} made in thefirjl year ef His prefent Mnjcfiy, entitled^ An Aft, for repairing and mending Highways, Roads, Bridges tnd Streets, and for appointing Surveyors of Migliways within the feveral Townfliips in this Province : certiinfor' feiturcs arc direSicd to be paid bjfuch perfons as fhall neglcd to attend an their duty in mrrnfer therein fl-tfortht for the repairs of the high-ways, roads, Jlreets or bridges, which faid forfeitures are dire^ed to be recovered by^arrant of diflnfs from or.e of His Majefly's fuflices of the Peace ; and whereas it is thought more expedient that fuch forfeitures fhoidd bt retxiveredas anions of debt or trefpafs arc recovera- ble according to the value thereof: I. Beit dialed by the Governor, Council and Affcmbly, That oU fuch forfeitures as aforcfaid, fhall be fucd for by the Surveyors of Highways, in like manner, as debts of the like value are fuedfor, and recovered before one or more Juftices, any thing in the did afore-recited Aft to the contrary notwithftanding. II. And whereas it is a great hardfhip en poor labouring men, and other poor perfons to be obliged to labour at faid high-jjays, roads and Jlreets, during the whole of the f.x days appointed by the aforc'recited Aa, Be it enaHed, That upon application to two of His Majefty's Juftices of the Peace, the fiid Juftices fliall, and may, in their difcretion,lcflen the number of clays labour to be performed by fuch .nen a:, cannot, without detriment to their families, attend the fame. III. And be it alfo enaBed, That all perfons keeping carts, teams, and trucks, who by being fix- ty years old or upwards, are exempted from labouring themfclves on the faid highways or roads, fliall neverthelcls fend their carts, teams or trucks, to afilft in making or repairing the fame. IV. And he ii alfo further enaBed, That any one of his Majefty's Juftices of the Peace, fliall and may on his own view, or on the the oath of one credible witfiefs, impofe a fine, not exceeding twenty fliillings, on any pcrfon wlio ftiall encumber or ftop up the way in any of tlic roads or -ftrcets in this Province, by laying tiiAbrr, wood, carts, t«Kk8, or any gther tiling thereon, to be Alirorfeiture'.for negicft, 5fc. to be rtccvcrec ba- 6re one or mure Juftices. Two .Tulirre! niiiv 1 (jl'n nism- lv;i ot lJ.;vs l:i- biuv by poor pcii'cns. Pcrluui who licep carls, Uz. tliough cy.'.iiipt- ed from labour, ing by ajje. io Tend their cv-.ts, &c. Penalty for cn« cumboiing or' flopping loiil- or itre:'.";. i8o C. IV. mno declmo tcrtio ctquatto decimo Georcii III. 177J, I>c recovered by warrant of (.Udrefs and i'alcof the offender's goods and chattels, or in cafe fuch offender (hull not be known or found, the fame (hall be recovered by faie of fo much of the tini. bcr or wood, and the carts, trucks, or other thing, encumbering or (lopping the way in fuch road or flrect as aforel'aid, and be paid to the Ovcrfeers of the Poor for the ufe of the poor of the town or place wliere, or nearefl the place where the ofTcncc (hall be committed, rendering tlic overplus, if any be, to the owner, wlicn found. V\nd if the faid nuifance (hall continue, the i'xmc (liall be deemed a new offence, and Oiall be profecutcd, and liable to the penalty aforefaid. For A''Js in a- DK-mlmont or ad- lion to U113 Ai't, ft? role on 3»d. Oeu. id.cftp. 15. Preamble. M.'.rierdfc'lvi-rj of Uud', /\ :. Iiy fArt; CAP. IV. An ACT to further explain and amend an A61, made in the Thirty* Second year of His late Majcfty's reign, entitled, an Ad for making Lands and Tenements liable to tlic Payment of Debts. WHEREAS in thcfrJlfaTion of an ACl tr.jJc in the tljhly-fccnd year if Hit late Majcjl/s reign, entitled. An Act for making lands and te'.ienicnts liable to the payment of debts, // is amongoihcr things cnaClcJ, 'That whsn any cll.it j fluU b;." found by the appraifcrs to be of grea- ter value th:in the debt and cofl, the creditor or creditors (hall be obliged, at the expiration of thirty days next after the end of the (aid two years, (if not fooncr redeemed) to give public ix)tice by advertlfcment, tliat the lands or tcneraenls lo extended, are to be fold at public aucci- on, by the Provoft Marllnl, or liis deputy.* And whereas doubts b.ivc arifen in -what hianncr no- tice of fuch intended fids fiiidJ be given : I: /> hereby declared and ena^^cd, by the Governor, Council, and AJimbly, That it is the intention of the Lcgiflature, that notice of any file, intended to be made by the Provoft Marflial or his deputy as aforcfaidj lliall be publiQied in the Nova-Scotia Ga- u AUiiiiuj'. xctte, or other public newfpaper, and in fcnnc public placo in the townfhip or other place wliere the lands lie, at loall thrcj feveral times during tlirce months before fuch fale. II. Andzi'bereasbythefccondfeaion of the afore-recited Acl, it it emded," That in cafe the ' yearly rents of the lands or tenements of i\\c de'jtor arc not fufllcient to fatisfy the debt with * eofts and interell, together with the charge jf needful repairs, within the ("pace of two * years, then the execution (liall and may be levied on ]r\rt of luch eflate.' ' And whereas great detriment has arifen to f-rrfoiis, by the levying the exuution in fuch cafes, in fuch manner as to render the nmaindcrofthe eflate of little value, to the great prejudice of the debtor ; for remedy whereof Be it cna£tcd. That whenever an execution (hall be levied as aforefaid, on a part of the real eftatc of the debtor, there fliall be five apprailers, fit and dllcreet men, two to be chofcn by the debtor, two by the creditor, and one by the Provoft MarQial or his deputy, who (hall be fv/orn to do equal justice between debtor and creditor in valuing the fame, and fhall fet oft"fo much thereof t t" .f a, ii^jii -jjj t^^^,y. (}j.,ii tl'.ink fuiiicicnt to fatisfy the debt with cofis and interefl, with as little injury as ».il' Jcbilndcia "'^y ^'^t" the debtor and to the remainder of the faid cftate, fo as to prevent any fuch griev- ance as aforcliild ; any law ufagc or cuftoni to the contrary in any wife notwithilanding. III. Aral whereas noprovifion is made in and by the afre-reeited Ad, fur the relief cf femes covert, per- fens tion eanpos mentis, imprifoned, or in captivity, minors, or perfons out cf the Province, tcfue for reco- v:rf^i^v iij-por, feme covert, or perfun non compos mcnils, impiifoncd, or abfcnt from the v.ithin fi.-: vers • , „ ,. . • i , r r i i . . i • t ■ afteriirrcdir.Aiit Province, but ihey ir.uil be entitled to lue ten*, and recover any lands or tenements vitlan this Province, to vJiicli tl.cy arc entilled within lix years after fuch impediment (lull be removed ; r.ny thiiifr in the fa'il Ad to the contrary in any v/if'e notwiihruinding. tVlicn exceut'on lev If d on pun of r.il c:!.i(i;, ii>e .■;;■!]. 1.1HLT1 fiiall 1 1 ctl !L> nucli rcinuvcJ CAP. 1 773 Anno dccimo tertlo et quarto decimo Georoii III. C. V-IX. 1 8 1 CAP, V. An ACT in further amendment of, and for continuing the feveral ^^ . ^^ A£^8ofthe General Affembly of this Province, relating to the Duties oflmpoft and Excife on Bcor, Rum, and other diftillcd Spi- rituous Liquors, and Wines, therein mentioned. CAP. VIr An ACT for altering and continuing the feveral Acls relating to the Expired. Duty on Liccnfed Houfes. C/fp. VII. An ACT for continuing the feveral Adls for raifing a Fund for the. purpofe of making and repairing Bridges and Roads of Commu- ^^'" ' nication through the Province. CAP. VIII. # An ACT for farming the Duties of Inipoft and Excife on Beer, Rum, Expired. and otl "jr diflilled Spirituous Liquors, and Wmes, at the Hland of Cape Breton, and Diftrid: of Canfo, and to enable the Farmer or Farmers thereof to collect th j fame. CAP. IX. An ACT in addition to an Aft, made in the Fifth Year of His prefent Majefty's Reign, entitled, an Aft for the Summary Trial of Aftions. WHEREAS the fummary trial »f certain caufex has hccn fotinJ of ^rcat ulUity, ami that tie en- liirgin^ ihefum to be tried in afiniwitiry luay by the Caurti ofjujllcey may greatly contiilhte to the cafe of Uis Majrjly^ Siibjccfs in this Province : \. Be it cna6}ed by the Governor, Council and Aff'cmbly, That the Juftices of the Supreme Court and Inferior Courts of Common Picas within this Province, be, and they are hereby impowcred ii! all ciufcs of action brought before them, the fum t«t;J whereof fljall not cxcc.-d twenty pounds, to proceed in like manner as has been accullomcd incaufes not exceeding ten pounds, and I'uhjccl to a writ of error to be brought from the Inferior Courts of Common Pleas to the Supreme Court, when the judgment ihallcx.ccd five poundi;. II. I'rcviJ.J iilu'uys. That v. hen oi. the examination of the wilnenes the inatfcrs of fact may ap;>.."ar d luljtful, or that cither of the parties Hull dcfire it, tlie Court Ihall and may order a Ju -y to try the fame, iti. J/iJ k it further enacleJf That any one of tha Jufliccs of the Suprc.r.c Court, or Irfcrior Ccurts Tor A'ls in a. iii.n.l.nci;tor;ii!- (lition ti' this Art I'-C nutc un ,.l,i.'dl (•!• r.Uvit s 'jtdie it, a .i..rv n::.\ he iv o:n ;o tiy liie iim.c. Ary .-.r.t jLil'.ce if a C.X-XHI. Anno dfclmo tertio et quarto GiOROii ITT. tyy.i^ ^l^',!;'^^^^^}lCouTtM of Common PlcMwlMn thU Province, is hereby impowered In all ciufesofaAion w f.« (»x dibtor brought before him, where the debt docs not exceed twenty pounds, to take the voluntary con- 'w^ulbc'iiua,^^"' fc'B**" of the debtor for the Aim demanded by the creditor as agreed between the debtor and creditor, and to proceed therein in manner as has been hitherto pra^kifed in debta not exceed* ing ten pounds, and fubjcdl to the like cofts as have been hcretofure paid in fuch cafes. Kxpired) Sxpircd. CAP. X. An ACT in amendment of, and for continuing an Aft made in the Ninth year of His prefent Majcfty's reign, entitled, an Aft for eftablifliing and regulating Ferries. CAP. XL An ACT for continuing an Aft, made in the Eighth year of His pre- fent Majefty*s reign, entitled, an Aft for granting to His Majefty, a Duty on Wheel Carriages within the Peninfula of Halifax. Eapireti' CAP. XII. An ACT for continuing fcveral Afts that arc near expiring. txpini. <:ap. XIII. An ACT in further addition to, and for continuing the feveral Afts fcM* the Eltablilhment of Fees, as regulated by the Governor and Council, at the requeft of the Houfe of Aflembly. At 1774 Anno decimo^artoetquintodocimoGEORoit III* €# K 183. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on t he Sixth Day of June, Anno Domini 1770, in the Tenth 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 con- tinued by feveral Prorogations until the Sixtb Day of Oftober, Anno Domini 1774, in the Fourteenth Year of His faid Majefty's Reign ; being the Sixth Sef- fion of the Fifth General. Aflcmbly convened in the faid Province.* • In the time of Francii I-eRRCi Oovtrnor ; Jonathan Belcher, Chief Jr.ftii-e, and PrefiJent of Council ; Williim W»»ftk|; SiHak«ri Kicbitrd Bullicley, Sccrcury ot Couocil ) and llituc Uelchunpj, Clcrlt. ot Ailcnibly* CARL An ACT in amendment of and to explain an Ad, made in the Tenth s„ a^. teth Year of His prefent Majefty's reign, entitled, an Aft for eftablilh- ^^"•-''•"p-^ ing the Rate of Intereft. WHEREAS in an J161 made in the terth year of His prefent Majefl/s reign, entitled, An Aft for efiablifhing the Rate of Intereft, it is among other things enailed, ' That x\o pcrfon or ricamLlo. perfons whatfocver, upon any contraft which Ihall be made, fhall take direftly or indirectly for lain of any monies, wares, merchandize, or other commodities whatfoever, above the value of fix pounds for the forbearance of one hundred pounds for a year j and whereas doubts have arifen how far the words wares, merchandize or other commodities, may he extended, to fix the offence of Ufury, upon any perfon or perfons who have heretofore, or may hcretiftcr let or hire out any grain, ftock of cattle, horfcs, cows, oxen, hciffers, ihcepor fwine, at a rate exceed* ing the the fum of fix per cent, per annum upon the value thereofii I. Be it enailed by the Governor, Council and Afjembly, That from and after the publication here- of, it ihall and may be lawful for any perlbn or perfons to contraft and agree for the loan or hire of any quantity of grain and number of cows, horfes, oxen, heiffcrs, fliecp, fwine or any other kind of ftock of cattle, or grain, upon halves or otherwife, as the lender or liircr may agree, upon the lenders taking the rilk of all fuchcows, horfes, oxen, heiffers, Iheep, fwine or any otherkind of live ftock npon himlelf, unlefs it doth or can be made appear, that the f lid ftock fo lent, pc- riflied, and was loft through the the wilful ncglefl of the iiorrowcr, or that the faid borrower fold or converted the faid ftock to his own uie, in which cafe the borrower ihall make gdod to the lender the full value thereof } and that fuch dealings was not, nor IhaU be accounted ufury.^ And AfffrpaW"i.at/«i of this Actitfli^ll be Uw'iii K> •■'"» pe'f' r\ to cor« trai achanhigc has accrued to many perfont from the hiring grain and cat- tle from perfjusi "^f^o may have in.tUvertently let out, or tent the fame to them, in a manner which byfomt may be deemed ufury : IJ. Ecitcnachd, That all profccutions or complaints which may have been commenced for [n"ain, or cattle hired t)r lent, and which have not yet been lawfully detcrmr.ed, fliall ceafc and be no further prolbcutcd, Provided, fuch complaint or profecution ftiall relate only to the hire or borrowing grain or cattle, and not to ufurious contracts formoncy lent within the mean- ing of this Act. jind "whereas there is no time limited in thcfuid Afl, wherein the ojfcnc: or offences fo prohibited fliall and may be profccvted. III. Be it enabled. That all profccutions hereafter to be brought for any offence already done or committed or which may hereafter be done or committed, againlt the liiid Acl, Avail be brought by the perfon or perfons aggrie\'cd, or by any pcrfon who may fue for the fame within twelve months from the time the oilcnce was committed : and it fliall and may be law- ful for any pcrfon or perlbns, who Ihall think themfelves aggrieved by uny judgment of any Inferior Court, to bring his writ of error, or appeal to His Majefty's Supreme Court. CAP. II. An ACT to impower the Province Treafurer to borrow a Sum, not exceeding the Sum of Four Hundred Pounds, for paying off the Debt incurred by making Bridges, and opening the Road to Truro, in the C ounty of Hahfax. CAP. III. An ACT to prevent Wijfte and Deftruclion of Pine or other Tim- ber Trees, on certain referved and ungranted Lands in this Pro- vince. WHEREAS His Majcflyhas ban pkaful to refer ve, andfet apart fevsral traEls of land within this province^ for thefpeciatpurpofe offccuring to the Crown, a perpetual fund for thefupply of tn.ifh and jhip timber for the Royal Navy, particularly all ihofe lands on St. jfohn's River, above (he pre- fentfc tllc.'uenfs, and the if land of Cape Breton. Ill order ihcrcf re, that the fame be effect tally f cured aialal any wafle or Ircfpafs '. 1. Bs it enacted by the Governor, Council and A[]'cnMy, 'I'iut if any perfon Hull fpoil, cut down, or ar.y othcrwife isijiire, or deftroy any pine: of any dinienfions whatever, or any other tim- l)er trc.'s, g; owing on ilic afore-rccitcd, referved, and ungranted lands, or fliall caufethe fame to be (lone, or Hull cut down or carry offany tree fit for a maft, from the faid premifes, for c\''ry tree lb cut or carried oft", and for each and every oflence, or without having firft ob- tained a licence therefor, from the Governor, Lieutenant-Governor, or Commander in Chief, f.)r the time l>ciiig, certifying that the faid jnne trees, and timber fo to be cut, are for the fole ufe of llisI^Jajefiy, anJior no other purpofe. All fuch perfons being duly convidled of the waftc and ticlpaf'i aforciald, he or th:y Ihall forfeit and pay to His Majefty, a fine not exceeding obc hundred pcuncis, on due conviction thereof, I eiore any of His Majefty's Courts of Reau'd, in any ('ounty wltl.in this Province, by adion of debt, bill, plaint or information, one half of the £uu fiiic Lp Li; puid lo the infornxr; the ollicr half to his M.j« fty, for the ufo of the Province. IL .Prtamlle. rcrfor,? rofl;i?^- eit from ciii(.i:i(; down, dilboy- iivr, or ca:i ', ii'.;; .cf! tiniiifi' f:i":i unj';r.i!itoJ l.ir.iis, ur.l'jl; by liccMCv' ficin llif ({(iv':r- noi, Jl.ttiiij;, ihat tlii: the (aiiio is foi HiiKajjIly'i; iiif; to ioii.it a /'imi IIO-. 1.x- ficcduig icol. I! ■-: 774 Anno dcclmo quarto ctquinto decimo Georgh 1 IT. C IV. 185 II. Jnd be ii further amiHed, That iffuch offender, on ducconvicllon, Hull be un;iMc to pay fuchfine, thatitfliall and may be lawful for fuch Court, before which the convicHon fliall be nude, to imprifon fuch offender for the fpace of fix months wit Iwut bailor mainprize. HI. And whereas the fettingfire to avy zuood lands ^ is often aUcndcd with great dijlmnion of iiW' her trees and otherwife deftro'js and pn.'^.'SKts their grav'th^ Be it enabled by the authority aforefaid, Thit if any pcrfon fliall purpnfely and niallcioufly fct fire tc any places witlan the limits -of the afjvefaid refervcd andungranted tenitorier,, and thereby deftroy any of the young growth, or timber trees thereon, upon due conviction before His Majcfty's Sujreme Court, Court of Af- fizeand General Coal Delivery, fuch crime fhall be adjudged fuor.y, and fiich perfon, fo con- vi ted, fliall luffer as a felon. IV. Provided, That nothing in this Aft fhall be conftrued to extend to fuch fii'e wood and under wc«d as is commonly ufed in the fijlicry, and fhali be within half a mile of the fea (here. OfTt-nder uniMe to pay tint TiiiTl bt imp'ilODcd iix niontl);>. Perrons malici- oufiy iluii,^^ li:fl to refci vcii or ungiantciilinds, tli'jieby ctedrov- ing tho '1 iniber, &c. to be dccm- fdjr.s. Not fo CKtend to ritcK'oud, 6cc. CAP. IV. An ACT for admitting Depofitlons (^e bene ejfe^ of Witnefles aged, J°'''^'^viS Infirm, and othcrwife unable to travel, and of WitncITcj: departing ^"J*'!| from the Province. lies Geo. cap. t & 31ft, Geo. 3d cap. 3. BE // ennHcd by the Governor, Council and Aftmbly, That when it fhall fo happen that any of the witncffes which fli.ill be jud ,-ed neccffarjr to be produced on the trial of any caufe between party and party, fiiall be infirm, aged, or otherwife unable to travel, or when any fuch witncfs or evidence is obliged to leave the Province, it fhall and may be lawful for any one of the Judges of the Court where the caui'c is to be tried, on due notice given to the adverfe party to be prefent, (If he fees fit) to take the dcpofition of fuch infirm or aged perfon, or perfons unable to travel, or who is obliged to leave tlie Province, and fuch depolitions fo taken and cer- tified under the hand and feal of the faid Judoe, and fcaled up, and directed to fucii Court, Ciall be received as legal evidence in fuch caufe. II. Provided, That proof be made on oath, that due notice was given to the adveife party of the time and place of taking fuch depofiiions. III. And provided neverthelefs. That if luch witneffcs fhall, at the time of tlic trial of the caufe, be in the Province, or able to travel, they fliall be required to give their tcRimony, ^;"vo voce, at fuch trial, in the fime manner, as iffuch depofiiions had not Ijeen taken. IV. Provided alfo. That all benefit of exceptions to the credit of iuch deponents, fliall be re- fcrved in the fame manner as on producing witnefTes for examination, viva voce, at the trial. V. And be It enailed. That every perfon of the profelllon of the people called (Quakers, who raali be required to take an oath as aforefaid, fliall, inflcad of an oath, be permitted to make his or her fclemn aflirmation. VI. And be it alfo enaded. That every perfiin wlio fliaU have made fucli oath, or folemn affirma- tion, and fliall be conviclcil of wilfully, falfi ly and corruptly, having fworn or aflirn:ed any tiling, fliall incur the lame penalties as perfons convifted of wilful and corrupt perjury. When witneffes arc unable to tra- vel, or cWigtd t3 le;ive the I': o- vir.ce, oneottlie Judges mav take their dcj-jolitions w!'ich (hall be felled nnd dliec- tcd to the Court. Oi'th to be msde ot notice being given to ad%'srfe parly to attend. Wiinenesableto tr?.vtl, &c. re- quired to attend. Saring benefit of cy.LCpiionstothe crtd:t of fuch \vilne;Tfc3. Qnn!;cr!!tomkke afBuniiujn. Perfon con\iv^e(l fv. taring or ;it- {JMr-iiR ff.Hcly toincur penalties Bs !ur pcjury. A a CAP. # i86 V. Anno decimo quarto ctquinto decimo Georgii ITK ^77'^ Si.lt'ier; and fea- i.r;ii ill tlie ler- vi;e bi His Mh- i. IJ lis f.'U.T) llwlC otHjjr ; and iille a.ij (iiford.'rly jcili^is without ,t pJ'ir ftuni a. J.iftiie of Peiice, til ill bj d^em;d iiiie and difur- ' Virliii'iliti! j;ri!- d tion dial! i:l'.ic ^ v/ai laiU. fur. a CAP. V... An ACT for punifHing Rogues, Vagabonds, and other Idle and Dif- orderly PcrXons. BE /■/ ena&ed by the Govsrnor, Council and AJfumbly, ITiat all foltliers belonging to His Majcfty's . Troop J in this Province, or feamen or mariners belonging to any of His Majcfty's Ships or Veflels, whofliail ba travelling or wandering wii'iin t!ie laidd'rovince, and fliall not have a pafii from the commandlng-ofiicer of the regiment, company, or fliip or vcflel, to which they belong ; and all idle and wandering pcrfons, who flull not have a pafu, or teflimonial, from fome Jufiice of the Peace, fetting forth, thu place from whence fuch.foldicr, fcamen or mariner, or fuch other idle and wandering perfon, (hall have come, and the place to which they are to pafs ;, every fuch foldier, mariner or feamcn, or other, pcrfon,. fliall be deemed idle anddifor- derly perfons, and (hall be proceeded againft as i:i herein after directed. . II. And be it alfo cnaHed^ That all perf(jns- who run aivay, or threaten to run away, and leave their wives or children upon any townihip, and all' perfons who unlawfully return to fuch townfaip, or place, front whencelhey.havc been legally rcuur.'ed by order of two Juftices of the Peace, without bringing a certificate from the townfhip whereunto they belong, and all per- fons who, not having- wherewith to maintain themfclvcsj live idle and refufe to work for the ufual wages, and all perfons going about to beg alms,.fhall be deemed idle and diforderly per- fons ; and. it fliall be lawful for any Juftice of Peace to commit fuch oflcnders (being convifted by his own view, ot by confefirbn, or by thet)ath of one credible witnefe) to prifon, or to the honfe of corredion, there to be kept to hard labour f(;r ;iny time, net exceeding one month. HI. And he it alfo further enacted. That it fliall belawful for any perfon to apprehend oflcnders ag;«nft this Acl:, and convey to fome Juftice of Peace, the perfons ki apprehended, to be pro- ceeded againft as is herein after ciireclcd, and in cilc any conftable, or otlicr fuch oflrccr, refufe or negled; to- ufe Iiis heft endeavours to apprehend or convey to fome Juftice any fuch of- fender, it fliall be deemed a ncgleci: of duty, and he fliall be punifiicd as is herein after dircftcd ; and'in cafe any Ovhcr perft)n, charged by any Juftice fo to do, refufe or ncglecl to ufc his beft endeavours to apprehend and deliver to the conflable, or fuch other officer, OT to carry fuch offender before fome Jlifiice, where no officer can be found, being convicted upon view, or by the oath of one wrtnefs before a Juftice, ho fhall forfeit rcn fliillings to the ufc of the poor of the townfliip, to be levied by diftrefs andfiilc of goods by warrant from any Juftice ; and in cafe any perfon, m)t being a conftabie or ofllcer, apprehend any dlfcrter,' or idle- wandering lervanr, or otlier per.'on, and deliver hiiTi to a ccNftuble, or convey him to a Juftice, or if any conftabie fo apprehend and' convey fuch defcrter, or idle wandering fervant, or other pei'fon, it fliaU be lawful for fuch Juftice to reward any fuch conftable,orotlicr perlbn,by making an order under his handiind fcal on the treafurer of tlie county, to pay ten fliillings to the pcrfon fo ajt- prehending him, on producing ibch order and giving a receipt, and the Juftices, at the General Soiiions, fliall allov/ th^e fame to fadi treafurer in his accounts, upon his producing the vouchers aforefuid. IV. Ah lie ifcnoiled^ That anyone or more Juftices of the Peace on receiving information that deferters, or any idle and diforderly perfons, are in any place within his or their jurifdicli- cn, fliall illue his or tlicir warrant to the conftiible.s to fcarch for and apprehend fiicli deferters, or idle and vlilbrdcily perfons, and in ctfe any pcrfon apprchendt'd upon any fuch fearch be charL'":d before fuch juftice or JuRice.s with btinga def-rtcr from Ills Majcfty's Navy, or Army, or an idle and diforderly ijerfon, or with fufpicinn of felony, (altluiugli no direct proof be liitn nnide thereof) to cs.iuiinc fuch jierfon, not only as to llic pi uo from whence he came, and wiiiJi'c he v.us lull 1 ij -lly ictdwJ, but ^j aj to. hi^i manner of livilijioud, the fubftance of which C^aiuiiiulion Ml « r information' 1774. Anno licelmo quarto et quiutodccImo'GEoncii III. C. V. icxan.inatioh fhall be put in wririrp;, and be figned by tlic pcrfon fo c.Nr.iiiincd, and t'lC faki Juftice or JufticesfluiH fign the fame, and tranfmit it to the nc:<.t Gcrcra! ScfUons cf the Peace for the county, or Special Sefiiors for the dilh-iifl ulicre fucli Juftice or Jv.iiices rcfde, to be filed anil kept on record, and if fuch porfon make it not appear to fuch jullicc or Jufliccs, tliat he is not adcfertcr, and that he has a Jav.-ful v.ay of getting his livellliood by labour or other* wife, or procure notfonie refponfil)]c lioufe-kcppcr to appear to his chaiader, and gi'.c fccurity for his appearance before fuch Juftice or UifLiccs, at i'ome other day, (in cafe the fame be re- quired) to commit (iiclipcrfon to fjuicprifon, or houfc of correJlion, for any time not ex- ceeding fourteen days, and in the mean tir/c to order the Ovcrfecrs of the Poorof the town- : fliip or place,«i'which fuch perfon isapprchcndcd.toiniertan advertifement in tlie public newf- papcr,defcribing^fuchfufpicious perfon, and any thing found upon him, or in his cuftody, an'd which he is fufpe*!>cd-not to have conic honcftly by, end mentioning the place to whicii fuch pei'fnn is comm.itted, and fpccifying when and where fuch perfon is to bo again brought before the faid Juftice or JuiHces to he examined, and if no accufation be ii;cn laid againft him, fuch .perfon fliall be difchargcd, or othcr.vife <:!calt with accor-dingto law, -V, ^Ind he it vifojitribcr ctiaL^lid^ '^i'hat if any conftable, or other officer, or ni after of any houfc of corrcvlicn, be ncgli'^cnt of liis duty in the cxecuticn of this Acf, or in caft- any pcrfjn dlf- tufb the execution of this Att, or rdcue any perfon apprehended or pafilng by virtue ther-eof, or be afllflirg to his or her efcape, and be cor.\ ictcd tliGrcof upon the oath of one credible wltrefs, befiire one J'jO.iccof tlic Peace, where fuch oTcr.cc; is ccmnuttcd, the perfon fo(^lTend- ing, forevcry fuch offence, flia'l forfeit any furn not exceeding f ve pounds, nor lef> than ten ffhilHngs, to the ufe of the poor of rhe town/Iiip, t-o be levied by diflrefs and file of the oacndcr's ^goodi,hy warrant from fuch Juflic?, and if fuflicient -, norlefs than ten fliillings, one moiety to the informer, and tlu- other moiety to the poor of the tcwnflilj), to be levied by diftrefs and fale of goods, by warrant from fuch Juftice; ar.d if anychnrgcbe brought upon any townftiip or place by means of any fuch oflenro, the fame ihall be anfwered to the laid townfliip by fuch oiTcndcr, and be Ie% ied by diftiefj and fale of goods, and if fuflicient diftrefs cannot be found, fuch offender fhall be committed to prifon, or to the lioufe of correc- tion, by the Juftice, for any time not exceeding or.e month. Proi'iu'iJ, That any perfon who flull have been profecuted and fined on "tlie Ac'l of Par- liament, for conccaHng or liarbouring Defcrtcrs, fiull not be again profecuted for the fame, en this A(Et. VII. Jiid be it alfo evaBid, ThaL wlicre perfonr,, by Jurrcy ov otlierwife, ar(^fui iouHy niad, ard dangerous to be permitted to go abroad, it {iiull be lawful for t\\'o Jufticcs where iuch lu- natic isfoimd, by warrant directed to tl;c Cor.ftaLlcs, < hurcliwardcns and Overicers of ti'.r .Poor, of the townfliip or place, to cauib tlich perfon to be apprehended, a-id kept fafely Itxked up in fome fecure place within the county, as fucli Jufticcs direct ; asHl if fuch Jufiices find it reccffary to be there chained, if the laft Icpl fcttl<:ment of fuch pcrlon be in any place witliin fuch county, and if fuch fcttlemcnl be not t here, fuch perfon fhall l;e fcnt to the place of his lail legal fettlcment by a pafs, and fliail be locked up and chained by warrant of two Jufiices of the 'f:y;inty to wliitJi fuch pcrfcu i? to Ic fcnt, and the vhurgcs uf ic ; oving and n:alnt.iinipg and curing 1S7 "ir- r.'f.'aKltop'.'ifr.iji c;iiri.h;r.Jcii ce-s not doing their di:;y j nr.rf on ptrf.ins hindering; llie t'xoCiit'oi'ofthis Ac\ 01 tclcuinj} piii&ncrs. rcr;i!tv fcr ^.-.-V leiing ilctcriL.s, i.r.r.ntics to Ik ciHitiiit'd hv wur- raiiiul juiliciu. C, VI. Anno decimo quarto ct quinto declmo Georgi i III. 1774; Onods ami E- /■ate of 'iiii'ics t.i he iVi^el to f>,\V t'le ch.iiRc of tlii'ir nutn- tcnance. But if lifi hi* no p:o;v,'?y his rii'.viiMip to pay tac ch.irgci. Ttcvifo. prions fwcf for ar>y t-.ing dmif i> execution of t'oii Aft ni:iy ftVitl General curing fiicli perfon, durin;» fuch reflraint, (which fliall be for fuch lime only as fuch tnadnefs continues) (hall be paid, kting firlt proved upon oath, by order of two Xuftices direfling the Churchwardens or Overfcers of the Poor, where any goods, lands or tenements, of fuch perfon be, to Ceizc and fdl fo much of the goods, or receive fo much of the rents of the lands, as is ne- cclfury to pxy tlie fame, and to account for what is fo feized, fold or received, to the next Sefiions ol: the Peace ; but if fuch perfon hath not an cftate to pay the fame over and above what Is fufltcicnt to maintain his or her family, then fuch charge fhall be paid by the townfliip* or place to which fuch perfon belongs, by order of two J.uftices, direded to the CliurchwardenS' or Overfcers. VIU. Ptovideif,. That nothing herein contained, fliall extend, or be conftrued to extend, to abridge the prerogative of His Majefty, or of the CiianceIlor,conccrning fuch lunatics, or reftrain* any friend or relation of fuch lunatics from taking them- under their own care. IX. And be it alfo further enabled. That if any perfon or perfons fliall be fued for any matter or thing, which he or they fliall do in execution of this Act, he or they may plead-the general ilTuc, and give the fpecial matter in evidence, and if a verdicV fliall pafs for the defendant, or the plaintiff fliall' be nonfuited, or difcontinued his fait, the defendant may recover treble cofts. For Ai-Ts in a- ■iendm.:nlor;id- J'tion to this Aft fi.'i nute on 8th Ceo. 3d. cap 5. Prearalic. ThB Suprcms Court ihall be held in the fcve- rai Towns and Counties, and at times, hereatisr menuoncd. Jirors. CAP. VI. An ACT in addition to, and in amendment oran- A6!, made vm the Eighth Year of His prcfent Majefty 's Reign, entitled, aa A£t for ellabhfliing the Times of holding the Supreme Court. WHEREAS many and grca!t inconveniences have atifen, and daily do arife, for want of a more fpeedy and full adminiftration of jufticc in the feveral Counties in thisPro- vince, that many fuitors living and refiding therein, do fue and profecute their aAions and caufes of complaint in the Supreme Court, at prefcnt held only at Halifax, and that their being obliged to come from a great diftance themfelvcp, and bringing their witneffes, is very tlctrinient:d as well as expcnfive to them, and great injury is thereby done to individuals, as- well as to the public good of the Province ; and v.hereas His Majefty has been pleafed togrant a commliTion, and appoint a Supreme Court, Court of Afiize, and General Goal DcHvery, to be holdcn in, and through the Province, cxercifing the powers of the feveral Courts of King's- Bench, Common Picas and Exchequer in England, and that the holding the faid Court at cer- tain ftated times, in fuch Counties to which there is a communication with the town of Halifax by land, will greatly contribute to the fecurity of the rights of the down, as well as to the eafe and welfare of His AJajcfly's Subjefts in this Province :. L Be it thcnforc cnafled by the Governor^ Council ar.d JJJimbly, That the faid Supreme Court fliall from and after thcthini'nh day of Deccmt r next, be holden in the feveral towns and counties, and ;%t fuch times and in fuch manner, as arc hereafter mentioned, and that the faid Supreme Court fliall be, and is hereby impowered, to- proceed at tlie fold feveral fittings, in and as near the fnne manner as hath heretofore been ufed in the faid Court, fitting at Ha- lifajc, and that the fjveral Laws oF this Province, refpecllng Jurors, fliall extend and l«; con- fl;rued to extend to the hdding the faid Supreme Court at the laid feveral times and places, and that all the proceeding;, rule?, judgments and executions, of the faid Supreme Court, le- gally had, made and done, in and at their fittings and terms, and at the faid feveral places, fliall be good, valid and eflcd^ual, to all intents and purpofes whatfoevcr. II. And xvhtrcas it may be at funded uith inconvenience, that all and every the yudgcs of the /aid Supreme Court, fy^uUlc ^rcjLnt at the feveral fit cin^s of the faid Court : JJe r774 Anno dccimo quarto et quinto decimo Georoii HI. C. VIIL 189- Be it enailed. That any two of the Judges of thefakl Court, fliall be fullicicnt for holding the fams, and tranfafVing the bufinefi thereof, at all, any, and every of the times and places bereifter mentioned, and the legal proceedings then and there had, (hall be to all intents and purpoies whatfoever, as good and effeftual, as if all the Judges of the faid Court were prcfent. III. And be it enaiisd. That the faid Supreme Court fliall be held at Halifax j at Morton, in King's County ; at Annapolis, in the County of Annapolis; at Cumberland, in the County of Cumberland. And that the time of fitting of the faid Supreme Court, in each of the terms or times for holding the fame,fhall be limited, that is to fiiy, at Halifax, for fourteen ^ayS; from the day of opening the laid Court, unlefs in cafes of unavoidable necedity, or that the multiplicity of bufuiefs at eitlicr of tlie faid terms (hould require "it, in which cafe the Judges may continue the fame for a time nor exceeding fix days longer. And that in each of the other Counties the Ckid Court lliallnot fit longer than five days from the day of opening'each of the faid Courts. Provided alvjays. That nothing herein contained, Ihall be of force or effe<^, until His Majefty's pleafure be known thereon. Two Judges to hold the laid Court. That part of this Itfllion which rcfpti^U the time ot Courts fitting is not printed, bein;; rhanged for Hulifjx by the tothandjid C«eo. 3d. cap. I,- and 3. and fur the other Coua* ties by tiie 39th G«o.3d. cap. j; Confirmed by His M4i^7* CAP. VII. An ACT in further amendment of an Ad, made in the Thirty- Second year of His late Majefty's reign, entitled, an A<3: relating to Treafons and Felonies. WHEREAS /« and by an ACl made in the thirty Jecond year ofllh late M'ajcjty's reign; entitled. An Ai\, relating to treafons and felonie."?, it is among olbjr things enailedy ' That of» *" fences therein defcribed as in degree of petit larceny, fhall lie puniflied by fuch public whlp- •' ping as the court before whom fuch oilendcr fhall be convicted Ihall direct ;' and whereas it is thought expedient that the Court Jhould have power to order the per/on convi£led of fuch petit larceny t9^ he itnprifortcd, or committed to the Houfe of Corrcilton^ or whipped at the dtfrction of tlje Court : I. Be it therefore enafled, by the Governor, Council and AJhnbly, That it (hall and may be lawful for the Court before whom any offender fliall be fo convicted- as of petit larceny, to punilh fuch offender by whipping or imprifonmenr, or commitment of fuch cffendcr to the houfe of correc- tion, there to be put to hardlabour, the faid imprifonment or commitment to- the houfe of correftion not to exceed three months, and within that fpace for fuch time as the Judges in their difcretitm fliall think fit. F. and .,9tl» Ceo.jd Ciip. 5- Sujircme Coort riiiy, OftSjipl-ci" tloii.Klii* '^Vii.j- ot «-."crioriri f'T r':nv)viny('nii;!» oi'»f'(]i'>r.; ^f the CA?. »'9» C, IX-XI Anno declmo quarto ct qu'into dechnoCriiORCii III. 1774 CAP. IX. 'I I'l" tinv /.xti livihe 7 1 ft itrii 36ih (Sffo. 3' An ACT for altering the Times of holding the Court of General SciTions of the Peace, and Inferior Court of Common Pleas for the County of Cumbcrlan^l. CAP. X. fnr A^s in a- XionTuhUAa -'^^ ACT inamenclment of an A«5l made in the Thirty-fecond ycrj: .uS.wp.w^ of His late Majefty's reign, entitled, an A61 for punilhin^ Cri- ■minal Offenders. l^reamLlf. HEREaS l)y an Acfmadc in the tlArty-fecond year cf His lute Majcfiy''s rci^n^cnlUkdy^ Awkd. 'for punifliing Criiiiinal QlTcndcrfj,' // is amovg othor th'mg! cmiilfd, ' 'I'hat every perfon convifted of perjury, in manner therein mentioned, flu'! be fet in the pillory, and that both hij ears fli^tll be nailed to tlic pillory, and that every perfon convitfled of counterfeiting, itnpaiiiiig, diminifliing or imbafing, any foreign coins, current in iliis Province, ■in n)anncr alfo therein mentioned, fliall be fet in the pillory, and that one of his eurs fliall be nailed to the pillory.' Aiid whereas it was the intent rf tbcfaiJ Act for dui; pnnijhmcnt sffuch tjfendcrs, that both the ears of the perfon cmvi^ed of perjury^ and that one ear rf the perfon conviEled of counterfeiting^ impairing, di- ninifliingy or .imbq/tngy-any foreign coin current in this province, fiould be cut off and. then nailed to tbi pillory : -I. Be it therefore enaSled, by the Gm. tile travel, and one (liilliflg poundage, on levying and felling the diftrcfs, and that the wliole cxpcnce to be charged by the Juflices for the fuiiinions, judgnient and execution, fliall not exceed four fliillings and ten pence, flat is ioj'ny, two (liillings and (ixpence for the fummons, one fliiliing for the judgment, and one fluiling and four pence for the war- rant of diftrcfs or commltii.cnt, any lav/, ufage or cullom, to the contrary notwithftanding. VII. Jnd be it cnaffcds Tlu'.t wlicre the fum fued for dots not exceed five fliillings, there (haU no coft be awarded agaiiifl the defer.dant. VliJ. And bi it a!/'. ena6led^ That if any perfon or perform wliomfoever, fhall a(k, demand, or take, any greater or other fees for the (ervices mentiiined in iliis Aft than are hereby cftahliOi- e^, he or they (hall forfeit and pay the fum of five pounds, andbep'olecuted as in cafes of ex- tortion, one moiety of the Ciid fine to be unto His Majcfty, for and towards the fupport of the government of this Province, and the other moiety to the informer, complainant, or Iiim that ^all fuc for the (amc in any Court of Record in this Province. JORM of the SUMMONS. to * YOU are hereby required to fummon A. B. of tp rippear before us on ' the day of at o'clock in the to aafwer to C. D. in the fum ' of and make return hereof, on or before faid day. * Witnefs our hands and feais the Tetj allov.ert to ttetjt. Where Aim fued for does ncit c.\- cted js. DO colis Pcra'iyon pir- fwiis taking Form of Sum- ■JxpiuU, Cap. XVI. An ACT for farming the Duties of Impoft and Excife on Beer, Rum, and other diftilled Spirituous Liquors, and Wines, Sugar and Molafles, at the feveral DiHri^ls therein mentioned. CAP. ^77-S Aimo decimo quinto GsoRonnt. C. I. '93 -CAP. XVII. An ACT to enable John Morrison, Deputy Surveyor of Lands, to .j.^;, ^.j„„„. recover of the Inhabitants of the Townfliip of Clare, the C hargcs i^J- he has been at, in Surveying and laying out Lands to the faid In- habitants. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth day or June, Anno Domini 1770, in the Tenth year of the reign of Our Sovereign Lord George the Third, of Great-Britain, France and Ireland, KING, Defender of the Faitli, 8cc. and there continued by feve- ral Prorogations until the Twelfth Day of June, Anno Domini 1 775, in the Fifteenth Year of His fliid Majefty*s Reign, being the Seventh Seflion of the Fifth General Aflembly convened in the faid Province.* * In the time of Francis Legge, Governor s Charles Moms, Prefident of Council ; William Neiblt, Speaker ; Richard Bulkdey, Secretary oi Council } and Ifaac Defchamps, Clerk of AflemUy. CAP. I. An ACT in addition to an Ad, made in the Fifteenth year of His prcfent Majefty*s reign, entitled, an Ad to prevent Waftc and ^jc^-^dcj Deftrudion of Pine or other Timber Trees on certain referved and ungranted Lands in this Province. WHEREAS the rejiri^ions cinUined in an ASl^ mode and pajfedin theffteenth year of His pre- fent Majejifs re'igHy entitled^ " An Aft to prevent Wafte and Deftrudion of Pine and other Timber Trees, on certain referved and ungranted Lands in this Province." tfr^/oo^.»«r- »vj/, and may tend greatly to the detriment of the Fijhery ; in order to remedy the fame : I. Be it enabled i by the Gtvernor, Council and JJembly, That any perfon or perfons inhabiting the ifland of Cape Breton andfuch as are employed in and about the fifliery, may cut down and ufe fuch wood as fliall be neccffary for fuel and the purpofes of the fifliery, and fuch per- fons fliall not be liable to the penalties of faid Aft although it fliould be beyond the line therein prcfcribed, any thing to the contrary in faid Aft notwithftanding. Preamble. Inhabitants of Cape Breton and fuch as are cin- ployedinthciilh- ery. may cut down and ufe fuch wood as /hall be nc'ccflary for fuel and the tidi- er y. Ba CAP. 194 C. IMV. Anno decimo quinto Georcii III, ^775 CAP. II. Bxpired. An ACT, in amendment of an Ad, made intlic Eighth year of His prefent Majefty's reign, entitled, an A6> for gpranting to His Majefty a Duty on Wheel Carriages within the Pentnfula of Ha- lifax. I ^5 if 4 For Afti in a< im.'ni1nitnt or ad- dition to this Aft fvc note on ^ih Cut. ^d. cap. It. All c«/« where the dtbc IIihH not exceed il. to be witd before one «t more Jufticcs. Debtor not ap. p^aring on fiim- monsorneglefl- tr.iT to pcribrm ojder. Ixeei'.t-lon a- gainft Roods and clwttds 5tt; . for want thereof to be coin.Tiittcd. In sU raufes brouglit before one or more Juf- tices, cofts to be awvdcd. This Aifl reviTtd by jjd. Gcu.jd. PraunUe. CAP. III. An ACT infurther amendment of the feveral Laws, relative to the Summary Trial of A6lion». WHEREAS many inecnvenieneet doarife in carrying into execution the A^ madelafifeffton of the General AJembly, tntitledt '* An A6k in further amcufciu oil lib MajcUy's C'ouncil, tu ili'uu a prucUniiuion, for prohibi- ting for fuch tijnca8lh.ill be therein e.\pre(Tcd, the exportation out of the Province orcouft- ways, any gunpowder, arm« and ammunition, or fait pctrc,«:xccpt for His Majclly'u ufe and fervicc, or with Hccnce full obtiiincd by tho Governor, Lieutenant-Governor, or Ck>mmandcr ill Clucf forthc time bcin^, or otiicr pcrfon appointed by g()vernn»cnt iov tlut purpoJe, II. And bi it encMcJ, That if any gun-powder, arms and ammunition or fait pclrc, (Iiall be {Iiippcd or laden onboard any velT'el for exportation, or be carried toallways, contrary to fuch proclamation fo ilTued for prohibiting the exportation thereof, the fame fliall be forfeited, and the maftcr of fuch vcllcl or any other pcrfon or pcrfons concerned in fl»ipping or luding any gun- powder, arms and ammunition, or fait petre, ftiall forfeit and pay the futn of fifty pounds, t^j be recovered in any of Mis Majefty's Courts «f R«'cord in this Province, and appUcil, one half to His Majefty's ulc, and the other Jialf to the informer. PrtviJeJ, Ihat nothing rn this Ad fliall extend, or be conftrued to extend to any fmall quantity of gunpowder or fmall arms, for the fl»ip or vcficl's ufc. HI. jtnd beit enafled, That this Aijr' t; nt' K""* pow'le', Ac. IV ci'pt for Jlis M.i- icity's iifLiti with licenlc Iruni die Uuvcriiur. r.inpo'vder.&c" fl)ip[)t:d C}iitr.i,y to luch l't<«;lH- nutiun tu be for- fvitcil and tlie Mafter of tlie Vcfiultopuy jol. Kf« to extend t« i;iin|>owdcr, &(:. lor v<.fli:l's ufc A'.l continued lui Oiic yc'ui. CAP. V. An ACT for the relief of Jonathan Binney, Efq. late Colle6lor of This a^ not ap. the Duties of Impoll and Kxcifc at the Dilhia of Canfo. K^""^ "'" CAP. VI, An ACT for the better fecurino: the payment of certain Debts -due This a<5» not ap- to the Government of this rrovincc. ^tjcfty. CAP. VII. An ACT in addition to, and amendment of, the feveral A 6ls made ''"'''= ^Vu^'i'-" by the General Aflembly of this Province^ for appointing Com- ^^^^'^v- miihoners of Sewers. CAP. VIII. An ACT for altering the Times appointed for holding ihe Supreme n;, a.t not ,p- Court in certain Counties therein mentioned. M°id\y.'^*'^' C.ir. 1^6 C. I. Anno decimo quinto et fexto decimo Gboroxi III, 1775 Tlii* AAexecu* CAP. IX. An ACT to enable certain perfons, therein named, to ftatc an account of the work done in the Townfhip of Truro, for repair of Dykes and Roads, fince the year One thoufand feven hundred and futy one, and to oblige the perfons concerned in the fame to pay their proportion of the faid expence. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth Day of June, Anno Domini 1770, in the Tenth 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 conr tinned by feveral Prorogations until the Twentieth Day of 0(5lober, Anno Domini 1 775, in the Fifteenth Year of His faid Majefty's Reign ; being the Eighth Seflion of the Fifth General Affembly convened in the faid Province.* • In the rime of Francis Legge, Governor j Jonaihm Belcher, Chief Juftice and Prefident of Council ; William Neftit, Speaker; Rich;a'd Bulkclcy, SecreUry of Council i and ll^.c Dcfchanips, Clerk o( Aflcmbly. Tliif Alt repetil- eriby jyh Uco. id. CAP. I. An ACT in addition to the feveral Ads of this Province, made for regulating the Militia, and more particularly an ^ 61 made in the Second year of His prefent Majefty's reign, entitled, an Ad for better regulating the Militia, on adual fervice, in time of War. 0\P. Ti- 1775 Anno deoimo quintoet rextodccimoO£OROii III. C. II. 197 i William NeAiir, CAP. II. An A£l in addition to an A&t made in the Firil year of His prcfent Majefty's reign, entitled, an A& to prevent the fpreading ot Con- tagious Diilempers. BE // enafltd by tbi Governor^ Counctland Afflmbly^ That for the better prerentfng the fpread- ingof infeAiun,'»^hcn it fliall happen that :\ny pcrfon or pcrfons coming from abroad, or belonging to any town or place within thi:» Province, vifited, or that lute before have been vi- fitcd with the plague, fniall pox, pcftilcntial or malignant fever, or other contagious ficknel's, the infefkion whereof may probably be communicated to others, two or more of the Juftices of the Peace, together with the Overfccrs of the Poor of fuch town, arc hereby inipowcred, upon full and fufTicient evidence and proof being made to fuch JuUiccs and Ovcrfecrs of the Poor, and after taking the teiUmony of one or iiiorc phyfician, furgoon ( townfttip or phice, to talce care and tnake cflcclual provilion in the bcft manner they can, for the prefervation of the inhabitants, and if fuch fick or int'cdcJ pcrfon or perfons (hall not remove himfclf or thcmfclves, or be removed by his or th^nr parents or mailers, to fuch place as the Juftices and Overfcers ct the Poor fliall think fit and proper, pro- vided the fame be within fuch townfliipor plade, it fliall and may be lawful for the faid Judiccs and Overfcers of the Poor to remove and place fuch fick nr infccled pcrfon or pcrfuns to, and in a feparate houfeor houfes as <4forelaid, and by providing nurfcs, attendance, and other ainil- ance, and ncccffaries for them, at the charge of the parties themfelves, their parents or nuficrs, if able, orotherwife at the charge of the town or place whereto they belong. And in cafe it ihall happen that any perfon or perfons fliall be vifited with any fuch fmall pnx, malignant in- feftion or fickncfs, in any other town or place than that whereto they belong, and thereby oc- cafion a charge to fuch town, the Overfeers of the Poor fliall lay ihe account thereof before the Juftices in the Court of General or Special Scffions of the Peace, held for the County or Dittrift, where fuch town lies, whereto fuch pcrfon or perfons belong, and. the Juftices having adjufted the account of fuch charge, a^.d allowed fomueli theienf as they judge reafonable, fliall order payment thereof to be made by the Ovcrfcer* of the Poor, when iht perfons thcmfclves, theirparents,or mafters, are unable to pay the l'amc,and when it fhall happen that fuch indi^ut perfons, are not inhabitants, or belonging to any town or place within this Province, and the proper charge thereof, in cafe they need relief, being adjufted as aforcfalJ, then the clvarge of their ficknefs Ihall be defrayed out of the public Treafury of tlic province, by warrant from the Governor, Lieutenant-Governor, or Commander in Chief, on the certitica'.e of the faid Juftices. II. Provided^ That any pcrfon or pcrfons defirous of being inoculated (for the fmall po?:) thcmfclves, or of having tlieir families inoculated, may proceed therein, provided, that the lioufe or place wherein they dwell or rcfide, during the time of their being infected with the uiiall pox, fliall be at Icaft one hundred and fixty rods diftancc from any other houfc («• dwel- ling, and that they take care to prevent and reftrain all pcrfons infectec!, from goin«- from thence, further then eighty rods from fach houfc, and alfo that fuch tlieir defign oi inoculating be made known in the townfhip where tlicy dwell, and a flag hung out at their fliiJ lioufe, t») the end that all perfons may take notice thereof, andavoid^ if tlicy fcx caufe, going, near fuch houfes or places. III. Provided al/o. That nothing in this Adl contained, fliall be conftrued to extend to the town of Halifax. For Aifli In t> meiidni«nt orad* ditiontotliij.l f, fee note uii ilt. When any pcr- iuna c >me fiuin any pLicc iiitcifl- ed with plav;u9, fniiijl |)0K, Sic. on Himcicnt cvi- deniiiand ttlh- niony otphyligi- am, in ot tli« PvJr t ; t.kc crtre iii'il m.ikc tfFcc- iii.il pro*'li')n tor thi! pifi^rv.itlon I'i ilieiiil\il)itintj Sick or infec>.d prilons to r^.- inore tlicinfcUca or b? rvnu-vcrf by Jullicts and Oteilceisoi the Paor. el lypifimsbe' lonnii.g to ar.y' oihcr town \v')9 ' ftK.llbefi^kwah fii.:ill (DX, &c. and mIiu .lie un- able to (ay tne f.iinc» to l)c paid by Ovcrfccis of tin Pool 0' tiiwa whore ihey ba- long. and v.Iii-n fuch •• pel lor* dj iKit beloii^j to any fuch tow», lutn churgi.- to ti. paid Intht Ticafiircr ut' llic l'rciuoc«. Rulrs to be tlr. iLivcdbypcilli't wlio lli.ill iii'.icu- liie tlic;iULive» or f^iuJiC), Nit to f xtend to- Ii4d>ia:&' CiP. 19^ Geo. jd, lC. ril-Y^ Afu^o decimo qunrto et fexto decimo Grohoii III. 1 775 CAP. III. An ACT in addition to, and amendment of, an A£l made in the Eleventh year of His pfefent Mtjefty*8 reign, entitled^, an A<3: for , altering and amending an Ad:, made in the Tfeirty-ScGond year *of Mis late Majefty's reign, entitled, an A^ relating to the allize , of Bread, and for afcertaining the Standard of Weights and Mea- fures. m : h . I -IT Alls in .1- iiieiiJnipr'. orsd- dition to this A..1 fes iiots en 8th. Gto. jd. c.ip. 7. rrcaiuhle. In all CAiifei where the Cum in demand Ihall ex- ceed 3I. the Pro- *oll Mjrihdl or dopuiy may ar- reft, ipiprifun, or hold to bail .my d;btor. vpcn piiiintiir, his .«- torncy, or ".j> -nt milking afiidiivit, be tore a JuJge or I'eClc-k , de- puty Clcr'; of Court. Sum fworn tojto loc indorfcd oa tlie wtit. If plaintiff is fick «nd unable to at- ti^nd on the Judge or tilt Cli^rk or Commiirionei for taking ImiI, fach pUintiflF may make affida- vit Of fore a Juf- tice oi tlicPuice CAP. IV. An Ad in amendtnentto thefeveral Laws of this Province eoncen-iing Bail. HERE AS Piany and great inanvtn'x nets cr'tfe for the want nf. authority being granted by Law, for holding to badfucJ} perfoni who may be indebted for funis under ten poundsy and exceeding three pounds : , I. Be it enaffedity the C/overnw, Council and Afjembly, Tliat in all caufes \\ here the fum in de- mand fluiU exceed three pounds, the Provoft MarQi.il or his deputy, may arrcft, imprifon, or hold to bail, any debtor or debtors, upon the plaintilT, his attorney or agent, making and ful>. fcribing an affidavit in writing, or on the back of the writ to be iiTued, for recovery of the debt, to be fucd for, before a Judge, or the Clerk, or his l>puty, of the Court from whence tl>e writ dull Jil'ue, that the defendant is juftly indebted to the plaintiff in any fum exceeding three pounds, which affidavit, lb tobcfubfcribed. as aforeHiid, fliall be filed in the clerk's office from whence fuch writ may iiTuc asaforefaid, and the fum fpecified in fuch affidavit, fo made and fubfcribed as aforefaid, or to be made oathe writ as aforefaid, Ihall be endorfed on the writ to be ifiucd as aforefaid, in the for mfollowing, by oath for (in words at length; forwhidi lum, fo endorfetl, the Provoft Marflial, Sheriff, Coroner, or their Deputies, flull take bail, and fer no more ; any law, ufage or cuftom, to the contrary notwitliftanding. II. Provided aluays, and be it enabled. That whcnfocvcr It may happen that any plaintiff or plaintiffs are lick, and unable-io attend upon the Judge or Clerk of any Court, or upon a Com- iniffioner for taking bail, to make oath to his op their debt for holding a defendant to bail, fuch pliinliff may make oath before any one of His Majefty's jufl'ces of the Peace, and every oath fo to be taken, and bail, which may be ordered by any one ot His Majefty's Juftices of the Peace as aforefaid, flull be a^ good ;ind effeclual as if nude before auy Judge, Coanniflioner or Clerk, as aforefaid. CAP. V. •This Aft notnow ;ic« 'A'^'S.t An ACT for eftabllOiing the Times of holding an Inferior Court of Common Pleas, in the Townihip of Ya- mouth, in Queen's County. CAP. oncerRiiiff X775 Anno decimo q^mto etfextc decitno Georcii 111. C. VI-X. 199 CAP. VI. An ACT for the ready admiffion of fuch of ttk Majefty's Subjefts in the Colonies on the Continent, who may be induced to take re- red'with the*M- fuge in this Province, from the Anarchy a^d ConfuHon there, tlfowk*' *"* and for fecuring the Peace, and preferving the Loyalty and Obe- dience of the lnh<.bitants of this Province. . ■! l....-..i.. ■■-,-. I ■ .._ — l..i>i ■ I ...1 ■! «■■■■■■ ■ -■ • I — I .i^l I ■■! Ill I ■ ■ — iMM^M^MW— ^*. ' CAP. VII. An ACT for raifing a Tax on the Inhabitants of this Province, for defraying the expencc of maintaining and fupporting the Militia of Expired. the laid Province, and for the defence of the fame. CAP. VIH. An ACT for further regulating the Market at Halifax. Espircdr CAP, IX, An ACT to continue an Ad, made in the Fifteenth year of His pre- fent Majefty's reign, entitled, an Ad to prevent, for a limited time, " * * the Exportation of Wheat, Rye^ Barley, Flour, Meal and Peafe, from this Province. CAP. X. An ACT in addition to, and amendment of, an Ad made in the Third Year of his prelent Majefty'^s Reign, entitled, an Ad to pre- vent Nuifances by Hedges, Wares and other incumbrances ob- llruding the Paflage of Filli in the Rivers in this Province. WHEREAS in and by an Aft made in the thin! year cf his prefent Majcjl)\ reign, en/iiUd, in A& to prevent nuifances by hedges, wears, and other incumbrances, obiirutfling the paflage of filh in the rivers in this province, It is enabled, ' That if any perfon or perfons flail prcfume to creel or fct tip any hedge, wear, fiih garth, or other iiicunibrance, or place any feineor feincsacrofs sny river in this province, contrary to the rules and regulations niaJe by the Juf^ices in their General Quartc. ."elTions annually, fuch perfon or perlbns ihall upon tlue con vidion thereof, forfeit and pay the lum of ten pounds,' vj.bir/j penalty in muny cafes is ftundtM high, and the method of recovering the fume inton-xxnicnt, for remedy whcrafi I. Be it enabled, by the Governor, Council and A [fembly. That it (hall and may be lawful for the Juftkcsiu their General or Special SeCons of the Peace, annually to make rules and orders for For \^% In a« mendmciif or »A' dition to il\is Acl fee note on yS. anil 4ih Gw. jdi PreamLIe. rVie Juriees It theii Gtnt ,il i,r Special ;>cfIIoni ;r 400 C.XI-XII. Anno dccimo quinto ct fexto decimo Georoix III. 177:5 to make refvtita- tiorib for the ri- ver filhery, and affix a penalty for breach there- of, not exceed- ing id. How recovered. The Juftices to appoint two or more fit perfani to be Overfeers of the river fifli- 'Ifanynet.hedge, , &c. IS found, in any river contra- ry to the regula- tions, the fame with the filh to ,' be forfeit. Nothing in this Aft to extend to thofe rivers where filh do not rcfort in -feafons for fpawning. Additions and a- mendments by this A& to 'oe in force two years. for the regulation ofthc river fifhery in their rcfpe^ve counties anddiftrids, as they from time to time Ihall find neceffary for the prefervation thereof, and to affijc a penalty for tlxe breach of the fame,- not exceeding ten pounds, to be recovered when the fum does not ex- ceed twenty \fliilling£,'before one Juftice, and. when the fum exceeds twenty (hillings and not exceeding three pounds, before two Juftices, any law, ulage or cuftpm to the contrary not- withftanding. II. Atidbe ital/t ena&ed. That the faid Juftices in their SeiTions as aforefaid, (hall and may ap- point two or more fit perfons to be overfeers of the river fifhery, who (hall be fworn to the faithful difcharge of their duty, and (hall have power to remove any net, hedge, wear, fifh garth, feine or other incumbrance, that (hall be found in any river, contrary to the regulati- ons made by the faid Juftices. III. And be it alfo further ena^ledy That if any net, hedge, wear, fifh garth, feine, or other in- cumbrance (hall be found in any river, contrary to the regulations fo made by the faid Juftices, and no owner appearing to claim the (ame in ten days after public notice (hall have been given thereof, the (aid net, or feine, (hall, togetherwith the fiih found therein, be forfeited and fold, to fatisfy the penalties aforefaid, the overplus if any to be paid, to the overfeers of the poor for the ufe of the poor of the townfhip where the offence (hall be committed. IV. Provided^ That nothing in this Aft (haU be conftruedto extend to fuch rhrers, to which fi(h do not refort in the feafons for fpawning. V. And be it enaded. That the feveral additions and amendments made to the afore recited Aft, by this Aft, (hall continue, and be in force for the term of two years, and until the end of the SefTion of General Aflembly then next following. CAP. XI. ^pire^. An ACT for continuing feveral Adls that are near expiring, CAP. XIL An ACT for altering the times of fitting and holding the Supreme Expired. Court in King's County and the Counties of Annapolis and Cum- berland, in the fpring of the year 1776. ps^ At .1: i: III. 1775 as they from lalty for the does not ex- ngs and not )ntrary not- and may ap. fworn to the e, wear, fifh the regubti- or other in- faid Juftices, all have been be forfeited overfeers of itted. ;rs, to which afore recited ntilthe end 1776 Anno dccimo fexto Georou III, C.I. 20t At the GENERAL ASSEMBLY of the Province of Nova-Scctia, begun and holden at Halifax, on the Sixth day of June, Anno Domini 1770, in the Tenth 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 Fifteenth Day of June, Anno Domini 1 776, in the Sixteenth Year of His faid Majefl:y*s Reign, being the Ninth Seflion of the Fifth General AfTenibly convened in the faid Province.^- • In tlie time of Mai:ot ArViuthcnot, I-iciitcnant Govsrnor ; Charles Morris, PrcflHent of Council ; William Ne/bit, Spcikei i Richard BulkJey, Secictary of Cuuncil ; and Iluac Defchamps^ Clcik ot Aiitiinbly. )iring. Supreme id Cum- i CAP. I. An '" CT in addition to the fevcral A£ls, made by the General Aflembly of this Province, to enable the feveral To wnlhips with- in the fame, to maintain their Poor. WHEREAS ifje inhabitants of the towrifnip of Halifax have neglcBcd to meet at the times by law clireded, to vote money for thcfupport of the p'.or of /aid tounjhip, which has made it ncC'.Jj'iry for the'jiijiicei at the General bcj/icns jfihe Peace, toarnercc the faid iownfoip, in fuch funis as to them appeared rcquififc for the pnrpofe. And whereas doubts have arifen as to the number of AffLfJors to he appointed by the ytijiires for ajjtjfng the faid fuws fo amerced, or which it may be expedient hereifitr to amcTte, on any tounfhip ncgkiiing to meet and make provifton for their p'ir.r as afonfaid : I. Be it ena^fdby the Lieutenant-Governor, Council and AfJ'embly, 'I'lut in all cales where the in- hiibitcints of the towi;{hip of Ilalifixx, or of any other townfiiip in the Province fhall ncglcfl to meet and vote fuch fuins as may be neceilary to be raifcd forth fupport of their poor. The Juftices at their Special SciTions of the Peace, IhiU and may amerce fuch toM'nfliip in fuch fum orfums of money, as they fliull th.ink rcquifiie for that puipofe. Aijd th.ey Ihall a!fo at fuch SclFions appoint five freehrldcrs (tiiree or aiore of which to be a quorum) to allefs the funis fo amerced on the inhalv.tants ; vhich ul'l-dhcr.t, fo made, fliall be aftlxed in fome public place of inch towndiip, at leaft tlirce diys ijcforc the end of thj fame Scflions, that any of the inhabitants fo aficiTecl, may, if ihcy Ice ciufe, appeal liicrc- from, and that the Juftices may determine thereon the fame SiiVions. n. And belt alCo enabled. That in cafe the aflcflors appointed by t!-.c fulilccv. as arDicfiid, fliall negleft or rctufe to meet and make the faid airclhnent within ten diyi after t!i. ir :'.[ipo;;it\r,cnt, or in cafe the collector or coUci.'^ors, appointed to collect the ian.e, iiej^lc;! their liaty tl.crein ; lie or they fliallbe fub;c6l to a fine of live pounds for the ufcof the poor of fu'.h lownfliip, C a vv.'ucJi For Afls in a- lucnHninient or addi ion to tliis Aci, fl'e ncte on .?d »nd 4th Geo. 3d. cap. 7. Prsaiiibli;. J^il^c.s n.,il ;r IV'. rcf il'r tciwn- iliip, Aiii fii.is ',0 l-t a| p' int' d I y t) .m. K'\^ iT- r. • rt !i! \;k \ ilix- cil 111 'uii.'. I'l-L'.ic Ucfp.flirii nr;. If An'-f^v-rcK- Iti'l t in'.iU- ai'. rM';r<;i.t v. it; in t ii (Invs ftv.1 ii|'. I I'll! n 01- , 01 if Cji'.^.ori M.;{- 202 C. IMII. Anno decimo Ctxto Gfioitoii III. 177« plfl'aTnr o7r7. ^'"^^^ ^=*'^ ^" failure of payment, be levied on comprint of the Ovcrfeers of the Poor, before ycr'ly two of Mis Majcfty's Jufticcs of the Peace< by Warrant of diftreft and fale of the offender's r 'J"(. tx: WiiriatttfiQiotWO Jufticss. goods :ind chattels, and others ihaU by the faid Jufticcs be appointed in their {lead. CAP. II. An ACT In addition to an Ad: made in the Thirteenth Year of j.vcuted. His prefent Majefty's Reign, entitled, an A£t to impower the Pro- vince Treafurer to ilTue other Notes in exchange for fuch Notes as have been iflucd heretofore, in virtue of the feveral Loan A£ls made by the General Aflembly of this Province, and are defaced and worn. ^11 Wll AW accounts of incniits aridnq from any duty, &c. A nti the accounts nf the iduinp of ;ill money which fhali come into the Trcafuiy to he 'aid before the Gencril Af- lonhly Tt c\a- iiKJi.U.on &c. and fiii-h a'1-ir-batioii and :illo\>','.;ice to \k a dil^lvi'-go and bir iyainll uiiy a^.ion. rrcwfo. m t^n' r line i.t i!>e 'inu^'i: and I i I iti'je a Com- I ili.t:e ot' tlis Cju ic.l ind Ifjjviof Afm- bi/, la ths ti ll wjs'c i 1 t.);i iii' k J 1. CAP. III. An ACT for taking, examining, and Hating, the Public Accounts of this Province. BE // ff?.7fhJ by the Lieutenant-Governor, Council and Affemhly^ That all accounts of the receipt of any monies, arifing from any duty or taxes granted and raifed, and that hereafter fljall be granted and raifed by the General Aflembly, for and towards the fupport of Govern- ment or othcrwife, and the accounts of thciffuing and dilpofal of all fuch monies as have or flia'-l come, into the treafury by any \i'ays or means whatfoever, fliall be laid before the General Afl'cmbly at the feveral Seffions held from time to time, for their examination, approbation a:d allowance, in fuch manner as to the General Aflembly (hall be judged proper ; and all fuch appiobitidns and allowances of the General Aflembly heretofore, or that hereafter fliall be [Kifled, (lull be to the feveral Collcdors or Receivers of the Duties, Treafurers, and other per- fons concerned, a full and final difcharge, and be a bar.againft any aftion, which may be brought for any fum or fums of money againftanyof the perfons aforefaid. II. Presided, That all monies arifing by the operations of any Revenue Aft or Afts of this Province, Ihiill be accounted for unto His Majefty in the kingdom of Great-Britain, and to tiie CommJOioncrsof His Majefty's Treafury, or lligh Treafurer for the time being, and audi- ted by the Auditor Gencrril of His Majefty's plantations, or his deputy. \\\. And ivhircas gr:at inconveniences have arifen by perfons having demands^ cr pretend to have demand on this Government, and who do not bring in their accounts for a long time after the fame became due, or wisftiid to become due, and that through length of time, or the death er abfence of perfons, the po[fi:>ll'.iy of dJcfling frauds is prevented, by means of which the Province has been and may be greatly injured ; for remedy ivhercof : Be it cn.uled, Tliat all perfons having claims or demands againft this Government, cither for wo;k done, goods fupplied, or fervices of any kind, which may have become due, or owing to them before t!ic firft d.iy of June inftant, or who may hereafter have any demands as afore- fiid, ftiill biin^ in the fame before the next Seflion of the General Aflembly or within the firft week of the laid Se.Tion, to be examined and audited by a Committee of Council, and of the Iloufe of AiTcmbly, and in like manner all acc(;unt.s of fuch demands, fliall from time to time be br;;ug!u in, clilicr before, or v/itlun the firft week of each Scflion of the General Aflembly iher^jafter. lY. T77'5 Anno deeimofexto GeoroiiIII, C. IV-VIIT. 3kO' IV. Jtul be It al/ocna^edyThat no [uchiccoMntifhzM be adniittcd, or paid by the Treafurcr f'" a«oa"»,*'^ ■' .... '"^ pniu not ixhi- of the Province, where the fame mall not have been brought in, within the tunes limited by bittd wit! in li- this Aft. mitcd tinii.'. CAP. IV. An ACT for altering the Times appointed for holding the Supreme Nctnowinfcvr. Court. - CAP. V. An ACT to repeal an A<^ of the General AfTembly, entitled, an expIkj. A£t in addition to the feveral Adls of this Province, made for regulating the Militia, and more particularly an A€t made in the Second year of His prefent Majefty's reign, entitled, an d for the better regulating the Militia, on adual fervice, in time of War. CAP. VI. An ACT in further addition to, and for continuing an A61 made in the Fifteenth year of His prefent Majefty's reign, entitled, an A6t in further addition to, and amendment of, and for continuing the feveral Ads of the General Aflembly of this Province, therein mentioned, relating to the Duties of Impoft and Excife on Wines, Beer, Rum, and other diftilled Spirituous Liquors. Expired. r Ads of this itain, and to CAP. VII. An ACT, for continuing an Ad, made in the Fifteenth year of His prefent Majefty's reign, entitled, an Ad for granting to His Expiad. Majefty an Excife on MolaiTes, and Brown Sugar, fold within, or brought into, this Province, and for the more effedual impro- ving and extending the Trade of this Colony to the Weft-Indies. CAP. VIII. An ACT for farming the Duties of Impoft and Excife on Beer, Expired. Rum, and other Diftilled Spirituous Liquors, and Wines, Brown Sugar and Molafles, at the feveral Diftrids therein mentioned. CAP. 204 Jxpireet CI. Tliis A(^ pafL-.l with a .iifiJCivl- iri;^ clauff, and 11; 5 M,ije;ly's pli. ifiirc Ii:i3 ne- ver been liguiti- eii. Anno dcclmo feptlmo Georcii llli. CAP. IX.. 1777 An ACT in further amendment of an AQ:, made in the Sixth year of His prcfcnt Majefty's reign, entitled, an Ad: for prcfcribing the Forms of Writs, and the manner of ifl'uing the fame. ■ ■■■■■■■■■■ ■■■ I ■ I IM ■ ■ ■■■ ■■■■ — ' ■■ ■■! » I ■ — ■ ■■III II ■— ^^ll«.— H^iM^^^— — — ^i— fc. CAP. X. An ACT for granting to His Majefly a Duty of Poundage of Eight per Cent, ac/ val remy upon all Commoiities imported into this i rovince, not being the produce of the Britiih Dominions in Europe and .America, Bay Salt, excepted, to be difpofed of by Parliament. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and hoklen at Halifax, on the Sixth Day of June, Anno Domini 1770, in the Tenth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France, and Ireland,, KING, Defender of the Faith, 6cc. and there con- tinued by feveral Prorogations until the Sixth Day of June, Anno Domini 1777, in the Seventeenth Year of His faid Majefty's Reign ; being the Tenth Seffion of the Fifth General AfTembly convened in the faid Province.* • In the time of M.uiot Aibuihcno:, Lieutenjnv.-Governor ; Charles Morris, Piefident of Council; Will'am Nefbitj Speaksr; Richdid Bulkcky, Secrciary of Council ; and ii'a.c Dell-haraps, Clerk of Aifcmbly. Tor Aa-, rnendnv.-nt or ad- ('■iilon to tliis Ait, fee note on ^tli Geo. 3d. cap. i. The Grand Jury to npniina'-e lix pcrluns, cut of CAP. I. in a- An ACT in further addition to an '^d: made in the Fifth year of His prcfcnt Majefty's reign, entitled, an Ad for the Choice of Town Officers and regulating 1 ownfliips. BE it eraflcd by ibc Lieutenant-Governor, Council and AJfcmbly, That the Grand Juries for the fcvcral Counties in this Province, at the Court of General Seflions of the Peace fot PI 1777 Sixth year rcfcribing He. ; of Eight into this linions in )fed of by Vince of on the e Tenth George Ireland^ bre con- :th Day mteenth e Tenth ened in Will'am Kefbitj 1777 Anno dccimo feptlmo Georgii III. c. ii-v: year of Choice of nd Juries for of the Peace for ■ % for each County refpcflively, at the firft Scflions of the Tcace held after the publication of this Aft, and thereafter at the firft Seilion of the faid Court in each year, (hall nominate fix fit pcrfons, out of which the Court fliall appoint three to be AiTcflbrs of all fuch rates and tax- es, as are now payable, or which may hereafter be payable, by any Aft or Afts of the General Affcmbly of this Province, and fourperfons, out of which the Court fliall appoint two, to be coUeftors of all taxes or rates in each townfliip, and four pcrfons, out of which the Court Jhall appoint two, to be Surveyors and Weighers of ILy in each townfliip, who fliall be fworn to the faithful difcharge of their duty, in manner as is prefcribed by the Laws of this Province, and the like proceedings fliall be had relative to fuch AflbiTors, Colleftois, and Surveyors, and Weighersof Hay, fo nominated and appointed, asaredircfted to be oblcrved concerning the feveral Tov/n Officers to be chofen and appointed in purfuancc of the Aft made in the fifth year of His prefcnt Majefty's reign, entitled An Aft for the choice of Town Oflicers, and re- gulating Townfliips, any law, ufagc or cuftom, to the contrary notwithftanding. II. And be it aifo enaflcd. That the Surveyors and Weighers of Hay fliall be paid for their trouble in viewing and weighing of Hay, at the rate of one penny per hundred weight, and four pence per mile, travel, if fuch travel fliall exceed one mils, to be paid by the feller. CAP. II. An ATT for the making perpetual an A61 made in the Eleventh year of His prefent Majefty's reign, entitled, an Acl to avoid the Double Payment of Debts. BE // enured by the Lieutenant-Governor, Coumil and Jfflmbly, That an Aft made in the eleventh year of His prefcnt Majefty's reign, entitled, An Aft to avoid tlio Double Payment of Debts, fliall be, and the fame is hereby made porpctual, any provifo or limitation in the laid Aft notwithftanding. 205 whom the Court toiippoint three, to bu AlTiirurs of aHi.''c' anilljxe.'i iUid iuur ppiTons, of which C')urt to iippuiiit two, Collc.'loiiofux- €3, Hlld four perrons, of which tiiC C'ouvt i!ull,ippointtwiKd by ^ih Ceo. cap, I. A'low.iiicttoSi'r. vcvois.vWtiijh* crs of Way. 1 1. Ceo. 3 cap i Mailc rerpituul. CAP. III. An ACT, In amendment of an \di made in the fccond year of Kis prefent Majefty's reign, entitled, an Ad for the better regulating c'o^d.'''"'"'''* the Militia on adtual fervice in time of War. CAP. IV. An ACT in amendment of the feveral Ads for regulating Juries. R^-e.wbyjfiA" CAP. V. A n ACT in further addition to an Ad, mndc In the Third year o' Ilis prefcnt Majefty's rcitin, entitled, an Acl to cn:u»le l!i: icvcral nuvubiulolpl J ownlhips withni tins Province to mamLam tacn i 001. nootc ; ■. ^d dfaiim of an ACl mndc by the Ccncr^d Afje-'hl; cf this Pr.xinrfUfS ibe *■•'■'• 7- liij.Jl/s ni^n, eniitUd, An Ad in/ur.'/xr utiicndn...:; of, audaJdHionto p^,:i^{.A.:. w ips IIF.REAS in the ibint tenth year of His Mnjjlf. 2o6 c.vi-vni. Anno decimo feptimo Georgii III. 1777 an Ac! maJe in the tlirJ year of Ilh prrfint Miijt/l/s nipt, entitled., An Ad to enable thefivcral townjliips ivith'.n this Province to viainiain their Poor, it is tnailcd, ' That t' ? Ovcrfecrs of the Poor (IiaU for the future account on oath if required, before the General ScfTions of the Peace held next after the expiration of their office, for all monies raifed, and dilbuufcd by them for the fupport of the poor.' JSui no penalty is affixed to be paid by fiich Ovcrfcers as do not account as aforefaid: I. Be itena6ledbythe Lieutenant-Governor, Council and AJfcmbly, That all fuch Ovcrfecrs of the Poor, as have not already accounted before tlie General or Special Seffions of the Peace, and do not, within three months from the publication of tliis Act, account as aforefaid, and all on oFilieii' office fuch Ovcrfccrs as do not for tlic future, within onemontli after fhe expiration of their ofiicc, toiorlcii j .tudi. render an account to the Clerk of the Peace of the County in which they rcfide, to be by him hid before the Juftlccs at their next Scflions, of all monies raifed and difburfcd by them for the fupport of the Poor, fliall, on complaint of the Clerk of the Peace, or of one or more in- habitants, forfeit and pay the fum of live pouftLls each, to be levied, on non-payment thereof, by warrant under the hands and feals of two of His Majefty's Jullices of the Peace, for the ufe of the Poor of the Townlliip for which fuch Ovcrfcers of the Poor were appointed. Smh Overrt'^M 01 the Poor asilo ri)t account with the Scllions with- in «nt' monili at'- ttr the expirati For Alls rcfpeiS- injj tiefp.iir.s, fee noteon^id. Ceo. ad. cap. 14. Any perfon who fhall cut down anv trees or un- dci brufli on tliat f<.Af: of the road le;idingfroni Ha- lifax to Fuit Suckville, next the liiifon, Hull, on convic- tion, pay 4CS. CAP. VI. An ACT in addition to ?n A<3:, entitled, an A£l to prevent Trefpafles. WHEREAS the prefcrvation of the trees and underbrvfh growing on fhe lands lying on the rtad leading to Fort Sackville, between thefaid road and Bedford Bafan, has been found ufcfuland neccfj'ary for the prefervation of the f aid road : 1. Be it enaded, by the Lieutenant-Governor, Council and AJfembly, That if any perfon or perfons fliall cut down or otherwife deftroy any trees or underbrufh growing within thirty feet of the road of the land, that lies between the faid road leading from Halifay to Fort Sackville, on that fide next Bedford Bafon, fliall on proof thereof, by the oath of one credible witnefs, be- fore one of His Majefty's Juftices of the Pe<»ce for the County of Halifax, be convided, fliall forfeit and pay the fum of forty fliillings, to be levied by warrant of diftrcfs on the offender's goods and chattels, which fine fo levied, fhall be applied, one half to the informer, and the other half to ana for ufe of fiid road. CAP. VII. Expired. An ACT for regulating the Price of certain Provifions in the To wn- r p of Halifax. Expired. CAP. VIII. An ACT for reflraining the exorbitant Price of Labour. i:^i; Ci\P. 1777 lie theftvcral of the Poor Peace held lieiii for the fecrs of the Peace, and iiid, and all their ofllcc, o be by him )y them for or more in- lent thereof, ICC, for the tinted. refpafTes. g on the road nd ufcfuland n orperfons ^ feet of the ickville, on witncfs, be- vided, fliall e offender's :r, and the ^777 Anno dccimo feptimo Georoii III. CAP. IX. c. ix-xnii af07 An ACT for more efTe^ually preventing the Defertion of Seamen' and Soldiers from Hia Majefty's Navy and Army in this Pro- vince, CAP. X. An ACT for continuing the feveral Ads relating to the Duty on cpi^^fr Wheel Carriages, within the Peninfula of Halifax. CAP. Zl. An ACT for continuing an A61, made in the Fifteenth year of His prefent Majefty'a reign, entitled, an A61 to impower the ^^^'^ '' Governor, Lieutenant-Governor, or ( ommander in Chief for the Time b ing, to prohibit the Exportation of Gunpowder, Arms, and Ammunition, or Salt-p.tre, or carrying the fame Coaftways. CAP. XII. An ACT for continuing the feveral Ads for raifing a Fund for the ^^^„^^ purpofe of making and repairing Bridges and Roads of Com- munication through the Provincev ur. 5Town- GAP. XIII. An ACT for the more efFedually fecuring Prifoners, committed for ^^^^^^^^ Crimes againft His Majefty and Government, and for the Trial of fuch Offenders. CilP. At :^o3 C. I. Annodecimo o^avo Georcii III. 1778 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth Day of June, Anno Domini, 1770, in the Tenth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France, and Ireland, KING, Defen- der of the Faith, 5cc. and there continued by feveral Prorogations until the Sixth Day of June, Anno Domi- ni 1778, in the Eighteenth Year of His faid Majefty's Reign, being the Eleventh Seffion of the Fifth General Aficmbly convened in the faid Province.* • In tho time of M.iriot Arbuthcnot, Licutennnt-Oovcrnor j Brvan FInucanc, PrcfiJent of Council j William Nofbit, Speaker i Riduici Bulkeley, Secruary of Couacil, and liiuc Uefciumps, ClJeik of Afllnibly. r Jil- rors tiol ;aicad- iiig. CAP. II. mandcr in Chief, to appoint Sheriffs in fuch Counties where it '' ''v ft ,th An ACT to itnpowcr the Governor, Lieutenant-Governor, or Com mandcr in Chief, to apj may be found neccflary. CAP. III. An ACT for the more fpecdy recovery of His Majcfty's Debts within this Province. WHEREAS the manner ofncovering Hi: Majejlfs Dchls hitherto ufed ar.d pradijld, has been attended wiih great inconvenicncCy and ofttntimes "with ths total loji of fuch Debts, through the length of the procefs and othenvife : I. Beit enadcd by the Licutcnan'-Covcrnor, Council and AJitiib/y,Th,xt from and after the publi- cation of this Aft, the Collectors of the public money, in any cafe where they are obliged to give credit according to the laws of the Province, fliall take futh rcoogni nances in the r.aiiie of Our Sovereign Lord the King, to be paid to our fuid Sovereign Lord the King, His Heirs ard SuccclVors, and to his and their ufe only : and the fl'.id obligors fiKill at the fame time give a full and fuflicient power of attwrncy either indorfed on the f.iid recognizance, or ai;ncxcd thc'cto, impowcring fome ore of the Atloinies of the Court to confcfs, that fuch debt menti- oned in the condition of tJie recognizance is juftly duo, and if the obligor or obligors (hall piy and difchargc the money due at, or before the lime fpecilicd in tlie ("aid recognizance, that then it fliall be lawful, and fuch Collector is hereby required, to diicharge fuch rcc(^gnizancc, and the fame fliall become void. II. And be it further enaded. That if fuch recognizances AmU not be paid and fatisficd at the time Qiccificd ami mentioned therein, that then the Collectors or others \si:o are impowtrcd Da to This .V.n rcp'aJ. fit by the \s Oeo. 3d. cu^. I. Preamble. Rrcofrr.izinccs tu be taken for p.'.ymtnt of Du- ties. Obligors to ex". Cii;e a vvanaiit of atlointy, to en- ter iiiijorfiments foi fuch debt. V/'n-n Ht't'cj .1 r-tU ^i. r^-d I-*' 210 t..iiilri.ic r..i .>■;tli- /l.I.:t( to the 'iiCalatcr. Prorcc'^tion for till Lmi. C. IV-V. Annodccitno 0(51avo GEORonin. 1778 E«iMt!on in be I nil-'.! witliiii 6a to take fucfi rcu)r;ni.uncc3 flull forthwitli tnmlhiit tlicni to llie Ticafurcr of the Piovincc by the Ihft r.iH- conveyance. HI. .-/W/.:' //;, and ellate of the debtor ; and ft)r tlie morK fpecdy recovering tlic fame, the laid action may be entered at any time diuing the teru^ in which fucli Court h held, or in any lime durinj^ the vacancy of fkid terms, before \.hc Chief Juiiicc, or in his abl'encc before eith-'r of the oU.-.n- Jnd'^cs of tlie lliiil Court, who (hall thereupon order judgment to be made up isi.flhe lati term, and execution to ill'ut thereon. IV. Jndle llfurlhir cnacLd, In ord.T to prevent any delay of jufticc, That the Provoft Mar- flial or his dei)uty, upon hl.s receiving the writ of execution, Ihall within fixty days from the dale thereof caufe the fame to be duly levied, or othcrwife I'.iall make a legal return thereof into Court, with his doings, thereon, upon pain of anfwering for any failu — ' -'^ able to xX\i. laxvs in fuch cafes made and provided. irc or ncglecl agree- (» CAP. IV. Tcnipori'.nr Ac'.n cap. i«, itiuiic An ACT for tlie making perpetual an Acl, made In the Slxtccntli year of His prcfcnt Majcfly's reign, entitled, an Ad; in addition to, and amendment of, an Acl made in the Third year of His faid Majedy's reign^ entitled, an Acb to prevent Nuilances by Hedges, Wears, and other Incumbrances, obilrudling the pallage of Filh in the rivcry in tliij Province*. BY, it tnaclcJ, l>v the Licutsn.m.'-Gavcrnor, Co:i?>riland J//cmNy, That an Aft made in the ii.xtccnt'ii year (,f Mia pr'jf'-ni^ilajcny'srcigii,entii!cd,x\n Aa in addition to, and amendment of, an Au" nuuij in tlie third year of Ih";i prefent Majelty's reign, entitled, An Ac^ to prevent NLiinuicc«, iiy Hedges, Wears, and other Incumbranre*, obi,* I. Jlir,g tuc pafl'agc of I'ifh in the Rivers in this Province, lh?.I! be. and th:. fame is hereby made perpetual, any provUb or limitaUon in the fiid Aci r.ctv.ilhli.;iiding. For Ai'ts in a- n^tndinnitor ih!- d<<-i.m to 'J-iif A'\ ll" Sill tkM. ;,d a- 'i .(o'.h Gio. Pti'.r.llv for nio- r.(; i.':'/!.;^; cuul CAP. V. An ACT to prevent the Forcdulllng, Regrating and Monopolizing, of Cord Wood, in the Town of Halifax. E it trhiclvJ by the Liaucnant Governor, Cc unci! aiui Afcmlly, That from and after the publi- cation of this Act, whatfoever pcifon or peri()nb I'lall buy, or caufe to be Ifught, any cord wood coming by land or water to tlie town of Halifax, to be fold again, c.\eept at the diilance of ten UiiL;;. from Halifax, or Ir.all make any bargdn, contracl, or pron.iie, or fliall make any oH'jr in any v.'ay or manner wliatfocver, to any pcrfcn or perfonsfor tlie Ir.iving or buying the fame, or any part thereof, for the enhancing the pric,;, or dearer felling any kind, of cord wood coming by land or water, to Halifax aforefaid, fhall forfeit a\k\ pay for every ccrd of wood fo bo'.K.'jlu or received ten (hillings per cord, over and above the jnico lii given , or paid, upon cor.\i<,';ion before tv.-o of His Majcity's Juiiiceu of the Peace, and be levied (in cafe of refufal of payment) by warrant of difirefa and f.de of tlie cnei;der's gocds ar.d chat- tdi, ar.d be ap^licJ I jwar Js the fupport of the poor of the faid tuwi:lhlp. IJ, •1778 Anno Jccinio oclavo Georcm IIT. C.VI. 21 1 II. P.'flW^/w.'Ttr/V/f/J, 'l'l\at wlien t!ic price «5f cord w()««l flull Ik m llic iMte offi^Uon ti itT', vlunut flilliiups per conl or uiuU-r, any per tun or pcrl'ons (h;ill ami in.iy Leal liLvily t ipurtlulc ct.rd ■* '"' ""'■'■ wuud to fell again, witliout incurring!; tlic penalties ol tlvij A(^h III. Afiii fnti/cfJ ii/f^, Tint nothing in tliii Act eonlaincd (h.ill cxtond to pn-vint llic U.ir rack Maftcr or jKilonj eniploycJby luni Sioin.purciiaruii^ccril wood f'o. the uIj o"-' llii M.i. jofly's troops. tf.o r'.'iriv.i' i»| CAP. VI. An ACT to nmciid, ren;lcr more cflcclunl, r.nd reduce into one Af!^, the fcverai A6ls made by tlic General Ailcmbly of this Provinec, concerning TjaiJ. I) F, it cniiikJy by the UsvUy\ant Cci:i!::r^ Cctirdl and Affer:LJy, VivM in ;^11 cufcH where \\:c j^ luin i;i den:aiul (liall exceed thrcr priind>, the rrovoil R'i;ulIi3!,Mr SlieiilV, or liis Deputy , may arrell, imprilun or liold to bull, *iiy dahlor or dclitors, or attach tl'.c goods, chattels or cflatc ot Tuih debtor or debtors,. up<.u the p'.aiUilVin fuch actions, his attorney or afjent, nii;k- ii'C^ and fnbfcrilvn;.;an allidaviiin vriiing Ik- fore a JudiT'' of tin- C'ourt froinv hence (u»fi vrit ihall illuc, t)r in iheubicr.ect Hacli jiidpjes, before any one of I iii MijtUy'j JuRlccs of the Peace, that the defendant is iulily ii'.deljird to the plainliiTin any fuin c;:cecd'.r,g three pound'., which aflidavit fljall be filed in the ofiiceifthe Clerk of th.c C.curt, from whence the wiit :niall illuc, and tiie fum fpeeilicd in fueh afada\Il fiall be ir.dorf.d on tlie bad: of tl-.e fdd wiit in the form follov inj;-, by oath for (in words at lcn{i;th) ivr which fum fo inf the Court, or give bail to the fui; faelion of the plaintiH, and approbation of the Court, to abide by the fii.al illuc and dcterniinati.n of the {i.it, or if 'A\c vlefei.d.uit iVin: f;:rr:c in:; tdi- jr.cnt FCr f.^^y 'n «. runilmnto' •■>■'• •'rum I > tl.is \i'f tjc). jd. wp. >. Canrirswlifrcife. ai' ■hT'fit to he Pi 'e if n[0il(t!, npf^n p'lintfT n).ik;n,j; alT: I ivit t>''.'.cl',;r,ii ,.t(irf. If'p'innl^TI.-nb. m.iv (iV Ills Vpon Iwil bc'nc ant to J.; .ttla^jji;. T)l'I,'^.|.ii! not ;'.pi)i';irMi?, toijvc b:i'' tu a'.'i.lo ilie fr'll tV'.-nr (it irm tuir, jii'iy.nv.Tii 'o [•■.•i.'U':TC.!.:"iir!l him by ■.'.iT.atlt, i'i ' ! b.iil \r.y.vX 0.1 n(''n:'i;r-s j;mii(» )j->^ci;!! K.il, hW bj.id cU.l...f_c,l. Ha 2.12. C. VII-XI. Anno decimo odlavo Georoii III. 1778 ment (hall not app'..ir, but nevcrthelefs two fufficient perfons to be approved of by the plaintiff and Court fliall offer to become and give bail in manner aforefaid, in fuch cafe tiic bail for appearance only, (hall be difcharged, and fuch defendant or defendants fliall be entitled to all- the privileges of law, and in no other cafe whatfoever, unlcfs confcnted to and agreed upon ia open Court between the phintiif and defendant, or their Attornies in their behalf. Espiredi E'xplrcd. Expirtd. Expired. £xL'in.-i. CAP. vir. An ACT in further addition to, and amendment of, and for con- tinuing the feveral Ads of the General Affembly of this Province, therein mentioned, relating to the Duties of Impoft and £xcife oit Wines, Beer, Rum, and other diililled Spirituous Liquors. CAP. VIII, An ACT for continuing feveral A£lis that are near expiring. CAP. IX, An ACT in further amendment of, and addition to, the feveral Laws relating to the Duty on Licenfed Houfes.^ CAP. X, An ACT for farming the Duties of Impoft and Excife on Beer, Rum, and other diftilled Spirituous Liqucrs, and Wines, Brown Sugar, and Molaffes, at the feveral Diftridls therein mentioned. CAP. XI. An ACT in amendment of, and for continuing an Ad, made in the Fifteenth year of His prefent Majefty's reign, entitled, an Ad for granting to His Majefty an Excife on Molafl^s, and Brown Sugar, fold within, or brought into, this Province, and for the more effedlual improving and extending the Trade of lUis Colony to the Well-Indies. . nil , CAP. i^n Anno decimo nono Georoii III. GAPr XII. C. MI. 213 An ACT for reducing the Terms of holding the Supreme Court of J^I'lhi^fahcS Judicature, and the Inferior Court of Common Pleas in the Coun- ^dcup. 3. ty of Halifax* At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth Day of June, Anno Domini, 1770, in the Tenth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France,, and Ireland, KING, Defen- der of the Faith, 6cc. and there continued by feveral Prorogations until the Seventh Day of Jane, Anno Do- mini 1 779, in the Nineteenth Year of His faid Majefty's Reign, being the Twelfth Seflion of the Fifth General Aflembly convened in the faid Province* * In *he time of Sir Richard Hughes, IBirt. Lieutenant-Governor ; Rrv:in Finucanc, Chief Juftice, and Picfident of Council; Willhun Nelbit, Speaker j Ricliard Bulkeley, Secreui y of Counci), and ifaac Defclumps, Ckrk of Aflembly. m CAP. I. An ACT to impower the Province Treafurer to borrow a fuin not exceeding Five Thoufand Pounds, for the purpofc of purchaiing, fitting and fupporting, armed Veflels for the protection of the Coafl of this Province. This A>a execu- ted. CAP. II. An ACT to prevent the fpreading of Diftempcrs among Horfes and il'i[cn!'t3«'' Cattle in this Province. ii'Trt^^'.^d! cap. 6. WHEREAS ^«rt/ damage and inconvenience may nrifc by the going at large of horfes, mares, o'' „. ., geldings ^ mid cattle f whuh are infeclsd with difeufss liable iti U iO.nn.wutatcdte other horf' kind or cattle : I. ai4 C. IIMV. Anno decimo noao Gaonoii ITI. T779 Juftias in Seffi- Oiis (hull nii'k" rfjiuliiiions f,ir tilt previ-'niin;:; thfgoinir.itb.-ge of int'c'tC'l lior- fee x..d ca.di.. anvperfofi tranf- f^afiliig fuch ic- pi:l,iii;>ii tu tyr. ieit lol. I. Be- it cna^cd by the LkutcnanuGcvcrncr, Cotmci! and Affembh^ That the Juftlccs of tlie Peicc in CHch County or'i o\vnfhip,impowcrcd lo hold ScfTioiis of the Peace, flnll have po\vcr,and they are hereby directed, to make •.eguiitioustorthcprcvenlinjrthe going it large oi infe6l;cd hc.rlfe, niares,gcldings,andcatlle,and the fprcadingof diikirpers among them, in manneras fliall beniofl agreeable to the circumftanccs of fucii County, or the Townlliips therein, and any perfon who Ihaji tranf^jjrefs fuch regulations fo made, fhall befubjcct to a fine not exceeding ten pounds, to be rccovcied on complaint or irformation before any two of liis Majefty's Jufticesof the Peace for the County, whc:rein tlie ofjcuct- fuall be ccMiimittcd, or before ti.e Jufticca In th.e Scfiions held for fuch C'ounty or 'i'ownfhip, and be levied, on non-payment thereof, by warrant of diareli and falc of tl?e offender'; ^t>ods and chattels, and applied for thd .Townfliip wherein the cfijuct: Hull be committed. Tar A^^rc^|le(S- ,illgl^i•!esk■ell■Jte on lil Geo. jd, CHp. 12. ?rearable. Sesrclicrs jnd Seiilers or' Lo.-.th- cr to view hid.-s ofc;Uilo, calves, ov ih'X'p, and it gaihcci, Jkc. an ailmvanre to be niadelntiiepiici;. I'erfons ft llirt; hidi'S, bctiirc vic.vLdjluife'.tzl. Recovery and ap- pliiMtion. Se.ircliers and Scalers to he paid 4or their trouble. CAP. III. An ACT to regulate abufcs in the flile of Hides and Slcins. WHEREAS mtwUhJlanding the penalties to be injured hy the lazvs of this Province, en Butchers, or other pcrfctts, %vhoJhail giyl\ cui,fpht nrjlaia, the hides of cattle, c>i!f or jhecp, in fui'/u-.g thereof, cr othcricife, great abufes are daily committed to the great injury of the public : I. Be it enacled bj the Lieutenant-Governor, Coinicil a7id Afjcmbly, That the pcrfons appointed Searchers and Sealers of Leather, flull view every hide or Ikiii of any cattle, calves or Ihccp, ei- ther in the ilaughter-houfe or at the tanners, before the iame (hall be delivered on falc, and if he ihall find the fame to be gaOicd, cut, fplit or Hawed, thereiliall be an allowance made \\\ the price thereof to the buyer, as fhall appear to the faid Searchers and Sealers of Leatlier to hz juft and equitable.; and any butcher, or other perfon, who iliail not call on the faid Searchers and Scalers of Leather to view fuch hides or Ikins before fuch fale, fliall forfeit and pay a fine of twenty {lilliings, for every fuch hide or Ikin not expofed to view as aforcfaid, to he recovered before any one of His Majelly's Juftices of the Peace, and be levied by warrant of diftrefs and flic of the offender's goods and chattels ; one half thereof to be paid to the informer, or perfon fulng for the fame, and the other half to the poor of the place vt^hcre the olTence fliall be com- mitted. H. And he it alfii enaded. That the faid Searchers and Scalers of Leather (hali be paid for t"I >• trouble in viewing the faid hides and tKins, that is to fay, for every ox, bull, flixr or cow,liide, three pence, and for every calf or Iheep fltin one penny, and three pence per mile travel, to be paid by the feller. Tliis Aft not .r.oiv in torco. CAP. IV. An ACT for altering the Times appointed for holding the Supreme Court, in King's County, and the County of /innapolis, in the Spring Circuit. CAP- m^- Anno declmo nono Georgii HI* CAP. V. C V-VII. 215 An ACT for providing Pounds in the feveral TowniliipG in this Province. ..it ii. adili- tion to tlii: Aft fse 40th Geo. J'l. cap. 7. WHERE /aS the manner of raifing mmey for the creeling Pounds In tbefeveral To-wnfnps in this Province, by the Aif, made in the Fiflh year of His pnfcnt Majtjifs reign, entitled. An Act Preamblo. for the raiiing Money by i^cfcntment on the fcvcral Counties in this Province, for the de- i'raying certain County Charges therein mentioned, is found inctnvenient : I. Be it entitled by the Lieutcnant-Go'oernor, Council and Alfcnhly, That the account of cxpcnces for crectin;;^ a pound, or pouiiax. in any toNVTidilp, (Iiall, before payment, be approved by two Juflices of 'he Peace, rellding in the townQiip where Inch pound, or pounds, fhall be creeled, or by two Julliccb of :!ic Peace ia the County \\ herein fuch Townlhip fhall lie, and the coft thereof fhall be levied on tlie inhabitanl3 of fucli Townlhip by aflcirment, in manner asii pro- vided for levying the monies voted for fupport of the poor, and recovered accordingly. Expence of e- rce, en Butchers, CAP. VI.. An ACT for the eftablifliing a pubHc Market for the Sale of Uve Stock within tlie Town of Hahfax. CAP. VII. in torcc, rlu. -i!-'- milfs li.:vlr,g b^cii fold piii TiK ant t.i, an Afl for th.it puvpclc. An ACT to impowcr the Judiccs of the Peace in their SefTions to make Regulations for preventing the eland elline conveying away Ks^r/iimrfh^^^^^^^ bheep and Lambs from the Tcwnlhips in this Province. wpll!"^''""'^''" W MERE AS Butchers, Droves, ar.dolkr', r^bo buyjh.rp andhimbs in the country, do frequently P"-'anibte. in a clandcjiine mtmner, drive !K:\>y other Jhtccp andla:nbs, the property of the inhabitants, from ihc commons and plr.ees u-here they run at large, by which mean.! it /r not in the poicer of the oijners t» dftCi} them, for remedy '-u-bcreif: I. Be it enabled by the Li^ufenant-Gevernor, Council and J/pmbly,'l'\\i\t the Juflices of the Peace cknclif'inr; di. in each county or townddp ininowcrcd 10 iiold Scfiions of th.n Peace, (hall he in;;x)\vercd in ^'"S f'^-'V '|>'^fp ..,-,,,-. ,• i- • 1 1 1 1 1 !• o 1 1 1' • r 1 ''"'■' '•inc'? from trtcir ociiions ;v. ::rc>'"c(Hid, and they arc hereby uiredca, to made regulations mr the prevent- tlief<;vtr.ilt>un- 'iij: the clandcfunc drivincr or carryinr away fiiecp and lambs from the fcveral townlhins in "'''"'" }^-"'''' J'"^"* fuch counties. In manner as ihall be lao'l agreeable to the cir:unillances of liich county cz townlliips ths,T^in,and any perfon wlio fli.i'il tranf^rcfs fu.h rcg\i!ations fu made by tli'- Juf- ticcs, Ihail forfeit and pay a fmc not cxcced.ing five pound-, to be recovered (Jii complaint or Information before any tv.-o of ilis ?.l,;iertv's luuiccs of the Peace for the county wherein tlie J' '"Uref^;'" • . , , . , to'JM.' ;l. tor oJIence (ha!l be committed, or belrnv lIi .• ScHions in Inch C(r.ir.ty or Townlhip, an i be uic otihi p>;.-r. levied by warrant of diitrefs on tlie oif.:r.der's goods and cliaitels, and api.licd to the ufe of tlic poor of the townlhip where theuilcnce Hull be connniilcd. cap; ai6 c. vni-x. Anno dectnto Aona Oconan HI* «779 For Afls in a- piondmciit orad- ditiiin (o tliis Ai?t, fre note on jit Ceo. ^d. t^p, <4> •Pre,in;ljle. Oamagesbv lay- ing out high- ways, how afcer- If 5urTtyors not to :k-;rr(iads or ftroets without Conie^ntofatlciiA tints Jjiliccs. CAP. VI n. An ACT t© explain, amend, and render more effe6lual, the fevcral Lav/s cf this Province, for repairing and mending Highways, Roads, Bridges and Streets. WHEREAS l/y ibe third JccTwn of an ASl made in the fifth year of Hisprefent Majejly's reign^ entitled, An Ail in addition to an Act made in the firji year of His Maje/iy's reign, entitled^ An A SI for repairing and mending liiglnuays. Roads, Bridges and Streets, and for appointing Surveyors 6f Highways within ihefcverol tcwnjlzips in this Province, it is enured, * That in cafe damage fliall ;be done to any perfon in his land or property, -by tlic laying out particular and private ways, recompcncc iliall be .made by the town, as the Surveyors of the highways, and the parties in- tereftcd, may agree, or as fliall be ordered by rhe Jullices in Seflions, upon enquiry into the fame by a Jury to be fummoned for that purpofe. And whereas in cafes where the Surveyor' of highways and parties have not agreed relating to the damages filtered, mijiakes have happened infuni' moning thefaid yury out of the town where fuch ways are laid out : I. Be it enabled by the Lieutenant-Governor, Couneit and Affcmbly, That in all cafes, where, ei- ther private or public highways fliall be laid out and any difputc (hall arife between the parties concerned, ai>d tjhe Surveyors of the highways, for the town where the fame Ihall be laid out, or propofed to be laid out, rejixting to the damage fuffered, or likely to be fufFered by fuch parties, the fame fliall be determined by a Jury to bo ordered by the Juftices out of the next towns, who fhall be fworn impartially to determine the fame. And whereas the Surveyors of the highways do often take upon themfelves, to alter roads, and the determinaticn of the place or part of the town where the repair: ofthefireets or highways fltall be made, tt the great injury of fuch town in general ; II. Be it enailed. That the Surveyors of highways diall not alter any roads or ftrcets already laid out, nor make any repairs to the ftreets or highways in any town or townihip, but by the advice and confent of at lead three Juftices of ^\\e Peace. !(•;•'•■ Si TJiis Aft repeal- For Afls in a- niendmcntorad- dition to this Aft fee note on 3 id (Ceo. jd. cap. 3. CAP IX, An ACT in fu-ther addition to, and amendment of an A£l made in the Eleventh year of His prefent Majefty's reign, entitled, an AdV, for altering, and amending an Ad, made in the Thirty-fccond year of His late Majefty's Reign, entitled, an Ad relating to the aflize of Bread, and for afcertaining the ftandard of Weights and Meafures, CAP. X. An ACT in amendment of an Ad, made in the Thirty-fccond year of His late Majefty's reign, entitled, an Ad direding ^ the Pro- -ceedings agaijift Forcible Entry and Detainer. WHEREAS numy inconveniences and difficulties do frequently arife to landlords for want ofn fpccdy remedy to get poffcjfion of their bmfes, lands and tcncnici.ts, afterthe £Ki.ira:i(,n of tlx fenau vf tenants^ who objlinaicly bold over .; L I'ii.! 1779 Anno decimo nono Georgii HI. C. XI-XIIL I. Be it enabled by the Lieutenant-Governtr, Council and Ajembfyf That xxponcom^hint on oath made before any two Juftices of the Peace, of any wrongful or unlawful holding over of any tenant, after the expiration of his term of any houfcs, lands, or tenements, or other poflbdions where fuch Juftices refide, after poflbfiion demanded, and warning, having been given tofuch tenant in manner as is hereafter mentioned, to rcmovcyit Ihall and may be lawful for fuch Juftices, by warrant, to caufc fuch tenant or tenants, or other pcrfon in poflcftlon, to-be arrcll- cd, and detained in cuftody, until he, flje, or they find fuflicrent fecurity for perfonal ap- pearance at the next Supreme Court, there to anfwcr fuch complaint. n. j^nd be it alfo enaded. That the faid Supreme Court fliall have power and'authority \& enfjuire by credible proof into the caufeof fiiid complaint, and if it fliall be found by a Jury, then and there fworn to try the fame, that a wrongful and illegal detainer and withholding of fuch houfcs, lands and tenements, has been mule after demand and notice as aforefaid, then tlie faid Supreme Court, by wntoi habere fcictas pojpjjicnem, fliall caufe the faid houfcs, lands and tenements, to be re-feized, and the party complaining to be again put into pofl'efllon with- in ten days afterfuch trial had, and more over the party grieved, ftialf, and by action of trefpafs on the cafe, recover treble rent,and cofts offuit, againft the defendant or defendants, any law, ufuge or cuftom, to the contrary notwithftanding* HI. And be it alfo further cna8cd. That when any houfe or tenement fhall be let by the year, three months warning fliall be given, and wlien by the month, one month's warning, and when by the week, one week's warning fliall be gi\Tn to the tenant in poflcflion. 217. Mode of proceed- ing againft an il- legal dcuiner. T) 2 Supreme Court to enquire into the cat.fe of detention ; and, il'illet^al, to re- pofleistlicowuer of his propevty, and party griev- ed muy recover trebli rciit and cofts. W:irning to the 'ieauat* CAP. xr. An ACT for laying a Tax upon Lands, Tenements and Heredita- Expired, mcnts, in the Province, for a certain limited time. CAP. XII^ An ACT for laying an additional Duty on the Tonnage of Veflels Expired. coming into the Harbour of Halifax. CAP. XIII. An ACT for regulating Carriers, and Owners of Waggons, Carts, . and Trucks, employed for hire, on the Roads between Halifax, * and the 1 ownfliips of Windfor, Truro, Onflow and Londonderry. Ea. CAP. 2l8 Expired. C. XIV-XVII. Anno decimo nono Georgh III. «779 CAP. XIV. An ACT to obviate doubts which have arifen in regard to the payment of the Duties of Impoft and Excife on Rum, and other Spirituous Liquors. «» CAP. XT. Expired. An ACT for laying a Duty on Goods and Merchandize, Land* and Tenements, fold at Pubhc Audion. CAP XVI. ^wired. All ACT for laying an additional Duty of Excife on Wines, Rum^ and other diftilled Spirituous Liquors. -CAP. xvn. Expired. An ACT for the more effedlual fecuring all the Goods, Chattels, Lands and Tenements, belonging to fuch Perfons who have de- ferted this Province, to join His Majelly's Rebellious Subjedls in the other Colonies. « 779 tySo Anno vicefimo Georgii III. C. MI. 219 rd to the and other ic. Lands ics, Rum, Chattels, have de- ubjeds in At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth day of June, Anno Domini 1770, in the Tenth year of the reign of Our Sovereign Lord George the I'hird, of Great-Britain, France and Ireland, KING, Defender of the Faith, &c. and there continued by feve- ral Prorogations until tlie Ninth Day of October, Anno Domini 1780, and in the Twentieth Year of His faid Majefly's Reign, being the Thirteenth Seflion of the Filth General Aflembly convened in the faid Province.* • III the t'me nFSir Richard Uui^lics, B\n. Licutcnnnt Govciror ; Bry.in Fin'icanc, Chief JuP.ice, andPrefiHcr.t of Council j. ■?« iliiiun Istlbit, Speaker ; Kieliaid BuHk'-ley, Sccrtuuy ct Council ; and Illiac Dcfchamps, Clcik of Aflembly. CAP. I. An ACT for reducing tlic 1 erms of holding the Supreme Court of Judicature, and the inferior Court of Common Picas at Halifax. W MERE AS the hcldiiig of the Supreme Court rf Judicaturs- and the Inferior Court nf Common Pleas at Halfis^four times a sear, is found to tie irry inconvenient to the in habit ants, by the attendances rcjuired fr grand and petit Jurors : I. Be it cnaiied Iry the Lieutenant-Governor , Council and Afflmbly, That f r the future the Supreme Court Ihall be held at Halifax, three times in each year, that is to fay, on the firft Tuciclay of the monih of Apiil, the fecond Tuciday of the month of July, and the fccond TuelUay of. the month of (Jdobcr. [P;irt of the firft. with the fccond nnd third fcfticns of this Aifl, are not printed, they being unneceflary, as A'l 36ih Geo. jd. eftabiiihes the four Terms of both Courts.] CAP. II. An ACT, for blie more fpecdy and effedual collecling fuch Town Rates and 1 axes as may be aiieffed on the Inhabitants of the Townfiiip of Halifax. W\\Y.VJ:.t\S the method hitherto prnilifed in eolk^ing taxes and rates for the fupport of the poor, _ ,, and other tozvn rates and taxes at Halifax, has hem found in/uj/icient for tha' purpofe : 1. j6V/7 enured by the LiirU.'ena;:l-C:,irrr.ir, Council and /J/imldy, 'i'hat from and after the pub- licatioa Tl)iiAft,withtli(r A(5l vi the 36ih Geo. . id. c;\p. •;, arc the Ai5ts by which tie lilting O'f the Suprcnis and Irlerior Courts .Tre now held, ;ird the tliiits of holding the Quarter Stiii- ons which are held on thefurne d.iy,!, that ilic In- ferior Court fitr, Eie regulated by .und. Geo. and. cap. a;. TimesofhiMinf; tlie Siiprcirc and luknor Courts ri 220 Juftices in Oene r^l or Special Sellions to ap- point annually a Coiicilor of rates and taxts tor tlio towndiipofllali- fax. Siiiil CoIlL\1or to account eveiy moiuh. C. IIMV. Annoviccfimo Georgii III. J 780 Allowance for collccliiig. Preamble, Allowance (ore- rc'ctinfjiibuiKlinj^ in llalitiis tor a School. Rum allowed to tl'.i; nvifter, and for affiftance. Appointment of Truftef?, and their di.ty. SaiJTruftees to b? acrountableto the Lcgillature. Examination, lication nf this A6t, it (lull and may be lawful for the Juftices in their General or Special SefTi- ons of the Peace, annually, to appoint a fit pcrlbn to collect all town taxes or rates, which (lull beaffdlcd on the inhabitants of the townfliip of Halifax, which pcrfon (lull give fuJlicicnt fecurity for the faithful difcharge of his oftice. II. Jnci be it alfo tnaflccl. That the ColIeClor appointed as aforefaid, fliall once in every month account with and pay into the hands of fuch pcrfon or pcrfons appointed to receive the fame for tlic time being, all fuch I'ums of money he may have received, and in call- of Jiisncglcdor rcfufal to account and pay the (iime asaforefaid, fuch Collector flial laud may be prolccuted, by ImII, pl.ilntor information, in any of Ills Majcfty's Courts of Uccord. III. And he it ena.'ld. Thai the Coliccfcr appointed as afovcfaid fliall be allowed ten poumlis per cent, for collecting and paying, in the rates .uul t;ixcs as aforcfiid. CAP. 111. An ACT for the cflablifliinga public Scliool in the Town of Hahfax. WMKREAS every piblic attention to the cducjiion ofvnuth is of the utiv.rjl importance in fo(ict\\ and whcrciis it is imprafjicabk to procure a pcrpAi fuljicicn'dy qiuiUfied for that p:irp'jfc, luith- Out Vhiki'ir^ a handfome and liberal provijionfu- his eafjfiippi:rt and mjintt notice : !• Be it enaffiil by the Lieutenant-Governor, Council and Affembly, That a fum not exceed- ing fih':en hundred pounds, be granted for the purpofe of erecting a proper and convenient building in the town of Halifax, for keeping a public Scho(>l, whicli ium iliall be railed in manner hereafter to be directed by the General AOcmbly. II. >^//f//v// ^;/)2)e:/wt7cv/, That a fum not exceeding one hundred pounds be annually grant- cd in the eftimate for the expences of government for the fupport of a School-maftcr, and V hen the number of fcholars fliall exceed forty, that a further allowai.ce of fifty pounds, yearly bi' included in thefaid efrimatc fcr the aflKiance of tiic faid maftcrin the fupport of an uihcr, which the faid mafter fhall in that cafe provide, III. And be it further cna^ed, 'Th:it there fhall be annually appointed by tlic Governor, Lieu- tenant-Governor, or Con:mander in Chief of the Province, live reputable perfons as truftccs and directors of the (liid fchool, one of which to be prefident, who are hereby impowered to make bye-laws and regulations for the f,nd fchool, and who Ihall be incorporated for that pur- pofe, to be enabled to fuc and be iued, to hold grants of lands, and to receive donations for the endowment thereof. IV. And be it alfo further cna^ed, lliat the faid truftces and direftors fliall be from time to time accountable to the Legiflature of the Province fur their conduct, and management of the property fo to bevelled in them. V. And /r,'/ m?<7('(/, That the faid prefident and directors fliall hold a public visitation and examination at faid fchool twice every year, to wit, on the lirll Monday of May, and the full: Monday of Ottolicr annually. ,ii ' JE\pi!cd. CAP. IV. An ACT in amendment of, and for continuing an A 61 made in the Nineteenth year of His prefcnt Majefty's reign, entitled, an Adl for rcgiilatiiTg Carriers, and Owners of Waggons, Carts and Trucks, empioyed for hire, on the Roads between Halifax and the Townfliips G^ Windfor, Truro, Onflow and Londonderry. CAP, 1780 Anno vicefimo GeorciiHI. CAP. V. C. V-XI, 32t An ACT in further amendment of, and for continuing the feve-Expirea. Laws relating to the Duty on Licenfed HouLs, CAP. VI. An ACT for continuing the fcveral Ads of the General Aflembly of this Provinccj therein mentioned, relating to the Duties of Im- Expired. port and Excifc on Wines, Beer, Rum, and other diltilled Spiri- tuous Liquors. CAP. VII. An ACT for continuing the fcveral A els of the General Aflembly of this Province, therein mentioned, relating to the Excife on ''^" ' MolalVes, and Brown Sugar, fold within, or brought into, this Province, and for the more effedlual improving and extending the Trade of this Colony to the Weft-Indies. CAP. VIII. An ACT for continuing the feveral Laws relating to the Duty on Wheel Carriages within the Pcninfula of Halifax. Expire! Expired. CAP. IX. An ACT for laying an additional Duty of Excife, on Wines, Rum, and other diftilled Spirituous Liquors. -■■-■■ ^.-. CAP. X. An ACT in amendment of an Acl made in tlie Nineteenth year of His prefent Majefty's reign, entitled, an Ad: for the more eiFec- ^^^'"'^• tual fecuring all the Goods, Chattels, Lands and Tenements, be- longing to fuch Perfons who have deferted this Province, to join His Majefty's Rebellious Subjedts in the other Colonies. CAP. XI. An ACT for limiting the duration of the General AfTemblies in this ptwroTedof r, • °y His Majeftv, rrovmce. 223 c. i-ir* Anno vlccfimo primo Georgii III. 1781 At tlie GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holdcn at Halifax, on the Sixth Day of June, Anno Domini, 1770, in the I'cnth Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France, and Ireland, KING, Defen- der of the Faith, 6cc. and there continued by feveral Prorogations until the Eleventh Day of June, Anno Do- mini 1 78 1 , in the Twenty-liril Year of His faid'Ma jelly's Reign, being the Fourteenth Sefilon of thcFifthGcneral Aflembly convened in the faid Province.'^' * In the time ofSir Jlicli.iril Hughe, '.B.irt. Lieiilenant-Oovcuior ; Brvin l';ii'.icar.e, Ci'.icf Juliicr, nr> t rtefiJcat ol CouiicUi HffiUuiu Nclbit, Sp«.ikt! ; Uichaid Br,iln.lcy, Sccri-iaiy orCuuxil, and Uli.iJ I>-;ii;li.ii»i,)3, Clcik. ut' AilcmWy. m CAP. I. TOs Aft repeal. All ACT, 111 nddltlon to an Ad iiiLidc in tlic Second year of His »(^, y 351 eo. pi-efent Majclly's reign, cntiticd, an Ad for the better regulating the Militia on acl:iial iervicc in Time of War. 4 : ■ 1 M Ficaniblei ThetrarTcriptor cciin' (it liny vote or pioricilinjs oKliis Mi'jdly's CounCrl ul.itip^; t(i '.tic; to lard'., \.o\k admitted as evidence. ThcCl'.-.k of the Ci:u';iil iDgivo coi.'iiS 'A iLcTi pjoci-ccli.'.ii;* CAP. II. An ACT t'o cflablifli authenticated Copier, of the Records of Coun- cil as legal Evidence. W lll'.RE AS many titk's to land depend on voia of His MojiJIy^s Ccuncil, and mavy other prc- cci.diy.gs in Cuiniril, Iccare oftentimes yxeccjjhry evidence injhits at law ; (ii:d ivhireas duubts vuiy arifc iruitii-e to the aduii/JubHity cjfiub eridmec, end tl.L /reducing the ori-^iuul reecrds in Court is attended v,'ith great inccnvinience ; in order therefore to remedy the fune : I. Be it cKiiikd, by the Lieutenant-Governor, Council and y!j]tmbly. That hereafter the tranfcript cr copy of any vote or proceedings of His M.ijclty's Council, relating to titles of lands, attt'flcd as a tiiic copy, and ligncd by the C^lcrk of tlie Cour.cil, lliall be admitted and received as Ifgal evidence in any caufc depending in any of His Majefty's Court;! within this I'rovince ; and the Clerk of the Council is hereby required and directed, upon the application of any of the parties at variance, or their Attorney, to give an exact copy of all fuch proceed- ing'^, alteficd and figncd by hiin, and that there Ihall be paid for the fair.e, for every fcarch, one flililing lary olbcr pro- I781 Anno vlccffmo pvin\d Ceorgii I!f. c. i;mV. 2 2J fliill!n'r,f(ircvcryniitiicntic copy, rip;Tir(n'y Kim, fix (liillingsnrflcljht pcrco.ifutukror.ohunclrod jjj r^,ri!,_/;,-5 words, and for every liuiulrecl words in»irc,nt the rate (jtOnofliillin^; for every one hnndrCil words, CAW ]I1. An ACT in fiirtlicr addition to an Acl, mncic in llic Thlrty-rDurth year of His late Uajcily's Reign, entitled, an Ac^ for appointing Commillioners of Sewers. Wlir'RF./\S m,^ny pcrp.ns mr f^ivaf Jh/fl rers h tb: rutl'ir^ nf/'ci's crf'JiUf.r to: t>if)/.ii{^ cf dyla, and ethers ure al/i. /'i/Jlrrrj i>y il:: icij/hifi^ away of (C'Jt Icra'jlc picds ff wi'Jh-lai.d, iilich urrcaUjttc! to ilKin ,!s [mrt if their jhjrCs i'l tr.ifls cfninjh Ltiui, divLLii vc!iv::n thau and other pro- prittors, in the toicnJJjips in this Prroincc, oiling to the dyWs h:t.-ili tof-crrc the uhil- nr.ci iicd infiid vmr/'h hind, and t '.\it it is reiif/'Li.'.': /'■>:'!' co-npenfiii-jn Jbjuld b: ,■;;.' ':f^rf •(:'.< kff: fi-, h::nrJ : 1. !>.: it enthld h-; the 'j.\:,in: rnt-Ccz\'rfvr, Ccmcii ai.l Aijjnh'.y, 'li.r.t \,!K'n»t (l\all tippenr tlntlhc Tods or iS\\ (IiaU li;ivc \)ii\\ cut oil" t!i ■ ir.vl or wwj projjrijt.ir, in ,ii',y Iimc'I ofr.iiirfii Liiul dyked in amimou with c^^licr prnpiielors, tor tlu purpoil: i^f tlyl-.irp; in the i-iinc", or, that the land of" Cucli proiirictor Ihall h.ivc been waflicd awny by tliotidetir current of the river, nnd tli.it by the m;ikliig of new (l)kL's, to fjcure the f.iid pie.o or tr.ii'c of r.ii'ilh l.»id H) J-.ekl in common, fnrli pr<.rricti)r flidl Jkivc lol: p. j :irt t>r \\\<\ \vli')ic f.f Iii- Int., it finlland n'.,>y be lawful for the (^immidior.ers ( f .Sjv-cr;; ot the tcwnfiiip, t-) c.;uie .1 jufl vaki- a'ion to be nrade of tlicliifs, fuch pri'pvicti'r (Iiall Iv.ive fuuaincd a; afiivfiid, \vlii,.li valr.a'ion fl;all l)e made Iiy at leaU five freck(>kk'rs, not intcrefted in the ;.ie>c or trad of niarfli, wl^erc .fuch lofs ikali liavc been fviUained, w!io Ihall be fworn truly and impart iaily tovakietlic fame; and if it fliall happen tl\at there is in fuch tract (u* piece of marlii-iand, a fuHicient quantity thereof, lying in coir.mon and undivided, to rn.'.ke [^ood the Icfi fo fi fuiincd, tlic ClommidionGrs of Sewers iiull decree poilellion thereof, or of fo much th roof a;i.; fuilicient to make pjooil the fanv; to fljch proprietor ; or, on failure of fuch undivided land, by an af- feflment for the value thereof, t.; be paid in a juil proporiion among the ullier ir.terciled in fuch piece or tnicl of marlh land. CAP. IV. An ACT to explain fo much of an A61, made in the Thirty-Second year of i i is late Majefty's reign, entitled, an Ad; for preventing '1 refipaflres, as relates to the regulating Fences. \c\' A.*)? in a- iic: ilnii r.iDr.u'.. dit'iiii ifit'iisA.'l < f .Mill (.c.>. jd c*,.. 7. I'rcambW. V.'i.rrc P-cls iir S .1 ili.il: r.. ixt D'f tlic l.ir.d o! ;ii'.y pro- pricrcir, fov nmk. iriV''\'''.'irr'Ti- lii.iU be coinpcti. I.ioue ofrtdieri. For Afls in a- (■'■'i-M to'lls At't f'V rtitc nn \i\A Ccu, :o,t,;p. 1.). WHEREAS doxihts have 1 -rifen in regard to the intent and meaning of thai part of the fecond fic- tion of the A7 madi. in the thirty faond year of Uia laic Majjlys rtign, entitled. An Act for pr£,,n.ij]g preventing 'I'refpaifes, ivhich relates to the fences to be made by the owners and proprietors of fields lying and being adjoinin^^ to ether huh fid fields : I. Be it ena^ed by the Litutenunt-Governor, Coimcil and J/Jinil>ly, That all partition fences, be tween lands under iniprovctncnt, fliall be made and maintained from tiu.c to time, in equal proportion, by tlic owners or proprietors of fuch lands re("pcclivc!y. Rut when it ll.all hap- pen that it fliall be wo'.id, barren or burnt land, and not under any improvement, no pro- prietor fliall be obliged to make any part of the fc.iwc to faid wood, barren or burnt land j any law, uf ^e or cuflom to, the contrary notwithfianding. 1 Exnence of is. ' u if(5)::i); r'r'i-i r, fences 1 v. en 1;iih!s uni: ;:s- 'n priivimri . j :.r.d Lands ui.:niprOT*S ed: CAP- 224 C. V-X. Anno viccfimo primo Georgii III. 1781 fez noK on toth VreambJtf. CAP. V. An ACT in addition to an A£>, made in the Tenth Year of His prc- fcnt Majcfty's Reign, entitled, an A£t for cftablilhing the Toll to be taken at the feveral Grill-Mills in this Province. WIIF.REAS im/.'t yl SI made in thcTcnih year of lis [»rfint Majcjly't Ri!;^n,cn/il!iJ, An Ai?i for clhibli filing the 'I'oH to betaken at the icvcr.il Grift-MilL; in tliis I'rcvintc : t/je iili to be liiki.nfor Ooltitry; until is not (ij\crl(iiiu\l : I. Be it erui^cJ by the IJcittcnaiit-Governor^ Council and Affanbly, That every miller who keeps a bolting-mill, fli ill I)c oljligctl to bolt the meal of all wheat, rye, or l)uck-wheat, ground at T'.ll (""r bolting his mill, when requireil, aiul that the toll to be taken for the i'amc, fhill not exceed one pint iiK.ii, '^*-,^'^'^^j^ per bufliel ; and any miller refufmg to comply herewith, fliall W fubjeft to the penalty fpecified in the aforc-recited Aci, and the fame (hall be paid, levied and applied, as directed in ikid Aft, CAP. VI. INiil I'm! This a;> aitercj An ACT for cflablifliing the Times of holding the Supreme Court,. Inferior Court of Common I Peace, in the County of Hants. «p!'?ail'i%rh Inferior Court of Comnion Pleas, and General SciUons of the Oeo.^d. cop. J, Expired. Expired. CAP. Vll. An ACT in addition to, and for continuing the feveral A6ls of the (cneral Allcmbly of this Province relating to the Duties oflm- poll and Excifc on Wines, Beer, Rum, and other Dillilled Spi-^ rituous Liquors. CAP. VIII. An ACT for continuing the feveral A6ls of the General Affembly- of this Province, relating to the hxcife on MolalFes and Brown Sugar, fold within, or brought into, this Province ; and for the more eftedlual improving and extending the 1 radc of this Colony to the Weft-Indies. CAP. IX. Expired. ^n ACT for continuing the feveral Laws relating to the Duty on Licenfed Houfes. * CAP. X. Bxpire^, ^jj ^CT for continuing the feveral Laws relating to the Duty on Wheel C arriages within the Peninfula of Halifax. CAP. 1 1 7^3 Anno viccfimo fccundoGEORcii TTI. C. 1. CAP. XI. An ACT in addition to, and amendment of, and to reduce into one 315 9 Ad, the fovcrul Ads of the General Aflcmbly, for regulating Car- '^''^''"'• ricrs, and Owners of Waggons, Carts and Trucks, travelling through this Province. 11 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holdcn at Halifax, on the Sixth Day of June, Anno Domini 1770, in the Tenth Year of the Reign of Our Sovereign Lord George the Third, of Crcat-Brltain, France, and Ireland, KING, Defender of the Faith, &c. and there con- tinued by fevcral Prorogations until the Eleventh Day of June, Anno Domini 1782, in the Twenty-fecond Year c: His faid Majefty's Reign ; being the Fifteenth Seflion of tlije Filth General Affembly convened in the faid Province.* • In tlie time' of Sir Andr''.J P^j horfei orothcrwifc, carrying te fell or cxpofins^ to fule in any houTe, or in any town or vll- * lagc, whereof fuch perfon or perfon* is not an inliabrrant, rxcgpt in any public fair or market, | any wares, goods or tnerch;tndl/,c, wlthoj' prcvioully giving iv.Hid, and taking out a licence, ^' if at Halifax from the Clerk of the licences, and if in any other county or dlllric'i in the Pro* vince, from the Clerk oi^thc I'auc, by confent of at k ift three Jufdtci of the P-acc tor fuch " * r a ' county I I.i'A !.crs ar.1.1 IVJl.-s'tol,.: i 226 C. H-IIL. Anna viccfimo fecundo Georgii in.^- 1783 Pen^.lty for fcl- lia«; witiioat )!• Kii;saii-1 Mar!v- Ar>prnprn'.ti(i:ir.f from t' kilii prnMiiits iMiy Jufrccs ocp. to put thii Aifi i;i exc"u;:on. , Exeeftions. county or dlfcrict, in the fume manner ar bunds artf taken, and licences for retailing liquors are granted, for which licence thcrcfliall be paid Inlf yaarly as follows : for every licence to a hawker, pedlar, or petty chapman, travelling on foot without horfc or other bcail of burthcir, three pounds, for every licence to fuch hawker, pedlar, or petty chapman, travelling with one horfc, or other I)«iflof bui»tIieiT^fix-p'juiul*; and for every horfe, or other beaft of burthen, c acceding one, two pounds ; and the number of horfes or other beafts of burthen, when an) , .0 be cxprcihly ipccilicd in the licence. II* /l^dbe it alfi-.na^ed^ Tha'; no perfon or perfons-flulL expofe to falc in any houfe, or in any town <:>t vilbj^o, whcrcof-fuch p«'i;fon or perfons is not an inhabitant, except in any public fair or market j any wares, goods or mirthandize, without having obtained x licence as aforc- fiiid, v^n pVm o£,fbrfciting all fucli go .)di, wares oi* njcrchajudize, by hiln or them expofed to falo. \\i\ Andbi itenacTcJ, That the whole of the monies ariun^ from tlie-doty or rate to be paid by every hawker, pedlar, and petty chapman, as aforefaid, together with two thirds of the fines and forfeitures incurred by olfenders againfc this Ad-,ihall be appropriated for the making, opening and repairing, tlie public road aad bridges, through the Province, under the diredion of th :, Coverncr,. Lieutenant-Governor, or Commander in Chief of the Province, and the other third of the fines and forfeitures aforefaid, to him or them who (liaM -inform againft, and profecute fuch offender or-offlinders for the fame, and b? ^ "covered by bill, plaint or informati- on, in any cf Ilis Majefty's Courts of Record in the Province, IV. And all HisMajefty'sJuRiccs-, ^herflfs, Uiidcr-flieiilis, and ConflabI . are hereby ftridlycn- joir.cd and recjuiredi, . to exert their utmoft power to fee that this law be duly put in execution. V. P.rQii'ulcd alivays, lliat nothing in this Act fhall extend, or be conftrued to extend, tv) prohibit any perfon- felling fif!^; fruits-or vichulsy nor to hinder Lny makers of goods or their tJiildren, apprentices or fervants, from carrying or I'ellii^.g the goods of their own making ; nor any tinkers, coopers, glaziers, plumbers, hari'.efs nicndcrs, or other perfons, ulually trading, in iv.sndinr; kcttlcs^, tubs,, houfllold gootls, or harneii, from going about andcarryuig . materials for .ner.ding the fJmc. Tf.is.'A'ct cxccup GAP. II. An ACT^o enable tlic Creditors of Government, to receive Ihteref! on fuch Warrants as lliall be drawn on. the Treafury, and'payaUle in purfuance of Votes and Refolutions of tlie General Altcmbly^ v/bich by a fcarcity of. Money the Trcafurer Ihall not be able to difcbargc. ^p A^s in * CAP. III. An ACT, in nmcndnicnt of and addition to an Ad made in the Firil year of His prefcnt Miijefly's reign, entitled, an Ad for. the Rcr^illoring Marriages, Births and Deaths. w '% TllFRFAS I'.i.-r: are n-) pr.-pricfors clerks in fweral of :h^ toiaiijliips of this Province., and thai it is !/>t,;rJi' .r.'l pr^p^r tL\tt t!.K' .\C3rJ ofmjrria^a^ bivths and Jc,ti!}f,JI)i'uUi bf kc^^tb)' t.'-'C I. 1^83 ri^Sa Anno vlcefimo fecundo Georgii UI. C. IV. 2-27 Ing liquors licence to a of burthen', rcUing with of burthen, , when an) J houfc, or in 11 any public nee as aforc- i cxpofeJ to e to be. paid liirds of the the making, he dire(fi:ie)n nee, and the againft, and ;r informati- )f ftri<5Hycn- in execution. ;o extend, t<» )odsor theii- wn making ; jns, ufually aiidcarryiiig. e Ihtercf! d'payaUk \{rcinbly^ 3C ablctu de in the \ lor. the icf-j and thill it I. I . I. Beit cncMed by the Lieutena.nt-Go'Vernor, U.r'dl and //fcmbly, That the duty to be done by ^^^^^ ^^^^^ ^^ the proprietors' clerk of each townfliip, as dircfted by an Act made in the firft year of Mis ,„Trr.;l";v ."" prcfent Miycfty's reign, entitled, An Act for the rcgiftcring Marriages, Births and Deaths, j;;|['i':^',: ^'''•' ^'" Ihall for the future ! c done and performed by the Town Clerk of each townfhip refpcalvcly ; and the parties failing to comply with the directions cf (he faid A£l, Ihall be liable to the for- feiture and penalty therein fct forth, and fiic'i party fl)all pay for. recording each marriage, ivc for the .'■rn.. birth, or dfr.th, one fhilling, inflcad -of the fee tiircctcd tobe paid by. the faid Act. . And in onhr to prevent as much as poffihie the lucoivam-ncc: and detriment I'jhi.-.bmay arifefrom tin ne^^lrcl hitherto 'of fccording-marfiagcs, tirtbs and deaths and -.nore j'ldh to arfurr the purpnft. intended by the faid Aa : II. Beitena^ d. That the fiiid Town Clerk of each townfliip rcfpeaivcly,fl-.alUpply to the 7,7'\o''i'w\u. levcral IVIiniO j-s ot fuch townfliip for a lift of all fuch marriages, births or deaths, recorded by "^J. ^°uue them," befoi - the making diis vict, and ' from time to time hereafter, and to enter the fame t"""f''?P x ■.Unxio. ■CAP. I-V. An ACT in addition to an A^, made in t^ic Second year of Hi^s . prefent Majefty's Reign, entitle^', an 61 for appointing Firewards, . afcertaining their Duty, and for puniiaing Th^^fts and Difordcrs at the Time^«6f Fire. WHEREAS TBj^.'ifA? nKtde in the feeond year of His prefent Miijeflfs reign, entitled. An Aft for appointing Tirewards, afcertaining their Duty, and for puniiliing Thefts and Dif- orders at the time of lire, no provifion ls^niadef>r ibe'purchafing the implements neecffliry to be ufd inputting ajlop to, or exlinguiflnngflre, or to favc the property of the inhabitants : T. Be it enaSledby the LiTu[enaK:'jOvermr, Couneil a>:d Aj'embly, That each I'irewiird, appx)lntej vtlied tor the iupport of tlie poor, and recovered accurJingly. IV. I'or Afls in »- ir.CiuliiRT.torn'l- (li'K)i) fiiliis Ai.t fenolc oil ;d Cko.j'l. cip 5. Picamlile. An!c!'.. rl.ico orifcpofit, hmI oi' ilirii re- in iv.il ill cafe of fifL-. S.i:.l,ivv.dc"!ro'')e iratkjd with thi iii.ui'KT of »he w.iii) to V. liich ilic, b-'loin.>,j l„l(Ii''i.':s, ic. to he return:; f'wiili' ill 14 lio'.irs affor (lie fx.!i:'^iii:l;- u\, to lllJ lll.i.'J t.c.ni \v!v.-nr.; tl.-JY v.;e;-e l,i';e"i ; if I'lillir.ii, ;(hI fciint in p'.l'clli- (in cl any jiorfon, I'lid pc'lo.i to Lj tl ltd 40^ 1 li.ibiHim to i i!.:.!i laid urii- '£2S e: v-ix. Anno viccfiino lecundo Oeorgii lit. ry^^i '.J!!d t\-^j:^^:T.' ^^'•.■^"'U'eitLnacleJ, That the ConftaWci ui rx6\ w.'j-d, Hull attend with their ftavcs on the Fircward of fuch ward, at timei ol fire, to rccx^ve his dircdloiii, and to aflift in keeping SCKid oi-der and prevent thefts. :jj^.i-eJ. Sicplrad. Sf^iredj CAP. V. An ACT in amendment of, and for continuing an A61, made in the Fifteenth year of His prefcnt Majefty's Reign, entitled, an Ad for- granting to. His Majcfty an Exciie on. Molafle3,,and Brown Sugar,. fold within, or brought into, this Province, and for the more CiFfdual improving and extending the Trade of this Goloriy to the? Wcft-Indics. cap;- VI, An ACT in addition to, amendment of, and' for continuing th^fevc-- rai A(5ls of the General Aflembly of this Province, relating to the Duties of Impoll: and Excife on Wines, Beer, Rum,' and ather- Diflillcd Spirituous Lic^iiorsi. GAP. VII. An ACT to provide for the mainfenance and fupport of the Tranfienr Poor in this Province,, by laying a Duty on Goods imported and^ fold by Adventurers. Exp^edi Jx^ircd CAP. VIII, Ai> ACT in addition to, and for continuing the fevcral Law« lelii* ting to the Duty on Licejifed Houfc8» CAP. IX. • An ACT to repeal an t^di, made the laft Seflionof the General* Aflembly, entitled, an Ad in addition tO:) and amendment of, and to reduce into one Ad, tlie feveral Ads of the General Affembly,, for regulating Carriers, und Owners of Waggons,, Caits and 7>ucks, travelling through the Province.. ICATI ijl^i Aittio viceiittio {ectindd GEORduIItii CAP. X, c. x-xiv; 22r^ An ACT to exeinipt from" the payment of tfic Duties of Impoft and Excife, fuch MohfTcs, Rum, or other diftilled Spirituous Li- «^p"ea* quors, as fliall be iffued to His Majefty's Troops in this Province, as a Gift or Donation from His Majefty. iAM- rt f ■■ft itf CAP; Xr. An ACT to raife a fum of Money towards keeping in repair the Expired, Roads leadingfrom Halifax to Windfof, aAdthe Diftrid of Col- dhefteri s CAP. XII r An ACT in further addition to, and amendment of, the fcvei-al Laws ThisAa repeiJ made by the General A flfembly of this Provincej^for the eftablilhing ^^ and regulating the Militia. n n I I r I ill .o. ",d. ? K'm- puiary AA. Sl-.iifTs, C^ciks ofrlu' Crown ai;d C:jrks '.'f the Penc, tii.ircoi.pt fill ill 1 liires pud forfaturcf.to ill ■ Cijvvii c\cry U:< uivr.ilis. Fit: for nerj. .1 five pounds. rliii' f'^ir iirRk.n in tliis iM'^' t;-r CAP. I. An ACT for the better regulating the Office of S^erifl's, and the man- ner in which the SlierifVs, Clerks oF the Crown, and C lerks of the Peace, Ihall return and pafs rhjir Accounts of all Fines and For- feitxires, which ihall b<- impofod -b/ .their rcfpeclivc Courts, and which Ihall be leyied^by ihe .Shcrifts f9r the uleof the Crowm. ^nJ tuhcreas great and maivi 'inornK'nlc'ire!: h::v: r.rifou bv tc-ifon of ihe Clerics nfthe Crown Curh cfthe Peace and Sherijfs, ncglccli/ig regularly to iiceowi! f adjudged to be levied fir the King, in their refpctlive counties : Vill. Beit i/.>e>-tfire cihi<^ed, 'Vhiit £rq,nMj,r\d after .U.o pul>Hcation hcrcnf, nil Clerks of the Crown, and ("Icrks of the Pcp.cc in the fjvcral counties witliln ihl-, IVrv.r.iv, ;luli uiicc in every li„v motiUis, ccrlji'y, under the feal ot tiieir refpcedve Courts iiuo tlie oPif o ot" the Clfii of tl'.e Supreme Court at I T;i!if,iy, an Account, flatiiig therein thi.;./<"veral finc^, p,:n r.ties and for- f'eituie?! adjLul:!;ed to the King in their refpeclive Courts, to;»etlier with the names of t'le per- fons, who Ih.ill be atljudj^cd to pay fuch finci, penalties and forfeitures ; and in cafe fuch iine, penalty, or forlciturj, Ihall be adjudj^cd to the Crown in any or cither of faid Courts withla tlic faid fix mouths, then the Clerk of fi.ch Court fl\ail certify the fame as aforcfaid ; and in cafi: c.ny Cilcrk of (he C'rown, or Cierks of th.-^ Peace for any county williin this Province, (hall iic:!;!eo't to make returns in the manner aforcfaid tverv il.\ montlis, I'ucli Clerk iliali forfeit and pay f( r cacJi and every ncgletT: the fum of Five Poinds, to be recovered on ii^formation by any perfon u'latfocver in llis Mi-.jclty's Supreme Court at Ihdifa.x, and in cafe any Sheriff of any county within thi.> Province; (hall ne;Tlecl; or delay longer than two months after his year of oiiice ihall expire, to render an account on oalh to the faid Clerk of the Supreme Court in Ilalif'X vince .of , on the le Tenth orge the KING, . by fevc- sr, Anno ir of His oji of tlic rovince* , Speaker ; Frar.ck rn d the man- rks of the and For- Durts, and .'rown. rfthe Crown ures as Pull' b Clerks of the iluii uiicc in : otthc Ci«ri: i.iltie.s :\ncl for- )ies of t'\e per- cafe Cuch line, Courts witliiu :h\i\ ; and in Province, fluall ;i!! fbrtcit and inition by any sheriff of any ;r his year of rmc Court in Ilalif'X r^8j' Ahrio viccfimo tertiaGEORCirlll.' e;IL Halifax, of all fuch fines, forfeitures, penalties, or other ddbts or dues of the Grown as fliall be levied by him, together witli the names of the perfons 6n whom the fame Ihall be levied, fuch Sherifl", for each and every negled as aforcfaid, fliall forfeit and pay the fum of Twenty Pounds, the fame to be recovered on the information of any pcrfon whatfoevcr, before His Majeily'H Supreme Court at Hcdiiax, one half faid penalty to go to the informer, and the other half '..o the Cro'.vn. IX. And L' it further enabled. That at th? end oP every F.aftcr Term, tht Clerk of His Ma- jefly's Supreme Court in Halifax, ihallftate a general account of allthe fines, forfeitures and pe- nalties adjudgedto the Crown in the fovcral Courts within thia T. ovince, • particubri'/ing each county, and the names rif the perfons who Ihull be adjudged to pay fuchfincsy forfeitures and penalties, as alfo the funis levied on account thereof, and tlia fum*that fliall be then due, and thenamcsof thepeffons who owt the fame,whick faidaccount ilatcd as afbrelatd, the faidClcrk ofthcliiid Supreme Cfturt' Ihall certify under thefeal of fard Court into the Tnjalury of this^ Province, and in cafe the faid Clerk Ihall neglecV to rcturrt fuch account in fourteen days after tlie end of every Eader Term, fuch Clerk fliall forfeit and pay the fum of Twenty Pounds, for each and every neglect, or omillion ; the ll'.mc to be recovered before the faid k. jprcmc Court in Halifax, on the information of any perfon whatfoevcr, one half faid penalty to go to the Ki'ng, and the other half to the informer, - iTT-nttis after yriiT of ()!licc ilull ex- r.i'.', jol. Ckik ofthcSu- I)aiii(' Court «» H„l.:i;(liallftate ar/ 1. u'l..! account Tt rally for nepr- Kcl tu'll.ae and rcii in fi ch ac- count, 2cl. I "M \' CAP. ir; An'ACT for the Relief of fundry of His Majcfty's Subjeds in this Province, againll whom Judgments have been- recovered, on ac- count of LolTcs fullained by the Depriedations of the Enemy. Willi RE ASys/w perfons^ inhaMldliti Of iJiis Proci/uS, ivho havcfufiahid k'Jcs by rcofn of the dcpridiiiiom of the enemy, have commenced ftiUs^ and recovered judgments agairji other perfons, hkiivfc inhabitants andfuhje^scfthis Province fr the ainwr.t of fucli- their kffts en tdlegation's that fitch pirfons had aided and ajf/kd 'the enemy : J.nd vjhetens there ifmmehfafon to' thinks that fuch judgments have been" recovered for a much I'trger amount than the kffes ready fvf.aincd by fuch perfons, ozc'ing to the ccnfufedjiate of the bark part ofi. is Pruvince; and the ddjicnhy that in thrfe times- attended the procitntig of the attendcmc cf -jiilnefles : And ijbcrcjs ./«» maimer in ^chiehthej'nidjud'^ncKts hdz'C been carried ■into i.-iecution is grievous and ^pref'tve, the e/idtes ef a fez^ individuals, h:ivingbven •ivholly fizcd to fitisfy thefur.c, it is ft that the loffh really fiflained by the pcrpms reeo-ixringf adjudgments, flimldbe paid andfatiy wurrant und&r hia hand -and fcal to ap- point three fit and proper pcrft)ns to .u't as Comniifl'ioncrs for the purrolls l.c"i\:in after n;cr.» tfor.cd, in each county witiiin thi:; Province, if any freeholder or freeholders of I'uch county Ihall c!e!ire the i'amc ; fuch Convirllhoncrs to be firft duly fvvorn, to the fulchiui a.'.d i;iip;;rLU difchargcof the truft repofcd in tJiem. Ill Ail the it further em le l, ['h\r it ihill andniay bo lawful /or flich Comnnilloncrs after they /)«1I have bc«rn appointed .'.'-.d mifli(,n, and faid Cotna:iol)iiers ihall llkowlle caufe a notkc, under their hards and ftak: to be Preamble. Ji'-lj^n-em for the jc!j vccjunt of CiDinillifinct-ito Ci)r'iniiiTu;:i(;:jt9 ■ Cor.iminioicr'to 1" It i.)) i'lli tr- ill vfi n IS u) ni/- tit\ lii'. 1 o:ic«;»i» id. itrvtd cii cathi^cifua -.^iiluj! tlu^l;- cov.iuy, vhg Las recJVijre;! any jua^u a.t cr a^iiin.^ ^2 c.u a/^nno vicctimo tertio Georgii III. ^^7^3 •HieCr.n*ni(Iinn- en ;i'j'lv;niej to admini.'^er ciths to witncfll •. , Coni'ntdioner!! to rukc roport or' their proceed- ings to th .- Sii- IJiciiv.' Coii't'ii- Pcrfar.'s vho \::\v^ U'0)v.'.'.l j,i.I';iii'-r]t n-jT. ii.'iii.^ i.ia'ieiu!, Cciimi!liii>nciE me CP.iow'Mvd to c<.I!cc1 t!'0 I,o(res, upon In- fjrn;«ion, /ftcr Report of the CiimruiJTi'.)- Bcrs lijiv C!'-'d, \hc Cliiu/ iiOice f;r. ni:i\ piocctd to conlivm the y»i;coiii>:s UBvl Kcport and lot aliile any Jii'ljj- inent furrcptiti- ouly obuir.cd. The V.i!uc of the l'.?.ll CnlFes to he; levied aud pi '.-If go;xl by AJidl- lueat. The Fxcriition of Jii(ir,nitn(«i lujp''ni-'e.i ur I.I C'Mili^''.-.*cJ in tiie Supiciue Cou.t. agair.ft ir.habitarts of this Province, for and pn account of any loffes they may have fuftain- eel by-the dcpralations of the enemy, thereby requiring them on a certain day therein to be fpecified, t<> appear bcferc them, and there to exhibit a particular account of the loffes for which he or they have recovered faid judgments, and aUb to lay bcfare ■them , fuch proofs and evi- nt»;,cc9, as they may have t« afcertaixi their faid IpjOTes, and the fuid Commilfioncrs, . fhall have power to ^djuurn from day to-day, ,to admiuifter oaths to, and examine all fuch witneffcs as ftiall be produced before them, eilher by one party or die other ; And after fuch '"lommifii(jners Ihall .have fully heird the allcjiitbns of all parties, it fliall and may lie lawful for them, after giving credit for ail fuch fums of money, or other fati»faction, as fuch perfonsfliall have already rcceivod from gqvernmcnt, as a recompence for their laid loffes, as alfo for all fuch mm3 of money.as they Ihall have receivtid by the fale of pcrfonal eftates by virtue of fucli judgments, to fign and feal a report difefted . to the Chief Jilltice of liis Majeffy's Supreme Court, thereby afccrtaining the amount of the real loffes of each per- son or pcrfons, who have recovered judgments as aforesaid, and .Ulcewife to tranfmit with their faid report, a lift of the perfons names wlyj are or were inlxabitant&.of their faid county, ar.d who ought properly to be charged with the payment of fuch loffes. IV. And be U further cnaHed^ That if the pcribns whe have recovered judgmcRt as aforc- fa'id, orany of them, (hall after notice given as herein beforementioned, neglect orrcfufe to at- tend the faid Commillloners with their accounts and proofs as aforeiaid, that then, it Ihall and may be lawful for fuch CommiiHcmers to etdlcci the re.d amount of fuch perfon or perfons loffes l)y llw beft information they can, and to make a report of the fame, ftating tiicrvin the ncglccl and retiiOil of fuch perfon or perfons to attend as aforefaid. y. And be it further enadied, That after fuch Commiflioners report Ihall have been filed in His Majcfty's Supreme Court at Halifax, for one whale term, it lb ill and may be lawful for the Chief Jiidice of the faid Court, and his affociates, to take fuch report into con/lderation, and after examiningthe lame, and hearing fuch affidavits as fliail be filed dierewith, if it fhall ap- pear to the faid Court, that fuch judgments have been fnrreptitioufly obtained, or that the pcifon recovering the fame have by any unfair means recovered more than thevaljic of the real luffes ihey fuflaincd, or that thei c are any or other perfons, inhabitants of fuch county ^r counties, who ought equally as v-'cU to be charged with the payment of futh loffcs,as the perfon agai rift whom fuch judgments have been . recovered, that it Ihall and may be lawful for the fr.ld Judges to fet liich judgment, and all the proceedings h^J under the fame afidc, and to order tlie real louv;fl of fuch jxTrfon or perfons recovering, faid judgments to be made^oodby an alicffment to be made, and levied on thcfeveral perfons, who the faid Commilfioncrs Iliail return in their faid lift as perfons properly cliargcabje with the payrnent of the fame. \'l. And be i: further enadcJ, That all judgments reco\'crcd, aijd all executions iffued there- on by any perfon or perfons whatlbever, aguinftany ir.habitant or inhabitants of this Province for :iny lols or loffes fuftained by the depredations of the enemy, fliall, and the fame are hereby lufi-ended, until the fame Iliall hive been Ci..iu]dercd in IlIs.MaJcfty's Supreme Cvurt as Jbcrci^i before Ijpecif.cd. ' ''h. I' "v^*""!'" '^F C AP. ^783 Anno vicefmio tcrtib Geohgii III. C. IIMV. ?i3 CAP. III. An ACT for granting the King's Mod Gracious Free Pardon, to all His Subjeds in this Province, for all Treafons, Mifprifon of Trea- fons, or Treafonablc Correfpondence committed or done by them, or any of them, in adhering to, aiding or aflllling, countenancing or abet ting. His Majefty's late Subjects in the Thirteen Colonies, durin^j: their Rebellion. WW'E.R}LASfotnefew'mhabiicints,fubjcf!softlMs Previ/ice, ril/lfd by a falfe zeaU have^ during prjarable. tbc late unhappy ivar in /Imcrica, joined icitb, aided and aj/i/led. His Majc/iy'i late/ubjt^s t!".' inhabitants of the thirteen colonies durirg their rebellion, and J ome few it hers again have correfpanded It/. thfuch inhabitants, ichercby their lives and properties have beeome liable, on proJeeution,forfueh their treafons, to be forfeited to His Majrjfy : And whereas the faid war is new at an end, and it is expedient ftr thepubiie welfare of this Province, that all remembrance ofthecaufes thereof, JhouUi as fpcedily as po/Jible be buried in oblivion, and in full hopes, that all His Majefly's fuhje£ls of this Prevince,who have made tbemfehes liable to the pains and penalties afurcfaid, may by this A51 ofGrac-', be induced in future, more carefully to obfervethe laws, and to live in dutiful and loyal obedience to His Majefis : I. Be it therefore enaBed, by the Governor, Council and Affembly, Tlut all and every His Ma- jcfty's fubjccls of tliis Province and their heirs, and every of them, are hereby acquitted, par- ty of"^ Treia"''!! doned, releai'cd, arid difcharKcd, niainft the Kind's Maieily, and His fucceffors, of all manner 'Yquiltcd, p.ir- r V .> .^ ,. " ,,' " ^. J i- 1- • J 1-1 1 r donecl.&c. from or trcalons, milpnion or trcai(>-iis, treuionabic and ieditious words, hbels or corrclpon- all pains und pc- dencc, by them or any ot them ..omniittcd or done, in aiding, countenancing or aJTift- "^''J"- ing, His Majcily's late fubjccts in the thirteen colonies, during their rebellion, and from all pains, penalties, forfeitures, pain5. of death, and pains corporeal, which may have been incur- red or forfeited by them, or any of them, (before the pafling this prefent Aft) by reafon or means of the faid premifes. II. And be it further enaded. That all profecutions now carrying en againft any pcrfon or perfons, coming under the aforefaid defcription, whether civil or criminal, fhall ceafe, and be Prolicutions t* at an end, and that no other fuits or profecutions Ihall in future be commenced or profecuted for any matter or thing comprehended in this Aft. ceaJ'e. CAP. IV. An ACT for altering and reducing the Terms of the Sitting of the ThisAft altered Supreme Court at Cumberland, in the County of Cumberland. S'pf^'!' ^"" ^'*- Ga CAP. '34 C. V-VI. Anno vicciimo tertlo Georgh III. 1783 For Ai'>s in »• fiiendinent or ad- dition to this A>ft, fee note on ill Gto. 3d. cap. 14. Preamble. i' Olds to conti- reofthe fame Mfidth they were, or net to exceed fixty lix feet H'id :. CAP. V. An ACT in further addition to, and amendment of, an Aft made in the Firft year of His prefent Majefty's reign, entitled, an Aft for rcpiiring and mending Highways, Roads, Bridges and Streets, and for appointing Surveyors of Highways within thefeveralTown- Ihips in this Province. WHEREAS by the firft fe^ion of an A6\ made in the fifth year of His prcfcnt Majefty*s reign, entitled. An Aft in addition to, and amendment of, an Act, made in the firft year of His prefent Majefty's reign, entitled, An Aft for repairing higliways, roads, bridges and ftrccts, and for appointing Surveyors of Highways within the fcveral lownfliips in this Province, // ii diretled, ' That all puolic highways hereafter to be laid out, fljall not be Icfs than one hundred feet wide. ^■(nd ^v/jerfii- doubts have arijen, whether faid Ad extended to hi^hivays and roads then in tife only : I. Bt it therefore enabled by the Governor, Council and Affembly, and it is herecby enacted and decla- red. That all highways through the Province, wliich were in ufe as fuch at the time of making faid Acl fliould be continued of the fauic breadth they then were, or not to exceed fixty fix feet tvidc. CAP. VI. An ACT in further addition to an Aft, made in the Second year of His prefent Majefty's Reign, entitled, an -^ft for appointing Firewards, afcertaining their Duty, and for punifhing Thefts and Diforders at the Time of Fire, Prcanibie. Arp^intr.icr.t of p.flj^inc Men. v.no i'f. exempt !.om fcrvlr.g in •omc other oill- ces. Duty of \.\\z En- gine Men. Perfins refu'ng to aTilt liable tu a peaaJ'.y. I. WHEREAS // /■; ^/^/^/y necejliry, that the fire engine be conftantly kept in good order, and that a number of prudent perfons be appointed for thutpurpnfe ; I. Be it enabled by the Governor, Council, and Ajfmbly, That it fliall and may be law- ful for the Julticcs in their Sefiions of the Pe.ice for the town and county of Halifax ; imd they are hereby required to appoint fuch number of prudcit perfons, not exceeding nine, vho> ihall be denominated Engine Men, and Ihall have charge of the town engine, and fhall be obliged to keep the fame in gcod order and fit for fcrvi'-c on all occafions ; vnd that the laid perfons fo chofen, fhall be exempted from ferving oji J.iries, or the or.l;e of Co;; liable duiing their continuance in faid oflice, U. And be it e>ij(f7ed,'l'b3t at the time of the breaking fortli of fire m the faid town, or fuburbs, the faid Engine Men fliall repair to the engine, antl ufe their utnioll eff,^rts in vaking it to the place where the fire fliall be difcovercd and there \\ ork the ^^ir '". according to their beft (kill and judgment, and ths dlrcftions of the Firewards for ext.nguifhing any fire fo broke cut. III. And oe it alfo enat^led, 'Ib^t one of the Engine Men, chofen asaforeuid, fliall have the power of a Fireward to commanJ any neccfTary aflift.mcc in taking the engine to and fmm the p'acc of fire, and any pcrfon r^^ufrng to obey fuch orders, fhall be fubjeft to rlie r.-,nie fines :-.3 imposed by an Aft made in the fecond year of His prefent M;:jcily's reign, entitled, An Act fi)r appointing Firewards, afcertaining their Duty, and for punilliing Thefts and Dif- orders at the time of Fire. IV. ^7^3 Anno viccfiino tei*tio GeorciiIII. C. VIMX. '35 ■ IV. /InJ be it further cnaclcd. That ail ncccllary repairs to the laid engine, {hall 1 e allowed and ^«^';;;, ';,', ^* paid by alTeffmcnt, under the order and dlrer^lion of the JuiUccs and Grand Jury in their pail by Aflcfi. General Ouarter Scllions, to be levied on the inhabitants of the town of Halifax. msnt CAP. VII. An ACT for Eftablifliing the Times of holding an Inferior Court cf '^^^^^ Common Plcns, and General Seflions of the Peace in tl»e Town- 3jccts'or any other pcrfoi\ wliatfover; and I do declare, tjiat 1 do not hdieve, that the Pope of Rome or any otl'.er foreign Prince, Prelate, State or Potentate, hath, or ought to have, any temporal or civil jurildiclion, power, fiipcriority, or pre-cniinence, directly, or indirectly, within this realm ; and I do folemnly in the prelince of God, nrofcfs, teilify, and declare, that I do make this declaration and every part- thereof in the plain and ordinary fenfeof the words oft! . oath, without any cvalion, equivocation or n-.cr.tal refcrvation, whatfoever, and without any difpcnfation already granted by the Pope or any authority of the See of Rome, or any perfon whatfoever, or without thinking that 1 am, or can be acquitted beftirc God or man, or abfolved of this declaration, or any part thereof, although the Pope or any other pcrfons or authority whatfoever, (hall difpenfe with, or annul the fame, or declare that it was null and void. VI. Which oath it (hall be competent to any of His Majefty's Courts- of Record or to any Court of any General Sefllons of the Peace within this Province to adminifter, and tliey are hereby required to adminifler the fame accordingly, of the taking and fublcribing of which oaths a rcgifter fliall be kept and preferved. VII. /■/•c-iv't/d^. That nothing in this AcT: contained fliall be of any effed until His Majcfiy's pleaiure therein fliall be known. CAP. »783 'iiuce to Hi s Anno vicefimo tertia Georgii III. CAP. X. c. x-xr. »$7 An ACT tor Eilablilhing and Regulating Ferries. WHEREAS the ejloblijiimcnt $ffjrr:cs in many parts of ibis Provinie, is of great utility^ and ren- ders the coimnwucalion to ftvcral places, more eafy and expeditious : I. Be it ena£\ed by the Governor, CoiinciU and Ajjhubly^ Tluit from and after the publication of this Acl, His Mujcfty's Jufticcs in their Gcncr.il or Special Smlious of the Peace for each County, fhall be, and they are Iiereby authorifed and impowcred, to cftablilh fuch fcrrici over rivers, bays or creeks, within their refpcclive Counties, a:? may be by them thought neccfTary, mdtoa^reo with, and ufr.inr liL-Mlji to i'u.'h p-'rib-is as they (hall judge meet as Ferrymen, under fuch rules and regulation!, as they from time to time fliall judge moll for the good of the public; and any pcrfon or pcrfonii, who fhall agree and accept oftheofllceor plico of Ferry- man, and after fuch agrccn\ent and ncccptincc Ihall refufe or neglect to comply wii fi, and oh- fervc tlic fcvcral articles and claufi ; coiitainctl in ( lid rules and regulations made ;i-. aforefaid, Oiall be lined l)y the Juftices in their Seillons, in any fum not exceeding forty fliiilings. ir. AvJh- it alfo cmii-lcd, 'Iliat when any ferry Hull be eftabiifhcd, over any river, bay or crev.'k, at afurcfaid, and any p. rlnn or pcrfonb appointed and liccnfcd to attend the fame as aforefaid, if any pcrfon or pcrfons whatibever (hall carry or ferry ovir fuclj river, bay or crock, cither man or beafl, for hire, unleis by defire or confent of ihc Ferryman, or on liis neglecl or refuFal to give due attendaiuv, fuch perfon fhall forfeit and pay a line not exceeding twenty Ihillings, to be recovered on complaint before any two of His Majjlly's [ullicei of the i'lice, anil l)c levieil by tliltre.'s and fale of the olfender's goods .nil cliatu is. HI. Provided neverthclcfs. That if any Ferryman appointed as aforelaid, (hall ncglecV or refufc to give attendance, purfliant to the regulations made for that purpoib, in every luch a.ilc any other perfon or perfons may fupply the place of fuch Ferryman, until another he appointed and licenfed as aforefaid, and receive payment for the fame, in tli^; fanicniaijncr .u the proper I'erryman nnght do if prefcnt, Preanilile. Ferries (hall I>e ethblillicd unil ro^u'iitcd anil ftrrvnien ap- poiiKtil l>y Jufti- ccj in Sollion;, Pcnaliv on Fei- rvMH'n not oli- Icrvirj; liio i^'gii- l.iiiiii>, Its. None li'.it tlie rfirvnu'D lii'iK c.iiry ovcicitlici nun or bo;ill wliLMe a I'cnv fn;illl»c ellablnli- fl. raiialty ;os. I'crrvmcn no; pi\inj;iii:ca'.li;n. d.ince, .inv per- fon may fm]i!v Ins place antl un* til another (haH' be appoir.teil CAP. XI. An ACT for Eflablilliing the 1 imcs of holding Inferior Courts of rcr .ws riK - ..v Common Pleas in the Dillrict of Colchcllcr in the County of Ha- AJts'^'itt'^'cieo. ,-,d. cap. 5. \l^. do. .id. cap. >;, r;-;;in-,; lifax. WHEREAS the want rf roads, and the dijiance between thefettlements of IVUmot River, Pklo'.i, Tcit^!>:agoiiJhc, and tie diJlr'iR cfCokheJIcr and Hal fax, occaftons the attenditnce cf perfons rcju dent in thefaid d\flri6l and fctt lenient s at the Inferior CcvNs of Common Pleas, held at Halifax, for the fuid County, not only very inioiwjenicnl, but greatly impedes the due admini/lration of jifiiec in the afore- faid dijlricl andfttlcments ; far remedy whereof: \. Be it enaded, hy the Governor, Coiindl and Affembly, That an Inferior Court of Common Pleas for the faid diftrift, fliall and may be holden within the townlhip of Onflow, in the coun- ly aforefiiid, on the firft Tuefday of February, and the firft Tuefday in Auguft:, in every year. 11. And be it alfo enabled. That all and every the Laws of this Province, refpecling the ballot- ^"'^ yearly. ing, fummoning and attendance, of Jurors, ordering and taking fpecial bail, the fervice of Laws relating writs and executions, or which relate to order and direct either the pradical or judicial pro- Jj""S'wmj,.vc reedlngs of the Cour(.'j of Law in this Province, fliall extend, and be conftrued to extend, to c ^l>e faid inferior Court of Common Pleas in the townfliip of Onflow, as aforefaid. Inferior C<)\ir: to belu'ldatOnHow M\ Tucrd.ivrf February andAu- T to -Olllt. CAP, .■Mi" ID' i,' ii'' '''I',. >3« Ricpired. er^cd. Expired. Expired. Tfxpired. Expired. C. Xll-XVil. Anno viceHmu tcrtto Gkoroii III. CAP. XII. »783 An ACT for Liccnfing Butchers, and preventing them in future from being guilty of Extortion, and other Mifbehaviour. CAP. XIII. An ACT for regulating Inns, and Taverns, on all the Public Roads throughout this Province, and eftablifliing the Prices of Entertain- ment for Travellers and their Horfes. GAP. XIV. An ACT for continuing the feveral Laws relating to the Duty on Licenfed Houfcs. CAP XV. An ACT for continuing the feveral A6ls of the General Ailembly of this Province, relating to the Duties of Impoft and Excifeon Wines, Beer, Rum, and other Diftilled Spirituous Liquors, and for continu* ing the feveral Ads of the General Aflembly of this Province, re- lating to the Duties of Excife on Molafles and Brown Sugar, fold within, or brought into, this Province, and for the more effedual improving, and extending the Trade of this L olony to the Weft* Indies. CAP. XVI. An ACT for eftablifliing the ftandard Weight of Grain, and for ap- pointing proper Officers for meafuring Grain, Salt and Coals, and afcertaming the ftandard fize of Bricks. CAP. XVII. An ACT for continuing feveral Ads that are near expiring. CAP. n^3 \ future ar. : Roadb itcrtain- Duty on :mbly ot n Wines, continu- ince, rc- Tar, fold effedlual He Weft- d for ap- oals, and inng. CAP. 784 Anno vicefimo quintoGidRoii 111. CAP. XVIII. C. I-II. *39 An ACT in amendment of, and for continuing an A£l made in the laft General Aflembly of this Province, entitled, an Ad to raife Expired. a Sum of Money towards keeping in repair the Roads leading from Halifax to Windfor, and the Diftrid of Colchcfter. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Sixth day of June, Anno Domini 1770, in the Tenth year of the reign of Our Sovereign Lord George the Third, of Great-Britain, France and Ireland, KING. Defender of the Faith, 6cc. and there continued by feve- ral Prorogations until the Firft Day of November, Anno Domini 1784, and in the Twenty-Fifth Year of His faidMajefiy's Reign, being the Seventeenth Sefllon of the Fifth General Aflembly convened in the faid Province.* • In the time of John Parr, Efq; OoTcrnor ( Bryan Finucane, Chief Juft'ce and Prefulent of Council { Thomas Cochran. Spcalicr ; Kicbaid Uulkoley, Secretary of Coua>:il ; tod Richard CunDingham, Clerk of Airerabiy. CAP. I. Tiiis Ait not af^ fented to by His Majcftv, An' ACT for more cfFedlually making Lands and Tenements liable for the Payment of Debts, alfo to enable the Holders of fmall Mortgages to fell the Premifes, mortgaged to them, more fpeedily, ^ and at lefs expence, than heretofore, as alfo to repeal an Ad: made in the Thirty- Second year of His late Majefty's reign, entitled, an A61 for making Lands and Tenements liable to the Payment of : Debts. I 1 CAP. II. I An ACT to impower the Juflices in the feveral Counties within ^ this Province to iffue Summons' for the Attendance of Witnef- scenoteoniitii * _ _, . - and 15th Geo. I les on Trials. jd.cap.4. WHEREAS ^rM/ inconveniences attend the fummoningwitnejjcs^'whofe place of rcfidenei is dif- Preamble. tantftom the place where the Court for trials is hcldt for nmedy whereuf : I. 240 juRices to ifTue .■jiimmons jiir 'Im attend.ince of witncncs, ifthcv live at the di(- laiiccot five miles iiiiii \vhere the Court is held. Form of the (iunin'.ons. Pcrfnn fummon- ed asv.itnti"; on . ny trial, icfullnjr to :itttiic! or give evidence, &c. Penalty for tlie iiuvx. No pcrfon- 0)a\\ li ob!i;^iL'd to give t>iderce witliou'- tlieirr' • iijiiable tlmiyci allowed . This A..T altered by 37th CJco. ^d. Cli). -. c. ni-iv. Anno vicefimo quinto Georgii III. '784 I. Be it cnnHed by the Governor, Council and j^ffcmbly, and by the authority of the fame it is ejinflcd. That w!ien it is found neccfliiry tofummon any perfon or pcrfons as witncfs or witnefles to attend arid give evidence in any trial,\vhofe place ofrcfider.ccfliall be five miles or upwards from the place v.b.cre the Court at whiich fuch trial is to be had or held, it fliall and may be lawful for the Juftices in the feveral CcuHtics, to ifl'ue a funn-nons for fuch peribn or pcrfons to attend as a witncfs or witneifes at the trial of the faid caufes, which fununons iliall be in form following : \ou A. B. are fummoned perfonaliy to be and appear before at on {.he day of next, then and there to give evidence in a caufe depending in faid Court between A. B. plaintiff, and C. D. defendant, and not to depart without leave of (iiid Court, and in this you arenot to fail, under penalty of being found guilty ofacontempt of faid Court. Witnefs one of His M.;jefty's Juflices of the Peace for the Count) ot this day of A. D. II. Jiid be it alfo e??a<1id. That wlien any perfon or pcrfons fliall be fummoned to give evi- dence upon i'.iz trial of my ilfue between party and party, or in behalf or againll any prifonei upon trial, and fuch pcrlon or perfons fo fummoned Ihall rcfufc or nejjlectto give his or her at- tendance at the time and place mentioned in fuch fummons, (rot having any juft or reafona- b!e caufe therefor to be allowed of by the Court, or Juflice or Juflices, before whom the trial fliall be,) or wilfully withdraw liimfclf or herfclf before fworn, or flr.ill refiifc to give his or he; eviderice, in every iudi cafe, the party fo offending fhall be liable to fuch pains and penalties at fuch ;,)erfon or perfons wtjuld have bee n liable to, if he or they had acted in contempt of a fu- pana, ifl'ued out of t!ie Ct^urt at which fuch perfon or perfons attendance was fo required. III. Pnvidtd .iliunys. That no perfon fhail be obliged to give evidence in any caufe, before he or fl;j be ()aid, or Secured to be paidl'.is or her reafonable charges for attendance^ to be al- lowed of and ordered by tl\e Court, Juftice or Juflices. CAP. III. An ACT for Eftablifliing an Inferio" Court oF Common Picas and a C ourt of General Sellions of the Persce in the Townlhip of Man- chcller, in tlic Diftrid formerly called Chedabudo. Ililii;.,' Cx^P. IV. An ACT in amendment of, and further addition to, an Adl made in the Thirty-Second year of His late Majefty's Reign, entitled, an A&. for preventing Trefpaffes. WHEREAS the cxpence attcuding thcprocefs l^fuing out replevins in the Courts of Law y in cafes oftrcfpajjesy by bcrfcs,neat cattle, fhecp, gobts andfwine, where the value of the damage docs not exceed tbn-c pounds, is found t» be grievous : I. Be it enabled, by the Governor, Council and Affmhly, That in all cafei where a trefpafs or fup- pofed trefpafs fliall have teen committed by horfes, neat cattle, flieep, goats or fwine, and that Mule'^Vvh "I'e '^it *''^ value of the damage alledged to be fufFered, fliall not exceed the fum of three pounds, the does not exceed fame fliall be heard and tried before one or more Juflices of the Peace, who fliall fummon the ■' ' parties before him or them, aiul proceed thcieon, as in cafes of debt, to determine the amount of the damages and coft, and give judgment accordingly, any law, ufageor cuflom,tothe con- trary r.otv. 1? hflanding. P.canXle, Mode of obtain- ing redrcis for ir ns Iliall be in »7'^ Anno vicefimo quinto Georgii III. C. V-VI. •241 II. j4nd I'C it a/foenat'7c.'/,'Th:it in ^\l ilich cafes where it maybe necefTnr}', the Jufi'ccs of J'^'_^JJ;*-''^ ",^^v.^ the Peace fliall grant a replevin, ami-take fecurity for profccu ting the fiime with cJtcl, within upm receiving a term not exceetlingjeven daysy which rcp'tvin fhall be in form follov ing : bxai!:^' '" ^''' " You are hereby commanded -to replevy to A.B. his which C. C. unjuftly, ais is allcdgcd, detains under pretence of having committed a trefpafa not exceeding the fum of T""" "f Ucple- three pounds j and aUb to funimon the iaid C C. to Lc and appear before me tlie day of at o'Glock in tlic there to anfwcr fuch things as Ihall be obje^ed npa'nfthim by the laid A. B. AVitntfs my hand andfeal this day of A.D. " And fhall hear the merits of the cafe between the parties, and (hall give judgment and gran t execution as in fummary caufes heretofore tried before' a fingle Jufiice, and fhall receive no PT""" '^' ''"*? more or greater fees than Jufticcs of the Peace havc'fceen heretofore allowed in fummary cau- ics. ^CAP. v. An A.C3T to afcertain the Number of Reprefcntatives to be eleclcd to ferve in General AfTcmblv for the fcveral Cou.itJcs and Town- llijps therein mentioned. WIir,REAS//-o;7i the accc[j]on offcitkrs and inhabit ani a in this Province^ it is expedient that the ju'tnbcr of Counties and ToicrJIiipi therein be increaftd, and that the Jr^chddcrs thcrcf be ati- ihcrizcd to ek^l rcprcfcntaiii'cs to fcrvc in General Aflcnibh' : I. Be it -cnailid, by the Governor, Council and /tj'tmbly^ That the frcchoklcrs (;f \.]\c fcve- ral Counties and Townfuips herein after named, fliall havc'ilic privilege of clcciing in manner and form as lieretofore hath been accuflomed, Reprefcntatives, to fervcin General Afl'embly, that is to fiy, fnr the Omnty of Shelhurne, fitnateon the '"eftcia boundary of (^ucea's County, two Members ; for the County of Sydney, iltuate on the eaflcrr bounilary ef the ("(unity of Halifax, tvi-o Members ; for the Townfliip of Sbclburne, fituatc on tlie harbour called Port Rofeway, one Member; foi'thc Townfliip of Digby, in tlie County of Annapolis, iituate on ihe bafbn of Annapolis, formerly called Conway, one Member. II. Provided, I'hat nothing in this Act contained fliall be of any force or eflecl until His Ma- jeily's pleafurc therein fliall be known. For A"'; in ,\. mcndmcnt or ad- dition to tliis Act, fee note on ^th Geo. jii, dp. lc. Preamble. Fhciburne, SvJ- r.c-y and Dighy, piivileil^Tcd to It nil Ueprcicma- tives. CAP. VI. An ACT to prevent the Deftroying of Buoys, Beacons or Sea Marks, which fliall be fet or placed by Authority, in any Harbour Rivtr, Creek, or Bay, within this Province. WllKKEAS the dtjlroyin^^ of buoys, beacons, andfca rnarhs, fet or placed bv authority in any har- b-j.ir, river, criek or bay, for the fafe navigation ofjhips and vejfels may prove cf dangerous confcquence to the lives and properties of perfons >!avi<^ating therein : I. Be it cr.adcd, by the Governor, Council and Jflimbly, That any pcrfon or perfons who fliall take away, cut down, or deftroy, or aid or afilft in takin;^, cutting down or deftroying, in any manner whatever, fucli buoys, l^acons or fea marks, v hich arc placed, or ihall be placed or fet by order or dirccbion of the Governor, Lieutenant Governor, or Commander in Chief lof the Province, or any other pcribn, having authority fo to do, in any harbour, creek or bay, H a wj! Ilia Avlsliifecuteni- »ig;itiiin, -^-A Cien.^^d. cap. _^, nnil 4i(K;to. yS. temporary \i\. Preamble. Anv I'rt'on t.il<. in:; or (liPiovinj; 1)1.. y pl.utd by air! i-'ity, to by T way. by under the inflict pu- vti-J:^ \oi bcr and alfo to Duties At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Fifth Day of December, Anno Domini, 17 85, in the Twenty- Sixth Year of the Reign of Our Sovereign Lord George the Third of Great-Britain, France, and heland, KING, Defender of the Faith, &:c. and there continued by feveral Prorogations until the EiglithDay of June, Anno Domini 1786, in the Tv/enty-lixth Year of His faid Majefty's Reign, being the Second Seffion of the Sixth General AfTehibly convened in the faid Province.^ * In thi: time of John Purr, r.f'i.Govoniir; Ri^lvird lVil'ci;ly, I'rcfident of Council; S.S. Blowers, Speaker j Francis Shiiiton*.'- SecrttJiy o: Council ; JanicjB. i't^nkJiii,ClCik of Allcmbly. Preamble. CAP. I. An ACT for relieving His Majefty's Subjeds, profcfTing th6 Popilh Religion from certain Penalties and Difabilities inipofcd on them by the Aft of the General Aflcmblyof this Province, made in the Sixth Year of His prefent Majefty's Reign, entitled, an A€t concerning Schools and Schoolmafters. WHEREAS // is expedient ta repeal certain provifions in' the J^d made by the Cen'cral JJhnh'y of this Province, in the f.xth year cf His prc/eiit Majc/ly's rci^n, entitled. An Act concerning Schools aiui Schoohnultcrs, luhcreby certain penalties and difabilities are iinpofd on pcrfoiis profcffivg the Popijb Reiigim : I. Be it enacted, by the Governor, Council and Jljfe'nibly, Thui Tu much of the faid A*fl as relates tt) the lubjectiu^ any popilh reculant, papift, or pcilbns profcfling the popifli religion, ■^'^ '■'-^'^'f^j'- " who fhall fct up any icliool within this Province to certain iinprilonmcnt and penalties, {hall be, and the lame is hereby repealed. II. Pro'Oided always. That nothing herein contained, fliall be conftrued to extend to any perfon or pcrfons, but fuch who fhall take and I'ub icribc an o ith in the words fet forth in an Act made in ^'^^ h,'^^^^■"\ -.^ tlie twenty third year of llisprefent Majefty's Roign, entitled, An Acl for relieving His Majefty's foitU in the Aet f ibjecls profcfling the popilh religion from certain penalties and difabilities impoied upon them '^•''^ *^"^"' ^'" by two Acts of the General Alfembly of this Province, made in the Thirty-fccond year of llis late Majefty's reign, entitled. An Act, confirming titles to lands ancfquieting pofleiri- ons, and an Aft for the cftablilhmcnt of Religious public Worfliip in this Province, and for fupprcding of Popery, in the manner as therein directed, and who fliall be licenfed for that purpofe by the Governor, Lieutenant-Governor, or Commander in Chief of this Province. III. Provided aljo, and it is hereby t nailed and declared,' ^h^t nothing in this Ad contained fliall extend I II ¥. K K 1 ,246 C. II-V. A nno vicefimo fexto Georg i i II I . 1786 No Pipift to un- dertake the edu- cation of youth, under the age of 14 years, of the rroteftant Religi- on. Tliis Aunty of Hants, fhall be anniially hdd at Windfor, any law, ufage ral Scilionsofthe in faid County, on the firft Tuefday of April, ainl lift 'ruclday of October j'eaceaivvindfbr ^^ cuftom, to the contrary notwithftanding. •Expired. Expired. Ixpired* CAP. III. An ACT for continuing the feveral Laws mentioned therein, and aifo for altering the Impofl Law hereby continued. CAP. IV. An ACT to alter, amend and continue, an A 61, paflcd in the Twenty- Fourth year of His prefent Majefty's reign, entitled, an A61 for more effedually raifmg a Duty of Excife on Wines, Rum, and cer- tain other enumerated articles, and for preventing Frauds in the colle<9::on of the Revenue. CAP. V. An ACT to continue the A61: for more efFeflually raifing a Revenue within this Province, for the Support of its Government, and to enable perfons exporting certain articles therein named to receive a Drawback on thjs Export thereof, and for other purpofes therein mentioned. CAP. M*' i7'8€ fchoolmafter, :his Province, ill have been jr cfFciaftc j;ate or (lope. Punifi'.r.ient on fcfulitlornegleel.. roilonft- cnm- jilainin;;, without fufticient e.iufe, to pny cofh. Fines le\ied un- der dii5 A(5t to be applied to tiie .j'.skini; oi roids. the f.iidjury, to repair to, and view the fame: and the faid Shcrift", after due CDJifidcr.iticr bcinr; li^d by the Jury touching tiio niattqrs and things ciiargcd or fct forlli in fiich complaint, and aticr the "xamiuation ot'fuch witncflcs on oath to be by him adniiniftcrcd, as m.^y ^c pro- duced by cUIier party fliall return tlic inqucfc, fo taken, to faid Juflices in their Scfi' •., and thereupon the faid Juftices flinll, (in eafc the Jury do find the faid complaint to bevel , ound- ed and proved,) make up an order in writing on fncli finding, tlicrcby dircftinp:t''.e u 'nei or owneis of fuch mill dan, or other obrtruction, to. tonftvucl or form in the fame ? iKdcnt walle gate, or (lope, within a rcaibnablc time therein to be limited, according to tli. nnieii. tent and meaning of this prefent Acl, and re<|uiringthc puty conviclcd '.j pay a fii c not ex- . ccctling lifty pounds, ''or 'cfs than ten pounds, inmicdia'Jy Inio '1;. h .ids oft'ie Clerk of the Pw-ace, a .'. "far ' 'Vnd. vor ofl'e; ders Iha'' refnic or neglect to pay faid fine, trigetlier witli it It iealon'.;'i:;\Ii.)''f;o8 O: profecution as maybe taxed and allowed by the Court, it fliall and may " e I.1 viu! jl'V ^c faid Jufliccsin their Sefilons, and they arc hereby direfted, to ilTuc a warrant for \c-r I-ig la/d Tne, andchargcs, by diflrcfs and fule n:ade of the goods :iiid chat- tels of t)ie iald oifendcro:' iL'iucrs ; and if no fuflicicnt didrcfs can be found, then, on due return made thereof by the Sherilf, the iaid Juflices in Scflion Ihall, by a further warrani to be by them iffyd indue form of law, comn.it fuch o.T'ender or cflenders, to Jli«Majefty'sgoal within the County, where the oflence fliall have been coramlitcd, there to remain for the ipacc of three months, or until he fliall luive paid the faid line aid charges. III. yJiid be it furthsr cnailcJ, by lbs authority afore/aid. That if the party, fo cenviclcd, fliall .not, within the time limitccl in the aforefiid order of tiie CencralQuarter Senions, make a fuflicient wafte gate or Hope in exact contormit y thereto, then It fliall and may be la\v ful ibr three or more Juftices v.ithin the County, y.licrc the laid oHliico .'lia!! have been couunittcd (ehh.r on their own view, or on complaint being made to them of faid neg'ecV) to hold a Special Seliions of the Peace ftir the purpofj of proceeding furtlicr in the prcuiifira, .ind they arc hereby furtlicrim- powered ai;d directed, after the aforefaid ncplcv't of the OMiicr or owner.-i of faid mill dam or other ohilrucTion, fhall be made to appear to tlieni, to ilfue a precept to the Sheiilf of that County, reti'viiring him to take v.itii him fuflicient aid to t!ic place where fuch mill dam, or other obllruc^icin Ihall have been made, for the purpofe of proflrating and wholly deftroylng the fame, and all perfons wliofcaiu fli.dl be required on that occaCi>n by the SheritV, are hereby commanded to be adiftlng to him for the purpofe aforefaid, and if any action fli Jl be com- menced or brought againll theijhcrifl'or his aid, for any thing done by him or them, in obe- dience to the commands of faid precept, he or lliey may plead the general iilue, and give the fpecial matter in evidence ttithe Jury. IV. yirJbc it further emicled, by the authority eiforefin J, Thxt the owners or proprietors of all mill dan.s or other obflructions already made on or acrofs any river or ftream in this Province, to which fifli from the fea are, or liave been, accuftoir.cd to rcfort, fliall on or before the twen- tieth day of September in theprcfcnt year of our Lord one thouland fcvcn hundred and eighty fix, make a walle gate or flope in the fame i'or the purpofes herein before declared ; and if any fuch owner or owners fliall refufc or neglect fo to do, he or they, lo refufing or neglecting', fliall be fubie(5t to be proceeded againft in the fame manner, and be liable to the fan. e difuefs, penalty and imprifonment, as fuch perfon or perfons are Jul. >) eel and liable to by this i\6t:, who fliall have violated, or who flwJl have neglected or rcfui'ed to obey the order of the laid General Quarter Scllions in cafes of inill dams, or otlier obllrucli^^ns, to be made in future on rivers orftrcair.swiiliinthibProvir.ee ; and in all cales v here the Jiay fl.all lindthe conpKdnt againfl: any mill dam, or other obftruction, to be groundlefs, he or they lo complaining, fliall by the faid Genenil Quarter SciTions, be adjudged to pay the owner or proprietor the charges of fiid inqucfc, to be taxed antl allowed by the C'ourt ; and all the fnci wliich fl:all or nay be levied and paid by vlrtuoof this Act:, arc hereby directed to be paid and applied to the puipoie.; o> 1786 Anno viccfimo fcxto Geonoii itt. C.^tl. •j*4^ llicn, on duo of inukiiig palillc roads within tljQ county, where the oftcncc (iu., Ljlvz been coni- luirtcd. V. Jmi be if/itrtbfr cnadcd, by ihe author'tly aforefaid. That all and every of I Us Majcfty's fub- ']&f\.%, owning or lr:wfully poffefling lands by or thorough, or over which any i' r or ftrcam in this Province fliall or may run, fhall be deemed to have the fole and excluPvo ght 6f takinc^ fifli therein, while ndfolongas the fifli (hall or may remain in fuch pari o' faid rivera or ftreams ; and no pcrfun or pcrfons whatever fhall or may lawfull; t.-.k "u. while being or .cmaininij 'v\ rivers running by, through orovcr (uch lan oils to iip])0illt I'uch (I'li'.pg pli- tCSHSnilllljppO^: nifiit coiivciiici.t to owners of liril on fuch rive. Not to r.rxc-' (ea fifli. Juftices in then ii.-(VQ_ii;iri.,-Ser- iiur.s to liiOiri- fju'i:'. riveisiiilHil tor the rujiplyin^ of timber, f;c. And toordtT ;i!t ptlfoilF. m.'.'.iv,;; 1 Mill Dim, xc. to form u ■Wdlte gite, &c. Penalty for pcr- fons adling con- tr.u y to this Atf Mill D;mj, f<' . not lo cuiilltuci- 25© c. viir. Annoviccfimo fexto Georgii III. 1786 eel to bo rroflrat- Fcn.iliT m,t to cxtencftopeifons \vho liavt licrcto- (^.ictrcacfi Mill U.inis, &c. with coiifent of the people. Wajlc Gates, Sec. to be made by the fiiitilion of juftU CCS when ncccfl'.i- I y in fiich Mill The Juftlccs to 1 nld Special Sef- (ion liir rcguliit- i.g tl-.s manner lat!r^g •.htir iCKulati.ins. liui.iiion cfthig ^il limited. virtue of fuch procefs ; and in fiich manner as \i hereby dirchofe courfe has been greatly objlrucicd or diverted ofhtcin divers parts of this Prcvinec^liy the injiidieious p/aeifig offeines and nets, in ..rtain havens, creeks and harbours therein, to the maniffi injury ofiri' dividuals, and of the community at large ; for remedy whereof : IX. Jh it further ena^ed, by the authority aforefaid, I'hat it flial! and may be lawful for three or more Judiccs of the feveral Counties throughout the Province, and they arc hereby direcled to hold a Special SefTion in their refpeclivc Counties-or Diftrift, as foon as may be, for the purpofe of regulating the manner of placin, i'e: note on loth Geo. jd. cap. 8. Preamble. A quart of Grain rJlowed tor bull- ing lach bufhel. Penalty for milkr TeiJ' as (hall by their charter party be exempted from paying port charges) a duty of four pence per ton currency, for fo many tons as fliall appear by her regiftcr or othcrwire. Provided, That all (hips or veffels wholly belonging to any pcrfon that is a freeholder and inhabitant in this Province, fliall only pay threepence per ton, the faid duty to be paid before clearing the faid veffel, to fuch pcrfon or pcrfans, as (hall hereafter be appointed, by His Excellency the Lieutenant-Governor^ for that purpofc, who arc hereby authorifed to demand and receive the fame, and upon refufal of payment, to fuc for, and recover the fuid duty, before two of His Majefty's Juftices of the Peace, or in cafe the fame il .11 not exceed forty (hillings, before one Jiiitice. II. And be it further ena6lcd. That no vefl'el (hall be deemed a filhing veffel within the mean- ingof this Aft, excepttrpj (uch as flialUbe wholly employed in that bufincfs, nor (hati any vcH'cl be deemed a coaller excepting fuch as (hall be wliWly employed within the Province. Ilf. And be it further cna6ied. That every coafting veffel (hall pay in lieu of the faid duty at tlic rate of twenty fliil.'ings per annum, and one (hilling for every ton they may mcafure a- bove twenty tons, and no more, te be received and recovered in manner as aforefaid. IV. And be it further o.aOed, That all monies arifmg by the aforefaid duty, (hall be paid into the treafury of the Province, and be ap})licd towards the fijppert of the faid light-houfe, to be itTued for the faid purpofc, by warrant under the hand and feal of the Lieutenant-Governor, nr Commander in Chief for the time being, of the Province, and in cale there be more monies than is iieccffary for the fupport of the faid light-houfc, i he furplus to be applied to the ufes of the Government. For Aflt refpec ting this ful)jcifl, fee note on jjU Oco, id. c^p. a. c Preamble. Allveffcls.excep, cuaflers, &c. to pay aduty oiToiT pence per ton. Veflelsbelonginf; to Freeholders in the Province to pay three pence per ton. What veffels are deemed coafters, &c. Coafting veffels to pay aos. per annum, and ts. ptr ton, above tc tons. Appropriation oi Monies arifing ffcra this Adt. CAP, 354 C. IV-V. ■>x I Anno vicefimo o£lavo Giorgii ill. -CAP. IV. ^787 For Ai51s on tliis fubjciit r-e note on ift Geo. jd. cap. 14. rreamWe. Survcyois of l.iyi w;tys to or- der the iuh.tlii- t.mts iis often as they (lull dcini icctflaiy duiiny liie winter to woi k on the pub- Jii- hiphwiiys. IiO iiihubiuiit toiiipi.'llcd to woikniore than one (!ny for cacli U!l ufiliow. Penalty for fiich ;s ivliu'c tocbev, or rcgltct, lui'li • rdcr. I [ The Aft, of V'liich this is an awendr.ient, be- ing a icmjiorarv Si^ has b.en fuf- Jired tocxpiie. Preamble. Til all Albion? the defendant lo fill his demand as an otfsct four days be*"ore t!ic Sitting of the Court, or any time previous to the trial by Juflice. Provid-d t'nl if for want of evi- dence ihc defen- dant cannot I.rovehisdcnwnJ jj- may after- wards briijg hi 5 An ACT in amendment of an A<51, palled the Firft year of the reign of His prefent Majcfty, entitled^an \S: for the repairing and mend- ing Higliways, Roads, Bridges and Streets, &c. WHEREAS //;«■ pnl/Iic roads in many parts of ibis Province are frequently rendered impa^/Mt during the winter, by the depth offnav, and repeated falls thereof , to the great injurf of individuals, and inconvenience cf the puUic in general ; forraxcdy ivhereof : I. Be it cna6l^'dby the Idcutenant-Govcrnyr, Council and A (j'cinb'\'. That from ;intl after the firft day of January, tvhich will be in the year c;f our Lord one thoufand fevcn hundred and eighty-eight,, it fli-all and n-.;iy be hwful for ihe Surs'eyors of the Highways \\\ the rcfpcdivi^ tow nfliipr and diflric'is within this Province, to order and direct the inhabitants as often as thcv fliall de^m necofllify duringf he winter, to work on the public highways with their horfcs, oxen and flcds, in wdcr t!iat the roads may be rendered pafllible. Provided always Tuvcrthclrfs, That i.o ir.l.aLitar.t fli:i)I Ic ccir.pclled to furnifl; nirrc than one day's labour cf himfclf or cattle for any one fill of fnow, or wliere thefiil or drift of fnow fliall not exceed the depth of twelve inches. II. And be it further enacted. That every inhabitant rcfufinn; or neglecting to obey fuch or- der of the overfeers of liighways, fliall forfeit for each refufai or iicojlccc the fiini often fliil- lings, to be recovered before any one of His r»l.ijeft) '.; jufilces of tiic Peace, ard t!ie money fo recovered to be paid into tlie handsof the Surveyors of the Roads inthetov, i» ^•hcre fuch of- fence was committed, for the ufeof the road within fuch townfliip. ^ <■■ I ■' 1 I «■■ ■ -I !■■— — ■■»■ ■! I.' ■ .III ■ I all — ■-■-I I - ^P. ■ I ,■■■,- ^— ■■^.■— .. i....^.— .. . ■ ^1. ■ Ml. -—,.., ■ ■■ — — — CAP. V. An ACT for the more effcdually carrying mto execution the Provi- lions of an '\ 6t, made in the Sixth year of His Majeily's reign, entitled, an hdi to prevent the multipHcity of Law Suits. WHEREAS the Ad, entitled. An Acl: to prevent the Muitiplicity of Law Suits, has been found infifficient to prevent litigious and vexaticua erofs ailions ; for remedy ivhereof : I. Be it cnacled by the Lieutenant-Governor, Council, and Affembly, and by the authority rf the fame it is hereby inaded, I'hat in all a^ftions commenced in any Court of Record, or brought before any J ufticc of the Peace, on bond, bill, note, book account, agreement in writing, or any other allumption or proniife whatfoever, the defendant or defendants in fuch aclion fliall file his, her, or *heir account, receipt or demand, as an ofliset againftthc plaintiff or plaintifl's, with the Clerk of the Court, where fuch caufe fliall have been commenced, or Juftice of Peace from whom the f ummons or conipulfory procefs ifl'ucd, which account, receipt or de- mand, fliall be filed at leaft four days before the fitting of the faid Court, or at any time pre- vious to the tii'l before the Jufiiceof the Peace, and the faid Court and Jufl.ice, refpeclively, are hereby empowered and directed on ifTue, joined, to enquire into the merits of both de- mands on trial, and to give judgment accordinf '•;. II. Provided always nevcribelefs, Tiiat if the defendant or defendants for want of evidence, or any other unavoidable accident, fliall be unable to prove and authenticate his, her or their, accounts, receipt or demand, as ■'n ofiset, againil the plaintiff or plaintiffs, that then and in fuch cafe, the defendant and defendants may at a future period commence and profecute his, Jicr, or their, a:, flic or they, (the original defendant or de- fendants) Ihall at the time of the trial of the firll caufe notify the Clourt, and make affidavit ofthefamr, thathe, flie or they, have a juft and equitable, demand againft the plaintiff or plaintiffs, which for want of evidence then without the jurifdiclion of the Court, he, Ihe or they, arc unable to prove and authenticate. lil. Aiidbciifurlber cnoaed, T!i;'.t in all actions, which fliall here.iftcr be commenced and profecutcd, and wherein it may rppcar to the Court, tliat the plaintiff or plaintiffs in fuch action have had an opportmnty of pleadii.g his, her or tlicir demand, by way -'?,on penally ot' let. AN ra.-i;y ;vri'or.s to be ap- pi'''liendc>l,ind bound tofervi.e. Verfons convift- cd of clergyable fe'onies to be al- io bo-.ind. And mafters holding indcn- mres of fuch fer- vanis may aflign tlicli)nie with the approbation of three Juftices. JuRiccs in Sefii- i.ns to make fur- ther regulations refpefting ier- vants. former hwf rot Anno viccfimo fexto Georgii III. 1787 labourer, if it fliall appear, that any part of the fum due or fccured by fuch bond, note, bill, fpeciality, or agreement, was given for, or on account of any rum, or other fpirituous Ij. quors, the fame and every part thereof Ihall be void and of none effect, and all accounts or contrafts on which fuits fhall or may be brought againft any fervant or common labourer, in which (hall appear any charge made, dircdly or indirectly, for rum, or other fpirituous li- quors, the whole of fuch account or contrad fhall be null and. void, and the party fuing the fame fliall become nonfuit. V. And be it further enabled f That if any tavern-keeper, or retailer, fhall by himfelf, or any other perfon, buy, purchafe, or receive in pawn, any wearing apparel, tools or implements of trade or hufbandry, or any houfehold goods or furniture, made up from any fervant or com- mon labourer, fuch tavern-keeper or retailer fhall ferfeit and pay for every fuch offence, a fum not exceeding forty fliiilings, and the bargain, fiile or pawning, fhall be ipfofaElo void, and the articles lb purchafcd cr received, be immediately reflorcd, or double the value there- of, on pain of inipiifoiMnent, not .exceeding one month, at the difcretion oftiic Jufticeor J ufdccd before v/hom complaint fhall be made, and all pcrfons keeping a tavern or retailiivg fpirituous liquors within this Province, after the publication hereof, are always to keep a fair legible copy of this Act pafled or hung up in fomc public and confpicuous part of their houfe, under the penalty vi ten iiiillings, for each and every day's neglect thereof,to be recovered be- fore any Juflice cr JuRices of tlie Peace on the complaint of any perfon or perfons whatfoever. Andivi-reas it is become rcquifite, as iveH !o provide a more fuitable punijhmeni for perfons convi^ed cfclergyailcf'loiiy, grand liirceny, and other ojfences, as to bind out iofervice all vagabonds y difrderly and beggarly perfons : VI. Be it tkerefore enaclad^ by the authority oforcfaid,T\\'\\. from and after the publication here- of, all difor.'erly and beggarly perfons, who fhall be found ftroUing in any part of this Pro- vince, and who, on examination before three of His Majefty's Juftices of the Peace, fhall not be able to flicw any vifible means, whereby he or they obtain a fober and honeft livelihood,, it fliall and may bs lawful for fuch Juftices to commit fuch perfon or perfons to the next jail, or bridewell, and to provide a mafter or miftrefs for fuch perfon or perfon?, and to execute an indeniure or indentures in the ufual form to bind fuch perfon or perfons to any mafter or miftrefs, wlioliiall appear to hire him or them, for fuch term of time, and on fuch conditions as fuch Juftices in their difcretion fhall think fit, not exceeding fcven years, and all perfons convided of any clergyable felony, grand larceny, or other offences, in any of His Majefty's Courts of- Judicature within this Province, befides the penalty inflifted by law on fuch of- fenders may be bound out to fervicc as aforefaid, by order of the Judges or Juftices of fuch Court or Courts, and all perfons receiving indentures from the feveral authorities aforefaid, fhall be entitled to the entire fervice and labour of the perfon or perfons fo indented or bound, and all perfons having fervimti bound to them by the authority aforefaid, or by the voluntary aft of any fervant, inay fell or aflign the unexpired term of fuch fervant or fervants, and the afiignee or purchafer fhall be as fully entitled to the entire fervice and labour of fuch fervant as the perfon who afligned the fame. Provided fuch aftignment fhall be made in the prcfcnce of, and with the approbation of, three Juftices of the Peace, and fccurity given if required, not to carry fuch fervant out of the Province. VII. And be it further cnadcd, by the authority aforefaid. That it fliall and maybe lawful for the Juftices in Sellions for each and every County or Diftrift within this Province, and they are liereby diredcd from time to time to make further orders and regulations for the better go- vernment and more effeclual corr^clion of difobedient or refraftory fervants within their ref- pcdivejurifdictions, and aifo for die apprehending all run-away fervants, and conveying them to their pn^per mafters and niiftrefles. VIII. And bcit further enclatd fVlui all and every the former laws of this Province, rcfpeft- i7«7 Anno vieefimo odavoGEORGii III. C. VII-VIII. «57 ing mafters andicrvants or cither of them, fo tar as the fAmc or any part thereof arc not ex- pf^'S^be'S" prcfily abrogated or altered by this prefent Aft, fhall be conftrwed to be in fiiU force. tinued. CAP. VII. An ACT for regulating the manner of iffuing Procefs and Ex- ^i^^^^p^ ecution from the Inferior Courts of Common Pleas for the feve- ^^J'^.y^^/^^- . Counties in this Province, and alfo for altering the Form of the Sumn:\ons heretofore ufed. CAP. VIII. . An ACT in further addition to an Aft, palled in the Second Year ^"J,j;a'?ice°"nS. of His Majefty's Reign, entitled, an Ad for appointing Fire- ^;;p»^^'G«:o. aJ. wards, and punilliing Thefts and Diforders aftiie Time of Fire. WHEREAS the town ef Halifax is often in great danger of being burned, by reafon of t/je inhabi- tants negkcUng tofivccp and keep d-an their chimnies ; for remedy r^jhereof : I. Be it (iiatled, by the Lieutenant Glvcrnor, Conned and Afjembly, That from and after the publication hereof iffliall and may be lawful for the Firewards in th*^ faid town to ncminate iind lici-ncc fit and proper pcrfons to be fwecpcrs of chimnies, and no pcrfon or perfons fliall prcfume to follow fuch occupation or employment, unlcfshe fhall be appointed and liccnfedfor that purpofe by the Firewards, on pain of being fent to the houfc of correction, and there punifhcd as a vagabond. II. jlnd be it further hwMul, That it fliall aud maybe lawful for the Firewards in faid tovt^n to make orders and regulations rdpecling the I'wecping of chimnies in each ward, and to direct the fame to be done once a month at farthell, and oftencr if they fliall think proper. And in' cafe any fnc or fires fliall happen in any houfc or chimney within faid town, lb as to alarm or endanger faid town, or tlie Jioufes and buildings in the neighbourhood of fuch fire, and the occupants or occupant of the houfc or building, \vhefe fuch fire or fires fliall happen, cannot make it appear that tht chimney or chimnies of fuch houfc or building, has been fwept accor- ding to the rules and dlrcflions of the Firewards, by fome liccnfcd f\\tcpcr, he, flic or they, fliall forfeit and pay a line of forty fliiilings, to be recovered on the complaint of any one of the Firewards in laid town, before any Juftice of the Peace for the County of Halifax ; to be levied, by warrant of diflrefs, on the oficnder's goods and chattels, and, for want thereof, on Jiib body, and to be paid into the hands of fuch Fireward, to be by him applied to tke repair of the fire engines, or water buckets, or fuch other neccflliry ufes as the fafcty of the town, from fire, may require ; and any Fireward refufing or neglefting to give information, or to make complaint in fuch cafe, fliall forfeit and pay live pounds, to the ufe of the poor of faid town, to be recovered before the Jufticcs in Scflionsfor the County of Halifax, on the complaint of any inhabitant of faid town, being a freeholder or houfekecpcr. III. And be it further enatUd, That it fliall any may be lawful for any three of the Firewards, on view of any chimney, llovc, pipe or fmokc funnel, in faid town, which they nvay deem to be dangerous, and infufliciently built, or fecured, to prevent the rilk of fire, to order the fame to be removed, altered or repaired as they may direct, within twenty-four hours, or fuch reafonable time, whether longer or fliorter, as they maythink proper to allow. And if the occupant wr occupants of fwch houfe or buUding, in which fuch chimney, llovc, pipe or funnel, fliall be K a placed. Preamble. I'irewards'ofHa- litiix to appoint Chimney Sweep- ers. Firewards td nuke orders ref- peftinpfwecpiny chimnies. Occupuniofany houfe liable to jjay 4C3. for the' chimney catch- ine tire, if notre- giiurly iwept. #^ And Firewnrili negleaing to give intorniatio« to forfeit s\. Ciiimnev, ftove ''-^■P lipe or funnel, to It tiikon down or altered, if dan- gerous. ' ,::■ J'\ -^^:«i '■■'W^ '!-« 258 PirfoDJ ncglefl- ing to remofe tliemwhenorder- ed bv Firewards a Juliica ofPeace nv.iy Older them t ) bs poftiated as a n'jifancc. AfTeCnent to be made tor the pur- cliafe of Fire En- pines lor the ule of th&,tywn. Kot tnoie than J 5 pounds of pijwdertobckfpt in any houfe or iliup at oas tiiue. Materials in any any liuulCtilcc'm- eJ danf erous, to lie rcmnvcdia 14 lmiir3 i>t forfeit- ed. G. IX. Anno vicefimo odlavo Georgii III.' 17 If- placed, fhall negle£l to remove, repair or fecure, the fame as dlrefted, it fiiall and may be lawful for fuch Firewards to apply to any one of His Majefty'? Juftices of the Peace within faid town, and to three or more freeholders there, to view and examine the fame. And in cafe fuch Juftice, and every three of fuch freeholders,. Ciall agree in opinion with faid Firewards, that fuch chimney, ftove,.pipe ov. funnel, is likely to endanger the faid town, or any building in it ; and the owner or occupant of the houfe, or building, where the fame is, or fhall' be, placed, (hall* not then give to fuch Firewards good and fullicient fccurity to alter, repair or remove, the fame, as.they fliall direct, it (hall and may be lawful for fuch Juftice ro order the fame to be im- mediately removed or proftrated, as a common nuifance, and to iil'uc a warrant of dillrefs to feize and fell at public outcry fo much of the goods and chattels of fuch owner or occupant, as fliall be lufficieht to defmy the expence of the removal or proftration of fuch nuiHtnce. IV. Jnd be it further enabled. That the Juftices of the County of Halifax ihall and may, from time to time, make rates oV aifeflrmcnts on the inh'abitants of tlie faid town of Halifax, for pur- chafing, iind keeping in good order and rq)air, one or more fire engines, for the ule of faid town, to be kept in fuch part or partsof iaid town, under the diredion of the Firewards, as Ihall by them be deemed moft convenient ; the faid rate or aflefl'ment to be levied and collected in the manner the poor rates in faid town are-nowJevied and coUcd'ed, and under the like pains and penalties. \ V. And be it further enaBed, That not more than twenty-five pounds of powder fhall be kept, at any one time, in any one houfe, fliop or building, in faid town of Halifax, which powder fliall be kept in a tin caniftcr with a clofe cover. And it Ihall and may be lawful for atiy three of the Firewards to feize as forfeit for the ufc of the Poor of faid town, and to fell at public outcry any greater quantity of powder found by them, or cither of them, contrary to this Acb. And aUo order and uirect any pcrfon or perfons inhabitants of faid town to remove from his or their houfe, fliop or Inillding, any hay, fliavings or combuitible materials, w-iich they the faid Firewards fliall 11 nd fo kept, placed or fl.orccl, as in their opinion to endan- ger the fafety of fuch houfe, fliop or building, or any other building in faid town. And if any occupant or owner offucJi houfe, fliopor building, his'or their agent or factor, fliall refufe tu- negleft for twenty-four hours, after notice given, to remove fuch hay, fliaviiigs or combufti- ble materials, the faid Firewards are liereby empowered to Icizc and apply the fame to the ufe of the poor of faid town, as in cafe of a fcizurc of powder. n r f I ' t 1 frearable No rr.ii t"i rendeiiui of . • a piytie fii.n ai\% ■neni, on. On r ■■■ '>"■■■ fvitil...' <\i. IfSK, and '■;.). l^!c 're value ttieri. .'. CAP. IX... An ACT to prevent the circulation of bafe and counterfeit Half Pence, and other Copper Coin, and to eftablifli the current value of Englilh Crowns, Half Crowns and Shillings, in this Province. WHEIiEAS grc'i7t quantities- cf bafe metal under the denomination of half pence have been import- ed in this Prcvince, and are daily uftd in payment, to the injury of merchants and others ; for remedy ivhcrcof: 1. Pc it etacttd by the Lieutenant-Governor, Council and Houfe of Affcmbly, That from and after ihc publicatitn of this Act, no perfon or perfons whalfoever fliall import, vend, or krowi-;^':;ly and wittinp'y olfcr in payment, or circulate, any halfpence or other copper coin c thci ai ^n To a er ha" pence, or iuch copper coin as may and do legally pafs current in Great Brit.'.iijor ircland, on pain of forfeiting fuch bafe half pence and coin, and paying for the ufe of til ; poor of the mwn where fuch oflencc fliall be committed, a fum not exceeding double ihf r.iiount or nouunal value, of fuch bafe halfpence and copper coin, lb imported, vended, wflercd, i7«7 Anno vicefiino odtavo Georgii III. C. X-XV. H9 • offered in payment, or circulated as aforefaid, to be recovered on information before any two • of His Majefty's Juftices of tlic Peace, within the Town or County where fuch offence fliall be committed. II. Andbtritfurthtr enafled. That in future each and every Englifh crown fhall pafs current at five fliillings and fix pence, and every fuch half crown at two (hillings and nine pence, and every fuch fhilling at thirteen pence, and fo in proportion for the Icffer divifions of fuch coin. CAP. X. An ACT for enabling Commiffioners to make Sale of the PudHc Buildings therein named, for PubHc Uf s, and to ere£t on the lower Parade in the Town of Halifax, a commodious Building, and alio to provide or build a Common Jail. CAP. XI. Engli(h crowns to phTs at 5s. 6J. half crowns at :s. 9d. and fmall coin in proporti. on. This Aft, fave fuch parts of it as were executed n repealed by 3 7th Geo. jd. cap. I. For other Afl? refpefting public biiildinjjs, ice 30th Geo. ,^d. caps, 4 and 10. ,i7lh Geo. 3d. c;ip. I. 39th Geo. 3d. cap. 9. 40th. Geo. 3d. cap,4. .An ACT. in amendment of an A£l for eftablifhino: a public Market, TimAftrcpei ■' " . *^ , ^ «-'d by 39th Oc at the Market Houfe in Halifax, and for regulating the fame. a^-cap. i.fic al. eo. CAP. XII, An ACT for the relief of Robert Appleby, an Infolvent Debtor. '^^'^^^ \ exece- CAP. XIII. An ACT to raife a Sum of Money to repair the Public Road lead- Expia'd. ing from Halifax to Windfor, and lo caufe the Proprietors of Lands on each fide faid Roa ' to fettle the fame more expediti- oufly. rovnice. CA . XIV. An ACT for continuing in '•" nxe the feveral A6ls herein after Erpirei m itioned. i CAP. XV. An ACT for the eftablifliment of Fees, as regulated by the Gover- nor and Council, at the requeil of the Houfe of Aflembly. WHEREAS the Fees to be taken by the different offices in this Province for fervices by them refpec- Preamble., tivdy to be done ^ are not fufficientl) ■.yi.rtained ; to regulate anJe/iablijh them in future, and prevent any undue exadians or exorbitant demu.^Js, toucbing the fame : I. Jle it aia^ed, by the Lieutenant Governor, Council and Jfembljt, That no officer or other ko odiccr oro' pcrfon. 26o C. XV. Atino vicefimo oftavo Georgii III. 'I" ■ 11: kf < ' Sf '" 1 1787 take MY%e»tn V^^^^ o*" pcrfojfis whalfoevcr for any fervice or fcrviccs by him or them to be done and per- fee, fcc. tfian is formed in their refpeftive offices herein after mentioned, for any feCj perquifite or other re- andeftabhflicd. ^^^^t ^^^ cxaft, demand or receive, any greater or other fee or fees, fum or fums of money, than is, or are, herein after fet down, allowed and eftabliQied, for the £amc, that is to fay : Jud^e of Probate's Fees. . j^uJKe oi Pro- For probatc and rcgiftcring a will, adnjiniftration or letter of ffuardianfliip, each, Twenty ^'^''- fliillings. Krgifter's fees. Jufticei fees. Common Pleas. Juflices Feies. Citation and fervice, Three fliillings. Letters ad collegendum. Ten Ihiliings. Decree for diftribution, Twenty fliillings. Warrant of appraifement, Five fliillings. . / Regifter's Fees. For probate and regiftering a will, adminiftration or letter of guardianfliip, each. Twenty fliillings. Drawing bond, Three fliillings. Attending execution of ditto. Two fliillings and fix pence.. , Letters ad colligendum, Ten fliillings. Citation and fervice. Three fliillings^ Filing inventory, accounts, &c. One fliilling. iVll fcarches. One fliilling. Copy of will and probate, per flieet ninety words, Nine pence; • ^ . • Collating, Five fliillings. Copying inventory accounts, per flieet, ninety words. Nine pqnce. -. Certificate and feal. Six fliillings and eight pence. Decree for diftribiition. Twenty fliillings. Copy of citation, Three fliillings and four pence. . Warrant of appraifement. Five fliillings. . Every cxliibit, Four pence.. yujiices Fees, Ctmimn Picas. Entering every caufe, firfl: Juftice, Two Shillings and fix pence. Entering every caufe, afllftant Juftices, each. One fliiliing. Every caufe tried, and final judgment, firft Juftice, Six fliillings. Every caufe tried, and final judgment, afTiftant Juftices, each, Three fliillingj;; Summary caufe, the whole Court, Five fliiUings. Taxing bill of cofts. One flnlling. Taking bail at his own chan bcrs, Tv.'O fliillings. yuftices Fees, Ifluing M'rit or fummons, Two fliilUngs and fix pence. . Subpoena, Six pence. Judgment, One fliilling. Execution, One fliiUing. Every bt>nd or recognizance. One ihilling. Ever) affidavit in writing. One fliilling. Sending proceedings to Inferior or other Courts, One Shilling. Warrant ' J ' 7^7 •Anno viccfimo odlavo Georgii III. C. XV. 261 Warrant in trcfpafe, affault in battery, on conviAion of the offender, One fliilliiig. Acknowledging inftrument or deed. One fliilling. Every examination in affault in battcfy,on convidion of the offender, TwofiiiJlings and lix pence. Clerk*s Feet in the Supreme Court . Entering aftion, filing oath, warrant and Praecipe, the whole. Two fhiillngs and iixr pence Sealing and figning every writ, execution, or other procefs, One ihillin g. Filing every writ, and entering return. Six pence. Filing declaration, and all other pleadings, Six pence. Entering af earance. One (hilling and fix pence. Entering and filing every rule of Court, Six pence. Copy of every rule when given by clerk. Six pence. Swearing and impannelling jury. One (hilling. Swearing each witnefs or conftable, Six pence. Taking and entering verdift. One (lulling. Entering judgment. Two (hillings. A retraxit, or difcontinuance. Six pence. * Copies of all records, or pleading, each ninety words, 3ix pence. Every exhibit in a caufe filed in Court, Four pence. Attending ftriking fpccial jury, and copy of panncl to be given to each party, Five (hillings.. Taking affidavit in Court, One (hilling. Filing affidavit, each, Six pence. Searching the records. Six pence. Entering pvery default, Six pcncci Entry confeffion, leafe entry and ouiter. One (hilliog. Taking and filing fpecial bail piece. One (hilling. Drawing and taking every recognizance. One (hilling. Entering every non liiit, Six pence. Sealing and figning fubpoena. One (hilling. Continuance of every caulc. One (liilling. Filing the roll in every adlion, One (hilling. Taxing every bill of cofts. One (hilling. In every fummary caufe not tried by a Jury, in lieu of all other fees, including figning and fealing writ, together with the final judgment. Five (hillings. Writs of partition, writs of certioraries, and writs of error, the fees of the clerk to be as above dated, and none other. Clerk of the PeacCt hts Fee:. Drawing an indiftment, if found. Two (hillings and (ix pence. Every trial and judgment. Two (hillings and (ix pence. Every fubmiffion. Two (hillings and fix pence. Concordatum Fee, One (hilling and (ix pence. Every petition, and proceedings thereon. Two (hillings and fix pence. Ever^' caufe continued by traverfe, or otherwife, One (hilling. Every prefentment proceeded on, to be paid by the delinquent, Three {hillings and four pence. Certificate of adminiftering the State oaths, One (h^ng. Warrant from the Court, One (hilling. Every recognizance, each perfon. One (hilling. Difduur^^ng a recogtuzance, One (hilling., JH9rms' Clerk'sFeesinthe SupreroeCourt. clerk oF the Peace bU feci. 263 c.xv. W :i' Anno vicefimo o6lavo Georgii HI. Atlornles' Fees. n^7 I" .For writ, prxcipe, affidavit and ticclaration, Eleven flullingsand eight pence. Attoroies". fees, •f" ^'^ fummary caufes that do not go to a jury, for all other proceedings until final judgment, Eight fliillings and four pence. Retaining foe, in each caufe, above 20I. Ten flulHngs. Drawing affidavit of debt, One {hilling and fix pence. Every writ, fummons or other original proccfs, Five (hillings. Term fee, Five fhillings. Every declaration, not containing more than three flieets,at ninety words each. Five fliillings. Copy for fcrvice and filing each, Two fliillings and fix pence. Every common plea, replication or rejoinder, One fliilling. Copy for fervicc and filing each. Nine pence. Drawing every fpecial declaration, plea , replication, ■ rejoinder or other neccffary pleadings, each ninety words, One fliilUng. Copy to file and ferve, every ninety words, Six pence. Drawing brief, Five fliillings, Each copy for Council, Two fliillings and fix pence. Notice of trial copy, and fcrvice. Three fliillings and fix pence. Notice of taxing cofts, Two fhillings and fix pence. Drawing notice of exceptions to bail copy and fervicc, Tlircc fhillings and Ar. pence. Every contininincc, One fliilling. Every difcontinuance, or retraxit. One fliillhig. Attending, ballolting, or ilriking fpecial jury. Ten Ihillings. Attending taking every inquifition before Shcrifi", Ten fliillings. INlaking bill of cofls, Two fhillings and fix pence. Attending to get fame taxed. Two fliillings lAnd fix pence. Arguing ademurrcr,fpecial vcrdicl on motion for new trial or other fpecialmotlons,Ten fliillings. i id fee, Twenty fliillings. 1. v r.ving common rule in ejeclment, 'llircc fliillings. Copy, Tvvo fliillings. All other rules and copies, each. One Shilling. Every fiil^pcena. Two fliillings. I'^ery ticket and fervice. Two fliillings and fix pence. Travel per mile for icrvice, the fame as to Sheriff. Every execution, venditioni caponas, Vcn. Fa. Habeas Corpus, writ of error, writ of pofTeflion, writ of haben facias, and writ of enquiry, each, Six fliillings. JVIaking up iflue, every ninety words. Six pence. Copy for fervice, every ninety words. Six pence. INIaklng up records, every ninety words, Six pence. Engrofing the fame, every ninety words. Six pence. All other drafting and copying neccflary to be done by an Attorney in the conducing of a caufe, to be paid for, for every ninety words, Six pence. II. Be it further enacted, by the atiibirity aforefaicl. That in all caufes wherein judgment fhall here- after be given for the pIiintilT or plaintifls, all fees whkh fhall be p.iid, due, owing or payable by fuch plaintifFor plaintiffs by virtue of this Acl fliall be taxed again7 perform in (iich caufe. Sheriff's Fen. Serving every original proccfs, Two fhilHngs and fix pence. Travel per mile to be computed from the Court-houfe where theproccls is to be rctutttcd, Three pence. Rail bond. Three fliillings. Sunmioning a Jury in each caufe, Two fliillings and fix pence. Execution under 40I. per pound, Nine pence. From 40I. to icol. do. Six pence. Above lool. Four pence. Every deed. Five (hillings. Serving writ of pofleflion. Ten fliillings. Serving fcirc facias and return, 1 hree fliillings. Returning Special Jury, Ten fliillings. Bringing up a prifoner by habeas corpus, Five (hillings. Executing writ of enquiry, fummoning Jury and return, Ten (hillings. Attending prifoner before Judge, on any Ipecial occafion, Three fliillings and fix pence. Every member returned duly elefted to fervp in General A(rembly, in lieu of all other ct- pences to be paid out of the Trcafury, Thirty (hillings. 'Juror's Fees, For every caufe tried, each Juror, One fliilling. Fees for attending on a view, to be taxed at the difcrction of the Court. Slicriff's feci. For further repu- lation of Sheriff's fees, fee 35th Geo. 3d. cap. i. and the tempora- ry KSX, 40th Ceo. ad. Juror'a fcw. Witnejfes Fees. For attendance per day at Court, Two fliillings and fixpencc. Travel per mile, Three pence. All Clerks fees in the Inferior Court of Common Pleas ta be the fame as the Clerk's fees in the Supreme Court, and to be taken for fervices aftually performed, and none other. Crycr't Fees^ ■ For every default or non fuit, Four pence. Calling Jury in each caufe. Six pence. Every verdift, Four pence. Swearing every witnefs. Threepence. Every one difcharged by proclamation, Six pence. ' WitnefTes feea. Clerk's fees in the Inferior Court to be the fame as the Clerk oftheS\Xr prcme CourW Cryet'j fees. Conjlables Fen. Atic- -'.ing a Jury in each cnufc, One Shilling. Serving every warrant or fummoas, One Shilling, • Conlhb'fs fef 3. Summoning 964 c.xv. Anno viccfimo oiSlavo Georgii III. t5fU7 tl'f' Summoning a Jury by warrant from Coroner, and attendance per day. Two (liilllngs and fix pence. Travelling per mile, the fame as the Sheri'fF,. Three pence. .C/erke/lbeJ^tnibl/s/as, in private qffliin. Reading. and entering every petition, or other inftrUincnt in writing, One ShiUinj. lin.Syffi.'^'^" Reading every private bill each time, Six pence. The pcrufing an Act, or one day's minutes. One fliilling. Filtering every order, Six pence. Entering a report in the Journals of the Houfe, Nine pence. Engroffing every private bill, per fhcet, ninety words, Nine pence. The Clerk of the Aflembly's Fees to be taxed by the Speaker, provided no iiill Ix; called pii- vate which concerns counties, towns or precincts. ttoroner't fees, Refpeifling Coro- net's fees, il'o the 19th fee. of tl\c Appropriation Aa.thc 4ifl (Jco. nl. Coiontr's alio w- cd 20s. to for the fxpcnces o! bu- rying deccalcd it he has not ..ny goods. Clerk to examine imikonipiirc bills a'.id to ccrtily tlif Ume, and no bill tob^'charegd un- til allowed by a Judge. Attornicsto, dra w up the par- ticulars of bills of eoil and to file a io|)V of taxed bill in tlie Clerk's Ollice. Judcnnent roll to Lc iilsd Ik fore execution iiiiies. Any pcrfon tak- inf; greater fees tlijn liLfein ill- luucJ to fi^ifeit id. Profccu lions to bcbroucht in the County within ilX RjCiUhs. ■C»r oner's Fas. For ferving a writ, fummons or execution, and travelling charges, the fame as allowed tlis Sheriff. Taking an Intjucft to be paid out of the dcceafcd's eftatc. Twenty fliillings. And if no eftate to be paid by the feveral counties where the inqui 11 is taken. And wherever a Coroner {hall take an inqueftand the dcccal'cd lliall h.u cleft no <^ood.sc; effc(fls to difcliargc the expences of burying, the Coroner (hall bury him, and fhall bepaii.! twenty fliillings for the fame, out of the treafury ot the Province, priviJed the internienl is certified by tiic JulUccs in Seflion to have been decently pcrlormcd. W. And be it further cnaHed, by the authority aforcfaid. That the Clerk of the Court where any caufe fliall be brought, fliall examine and compare all bills of coft, i 'at it contains ho other or greater fees than is allowed by this AdI, and before any fuch bill or bills of coft, fhall be charged againft the plaintiff or defendant, the f\\d bill fo certified fhall be allowed and ligncd by.one of the Judges of the Court in which fuch caufe was brought. V. And he it further enadcd, by the authority aforefaid, 'i'hat at all times hereafter when any at- torney fliall receive the cofts due on any actions he fliall (if thereto required by the pevfbn paying the fame) at tlie time of payment, or at any time when demanded within fix months, draw up the bill of particulars and deliver tlie fame to the party who has paid, witli a receipt, aiid before he fliall iffue executions in any caufe he fliall file a copy of the fald taxed bill ol colls in the Clerk's oflice of the Court out of which fuch execution fhall iffue; and in cafcK where executions iffue out of the Supreme Court he (liall firft file thejudgmenfroU in the pro- per oflice and fliall upon the e:iecution rndorfe the real debr due. VI. Andb:' it further er.afh'd, by the authority aforefaid. That if any ofiiccr or oflicers, perfon or perlbns whonifoever, fliall exact or take any greater or other fees, in rcfpecl of any of the fervi- ces hcrein*ljcforc mentioned, than are afceit.iined or allowed by this Ad, he or they To offending fliall, for cacli offence, forfeit the fimiof ten pounds : onehalf thereof to the ufe of our Sove- reign Lord the King, liis heirs and lucceffors, for and towards the fuppurt of the Government (;f tins Province, and the other half to any one who fhall fue for the fame to effect; to be re- covered by aclion of debt, bill, plaint or information, in any Court of Record within this Pro- vince, with full cofls of fuit, and the party fo offending Ciall further pay double tlic amount of iiie exccHIve fees taken, to tJic.party aggrieved. VII. Prbvided akvays. That all aftions, profeculions and fuits, for the forfeitures and penal- ties incurred by virtue of this Aci:, fli^l be brought - ' coimnenced in the county where die 1789 Anno vicefimo nono Geohoii III. C. 1. the offence was committed, and within fix months from the time the offence or offences were committed, and not otlicrwifc. 165 11 Ix; called in i- as allowed tlte CAT XVI. An ACT for applying certain Monies therein-mentioned, for the ^Jj;' ^^ ««<=»• fcrvices oi the year one tlioufand fcven hundred and eighty-eight, and for appropriating the SuppUes granted in this Seihon of Ge- neral Aliemhly. CAT. XVII. An ACT to enable Winkworth Tongk, of Windfor, in the Coun- '^l^itJlf!;;;!;!!; ty of Hants, ECeen polled at this election, and that the place of my aljode is at So help me God." Or if Quakers, the teft or aflirmation to the fame effect, and all fraudulent conveyances of land, to multiply votes, or to qualify voters at elections, fubject to an agreement to re-con- vey the fame, fliall be taken againft the grantors, as free and abfolute, and all collateral fecu- rities for defeating fuch efi;atc fliall be void, and the perfon making fuch conveyances or voting by colour thereof, fhall focfcit ten pounds, to any pcrfim that will fue for the fame, in Tiny Court of Record in this Province, one half part thereof to any perfon or perfonswhc flull profccutc the fame to eifcct, and the other moiety to, and for the ufe of, the poor of the townfliip concerned in fuch election. ILJ/iiik it further eiuulcd, /ly the autbdrity aforefa'id^ That each perfon hereafter to be chofen !r789 Anno vicefimo rfot^ teEORGiilTI. 'di. 567 : to be chofen a Member of Aflembly, and each Eleftor at the time of giving his vott in any clecfHon, here- after to be held in this Province, fliall adually have an income of forty (hillings per annum, in real cftatc, or fhall have within the county or town for which he votes, or Ihall be elected for in his own right in fee fnnplc, a dwelling houfe, vith the ground on which the fame Hands, or one hundred acres of land cultivated- or uncultivated; fuch peifon or perfons, poffefling any one of the before mentioned intercfts fliall.be entitled 10 vote or be <;lectqd for the county or tow;, wherein +he fame Ihall be ifitiiiate, aliid perfoi.s holding «ny of the before-memioned pof- feflions by licence of occupation under the Crown, fliail have a right to vote, notwithilanding any defccl in fuch mode of conveyance. III. j4ndl>e it further cnaBed, by the autharity cforefaid. That every Sheriff, or other officer, to whom the execution of any writ for the elc6Hng any member or members to ferve in the General Affcmbly of this Province fliall be direfted, ind that act contrary or otherwife than by this Act is direfted, or fli;;!I return any pcrfon or perfons not duly elected by the majority of the free- holders, every fuch officer fliall forfeit the fum of two huntlred pounds, one third part thereof to the King, His lieirs and fucccfrois, one third part to the poor of the county or townfliip con- cerned in fuch election, the remaining third part thereof to the party grieved that will fue, for the fame, with colts of fuit, to be recovered in any Court of Record in this Pr(n'ince,'by a^ion of debt, bill, plaint or information. IV. And be it further enabled, by the authority aforefaidt^h-it-xny perfon or perfons who fliall at the requefl: of any candidate, at any fature election, furnifli any meat, drink, or entertain- ment of any kind, during fuch candidate's election, to any freeholder, or body of freeholders, or to any other defcription of people, fuch perfon or perfons fo furnifliing the fiime fliall be to- tally dilabled and prevented from recovering from fuch candidate, or from any of his friends, any reward or payment whatfoever for fuch entertainment, or any part thereof ; and if any perfon or perfons fliall fue any candidate, or any of hisfr lends,, for the whole or any part of the cxpences of fuch entertainment, it fliall and may be lawful for the Judges of the Court wherein fuch fuit fliall be brought (on due proof being made that fuch demand arifes for and on ac- count of the entertainment of the freeholders, at or during. any election in this Province) to order the party bringing fuch fuit, to be nonfuited, and to enter judgment accordingly. Pro- vidcd always. That nothing herein contained fliall extend to prevent any perfon or perfons from recovering from any individual perfon the value of fuch entertainment as he or they may, dur- ing an election, furnifli, or provide for fiich individual perfon for his own ufe and at his own fpccial inflance and requcft. V. And be it further ena^ed, by the aut/.oriiyaforefaidf Tlmt any perfon or perfons who fliall bribe or corrupt any freeholder or freeholders at any election within this Province, fuch perfon or perfons fo oflending fliall fufl'er all the penalties prefcribed by the laws of England for fuch offences. VI. And be it further ena^ed, by the authority afore/aid. That the Sheriff", or his deputy, at the opening the poll each day, fliall read this Aift,and no other oath, favc as herein before directed, fliall be required from any voter at any election hereafter to be held in this Province, nor Avail any religious teft be required from fuch voter, liberty of confcience being one ^mongft many other bleflings conferred on this Province, by our Moft Gracious Sovereign. VII. And be it further enabled. That the poll for any one election fliall not be kept open more than fix days, after which time it fhall and may be lawful for the Sheriff to clofe it, and return the Candidate who fliall then have the majority of votes ; and that for each day the poll fliall be kept open the Sheriff fliall be entitled to receive from each Candidate the fum of ten fliiUings, to be recovered by aftion of debt before any one Juftice of the Peace for tlje .' county in which theelcdion fliall be held, and if a fcrutiny is demanded, twenty fliilHrgsfoT); ' .■ iai ,»tx-«t- . .hi* If a fraudulen conveyance*, to fortcit lol.lialt'lo Pmvincc, half to the Poor. EHch Voter t» have an income lit 4JS. r-'-T ann. from laniucd pro- perty." Slicrlfl: making faife return la forfeit aool. Appropiiation df line. F.xpenceof en- tertaining voters forany candidate not recoverable by lau-. Bxponceofenter- rtainment.furni!- cd any individual during an eledi- on, recQverable. Rribing of free- holders. ThisAi5t 10 bi; read each day o." Polling. The Poll to ctn- tinue but fix days Allowance 10 the ' Sherifl". a68 C. U-IV. Anno vicefimo nono Georgii III. 17S9 his attendance om it, each day, to be paid by the Candidate demanding it, and to be recovered as aforeiaid. This Aft aher ed by 3»d Geo. id, cap. 9. CAP. II. . An ACT for altering the Times appointed for holding the Court of This AA altered by 37th Geo. 3d. cap. 5. Common Pleaa, and General Seilions of the Peace, in the Diftri<% of Colchcfter. CAP. Ill An ACT for altering the Times appointed for holding the Court of Common Pleas, and General Seffions of the Peace, in the County of Sydney. Preamble. Annual allow- ance for the Col- lege. Chargeable on ihe duties on {u- car, and, ifinfuf- ncient, on other ai ticks. Coftmm of the CoJ!<;gC. CAP. IV. An ACT for founding, eftahlifhing and maintaining, a College in this Province. WHEREAS i be permanent e/iabiyhment and effcSluai fupport ofaCollegeatWindfor,may, bf the blejjing of Gody becime ef the greateji public utility to this Province, and to His Maje/iy't neighbouring Colonics r I. Be it therefore enabled, by the Lieutenant-Governor , Council and Affemblyt, That a fum not ex- ceeding four hundred and forty four pounds, eight fhiliings and ten pence half penny, current money of Nova-Scotia, equal to four hxmdred pounds, fterliiig money of Great-Britain, fhall be yearly, and every year granted, allowed and paid by, from, or out of, fuch monies as may from time to time be collected and paid into the public Treafury of this Province from the du- ties impofed, or to be impofcd, on brown, and loaf or refined, fugars ; and in cafe fuch duties are not fufficient to anfwer the faid fum at the days and time of payment thereof; then by, from, or out of any other ai«iv, fupplies or taxes not otherwife fpccially approprbted to oth^r ufes ; which fum of four hundred and forty four pounds, eight fliillings and ten pence halfpenny, Ihall be drawn by warrant, under the hand and feal of the Governor, Lieutenant-Governor, or Commander in Chief for the time beinor, on tlie Provincial Treafurer in the way ufually praftifed in equal quarterly payments ; the firll quarter to commence the lirft of January, one thoufand feven hundred and eighty nine, and to be drawn for on the firft of April, and fo on from quarter to quarter, as the fame fhall grow due, on the requifition of the Governors of the faid College, or the major part of them, as herein after appointed, for or towards the main- tenance and fupport of the faid college, and the payment of the falaries of the Prefident and ProfcfTors to be by them appointed. II. And be it further enabled, by the authority aforefaid. That the Governor and Commander in Chief of the Province of Nova-Scotia, for the time being ; the Lieutenant-Governor, for the time being; the Bifhop of Nova-Scotb, for the time being; the Chief Juftice, for t^e time be- ing ; the Secretary of the Province, for the time being; the Speaker of the Houfe of Aflenibly, for the time being ; His Majeily's Attorne> General, for the time being; and His Majefty's So- licitor General, for the time being, (Ivall be Governors of the faid college. m. 1789 Annovicefimo nono Georgii III. i^' vcrnors. Appointment of Profcflbrs, III. And be it further enaeiedy by the authority afere/aidy That for the better n)anagement and Iheft'^^P^T'j]*^. regulation of the faid college, and the more full and complete executing the p'lrpofes of this Governors of Aft, the faid Governors, hereby appointed, fliall be z body politick and corporate in deed, and ^j'Now^°ut,a! • name, and have fucceffion for ever by the name of " The Governors of King's College of No- " va-Scotia." and by that name fliall fue, and be fued, implead and be impleaded, in all Courts and places within the Province of Nova-Scotia ; and they, or the major part of them, fliall ^^j^^^aws uf have power to have and ufe a common feal, to be appointed by themfelves, and to make bye common ieai, & laws and ordinances for the regulation and general management of the faid college, and to receire for'thc aifemble together, when and where, and as often, and upon fuch notice as to them fliall (eem ufeof theCoilegc meet, for the execution of the truft hereby repofed in them ; and fliall alfo have full power °** * *" ' and capacity to purchafe, receive, take, hold and enjoy, for the ufe and benefit of the faid col- lege, and the purpofesof this Ac't, as well goods and chattels, as lands, tenements and heredita- ments, an/ law or ftatute to the contrary thereof notwithftanding. IV. And be it further ena^ed, by the authority aforefaidy That the Governors of the faid college. Duty of the Go- fo appointed and incorporated by this Aft, or fuch major part of them, at any general meeting aflembled, fliall from time to time, and as they fliall think fit, make and eftablifli fuchftatutes, rules and ordinances, for the inftru<"ion, care and government, of the ftudcnts, and for the care and prefervation of the books, furniture and other property, belon^ng to the faid college, as to them fliall feem meet, and fliall And may in like manner nominate and ap- point the Prefident and Profeflbrs (the Prefident always to be a clergyman of the eflabliflied Church of England, duly qualified for that office,) to whom the tuition of the {Indents in the faid college fliall be committed ; and alfo to appoint fu . .- Oilicers and Servants from time to time, as the liiid Governors, or fuch major part of them, may think neceflary, and afllgn to them refpeftively out of the faid fum of four hundred and forty four pounds, eight fliillings and ten pence halfpenny, annually granted by this Aft, fuch falaries and allowances as they fliall think fit, and fliall and may in like manner fufpend or remove the Prefident, Profeflbrs, Officers and Servants, or any or either of them, for mifliehaviout or negieft of duty ; and "<^ ^ « rn- Prefident, Profeflbr, Officer or Servant of the faid college, unlefs in cafes of ficknefs, fliall abfent fenam, toablvpt themfelves from their rfepeftive duties, without the exprefs leave of the Governors, or the |"'^«"' without majority of them, who are hereby authorized to appoint a deputy or deputies to nU the office of liich Prefident or Profeflbr in fuch cafes, and to appropriate a part or the whole of tlie falary of the Prefident or Profeflbr, abfent as aforefaid, for the payment of fuch deputy. V. And be it further enaded, by the authority aforefaid. That befides the four hundred and forty- four pounds, eight fliilUngs and ten pence half penny, hereby annually granted for the pur- pofes of the faid college, it fliall and may be lawful for the Governor, or Lieutenant Gover- nor and Commander in Chief, at the requifition of fuch major part of the Governors of the faid college, to draw by warrant from the Treafury of this Province, a fum not exceeding five hundred pounds, to enable them to purchafe fuchhoufe, lot of ground and prem'.fes, in the townfliip of Windfor as they may chufe and think requifite, and proper, for the purpofe of founding and eftablifliing of fuch college. VI. And be it further enaded. That it fliall and may be lawful for the faid G -vernors to pro- oovernors to vide a perfon, well and fufllcicntly qualified, to aft as a temporary Prefident, und alfo a perfou cr provide a tempo- perfons, well and fufliciently qualified, to aft as temporary Profeflbrs, who fliaU be immediately Pr'oftdors.^until employed in the education of youth ; and the faid Governors fliall and may continue to apply f'ufiicientbuild- fuch parts or fliares of the faid fum, herein befglre granted, for the payment and fupport offuch andachaitcrob- tcmporary eftablifliment, until a fuHicient building fliall be ercftcd, and a charter obtained M^eftv*^""' "'* from our Moft Gracious Sovereign to authorize the opening offuch college in due form. Grantof5ool. to pui cliafe a houle &c. in Windfor, for the College. CAP. I 270 C. V-VI. For Afli in a- m-rdment of this A(ft fee 36th Oeo. 3d. cap. J. Prcarabk' Time of holding the Inferior Court at Yar- mouth. Wl .aws ex- tliefanie. Anno vicenmo nono Georgii III. CAR V. ^.7^3 t'f An ACT for eftabllfliing the Times of holding an Inferior Court of Common Pleas, and General SefTions of the Peace, in the Tow ilhip of Yarmouth. WHEREAS i/jg want of roads., and the dijlantt between the townjlnp of Shclburne, and townflj'tpt of Yarmouth and Argyle, in the county ofShelburne, renders it inconvenient for the inhabitants., refident infaidtownfhips., to attend at the Inferior Court of Common Pleas., and at the General Sejfions cfthe Peace., held at Shelburnc ; for remedy whereof : I. Be it cna^ed, by the Lieutenant'Governor., Council and Affcmbly., That an Inferior Court of Common Pleas, and a Court of General Seffions of the Peace, Ihall and may be kept and held within the townfliip of Yarmouth, in the county aforefaid, on the firft Tuefday of April, and laft Tuefday. of Odobcr, in every year. II. And be it further enaUed., That all and every the laws of this Province, rcfpefling the bal- lotting, fummoning and attendance, of jurors, ordering and taking of bail, the fervice of writs and executions, or which relate to order, and direft, either practical or judicial proceedings of the Courts of law in this province, fhall extend, and be conftrued to extend, to the faid In- ferior Court of Common Picas, and General Scflionsof the Peace, in the faid townQiip of Yar- mouth. i'or Al^s ref- pecling Com- mons lee note on .utliGeo. ad. cap. II. Freanible. Proprietors to meet once a quarter, on the Older of the U'ruftees. Empowered to chufe a Clerk to enter and record all votes and or- ders lelative to fhe Common. CAP. VI. An ACT to enable the Inhabitants of the Town Plot of Dartmouth to ufe and occupy the Common Field, granted them by his Excel- lency the Lieutenant-Governor, in fuch way as they may think moft beneficial to them. WHEREAS M Excellency thetieutenantGovermr bath granted a certain trail of land adjoin- ing to the town plot of Dartmouth, to the inhabitants thereof for the time being, for the pur- pofe of a comtnon f eld, for feeding cattle, ^c. and as the intention of faid grant cannot be carried inti cffeEl, without the aid of a law for that purpoft : I. Be it therefore ena^ed, by the Lieutenant Governor, Council and AJfembly, That it fhall and may be lawful for the proprietors and perfons intercftcd in faid common field, to affemble in fuch place in faid town, as the Truftees named in faid grant fhall appoint, once in every quarter of a year, and one or more of faid Truftees are hereby impowered to grant an order for fuch meeting, directed to one of the Conftables for the diftricb of Dartmouth, requiring him to notify the proprietors, and others intercfted in faid common field, of the meeting, and the time and j .ixc for the fam«, which notification fhall be given in writing pofted up in fome public place within the town aforefaid, five days before the day appointed for the meeting, and fuch and fo many of the proprietors and perfons intercfted in faid common field, who fhall be afTcmbled and meet accordingly, fhall have power by a majority of votes, to chufe a Clerk to enter and record all votes and orders that from time to time fhall be made and pafTed in faid meeting, refpefting the faid field and the management thereof, who fhall be fworn to the faithful difcharge of his ofllce, and alfb to pafs orders for the managing and improving faid common field. Aiuifor the better enallin^ the faid propriettrs and perfons interejltdin faid common field, to fence mid improve the fame : H «7'89 nySg^ Anno vicedmo nono Georgii III. c. vir. lej/tons II. Be it further ena^ed^ by the authority afore/aid. That the proprietors and perfons interefted in faid common field, that by cither of the truftces for the time being may fue, commence and profecute any fuits or actions (refpecting the management of f^.id common field) in any Court proper to try the fame, and in like manner to defend all fuch fuits and adions that fliall be commenced againft them, and the faid proprietors and perfons interefted in faid common field are hereby impowered at their quarterly meetings to order the raifing of any fuitable fum or fums of money, that fhall be by them thought fufficient ta carry on and profecute, or' de- fend any actions or fuits that may be brought by or againft them, or for the carrying, on or managing any affairs relating to the faid common field, and to appoint three of the proprietors aforefaid, to proportion fuch fum or fums, as fhall be thought occcfTary to be raifedforthe ends and ufes aforefaid, upon the proprietors and perfons interefled therein, and to appoint a col- lector or colleftors to gather in, and colledl the fame, which collector or coneiJlors fhall be and are hereby fully authorized and empowered to levy and collect the fum or fums fet, and ap- portioned for fuch proprietors, to pay, in the fame manner as the collector or coUeftc in the town of Halifax are impowered to colleft the public taxes ; and to pay in the 'iic to the clerk of faid meeting, (who is hereby impowered to grant warrants for levyi. ; and collerevidcd fuch penaltie s do not exceed fifteen {hillings for one offence. Provided a/fo, That fuch orders lb made are not repugnant to the general laws of the Province ; faid penalties to be recovered before any of His Majelty's Juftices of the Peace for the county of Halifax, and to be difpofed of as fiiid proprietors fliall order or direct, any law, ufage or cuftom, to the contrary notwithftanding. Provided ahvays. That this Aft, nor any thing therein contained, fhall ■ be conftrued to impower faid proprietors, or the truftees,- to alienate f^iid common field, or any part thereof, or to affefs or levy any money on any com- moner, who fhall not ufe his right of common, or on a.iy commoner, except in proportion to the beafls l»e may depafture there, and the benefit .' c may derive from faid common field. GAP. VII-.. »yt Trufteet lo fue, or defend fuits for proprietors, > refpe^ing tho Common. Mode of raifing- money for de- caying expenci; ofI.awSuil8,&c.. Fencing of Cjm- mon, Rules and orders relative to the fen ;e of the iiiid Common, not t» bi. repugnant ut the Laws of the Province Proprietors or Truftees not to alienate the com- mon, or to Jcvv tH.xes on fuch proprietors as do not ufc the com- mon. An ACT, in amendment of the feveral Ads pafled in the Firft and Twenty-Eighth years of His Majefty's reign, relative to the repair- inghi'gh'vuy? '' ing of Highways, Roads, Bridges, &c. lee nu'e on ill Ceo. 3d. cap. 14 WHERE AS the read leading from the town of Halifax to the t^wit of Annapolis, is frequently Picamble. rendered inconvenient to pafs, from the great depth offnow, and the injudicious manner of ufing the faid road ; for remedy "whereof. I. Be il enabled, by the Lieutenant-Governor, Council and J ffembly. That from and after the publica- of sleds paflin <• tion of this Aft, all loaded fleds, or fuch as are conftruftedto carry loads, going to, or com- J"'"'^' f'""' ^Ja- ingfrom, the town of Halifax, or ufingany part of the road leading as aforefaid, and which polia, conihua' fhall be drawn by more than one horfc or ox, fhali be in breadth from outfide to outfide of ||d^»ur cjirymg tlic 272 Pe-^«ltyfor difo- bcying fiud A&, 1 09. Sleds uTtd in oilier Cuimties, to be 4 tect wiilc. C. VIIMX. Anno vicefitno nono Georoii III. ^789 the runners, not Icfs than four feet, and that the horfes or oxen dravirg the fam^, Ifudf be haniefled or yoked in fuch manner, that thsy draw two and two, fide by fide of each oth«r II. Jind be it further ena^JedyThMzny perlbn dilbbeying this A^y fliall forfeit the fum of ten Ihillings for each and every offence, to ^e recovered before any one of His Majefty's Juftices of the Peace, and the money fo recovered to be appropriated to thcule of the parfons informing and profccuting the fame to effeft. in. jind be it further enailed, That all flcds v hich fliall hereafter be made ufe of in any of the fettled townihips of this Province, (Halifax excepted,) flull be no lefs than four feet wide as aforefaid, and any perfon ufingaflcd of lefs dimenfions, fliall forfeit and pay for each and every offence, a penalty of ten fliillings, to be recovered and applied as aforefaid. I f Hi Rcfpcfling tref- piinc!!, fee note on ;,id.Gco. »d. cap. 14. Penalty for any perfun found in any enclolbd fiild in the pe- ruii'ula ot' lluli- Ikx. Fine for cutting; or carr lads or or carrying off ■foiL For A /icefimo nono Geohoii III. 1789 on conviction forfeit and pay the fum of twenty fliilHngs per barrel^ for each and every bar- rel fo removed, the fame to be recovered on the oath of one creditable witneit before any one of His Majelly's Juftices of the Peace, and applied to the ufe of the poor. III. And beitfurib*rtnaai(U That all mafters of vefleU carrying merchantable dried filh to any European market, or any kind of pickled fiOi to any foreign nurl^et, flull be obliged to produce the certificate of the fworn Culler of dried fiih, and the certificate of the fworn Sur* vcyor of pickled ii(h, to the CoUedor and Naval Oiliccr of the port where bis veflel ihall be la« den, before he can obtain a clearance. IV. And be it further enaflcd^ That all falmon tierces (ball be made to contain forty-two gaU Ions at lead, and not leis than two hundred and eiglity pounds of fiih, exdufivc of fait and pickle. V. And be it further enabled. That in future all pickled (iOiihall be packed in barrdb contain- ing thirty gallons, and no lefs, any law, cuftom or ufage, to the contary notwithftanding. VI. And be it further ena^ed. That if any Surveyor of fifli or lumber of different kinds, fhall pafs any fifh or lumber as merchantable, which is not merchantable, or fliall refule or neglect to do with fuch unmerchantable fifli, lumber, hoops, ftaves, fhingles, clapboards, or any other fpecics of lumber, what the A^, of which this is an A6t in amendment, dire(fts, fuch Surveyor, fhall forfeit and pay the full value of the fi(h or lumber, of any kind, which he ihall fo pafs as merchantable, not being fuch, or which he (hall ne^ecl or refufe to deftroy or difpofe of as the law requires in fuch cafes, the fame to be recovered before any one of His Ma- jefty's Juilices of the Peace, and applied to the ufe of the poor. CAP. XII. ?or Afls 1 efpetl. courtfii^rnote All ACT to providc for the better fupport of the Puifne Judges of ccfid! «p.t His Majelly's Supreme Court. KxfiorMtioii of ViJh, rcgulitted. Size of Salmon Tietcc. Size ol bivrrel for fiiciilcd FiAi. Penalty for Sur. vevors tranfgref- tum lUii Ai\. FreaniUe. WHEREAS the independence anduprightnefs oftlx Judges are effential to tht in^rtial adminiflra- tion ofjujiicey and has ever been conftdtred as one of the be/ifecurities tfihe rights and liberties of the Stihjitl, in order therefore to make afuitable provifionfor fuch appoint! tents and ejlablijh the permanency thereof '- I. Be it enabled, by the Lieutenant-Governor^ Council and AJfembly^ That there fliall be paid an- tudgesof'theSu^ "ually tothc two Puifnc Judges of the Supreme Court, during their contijiuance in oiliccand prenie Court. rcfidencc in the Province, the fum of four hundred pounds currency each, which faid fum fliall be paid out of the public monies in the Treafury, by warrant from the Governor, Lieu- tenant Governor, or Commander in Chief for the time being, on the Treafurer thereof. Removal of the H- Provided always. That nothing herein contained, fhall extend, or be conftrued to extend. Judges. to change the nature of His Majefly's commilBons to fuch Judges, but the Puifne Judges fliall be removed at the pleafure of His Majefly, or upon the joint addrefs of the Council and Af- fenibly, to the Governor, Lieutenant Governor, tx Commander in Chief for the time being. Expired. CAP. XIIL An ACT for coniinuir J and amending the feveral Adis for fuppref- fing unlicenfed Houfes, and for granting to His Majefly a Duty on Perfons hereafter to be licenfed. CAP. 1789 i7«9 Anno vicenm'^ nono Gboroii III. CAP. XIV. C XIV. ^75 CAP. ^n ACT for the better fupport of the Poor in the rerpcf the duties of the time being, fliall render a juft account, and pay iwto the hands of the Trcafurer of the Province all fuch r on"es received by him or them, for the duties collected in purfuance of this Act, within thirty d-.ys after receipt of the fame, under penalty of fifty pounds for his or their ncglccT:, w liich duties (hall be applied to the relief of the poor of the county or town where the fame (Iiall be collected. VI. And be it further enailedy That all forfeitures and penalties incurred by this Act, fliall bt- ap- propriated one half to the informer, and the other half to the ufe oi .ho poor of the county wherein the fame is collected or recovered, the forfeiture to be rccincied, on comjilaii-t or proof, before any one of His Majefty's Jufticcs of the Peace, and the penalty by a<"fion'<)f de'.;r, bill, plaint or information, in any Court of Record within ihjb Province. . VII. Pican.l.le, Duty on articles impurted fVnm th« United 5iat«» ravmcntufdutv. Articles landed wiihrnitpavment of dut^ t'orlcitcd. Poifiins landing of fjootis before Duty be paid\o ii^ricit jol. Dulles colleilcj, to be accounted Approt^riatior. of 2jC Ixptrcd. Bxpirtd. Ixecuted. C. XV-XVII. Anno vlcefimo nono Geokou III. 1789 VII. jtndh it further tnailtd^ That thii Ad (hall continue in force unt^lthe tltirty-firft day of MiFch, one thouiiind feven hundred and ninety.* * This AA ii coniinucd by tmnl fubfequent Mm to ihi priftni day. CAP. XV. An ACT to provide for the fupport of His Majcfty*8 Government in this Province, by amending and continuing the feveral Laws for raifmg a Revenue, as are herein after particularly mentioned and cxprelTed. GAP. XVI. An ACT for continuing in Force the (everal A^s herein after mentioned. CAP. XVII.. An ACT for applying certain Monies therein-mentioned, for the fervices of the year one thoufand feven hundred and eighty-nine, and for appropriating the Supplies granted in this SeiTion of Ge» neral Aifemblyj^and for funding the Province Debt. I79< ■■i 1790 Anno triccfinio Geo noil III. C. I. *77 At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Fifth Day of December, Anno Domini 1 785, in the Twenty- Sixth Year of the Reign of Our Sovereign Lord George the Third of Great-Britain, France, and Ireland, KING, Defender of the Faith, 8cc. and there continued by feveral Prorogations until the Twenty-Fifth Day of February, Anno Domini 1790, in the Thirtieth Year of His Majefty's Reign, being the Fifth Seflion of the Sixth General Aflcmbly convened in thefaid Province.* *In the time of John Parr. Efq.OoTcrnori Henry Newion, Prerident of Council ( Richard Joba UoiacLe, ^pcalui James Oautitr, tacictary vf CMBcil { and Jaraci B. Fraaklio, Clerk of Aflcmbly. CAP, I. An ACT to amend the Ad, entitled, an Ad for appointing Fire- wards, and afcertaining their Duty, and for puniOiing 'fhct'ts and Diforders at the Time of Fire, and alfo in amendment of the feveral Ads made in amendment or addition to faid recited A6t, f^-xiu omKiv and to extend the feveral Provifions, therein contained, to the JiJ'^^f/ i^^^^^l Town of Shelburne* "^•^' WHEREAS thtjineoffertyjhilltnitnoio impofedonperfont negleHlngtofivcep their chimn'us has Preamble. btenfeund too high : L Be it there/ore enacled, by the Lieuteiumt Governor., Council and Aftmblyt That from and after the publication hereof the faid fine fliall be reduced to the funi of ten (hiUings only, the fame to be recovered and applied in the manner and form directed in, and by the fatd re« cited Ad, and the feveral Ads made in amendment thereof, or addition thereto. 'And whereas the number ofjirewards to be appointed by virtue of /aid recited A£ls are found to be infufficient : II. Be it therefore ena^edtThTut from and after the publication hereof it fliall and may be law- Fine of 4^^, for not iv.ceping Cliininies tcdi\- cci CO lu*. fill for the Julliccs in their Sellions to nominate and appoint any number of lit and proper one perfons to difcharge the duty of firewards, as in and by laid recited Afts arc direded. Provided the number uf i'uch firewards fo to be appointed fliaU not exceed fifteen, any law, ufagc or cufiom, to the contrary notwithftanding. And whereat it is found expedient and neccjfary, that the feveral provifions in faid recited A^sflioukl be extended to the town ofShelburne : UL Be it therefore enaSed, That from and after the publication hereof, the feveral matters, claufes Jiiflices in Siil^- to u|ipn;p.; net excceiiii'.g iiu>.-:nl'irc'AaiJ:> ^8 C. IMIf. Anno tricefimo Georgii III. K} • 1790 A(.'>s rerpedling 1-ircv.ardi cx- daufes and things fpecified and contained in faid A-'t, entitled, An Aft fbr appointing iirewards, and afcertaining their duty, and for punifhing thefts and diforders at the time of fire, and bu'rnef '" ^^^^' contained in this Aft, and the fcveral other Aftsin addition to, or amendment thereof, fliall be, and the fame is hereby extended to the faid town ofShelburne, and thejuftices in their Sefllc ns, Juftices of the Peace, firewards, and all other perfons whatfoever, within the faid town ofShelburne, (hall hereafter be bound thereby in as full and ample a manner as iif the faid town of Shelburne had been originally named therein. CAP. !!• ;(>!?R^'(;' For Aflsrcfpeft- ing Rates, ice riote on 5th Geo. 3d. cap. J. Preamble. iin ACT in amendment of an A£t, entitled, an A<2t for the more fpeedy and effedually colleding fuch Town Rates and Taxes as may be afleffed on the Jnhabitants of the Town of Halifax. WHEREAS by an A{1 pajfed in tht twentieth year of His prefent Majejiy's reign, entitled. An Aft for the more fpeedy and cfFeftually collefting fuch town rates and taxes as may be afleffed on the inhabitants of the townfhip of Halifax, //j? Co//f;i:. CAP. 179^ Aimo t^iciefimo GeorgiiIII. CAP. IV. C. IV-V. 379 An ACT to authorife certain Commiffioners^to difoofc of the Building ^^^.^^^ ^^^^ wherein the General Affembly now fits; and alio to adjuii the Debt "d" •= due from the Province to the Public School at Halifax. )er, notex- Freamble. CAP. V. An ACT in amendment of an Ad relating to Wills, Legacies and Executors, and for the fettlement and diftributionof the Eftates of JbJelfirn^S Inteftates, and to enable Executors and Adminiftrators the more ".p/f,?*"* **** fpeedily to fettle the Eftate of the deceafed. W HEKEAS from- the tugk^ of creditors in giving in their claims or demands againji thebaic of the deceafedi it frequently happens executors and adinini/irators are prevented making a fettle- ment of the efiate of the deceafed within a reafonable period : I. Be it therefore ena^ed, by the Lieutenant Governor^ Council and JJimbly, That from and after tlie publication of this Aft, it Ihall and may be lawful for every executor or adminiftrator liaving fued out Icttert' teftamentary or fetters of adminiftration, at the expiration of two years and fix months, from the date of faid letters, &c. to pa) all ftieh debts, dues, and de- mands as fhall then be exhibited, fo far as the real or perfonal eftatc of the deceafed in his hands will enable him, and after the payment of fuch debts, dues and demands, if there fliall remun any overplus, to make fuch further diilribution of the fame, as by law, of by the laft will and teftament of the deceafed, is direfted. ,\-j3'it.iv. ■ , \ II. And be it further ena8cd^ That every executor and adminiftrator, previous to the payment of debts or diftribution of the eftate of the deceafed, Ihall by advertifemcnt in the public news paper or papers of the Province, and in one of more of the public news napers of the city of St. John, in New-Brunfwick, for the fpace of fix months, call on all perfons, who have any de- mands on the eftate of the deceafed, to exhibit fuch demands witliin the fpace of eighteen cal- lendar months from the date of faid advertifemcnt, which advertifement made and publifhed as aforefaid, Ihall exclude every creditor who fliall not exhibit his demand in manner afore- faid. Provided always neverthelfsy That nothing herein contained fliall extend to judgments on record, or mortgages regiftered. And provided always^ That nothing in this Ad contained fliall extend, or to be conftrued to extend, to oblige any executor or adminiftrator, or executors or adminiftrators, to advertife in any other public news paper other than in this Province unlefs tl>e inventory of the deceafed dtate, returned into the probate office, fliall exceed the fum of one hundred pounds, any thing herein contained to the contrary thereof notwithftanding .'.lul be it further enabled. That any execv-tor or executors, adminiftrator or adminiftrators, wh) fliall, from and after the publication hereof, neglect or refufe, when called on, to make diftribution of the deceai'ed eftate, agreeable to this Act, all fuch executor or executors, adminiftrator or ad- miniftrators, fliall for each and every neglect, or refufal, forfeit and pay the fum of fitty pounds, to be recovered by bill, plaint or information, in any of His Majefty's Courts of Record in this Province, by any or cither of the heirs or creditors of the dcccafwd. Executors and Adminitlrators \ after two years and fix months maypay all debts then exhibited, and to diftribute ovcrpli^s Hccor- ding t(j luw, and the laft will. PuMic.uion tobc m.iiie, oi the fet- tlement ot'Ellate, fixmontlis,inihe Nova-Scoiia and Ncw-Brunfwick Papers, and the pioduft'ion of de- mands within 18 monihs ; all ac- C'viiits excluded which are not fX- hibited within ihatiirr.e. Not to extend to judj^nienn or mo.tp;.gis. EKCC'.itors, &c. nt;toblig.illoaJ. verlife in a New- Hiuniwick 1 aper ui.lcfb the voh.e ol tilt: eftate e::- ' ccds ic'jl. Exccv.tors, fcc. tT.-.lgu 'X'.r\^ this A<5^w:c-.itit5cl CAP. / ^8o I'rearable. Common Pleas and Gt neral Sef- fioniatShelbunte held on firft Tuefday of March, July and November.' c. vi-vn. Anno triccfimb' ' OiioiiGn IIL CAP. VI. 1^90 An ACT for altering and adding to the Times appointed for hold- ing the Court of Common Pleas, and General Seflions of the Peace, in the Town and County of Shelburne. WHERE AS the Jlated periods for holding the Court «f Common Pleas, and General Sejjiens of the Feaceyinthehivn and county of Shtlbumey has been found inconvenient ; for the remedy whereof ; L Be it ena^cd,by the Lieutenant-Govemtr, CouncU and AJembly^ That the Court of Common Pleas, and General Sefllons of the Peace,for the town and county of Shelburne,ihall be in future held on the firft Tuefday in March, the firft Tuefday in July, and the firft Tuefday in Novem- ber annually, any law, ufage or cuftom, to the contrary notwithftanding. TorAcRson this fubjeft fee note on 34th Ceo.^. cap. 7. Preamble. If the expeaces ofdying exceed js.per acre c«m- mUfioner's to funimon the owners of the lands to chufe five afllflors who with the com- roifliorer's may BfTefs and tax fuch owners ac- cording to the c|uantiryand qua- lity of their lands. CAP. VII. An ACT in amendment of an A£b, entitled, an A<3 for appoint- ing Commiflioners of Sewers. WHEREAS by an A61 in faid Diftri6l, and for afcertaining the Boundaries for the faid f"e iToTVaVih Diftria. Geo. 3d. cap.,.. WHEREAS it is neceffar) for the adminijlrationofjujlice., and the execution of the law within the Diftria ofColcheJier, that a Court-Houfe and Goal be ere£led within faid Diflri£l : I. Be it enafledt by tlx Lieutenant Governor^ Council and Affembly, That the Jufticcs in their General Sefilons, to be held in the faid diftricV of Colchefter, and the Grand Juries, who fhall be duly returned, fworn and impanelled for the fame, fhall, and may, from time to time, exercife all the power and authorities within the falnc diftricl, with rcfpecl to building and repairing court houfes, goals and bridges, maldng and repairing roads therein, and af- felling monies for the- fame, and other necellary purpofes, which of right the Juftices and Grand Juries refpcftively, in thefeveral counties witliia this Province, may or ought, bylaw, to exercife within fuch counties. II. And be it alfo enabled. That the freeholdors-and inhabitants of faid diftricl of Colchefter, fliall be exempted from ferving on Grand or Petty Juries at Inferior Court of Common Pleas or General Sefllons of the Peace, in any place within the county of Halifax, except the dif- tria of Colchefter. III. And be it further enaHed^ That the bounds or' limits of the faiddiftrid of Colchefter, fliall be a< follows : to wit, bounded northerly and wefterly on the county of Cumberland, King's and Hants Counties, to the junction of Gay's River, with Shubcnaccadie River ; thence up faid Gay's River, to Halifax road, thence running eaft to the line of Sydney County, thence north, bounded on faid county, to the Gulph of St. Lawrence, thence north ^vefterly, bounded on faid Gulph, to the line of Cumberland County. The 4th fc^lion of this Adt it not printed, haring been altered by the 3«d. Geo. jd. cap. 9. Preamble. Repair of court houfc, goals and briilpes, and re- pairing roads, and aflefling mo- nies for the f.im;, in dil^ria of C0I-: chefler. Inhabitants of faid diftrift, ex-- empted from ferving on Grand or Petty Juriei except within the* fame. Boundaries of the diftria of Col- cheflerafcertain-' cd. CAP. VI. Ah A CTto prevent the Gsowth and Increafe of Thiftles on the Lands in this Province. W UERE AS the growth' and increafe of thi/lles has become very detrimental in feveral parts ofthit prejmbie. Province, owing to the negle^ of the inhabitants in not cutting them down, andufmg other means to prevent it : I. Be it ena^ed, by the Lieutenant Governor, Council and Affembly, That in all fuch counties where it may be neceffary, the Juftices in their General Seflions of the Peace, held in the begin- ons,'t"m'aice'the ning or fpring of the Year, ihall make fuch regulations as to them fhall fecm proper and necef- guiations to pre- * " " * * -. rent the growti\ wryofthifUo. 1^6 C/VII-VIII. Anno tricefimo primoCEORGnm. fffjh Appointment of Inlpefl.;:. Fine for refurmg W r rvc. Penalty for difo- iKying rcgulati- 003, 401. Recovery and iipplicationofpc- ttiU'Jcs. fary for the preventing the growth and increafe of thiilles on the lands within fuch counties rcijscdlivcly, and the regulations fo made fhall '^e publithed, by polling the fame in the moft public places in each townfhip within the (aid county. U. ylnd be it alfo cna^cd, That the faid Jufticcs, in their Scffions as aforcfald, fliallippdnf tWo or more proper perfons in each townfhip, within fuch county to be infpe^ors for the purpofe of carrying into execution the regulations fo made, and if the perfons fo to be appointed fhall , rcfiife to accept fuch office, or having accepted the fame, (hall negleft their duty therein, they (hall forfeit and pay a fine not exceeding three pounds. III. And be it alfo ena^ed. That all and every pcrfon, who fliall rofufe, or ncglcft, to pay due obedience to fuch regulations, fo made by the faid Judiccs, flull forfeit and pay a fine of forty fliillings for each fuch refufal or neglect. IV. And be it alfo tna^ed. That the feveral penalties and forfeitures aforefaid fliall be reco- vered on complaint, and due proof, before the General Scflions of the Peace, and on non-pay- ment thereof, be levied by diftrefs and fale of the offender's goods and chatties by a warrant from the faid Court ; one moiety thereof to the perfon or perfons who Ihall profecute the fame to eflccTijthc other mgicty to be applied to the purpofe of repairing the roads in the towufhip wherein the offencefliall have been committed, at the difcretion of faid Court. And whereas it may happen that in feveral counties the General Se/Jtans ef the Peace will not be held until the fall of the year^ too late for thepurpofes of preventing the evil which may arife from thcfpread- ing of the thijttcs tww growing : V. lie it enabled. That a Special Seffions of the Peace fliall be held by any three of the Juflices in any fuch refpeftive county, where the lame may be required, immediately after the publica- tion of this Ad, for the making fuch regulations as are ncceflary to be forthwith put in force for that purpofe VI. And bcitf'rther enaHcd, That this Adl fliall be publicly read at the firft SeflSons of the Peace in every year, af^cr the Grand Jury »rc fworn. CAP. VII. wlithceo-Td. An ACT for altering the Timc« of holding the Supreme Court in Mp. J. |.j^g County of Annapolis, King's County,and the County of Hants. Juflicei luthori- ZcJ to cnll x I'pe- cial SeiTion for jnakiDg legul*- ■ tions. This A(fci'- 179 If Anno tricefimo primo Georgii IIL C. IX-X. 187 recited A£>, to which this is an addition to, and amendment, who, together witji the nine already to be appointed as aforcfaid, ihall be denominated Engine Men, and (hall have charge of the faid town engines, and fhall be obliged to keep the fame in good order, and fit for fcrvlce on all occafions, and that the faid pcrfons lb ch( fen (hall be exempted from fcrving on Juries, or the office of Conilablc, and from working on the highways during their continuance in faid office, and faithfully difchargin g the duties thereof} any law, ufageor cuf- tom, to the contrary in any wife notwithftanding. CAP. IX. An ACT to impowcr His Majcfty's Juftices of the Supreme Court J^';;^^'^;^'^^";^'^;! to require and take Bail from Perfons removing, or bringing up, ^!',^*^'lj"^,'5*^ Caufes from Inferior Courts to uie Supreme Court. WHEREAS the ijfuing writs o/"Certiorari, or Habeas Corpus cum Caufa, to bring up caufes and parties from the Inferior Courts within this Province,fubje{l to no ternu or conditions on the part oftheptrfon or pcrfons fuing out thejbme, may be attended with great inconvenience : I. Be it therefore ena^ed, by the Lieutenant-Governor ^ Council and ^ffemblyy That from and after the publication hereof, no caufe commenced in any of the Inferior Courts of Common Pleas, or other Inferior Courts in this Province, fliall be removed by any writ, or writs, of Habeas Corpus cum Caufa, or Certiorari^ into His Majcfty's Supreme Court, without fufficient furety be- ing firfl given in the faid Supreme Court, or before a Judge thereof, by the perfon or perfons applying for, ardpurchafing out fuch writ or writs, to abide, fulfill and perform, the final judg- ment of the faid Supreme Court, in the caufe or caufes fo removed. II. And be it further enabled. That previous to the iffuing of fuch writer writs, the Juftice of the faid Supreme Court, who has taken the furety as aforefaid, Ihall indorfe on the back of the writ the amount for which furety ii taken* with the names of the furety or furetics, and fliall alfo fignify his aflent to the iffuing the fai(1 writ, by indorfing his allowance thereof, with the day and date it was allowed, and his fir,nature thereto. PrciniMj. KcmoT.il ofcau-: iies from Intel ioi to Suprt'iio Court. The Juftice be- fore whom (iirety is t:iken fhall in- dorfe on the bade of the writ all piirticiit.irs and affix his figna- ture thereto. CAP. X. An ACT in amendment of an Ad, pafled in the Thirty- Second year For aas on thi« of the reign of His late Majefty, entitled, an A61 for confirming onS'.ceo"jA; Titles to Lands, . and quieting Pofleffions. "'*' *' WHEREAS great inconveniences may happen to the inhabitants of this Province, from, the manner in which town/hips, and large trails oflandy have been granted ; for remedy whereof: ^^'^ 1. Beit enabled, by the Lieutenant-Governor, Council and Ajfembly, That all perfons who now hold o.f t!:e difpofal lands, tenements or hereditaments, in joint tenancy, and who have not, nor (hall in their, death of a joint or any of their life times, have parted or divided fuch joint intcrcfl, that ncverthelefs the un- «nant. divided fliare or right of fuch joint tenant or tenants who may die, fhall not be inherited by thefurviving joint tenant or tenants, but (hall dcfcend to the lawful heir or heirs of the de- ceafed j any law, ufage or cuftum,to the contrary thereof notwithftanding. II. And be it further enabled. That where any perfons, being either joint tenant or tenants Divifion of lands. in common in lands or tenements, have divided fuch their intcrefts in the fame by furvey "'^J'""'y- and plans, fuch furveys and plans (hall be henceforth deemed and taken to be a legal divifion of the fame, fo as to bind the owners thereof, equally as if the fame had be«i made by deed or -writ of partition. . IIL l88 C. XI-XIII. Anno tnccfimo primo Grorou III. Paifoni fntind pLlliy oj itnnT- liii; boiiiivlt or nullu. . A'irormerRranti under the great fciti oftlie Fio- ▼locc, valid. ir raid Oranti, weie re^ubrly reded in Hii M^cfty. 1791 III. And be it further tnalkd^ That any perfon or pcrftins, wJm fhall hereafter wil- fully or nialidouily remove and dcilroy the bounds or land murks, or (Itall be aiding, abcltiijg or affixing, in removing, or deftroying, the bounds or. land ni»rks of any pcrlbn or perfuns ivhatfuevcr,, fet up agreeable to ijiid furvcy anc| plan, fuch perfon or pcrfons being duly con* ▼icled thereof, in His Majefty's Supreme Court, or any other Court of Record within this Province, fhall be fined, imprifoned, or whipped, at the difcretion of the Judges of faid Court. IV. And be it further enaRed^ That all grants of land of what kind or nature wi'.atfocvcr, pur- portingto begrants in fee fimple,whicfa have been heretofore made by anyGovcrnor, Lieutenant Governor, or Commander in Chief for the time being, under the great feal of the Province, fuch grants ihall be, and are hereby declared, to be good and fufficient in law, to c(>nvey unto the grantee or grantees, in fuch grant or gprants rcfpeftively named, a good and fufllcient title in fee 0m)ile, for ever, notwithftanding any dofc^ in the form or words thereof, and not- withflanding, that fuch grant or grants, might not exprels His Majcfty's name therein. P'. a. videdf That the lands fpecified in fuch grant or grants were vcfted in His Majefty, by inqucft of office or othcrwife, at the time of making the fame. And provided alfo^'Yhztix\yAthdi\n form or words as aforefaid, (hall not be conftrued to extend faid grant, beyond the Units in- tended by the true intent and meaning thereof ^ any thing herein contained to the contrary iiotwithftanding. This Aft altered as it rrfpefts the June fitting, b' }6th Geo. «ap. i. tl Time of holding ' the^nferiorCourt at Amhcrft. CAP. XI. An ACT for altering the Time appointed for holding the Inferior Court of Common M. as, and General Seflionsof the Peace, in the County of Cumberland, in the Spring of the Year. WHER£AS//&« time for holdingihe Inferior CourtffCemmcn Pieas^avd General Seffiom of the Peace^ ^t Amberjiy in the county of Cumberland, in the month of April, has bt:en found inconvenient : I. Be itenaded, by thehieutivant Governor, Council and AJimbly, That the laid Inferior Courts of Common Fleas, and General Sefllons of the I\ ace, for the County of Cumberland, Ihall for the future be annually held at Amherft in the laid County, on the fccond Tuefday of June, and the laft Tuefday of October, any law, ufage or cuftom, lrefi4cMol' •oucil i.RichudJolin Unucke*. Speaker ; J^raM buuer, Becicury oi C«uacil ) hbU J»ib« tt. irafiUi%.Cktk ot AQtmUf^ It '^ \>:' ThMAA te4. This AA excctt- led. CAP. I* An ACT to enable the Treafurer to pay off certain Warrants drawn on the Treafury, and to enable the (oaimidioners to fund cer- tain Debts not yet liquidated ; as alfo to provide for allowing a drawback of the Duties on a quantity of Spirituous Liquors pur^ chafed for the ufe of His Majefty.. CAP. II. An ACT to amend, and render more cffc£lual, an A61 pafTed in the 1 hirty-firll year of His prcfent Majefty's reign, entitled, an Ad to raifc a Revt nuc for the purpofe of paying off all fuch Debts as are now due by the Province, or which Ihall become due, before the firft Day of July next, the Funded Debt only excepted. CAP. •75* Afino tnccfixno fccundo Giotoii III. C III-IV. 291 CAP. 111. An ACT in addition to, and amendment of, an A^, entitled, an A ^ for the appointment of fworn Gaugors, afcertainmg their I>uty, Jjj4«« f« «"« granting them an r^llowance, and eftablifliing their Feet. c«p. 9. WH^Rl'.h&infenvtnitrues htive ariftn^ frtm the Gcmgtrt tut doing s fArt tf their duty, no ptnallj btmg anrntttJ it ibe negteil thereof ^ in 0nd ky the /aid re ittd A J : 1. Be it tbireforc enailed^ by the Lieirtenant-ijovemorf Council and AJtiuUjt 'I'hat til ca(ks cnn. taining rum, wine, ni ci nwlaii'cs, licreit^er imported into thit Province, ihadl be gauged, by the iworn and eltablilhetl Giugtr, inunediately after landing, and before removal from the wharf whercnn it ii In ded^ and tiie faid G;iuger» fhall mark ^\\\i a marking iron, the quan< tit/ of gallons r.ich ca(k containii, on the ftave, next the bung ftave, or upon the head of e.iclk •cafk fo g:tiigc'd by them, with the two firft letters of his name, on the left hand of the quantity, all which to br done in a fair Ic^Hble manner, and in lieu of rhe prefent allow^tnce for gauging, fuch (.Jaugcr (hall receive f)r every caflt exceeding ten, «o l)C gauged by him at any t>ne time and place, the following few. for every puncheon, three pence }ibr ever)' hog(head,or tierce, two pence ; and Kir every barrel, one penny. And ivbtreas, in unci by the i,for:pienliuned Afi^ no fine or penafty it impofed on fuch Ganger, or Cai'gers, inhojfjall ^'in^f in ony other nuinnrr, than ii dira'Jcd in thej. Cnflct conulning Kan, &c t ) br g»unf ^ before i«,inoT>J. All'iw«nce gauging. for per relufiiig t»» du bit Uuty. tTngtugeit cart<», reiiigred or ex- poftJ to fitJe (urieite«l. Manner of ".arig- ingatout-poil*. CAP. IV. An ACT to revive, and amend, an A£l foreflablifliing the ftandard Weight of Grain, and for appointing proper OHicers for meafuring Grain Suit and Coals, and afcertaining the ftandard (ize of Bricks, and the quantity of Lime to be contained in a Hogihead. BE itrnafledyby the Lieutenant Governor , Council and AJembly, That the grand jurors for the fevera^countics in this Province at the Cov t of Ceneral Scffions of the Peace, which Ihall he holden for each coanty refpcAively next after the publication of this Aft, and thereafter annually ^t the firA iittin^; of the iiud Court in every year, fluU nominate four lit perfons in each The A», of which this pur- ports tu be an a- mendnient,\vasa temporiiiv AH, and ruSercil tu expire. Appointment of pciiuns as mea- iurrts of I'orn, fltlt, coidf!, iinae and bricks. 292 C. IVi Anno tricefimo fecundo GEOxciz 'III* 17^2 rt ■Weight of graid. Allowance for • nwoiuring. Of exacft wiight and iiicai'ureineat oi giiiin. , The In!' ,»or,if grain is i-.k »ha.i the friTiditd v,eij;hf, export- ed, lliall make (.'X)-o' tcf pay IS. ior ever/ bull.el, fine. i;.iir to !he. in- fiirmer, half' to •the poor. Siie oF Sv!oks« fix fciire Lo the hundred.. Allowance Tor meallir-ig fait and cualj, and *"'r infpeciing bricks aauhmc. OHicers rcfufing tu du then iluiy each and every townfliip within their rcfjieftivc counties, out of whom the faid Court fhall ap- point two, for the purpofe of meafuring all fpecies of corn or grain, fait, coals, and lime, and for iivfpeaipg all bricks, which Hull be offered for iale, and fpld, within their refpeftive town- ftips. i; ... 'n { II. And bt it al/o ena8edy by the authority aforefaidt That all grain cxpofed t« fale, ihall not be- deemed merchantable, unlefs it be o»'"the following ftandard weight, to fay : Wheat fliaU weigh per buftiel fifty eight pounds. T . Rye do. do. fifty fix pounds. > Avoirduppifc. 4' Indian corn do. do. fifty eight pounds. J Barley flaall weigh per-buflicl forty-eight pounds. ') . Oats do. . do', thirty four pounds. >, Avoirdupoife. Peafe do. . do. fixty pounds. j < And that all fuch grain, as may be imported, or brought 10 market for fale, fliall be, on re- qucft of the purchafer, infpecled and meafured by the fworn infpec^ors of fuch town or port, where the fame fhal' be brought for fa;fe, and that the infpeclois fliall be allowed and paid, the one half by the purchafer, the other half by the feller, at, and after the rates hereafter mentioned, for his attention and trouble therein, to fay, for meafuring all grain, (oats except- ed) two fhillings per hundred bufhels, and for oats, one fliilling per hundred builiels. Ill* And be it further enaded^ by tJx- authority aforefaidt That if any corn or grain, of any kind, fhall be imported or brought for fale> within any port or place, within the Province, which fhall not be merchantable, agreeable to the ftandard .veight before appointed, for each fpecies of grain to weigh refpcftivdy ; that it fhall and may be lawful, for the infpector, or pcrfon mea- furing the fame, if required, either by the buyer or feller thereof, to add to each bufhel, a quantity fuflicient to make the fame weigh, equal tO' the flandard hcreui before regulated for each particular fpecks,. and if fuchcorn os grain, fhaU weigh more than the ftandard weight herein before appointed, it fhall in like manner be lawful to deduct from each builicl, fo much as fliall be fufficicnt to make the fame weigh, agreeable to faid ftandard. . IV. Arid be it furthirenad-ed^by the authority aforefdid, That if any perfon or perfons, whatfo- evcr, ihall export or fend to any place whatfocver, out of the Province, any corn or grain, of any kind whatfoever, which fliall weigh lefs than tlie ftandard weight herein before refpeftive- ly appointed, or which fliall not have been infpected, and meafured, by the perfon or perfons, to be appointed infpedors by this Afk, previous to fuch exportation, the pcrfon or perfons mak- ing fuch ernort, fhall forfeit and pay the fum of one fliilling, for every bufliel, which he or they fhall fo export, thefame I ■> be recovered, on complaint, before any one of His Majefty's 'uftices of the Peace; onehalf of which penalty, fliall belong to the informer, or perfon profecu- ung for the fume, and the oilier half to the poor of the townfliip, from which fuch export fhall have been made. V. And be it further ^»^^f<^, That no bricks^ to ot made in this Province for fale, from and after the firft day of November next, fhall be lefs than eight inches in length, four in- ches in width, and two indies- tliick, and fliall be fold at the rate of fix fcore to the hundred. VI. And be it further cmidud., That all fait,, coals and lime, expofed to fale in any part cf this Province, fliall be meafured ; and all hiickit fhall be infpectcd by the oflicers appointed for that purpofe, and that they fliall be allowed and paid by the feller for every hoglhcad of fait, one penny ; for.cvery chaldron of coalsj three pence ; r.»d for every=hogflie;id of iin.e, if required to be infpecled, which it is hereby declared fliall contain eight Winchelter bufliels, heaped, at the leafl, ornincty-fix gallons, two pence; and for infpecting bricks, at the rate of two pence per thoufand ; and that the oflicers fo appointed, fliall be rcfpcdively fworn co the fa'thfuldif- charge of their duiy; and that upon rcfufal to accept of faid offices, or being guilty ofar.y ncgleft, or niifbch.i\ iour, in the execution of the duties thereof, thpy fhall forfeit and pay, iot the^ Anno triGefimo fecundoGEORcn III. C. V. a?S % {hall not be- the uie of the poor in the tOMm wherein they refide, a fum not exceeding three pounds, to be °h-"e?^1haUpat recovered before any two of His Majcfty's Jufticcs of the Peace, for the fame county. 3I.' VII. Jndbe H further eruifled. That all grain, fidt, coal» and lime, imported into this Province, Ihall be fubjeft to the foregoing regulations. ■ CAP. V. An ACT to alter and amend an A£t, paffed in the Thirty-third year of His late Majefty's reign, entitled, an A£l: for regulating and fubjea, fee note maintaining an Houfe of Corredion, or Work-Houfe, within the cap"." Town of Halifax^ and binding out Poor Chil 'ren, and to extend certain provifions therein, to the whe^e of the Province. WHEREAS // h ncujfaryfor prefervmg the peace and good order c//ocicty, thatidle^ anddifor- derly perfont, Jhould be rejirained and punijbedy and that the ejlablijhment of work-houfes, or houfsi of corrc£i\on, in the fevcral countietfivhere none areprovidedf would be highly conducive to this falutary purpofe, and a meafure of great public utility : I. Be it therefore enaded, by the Lieutenant Governor^ Council and Affentbly, That it fhall and may be lawful for the Juftkes of the Peace, and Grand Juries, of the fcveral counties pr tHllrifts, in their General Seflion, when they (hall think neceffary, to provide proper buildings, or to appropriate a certain part of the county or diftricb jail, as a work-houfe, or houfe of cor.'cftion ; the expence of cftablifliing. which, and all other incidental charges, to be defrayed by the coun- ties and diilricls, and raifed in the ufual mode of prefentment and afleiTment on the Inhabitants. II. And ke it further ena6led^ That it (hall and may be lawful for the faid Juftices in their Seflions, or for any one Juftice out of Court, in any of the counties or dillrifts in the Province, to commit to fuch- work-houfes, or houfes of correclion, all or any perfon or perfons, of the defcription mentioned in the fecondclaufe of the Acl hereby altered and amended, in the man- ner fpecified in the faid claufe, which is hereby extended to the whole Province. III. And be it further ena8cd^ That the faid Juftices are hereby impowered to agree with any fuitable perfons, on the beft terms they can, to bcm 1ers,or keepers, of faid houfes of correc- tion, or work-houfes ; and that any perfon, appoini<;d by them for that purpofe, fhall have power and authority, to let all fuch perfons as ihall be duly fent, or committed to his or their cullody, to work and labour if they be able, for fuch time as they (hall continue of remain in fid houfe. IV. And be it further enailed. That the keepers of the faid houfe, when appointed as aforefaid, fhall keep regular accounts of all expences attending the fame, and of all earnings arifing from the labour of the offenders, and render them upon oath to the Jufticcs in their General S jflion, and that all expences of keeping fuch offenders, fhall be defrayed out of the produce of their labour, if the fame fhall be found fuificicnt; any deficiency to be made good in manner as is herein after direftcd. V. And be it further cnaikd. That when any perfon committed as above, fhall be unable to la- bitk, by reafon of iickuefs, or otherwife, or that his or her earnings fhall be found infuftlcicnt forlis or her fupport, if I'uch perfon fliall have a cgal fettlenient in any townfhip within the county where fuch work houfe may be Atuatcd, the cxpencc of keeping and maintaining fuch offender, or fuch part thereof, as may exceed the amount of his or her earnings, fliall be de- frayed by the townfliip, to winch furli oflendcr may belong, and fh;ill be paid by the Cverfeers of the Poor of fuch townihip, m: the certificate of the Clerk of the Peace, by order of the Jiiiftices in. their Selfioiis, that f uch expence has been fairly incurved ; and in cafe fuch offender fhall PreamUf. Mode for Provid. ingwork houfes or houfes of cor- reAion. Commitment of perfons to the \vork-houIc. Appointment of ' keeper of faid hcufe. Keeper to keep'' regular accounts toberendtiedon oath. Defraying mode of tlie expence of maintain- pehce maint;iin- i«j; perfons una- ble toworkinthe- work-houfe. «94 C. V. A nno tricefimo iecundo Georgii III. iytf2 m The Juftice prt- Tious to commit* inent to examine the offender as to his or her place offettiemcnt. Appointment of Ii.fpei.1ors of woriifauurc. ]nrpe, yordiftrift, to fee that id to reflify th the other their Seffi- faid houfe, , or mifcun- «79* Anno tficedmo f^cundo Geohgii III. c. vi-vir. the pLmtifffhall be non-fuited, or dUcontinue hiscaufe, the defendant fiiall have treble cofts taxed, and allowed him or them. XII. jlnd^ it further enailed^ That all nnonies necellary for thefupport and maintenance of fuch work houfes, over and above the earnings thereof, fliall be raifed by the Grand Juries for tlie feveral counties and diftricti< refpectively, by prefentment, to be levyed and aflefled, in the manner already by law appointed, for the levying certain county rates, and charges. XIII. And be it further enaSed^ That the Overfeers of the Poor, fw the town of Halifax, {hall no longer fupport or maintain, any poor perfon or perfons, as out pendoners, in manner hitherto pradliled, but fhall maintain and fupport the poor chargeable on laid town, in that part of the work houfe allotted by the Act hereby amended, for the reception of fuch poor ; and all fuch poor perfons, who fiiall refufe to accept of the provifion made for their maintenance in faid houfe, fiiall be entitled to receive nothing from faid town of Halifax, and the Over- feers of the Poor, after the publication hereof, fliall not be allowed, in their account, any charge whatfoever, except what has been actually incurred for the fupport of the poor, main- tained in faid Houfe. 295 Raifing of mo* Dies for fupport of faid work' houfe. No out penfioi- crs allo-ved, at Halifax, and no expcnc6 to be paid but what has been a£lu.il- ly incurred ta (aid boufe. lilty of any them of any \ before the 1 moreover. Aft of any ofihis Art, giwi.g rca- ittcd to tJie id, fhall be. Irict, or un- Ihall deliver at, and hy to the beha- I ; Provided cd as afore, iid county, fe, if they ;rfons, hav- : to deliver hall order the Peace, ind feals to correiftion, take ar.d 1 houfe of cd for any le General endaiit, or the CAP. VI. For Arts re(pea*- Hiphways, fee note on ift Geo. 3d. cap.: v> Yrcambk An ACT to prevent the Windfor and Hammond Plain Ro^d, being injured by heavy loaded Carriages. WHEREAS ^rw/ injury hath bttn done intime pafi^ in ihefprinf^ of the year, en tlie road lead' ingfrem the head of Bedford Bafon, iowardt Windfor, by carts ^ trucki, viogggns and other airriagesf with narrow wheels , heavily laden with logs and tinibtr, pa£ing and repajftng on the faid road : I. Be it therefore ena£led,by the Lieutenant-Governor ^ Ceumii and Affcmblyy That from and after the firft day of Oftobcr next, no cart, truck, waggon or other wheel carriage, laden with logs, timber, cord wood or any kind of lumber, ihall hereafter pafs, or repafs, or when the fnow is cff the ground, no fuch logs, timber or lumber, fhall be trailed, or di'awn, without wheels, on the faid road, between the faid bafon, andthe boundaries of the county of Hants, or on the road leading to Hammond Plain, unlefs the felloes of the wheels of fuch cart, truck, waggon or other wheel carriage, ihall beof the breadih of iiine inches, at the leail ; under pain of the forfeiture, of the fum of Sve pounds, to be r^-vcred from tlic driver or drivers, owner or owners, of fuch cart, truck, waggon or other wheel carriage, by bill, plaint or information, in any of His Majefty's Courts of Record, within the count.y of Halifax, b^jrny perfon or per- fons, who ihall fue or proiecute for the fame, t«>gether with the cofts of mit y to be applied, one half to the ufe of fuch perfon or perfons, as Ihall profecute for the fame, the ether half, of tlie faid fum, to be applied to the purpofe of repairing the ikid road, bj the furveyor ap* pointed to ovcriee the repalts thereot^ CAP. VH. An ACT in addition to an ^£V, entitled, an Adl for eftablilhing the Times of holding an Inferior Court of Common Pleas, and General ting this'fJbS Seflions of the Peace, in the Townfliip of Yarmouth. After ift Oi5lo« bei,ali wheels be nine inches, under penalty >( How to be ree** Tcrcd. Application^ fee note on 29th Geo. jd. cap. f. WHEREAS itis nccejfaryfor the admini/lration of Jujiite, and exeeution of the Laws, within premible. the townjiiip ofTarmouth, andArgyle, thai a Court Houfe and JetU^Jhould be ere^ed within the dijiriil ofTarmutht in the aunty ofShelburtte : I* 4 'fmi tf - ^6 cvm. CourthoufeiJitil, SrcatYamwuth. Inhabit iints of ' Yarmouth and Argylerot to be taxed for build- in(;s out of their diftriA, nur to fer»e on juries . out of their dif- Anno tricefimo fecundo Georoii III* «7§* I. Be it enadcd, by the Lieutentnt Governor^ Council and Affembly^ That the J uftices In their Gene^ ral Seflions, to be held in the laid townfhip of Yarmouth, and the Grand Juries, who ihall be duly returned, impannclled, and fs on this fulyc^ fee note, . (m \t)xk Geo. 3d cap. I. Preamble. opening of Poll. places where the Poll !■? to be re- rapvcd at dcfire of candidates. ilow the Poll it robt demanded, in cafe ot remo- val. To continue ©• pen for two days An ACT in amendment of an Aftfor the better regulating of Ele dates) on the day the poll is (irft opened, for every Sheriff, or other officer of the counties herein after nan4ed, to whom any writ for eled^ing a member or members for fuch counties, to ferve in the General AITcmbly, of this Province, (hall be direfted, after having opened a poll at the county Court-Houfe, :f demanded, and having received the votes of the freehol- ders of fuch county in manner and form as Is direded, in, and by the faid AA, entitled, an Aft, for the better regulating eledlions, to remove or adjourn the poll (held as aforefaid) in each of the countjfi, herein after named, and to the refpeftivc places following, That is to fay. In the county of Halifax, on application as aforefaid, the poll to be adjourned at the Court- 'Houfe in Onflow, and to the town plot calkd Wahniley, at, or near the harbour of Piftou ; in the county of Annapolis, to SciOabou, oppofite to the town plot of New-Edinburgh ; in King's County, to the town plot of Parrfborough, near Partridge' Ifland ; in the county of Shel- burne, to the Court-Houfe, and at the French Meeting-Houfe in the townfliip of Argylc ) in the County oif Sydney, to Country Harbour and Aiitigt*ni(h. II. And be it further enafied, by the authority aforefaid. That the application aforefaid for the removal oradjournnicnt of the poll, ftiall be made on the day on which the poll is opened at the county Court Houfe, and that the fiid Slieriffor other officer as aforefaid, (hlH, on fuch ap- plication duly madcjforthwith notify the Freeholders of the county,of the faid adjournment, by fitting up advertifcments, at the Court-Houfe, wlicce the pc'Jiisthcn held, and at two of the mod public places in the diftrift, to which the poll is to be adjourned, that he will on the twelfth day from the opening the poll at the Court-Houfe, continue the fame at the place within thediftricl to which it is adjourned ; that he will then and there piocced for the fpace of two days, to take the poll, or until the JLlcdors then and there prefent be polled. 1U> ..U m «7^« '^ Atifto tricefimb fecifA^6 GEf6K<5M III* C. IX. 29? III. AnJivhereasinthtcotint'iesof'tlalifiix, and Sydney, the rcfpcBive Shtrijfi of thfe counties, art ■ hireir, before required, to remove the Poll to tiiX, places t other ibantlic county Cetirt-Houfe, at the n^utjt ^•ot;rf, liow to of any or either tf the (cindidales : be it thcrcftfre ena£l '.v.il, t *ii to «lcrtion, held in the firft place, in fuch county, but ihall, on removal of the poll, appoint other "''' '" affiftants, in fuch place,.or plates to whichit fhall or may be removed. CAP. IX. Ati ACT in aTHendmcnt of an A6!:, paffedin the Thlrty-firfl year of fiis prefent Majcfty's reign, entitled, an A(3: to regulate the Times of holding the Inferior Court of Coiiimon Pleas, and General Seili- ons of the Peace, in the DiftrixSl of Colchefter, and to enable the Grand Juries,, in the faid Di4lri£l, to aflefs Monies for the purpofe of erecting a Court-Houfc and Goal in faid Diftri6l,and forufcer- taining the Boundaries for the faid Diftri6):. W\\\'M.YA\.StIx times fpccificd in the afore-recitcd Ail, for holding the Inferior Coun of Common preamU*.- ' Picas, and General Sijjions of the Peace, within the di/lrid of Colchrjiet; has been found incon- icrdtnt to the inhabit ants cf faii diflricl i for remedy whereof : I. Be it enaEled, by the Licutenanl-Govenior, Council and Affmbly, That the faitl Court of Gene- ^. j.. ,,. Tul Scfllons of the Peace, and Inferior Court of Corrnnrrn Fleas, fliaiU in future be hcM in and ihtinttiioiCv-un for the faid dJRria, at the following times and places only, to wit : at Onflow^ ©n the firft vvaVnilL'v^' ""'^ Tuefday of July, at Walmfiey, in the diftrict of Piclou, on the third Tucfday in July ; at Onflow, on the firll Tuefday of January ; and at Walmncy, aforcfaid,on the third TuelUay cf January, annually ; any law, ufagc or cuftom, to the contrary notwithftanding. II. And be it further cnaUcd, That the iurifdiiT:ion of the faid Court at Walmfiey, (hall extend . . ^ to, and be compnled v,ahin the hulowmg limits, to v/it: bcgviviiing tour miles ealtward ot (icy ddLribcd. David Archibald's houfe, at Salmon river, between Tryvonnd Pictou, mcafuring as the road now runs, from thence to run north, four degrees wtft (by the Magnet) to the fliorc of T*- taniagouche harbour, thence from faid place of i,cr>,iniiing to run fouth twenty fevcn degrees eiiii. to the IbutlKTii line of tlic dillrift ot Colclicfrer ; thence call, by the faid Knc, to the wcltei'n line of the county of Sydney, including all the lands to the eafcward and northward of faid liiiL's, within llic diftrict of ('.(ilclicller. in. And hi' ir firthtr Miv,''Z<'Tor3ofIm. poit aid Exciie to tike an exaift aciVnint oi what ihaiibeiniirorted, ^lat.ner of lieu- rirg the duties. S4 '-■"MJ,: 300 irirnport?r refii- £;s to givt bjad, Uiffrrwce to be a<1jii')''d by tbtee DKictuntiu The ColK-iflors keepinp t'le _ g)(M!s in tlicir •wn,cuftody. If any be fourd vith 50I. worth •>r t?oods V iihuut acerrifieaie, tobt: forf.ited and iWC- Iribut-'d asdir«>5>- •d by Art of 14th CiUcQ. jd C. XIII. Anno triced tnpfceuifj^o Georxjii JII,. ^79* /llmaftrscfveft f<:ls who (Iwll b eak bulk previ- ous to fuel) en- try, m.i(lc liable as in the before ntciitioacki AiU Trials for forfci- tu es ;isbvbtfo:e recited A<5ts. in and by an Aci paffetl in the twcnty-ninth-year of th&reign of HusprefentMajcfty, entitled. An Acl: to provide for the fupport of Win Majcfty'i government in this Provinca, by amend- ing and continuing the fevcral laws £[)r raifing, a revenue, therein particularly mentioned and expreilcd } and ill cafe the owner or owners, importer- or importers^ fliall retufc togjve fucli bond or bonds, then it iliall and m^y be bwftil for the fdd Collector or Cnllc^lbrs (^ Inipoil- and F.xcife to proceed to fecure fald duties, in the manner diredhed ip the' fiiid' herein befor«. laft recited Acl ; and in cafe any difference fhall arifc bctvycpp thp Colleen of Impoft ^nd' Excife, and thcowncrsor impiJtters ofanyof the(aidenui|nerated'articl«s, as to the quantity, qua|» lity, or value thereof, fuch diffsrcnce fhall be fettled- by three merciiants, mutually to be chofcn by the faid CoUeAors, andthe (aid oy,nersor iniport-eis, tlie opinion of two x>f which merchants (Iwll be final'. Provided alwjysy That it {Ijall be lawful for the (aid Colleiflors to keep the cultody of the articles abput which &hc dincrenGC: ilall arifc, untit the' £uncQi^l! be adjuAed. IV. And be it further enaHid, by the authority aforcfaU^ That all pcrfoira whatfocver whofliaU have any goods, wares or merchandife, fo to be imported as a'orefaid^ in his, her or their, cuftody Of poffcflion, after the publication here<)f, of the value of fifty pounds or upwards,- without a certificate, that the duty of excife has l>ccn fecured thereon, fuch porfcn or perfons. fiiall be fubjecl to the penalty or penalties, and the goods, wares or merchandife, to the fame: forfeiture and diftribution as is direfted for tlie like oficnce^ in and' by an Ad pafied in the twenty-fourth year of his prefcnt Majefty's I eign, entitled, Aa Acl for laore cfFecitially rui- itng a duty of excife on wine-, rum,.and' certain otiier enumerated articles, and for prcvcnting- frauds in the colleftion of the revenue, and as alfo is directed in. the- feveral At'.b* afterward*- made for the altering, continuing and' amending of the f.iid Acl', unlefs fuch perfon or perfons fliall have obtained a permit or certifieatc in the manner and form directed in and by the faid- Ads. And all matters of vcffds, or owners, neglecting to make report and entry of the goodsj wares and merehandlfe, fo impocted in the. manner and furm directed -in and by the faid ladi before-mcBtioficd Act, and tiic fcveral Acts for amendingi altering and -continuing, thercof»^ or who fliall break bulk or remove suiy of the faid articles, befure he or they fliall have per- miflion fo to do, fuch owners or matters fliall be fubjecl- to thcfeveral penalties, and the goodsj. wares ard merchandife, to the feveral forfeitures, appointed and. directed in and by the faid^ A(t. and the faid fcveral Acts ia amendment thereof ; and the owners or perfons removing' any of the faid good.s, vnres or merchandife, without firft obtaining a psrmit or permits in the manner directed in and by the faid laft recited Acts^ and. all other perfon or perfons -whatfoe«^ vcr, who fliall in any fliape whatfoever,, by any manner of ways-or means, endeavour to evade thefccuring and payment of the faid duties on tlie faid-gnods, wares onmerchandife fo to be imported as aforcfaid, or prevent, or endeavour to prevent, the faid Collectors from doing- their duty in the execution of this Aft, fliatl fuffierand pay. the fame penalties and forfeitures dh'eded and appointed for the hke offences, in and by the faidlaft recited Afbs, and all of the faid goods, wares or merchandife, which fhall be cJandeftincly landed, removed, or in any flnpc whatfoever difpofcd of, contrary to the provifions made re'ativo to fpirits and other ar- ticles in the faid recited Aflfs, fhall be fubjed to the fcizure,. cp Jemnation and diftribution, direcled and appointed in andhythefiid lad recited Ars(^ImpoflU lerdn ttefore f Impoft ^nd' luantity, qua* tually to be \wo of which Colieftors to >e- £une ih^U •er Whe>flii]l her or their, or upwards, nor perfiHi* , to the fame' pafled in the Teftbally rai- r prcvcnting- i aftcrwardd' n or perfons 1 by the {aid >f the goods,- the faidlafti ng, thercof»^ »H have per- d the goods;. i by the /aid' IS rcmoving- xmits in the )ns what foe-, ndeavour to rchandife fo from doing: forfeitures d all of the or in any id other ar» liftribution, tiic duties- in after di- and penal- :^rni dirccl- fliallbcin ;itcd Afts ; the fiiDift power »79fl Anno trjce£mo fccundo Gborcii IIT. C XIII. 3<^« ICt mafter 6t' tiultei s ot Tcli;-!*- coiiiptlled to (lit- power and authority to execute this A^, that they have given to them in the faid laft before recited A&%, and ihall in all refpc<^s condu^ themfelves in the fecuring, coUc^ing, receiving and payinf.y< the cxcife duties inipofed by this Ad'> and fhail account for the fame, and be Cub. ject to the fame penalties fpecified and contained in the faic* lafl before recited A(?ib ; and all forfeitures and penalties for any breach of this A^ ihall be paid, appiicd'and difpofcd of, in the manner dire^d in faid lad beforerccitcd A^s, and all and every provifion, claufe, matter or thing, made and pFDvidcd for the fecuring the duties of exciie on wine, rum and other articles as fpccift* ed and contained ifi the faid recited Aft^i cntitledi An Aft for more effectually railing a duty of cxcife on wine, rum, and certain other enumerated articles,- and for preventing frauds in thccolleftion of the revenue, and asfpccificd and contained in the faid feveral Afts afterwards' made for continuing, altering and amending, of the fame,' fuch provifions, chufes, matters and things, and each and every of them, fhall extend, and be conftrued to extend, to the fecu- ringthe culle^ion of the feveral excite duties impofcd by this Aft, ai.d to the punifhment of perfons afting contrary thereto, and to thecor.dciniiation and diilribution of property fcized and condemned, ai din all (hapcs tu the furtherance and fttjkport of theexejution of this'Aft,and car- rying the fame into full elleft, as fully and particularly as if cath,a*de'/ery. fuch provifion, claufe, matver, or thina was herein ovcragainrccited-and fet forth, 6rffv/(yi'c United States of America; which are fubjeft already by law to a duty of ten per cent, libewjfe, flour, grain of allkinds, fait, iiUted beef and pork, butter, hogs lard, coals, pitch', tiiran'd turpentine, fifli amififli oil, fiirs and (kins of all kinds ; lumber, ftaves and cocoa :: all which faid feveral art kfes, in' this claufe particularly enumerated and mentioned, (hall be imported and confumedin this Province, free tfndclear of and from the faid excife duty of two poundi ten (billing^ per ft>itmn,-7kitd five pAunds per tentumt hereby impofcd on gpods imported as aforefaid, any. thing .hcrcis conlaiAed to the contrary-notwithftanding. VII. And be it further enarud, byl he authority afortfind,Th.2i\finfc(Si\\r-i&.OT' fir contraftbrs, AnictwiimpottMf' commiflTavy orcommiCfarics, aOunlly in His Majefty's fervice or cmj^loyirentj (liall import or ofAmiy,exemj^< bving within this Province for the ufe of Hia Majefty's navy or afn^y, any cloaihirg or flaps, ''">»»iki'» li*'-'iie- bread, cheefe, oatmeal, j^as, filled fuet, >inegar, oil, raifins and currants ; fuch c«ir.trafl(ir' or- oontraftorsicomniiflliry or comn.lffariesj or their principal agent, flvall pt educe to ti.e C'oJlcftors' of bnpoft and Kxciic an invoice thereof as aforcliiid, ami in addition h) the afli'iavit hireift before appointed to be made by an importer, (hall declare on oatli, and fiibfcribe the fame, that fuch' part of the feverjil goods in this tkiufc enumerated, as fhall be contained iti fuch' invrice, were- aftualiy imported directly from Great- Britain or Ireland for the ufe of His Majcfty'is navy or ar- niy, tobe ilTucd to the fame, for ar.d on accrunt of His Majefly, and for no ot her ufe or purpofc whatfoever ; and fudi coatraftcr or contraftors, comniifl'ary orcomniiilirics, llia'l give bcncf tobe accountab'e for the duties of c'c'fe impofed tier 1 ; and the Colleftors of luijioft and £xciJye ihiU,p.urfu»ntto the ditcftivjns contained i» the (aid herein before recited Afts, rcla.ive ^02 c. xm. Anno trlceAmo fecundo Georgii 111. 1791 New Settlers Sice'dJroni duty en Udulliold goods, and sirti- cks for private «fe. iir any of thefe goods are expo rt- ScFore they are onbuardi Inrolce of khe quantitv and ftec- ling coit Ihall be produced to the iolleilois, bythe Shipper. •Who (hall take .4he following Oath. to the excifc on rum, &c. examine from time to time the ftocks of fuch enumerated articles, \f hich (hall be in the hands or cuftody of the faid contraftors or commtiTaries, or their agent, and l^all call him or them to an account for the expenditure thereof, agreeable to the provifions of the faid A(^», and fliall give credit on the bonds fo to be given as aforcfaid, for the amount of the duties on the faid fevcral articles, which futh commlffary or commilTarics, contraftor or coniraftovs, or their agents, fhall prove agreeably to the provifions contained in the faid Afts, to have been adlually expended for the ufe of His Majefty's navy or army, and the faid con- traftors or comminaries, or their agents, (hall pay the duties of excife on all the faid articles which flull be wanting, or which he or they fliall be UTiable to account for the expenditure of as aforcfaid ; any thing herein contained to (hccontrary notwithftanding. VUI. And be it further eiiaded, by the authority aforefaidy That if any perfon or pei'fons what- foever fliall come within this Province, or any part thereof, for the purpofc of aflually fettling therein, that it fliall and may be lawful for the faid Collcftors df Impoft and F.xcife to exempt from the faid duty of five pounds /w f^M/»w, all'houfliold goods, provifions and ncceflaries of all kinds, which fuch perfon or perfons fliall import, or bring with them for their own ufe, and the ufe of their families ; but it fliall not be lawful to exempt any goods, wares or merchandife, of any kind whatfocvcr, brought or imported by fuch perfon or perfons for the pucpofe of trade, or for fale. IX. And be it further enaHed, by the authority aforefaid^ That in cafc any goods, ward or mer- .chandife whatfocver, which by this Aft are made fuT^eA to an excife, and on which fuch excife duty fliall have been paid or fecured purfuant to the provifions herein before made, fliall be re- fliipped or exported out of the Province, to any other country not within its jurifdiftion ; the perfon or perfons making fuch fliipment, or exportation, fliall, before fuch goods or merchan- dife fliall be loaden on board any fliip or veflll, give notice ctf fuch intended export to the Col- leftor of Impoft and Excife for the diftrift wherein fuch goods, wares or merchandife, fliall be, and fliall deliver to fuch Colledlors, at^fhe fame time, an account, fpecifying tlie feveral articles fo about to be rc-fliipped or expoi icd, together with the quantity, quality, and tlie firft or fterling coft thereof J and fuch perfon or perfons fliall alfo exhibit or fhcw the packages fo about to be exported, to an oflicer or officers to be appointed by the laid Colleflors for that purpofe, who fliall have liberty to fee t%e lame loaden on toard the fliip or veflel in which the fame are to be exported ; and tlie owner or owners, or perfon making fuch Ihipment, fliall produce an invoice of fuch goods fo loaded or re-fliipped, and fliall make and fubfcrlbe the following aiEdavit, which iball be annexed thereto : I m Exporter's oath, to be fworn Ihj- ifoi:^ Collector. ^'1 A. B. do fwear, that the"goods fpedfied in tlie foregoing invoice, TRTre imported by me, and are charged therein at the firft or fterling coft, and that I have actually paid or fecured (he ' duty of excife impofed thereon by the Law of this Province agreeable to tlie value in fuch invoice, and I have fhcwn and exhibited the Packages in which the fame goods are con- tained to the oflicer appointed to examine the fame, who has attended the refliipment thereof, and the whole of the faid goods have been regularly entered at this office, and are now aftually loaden on board the bound to and the fame are not in- intcndcd to be again landed, brought back, fold, bartered, exchanged or confumed, in any part of this Province ; and do fwear that if it fliall ever come to my knowledge, that the whole, ,or any part thereof, fliall be relandcd in, or brought back to this Province, 1 will to the bcft ©f my power endeavour to prevent the re^'enuc thereof from heing in that rcfpeft defrauded, and I wfll make the fame immediately known to the Colleftor of the diftrift wherein I fliall ihen be. And the mafter of the veflel in which fuch export fliall be made, fliall likewifc make and fubfcribe the following affidavit, which fliall be annexed to the faid invoice. I A. B. Do ^wear that to the beftof my knowledge and belief, tlic goods fpedfied in the annexed invoice V73X Anno tricedmo fecundo Georgii III. c. xnr. 305: The mafteii of the nir«ri sathr' H « wc contained in package, marked and numbered as follows, that is to fay : which faid feveral packages, with the goodii therein contained, are now adually leaden on board the bound to and I know of no fraudulent intention or dcfign to rcland or bring the fame bacic to this Province, or any part thereof, artd if it ihall ever come to my knowledge, that the whde or any part thereof (hall have been brought back, or fraudulently relanded in any part of the Province, I will make the fame known to the CoUc^or or (^collec- tors of fome diftrid within the fame. Andldofwear, that unlefs prevented by the danger of the feas, winds or other unavoidable accident, I will truly land andput on fhore at the faid packages, with the goods contained therein." Which affidavit, when duly made, and fworn to before the CoUccVor of Import and Exci/c Exporter ftaU' for the diftrifl, (hall be delivered, with the original invoice, to the perfon making fuch flilp- drawback of *tb* ment, together with a permit for fuch export, in the uftial form ; and the pcrfun making *''>"'« F.xcife, 00 • fuch export, fliall be entitled to a drawback of the whole duty of cxcife paid, or itrcured to be auc4.mc»ti. paid, on fuch goods,- by virtue of thit A^, on his or their producing to the CommiiUbners of the Revenue, or the Treafurer of the Province, a certificate from the Collectors of the Du« ties or Cuftoms, or Brittfli Conful, or Vice Conful, for the Kingdom, Province or Country, to which fuch exportation fliall be made, that the goods and packages mentioned in fuch invoice and affidavit have actually been landed within fuch ColleAbr'i), Conful or ViceCnn- ,^ ful's diftrift, for the amount of which, to be certified by the Commiflioners of the Revenue, or Treafurer of the Province, the Collc^ors of Iiiipofl and Excifc fltall give credit, and if the duties have been paid thereon, the Colleger or Collectors flull certify the fame on the back thereof, which fhail entitle fuch perfon or perfons to receive a warrant or warrants on the Treafury of the Province for the amount thereof, which warrant or wikrrants the Governor, Lieutenant-Governor, OF Comnunder in Chief for the time being, is hereby authorized from time to time to draw, and 'the Treafurer to pay ; aitd if any veflel or veJOfels fliall be found relanuing-of any of the goods fa exported for a drawback as aforefaid, fuch veflel or vcflels, to- gether with ths articles clandeflinely lainded, fhall be taken into cuflbdy, condemned and diflri- buted in the manner appointed by the feveral laws of this Province relative to impofl and cX. cife ; and all perfons aiding or afliflingjn the dandefline landing or putting fuch goods, or any part thereof on (hore, or bringing the fame back to this Province, and all perRin or perfons ah concerned - ckmdeftinely having the fame in his, her, or thoir cuftody or poifefllon, fliall forfeit and pay fh*" fi'^jtit a«l thefumof one hundred ppunds each for every ofience,to be levied and diflributed in the manner dire^ed in and by the faid laft mentioned laws. PrrviJed always neverthelejs, That it fliall not be lawful for the faid Commiflionersof the Revenue,or Tre;»furer, to grant any certificate fdr drawbacks of duties under and by virtue of this Aft, unlefs the llerliiig coft of the goods flilp- ped at one and the fame time, and owned by one and the fame perfon, in one and the fime "'^^'"^j- veflel, fl- all exceed the fum of fifty pounds, and unlefs- application be made for the drawback to be allowed,and the feveral proofs requifitc for allowing thereof mad<}, within twelve months, to be computed from the time of fuch rc-fliipmcnt, any thing hceiii contai-ned, to the contra- ry notwithftanding. And provide J fl^'>,That the time limited for fuch fliipment fliall be from fun-riling to fun-fetting, both in winter andfummcr. X. And be it further enaclcd, by the authority •forefaid^ That this AJt,'and all and every matter and thing herein contained, fliall hi and continue in full force and virtue, until the firll d^y of •xax^ July, which will be in t'lo year of our Lord one thoufand fevcn hundred and ninety three. If goods be ret landed, vefleli and goods (bail be coadeiiuKd. Drawback only t> be allowed •n goods when thev ihall excctd ue. Proof to be made within u months from Ihipment. Shipnient to be mide from fia- ril'e tu ruii-ict. in Force until 111 Joiy next. CAP. 3^4 C. XIV. J'' i Ainno triccnmo fccundo GeoRgii III. CAP. XiV.. 17^ iimluniniiiry (li. aN. Uo iinte on ,5 ill (ico. id. Clip. II, lint (Ml t C.I. iiiily Itc 4 1 (I .iiikl Three Jufliru^ An ACT to regulate the Summary Triil of Afllons before Hli Mnjelly's Juiliccd of the Peace, in the Town and P.eninfula of I-lalifax. B,F, itena^eJ, by the l.Uulenant Crvfrn^r, Vvuncil tnd JfimHyt'Vlxzt fr pircd, fliall he deemed, and taken, to have fcrvcd for one ca- l(.-ndar montli, to every intent an! purpolc of this Aft. V. Aiilbc it fiirlher mailed, hy !hf authority to be appointed as aforci'aid, tv/ice in every wtck, to wit : on Tueldays and Fridays •, and fliall have full power and authority, by virtue of this Aft, to adminiltor an outh, as well to the par- ties as their witncffcs, and hear and determine all caufcr, brought before them, of wiiich they fliall have jurilUiclion, according to ctjuity and good confcicncc, regarding the ti ue merits of the cafe ; and fliall caufc a fair entry, which Ihall be ligncd by tlic laid Juttices, to be made in a bod^i by the Clerk of the faid Court, of 4hc nature of every cafe brought before them, luid of the evidence produced and examined by both parties, together with the judgment given there- in ; and (lull |ikcwife enter with i:.\c\\ caulea particular account of thcfecfi, and corft allowed to be recovered by either party, and fliall, in all rcfpefts, have, ufc and exercifc, the fame pow- cr and authority, relative to proceeding in fuch caufcs, and granting executions, as has hereto- fore been excrcifcd, and ufed by His Majcfty's Juftices of the Peace, under, and by virtue of, the fcveral Afts of the Province, for the trial of fummary aftions ; and all writs, procclles and executions, out of the faid Court, (hall be ilVued by the Clerk of the fame, under the feal, and tefted in the name cf the fenior Jufticc ; which writ, procefi or cxccutioii, fliall be always tnadc returnable at the next day of the fitting of the faid Court, unlcfs the fame fliould ifl'uc fo fliort a time before the day appointed for its fitting, that fuch writ, procefs or execution, could not be executed in time, then, and in fuch cafe, thc-famc to be made returnable the next day ap- pointed by this Aft for the fitting of the laid Court, and it fliall not be lawful for the faid Court to delay, or put off, the hearing of any caufc, at the re«juo(l of either party, but fliall im- mediately proceed to hear and determine the fame on the return of the writ or prcKcfs ; un- lefs the party, wanting a continuance, do fet forth, by aflidavit, good caufe for granting the fame ; and in cafe there fliall be more caufes before the faid Court than can be determined in one day, then the faid Court may adjourn from diy to day, until every caufe fhall be difpofed of according to law ; and the CJerk of the faid Court fluU give regular attendance in a public of- fice, to be by the faid Seflions appointed for that purpofe, during the hours each day to be re- gulated and fixed by the faid Court of Seflions ; and rhe faid Juftices, in their Seflions, fliall quarterly examine the entries and proceedings of the faid Court, and take fpecial care that the fame be kept regularly, and in good order, agreeable to the true intent and meaning of this Aft. VII. And be it further enabled, by the authority aforefaid^ That if any perfon or perfons fliali think themfelves injured by the judgment of the faid Court, he, flie or they, may appeal to the next Inferior Court of Common Pleas, to be held for the faid cc.mty, and on fuch appeal being made, the faid Court fhall fufpcnd the ifluing of execution, or further proceeding in fuch caufe, on the party appealing, giving good and fuflicient fecurity to profecute fuch ap- peal at the next Inferior Court of Common Picas, and to perform whatever the judgment of Q a fucU Perfont exempt- ed from Krvinj; inKtitAtiuiiCoiiii. Conit lielj twice ii wct.k. S wen ling bfwir- KeciflrynfidJ iiunla^lioiis. Manncrofi/n:irg procefs. The Clerk (li.H give regular at- tendance. Apnea! allowed tu InferiorCouic. J 3od C. XIV. Anno tricefimo fecundo Georgii III. 1792 How the judg- ment is to be nude up. Appea!:.rt ll.ilile to »cs. cofts if ioimd to proceed from del.iy or vexation. Xo writ of Cer/i. atari or Ilalnns (lot- pit's CumC'iiu- f,i, IlialJ be al- lowed. Kot hwi '] ior. any Juftire to comiTiit 10 j'-! but or fuitlifr cx.iin.nnioii. f r i.il'.-r .■ iv«ep- cr to iici)ii. i.'it the Cle;k v. hat otTendors i^rc coiluuiUi.d. This Court fha'' further exaniin: luch comniit- I'iient. rhf Gleik to keep all procced- i^igs io writing. Tees the Imr a» herctojore before one Judice. *rhe Clerk to keep' 10 account pfi'CW. fuch Court fliall be, and the Clerk of the faid Court, to be appeinted for the trial of fummary aftions, as aforefaid, Ihall, on the firft day of each fitting of the Inferior Court of Common Pleas, for the county aforefaid, return to the faid Court a lift of all caufes, in which appeals have been entered, and the faid Court (hall appoint a day for hearing thereof, and if the party appealant Ihall not appear to profecute the fame, fuch appeal fliall be difmiffed, but if the par- ties appear, then the faid Court ihall proceed to try the faid caufc over again, upon the evi- dence as entered and certified by the Clerk below, aad to give judgment thefeon, which judg- ment, the faid Clerk of the faid Court, ihall enter in the book, wherein the caufe and the iirft judgment thereon was entered, which entry fliall be figned by the Juftices prefent ; and in cafe the Jqilices of the Inferior Court fliall difmifsfaid appeal, or fliall affirm the judgment given by. the Court that iirft tried .the caufe, and ihall be of opinion, that fuch appeal was made without any reafonable caufe or foundation, but for delay, or vexation, then it ihall and may be lawful for the faid Juftices to give judgment again ft the appealant, for a f-'m not exceeding thirty fliillingscoft, in addition to the amount of the firft judgment, which addition- al coft fliall. be diftributed in the manner the faid Juftices fliaU appoint ; but if there appears reafonable caufc for fuch appeal, then no additional coft fliall be paid by the appealant, and no writ of Certiorari, or Habeas Corpus Cttm Ctufa, ihall be allowed or brought to fct afide any deternunation or order refpedii»g fuch caufes ?,s aforefaid. VIII. And be it further enabled, by the authority aforefaid. That from and after the publication hereof, it fhall not be lawful for any Jufticc of the Peace, within the town and peninfula of Halifax, finally to commit any perfon to jail, or to the houfe of covreflion, who ihall be charged ^vlt^l any breach of the peace, or any criminal offence, of any kind or nature foever, but if iuch Juftice fliall, on his own view, or other good information, caufc any breaker orbreak- t rs of the peace, or ciimiTial oflendcr or offenders of any kind whatfoever, to be apprehended, iUch p ifons, when apprehended, fliall immediately be carried before the Juftices, to be ap- pointed to fet as a Ct)urt for the trial of fummary adlions, if fuch Court be fitting, and if the iamc be not fitting, then it fliall and may be lawful for fuch Juftice, or Juftices, to commit the oflcndei", or offenders, fo apprehended, for further examination, and the Sheriff, Jailor, Keeper of the Houfe of Corrcdion, or other parfon. to whofe cuftody fuch offender or offenders fnall bTommitted for examination, fliall immediately give notice thereof to the Clerk, to be appointed as aforefaid, who fliall notify the faid Jui'*-ices appointed to hold tlic faid Cour' -nd fuch Juftices, together with the Jufticc or Juftices who commit- ted fuch offender, or offenders, if fuch Juftice or Juftices ihall think fit to attend, ihall affem- ble as foon as poflihie, and ihall caufe the offender or offenders, lb committed for further ex- amination, to be brought before them, together with all witncffes, and other perfons having any knowledge of the prcmifcs, and fliall proceed to a public examination of all concerned ; which examination, together with the teftimony of all witneffes, examined on oath, ihall be correctly and fairly entered in writiiig by faid Clerk^ and figned by the Juftices prefent, and lifter tliefaidjullices (hall have finiihed- fuch examination, and entered the fame in wri- ting, a' aforefaid, then fuch Juftices fliall proceed to difpofe of fuch offender or offenders as the law dirciTts, and fhall return the examinations, fo taken, in due time to the Court, to which the cognizant,"^ of the offence, or offences, fliall properly belong. IX. And he i: further cna6lid, by the authority aforefiid. That the fees to be allowed and paid for any buGncrf. whatfoever, to be tranfafted as aforefaid by the Juftices, fo to be conftitutcd a Court as ..forefiiid, fliall be the iiime as the law allows to be paid for the like fervicc when done by a firgle Juftice ; and all fees of every kind, payable for fervices done and performed therein, ib-Ji be received by the faid Clerk, who ihall keep an cxaft and regular account thereof, which account the (aid Clerk ihall ftate quarterly, on oath, and deliver the fame to tkc Juftices in their St^ftiuns, quarterly, and the faid Juftices (hall apply fo much of the pro- ceeds 179* Anno triceTiino feeundo Georgit III. C. XIV. ceeds of the whole thereof, as fliall be nccefliiry to pay the faid Jufticcs, for their attend? nee, the faid Clerk, and all other charges which may arife, or be neceffary to go to, for the hold- ing and eftablifliing of the faid Court, and ihall apply the overplus thereof to fuch general uies as the faid Juilicei; fhall from time to time think neceflary for the prefervation of the peace and good order of the faid town and peninfula. X. And be it further enafleJ, by the authority aforefaid. That no judgment or proceeding can be given or had in the faid Juftices' Court,' but with the con&nt of two atleaft of vhe Juftices, to be appointed Judges thereof as aforefaid, and two of the faid Jufticesfliall be a quorum to hold faid Court, and the procefs, warrants and executions, of the faid Court, {hall extend throughout the county of Halifax, in the lame manner, and with the fame effed, with the procefs, warrants and executions, of one or more Jufiices of the Peace for the faid County u aforefaid. XI. And be it aifo further ena^ed, by the authorily aforefaid^ That this AA ihall cor tinue and remain in force, for, and during the term of", one year, from and after the publication hereof, and no longer. 307 Fees to go ior Ike payment of Juflicci, and the Clerk, and de« fraying ehargef againltfaid Court. The decifloot and powers of the JuIUcei. K& continoel for one year. CAP. XV. An ACT for applying certain Monies therein mentioned, for the Exeewsd. Services of theYearOneThoufand Seven Hundred andNinetyTwo, and for appropriating fuch part of the Supplies granted in this Seffion of General Aflembly, as are not already appropriated by the Laws or Ads of the Province. CI. Anno tricefimo tertio Georgii IIL. '795^ At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Twentieth Day of March, Anno Domini 1793, in the Thirty-Third Year of the Reign of Our Sovereign Lord George the Third, of Great-Britain, France, and Ireland, KING, Defender of the Faith, &c. being the Firft Seflion of the Seventh General Aflembly convened in the faid Province.* •In the time of Sir John Wentworth, Licutenant.Go»ernor ; Thomas Andrew Strange, Chief Juftice,, and Prefident of: Coandl ; Thomas Barclay, Speaker ; Jumei Caufier, S«:r«ary of Council ; and James fl. Franklin, Clerk of Afftmbly. CAP. r. An, ACT for granting to His Majefty certain Duties on Wine, Rumj,, ror Arisen the and eH other Diftiiled Spirituous Liquors, and Brown Sugar, for the purpofe of paying the Intereft, and reducing the Principal, of the Public Debt of this Province. fubjeft of- Ucve ruf, 'ee note on 3 ad. Ceo. jd. cap. 13. BE ii owned., by. the Lieittcnani Governcr,.Council and A(fc:nbl\\ and it is Jxreby enaffedy That from and after the publication hereof, there fliall be raifcd, Icvicil, collected and paid, to His Majefty, his heirs and fucccirors, for the ules and purpofcs aforefaid, upon all wine, rum, and all; other diftiiled fpirituous liquors, and Iwown fug^r,, (maple fugar excepted) now within, or licreafter to be imported into, or manufaftured within, this Province, the refpcflive rates, du- ties and impolitions, herein after mentioned, that is to fay •, for and upon all wine which now in, or {hall be hereafter imported into, or made within this Provirce, the fum of fix pence per gallon : to be paid by the importer or manufafturer of them. For and upon all r jm, and all other diftiiled fpirituous liquors, which are now in, or {hall be imported into, or made within, this Province, the fum of fix pence per gallon : to be paid by the importer or manufa(flurer of them. For and upon every hundred weight of brown fugar, (maple fugar excepted) the fum cf one {hilling ; which faid rates, duties and impofitions, fliall be raifed, levied, collected, and paid to His Majefty, his heirs and fucceifors, by the ways, means, methods, rules and direftions, and under the penalties herein after mentioned and exprelTed, that is to fay : All and every perfon and perfons, who have heretofore imported, manufactured, or now have in thoir pofl'edlon, ary ment of duties, ^f ji^. ],crein enumerated articles, on which the duties heretofore impofed, have not been paid, , I ] , , , {hall pay all and every of the duties, rates and impofitions, due aiitl payable thereon, under, and u;piv Jaty. bv virtuc of, and agreeable to, the feveral laws made and provided in the feventii feflion of the fixth General Affcmbly of thij Province, begun and holden on the fixth day of June, in the ■"e^r one thoufand fevcn hundred and ninety two, for the purpofe of raifmg a revenue for the ufe Duties payable on wine, run), Di'ty on wine. Duty on rum, &c, Duty on fugar. .Mode of pay- C. I. Anno tricefimo tertio Georgii I}!. >793 309 Tmporterofwine, rum, ice. and fu- gar, to render an account within 14 hours after the arrival of vcllel, ufe of His Majedy, and the fupport of the GoTcrnment of this Province ; out of which duties fo now due and unpaid, the amount of the rates and duties hereby impofed, fhall be appropri- ated and applied to the purpofcs herein after mentioned and expreffed; and that all and every merchant, and other perfon or perfons, who fhall, from and after the publication hereof, import or bring into this Province, in any fhip or v;ffel, or fhall receive, or have configned to him, her or them, any wine, rum, or otlier diflilled fpirituous liquors, or brown fugar, (maple fugar excepted) he, fhe or they, fhall, v/ithin twenty-four hours after the arrival of fuch fliip or vcf- fcl, in any port, harbour or creek, within this Province, and notice thereof given to him, her or them, render an account on oath to the Collector or Colleftors of Excife, for the dif- triftin which fuch merchant, confignee, or other perfon or perfons,- fhall refide, fetting forth, and fpecifying the quantity of each of thefaid enumerated articles, fo by him imported or re- ceived, the nature and kind of cafks and packages in which the fame is, or are, contained and packed, with the marks and numbers the ''"of, and alfo the place from which they were im- ported and brought. And that the mafler, or owner, and the fupercargo, if any tliere fhall be, of any vefiei 10 importing or bringing any of the above enumerated articles, fhall alfo, with- in twenty-four hours after the arrival of fuch veflel, at any port, harbour or creek, within this Province, report to fuch Colleftor or CoUeftors for the diflri(^ in which fuch port, harbour or creek, flialllie, the quantity of each of the above enumerated articles, laden on board fucK fhip or vefTel, the cafks or packages in which the fame arc contained, with the marks and num- bers of them, with the name, or names, of the perfon or perfons to whom fuch article or arti- cles is, or are, configned, and fliall verify his, and each of their fliid report, by oath, before the faid Collector or CoUcftors. Importer or Conftgnce's Oath, . I A. K. do fwcar, that the account 1 have now rendered and fubfcribed of the wine, rum, and other diAilled fpirituous liquors and brown fuprar, to mc belonginsror configned, laden on importer or Con- board, and imported m the at is a true account or all the wine, rum, and other diflilled fpirituous liquors and brown fugar, laden on board the to me belonging or con- figned, and that no wine, rum, or other dulilled fpirituous liquors or brown fugar, laden on board 'he to mc belonging or configned, hath to my knowledge or behef been landed, fold, delivered, bartered or exchanged', at any port or place within this Province, or on the coafts thereof. Owner, or Su- percargo, to pro- duce a .nanifcfl of the Ttlid's cargo. Majltr's and Supercargo's Oath. I A. b. do fwcar, that the report which I have now made, read and fubfcribed, contains a juft and true account of all the wine, rum, :..»d other didilled fp.'rituous Liquors, and brown fugar, laden on board the at and that I have not landed, or fuffercd to be landed, fold, or delivered, bartered or exchanged, any wine, rum, or other drQilled fpirituous licuors, or brown fugar, at any port or place within this Province, or on the coafls thereof, fince my failing from And fhall alfo obtain apcrmitfrom the faid Collector, or Colleftors, fm* landing the fame, at feme certain wharf or place, within his or their dillrids, which permit fliall be in the words following : Permit A. B. mafler of to begin to unload the cargo of the faid veflel at wharf, or landing, within the diflrift of and to continue to unload the lame, betwixt fun rifing and fun fetting each day, until fuch vefTel's cargo fliall be difcharged. Given under aiy hand, at this day of A. D. 1 79 And MarterN .jnu b'.. pe:cargo's o:.lh. Permit to luiiJ 19H the articles. '^H yM Form oftheper- ^,^iffi miu ^'11 E 1 f'3 '^H ' )^k ' im 3 TO C. I. Anno trkefiino tertio Georgii III. ^795 And if fuch m.iftcr, owner, or confignee, or other perfons, Ihall ncgleft to make fuch re- Tha Maftcr, (igntftneglefling portj OF Ihall bleak bulk of, or on board fuchfliip orveflel, or fliall unlade or land any of the tu m^l^s 'epo'i*> (aid enumerated article:!, before he, fhc or they, (hall have made fuch report, and obtained ■ivithout pcimit fuch permit, or flnll unlade or land any of the faid enumerated articles, or either of them, at any other place, than is fpecificd in the ftiid permit, or Ihall renjove, or carry away, or fuf- fcr to be removed, or carried away, any of the faid articles, from the place fpecified in the faid permit for landing, before fuch wine, rum, or other diftilled fpirituous Jiquors, fhallbe guagcd, and fuch fugar weighed,- under tlie diredion of the faid Collcftor or Colleftors, and ihall have Iccured the rates, duties and impofitlons aforefaid, as is herein after directed ; and not having a permit for fo' removing the fame, in the words following : lubj.;(fl to penal Permit A. B. to remove from within the town of varot' th^Tti- having been already paid or fecured in the Colledor's office, at ^'"- at this day of A. D. 179 to the duties thereon ■Giveu under my hand \m u hi If: It ii ■ 4'enalty fcr fuch ss tranffjrejj in •!i:s ft.fpcit. Peimii r. r I.>n,J- iiiR, by iho Col- Jcttor ; ami the (Aiufiing and velghing ui tl." Article?. ■Secit! inc;.lhc du- ties. Owners of dillil- leries und niinu- -faflorics, to icn- dijr an account of the articles dif- tilled Of manu- Ikaui'-'^- Every fuch merAant, owner, or maftcr of fuchveflel, confignee, or other perlbn or perfons, fliall forfeit for each and every offence, the fum of one hundred pounds, and the fhip or vef- fel from which fuch articles, or any, or either of them, Ihall have been fraudulently and clan- dcftinely landed, fl)all become forfeit, and fhall be fci/ed by the faid Colleftor or CoUedors, ihall be condemned and fold, and the proceeds of the fale thereof, dtflributcd iu manner and •form herein after directed. \l. Be it further cnaHed, by the authcrity afrefukl. That on the accounts and reports being made as aforcfiiJ, and by the perfons herein before mentioned, of all, and every part of the above enumerated articles, which fliaill be imported into this Province as aforefaid, the Col- leftor or Ck>llcctors of Excife, for the diftrid, into which fuch articles fhallbe imported, fhal! t:;ivc to fuch merchant, confignee, or mafler, a permit to break bulk of, and to unlade from liich fliip orvefl'el, all and every the herein before mentioned articles, and to land the fame at luch wharf or place, as fuch Colledlor iliall think mofl convenient to the owner, or confignee, of fuch articleo, and ihall proceed to ^age fuch wine, and fpirituous liquors, and mark the name of the ifland from whence the faid fpirituous liquors came, on the head of the hogfheads or cafks, in which fuch fpirituous liquors are in, at the time of guaging the fame; and to weigh fuch fugar, and after weigliing and guaging the faid articles refpeftivcly, fliall proceed, in cafe the duties on the articles fo impprted fhall not amount to more than ten pounds, to collccl the fime, before the importer Ihall have a permit for the removal of the (aid articles, and in cafe fuch duties fliall amount to more than ten pounds, then fuch Collector fliall proceed to fecure the faid duties, by taking a bond or bonds from fuch importer, owner or confignee, to His Majefty, His heirs and fucceflbrs, with fufTicient fureties for the payment of the rates and duties herein before mentioned, in manner and forn. following : thait is to fay, one fourth part of the faid rates and duties in three months, from the giving fuch fecurity ; one other fourth part of the fame rates and duties, in fix months from the giving fuch fecurity ; one other fourth part of the faid rates and duties in nine months, from the giving fuch fecurity; and the refidue of the faid rates and duties, in one year from the giving fuch fecurity. ill. Be it further enafled^ by the authority aforefaid^ That the owne*" or owners of any diftillery, or diftilleries, or other pcrfon, who ihall manufa^ure any diflilled fpirituous liquors, within this Province, and . in cafe fuch diftillery or diftilleries fliall be carried on by any fervant or fcrvants, having the care and management of the fame, fuch owner, mafler, fervant, or fer- vants refpeftively, fliajl, on or before the fecond day of each and every month, after the pub- lication of this Aft, render a true account in writing to, and on oath, made before the faid Coileftor or Collectors, of the quantity of rum or other diftiUed fpirituous liquors, that hath beca 1793 Anno tricefimo tertio Georgii III. C.I. beert manufadlured or dlRilledin his, her or their, dif^illery or diilillerlcii, and fliallgivc fecurity for the payment of the rates and duties onfuch rum, or other fpirituous liquors, by this Act im- pofed, in manner and form, as in this A6t is directed, with refpeft to fuch articles as fliall be im- ported into this Province, under the penalty of one hundred pounds, for each and every ncglcft. IV. Be it further enabled, by the authority a/ore/aid. That in cafe no perfon fliall appear, to pay, or give fecurity for the rates and duties herein impofed on the faid enumerated articles, within twenty-four hours after the fame fliall have been landed and guaged, weighed or re- ported by the diftiller thereof, as above required, that then it fhall and may be lawful for the faid Collcftor or ColIecVors, to te duties, Dutiable articles, nottobercmoTed. withouta permit. Formofp«rmic. uors, within VI. Beit further enabled, by the authority aforefaid., That in cafe any of the above enumerated articles fliall be found in the pofTefllon of any perfon or perfons whomfoevcr, or fliall be found laden on any cart, truck, waggon, fled, horfe or horfes, or on board any boat or veflels, the rates and duties herein mentioned not being paid or fecured, or without the refpeftive permits by this Act required, the perfon or perfons in whofe poflelTion they fliall be fo found, fliall for- feit fifty pounds, and all and every fuch articles, carts, trucks, waggons, fleds, horfes, boats and veflels, fliall be forfeit ; and that where any queftion fliall arife whether the aforefaid rates and duties have been paid or fecurcd,the proof of the payment, or the fccuring the fame', fliall lie on the piftflTor or claimer of fuch articles. VII. Be it further ena^ed, by the authority aforefaid. That in cafe any perfon fliall be d efirous to export or carry, in any one fhip or veflel regiftered according to law, any quantity of wine exceeding two hundred gallons j or any quantity of rum, or other diftiUed fpirituous liquors, exceeding four hundred gallons; or any quantity of brown fugar, exceeding ten hundred weight, oul of this Province, to any Kingdom, State or Colony, fuch perfon or perfons fliall, previous to lefliipping, exporting or «:arrying, the fame out of the Province, obtain a permit, authoii- fing him, her or them, to export the faid article or articles ; which permit the laid Colleftor or Collcftors fhall give without fee, upon fuch perfon or perfons giving fecurity, in double the valucofthe duties impofed in and by this Aft, on fuch articles as are intended to be fo exported, that the fame fhall, within three days from the time of requiring fuch permit, be laden on board fome {hip or vefTcl, and be, without unncccfTary delay, tranfported out of, and fhall not be fraudulently relanded within, this Province : after obtaining which permit it fhall and may be Iwful, after the fame has been firft guaged ar*d weighed by the proper officer, to lade the fame Articles founil ia pofTcllijn of any pel foil, or UJcn oh any cart, &c> Such perfon to forfeit j o). Proof to be made by owner. Perfons defirous of exporting wine, rum, and fug.ir, to obtain t periHiu- X9. 3'* C. I. Anno triecfimo tertio Georgii III. '793 on board any fhip or veflel for exportation, in the prefence of the faid CoUeftor or Colleftors, weigher or weighers, gaugcr or guagers, for the diftri^l, or either of them. And the expor- ter, and maltcr of the veffei on board which fuch articles (hall be hxden, (hall refpeftivcly make and fubfcribe before, and leave ih the hands of the Collc<5lor or Collectors w'^o fhall give the faid permit, the following oaths, viz. fotinof Lxpor- xcr's Oatli. Exporler*s Oath. I A. B. do fwear, that the C. D. is mailer, bound for now aftually by me fliipped on board whereof is really part of the ftock of imported from in the from the ifland of entered in this office, and is of the proof of the faid ifland as imported, and is not intended to be relandcd in this Province. Maflei's Oath. Time allowed for payment of duty on exported Stock. Articles naudu- lently rclanded. Wine, rum, &c. fupplied for Hii Majefty's army, or navy, exempt ^'rom duty. Majler's Oath. I C. D. do fwear, that is now actually fliippcd onboard the of which I am mailer, bound for and that the fame hath been laden on board the f\id for the purpofc of exportation out of this Province, and that the fame is not intended to be again land- ed, fold or exjchanged, in any part of this Province. After which oaths, made and filed as aforcfaid, with tlie faid CoUedJor or Collectors, the duties fecured on fuch articles as are fpecified in fuch permit and affidavit, fliall not be demanded for the fpace of twelve months afer the date of fuch permit ; and in cafe, fuch exporter fliall, at or before the expiration of the faid twelve months, produce to the Collcclor cr Colleftors, from whom he obtained fuch permit for exportation as aforcfaid, a certificate under the hand and feal of the principal officer or officers of His Majefty's Cuftoms, at the place to which fuch articles fliall be exported, of the proof of the faid fpirituous liquors, and that the fame have been, to his knowledge, landed within the port of which he or they is or are principal officer or officers j or in cafe fuch enumerated articles fliall be exported to any foreign coun- try, fuch exporter fliall produce the like certificate from His Majefty's Conful, or Vice-Conful for fuch foreign State or Country ; that then, and in that cafe, the faid exporter fliall have credit with the faid Colleftor or Collectors >. 5 Excife, for five fixth parts of the amount of the duties fecured for, and on the articles fo by him exported out of this Province ; and in cafe the rates and duties herein laid and impofed, fliall have been paid, fuch certificate fliall entitle fuch ex,porter to receive the amount of the faid five fixth parts of the faid rates and duties fo paid from the Treafurer of the Province. And if any of the enumerated articles wiiich fliall be fo fliipped for exportation, fliall be fraudulently relanded in this Province, fuch articles fo relanded, fliall be forfeit to His Majefty, His Heirs and Succcflbrs, together with the fliip, boat or veflel, from which they fliall be rclanded, and all and every pcrfon or perfons, who fliall be aiding and affifiing in fuch relanding, fliall forfeit and pay the fum of fifty pounds, to be profecuted, recovered and diftributed, as is hereafter direded. VIIL Be it further ena&ed, hy the authority aforefa'id^ That if any merchant, diftiller or otlier perfon, fliall fupplyfor, and on account of His Majefty's .irmy, navy, or careening-yard within this Province, any rum, or other diftilled fpirituous liquors, for which he fliall have paid or fecured the duties and rates by this A c. make (latli of tlitir lici;!^ f >r tliv: life ot H'>! Maj.tlyMlivice fcin-.of theoutli VL. Be it'ftaiher cna{1ccU h\ the autborUy fn,,l. tv ot I -cl. fir Dcalcft 16 to i]j. Ptrlonf fwiMrinr; filli'lv, gi'.i'ly ct Sttrr'iVto ! t'jn uy Li: Jioc- Frofcciitioni a- gaintt fuch as a:>iiRdi;:i' this Act. ReroTcry anl' appkcauun ui filK5. Speiial Jury al- lowed tor ihcdc- ciliuu vi c.ih1°.s. Atino trlcjfiai3 tertio Georcii in. '793 houfe, fiiop, ftore or cellar, dachiriag ine purpofe for which hie i* about to enter into the • fiuTie, after which djixund or dcclanuton, made as aforcf.ud» in cafe the door or doors of fuch dwelling-houfc, (hop, florc or cellar, (hall not be opened, it (hall and may be lawful for fuch Juftice of thcPeacc, to direct and order the faid CoUcdorj Landwaiter, Cuiger or Weigher, forcilily to enter into fuch dwdlinghoulb, (hop, (lore or cellar a* afbrcfaJd, at any time be- tween fun rillnj; and fun fcttin;j, and to fcarch for any articles herein- enumerated, and to fcizc fuch of them whereon thefaid rates ami duties (Itall not luvcbccn paid,, fccuxed, or permitted to be removed , agreeable to the provifions of thia Aci; X. Be itfttrthir enaSltJ, hy the authority oJircfaiJ, That all and every • Collector or Colldclors, appointed under and by virtue of diis Ac>, (hall be, and arc hereby authorifed to adminiftcr any, and all, the oaths by this Aft appointed to be- taken and made ', ■ and that if any fucli Collccloror Co!leclors fljiiU omit to adnijavfter, or (hall difpcnfe with any of the oatlis by tlii; A'ft rccjuireJ to \k taken, by the pcrfons therein mentioned, fvich Collector or Collectors, fliail forfeit and pay the fum of one hundred pounds, for each and every neglccl, and that in cafe any perfon or pcrfons lliall make oatli to any falfc reports, orfliall falfcly fwcar to any o- thcr nutter or thing, . hereby required to be verified on oath, before fuch Collector or Col- kdois, tlic perfon or perfons fo offending (hall be deemed guilty of corrupt and wilfill per jury, and (lull on conviction thereof, be liable to, and fuITer all the pains and penalties by law in3i(fhed on peiionsguihy of corrupt and wilful perjury. fl he iith.ittl;, ijih.Ljth, i6t!iar.ii igih, fictions of tiihi Asfl .ircrot re-piiiitei1, the fame having txicn executed by the p;iy- !i.c"*. nf t!ic ?jb!;c Debt, to whicii p'.iipol'j tlide Jiitit* were, by fuch fcitions, appropriated, and tliefe duties arc now, by ,i fulif.i.;u, :i.pp'.iL\lto the ^-■r.tr.tl puipoUs of GuvcrnrDent.] XV. Be it further cnadcJ., by the authority aforcfaid. That CTcry perfon who fhall b6 appointed a Collector of the Rates and Duties by this Act impolcdand laid, (hall, before he enters on the execution of the oilice, give bond to Ills ^Llic{ty, his heirs and. fuccelH)r«i with two good and furiivicnt furcties in the fum of one thoufand pounds, tha CollotTtoi-Mir Colleftors of Ha- lifax, excepted, who. (hall give bond as afoielaiclin the fum of .two thoufand pounds^ for the true and fiuthful. performance of the duties of the ollicc of Collector, agreeable to the true in- tent and meaning of this Act. XVIt. And be it fiirlJxrtnancdy.hy the authority nfurefaiJ, l^h'iXM any action or fu'it (hall be commenced' againft any Collector, or other oilicer or officcvj, by any perfon or per- fons, for any tiling by him. done in the execution of his oilicc, by virtue or in purfuancc of this Act, !ie or they (hall and may plead, to fuch action i>r fuit, the general ilfuc, and give the (JKcial matter in evidence at the trial to be h.idthereon ; and if it fljall appear to have been done in purfuancc of, and under the authority of, this Ait, the jury (hall find for the defendant or defcnd-ints, and fuch defendant or defend'ants (hall recover his or their colts of fuit. XVllI. Be it further emiclu!, by the authority afrei'mU That all fines, penalties and forfeitures, ftir any offence againft this Act, (luill be profccuted, levied and recovered, by bill, plaint or in- formation, in any of Hi.s Majcfty's Courts of Record within this Province, and that one moiety offi^ch fines, penaliics and forfeitures, (hall be to His Miijeity, his heirs and fuccefl'ors, to.be applied to the fupport of the government of this Province, the other moiety to him or them that (hall dilcover, inform, or (ue for the fame, together with full co(t» of fuit. And that on all profecuiioiis for any fines, pcnahics and forfeit lues, for any f>(Tences a^:^*;\inft tliis Act, the profecutor and defendant (hall be entitled to.dc;iiand a fpccial jury for the trial thereof, and to take the depolitions of witncifes to be ufc-il in evidence at fuch trial, as is practifed and autho- rised by the laws and ufigcs of thisPro\'ir.ce, in civil actions. (The 19th TciTiion limited the ilur;tiioa of tikis Avt until the Hi*^* o.i'd, whicli biing executed, the fame has been continued by a lubfttiu'-iit ACl .jr utlicr puipcRs.J CAP. -Anno tricefimo tcrtio G"EOROii III. C. IMV, .•) '5 CAP, II. An ACT to amend, ind render more produdlive, an A£t palfcd in tlic Thirty-firft year of His prcfent Majefty's reign, entitled, an Act ,to raife a Revenue, for the purpofe of paying ofl'all fuch Debts as are now due by the Province, or which Ihall become due be- fore the firft Day of July next, the funded Debt only excepted. CAP. Ui. An ACT to prevent obllruclions t)f the Navigation in the Ports, Harbours, Rivers and Creeks, within this Province. WHEREAS f«w/j injur f bath of lute happened, by f he pra(li:c of heaving balhifl wcrihc f.des ofjhips, andother v:ff'Js,i-oming inft the ports,, /.nirkurf, livers and creeks, within this Pro- vince ; for remedy uihcnof: 1. Be it ena^ed, by the Ijeutenant Governor, Ccumil and AIJembly,'V\\iX. from and after the publi- cation hereof, no ballaft (hall be unladen, or thrown o\'crboard, from any fliip, vend, or bn;it, below highwater mark, into any port, harbour, river or creek, within this Province, oral the entrance into the lame; and that if any niiifter or fcamcn, or other perfon on board any Ihip, veflel, or boat, fliall unlade, or throw from on board any fliip vcflcl or boat,^ any ballaft, be- low high water ntark, into any jwrt, harbour, creek or river, or at the entrance of the fame, fuch mafler, featnan, or other perfon, 'fliall be obliged to remove fuch ballaft or impediment, or in default thereof, fljall forfeit and pay a fum not exceeding twenty five .pounds, to be fued for and recovered, by information or complaint, before any two of His Majefty's Juftices of the Peace, for thecounty wherein fuch oftcncc fliall be committed, one half of which penally fliall be to the ufe of the perfon or perfons who fliall fuc for the fame, the other half to the ■ufe of the poor of the townfliip wherein tl»e offence fliall be committed, fubjecl to an appeal to the Court of Common Pleas, in, and for the county where fuch offence iliall be committed, upon fccurity given, for profecuting the fame to effecl. rh'.sA:'f'.'M'''if'l For Acts on tliii flibjict fee note on I ,-tli Cto. i<\> c*\-i, 6. Prcanible. No b.i'Utl to \)t tliKiwii from any vcd'el, 01 boat be- low liifih w;ittr niaik, into any I'oit, iiaibour, liver, &c. Penalty for f.ich ics tranJfircft. Recovery and api liciiRun 0^ penalfy. GAP. IV. An ACT in addition to, ^nd in amendment of, an A^, pafled in the Thirty-fourth Year of the Reign of his late Majeity, entitled, an Aft for appointing Commiffioners of Sewers. WHEREAS /■/ is found by esperier.ce that the power bylinv ve/led in .perfons hekhng fnarcs of, or rights in, marflns,muidniniifll, He rote on .iiii Oca. id. cap. 1;. Frciioible. MSXTiagcibe- fore MAgukates anil L.iy KTluns, niudi valid. IfTueofAichma'- riug..s made k- giiiiiiaic. M:ij;i(liates, J.c. V li" li^ivt. UrKlV. niicdiliich m.ii- li.igfs, iniiciiuii- UcdiVcmpcn.i'.ty An ACT* to render and make valid, certain Marriages, heretofore folemnized before Magiftrates, and oth.r Lay Perfons. WriF.RE AS in fame parts efthis Phvincc, oiuingjo the remote fituation (if tic irhahltanfs from any Clergyman, in the early fcttkment- of the fame, divers marriages have been heretofore ir' regularly folemnized, before Magi/irates, and ether Lay Perfons, otherwife than as ky law required : I. Be ii enadcd,by the Lieutenant-Givernor, Council an! Affembhi and it is hereby ena&cd. That all marriages heretofore folemnized before Msgiftrates, and other Lay Perfons, \tt thd prefence of one or more credible witnefs or witnciTcs, and where the panics fo married, have co-habited togetlicr, fliall be deemed, and taken, lawful, and of as much force and validity, as If the fame, had been foldmnizcd before a Minifter of the Clmrch of England, with all tire forms required by law. II. Andbt it further ena6kd, by the authority aforef lid, Th.it the. ifiue of fuch marriages, hereby, made valid, fliall be, and the fame are hereby made, legitimate, to all intents and purpofes what- foever. \\\. And be it further enaUed, That all Magiftrates, and other Lay Perfons, who before the publication of this Aft, ihall have folemni/cd any of the marriages, which arc hereby enafteu to be valid, fliall be, and they arc, hereby indemnified aga,inft the penalties, to which tiicy arc otherwife by law fubjcft. C/iP.. ms' Anno tricefimo tcrtio Georou III. CAP. VI. C. VI» zn An ACT in addition to, and amendment of, an Adl, made in the Fifth year of the reign of His prefent Majclty, entitled, an Ail to enable the Inhibitants in the feveral Townfliips in this Province, (Halifax r.r Avison •!.;• excepted) to caufe any ablent proprietor or lands withni the lame, (n,thGco. ^ which fuch land fliall be fituate, or the Survcycrfi of Highways for fuch dillricl, (hill report to the Jufticcs of the Peace for the county, in which fuch diftric^ may be, in their Spring Scllion, the amount offuch rates, taxes, and fines ; and it Ihall and may be lawful for' the faid Juftices to order the Clerk of the Peace forthe faid county, to ndvcrtife to be let, fuch landsj for the fp.ice of three months, in' the mrft public places, in the county and townlhip, wherein fuch hnds may l(rfituatcd J and if no perlon fliall be found wilting to give as muc!v for the hire of the fame forone year, as tHe amcuTit of tl>c rates, taxes, and lines, as above, with rcafonable' charges for advertil).ug..tl»c fame, then it Ihall and may be lawful, upon rcprefentation for that pur. pofe, by the faid Clerk, to the Supreme Court, for the faid Court in all fuch cafe? to direct a falc to be made at public auction, to the hi jhcft biddch, o'.' fo much of the dclinciuent's lands as (liall be fufticient to piuy the amount of his, or their, faid rates, taxes and fines, together with the charges of fuch fale, and good and fuflltient deed t;r dCcds of coi.'veyance of the land f) Ibid, to be niadc and executed, by, and in tbe 'naniivof, fuch Clerk of the Peace rcfpeflively, rca fan able means having, been previoully ufcdby the faid Cuur% iccordingto its difcrction, for the afccrtaining of the proprietor, and for the t labling of Iiini by due notice, to prevent t.'ic neccflity of fuch file, by fatisfj-ing the fud charges and expenc^is, wil!i the toftb attendir.g fuch enquiry and notice as aforefaid. P/-ffWi7c£' l.a.is. 3>8 IHn.liv >-r (1.1. K'.l lis flrjllt^'t. it.ntor jvjit .li. I iii|i,''i.,«. C. VII-VIII. Anno triccfiino tcrtio Georcii III. '793 n. /nd be it further enaClcA, TIui if ;inyi CoUctfkor of 'I'axcSjOr Surveyors of llij^Iiways, (hall, lMi\'u)U5 to tlic expiration of Iiih oilicc, ncgUcl to make rc|)(>rt \\ auiiiiicr .is herein before cli- reeled, he (hail forfeit the fum of twopoumin, to \k ap|)lied to the relief lu" the Poor of tijc inwniliipfor uLith he (hall be thofen, ami if any Clerk i.f the IVaec (hall refute or negleft to iiKike iuili uiucrrntaiion asii herein before dirci^eJ, he fluU foifcit the like fuin, to be . njiplied to the ianic ufe. CAP. VII. A.i \CT for extending to the fevcral Towns of Windfor, Annapollt and Lunenburg, the Provifions of an Ad, palf d in the fecond year (.f tlic Reign of his prcfcnt Majcfty, entitled, an Ad for ap- pointing Fircwards, afeertaining their Duty, and for punilliing Thefts and Diforders, at the Time of Fire ; and alfo, of the feve- ral A6ls nwdc in addition to, or amendment of, the faid A<5b. WllEI^EAS/V U expedient and n$ccffltry, that tfjcfavtralprovljions eontaineti in the Acl^paffld in the fecond year of the reign of his prefent Majefljy cnlitlecl, An Acl for appointing fire- wards, afeertaining their duty, and for punUhing thefis ,ind dilbrdcrs at the time of lire ; and aUo the fcveral Acls, made in the twenty third, twenty eighth, and thirtieth years, of his faid Majefly's reign, in addition to, or amendment of, the did Acf , (liuuld be extended to the towns of Windfor, Annapolis ajid J.uncnburg. I. Be it therefore enaHed, l>y the JJcutenant Go^'ernor, Council and ylfimb/yy TJiat'from and after A'l (or Aproint '^''<^P"b'*^*t'f 'hereof, thc fcvcral matters, claufes and things, fpeeilied andcontaincd in the faid ingiiie\v.irttsex. before recited Acl!S,(haU be, and the fame are hereby extended to thc fcveral towns before men- tioned. /*ronen,to be employed under him for that purpofejmve been fiocrn to the faithful difchar^e of their duty. And -whereas it frequently happens, that perfons employed as chain bearers in laying out lands, are under the neceffitf of travelling a great di/iance, in order to have an oath adminijlered to them, byfome one of His Majeflysjuflieesofthe Peace, previous to their, the faid chain bearers, proceeding to ajfjl in laying out fuch lands, which is attended idtl/ expcnce and inconvenience : for remedy whereof: Adoiiiiii>criiig of I. Be it enaHed, by the Lieutenant Governor, Council and Affismhly, That from and after thc pub- Oijtlis to Cham ^cation of this Act, it (lull and may be lawful for all Surveyors who are, or may be appointed by the Surveyor General gf Lands, ashii deputies, wiicr.c thercisno Julticc of thc Pciicc v ithia two '793 to be '7!)3- Artno tHccdtno tcrtio Georcii IlL C. IX. two miles of the place, where any furvey is to be made, to adminiftcr an oath, or affirma- tloii, as the cafe may rc(|uire, to their chain men, before they proceed upon the fame, that they will' well and truly perform that fervicc, according to the bcft'of their (kill and judg- ment, and accordin;^ to tJic directions they (hall receive from the faid deputy Surveyor or Surveyors. II. And bt ii further enaHedt That no Jufticc of the Peace, (hall cxaA oi* take any fee or re- ward for adminiftcfing any oath, provided for by this Law. 3^9 No kt Tor tA' niiniltrilnK u^tM bv H Jultic* lube ukcii. CAP. IX.- An ACT to enable the Inhabitants of the Town of Annapolis^ and the Officers of His Majelly's Garrifon, ftationcd for the tunc being hi the faid Town of AnnapoHs, annually to nominate and appoint Supcrvifors, to take charge of th<: Common appertain- ing to the faid Town, and for other purpofes therein mentioned. Wn EREAS the inhahittints oftLetoivncfAiuupoHs, in ih.' ecunty ofJnnapolrs, have, at a very great ex pence, dyked a marjh,fttuated n^rth if llcfiid toun of Annapt/tis, ami whkh nuirjh IMS njcri'td, in and by tlis Mnjcfifs Idtcr pat-nt; to Erafinut 'Jama Pbdips, and others, bearing dale thejixth day of 'ieptenti'er, in the year cf our L^rd, iy^% as a perpitnaf eommtn, Corpq/lurage to,and omcrgfi, the faid grttfitees, and ail the inhabitants in the tnon of Annapolis:^ aitd ^arrtjon of the fori of Annapolis.) Andivhereas it vjill tend greatly to theadtantage of the proprietors of the faid common, to have proper perfons amwal/y nominated, to take charge of the faid marjh, and to make ridvs and regu- lations for the government of each perfon,' having a right of common in the faid marj]} *. ■ I. Beit therefore cnaflcd,hy the I jetttenant Governor, Coitncil and Affimbly, Thnt it fliall and may- be lawful, for the! Grand Jury of the county .of Annapolis, annually^ at the Spring Court of Sclllonsof the I\ace, to nominate fourof the inh;il)itants of thetownof Annapolis^ as fupervifors of the faid" marQi, out of whom the faid Court of ScfBons of the Peace, (hall appt)inr two, to be fupcrvifcM-s for the year ;hen' next cniuin:;, who flxall refpeclivcly be fworn to the faithful difchargc of their duty hereafter fct. forth, in and by this Aft. II. And be it further cnadcd, by the authority afhrtfaid. That the commaridlilg, ofTtccr of tlic garrifon of Annapolis, for the time bcing,'if a comnnlTioned officer, fliall be a third fupcr\ifr)r for the purpofes hereinafter exprelTed, and if at any fpring Courc of Scfilons aforefjrid, tlicre fliall be no commiflioncf! officer belonging to the faid garrifon, flationed at Annapolis, tiien, and in fi:clj calc, the faid Grand Jury (lull nominate fix of theaforcfaid inhabitants as fuper- vifurs aforefaid, out of whom the iiitd Court of the Scffions of the Peace fliall appoint thi*ce to be llipervifors for the year next enfuing, wliich faid fupervifors are hereby impawcicd and di- rCvfied to meet ant! convene together, from timj to time, asoccafioiim.iy reiiuiro, to \ iew, con- fider, confult, '.'.nd order fucHways and methods for repiiiring the dykei, ar.d aboitcaux, ard ditches of the faid marlh, and for fencing the fame, (>r repairirg tiie fences thereof, and to af- ftfs and tax eiK'h and every perfon, entiiled to commonage in the laid marili, his equal |T(VK;r. tion of labour, in, and tov\ards the fame, and from time to lime, as occailru may require, to Gallon fuch perfon or pcrf(>nsfor the performance thfrejo(:>, fie note on 3.1th Geo. jd. cap. n. rieamblc. Appointment tf' .Suj-trYiCurs of the Comniun of' AiiAapoliii. 'I ^c CunitD.md-' '"j; tff.coi i)t ihe f J.iriiliii (;f An- rJi>(/ii,-, it .ii'.'m nuiiiiiiifd dituY'r,. tn lie •T- Vilur. Hum- \.i'u.». IV':". i « !;. ! Si;' .i\i:Liii 3^^ C. IX. 'Airino. tricefimo teptio Georgii III. I I -A^- crlirtrntnt ♦(»!■ "lie opeiiinj «*/ ccmraoii. rc<:ovcred befor? any ax His J'aAJclly's Jufticcs of tli^ Peace, in aqcj (ox the County oi" Annapolla, ,i'n the oath of oi.ecr' tlic laid I'ujwrvifors, thatfuch perfop had been duly notified to pcrforn i'uch labour, and li.au negledied apd,refufcd to^dq tjie » *ppr«i« cafion to employ, in appraifing goods, chattels, lands, or other real cftates, by them hereafter to be attached on mefne procefs, or taken in execution- CAP. XI. An ACT in adxlition to, and amendment of an A£t, pafled in the Twelfth year of the reign of His prefent Majefty, entitled, An see.uhce0.3a. A6t declaring what (hall be deemed ^Merchantable Timber^ for cap. 3. CAP. Exportation to Great-Britain. WHEREAS by experience it is found, that the JB, declaring what fhall be deemed me} ehantable fquare timber for txpcriation, is infufjicientfor the purpofes intended : 1 Be it therefore enaded, by the Lieutenant-Governor, Council, and Affiimbly, That from and af- ter the firft day of December next, all fquare ftrait timber, thereafter to be exj )rted from this Prcnince to Great-Britain or Ireland, fliall be truly lined, wcllfquared, and ft lare butted at both enids, fliall have not more than one inch wcin thereon, fliall have no 'appearance of the narrow axe fcoring left, t'> be detrimental to the ftick, and fliall nwL lave any rots, fplits, or worm holes therein ; and if the fticks or joints are fixteen feet in length, or under, fliall be of equal dimcnfions at both ends, and that no joints or fticks of pine or fpruce timber, fliall belefs than twelve feet in length, or of birch, or other wood, conimonlycalled hard wood, flmll be Icfa than four feet in- length. And if any perfon or perfons from and after the firft day of December next, fliall furvcy and certify, as merchantable for the Britifh or Irifli market, or fliall export from this Province to Grea:t-Britain or Ireland, any fquare timber, as aforcfaid, not anfwering the above delcription, every perfon or perfons fo oflendiiig, fliall forfeit a fum not exceeding ten pounds, for each and every offence, to he rc-euvcredby bill, plaint, or in- formation, in any Court of Record within this. Province, the one half to tlie ufc of His MajcOy, Ills heirs and fuccefibrs, the other moiety to him, or them, who will fuc for the fame. II. A1114 be it further ciidHedt by the authority aforcfaid^ That tUc Survcjor cr Survc.ior.s of S a all Pie amble. Ejportation of TinibertoOreat. Bir.ain oi'IrclKU'd Fix Cf Timber, fo- exportaticn, efabiiiiieu. FenaKy for fafcp lurvey, and to exporting" iin- njLTi-iunt.ible Timber. AlVv.iance to i / i^^ C.XII-XIII. Anno tricefimo t^f tio Gboroti III.' mt all fuch Timber, fhall be paid, and receive, two- prfnce per ton, with rcafoiiablc travelling charges for their trouble in furveying, and no more. . CAP. xu;^^^*' An ACT for extending an Ad:, pafTed in the Thirty-fecond year of the reign of Lis late Majefty,. entitled, an A 61 to prevent faWcL^ 'f« ro? unneceflary firing off Guns, and other Fire Arms, in the Town and Suburbs of Halifax, to thfc Town Plot of Dartmouth. . on 32.1 Geo. ad. cap Ftcamble. A A to preyent - «no. cc(ury fir» iog jff Gum in thetown of Hali- fax, tie. extend- ed to Town Plot ofDartmoutb. Tor A^i on this ful)jeif>, fee note 0,1 3 id Geo. 3d. A.dditionftl duties on wine,runi,S(C. tad biowofugar. Duties on moUr- fcs.cofFce, porter biier, loaf fugar, gun -powder, aiid leu. WHEREAS it is deemed necejfary for the fajciy of the inhab'iianti of the town plot of Duri mouth, that an Ad pajjcdin the thirty-fecond year of the reign of His late Majc^ly, entitled, An Aft to prevent uhneceffary firing off Guns, and other lire Arms, in the Town and Suburbs of lialif&x, Jhould be extended to the faid town plot of Dartmouth : I. Be it therefore enaded, by th: Lieuten mt-Go'uernor^. Council and iijembly. That every matter^ , claufe and thing, contained in the above recited Acl, fhall be, and the fame is hereby extend* cd to the faid town plot of Dartmouth. . . noil'" Piity on rum or I'pirits. On wine. On mokiTei. On brown fugar. On eo'Jee. Cb refined fugar. On gun- powder. On bohca tea. On other teas. Duty on porter, or iK'er. per lihd. a;id du£. buttles. CAP. X III.- An ACT for providing for the Support of His MajeftyV Govern- ment in this Province, by laying an additional Duty on Wine, Rum, and other Articles herein mentioned, and for encouraging the Agriculture, Filheries, and Commerce of this Province. BE /■/ enabled, by the Lieutenant Governor, Council and Affimbly, and it is hereby enabled, 1 hat from and after the publication hereof there fhall be raifed, levied, collefted, and paid to His Majefty,. His heirs and fucceffora, for the fupport of the government of this Province, on all wine, rum and other diftilled fpirituous liquors, and brown fugar (maple fugar excepted) here- after to be imported into, or manufactured within, this Province, the additional rates, duties and impofitions, herein after mentioned, and upon all molafles, coffee, porter, beer, loaf fugar, gufl-powder and teas, wMch fhall hercaftei be imported into, or manufaftured within, this Province, the refpective rates, duties and impolitions, herein after mentioned, that is to fay : For and upon every gallon of rum, and other diftilled fpirituous liquors, fix pence. For and upon every gallon of wine, nine pence- For and upon every gallon of molaffcs, one penny. For and upon every hundred wctgjit of brown fugar, two fhilllngs and fix pence. - For and upon every pound of coffee, one penny. For and upon every pound of refined fugar, one penny and one halfpenny. For and upon every pound of gun-powder, twopence. . For and upon every pound of bohca tea, one penny. . For and upon every pound of all other teas, four pence. For and upon every Iiogfliead of porter, or beer, (even fiilHings and fix pence. For and upon every dozen bottles of porter, or beer, fix pence : to be paid by th*! Importer thereof. II. Bi; it further citaclcd,b^ i)c authority afcrfjid, Thiti( zny-^^erCon or perfons fliall, from aud ; charges '^m Anno tricefimo tertio Geohgii III. C.IX. 325 matter. and after the publication hereof, export out of thiff Province any wPf, rum or other diftilled nrnvbackoniha fpirituous liquors, or brown lugar, fuch perfon or perfons (hall bie.^rtitled to have credit for, *!in""*V°'' '^ or to be repaid, tbewhole amount of the additional rates and duties herein above mentioned, and!jiown'f.)aaK and hereby ^'',00fed and laid ; upon the fume terras and conditions, from the fame perfon.and perfons, for the fame quantities, and upon the fame certificates, as he or they fli.ill or may be entitled to have crcdit^br,' or to be repaid, five fixth parts of the rates and dutici impofed and laid on wine, rum and other diftilled fpirituous liquors, as are, prefcribed, ■ mentioned, named and expreffed, in an Aft, pafled in theprefcnt fefllon of tlvis General Aflimbly, entitled, An Aft for granting to His Mt^cfty certain duties on wine, rum and all othev diftilled fpirituous iiquors, and brown fugar,ibr the purpofe of paying the intereft, and reducLpg-thc principal of-tlic pub- lic debt of this Province. III. Be it further enaded., by the authority ajiirefaid^ That if any |»erfon or per^ans (hall, from and after the publication hereof, export out of this- Province any quantity ©f molaiTes, exceed- p, . i ^ cecding one thoufand grvUuns ; any quantity of ; coffee, exceeding -five hundred pounds the exportation weig^it ; any quantity of bohea tea, exceeding three hundred pounds weight; any quan- ^f t^' '■'""«»> cof. tity of other kinds of tea, exceeding two hundred pounds- weight ; any quantity of porter orUer, aod I'v;. or beer, .exceeding fix hogflieads, or fixty ■■ dozen bottles ; any quantity of refined fugar, ^^* exceeding five hundredpounds weight;, any tjuantity of brown fugar, exceeding ten hundr^ pounds weight : fuch perfon or perfons fliall be entitled to, and fliall have credit for, or be re- paid, the five fixth parts of the rates and duties herein above mentioned, and hereby impofed thereon, upon the fame terms aad conditions, and from the famej^rfon and perfons, and upon 'the like certificates, as perfons exporting wine, rum and other diftilled fpirituous liquors, and brown fugar, are entitled to Imve credit for, or to be repaid, five fixth parts of the rates and duties laid and impofed on wine, r^im and other diftilled fpirituous liquors, and brown fugar, in and by th« herein before ■ recited Aft, entitled as aforefaid, by virtue- of the faid Aft. IV. Be it further ensued, by the authsriiy aforefaid, That if any merchant, diftillcr or other per- fon or perfons, fliall fupply and deliver for ihe ufe of His Majefty's army, navy <,r careening- yard, any rum or other diftilled fpirituous liquors, in the manner, and for the purpofes in the 'i'lwbitck. herein before recited Aft mentioned ; fuCh merchant, diltiilcr or other perfon Ihall be entitled to, or have credit for, the rates and duties by this Aft impofed and hid thereon, in the fame manner, upon the fame oaths and certificates, as he or they {bailor maybe, by the faid recited Aft, entitled to have credit for, or. be repaid, the rates and duties by the faid recited Aft im- pofed and laid. And whereas it is Inghl necejfaryfarprormting the agrieultureyfijheries and eommerce., of this Provinet^ tfjat nierehants, traders and others, whn.Jliidl export the produce or manuf azures of the Province, to the V'cfl-Indics, or other parts beyond the fa, and who fliall bring kxck the produce; of the Wifi'lndies in re- turn for the fame, fl^iuld 'lave fame encouragement for carrying on a trade fo beneficial to this country : V. Be it therefore enadcd, by the a:ithority aforefaid. That from and after the publication hereof there fliall be paid, levied and colic ted,. to the ufe iif His Majefty as aforefaid, on all rum, mo- lafles, brown fugar and coffee, 'v'.uGh hereafter fliull be imported into this Province, the further additional rates, duties aiiJ Impolitions, herein after mentioned, over and above the duties herein before, or by any former or otlvcr A&. impofed thcreun : uiilefs one full third part of all fuch rum, molafles, brown fugar am! colfcc, fliall have been purchaled with the proceeds of tlic produce or manufafturcs of this Province, to he exported as herein ahc'clireclcd ; ar.d unlcfs fuch rum, molaffes, brown fugar atui coffee, fliall be imported in a veflel v. 'cllcls owned by an inhabitant or inhabitants of this I'rovinco, rciident therein, and who fhail pave rcfided therein at leaft fix months previous to fuch importation, or by any firm or trading company, any of the partners of which have refilled as aluiclaiil, v liich laid fui tlicr rates, duties and inipofiiions, arc as follows, to f.iy.: Terfors Tiipplft ing luni, tic.kt tlic N.'\ V u Ar« n.v. ti, titled lu rurthcraiiJition. al iates 0: luri), nil L.tlcs, Lawn ivi-w -I-' (' ccfte iinlcis i'«rcl .ilcd with till' p.o- cli.tL ol tl.is Pro- \ ;nct', ;(n(.l itn- por-tii in a V'lfT-I i)v red hy aa w- l.^bitaiu. i: 3*4 Further .duty on ruia or fpirit*. On molafiet. On brown fagar. Dety 00 coffee. To b? Iffvied and paid, on theim- £ortu°.ion. Brltidi fubjeiSs entitled todiaw- backpf'thcfe du- ties, when the produce of the Tiovince is fent U) return for the rmount of the Articles import- ed. G. xni: A^no tricefijho tertio Georowi HI.' - »75J Duties, how•CO^ kded. Owners and maf- ter» of (hips ex- porting produce ot this Province, how to proceed to obta'- draw. hack oil the re- turns. For and upon every gallbh of rumi and other diftHkd fpirituous Uquors. one third part of which gallon of rum, or other diftilled fpirituous iiquc^rsy ihall not have been purchafed witU the produce of the Pfbvincej and imported as aforefaid in the fame, three penr^. For and upon every gallon of moiarffes, one third.oE which Audi not have hdtr /Archafed and imported as aforefaid, one penny. For and upon every hundred weight of brown fiigar, one third sf which (haUnot have been purchafed and imported as -aforefaid, two (hillings and fix pence. For and upon every pound Of cofFcci one third of which> Ihall not have been purchafed and imported as- aferefaidj one penny ; which faid feveral rates, duties and impoiltions fo impufed, and. herein laft before mentioned, ihaU be levied^ received .and collected, by the Colledor or Collectors for that purpofe appointed, on the importation of fuch rum,' molaiTes, fugar and coffee. Provided alivaysf That if any perfon or peribnsi' Britifli filbjefts, bringing the produce of the Weft Indies to this Province, in veflels o^vned as aforefaid, and on which produce the feveral duties, by this law, fhall have been paid .-or fcoured^ ihall in fix montha after fuch im* portatioa fliall be made, export the produce of this Province, .in the bottom or veflel, in which fuch importation fiiall have been made ; it fhall and may be lawful for the Commif> fioners of the Revenue, appointed' by the appropriation Aft of this ■prefentSeflion of General AiTembly, upon due proof being made of fuch export; andvthevalue thereof, to approve of any claim-€>r claims, for re-payment of the whole ofi the aforefaid duties, as -it fhall appear that fuch claimant making the faid export, Ihall have paid or fecured, on fo much of his in- ward bound cargo, as ihall be equal in value to the- cargo exported from the Province, for the payment of which fum, the Governor, Lieutenant-Governor, or Commander in Chief for the time being, is hereby- authorifed; upon .a certificate or certificates from the faid Com- miffioners forfiich purpofe, to grant a warrant upon the Treafury*. VI. Be it further enabled, by the authority afori/ald. That all Jfates, . duties^ and impofitions by this Aft infipofed and laid, on all and eve 17 thearticleSi herein enumerated, (hall be raifed, le vied, collefted, and- paid to His Majefty, His hiirsand fucceflbrs, by- the ways, means, me* thods, rulesi provifions and , direftions^ and under -the pc:ialties and -by the Colleftors pre* fcribed, mentioned, named j andexprefled in, and by the I efore recited Aft, entitled. An Aft for granting to His Majefty, certain duties on wine, rum and all other difiillcd fpirituous liqaors, and brosvn fugar, for the purpofe, of pa.ying> the intereft, and reducing the principal of the public debt of this Provi-nce*- VII. Be it further enabled, by the authority aforefaid^ That every owner, or mafterof any (hip orvalTcl, who fhall (hip and export-any goods or merchandife'whatfoeveri the produce or mamifafture of this rtovince, and who-intends- to obtain an exemption of theolafics, fugar and coffee, one third of which ' (hall Jiat have been purchafed with the produce or manufaftore of the Province, fuch owner or mafler, at the time of (liipping and exporting fuch goods and merchandife) the>pr-oduce or manufafture of the Provinccjfliall deliver to the Colleftor of Impoft andExcifefor thediftrift-whe.em fuch export and (hipment (hall b6 made, an invoice of the articles, goods or merchandife fo to be fliippcdj fpecifying the quantities of each article fo (hipped, and the owner or niafter fo making fuch fliipmcnt and export, (hall, at the foot of. fuch invoice, make andfubfcrihe the following a(fidavit, or if a Quaker, aifirmation, viz. Cith tobsraie Otlik« CXpi^.tii. I A. B. do fwear or affirm thai t'le foregoing invoice is jufi and true; and that the feveral articles fpecified therein are now aftually (hipped on board the bound for and alfo that the feveral articles therein fpecified have been aftually and truly purchafed, or othcrr wife procured, by me within this Province. \S'lilch- ^79S ^'Bi Anno tflcefimo tertio Georgii III. C. XIII. 5»5^ Which invoice and affidavit, or affirmation, (hall befiled with fuchCoUe^or orCoUedors ; and n6 rum, rugar,molafre9 or coffee, (hall be exempted from paying fuch additional rates and duties as are herein laft before mentioned, unlefs fudirum,fugar, moIa(res and co(fee,ihaU be import- ed into this Province within eighteen months from the time that the produce or manufactures of this Province (hall have been exported, with the proceeds of which produce, or manufac- tures, one third of fuch rum, fugar, molades and coHcej ihail have, been purchafed. VIII. Andbt it further enailedy by the authority afire/aid^ That every, owner or ma(ber of any fbip or velTel, who iliall import into this Province, any runr, molades, fugar, and coffee, which fuch mafter or owner, (hall require to be freed from the faid-laft mentioned additional duty, by rcafon of one thirdof fuch. rum, fugary-anelaiTes or cof&e having been purdiafed witu ihe produce of th*: Province, fuch mailer or owner, (hall within twenty four hours, after fuch im- portation, deliver to the Colledtor of Impoft and ExciCc, for the diltridl, an invoice fpecifying therein, the quantity of fuch rum, fugar, mobiles, and coiFee, and (hall at the foot of fuch invoice, make and fubfcribe the following .affidavit, or affirmation, viz. Invoice and affi- daTit, to be filed by the Colle^lor. No rum, fucar, molaiTes andcoA fee, exempt from duty, that is not imported in eigh- teen months af- ter the exporta- tion of the pro- duce of this Pro- vince. Owners or maf- ters of (hips, im- portioaium,mo- ialTes.Tug.-ir and Lofier, Sc requir- ing an exemption from duties, to deliver an in- voice, and make oath to the Col- leflor, within twenty-four hours after ' ''- portation made.'' I A. B. Do fwear or affirm, that the foregoing invoice is jufland true, and that thefevcral articles fpecified in fuch invoice, are adually owned, and belong to of in and that one full third part in value of the feveral articles mentioned in fuch invoice, were actually, and truly purchafed with the proceeds of certain goods, and mer- Fonnoftheoath. chandifes, the produce or manufacture of the Province, diipped onboardthe where- of was mafter at the Day of 17. as will more fiilLyappear, by the invoice and affidavit, thereunto annexed,, which invoice and affida- vit or affirmation, is lodged in the hands of the Colleftor of in this Province ; and Ido further fwcar, or affirm,- that who is, or are, ..n inhabitant or inhabitants. within this Province, and whofe place of refideace has been at within the fame for 'fix months laft paft, is or are the owner or owners of the fhip or veffel, called the on board of which the feveral articles, contained in thefaid invoice, are imported/' Arid it ffiall and may be lawful, for the Colleftor of Impoft and Exclfe, for the dlftricl to ^^^^^^° •" ^'^ frie fo much of the rum, fugar, molaifes or coiFee, fo imported or fpecified in fuch invoice, as (hall amount to two third pacts more in value than the proceeds of the goods, wares, and merchandifesj'theproduce or 'manufacture of the Province, fo exported as afurefald) (lull have fold for at the place where the fame ihall have been fold, or difpoicd of." IX. Be it further enaded by the authority afore/aid^ That if any CoUetHior, or Collectors of Tm- peft or Excife in this Province, (hall exempt or free any rum, fugar molafibs or coffee frorrv the faid additional duties, herein laft before impqfed thereon, without the feveral requi- fites herein before fpecified, having been fully complied with by the mafter or owner, claiming fuch exemption,- and -without it fully appearinpf to fucK Collector or-Colle<5tors^ • that fuch rum, fugar, molaffes, or coflee, is by tliis Act exempted from fuch addition- al duty, fuch Collector or Collectors, for every fuch offence, ihiU forfeit and pny the fum of two hundred pounds, the fame to be recovered by any perfon, who will fue for the fame in any of His Majefty's Courts of Record within this Province, and any perfon or peribhs, who malee any declaration by thi-y-Act required to be 'roade-on-' oath, or affirmatiwn^ wh'ch declaration, when made on oath, or alllrnution, (liall be in any refpect falfe, or untrue, fuch perfon or perfons, on due conviction thereof, lliall fufFer the pains and penalties by law fon-; lukingf.Jle appointed fof perfons* guilty of wilful and corrupt peijury. °^^^ X. And be it further ena^cd by the authority aforefiid. That on th^ importation of any rum. or other diftilled fpirituous liquors, orany fus.ir, into this Province, fubjcct to the duties in the Jkid Act ifjpccilied after the fame (ball be cxaClly guagcd apd weighed, the CcUcCtor (if . Ii:.^ft Peraltv ""or Col— lefl or iiflinp cen- tury to tills Afl. ^ J ll 326 G. XIV-XV. Anno tricctimo tcrtio Georoii 111, ^793 AUowance for vaftaf.e. Vefleh "«t to paft the town plot of DiHl>y», to unlc;id atBcir or Moolo River, Itc. without fe- curing the limiii atDigby. Vcfllls nut to pnCsthe icwn plot of Annapo- lis, to unload further up, with- out ftcuring the duties at Aooif • poUi. Repeal of former RevtQue A^ls. Duration of Aift. Impoftand Exdfofor the diftrift, wherein fuch Lmportati«n (hall have been -made, (hall deduft five per cent, for the net weight or quantity of iiicTaid articles, fa imported, which (hall be in: lieu of all other allowances heretofprcmadcj b>' any of the revenue lawsofthia Province, on acciMint of leakage or wiiflagp. jl^d in order to prevent jfraajs from being committed on the revnue of tbit Provimtt in certain tf the out ports f bf majlers and owners ofveffds ; for remedy whereof: ■ XL Be it enaficd hy the authority cforefaiJ, That no Ihip or veflcl entering the G«t of Anna- polis, (hah pa(«i the town plot of Digby, to unload at Bear River, orMoofe River, or in the creeks in the lower part «if th^ towr.lhip of Granville, or at any other place or places^ between the town plot of Digby aforefaid, and the the town plot of Annapolis, without having fiiift made an entry of the. whole, andfecured the duMes, by law required to be paid, on the du- tiable articles in fuch (hip or vefTel, with th • Colledor of Import and Excifc, in the faid town I lot of Dighy, ror (hall any (liipor vcfld, entering the Gut of Annapolis aforefaid, pafs the town plot of Annapolis, to unhnid at any place or places, further up the faid river, or to the northward or eailward of the faid ttnvn plot of Annapolis, without firft having made an en- try of and fccured the duties by law required to be paid, on the whole of the dutiable articles, in fuch fliip or veflel, with the Collecl. ir of kiipoft and Excife, in the faid town of Annapolis. XII. Be it further enadcd, by the authority aforefaid., ,That an Aft paflTed in the thirty-fecond year of the reign of His prcfcnt Majefty, entitled, an Aft, for raifing an additional duty of excife, on rum, and other diftillcd fpirituous liquors, and for amending and continuing the fevcrallaws, for raifing a rcvciiue herein after mentioned, and each and every Aft and Afts, therein .nentioned, exprelTed, referred to, enumerated or continued, except fuch part there- of, as relates to the continuing two feveral Acts, entitled. An Aft fir the better Ibpport of the poor, in the refpeftivc counties within this Province, by lajing an import duty on all ar- ticles in:pcrtcd into this Province, from the United States of America -, and An Aft for fup- prelfing unlicenfed houfes, and for granting to His Majefty, a duty on perfons hereafter to be licenfed ; and every matter, claufe, thing and things therein, or in either of them con- tained, except as before excepted, (hall be, and the fame are. hereby repealed, and no longer ;in force or virtue. XIII. And be it further enacted, by the authority aforcfcM^ That this Aft, and every matter and claufe, therein contained (hall be, and continue, knd the fame is hereby continued in force, ur.lil the firft day of July, which will be in the year of our Lord, one thoufand, feven hun- ,d»cd, and ninety-four.* * This A(5l is contiiiuedtotheprcfenttiwe.by fubfcquent Afls. CAP. XIV,. ruisAft expired Ah ACT to continuc In Force, the feveral A£ls herein mentioned. r Pre«iT-Uc CAP. XV. An ACT, to amend an A61, pafTed in the Thirty fecond Year of the Rfignofhis prcfcnt Majclly, entitled, an Ad, to prcv\.nt the Winclfor and Hammond Plain Road, being injured by heavy lo.'if'cd Carriages. w W^'^..' ^ ':nconven'iene:s have been experienced, by the aforefnid Ac}, from its being difficult .(/ /.urry heavy loads, on carriages with wjcels., the fclUcs of-nbich, are nine inches brojd : I. Be '795 Anno tricefimo tertlo Georoii III. c. xvr. 3n \. Be Uihereforeenaded, by the Lieutenant Governor^ Council and A /femb!y.,'Th'\X. after t lie pub- lication hereof, it (hall and may be lawful, for any perfon or perfons, to pafs and repafs, on the faid roadfi with carts, trucks, waggons or other wheel carriages, drawn l)y one liorie, laden with logs, timber, and any other kinds of lumber, with wheels, the felloes of which, are of a lefs width, than nine inches, the faid la m or any other law, to the contrary notwith- ftanding. Provided, that all fuch carriages as aforefaid, drawn by more than one horfe, fhall have their felloes, of a width not lefs than fix inches, and that this law fhall continue for the fpace of one year, and until the end of the next Seflioiiof the General AiTembly, and no longer. CAP. XVI. Ah ACT in amendment of, and in addition to, an A£t, made in the Thirty-third year of the reign of His late Majefty, entitled, an A(5l for regulating and maintaining a Light-Houfe on Sambro Ifland, and in addition to, and amendment of an Ad, pafled in the Twen- ty eighth year of His prefent Majei^y's reign, ertitled. An fi.&. for regulating and maintaining a Light Houl^ at the entrance of the Harbour of Shclburne. WllY^^KAZthefcvera! Laws heretofore made for maintaining the Light Houfe erc^ed en . Sambr6 Ifland^ and McNuti's Jfland, have proved incffeciual for that purpofe^ and manyjhips and ve/fcls which derive great benefits by the faid Light Houfes^ are not by ihcfiid- Acl compellabU to pay any duty ttwards thefupport of them : I. Be it therefore enafled, by the Lieutenant Governor^ Council .md Afflmhly^ That all regiftered veffels owned by any perfon or perfons within this Province, vnd not wholly employed in the jifheries thereof, which Ihali not within one year to b^ computed from the firft day of April in the prefent year, and yearly and every year afterwards, come into the port of Halifax or Shel- burne, and in one of the faid ports pay the duties by the herein recited A(fls impofed, fhall pay in fuch port, harbonr or place, to which fuch veflels; fliall .refp?pe C anio, and to d efcribe the particular limits of fuch CollccT:or or Collectors jurifdiclionj in the commiflion or comniif- fioiis to be granted for that purpofe, and it fli^ll and may be lawful for the faid Governor, Lieutenant F< llnet of whcclf <)(i-iirts,&.c. wiUl one horii, may 'v of left width tli.m nineinchej . Ifttrawn by mors than one horfr, not lefs than (is inches. Aft continard fbj one yfar. This hi\ conti- nued by fiibfc- tjuentAftstoth* prelciu day. , This Adl was re» guljrly continu- ed, untiljift Ju. ly, iSo},& isnour printed from aa opinion that it was ilitfL'red t ■ expire by mi- take, nnd prolr, biy will be rev- ved bv a fubi.— quent XSi. for kCXi on tliil fubjeft fee not« on3jd. Geo. ad. cap. a. Preamble. Fi filing Te/Tel*'' belonging to the ProTince, which do not came to Halifax or Shcl- burne within a year, fliall pay 4d. per ton year- 'r, "f: :.■".. ports t<^ which they be long. All Tcfllls (His Majellv's fiiip« of war iind Hunt pons excepted,) coming into any port, nrit to the ni^riheailwardof Canlb, and net - owned in the Provincei to pav the lame duty, as th( fe gomi; into the hai bour ot iih«lt>arnt^i - Grvrmpr'oap- pjir, r,.i!e.';,,ri of the dntics, ill harbours tr> the fouthward I'tiu vxflwaid of J Cape C'anlb. •• 3*8 c. xn. Anno tricefimo- tcr io Gfionan ill. '793 I Or may let to faim the whole or pait oi the duties. Duties pot to be iarmeH lungpr tlun a year. TcTfons Iiavinji; . charge o i vend, r«fulin(; to pay the duties when demanded, Hall Jbrfeit and pay jl. over and a fcove thr dutin ; to be recovered in any Court of Rccuid. II perfon having charge ot any Tcffd fliall neg- ]i. . * or rcfufe to ^ay the duties, thcColleflormay fcize and take >'ie vtlTei into «. :ftody, and de- ?i%""r'Jier to the Cblicftor of Hit Jiajefty'i Cuf- tjiJt, who (hall tie I'.n her in cuf- tody, until the inc of 5I. with tht duties, and ail cxpenfes are paid -Monies ari(in(( Irotn duties to be applied to repairs «f iight-huufes, *c. CJLvernor autho- tifed to contufl .'«f'ii(^ht houfct. Ships owned by ^ compnny ol me! "bants, ^i crecf r,nc is a rffidcnt freehol dcT, to pay (iime ss viflcf V holly owned by free- . holders. AH continued to xltjuly, lyyi. Lieuteriant Governor or Commander in Chicf>fi»r the timcbfcingi If he (hall think proper, to let to farm, to the higheft and faireil bidacr,tho whole or any part .of thefaid duties, and to take ];cK)d fecurity from fuch farmer or farmers fiur the faithful performance of hit duty, and for the payment of the fevcral fum or fums of money, at the times.and in the manner in which fuch farmer or farmers fhall have ftipulated to pay the fame. Provided always^ that the faid Governor, Lieutenant Governor, or Commander in Chief fliall not at any timCa let or fiirm the faid duties or any part therein, fur a longer period than one year. IV. Jnd-bi it further enadedf That if the mailer or perfon having charge of any velTel or vell'els, being fubjcd and liable to pay any duty or duties by virtue of this Acl, ftiaH after the publication hereof, after his arrival in any port or harbour of this Province, to the fouthward andwcllward ofCapc Canfo as aforefaid, the fame being of him duly demanded, rcfufe to pay fuch duties, or fhall depart with fiich vcflfel or veilels from, or out of the port or harbour, v'bei*in i)f* fliall firftarriv;; with fuch veflel, before or until he or they fhall have paid and uii'charged the (^uties imppfcd by this Aft on fuch vcird, 'ych matter or commander fhall forfeit and pay over- and above tlie laid duty and duties, the fum of five pounds, to' be recovered, . together with fuch duty, by bill, plaint or information, in any of HisMajefty's Courts of Re- cord within this Province, one half of fuch penalty to the Colledor or Colleftors, Farmer or Farnicrsof the laid duties, who flu.'l fue for the fame, and the other half thereof to be paid into the Treafury of the Province, for the fupport of the governnent thereof. V. Beit further enailid^ by the auihonty aforefaid. That if the malter or perfon having charge or command of any fliip or veffel, fhall negleft after demand made tJf payment thereof, or fhall refufe to pay the duties herein impCied and laid on fuchfliipor vefTel, it fhall and may be lawful vbr any CoUeftor or CoUeftor , by virtue of this Act to be appointed, to feisse and take fuch fhip or veflcl-into his cuftody, and to carry the fame to the port nearctt to the place where fuch feizure fhall be made, am' there to deliverupfuch vefTel to the Colleftor or any other principal officer of His Majefty's Cuftomsoffuch port, in whofe cuftodyfudifliip or vefTel fhall remrjn, until the aforefaid line of five pounds, and the duticsdueand payable byvirtue or this Aft, together with all re^fonable expenf^s fliall be paid, or until good and fufHcient fe- curity fhall be given, by fuch mifter or perfon having charge or com.mand of fuch fhip or vefTel, 10 abide by^ and perform the juclgment of the Court, in which the fuit or profecution for futh duties and penalty as by this Aft are inflifted and laid, fliall be inftiluted and profecuted- VI. Be it further ena^ui, by the authority ifarefaid^ fliat all the monies arifing from the duties by this and the herein recited Afts, impofed and laid, fhall be paid into the Treafury of this Province : to be applied to the repairing and lighting the faid Light Houfcs, and in keeping and maintaining lights in the fame ; ant] it fliall and may be lawful for the Governor, Lieut- enant Govcrnur or Commander in Chief for the time being,, to contraft with ai.y perfon or per- fons he fhall thin]s: fit, for the repair of the fa'd Light Houfes, and keeping fuflicient lights in the fame, ar 'J to defray and pay the expence of ligh'ing and repairing the faid Light Houfes, out of the monies arifing from the duties by this Aftimpofed> VII. Be it further cnaBed, by the authority aforefaid., That the fliips and veflTcls owned by any firm or company of merchants, whereof one of the faid firm or company fhall be a refident freeholder within this Province, fli.ill pay the f.'mc duty only, a-s if fuch fliip or vefTel was wholly owned by any freeholder or freeholders refident in this Province; .:ny thir^ Ir -he Afts contained of which this is an amendment, to thecontniry nctwithftanding. VIII. /ird beit furtLr '"'•^'^cd,tythcnutLorily aforcfiiid. That this Aft and every matter and claiue therein contairfcd, fliail be and continue, and the fam; i~> hereby continued in force un- fit the firfl; day of Ju.y, which will be in tnc year of our Lor 1 m'j thoufand fcven hundred and ninety fix. An '793 Anno tricefimo tcrtio Georgu IIL C. XVII-XVIIl. ;*9 Tliin Ai'> cAnii. iiu'.ii to ihe j),e- li:iit day. CAP. XVII. An ACT to amend an AtSt, paflcd in the fixth Year of his prcfcnt Majefty's Reign, entitled, an Ad for regulating the Tinus and Places for holding the feveral Courts of Juflice therein named, and alfo to enable the Supreme Court to alter and fix the Returns of Write. WHEREAS the time for holding the Supreme Court, in each of the terms at Halifas, is limited to I'feamUf. fourteen days, from the opening oftljefamc, unlcfs in cafes of unavoidable nrcc/fily, or that the vudliplicity of bufinefs Jhould require it ; sn xubiih cafct the fudges may, by the faid A8, continue the fame, for a time not cxcseding fix days longer, and whereas fuch limitation hath proved inconvenient : I. Be it therefcre ena^ed, by the Lieutenmt-G;• and as many, return days for the return of writs and proccfles into the faid Court, during the feveral terms by law dire(fl£d to be holden, as (hall be judged expedient. III. And be it further enabled, That this AA (liall continue and remain in full force for, and during, the fpacc of one year, from and after the publication hereof, and until the end of the firft Sellion of the General Aflcmbly, then next following, and no lunger. AvJV to -continue k>i one vcai . CAP. XVIIL An ACT to revive a Law for inipowering the Governor, Lieu- tenant-Governor, or Commander in Chief, for the time being, to prohibit the Exportation of Gunpowder, Arms, and Ammuniti- on, or Salt-Petre, or the carrying the fame Coaltways. WHEREAS ^;'(j/i A7, tr.ade in the fifteenth year of His prefent Majcfly^s reign, during the late ai/lurbances in America, entitled, An Act to impowcr the Governor, Lieutenant- Governor, or Commander in ChieJ for the time being, to prohibit the exportation of gun- powder, arms and ammunition, or fait petre, or the carrying the fame coailways, it was enac% ed. That it fliould and might be lawful for the Governor, Licutenant-G'^"ernor, or Comman- der in Chief for the time being, by and with the advice and conlent of His Majcfty Council, to iffue a proclamation for prohibiting, for fuch time as fliould be therein exprelled, the ex- portation out of the Province oi- coaihvays, of any gun-powder, arms, ammunition or fait pttre, except for His MajcUy's oile ar.d fcrvice, anlefs by liccnvc firft obtained from the Governor, Lieutenant-Governor, or CiwnmiiTjdcr in Chief for the time being, or other per- fun appointed by government for that purpofc. And that if aiiy gun-powder, arms, ammunitioi. or fait pctre, fliould be fliippcd or laden on Jjoardany vcllclfur exportation, or be carried coaOways, contrary to fuch protlamalion fo if- T a fucd Tlie AA htreSy revival is ciin;'- nucd ij the y.i' Icr.ttl.iy, Pr:.irb'», 33'5 C. XIX. Anno trlcefimo tcrtio Qeorgii Iir. *795 Ai^ to continue I'ur one yrar. fued for prohibitlni; the exportation thereof, the fame (hould be forfeited : and the tnaftcr (>f fuch vcfltl, or any other pcrtbn or pcrfons concerned in (hipping or lading any gun-powder, arjws, ammunition or fah pctre, (hall forfeit and pay the Cuva af fifty pounds : to be recovered in any of His Majefty's Courts of Recordin this IVovincc, and applied one half to His Majeily's ufe, and the other half to the informer. Provided, That nothing inthe faid AA {hould extend, or be conftrued to extend, to any fmail quantity of gun>powdcr, or fmall arms, for the ihip or veflcl'sufe. And ivbereai the faid An Is ftnce expired, and good poFicy requires ttxit thefmejhouldbe new re- vived and continued, for a time to be hereinafter limited : I. Be itenailedt by the Lieutenant Governor, Council and AJenibly, Tliat the above mentioned Aft* and the feveral matters and tilings therein contained, (hall be, and is, and are hereby revived, and to be in force for one year from and after tlie publication liicrcof, and until the end of thr. Seflion of the General Ailembly next following, ^794 CAP. XIX. Ixeeuted^ An ACT for applying Monies therein mentioned, for the Service of the Year of Our Lord OneThoufand Seven Hundred and Nine- ty Three, and for appropriating fuch part of the Supplies grantect in this Seflion of General Aflembly, as are not already appropriated by the Laws or Ads of the Province. ^795 maftcr of I -powder, rccovcrcil Majclly's d extemi, r the fbip e now re- nned Aft* revived, nd of thft. jcrvice Nine- ranted priated 1794 Anno tricefimo quarlo Georcii III. C. ML 33« At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Twentieth Day of March, Anno Domini 1793, and continued by feveral Prorogations to the Sixth Day of June, Anno Domini 1794, in the I'hirty-Fourth Year of the Reign of Our Sovereign Lord George the Third of Great-Britain, Frajice, and Ireland, KING, Defender of the Faith, 5cc, being the Second Scffion of the Seventh General Allembly convened in the faid Province.* * In the time of Sir John Wentsvonli, Lieuteniint-Oovernort Sii Thonm A'\ hew Stangc, Chief Juftice, anil IVcfidcni of Council i Thuiaas Uaiclay, Sp^Mkcr ; juiiiuUauiicrtSvcrctary ot Council ; .imijaiiicf 11. 1'lankiin, Cicik of'Aflcmbl)'. CAP. I. An ACT in addition to, and amendment of, an Ad, pafTcd in the ^xpireJ. Thirty firft year of His prefent Majefty's reign, entitled, an A£l to raife a Revenue for the purpofe of paying oiF all fuch Debts as are now due by the Province, or which Ihall become due, before the firft Day of July next, the Funded Debt only excepted, and alfo in addition to, and amendment of, an A£l, paflcd in the Thirty-third year of His prefent Majefty's reign, to amend and ren- der more produdive the Ad aforefaid. CAP. H. An ACT for the prefervation of Sheep. WIIKRF.AS the increnfe am! prcfirvation offlxep •ufill beefgrcai advantage to the hihabitarfs of this Province, and for that purp$fc it is ntaj/ary that dogs, accujlomed to kill Jhap^ and V-'ohcs^flrndd be diflroycd : I. Be it further enaded, by the Lieutenant Governor, Council and Afflmbly, That from and after the publication of this Act, if any pcrlbn or pcifonsfliall keep any dog, which hath been known to kill, or accuftomed to M'orry, fliiiop or lambs, after notice thereof, fuch perfon or pcrlbns "fliall forfeit and pay the fumof ten fliiilings to the owner of every fhecp or lamb fo killed as aloreiiitl, and fliall alio forfeit and pa) the funi of three pounds for each and cs'cry offence : to For Ak'H on this li.bjeil fee note on 19th (J1.0. jd* cap. 7. Picinible, , Top'crent keep» iiiH >-l^r;s •■•■'<■ ikilrjy Slict'p. I ■*<"1 33^ C. HI. Anno tiiceiTmo quarto Gborom ITT. 1794. C.I To oominij;.! Moilc of r:»lfinp[ ■tDiirv tor tlic pi\\ IK'Ilt ot' ic- tk.iitl*. tiir killing Pcjimblc. Cf5 htietofoie mulif liy iiiuirKj women, ji.li.ily v.'iHi flair lu.l- b.uuts, m.iJc >i- ITow convevan. ci-f. are lipicafier to U- m-.idj i'V Ifiicknott-'c'dRcJ bjfor.' a Jiidt',*; of the Su;''icrm: C mrt. "T I'llVicc It! ilu liili-rior In l)f recovered before any of His MajcUy's fulliccsoftho Peace for th« county where the of- fence Ihalllx: committcil : the one moiety thereof fur theufc of the pour of the townfliip or place where tlio olVcncc U coumuttcd, and tltco> cr inoicty to the pcrfun or perfons prulecu* ihipf for ihe fame. II. /Iml be it further tnafltJ, by thtauth$rUy»fnrefiiiJ, Tlut the Court of General ScflTons of the IV.ICC for each and every cwuiity and diftii^within tlie faid Province, upon recommenda- tion ot the Grand Jury of each cowity or diftrid, ihall and nmy cflablUh rules and orders for encouraging the kUling and dcllroyingJof wolves, and may giant fuch rcward^i for tl\c lainc as they (linll think fit and proper. III. And bt it further enaiUJ,bi ttie authority aforefiU, That the Juftlces aforcfaiiF, with the Granil Jury, (liall have full power and authority to grant and ailcli* upon each townfliip or dillrid, within their rcfpcdivc counties and diftrids, fuch fum or fuius as fhall In; ncccfl'ary to pay (he rewards which (hull be from time to time due by virtue of the rules and regulations as ihall by them be ellablifhed by virtue of this Ad : the lame tn be aiU.-lVcd and collcded in the fame manner tliat county taxes arc alTcflcd and ajllcdcd by the laws of this Province. CAP. II f. An ACT to render valid, conveyances of Real Eflatcs of married Women by them madc,c: to be made, during their coverture. WHEREAS- it hath been vfual for married women, entitled to real ejlatcs in this Province, 19 convey the fame jointly with t/jeir huJl'anJi, during coverture, and no inc$nvy fo happen^ tLit married women not rcfidin^ viithin this Prerincc^ v./y; h p^f feffed of or entitled to., Linds and tenements within the fame, ami which they 7-w\ be cUjitQUi ij^'-n.ing and conveying : 'i' C.IV-CI. Anno tricerimo quarto Gionoii III. K94 333 III. Be it further enn.lcJ^ by the authority aftrt/ald^ That gnnti or conveyances hereafter made iJ^"'','j','^7"i^.]'* i)y i'uch marricil women of lands ;uiii tenements within this Province, (hall and may be made lonKin^tomtrri. jgreeabic to the mode herein before prcfcribcd, and Hull be made and fubfcribed in tiie prcfcncc f'Vieni"'wirhin'^ i)t fome or one of the Jufticcs of a Court of Record of the county or plate where fuch /<•///? tiw i'ro»inoc ewert iilay refidc at the time of her making fuch grant or conveyance aa aforefaid, or by ac- knowledging the fame as aforefaid, after tlie execution thereof* CAP. IW T.1 T'^vftie (In kiliinn of I'jr. •ridges iiid W lo ff ria.n ii;*(urii ot ilic vc.tr. TePi'-v Ah ACT for the prefcrvation of Partridges, and blue winged Ducks. WHEREAS the prtfervation of the bcftrc-mcntmcd fpecitt tf birds ^ or fvwU^ during the time of prjimble. their bretding^will be highly bene/ieiai to the inhabitants of this Province : I. Be it therefore enabled, by the Lieutenant-Governor, Council^ and Ajfembly, That from and after the publication hereof, no pcrfon or perfoii" whomfocver (hall, under any pretence whatfuever, kill any partridge within this Province, from the firfl day of Mirch until the firft day of September, or any of that fpccics of duck commonly called the black duck, or blue wingetl duck, from the firft day of April, until the firft day of Auguft in any year. II. And he it further enabled, by the authority afonfaid. That every perfon who (hall take, kill or dcftroy,or who fljall fell, or expofe to fiile, or who fhall buy, or caufe to be bought, any partridge, or black duck, or who fliall have in his or Iicf cuftody or poflcilion, any dead partridge or black duck, within the rcfpe note on Ijco. jci vcfpeil- tunc, ice a9th Oap. i^. iPieamble. ilow JrawMck vt Juui^s on iiiiH a;id otlierlpiritu- cusli(iu<)rs,iflued t» His Majcrty's jiavy, army, ar .cari:>...;,i}j.yaru, ii>a)l:be obtained. Pfifonp not sp- pearing :p puy (iutieo, within 14 hju'S after li.rclinp. till' ;.itj- clr^, i:<)ilc:;(or irii])ow'"cd to .dilpol't ot lo lii'i''li. as will be rcciHiliy to dil.- fcturgc the iiin!>'. An ACT in .addition to, and amendment of, an A £1, made in the Thirty-third year of Hh prefent Majeftys reign, entitled, an /\d for grantinf^ to His Majelty eertaio Duties on Wine, Rum, and iijl other diiiilled Spirituous Liquors, and Brown Sugar, for the purpofe of paying the Intereft, and .reducing the Principal, of the public jDebt ©f this Province, and alfo to revive, amend, and ren- ,der more efFe«5liial, an Acl palled in the fame Thirty-third year of His prefent Majefty's reign, entitled, an Ad: for providing for the 'Support of His Majefty's Government in this Province, by laying an additional Duty on Wine, Rum, and other Articles therein ;iientioned^ and for encouraging the Ajgriculture, Fiflieries and C.o;nm.crce, of.this Proviiiceji WtlEP EAS // may biipp^n that the rum, and olher ffirUuotis liquors, inUnded to he tjfued to Uh Mt^jcjlfs navy, carnemni-yard or army, and for lijhicb .a drawback of the duty paid or fecu- nd, is to be allowed, may be of hitler proof than what the Contraflor or hif Agent may be bound io dc- iiver Ly his .contra6l, and may bs reduced to the injury of tlye revenue: I. BeJt therefore cna^ed, by tU. Lieutenant-Governor, Council, and AJfembly, 'lliat no merchant, diftiller, or other jxirfon, Ihall hcrc.sftcr he entitled to have credit for, or be repaid, any of the rates and duties by him fecurc.d or paid oii any rum, or other fpirituous liquors, which ijiaili !ne by liim fuppr^dfor thii uib of His Majefty's army, navy, or careening-yard, unleiis the •iame, fliall, immediately ppon the importation or manufacture thereof, be ftored under the in- fpeclion pf tjlie CoUccTtor of Impoft and Excife, and the Infpeftor and Searcher, in a proper ,Y'.:re-houre, in the joiivt cuftody of the ^aid Collector and Infpeclor, and the merchant, dif- tiller, &i; otliei- i>erfon or perfons vho fljail fupply the fame, and unlefsfych -um, or other fpi- rltvous liquors, fliall be delivered out of fuch w^i.e-houfe, to the perfon or perfons author'ied to receive the fame, for the ufe of His Majefty's navy, army, or ca- reening-yard, in the prefencc of fuch Collector and Infpcclor and Searcher, and unlefs tlie fame ftiall alfo be immediately conveyed from the faid ftorc or ware-houfc, on board fome one of His ivlajefty's fliips of wr'.r, or into the carcening-yard, or delivered over to the Com- iiiiirarj of His Majefty's army, in the prr'^ince of fuch Collector and Iiifpcclor and Searcher, and fuch run and other fpirituous liquors, fliall alfo be fubjcct, in all rcfpetls, to the reftric- tlons and regulations, forfeitures .md pen:iltics, which fuch articles arc mailc liable to, in cafe of their l>cing entered for exportation out of tlic Province, and fraudulently rdanded, in, and by the before-mentioned Acts, or either of them. \\. Be it further enailed, by the authority aforefaid. That in cafe no perfo.i Ihall appear to pay, or g-Ve fecurity for, the rates and duties by llic iforcfaid Aclb impofed on the faid enumera- ted artic'cs, within twenty-four hours after the lame fliall have been landed, guagcd, and •weiglied, or rt.ported, by ihe importer or diftillcr thereof, as therein recjuircd, it fliall and anay be lawful, for the Colleftor or CoUcd^ors of Impoft and Kxcile, to take fb much of tlic faid enumerated articles, as fliall Ly him,jor the-i, be decn.cd fullkicnt to pay the whole du- ties upon fuch lmporta*^ion, ftorethe fame, and at the end of three months, if one fourth part pf the fitid duties h^th not been paid, coiifoimable to tlw fecond fccSion of liie before recite vl Mi, then, aiid in that cafe, to fell it public aucTtion fy much of the faid articles in his or 1794 Anne tricefimo quarto Georoii III. C. VII. 33S their cuftody, as may be fiilTkicnt to dircharge the firft quarterly payment, and ft> in like manner at the end of every fucceeding three months, vmtil the whole duties 'aforcfaid (hall be difcharged ; and if any balance (hould then remain in the hands of the faid Collector or Col- lectors, after deduding tivo pounds ten fhtllings percent, for the Auftioneer's commiflions, and a reafonable fum for ftorage, and other clmrges wliile in cuftody, to pay the fame to the owner thereof. III. Be it further ena^ed, hy, the author! fy aforefaiJ, That it fiiafl and may be lawful for the Governor, Lieutenant-Governor, or Commander in: Chief for the time being, to appoint a fit and proper pcrfbn, to be Infpeftor and Searcher of the'Duties of Impoft and Excite for the port of Halifax, to infure the Better oolle(flioft of the duties of Impoft and Excifc with- in the diftriift of Halifax, who ftiall have full power to enter on board any fliip or vedel, or into any houfc, ftore or place, and to make fcizurcs for all purpofes, and in all cafes, in which the Colle(ftors of Impoft and Excife are authorized to do the Himc by vfrtne of the atorcfaid Acls, and under the reftriclions and quaUHcations therein exprefled; and fuch Infpector ami Searcher, fliall attend the unlading of all rum, and other diftillcd ipiritiVous liquors, wine, and brown fugar, hereafter to be imported into this Province, and fliall take and keep a re- gular and juft account of the' fame, and fliall attend the weighing and guagfng all rum, wine, fugar, and other articles which are refpecHvely to be Weighed and guaged by virtue of the*, before mentioned Afts^ at the firft landing of the fame, and (hall attend at the delivery of all rum, and other diftilled fpirituous liquors, hereafter to- be fupplied for the ufe of His Majef- ty's army, navy, and careening-yard, and Ihall atteiid the refliipping of all articles, on which tlie duties, or any part of them impofed by theaforefaid Acts, or either of them, are drawn back upon the exportation thereof, and fliall alfo take and keep a regular and juft account thereof, for the infpeclion of the Commiflioners of the Revenue, whenever they fliall think fit to call for the fame. IV. And be it further enaHeJ, by the authority aforefai(f ^ThdXiiiny ^cx(on or perfons flial! ob- flrucl; or aflault, with intent to obftrutt any Collector, Infpecflor, or other officer, appointed by virtue of this, or either of the aforefaid Acts,in the execution of tlie duties of their refpective ofHce or ofirces, fuc^ perfon or perfons fo offending, fliall forfeit and pay the fum o/ one hun- dred pounds, the one half thereof to, and for the ufe of, His Majcfty, His heirs and fucceflbrs, for the fupport of the government of this Province ,; the other moiety to the ufe of any per- fon or perfons who ftiall fuc for the fame by action of debt, bill, plaint or information, in His Majefty's Supreme Court. And whereat from thcfituatton of this Province, many vejfth not bound thereto, are obliged to put in' to its ports by di/lrefs of ivcathcr., and olhfr unavoidable caufes, which may have on board dutiable ar- tielcs,andwhichit may bi abfolutely neceffary to unlade, inordtr to repair fuch vcffels, and enable them to proceed upon their intended voyages : V. Be it therefore enabled, by the autharity aforefiid, That it fliall and may be lawful for tlic Collector or Collc(n:ors of Impoft and Excifc within the diftrict, where fuch vcllel or veil'tls may arrive in cSftrefs, upon application to them by liie maftcr or confignec thereof, to permit fuch maftcr orconfignce, to unlade all fuch dutiable articles, and dcpofit and ftorc the lame in the cuftody of the faid Collector or Collectors, who fliall take an exact account of the packages in which fuch articles are coHtair.ed,aiul the contents of each, and make a correct entry thereof, in his or their books, which dutiable articles fliall continue and rcmaiu in the cuftody of the faid Collettor or Collectors, until fuch vcflel or vefl'els fliall be put in a condiii- on to receive the fame on board af^ain, and be ready for fe;i. And the faid ('ollc^tor or Col- lectors arc hereby authorized to deliver np to the faid maftcr, or confignee, the whole, or any part of fuch cargo or cargoes as may be required for re-fliipnient and exportation, upon payment of ftorc rent, and all other reafonable charges tlut may have been incurred by inch unlading Appointment of an Infpeflor and Searcher for tlie port of Hall i\ i Ills po\t(ir, m,i duty. P.naltr for per* ions obllruiJling, or ankuhing an ofticerof E.Hci e, in the ii-.Tcution ut liis dutv. Ofd'jtiiiMe arti- c'c "ii hoiiiH of xcliiib ill difticis. 3S^ 1794 Anno trlcefimo, quarto Geor Gil' Til. C. VIII-TX, unlading and ftoring, and vwltlvout being fybjcA to any duty, upon the like conditions, aj pcrfons are by the faiid Afl pernjitted to export the like articles, by them imported into this Province. .Provided -always, lliat no pcrfon as aforef^d, (hall be entitled to the benefit of tliis -cUufe, \yho fliail be proved to have fold any part pf the faid dutiable articles, except fuch as may befufEcicnt to pay forlhe neceffary repaiv^i of fuch veffel or velTcls, and (hall have be i. pcrmitted'to be fold for that puipofe by the-.ConaiiilDonersofthe Revenue. Provided alfo, ITiat if any part of the ,fs,id dutiable articles fliall be fold for the payment of the repairs, and other neceflary chargies, that may aiile in refitting fuch vcffcl or veflels, for the.profecution ofhcr or their intended voyage, the fame-fha]l befubjecl tpj.and pay tl»c whole of the duties impofgd by the aforefaid, or any other, 4cV or Ads of tIiis:Province. VI. Beit further enaned,byithf authority aforefaid. That all wines imported into this Province, fliall, in future, pay only fix pence per gallon, in lieu of the nine peuce per gallon, impofed thereon, by the AQ. herein laft before-mentioned, of which this is . an. amendment, any thing herein, or therein, contained to the. contrary notwithllandlng. VII. Be it further enaded, by the authority aforefaid. That 4! rum, and other fpirituous liquors, diilill^d in this Province, (hall, in future, pay only tJij fc pence jier gallon, in lieu of tht fix pence per gallon impofed thereon, by the Act herein laft befo^vmcntioned, of which this is an amendment, any thing herein, or therein,-Contained to the (.ontrary notwithftanding. And for the more effeHual preventing of frauds on the exportation of articles liable to duties, by the aforefaid ASIs: VIII. J3e it enadcd, by the authority aforefaid. That no pcrfon or perfons fhall have credit for, or fliall be paid, the duties by him or them paid, or fecured, on fuch articles by him or them exported, unlcfs he, or they, fliall, after the exportation thereof, or fome other perfon in his . or their behalf, in cafe of the abfence of fuch perfon or perions exporting the fame out of this Province, make and fubfu'ibc the folkiwln^ oath^ .vi^. • •I A. B. dofwear,.thatI verily believe the rum, or other fpirituous liquors,by me exported to a certificate of the landing of which is now by me exhibited, has been really and bona fide landed at the faid place, and that the fiime has not, to my knowledge, or be- lief, been again landed, fold, or ex,changcd, in any part of this Province. Afl continued to IX, And be it further enacled, by the authority aforefaid. That this Act, and the laft above-mcn- ,iilju y, 179J. tionedAct, of which this Aft is an amendment, and every matter andclauie therein contain- ed, fliall tie .u) force from the firft day of July, one thoilfand fcven hundred and ninety four, until the firft day of July, one thoufand fcven hundred and ninety-five, inclufive. Avticlfs 1^)1(1 for the payment of Tcpiirs, liable to dut y. All wines in fu- ture to p;{v only fix peiici; per .^dllon. A'! nun, ic.dif. tiliej within the rroi'ii)Cc in fa. tuie,^c pay (inly tliree pence per i^allun. {Exporter of du- . liable articles to make and fub- fcribtf the foUow- .ing oath. ,f orm of oa4i. iSxpireJ. CAP. VII I. An ACT to continue in Foree, the feveral A ^Is therein mentioned I ii'i i.:! ?rMnibii:. CAP. IX. /Ln ACT to regulate the packing and inlpedling of Salted 3eef and Pork, ioy: Exportation. WHEREAS it is necrffary,for the ctuouragement ofraifng neat cattle and hogs, asflapk articles of exportation from this Province, to apply every neccfjary precaution toprcvcntfilted beef and Jtork being /hipped, otherwi/'e than in the befl manner and condition, and under certain regulations ,: t794 Anno tricefimo quarto Georgii III. C. IX. 3V 1. Be it therefore enafled, by the Lieutenant-Governor^ Cauncily and AJfcmhly, That from and after the publication hereof the Grand Jtiries of the fevcral counties in this Province, at their Anpwntment of General ScfUan of the Peace in each of the faid-countics, wherein by law town cllicers are to Kciuckers of be nominated and appointed, (hjll nominate, out of every townfhip in fuch county, four lit '^"j*^^ *"'* ''"'^'^ perfons, out of whom the faid Court of Sefllons (hall appoint two, to be infpeftors and re- packers ofbeef and pork intended for exportation : which infpedors and repackers (liall hold and exercifc their faid office for and during the year fucceeding fuch their nomination and ap- pointment, and until others fhall be appointed in their ftead ; and fhiall, within eight days after notice of their appointment, and before they enter upon the execution of their office, take the following oatJi, before fome one Jufticc of the Peace for the county wherein they refide, viz. I A. B. do fwear, tliatl win faithfully, truly and impartially, according to the beft of my Infpc^.ors otth. judgment, (kill and underftanding, execute, do and perform, the office and duty of an infpe<5tor and examiner of beef and pork, According to the true intent and meaning sf the laws of this Province relative to tlie fame. II. And be it further enaflid,, by the authority aforefaid. That from and after the publication of this Act, all barrels in which any beef or pork Ihall be repacked, fhall be made of good found hard wood ftaves and heading, with not lefs than twelve hoops on each barrel, and (hall be of fuch fize and dinier.fions as herein after exprclLd, and be made as nearly ftrait as poffible, and in every refpecl fufficient to hold pickle, and that all half barrels fliall be made of the like materials and quality. III. And be it further enabled, by the authority aforcfaid^ That the infpcciors and re-packers, fo to be appointed, fhall ex.imine and fort all beef and pork to be by them repacked, and fuch as is well fitted, and in every other particular in a good ftatc for exportation, fhall be by them repacked into barrel? in the following manner, that is to fay : fuch beef as is large and fat without cither Jiocks, fhins or neck pieces, fhall iJc forted by itfelf, and on one of the heads of all barrels, containing beef of this quality, fliall be branded the words ir.cfs beef, and that fuch beef as is not of the very {\\^ quality, fliall be forted and repacked by itfelf, and on one of tlie heads of all barrels, containing becTof this quality, fhall be branded tJic words prime beef, in each of which barrels of prime beef there Ihall be at the lei'.ft one round, and not inorc than two hocks or fiiins, and one half of the neck, and to be good and well fatted beef, and fuch as is inferior or third quality beef, fliall in like manner be forted and repacked by itfelf, and on one of the heads of all barrels, containing beef of this quality, flxall be branded the words cargo beef, which fhall not contain more than three hocks or fliins, and one half •f the neck in each liich laft mentioned barrel. And further that every barrelin wl-.ich any kind of beef, (lull be fo repacked as aforcfaid, fliall contain two hundred r.eat pounds of fach beef, and the figures aoo.fhallbe branded on one of the heads of each and every fuch barrel, and fliall be of fuch fize and dimenfions as to hold not more than thirty one or lefs than thirty gaHons ; and that each barrel of pork (lull contain two hundred neat pounds of pork, well fatted, the firtl quality of w hich fliull not have in each barrel more than three fhouldcrs without the legs, which fliall be cut off at the ktie:s, nnd fuch a proportion of Iicid or heads, as fliall not exceed twenty four neat pounds in wcip;ht, the ears and fnout.s cut oil", and on one of the hcad.i of all barrels containing pork of this quality, fliall be braitlcd the words prime pork, v ith the figures of 200 thereunder. The fccondquality v)f pork, Ihall not have in each barrel more than five fliouklers without the legs, and not ukmc than two heads, which fhyllnot exceed thirty neat pounds, and fliall be otherwiie good merchantable pork, (m one of thqheads, of , ill barrels containing pork of this lail iTieuLio)ii:d xju-lity, lliaU be branded the wurd4 Barrels to be innile cf lurd wood ftiives, aii4 ClCJl. Inrpc^ors to ex. ar.iine sn'l l;ift bcki anil poil;. Mcfs R?et'*o he ;?.ickedby itlelf, and ths bjircl branL^L'd »c>;oi-- dinijlv. ficconJquaiitvM be branded pi inie beef. Till d qunlitv tA be branilcJ civ- go Lccf. Ei^Ti barrel 19 C'liitaii: twu bun- dled pounds ot bcot cir pn:!;, and lu b. bi.uid- td. II, lie birrel to Clint (in one luin- diedi>oiinu3. C. IX. Anno tricefimo quarto Georgii III. >794 Betfor pork not to be repHckcil until in I'alt four- teen ci.iys. How CAcU calv is toht branded. lnf;Xi-t.)rs to fc- cuie tln:ni.irkiti^ irons I'roni their let var.ls. Allnw.ince to lai'^oaor. Tcnaltv for ftioli 8s lliili K"! r or I?viikafici inlpec- tiua. Pepslty for In- fpcL*>>rt that Ffn.iliv f jr fr.ch ;;s export unii- fne-kd beef or puik. Of unlnfpt.v'^ci.! bftf 01 poik 1,1- tlt'ii on bo.iid of vcfllls to; cxpor- words carj^o pork, with the fif>irt's 200 thereunder ; and all barrels wherein fuch pork Ihall be repacked Uiall be of the diinenlkns to contain not more than thirty, or Icis than twenty nine gallons. IV. ylnd be it further ena£lcJ, by the authority afore/aid. That every liulf barrel, in which beef fliall l)e repacked by virtue of this Ad, (hail be of fuch fize as to liokl not Icfs than fifteen gallons, and one half gallon, or more th.m fixtecn gallons, and llrall coatairr one hundred neat pounds, of beef; and every half \}Jt\Kd[ in which pork fliall be fo repacked, Ihall be of fuch fue, as to hold not lels than liftecn gallot.c.oi more linn fifteen gallons and one half gallon, .'nd Hiall contain one hundred neat pounds of pork, and on one of the heads, of every fuch half barrel of beef or pork, fliall be branded tlie figures loo, and in other refpccls tc be affort- ed and branded, and under the fame rules and retlriclions, as full barrels of beef and pork arc herein before directed to be. V. And be it further enoHedy by the authority nforcfiid, 'I'liat not any beef or pork fliall he repacked until the fame has been laid in fait notlefs than fourteen days before fuch repacking, and all calks of beef and pork fo repacketl, fliall be branded with the initial letters of the in- fpeclor's and repacker's chrifiian name, with his firname at full \ r,p;th, together with the n:mc of the place where repacked. And every infpeclor and rcpackor of beef and pork, fhall care- fully fecure fuch his marking Irons, fo as to put it out 01 1 i^," power of his fervants, or others, to obtain and make ufc of them contrar/ to the true intent and meaning of this Act. VI. Jnd be it further enailed, by the authority (tfurtfiid. That the infpcclors and repackerj fliall receive and be paid for infpecling and repacking, after the rates following, that is to i'iiy : for infpcching and repacking each barrel, one lliilling, and for each luilf barrel, fevon pence half penny ; for each hoop wanting, and put on by the infpeclor and rcpacker, two pence, and for flagging, nail'-g, pcgp/mg, and pickling, each barrel, feven pence lialf penny, and each half barrel, five pence, the owner of the beef or p'-'"''.- furnifliing, or payiiip^ for, the flit. ' ..|,,, VII. And bi it further enaBcd, by the authority a^'orcfaid. If any perfon or perfons fliall, at any time hereafter, intermix, take out or fliift, any beef or pork that has been repacked and brand- ed as aforefaid, and i"u?ll export, or lade on board any vefl'el for exportation, fuch beef or pork fo intermixed, taken out or Iliifted, every perfon i") taking oat, intermixing and fraudulently llilfting, fuch beef or pork, fliall, on conviction thereof, foirfi^ll and pay the funi of fifty pounds : to be applied to the benefit and ufc of the informer or informers. VIII. And be it further cmichd., by the authority oforcfiiid. That if any infpeclor or repacker, here- after to be appointed by this Act, fliall infpecT:, repack or brand, any barrels or half barrels of beef or pork, in any manner or form contrary to t'le true intent and meaning of this Acl, or fliall, in any other n;anncr, ofTend againll the true intent and meaning thereof, fuch infpcctor and repacker fliall ioricit ft)r every oflencc, the fum of f.fty pounds, the one half of which fliall be applied to the ufc of the poor of the towhfliip wherein the oflcnce is committed, and the other half £0 be paid to the perfon or perfiins iriforming. IX. And L* it further enabled, by the authority (frcfiid. That from and after the appointment of fuch infpec'tors and repackers, if any perfon or perfons fliall export, or fliip for exportation oui of this Province, any beef or poik, not being ini'pecT;ed, repacked anil branded, by one of the fworn inrpe(ftors and repackers as afoixf.ild, every fuch exporter and maftcr of every vef- fel, having on board fuch uninfpeffed beet t,r pork, Hull, upon conviction, refpectively forfeit and pay tho.fums following ; ioi e^'.ry barrel uf beef tn' pork, fo exported, or fliipped for ex- portation, as aforelaidy that is to fiiy, the owner thereof fliall forfeit and pay for every fuch barrel, the fum of forty fliillings, and the mailer of every velTel, having the fame on board, fliall ft rfi.it and pay, for every barrel, twenty fliillings, and further, that the faid'infpeclors, and jvery of them, fhuil have full power and authority, by virtue of thL> Act, on fufpicion that »794 Anno tricefimo quarto GeorgiiIII. C. X. 339 that any beef or pork, not infpeftcd as aforcfaid, fliall be fliipped In any vcHll for exportation, to apply to any Juflice of the Peace, and, on oat!i, toafliTnto fuch Jufticc, the taiifi'sof fuch fufpl- cion,and if the faid Juftice iliall think the faidfufpicion well grounded, he ih ill ifl'ae his warrant to thcfaid infpcclor or infpcclors, to cnicr on board any vellcl whatever, l.iden, or loading; in any port within this Province, and tofearch for, and make difcovcry of, any beef or pork flip- ped on board any fucli vcire!,for exportation out of this Province : And if any of the faid in- fpcclors fliall difcover any beef or pork not repacked or branded as directed in, and by this Act, on board of any fuch vefibl, fuch infpector fhall apply to fuch Jufticc of tlie Peace, who is hereby authorized and required, to ifl'ue his warrant directed to the SherifT, his deputy, or any of the Conftables of the county, wherein fuch vellel is laden, or loading as afore- faid, coininanding hini or them to enter on board every fuch vcfTel having on board uich un- infpcded beef or pork, and caufe the fame to be relanded and delivered to the owner or own- ers thereof, upon hiii oi- their paying all reafonable and lawful cxpences for the aforefaid war- rant, fearcli and rclanding ; and ifany pcrfon or pcrfons fhall obflruct, or prevent, any in- fpector from niaking fuch fearch as aforcfaid, or any peace ofllccr, in relanding fuch beef or pork, cacli and every peri'on fo olfending, (hall fon^ic and pay the ium of Jifty pounds, to be paid to tlie ovcrfcers of the poor fur the townfliip, rvherein fuch olFence is commilted, the fame to be recovered on tl\e oath of the infpector or peace officer. Provitkd ah ays, never thelcfs. That each and every veffcl bound for any voyage, and not car- rying any beef or pork out of tlio Province for fa'.e, (Iiall, and may, l)e permitted to carry any quantity of beef and pork for the ufc of the ihip's company, not exceeding in the whole, two tlioufand pounds, grofs weight, in any manner or mode, that the owner of fuch vciTcI may think proper. X. And he it further ena^ed, hy the aiitlurity nforifaid^ That all and every the forfeitures and penalties aforefaid, (hall and may be recovered, with cofts of fuit, in the Supreme ('ourt, or the Inferior Court of Conmion Picas, by any pcrfon or perfons who will fuc and profecutc for the fame to effect, by bill, plaint or information. XI. And be it further enoCledt b^ the authority aforcfaid. That this Act fliall continue, and be in force, for tw-j years, from the end of ths prefent Sc;lion of the General Affem!)!/, and no lonfrer. Penalty forob- . iJ>iutHng Ptace Oillcjr on eiv;:r- ing any vcfTcl, t(i kMich lOT or ur- laiic uninfptitcd b.ct'.ind poik. Of'V'fnr pork tai llii^j's a;u. Miiircr ofrcoo- vcnngfoiloiturn S.?t to coriiiui t'jr two ytaij. CAP. X. An ACT for providing for the Trial of Iffues, by Juftlccs of N'lfi Priusy in the Counties of Sydney, Lunenburg, Queen's County, and Shelburnc. WHEREAS // is highly expedient far the due ad'Dini/lraii'.n ofjujlite, that Courts o/"Niii Piiu.r, rf'-'-'mi it, flmdd be cjhibUJhed in the fcveral counties in this Provin.r, in ivbich His Mjjjlfs Supreme Court arc not now by hiiv, aiiihorifd to ft : I, Be it enacli'd, by the Lieulenant-Gov.rnor, Council and Apnddy, TIr.it '>\u'.:ii and fii often as any ilTue or iffues (hall be joined in His Majelty's Supreme Court, which idue or iilues ouglit, by the law of the land, to be tried in the refpcctive counties of Sydney, Lunenburg, Oueen's Countyand Shelbnrne, it fluill riid may be lawful for tlie Clovernor, Lieutenanf-Goveinor, or Connnander in Chief for the lime being, to allign one or more Jullice or jufdees of the S i- prcn-.e Court, joining, with him or them, one or more of the Juitices of t'.e Inferior Cou; t, l'(at the court-houfe within his county, thirty (ix perfons, qualified to fcrve as petit Jurors, who fhall be drawn in the manner di- recled by the feveral laws of this Province, for regulating Jurfcs, and declaring the qualifi- cations of Jurors, in the prefence of one of the Juftices of the Inferior Court of Common Pleas, in fuch county, the "SheriiT thereof, and the IVothonotary or Clerk of fuch Inferior Court, and fhall be by fuch Sheriff fummoned to attend at the time and place in the faid vcmte commanded. And -ajbcreas there are at prefent no prnflicable reads from U*lifax, to the fcveral counties herein before mentioned, by reaftn cf which, the Jujflicesfe to be ajfxgnid^ rnny not be able to attend at the pla-- tes, and on the dcy fo to be appointed, as aforefaid : IV. Be a therefore enacJed, by the authority aforefaid, That in cafe fuch Juftice or Jufticcs, fo to be afligncdas aforefaid, fliall not arrive at the places and the tiircs to be appointed as afore- faid, it fliall and may be lawful for the Sheriff" of the County, to refpite the attendance of all Jurors, parties, witnefl'cs, and other perfons fummoned or bound to attend at the times nnd places aforefaid, from day to day, untU fuch Juftice or Juftices fliall arrive, which Juftice or Jufticcs, fluU then proceed to try fuch ilTuc or ifl"ues, as are by him triable by virtue of his commiflion. V. Be it further cnaclcd, by the authority aforefaid. That it fliall and may be lawful, for the Chief Juftice of His Majefty's Supreme Court, for the time being, from time to time to appoint fuch fit and proper pcrftxis, as hi fliall ilii;ik proper, to be Clerk or Clerks to the Court of Nift Prius, hereby eftabliflied in the fcveral counties herein mentioned, and the faid Supreme Court fliall and may, from time to time, make and ordain fuch ordi- rances and rules as to their difcretion may fccm meet, to regulate the practice of the faid Courts, and for the cfleclual adaiiniftration of juftice in and by the lame. VL '794 m^ Anr o tncefimo quarto Georgii III. C. XI-XII. VI. Be it further enaded^ hy the authority aforefaid^ That the Clerk or Clerks of Kifi Prius^ to be appointed by the Chief Jufticc ;iforefaid, ihall and may fign and feal writs oicapiiis, fiimmons^ and all other writs returnable into the faid Supreme Court, or into the faid Court of Nift Prius, and fliall and may take the affidavit or affidavits of any pcrfon or perfons, for thcpurpofeof holding to bail, or attaching the property of, any defendant or defendants, and fhall and may indorfe writs of capiat ad refpondendum^ or attachment, upon fuch affidavit or affidavits, ii\ the fame manner as the Juftices of the Suprtine Court are by law authorifed and directed to indorfe the fame. VII. And he it further enacicd'., hy the attthtrity afarcfaid, Tliat it fliall and may be lawful for the fuid Cliief Juftice,by warrant under his hand and fcaljto appoint in any of the Counties of this Province, fuch fit and piuper perfons, as he ihall think convenient, to be commiffioners to take affidavits, to be ufcd in all caufcs fublifting, or which hereafter may bo inftituted, in His Majefty's Supreme Court, or in the faid C-mrt oi Nifi Prius, hereby cfiabliflied. VIII. And be it further ena^ed, by iheauthor'.ty aforefaidtlhat it fliall and rnay be lawful for the Juftices of the Supreme Court in all cafes wherein they fliall think proper, to tax fuch reafon- ablc counftl fee or fees, not exceeding the fum of five pounds, to be paid by the party againft whom a verdict fliall pafs in any caufc tried before them, as they fliall think projier. \X. And be it alfo further cm^ed, hythc authority of orcfaid. That fo much of this Act as refpecls {hceftablifliment of Courtsof iV»/? Pr/«i, Ihall continue and remain in force for and during the term of three years, from and after thki publication hereof, and until every iffue actually joined at the expiration of fuch term fliall have been difpofed of, and no longer. 34TI Duty of Clerk of Nil! Priut. Chief Juftice (« appoint Conimil- (iontis to take aiiid^vitl in cau- fcs pciidins; in the Supreme Court or Nili Prius. Counrc'lfecs,ho'.v taxed. Continuation ci" Ail. GAP. xr. An ACT in addition to, and amendment of, an A61, pafled in the RepcaWby Thirty-fccond year of the reign of His late Majefty, entitled, an ^''•^^^ Adi for eilabliihing. and regulating a Militia. ;'.h CAP. xii: An \CT for making-, rcp?Iring, laying out, and altering. Highways, Roads, Bridges and Streets, within the County of Annapolis, and for the more equal apportionment of the Work and Labour of the Inhabitants of the laid County, to be performed in and about the fame. F.Kpircd. Vi CAP. 342 rx, lie I. C. XIII-XV. Anno trlcefi mo quarto Georgii III. 1794 CAP. XIII. An ACT to enable tlic Juftlccs of the Peace, and Grand Jury, for the Diflridl; ofColchelUr, to afTefs tlie Inhabitants of the Townlhips of Truro, Onflow, and Londonderry, as alfo the Inhabitant? on the lower Settlement of Sewack, Shubenaccadie, Gay's River, Lnd the Settlers on the Road leading from Truro to Gay's River, for the repairs of the faid Road. CAT, XIV. Exnircd. An ACT for the better regulatirig tiu. Herring Fifliery in the Coun- ties of Annapolis, and Kmg's County, and the exportation of pickled Herring from the faid Counties. i . .u:iible. Ad.'!tion;il duty ■ iliix-c pc;iv,c P':r paldn on wine biK^iificr in.jioitcd. C;,!k'fl!n,-5 of du- ty- of tuil. >'.:tvU)be aV'I'iifd to the C::r.nmarfcliool, till iC!riiiiid>.r to tlio uli 'jf tl-.e \M .1 iitil.e town o! lUlitax. CAP. XV. An ACT to provide for the Support of the Grammar School in Ha- lifax, and for other public ;iurpofes therein contained. WHEREAS no particular fund is appropriatetlfor the fupporl of the Halifax Grammar School, and as it is alfo expeclient,that fone provifionjbould be made for the ftppurt offchooh, in othtr parts of the Province : I. Be it enaikd, by the Lici/tcnant -Governor, Council and ylffcinhh. That from after the publica- tion hereof, there Ihall be raifccl, levieJ and collected, on all wine, to be hereafter imported into this Province, the additional duty of threepence per g-illon, to be paid and applied as is iK-reiii after directed, that is to fay : on a!! wine imported into the port of Halifax, the addi- tional duty of three pence per gallon, (liall be paid into the Provincial Treafury in Halifax, and cm all wine in:portcd into any of the out ports, harbours or creeks, in this Province, the aforcCud adiiitional duty fliall be paid into the treafury of the county or difuicl vi-hereto fuch harbour, port or creek, (liall appertain, all which faid additional duties fliall be raifed, levied, c(>I'cded and paid, as aforcfald, by the ways, means, methods, rules, provificns and directions, and under ihc famcpcn;diics, and by the Coliedors prcfcribed, mentioned, named andexprcf- {cd, iii and by an Act, entitled, An Acl forgrantingto His Majolly certain duties on wine, rum, ariri ail other difiilled ipirilut-us liquors, and brown fugar, for t!\e purpofe of paying the inte- refl, nnd reducing the principal, of the public debt of this Province. II, A:id he it further ena^cd, by the authority afsnfiid, 'Jhat all antl every fum and funis of money, arifingfrom, or which fhall be ct)llocl:ed and paid into the treafury of this Province, under, and by viitueof, this Ay warrant, be drawn for out of the treafury by the Governor, Lieutenant- C'lVM'iujr, or Commander in Chief for the time being, upon application of the trullees of the laid fc'ionl, and applied in and tow,;n.!'i the maintenance thereof, and that all and every tlic fuir. or funis of moucv ariiing from the duty hereby impolcd, and wiuch lUall remain in t!ie I'ali 1794 Anno trlccfimo quarto Georgii III. C. XVI. liiid 'vTcafury after the cxpiratjon of the Tiid year, (hall and may, on application of the Ovcrfccn of the Poor for the time being, of the town of Halifax, be drawn by warrant under the hand and Teal of the Governor, Lieutenant-Governor, or Conimandcr in Cliief for the time being, and '. by them, applied in "ind towards the fupport of the poor of the town of Halifax. J And he it further ena^cd^ ly the authority afire/aid. That in cafe it fliould fo happen that the niooKa a: ifing from the duty lierein before impoi'ell, fliall not amount to the fum of one hun- drn' and fifty poi. ids per annum, and it fliall pear to the Governor, Lieutenant-Governor, or . )n)ma;' 'cr in Chief for tlje time being, upon application of the faid truftees, that the full fu 1 of one hundred and fif y pounds ' ntccfTary to be ajiplicd in and towards the maintenance ;,i)d fupport of the fiid k^^ ' ol, then, and in I'uch cafe, it fliall and may be lawful to and for the Governor, L.ieut..nant-Govcrnor, or Commander in Chief for the lime being, to ufe and ap- ply fo much of the monies arifing from duties on licenfed houfcs, within the town and diltricl of Halifax, by virtue of the Acli now in force for fuppredlng unlicenfed houfes, and for granting to His M ijclly a duty on perlbns thereafter to be licenfed, as Ihall, with the monies arifing from the duties on wine herein before impofed, make up in the whole the faid fum cf one hundred and lifiy pounds, any thing in the aforcfaid fcveral Acts fn\- fuppreOing un'.ieenfcd houfes, and for granting to His Mijcfty a dutyoti pcrfons here .1 be lic«n- fal, or of Acts made in addition thereto, or amendment thereof, to the '■.<.v.\.r,:. notwiih- llamling. IV. And be it further emt^cd, by the authority aforcfii. I, That when any "'ic Mall oc export- ed or carried by land from the port, wiiercin the duties for the fame have oeer r/id or fecured, to any other port or place in the Province, not in the fame couaty, «hat ;.ie county, into ■ lilch the fame may be fo imported or landed, fliall be entitled to ad:, ^ac'' of the amount of the additional duty of three pence per gallon, impofed by this Act, i ;iii:ient proof being produced, that fuch wine ! as been actually landed or received in fome part of fuch coun- ty. Provided akvays^ That no drawbacks (Iiall be allowed for any quantity lefs than one hun- 'Ircd gallons, to be exported at one and the faine time, by one and tlie fame perfon. V. And be it further cnaCicd by the authority afjrcfiid^ Tliat all fuch fum or funis of money, as fliall be collected as aforcfiid, by virtue of this Act, in each and every of the out ports, luirbours and creeks, of this Province, and paid into the county treafury as aforefaid, fhail be ufed and applied for the fupport of public fchools, or fuch other public beneficial purpofes, :;3 the Jufl;ices of the Peace, in their General Seliions, fliall tliink moll expedient and ufeful, the fiime to be drawn for by warrant on the county Trcafurc , figncd by a majority of the Juftlces p*fent, at fucli General Scillons of the Peace as afor-'.aid. VI. And be it further ennded^ by the authority aforefaid. That this Act, and every matter and thing therein contained, fliall be and continue, and the f inie is hereby continued in force, to the firll day of July, one thoufand icsxw hundred and ninety five. 343 Ifthemone- r \. IciJtcd Ihoiild .'• t amount to » . 1 «r aniivini ;i; (leliciency -ii up from ihe ilu' / o'.i licciUld hou- fes. Of thi; ilranbnck ot'diitifj on wine exported to any pur' ot llio I'ru- vince. Application of ni'.nifs collected in tlie out ports. A-f cortii'iicd to ill July, ■.7VJ' CAP. XVI. An ^CT to provide for the Summary Trial of. Actions heretofore Expired. vcftcJ in His Majcily's Jufticcs of the Peace, in the Town and Peninfulu of Hahfax. CAP. ■_ji^^ 344 Excfutfi,!. C.I. Aiino tricefiino quinto Georoii lH. '795 CAP. XVII. An ACT for applying certain Monies therein mentioned, for the Service of the Year of Our Lord One Thoufand Seven Hundred and Ninety Four, and for appropriating fuch part of the Sup- plies granted in this ScfTion of General Aircmbly, as are not already appropriated by the Laws or Ads of the Province. At the GENERAL ASSEMBLY of the Province of Nova-Scotia, begun and holden at Halifax, on the Twentieth Day of March, Anno Domini 1793, and thence continued by feveral Prorogations to the Twelfth Day of March, Anno Domini 1795, in the Thirty-Fifth Year of the Reign of Our Sovereign Lord George the Third of Great-Britain, France, and Ireland, KING, Defender of the Faith, &:c. being the Third Seflion of the Seventh General AfTembly con- vened in the faid Province.* * In thetimeofSir JohnWentworib, Lieuttnant-Govcinnr ; Sir Thomas Andrew Stranpe, Chief Jufticc, and Prefident ^ jDouQcil ; Thomas B*rcUy, Speaker ; Jam«» Cautier, Secretary otCouncil j and James li. Franklin, Clerk cfAflcmbiy. CAP. I. Nomination and appointment of ^1 An ACT to amend, and reduce into one Ad, the feveral A<5ls made by the General Aflemb'yj relating to the Office of Sheriffs ; and alfo for altering the form of the Summons heretofore ufed. BE il ena8e(i, by the Lieutenant Governor, Council and Affiinbly^Th'Xt it fliall and may be limful for the Chief Juftice of His Majcft/'s Supreme Court, or in his abfence, for thefcnior judge of the faid Court, once in every year, that is to fay : on the laft day of Michaelmas term, to nominate for each county in the Province rcfpe(^1ivcly, three proper and Ik pcrfons to be nude High SheriiFs, a lift of whom he is hereby direcled to prcfent to the governor, l.icutenant-Governor,or Commander in Chief for the time being, who is hei:cbyimpowercdiin- jiiediately to prick one out of the faid number for each county, to ferve the oflice of highSherilT for thcenfuing year, which Sheriff, being refident in his proper county, and having entered, in the Secretary's oflice for the Province, good and fufficient fccurity for the faithful execution of his ^l£,c.e, ;is Sheriff, fliall, immediately upon receiving his patent, be fully iaveftcd with -all the powers^ '^793 ^lOVcrs rcgulat to: an of the 11. - ihcr fli 111. ,i;XfCUt( rcfufin tenant. of the rcfufin IV. or fci .dm*.< to vci count' fcnt i of tlic l;e Ilk 795 for the hundred le Sup- already '^795 Annotriccnmo qiiinto Georgii III, C. I. 345 ig the ^ con- P'cfident of mbly. ^ ii A as eriffs ; 5 ufed te lawful le fcnior haclraas pcrfons )vernor, ercd ijii- li Sheriff 1, in the n of his i ill the powers^ 'jiowcrs aiul authorities of a high Sheriff, and lie ful)jc(fl to all fuch laws, ciiHotTis, ordinances, regulations and directions, as tlie high Sheriff, in the fcvcral rtnintits in Knghnd arc- fubjcft tu : and a'Hu to all fuch AiTU of thisi'ruN tncc i\n in any way or manner relate to Aithout fa- . vour or affection, all the King's writs that fhall come to my hands ; I will take no deputy or bailiff into my fenicc, but fuch as -1 will anfwer for, and will cauic each of tliem, before they enter upon their ofiicc, to take fuch oaths as I do, in what bdongcihto their feveral oc- cupations; 1 will duly tuakc fair and impartial lilis and panncis of pcrfons able and fuflicL-i.t as it is ajipoiineu by the lav\s of this Province-; I will not, during the continu.uice of my ofiite, receive, either dirertly, or indirectly, any fee, favour or reward, for conftivuilng any perfon or perfons, my deputy, or bailiff, but will keep aftricl eye over fuch deputy or InilliiF, that he or they dt) not ev.icl unrcafonablc fees, and be not guilt) of extortion and(>p;'rcfii >n iiti llicir offices ; I will truly to the bcft of inv iliill and judgment, execute the^'hiws and V a ' . ftatiitics S'ar.fTtOgin-fe- cuiay. Shell if to runt«. nu<. Ill ijilicc iiil unutlio: btlwurn. JVnattY (or fuik as iciUik ij t'cuc. The -fame Sheriff llKiy hii H^iiii ig. "^hciiirs to i,.ke iht.' tollowiiifj oiitli fin cniiiing their ofiicc. J'yim ohhc oith. 34^ C.I. Armo triccfimoquinto Georcu III. 795 In caf- of th how another llialltK j^i^jiiu- fd. flatutesof this Province, ard in all things will iA uprightly in my uHIcc, for the honour vi the King, u)d the gccdufhis fubjccts.. So help mc Gocb VI, A lul he it further enoileJ^ That if any ShcrilT of any county within this Plrovince, flihlll d?«hMfa'»lie^fr, happen to die before his year (lull be expired, or before he be lawfully fupcrfcded, the Jo- puty Sheriff by him appointed, Ihall continue to execute the faiil'oflito, in the name of the Jeceafcd Shcvill, until another Sheriff fliall be appointed for tlic laid county, and fworn into ollico ; and iecurities given by the ShcrilT, for the faithfu! diichurge of l>»a Hfllcc, ihall bcac countable for thcconduft of the faid deputy or deputies, in the fame manner as they would have been, if tljo f.iid Sheriff lud been living ; and if i\\d\ Sheriff, (lull have left no deputy by him appointed, it fliall and may be \n the power of any two of the Judges of the Inferior Court of the county to which he (liall have belonged, of whom the feiiior Judtrc uf the fame, then within the county, (hall be one, ami they arc hereby requiicd, forthwith to appoint Ii)mc proper and fu pcrfon to aft as Sheriff, during fuch interval, who, before he (hall enter upon the duties of his office, (hall take the oath herein before prefcribcd, and fliall give good ind furticicntfecurivy to the fatisfaftion of the faid Juftlces, for the faithful difcharge of the duties thereof,, until a Sheiiil'flulLbc appointed, and fworn, in manner ai he is herein before direded. VII. And be U further em^e J f That from and af^cr the publication hereof, all writs of fum- mens,, to be iffued from any Court of Record wfthin this Province, (hall be directed to the Sheriff of the County within w!uch fuch writ is to be ferved, and that the form of all fum» monfes, to be hereafter iffued* from any Court of Record, (hall be as follows : Writ* of Sum. nionii tu b« A\- (cac«i to Sheiitf. Torm of Sum. raorj. Fpesnllowtd die S.'icrilf. is (LS. ) George tlic Third, by the Grace of God, of C«rcat.Btitain, FiraiKC and Ireland, King, Defender olJ the Kiith, &c. &;c Sec. To the Sheriifof the county of Greeting. V^'e command you, that you fummon if hcmay be found in yoin- prccinft, to- be and appear before our Juftices of our Court, at on the of next, then and there to anfwcr to in a plea of to the damage of the faid pounds, as is faid, and have you tlien there this writ, Witnefs, Efqr. at this day of in the ycac of our ra'^tty annoque dominiy 179 Proy. A copy of v\ Iildi iiimmons, fliall, in all' cafes, be ferved by th,' Sheriff, upon the defendant or defendant.*. Vlll. And be it further enacicJ, That the fees hereafter to be allowed and taken by the feve- ral Sheriffs for their fervices- to be done and performed in the faid oflice, (hall be as follows : Serving every fummons, or fire facias^ and making return thereof, threcChillings and ds pence. Serving every other writ of niffne proe^/l, five (hillings. Serving every execution, and making return thereof, five (hillings. Serving writ of poffoffion, ten (hillings ; travel, three pence per mile, for every mile- from the place of i cfidence of the Sheriff, to the place where he fliall ferve any writ ; and' one penny per mile, and no more, for every mile from the place of refidence of the Sheriff, to the Court Houfc, \\'hcrc fuch writ is returnable; provided fuch Court be out of hi* bailiwiek, and not othcrwifc. Bail bond, three (liiilings. Summoning a Jury in each caufe, two (hillings and fix pence. £-\ccuting writ of cmiuiry, faaimoning a Jury, and making return j ten fliilllngs. Returning «r7^5 Anno tricefimo quinto Georoii III. C.t 347 Kcturning Special Jury 5 ten (hillings. On executions or attachments (where a fxlc (hall take place) extended on ptft-fonul proper. ty, fale and payment of the monies received, to the pUintiff, or his attorney, as fuUuws, viz. I'or any fum not exoiiding fifty pounds, one (lulling. ri-o!n fiFty p.iunds, to one hundred poundi, nine pence. All above one hundred pounds, limpence. On executions or attachment, where a fale (hall take place, extended on real eflates, three pence in the pcnind, on the Jippraifcd value for laying the fame thereon < and the fale of fuch real eftate, nnd payment of the proceeds of fuch litic to the plaintiti'or hiii attunicy, the further fee of three pence in the pound. For making inventory of goods and chattels attached, fuch reftfonable fees as (hall be taxed l)y the Court, out of which the writ (hall have iitued. IX. And be itjarthcr enabled, ITiait the appraifcrs of goods, chattels or cftates, taken Upon at- tjchmcnt, or in execution, fliall be allowed two fliillings and fix pence each fiir fuch appraife- mcnt, or where the property is fo cxtcnfivc, or complicated, as to require -a lorg^me to af- certain its value, three fliillings and fix pence each jicr day, for every day while tJiey are aftu- aliy, and bonajide, employed in fuch appraifeniwit ; and where goods and chattels of a periQu- blc nature, or live ■ftock of any iiind, (hall be taken by attachment, and appraifcd, and the party whofc goods or ftock are fo taken, fliall not^ within three days after notice of fuch ap- prailcmcnt being made, grve fufltcient fccurity for the value thereof, according to law, it (hull and may be laviul for any Judge of the Court, out of wliich fuch writ of attach- ment fliall have ifl'ucd, upon application of the [|}aintin', and notice thereof to the defendant, or, -if the defendant be an abfent or abfconding debtor, to liis agent, fador or trufice, if he have any, and no good caufc to the contrary (hewn, to order the goods, chattels or Hock, fo attached and appraifcd, to be fold by the Shcrifl"at public auction : and the monf^y arifing from fuch fide, to be retained in the hands of the Sheriff, or paid into Court, to rcfpq^id tlte judgment, to be aftenftards given -in Aich caufc. X. And be it further mailed^ That ifanySherifl*, or his deputy, (hall demand and take any greater or other fees, in refpeft of any of the (irvices herein before mentioned, than are af- ccrtained and allowed by this Ad, he or they fo offending, fliall, for each offence, be ha hie to the penalties and forfeitures, fpecified in an AcV, made in the twenty eighth year of His Majcfty's reign, entitled. An A- niV.i; ii;'irjM'.o- r, .'. i .liishji.-ij. c: ir. Anno tricefuno quihtoGko'^Gii Illi 1795^ m Tliis Alt toheirt force in/fc)(l of tl'e foiiowing Afrs. »Stfi ot Geo, y.V. «;Jtbof Geo. jii. 1'' Uxcfpt- (<■) 'nuch if; on lie 231! G'.'o. H .idj-srcfpcv'tsthe H i>li!ii;»ti(;n of ^ Clerks of the ijl C"ro\rn,and Ptaoe *'t to make returns to 11 Su;M'jme Court. Ihilling* for each and every pound which h« (Iiall fo detain after demand fo made as aforefaid : . to be recovered by bill, plaint or information, in >Iis Majelly's Supreme Court, at their fit- tings in any part ofthisProvinci: : provide J^ Such afiioiifhail be brough*. within three months after fuch demand as aforefaid, -nd not otherwife. XiV. /hJ bs ii further enatled, That, from and after the publication liereof, chi;' Aci ftall bc- wholly fubftituted, and be in force, inftead of the Acls herein aftermentioneJ, viz, • An Acl,. made in the eighteenth year of His Majeily's reign, cntiried, An Ac!:' to empower the Governor, Lieutenant-Governor or ComTnander in Chief, to apt:ipint Sheriffs in fuch coun- ties -A-hcrc it may befound necefiary. And alfo infteadof a.Ti, Aclvpafied in the tvixnty-third year of His Majeily's reign, cntided, An A(5t for the- better regukting the office of SherifTs, aiul the, manner in which Shcrifl's, Clerics of the Crov.'M, and Clerks of the Peace, (hall return and pais their accounts of all fines and forft:iturcs u'.hich ihall be impofed by their rcfpeclive Courts. And lilcewife inftfad of an AcT", jx>fled in the twersty-eiohth-yesir of His IMajefty's reign^^. entitled, A'l Afl: far the regulating tlie manner of ifluing procefs and execution- from the In- ferior Cov :sof Common Plr^r.s for the fcveral counties in this Province,, and alfo for altering the form of the fummonfcs heretofore ufcd : .any thing in tl.c Ciid AcT:s, or either of them, to the contrary hereof, or different from the feveral proviilons of this Aft^ in any wife notwith- ftanding. Provided always, and- it is hereby enaiJed., That notl-.ing, ia this Act contained, fliall extend, or be conftjrued to extend, to repeal fo much of the Act, parted i». the twenty-third year of His pr . fent Majcfty's reign, above recited, as rcfpccls the obligation of Clerks of the ' Crown, and Clerks of the Peace, in the feveral counties within this Province, to make their returns to the Supreme Court, in the manner, and fubje^t to the penalties expjeflLd in, and. by the eighth feclLon thereof.. GAP. II. An ACT to enable the Governor, Lieutenant Governor, or Com- mander hi Chief for the time being, to appoint pcrfons to fo- lemnize Marriages, in places wherein no eilabUlhed Clergyman refidi. ■:. WHr. RE A S great inconvcniaiccs Kixr arifn}, . aiid dojVdl c^ij^', i?i- matfy pnris of this Provinrr, ■ for luavi (f perfons being legally authorized tsfolemni'ic ntarriages, for remedy ivhcreof : I. Beit emi^LuU bythe Lieuter.ant-G'ivcrnor., Couruil and Affembly,'X\\zti\ovCi and after the pub- Appdmmenrfif licatiou hfrcof, k Ihall andmay be lawful for the Governor, Lieutenant-Governor, or Com- ni'e mair^jsis Tri tnandcr ill CWef for the time being, to appoint iiich fit and proper perfons as he fiiall think piaocswhcve ro ncccHirv, withii) any of the towniiiips or dillrids eitaiiliilieil Cler- . . . gyju».i n;iki;.s. licenced Clergyman c'ota refuie, to folcmniiie marr r.Tfli'.Mieof liii-li m.irri ii^esto. h^TOt'.irneJ totlx Cork jt tljj I'tUGC. Is in this Province, wherein no regular or 'iarriages within, fuch to'.viifliips or diftriclj • between parties, both of whom fliall have rcfided one month at leaft, wiriiln fach townfliip or diftrid, by licence or otherwife as required by the laws of this Province, and all mar-- riages fo folcmnized (hall be ar. good acd valid in law, as if the fame had- been folemnized by any regular licenced clergyman ^ any Uw, ufage or cuftom, to the contrary notwithftand-- JI. And he it further cnaOed, That each ajid every perfon, fol'-mni/ing marriages as aforefiid, by virtue of this Ad, fliall, within thirty d-vys after the folemnizat'on as aforefaid, file with the Cie-k of l!ie Pcaie-,far the county wherein futli marriage is folcmni/.ed, a ccrtilicate thereof, under pain of forfeiting the fum cf ^cn pounds fur each and ycry oflencc. Ul. And X' itfurihir enu^Lu, that tlie Clerks of the Peace in their rc(i)edive counties fliall record m^^ Anne tricefimo. quipto Giorgii III. c. irr. us record within three daysj each and every fuch ccrtlficite fo affiled, underpain oflfbrfeiting the ciaki of the lum of five pounds, for each and every negleck, which fine of tert pdunds, and five pounds, nfe'h'certificatft fti,ll be recovered by bill, plaint or information, in any. of Hfa Majefty's Courts of Record wiihin the Province, the one half to be applied to the ufe of the poor of the townlhip, where- in fuch offence fliall be committed, and the remainder given to the perfon profecu ting' there- for. IV. And he it further ena{led, Tnat fuch tfarird fliall be dcemccfj and taken, to be legal cvi- Rfcorj to be to dcnce of fuch marriage, in all Courts of law and equity within thia -Province. gil evidence. CAP. lit: An ACT in addition to and amendment of, an A£t, pafTed in the Thirty-third year of the reign of His late Majefty, entitled, an Adl for regulating and maintaining a Light-Houfe on Sambro Ifland, and in addition to, and amendment of, an Aft palVed in- the Twenty-eighth year of His prefent Majefty's reign, entitled,- an A(fl for regulating and manitaining :i Ligiit-Houfe at the en- trance of the Harbour of Shelbuine. WHEREAS ■/*# didics payable on merchant Jlnps and vejfeh by the aforrfaid Acl^t are dire{led to be paid at their going out of ti.eftiid harbours of Hit fax and Shclburne : I. Be it ena^id, by the I.tcutfranf-Gevsmor, Council an i Affemh!-/, That from and after the pub- lication hereof, all duties which Ihall become due, anil payable on any merchant fh:p or vcf- fel by virtue of the aforefaid Ac^s, or either of them, (liall be paid immediately, after the ar- rival of fuch {l)ip or vciVcl in the fiid harbours of ll.ilifix and Shelburne rcfpcdrively j imd that in c-x^c the maftcr or co^iunandcr of any fuch ihip ot vel'el, ffiall neglecfl or rcfufe to pay the faid dutrra in manner hereby direclcd, luih mafter or commander {lv.ill forfeit and pay the fu«t of live pouniU ; and it fliall and may be lawful for the Collector of the faid duties to enter on board ii:ch merchant fliip or veft"el,and her to feizeand diit.rn until the faid duties, and the aforei'aid penalty fliall bs difchargrd atid paid, and it any perfon or perfons fliall a/fault or obftruci the faid Collect. t in the execution of his oflice as atorcfaid, fuch perfon or pcrions fo offending, fliall forfeit and pay for each and every offence the fum of twenty pound*, which fines andpcnaltie'; fliall and may be recovered, b)' bill, pbaint cr in fonnarion. in any of His Majcfly's Courts of Record in this Province, two third parts whereof, fhall be paid to the perfon or perfons profecuting for thcfane, and the remainder into theTreafury.for theufc of> Ills Mujcfly. U. And be i: further enancd^'i:\\M f r the move ciTjeluul fecurity of thecoUeftion, and jufl: ac- count of the duties in-pofed by the Acl of which this is in amendment, it fl>all not be lawful for the Naval Oflicer, w his deputy, to clear out any vefl'cl at tiic naval office, until he receives a certificate from the CoUeiflor (4 the lii^ht duties, that fuch duties arepaiil, and the Naval Of- ficer is hereby required tc keep Hits of fuch veifcls, with their tonnai^c, and the names of their matters ui;d owners, and to tranfmlt to the Tre-Afurer of the Province, quarterly, copies of fuch lilh ; and for tlie talcing fucK lifls, and n^akirg fueh copies, the faid Naval Oflicer fliall he entitled to receive from tlic mafter of every vefiel, of fifty tcnis and upwards, the fum of one fliilling, and for every velfel under fifty tons, the fum oifix pence, and no more. Preamble. Ligln duties to bo paid on vel- ftls 'an iva). ini- 01 reluJiiig to pay duties to tor— leit 5I. Perfons niTr Itipg or oblhuiting C()ilcv5lor 10 rif Natal Offictr not to clear out p.ny vcflll vntri- duties are p^id. Naval OtTiccr to keep MK of Ttf- kL cli.4n.d out. C.\P,' 35^ C. IV-V, KorAi'tsrefpec'l. irg loldiurs, fcti cup. $• ut this iV(1ion,4o!.h Got), .^d.cip. i8, 4i(l (ico. \ii. ca)). 4, 4.1 1. Gcu. jd. i:,ip. 4. I'rt.iniljJe. ,HillrtinR of Offi- .ecu .inii i>i>Uicis All a luarcL. ♦onaltv for fuch as rel ufe to billet tlicm. Annotricefimo qulnto Geoxcm III. •795 CAP. IT. An ACT for quartering and tillcting His Majcfty^s Forces, when marching from one Dillrid to another, within the Province. WHEREAS 1/ h e>:pcJicnt that His Majejly*sfi(rcesy when mar J/Mgfr$m one. di/iri{l or county to another, J})9uld be provided with quarters : I. die it aiailed,by the Lieutenant Governor, Council and AffemblyyThiX it (he parclufe of Sol- dieis' NcfclTariis Recovery tndap- filic ition of ps- Ciiucs. CAP. V. An ACT to prevent the harbouring Dcferters from His Majefty's Army, and the Sale of Arms, Accoutrements and Clothing, be- longing to His Majcfty. BE // enaSlsd, by the Lieutenant-Governor, Council and Affembly, That if any perfon fliall har- bour, conceal or adift, any defcrter from His Majefty's fervice, knowing him to be fuch, the perfon fo often d ing fhaU forfeit for every fuch offence the fum of five pounds; or if any perfon fhall knowingly detain, buy or exchangc.or otherwifc receive any aitns, clothes, caps, or other furniture belonging to the King, from any fuldici or defcrier, or any other perfon, upon any account or pretence whatfoevcr ; or any hats, fliops, fliirts or fteckings, or other articles generally deemed regimental ncceffarics, according to the cuftom of the army, provi- ded tor futh foldier or defertcr, by his captain, or other oliicer commanding the company to wbith he belongs, and paid for by dcducflions out of his pay, without leave in writing, from fucK captain or officer, or caufe the colour of fuch dothcs to Ix" changed, the perfon fo offend- ing fhaJl forfeit for every fuch offence the fum of five pounds ; and, upon conviiflion by the or.ih of one or more credible witncfs or witnefTcs before any two of His Majefty's Juftices oi the Peace, tlie faid refpeclive penalties of five pounds, and five pounds, Ihall be levied by warrant under the hands (if the juftices of tiie Peace, by diflrefs and falc of the goods and cliattels of the offender : one moicly cf the laid firlt mentioned penalty of live pounds, to be paid to the informer by wl'^fe means fuch defertcr fliall bt apprehended : and one moiety of the faid laft mentioned penalty of five pounds to be paid to the informer, and the refiduc of ilie faid refpedivc pcnajtics to bp paid to the ofliccr to whom any fuch defcrter or foldier did 795 • courtly '795 Aitno triceiimo quinto Georgii III. c. vr. S5^ did belong. And in cafe any fuch offender who fhall be convi^ed as aforcfaid, or aflifting any Aich deferter cr defefters, of harbouring, or having knowingly received any arms, clothci, caps, or other furnlturc,bclcnging to the King'; or any hats, fhoca, ihirts, (lockings or other re- gimental neceffaries provided and paid for asaforcfaid, without leave in writing. as aforefaid ; or having caufed the colour of fuch clothes to be chanf^cd, contrary to the intent of this Act, fliall not have fuflicient gonds and chattels, whereon diftreikniay be made, to the value of the penal- ties recovered againft him for fuch offence, or (hall not pay fuch penaltieswithin four days after fuch convi^ion, then, and in fuch cafe, fuch Jufticca may, by warrant under their hands andfeals, commit fuch' offcndc." to the common jail, there to remain without bail or mainprizo for the fpace of three months', or cufe fuch offender to be publickly whipped at the difcretion of fuch Juftices. P rovid/d al-MJys^, Thit nocommiffiou oflicer fliall break open any houfc to fcarch for dcfertcrs without a warrant from a jufticc of the Peace, obtained upon oath made of a dcfertion^ fronT the regiment to which he belongs, and that there is i^oafon to be- lieve that fuch deferter or defcrtcrs be concealed in the dwelling or out-hoafe in which it is propofed to fearch forhi.u o.- rhem, and into- whicii hcthefaid officer, has been refufed admit- tance. And thatcvery coramiffion officer, who fhall without warrant from one or more of abk to a ptraJiy His Majcfty's Juftices of the Peace, (which faid warrant the faid Juftice or Juftices arc hereby ompowercdtogrant)forcibly enter into, or break open the dwelling-houfe, or out-houfe, of any perfon whatfocver, under pretence of fearching for defcrtcrs, fliall, upon due proof thereof, forfeit the fum of twenty pounds*- CommliTioncJof- ficcii eiitetinj; houfts to fear. H for d'v.ferters, i:- GAP. VI; An ACT to amend', and reduce into one A<51, the feveral Laws now in being, relating to a Militia in this Province. For All!, in a- mendmcnt fcfihis M, fee j(;. of a mulkcl, gan, or fuzil, not Icfs than three feet long in the barrel, two fpare flints, ?,nd twelve charges of powder and b.iU, fuitable to tlieir ret'pcctive fire arms and to the fatisfadi- tOn of the commiflioned officers of the company, to which he belongs ; with all which he ihall appear on every dayofexercifc or training, and other occafions of duty, whereon he may be ordered, under the penalty of forfeiting and payingfdr the want of a muflcet, gun, or fuzil, a line of three fliillings, and the fum of lix pence, fur each and every other appurtenance, with •which he fliall be unprovided : The fine to be paid by the parents for their fons under age, and under their command, and by nrafters or heads of famihes for their domeftics or fervants, other than fervants on wages,; and until fuch arms can be fo provided, aH fuch militia foldiers Ihall appear with the beft arms they have or ufefor exercifi:, f twenty {niunds, and five pounds, fliall and "-ay be recovered in any of His M.ijefly's Courts of Record in this Province, by bill, pla* >t rr iiifo-j-tnation: the one half thereof, fhallgoto the perfon profecuting, and the the other h.I. -'/be appii- ' as herein after directed ; and every perion enrolled as aforcfaid, who fliall refufe or niigled to appear agreeable to the provlfions of this Ac't, when calletl upon, or ■'ppca-infj uji'i •!• ru;: s, fli ,'! vefui'e or netv'ect to perform fuch military duty, as fliall be re- quired li' liii;i, Of ihal' jn the f!iy c; in;.?!.:;- or training depart from fuch company witlunit; leave from'';:: un;r,v.i.ioi;;" oiIiecr,fiii!l forfeit and jviy, for each and every offence, a fmn notlefsth. live, tin: ccueding ten tlii!;'i ;g^, unlefs fuch perfon flidl have rcafonable cxculb •Captains neglc't- .ing to dilcipline their comp:\nies ,tO pay 5I. ytTro-^S Pnrol!;.'tl, rctuling I.I) per- •i'orni niilii^rvJu- ifcos, t irtrit. f.'n for non-at tend then preflii.t 1)1. ^ 'iuJ^'d by a ir.ajc>i!:y of the cummiflloned oilict r- of the couipany, '795 Anno tricefimo quinto Georgii 111. C. VL 353 cd 1 1 om training V. And be it further criacled^ Thp.t no eftablilhed or licenced clergyman fliii!', he ILible to any of the provifions of this Ack ; and that the perfons hereafter named Qiall be exempted from nil trainings, except fuch as fliall receive commiHlons in the militia, viz. The Members of His Miv- jefly's Council , the Members of the AiTenibly for the time being; the Chief Juftice, and Jud- ges of Courts ; the Attorney and Solicitor General; Jufticcs of the Peace ; high Sheriff; Co- roners ; all persons who have held commiflions, civil or military, under His Majelly ; the Se- cretary ; Surveyor Generil and Treafurer of the Province; Officers offlis Majefty's Cuftoms; the Naval Officer and his Deputies j Phyfidans, Surgeons, and At-tOTnies at Law ; conftant I errymen, (being licenced as fuch) one Miller to each grift mill ; and all perfons between tlic ages of fifty and iixty years, and perfons commonly called Quakers, and duly certified as fuch by their fociety. Provided a/iuays. That all perfons fo exempted from training, fliall be, at r I times, furniChed with arms and ammunition in manner prefcribed by this Act, and under tht like penalties for negleft tTiereof ; and fliall be liable to, and attend, all other duties directed by this Aft for perfons enrolled in the militia, by themfelves, or fuflicient fubftitulcs, excepting on- ly the following perfons, viz. The Members of His Majefty's Council ; the Judges of the Su- preme Court ; the Secretary of the Province ; and perfons commonly called Ouakers, and du- ly certified as fuch by their fociety, ftiall not be liable to the duties ot watching afid warding. VI. And be it further C7w8cd, Thatif any non conimilfioned officer, or private, of any compa- ny of militia, fliall be guilty of drunkcnnc<^, comcmptuous behaviour, difobediencc of orders, or {hall othcrvvifc mifbehave himfelf at any muitcr or training, in fuch caic it fhall and may be miibtiuviuur. lawful for the dflicers commanding tlic company to caufe fuch pcfon fo offending to be imme- diately apprehended and committed to the county goi;l, for a time not exceeding three days, nor lei's than twelve hours : there to remain without bail or mainprise ; and the ciptain, or officer commanding fuchcompany, fhall, with 'the pcrfon \o be conimittcd, lend to ihc ShcrifF of the county, or his goaler, a warrant under his hand and feal, for theTeceiviwg and keeping the faid offender, in the words follow ing, tiiat is to fay : To A. B. SherifTof the County of or to his Coaler. You are hereby required to receive C. D. of my company, w;.o was guilty of on the day of in the year of our Lord 17 at a muflcr (or traiisiii.r;) and him cloi'ely confine in your goal for the fpacc of hours, from the time of Iii-; l; ig delivered into your cuftody, and, at the expiration whereof, you are to releafe the fiiid ( I), on his paying your fees, and this to you, or cither of you, fliall be your fuflicient warra . And on rcfufal or ncglecl; of the faid SherifT, or Coaler, to receive fucli pcrfon fo committed Into his cuftody, he fliall forfeit and pay the fum of five pounds fcr e.i ' and every olfcncc ; and the ferjcant or corporal, who flull be ordered by the officer coninri :ig the laid com[i,uu to cfcort the faid oflendcr to goal, fhall, in cafe of neglecl or rcfufal, roduccd to the ra iks, PtininiirfTi! o?" p^-ribns guilty of urunkcnrd's or and fhall firr each and every fuch offence forfeit and pay the funi oi fhi!lii;gs ; and each and every private, who Hiall be ordered by the commanding ofllccr as atorcfaid, for the purpofe of efcorting the faid ofionder as aforef.iid, who fliall ncgkclor refufc tc; do the fame, fhall forfeit and pay the fu'.ti of ten fliiliings. VII. And belt further enabled, Th;it there fliall be an adjutant appoIntnJ to each reglnicut-, or battalion, in the Pru\incc, whofc duty it fliall be to attend at the place of alTjinbling cacli company, regiment, and dctachtrwjnt of the regiment, wlicn called out as aforefaid, then and there, under the direclion of the olficer comnianding, to infpect llieii- .iiis, an.-.-mnition ai;d accoutrements, to fupcrlntcnd their Cxercife and manixuvrcs, and introduce a proper fyfieni ot military difcipline, agreeable to fuch orders as he fliall receive tru'n liiae to tiiue from the W a colunel ,» nr.c!:-it'"c-.'. n; Ailjut.i'iltort... h uf-.iinciit, ar..ih:i da V. i.iM m f ,.?54 C. VI. Amio tricefimo quinto Georgii III. »795 colonel, ora'mmanding'ofiker, of the regiment, and to do and perform f'uch other duties and' Icrvices, fuitablc for an adjutant, as the colonel, or comminding o/Iicer of the regiment, (hall from time to time order and direct ; and that every fuch adjutant Ih.ill be allowed, as a full AJj-tint, w'hil.- GC)mpenfati{)n for all the fervices he is required to perform by this Act, the fnm of five fliillings- wjiyioycil. by the day, for everyday he Ihall be acVually employed in the exercifing an J manceuver- ing as aforef.iid, to be paid out of the Provincial Treafury, by warrant from the Governor, Lieutenant-Governor, or Commander in Chief for the time being, on the certificate of the field oilicer, and a majority of the captains of the regiment or battalion, that fuch adjutant ij duly qualified, and has faithfully performed ths fervices prefcribcd by this Act. Provided al- tvavs. That no one adjutant be alluwcil more tliim fifteen pounds in any one year. Vlll. And be it further cnacled,'i\i-iX. the capliun, or ofliccr commanding each company, fhall, ;v^'J.v'^ "'!"[."! ,')! '"^'''^t '■' hereby fully inipowcred to, nominate and appoint preper pcrfons to fcr ve as ferjcants, x'i, wilu.iAi. corporals, and clerks, in the- rcfpectlvc company, which fuch captain or cfficer cm maiids and to difplace them, and appoint otiiors m their room, as he fhall fee occafion ; and if any pcrfon ."> appointed, fliall rcfufc to accept fuch. appointment, he fiuUl forfeit and pay a fine of forty liii. lings, and another (liall be appointed in his room, who, in cafe of refufal,. Ihall be liable to the lan>^ fine, and fo on, until one do accept. T^i-.k to take tlje I^' And be it further emclcd. That all clerks of companies, before they enter on the execution folUjwlxisy..;h. of their dujty^ fliall take the following oatii, viz. I do fwear truly toperform the oiTice of clerk of the militia, company under the command cf A. B. to the utmoft of my fkill and power in all things appertaining to my office, according, to law. So help me God. And the duties of clerks of companies fliall be to keep reglfters of their rcfpcclive companies,, to notify fuch non commillioned oflicer or ofll cers, as fliall be appointed by the oflicers com- in.iiuiii;!^ companies, to v/arn the men for training, and all other duties prefcribed by this Aft, to take lifis of fuch companies as often as required by the officers commanding them, to at- tend comiuiffioned ollicers making infpection of arms, to actend all muliers, and to profecute for all ofl'cnccs, and I'uc for all penalties incurrjed by this Acl, when fo ordered by the officers ccnunanding fuch company or regiment, and fuch clerk, fhall be allowed and paid one fourth part of all finL-s and forfeitures he fhall recover by virtue of this Act, as a- reward for his troa- lilc, in doing the duties enjoined thereby. X. And be il f.rihcr ennficdy. That when any perfon fliall be enrolled as di'ummer or fifer in any company, he fhall remain in fuch company, notwithftanding he may not refide in the dif- trict which compofes the fame. Providtd, That no drummer or fifer fliall be obliged to ferve in xnj company, but in the town where he refidcs, unlefs ordered on a march. XI. And be it fiiriher emcleJ, 'Ihit twice in every year, viz. on or before the laftdayof M.irch and November, the coloncL, or other officcre commanding regiments or battalions,. aixl the officers comnianding independent compan-cs, flull make out and tranfiiut to the Ad- ju .i::t-Gencra!, at the Secretary's ofiice in Halifax, for the information of the Governor, Tit aior.aiit-Covernor, 01* Commander in Chief, returns-of the flrength of their regiments, iuttalions or compajiies, and alfo returns of arms ; and' all captains, or ofilccrs commanding rc;nmcntcd compaui;:^, are-hcreby required lo make out and tranfmit to the oflicers command- in;T tiie rrpuient or bavialion to, 'Rhi(h fuch companies belong, twice in every year, viz. on. or before tlic fiftcentli day of March and November, annually, and as often further as requir- ed by tiie convnar.dlii^^ officer of the icjjiment, returns of the flrength of their refpective com- p.uiioswiih fair r '11> il)ereof,and alfd returns of arms: all formsofreturnsprefcribcd bytheAd- jut.mt-Gcncr.il tj Lc anil'onnly adopted ; and aiiy officer guihy of wilfully making any falfe returns r>nti 5 (o be per. A'.TVl 1 n.'i- nx'-s .-.J vnt ci ti ^79$ cr duties and' gJment, fhall ved, as a full five fliillings. manoeuver- Governor, licate of the h adjutant is Provided aU npany, fhall, r as Icrjcants, r cm mauds and if anr )ay a fine of hall be liable le executioa e commaxiil ;e, according. : companies,. liliccrs com - by this Aft, them, to at- :o profeciiie the officers 1 one fourth or his troa- T or fifcr in e in the dif- ;cd to ferve laft day of biittalions, to the Ad- Governor, regiments, mmanding command- r, viz. on as rcquir- :ciive com- bythcAd- f any fallb returns "^m Anno trlcoHmo quinto GiioRou HI. C. VI. .?5^• returns, fliall be caQiiered by the fentcncc of a gcncr;il couit-marliiil, -to be ;ip;x)intcd as Is hoic inaftcr dire£led, and fliall moreover be liable to a line not exceeding tucnty poun iv XII. Aud kt H further enaclcdt That the colonel, or otliccr tommauJii;;; any regiment cr battalion, ihall, twice in every year (bciidesth<; ufiial limes of training,) oiJcr an inlpcciion i^f the arms, accoutrements and ammunition, of the iivcr.il companies under his command, to be made at one and the fame time, by one fu baiter n from each company, attended by tlic clerk thereof, and by calling on cachand every man of the f.iid company, at the ulual plaec of his or their abode ; which fubaltcrn, AkiU make an exacl return of fuc'- uins, accouircnicnts and ammunition, defcribing the flate and condition thereof ; and every pcr.iin required by law to be provided with arms, accoutrements and ammunition, wlio Ihall, at fach infpc<'tion, havefuch aims in unfcrviceabic con<-nion, or fliall bcdjfUifiit in ary of tlie nnpurt('i;anc;;« prefcribed by ibis AcT:, fliall forfeit A„d pay for each deficiency, tlielike funi as if I'uch deii- ciency had hapjiened at a mufler or training. XIII. And be it further enaflnl, That if any perfon fiiall wilfully interrupt any comp;:ny or detaclimcnt uf militia at exercii'e, rr en ai.y duty prcfcriltd by tliis Aifl, it fl.jil and ma) be hwful for the officer commandir.g ilich con pany or detach n:ci.t, to confirv fac'i perfon durinjT the time of fuch excrcilc or duty, (if r.ecellary,) to prevent the contijiuai ccof fuch inluk or wilful interruption ; and thcpcrion fo offending fliall forfeit and pay the fuiv. of ten fhil'.ings, for each and every oflcncc. XIV. And be it further cnoiled, Tliat wJicn any perfon enrolled in ihe militia, fliall make it appear to tJie colonel, or officer commanding the battaJior, ar.d captain, or officer commanding thecompajiy to which fuch perfon may belong, that by rcafon of fickm'ifs, accidental or na- tural infirmity, he is unable to perform the military duties required by this Acl j that it fliall and may be lawful for fuch colonel, and captain, or officers, t gi', c fuch perfon a certificate tl'.creof, which certificate fhall exeinpt fuch jXTfim from fuch du^.^•^, •:.:-ing the cot.tinuance of Ills difability, andiji cafe luch colonel, and captain, or officers commanding fcch battalion and ^crjmpany, fhall judge it necefliiry to have the opinion offomcablc furgeonorphyfician,as totlie difability of the perfon claiming an exemption from military ferviceas aforefaid ; that it fliall and may be kiwful for fueh colonel, captain or ofliccr, to apply to any able phyf;c;.-n or furgcon, refiding within the county or diflrict to which fuch battalion belongs, for his opinion, on the complaint and difability of the pcrlbn claiming excmj lion as aforefaid : which opinion the fiid pliyfician orfurgeon is hereby required to give fortluvitJi, without fee or reward, under pe- nalty of forfeiting, for every offence, the fum of forty fliillings. XV'. And be it further e/iadLd, That the colonel, or officer commanding anj- regiment or bat- talion, fliall, once in every year, within the firft fourteen days of the moiuh of March, and as often further as, with the advice of throe ciptains of his regiment, lie fliall judge lit, require the captains, and oflicers commanding companies, to meet at fuch time and place, as he fliall ap- point, and there, with them, confer and lake order for the better regulation of ihtir compa- nies, for eftablifhingand altering the limits of diilrlcts, and prcfcribing the number of men in catli company ; appropriating fuch fines as by this Acl are to be applied to the fervice of tlie regiment ; and to make fuch rules and regulations as to them, or tlic major part of them, may fcem meet, for the promoiion of fubordi nation and military difcipUnc in the regiment or b.iUalion to which they belong, and all officers fli.iU yield obedience to tlic warrants or com- mands of their U'.perior officers, and fliall obfcrve fuch regulation!-,, being in writing, as may be made at the meetings herein prefcribed, under penalty not exceeding ff\e pouiuLs, to be adjudged at the next meeting as aforefaid. Provided akcmys. That no officer fliall be bour.d by any regulation, regarding his drcfii or appointments, unlcis two thirds of all the conuiiiffioncd officers of the regiment or battalion flia'l have concurred thereto. And pm-uLd ^^//v, Tiiat an account of all lines, with their appio^)ri.iiioxis, as aibrcfaid, iliidl, from tiu:c to tiuie, be rendered to P-';!'",- for f: v.l, 10 ii->.ri'iint Mi- l.r . ^7h^n ;i. i.X' rc.ir'-inotlit;...:i,r3. Surp-joii oli!ip'?4 to g .(.■ his ii|)ini- li:) v't iL'ch coin- pl.iiiU- Oniccf; com- ii'.i'i-iin^ Ci';it|ia- nitb tfi coriti-r liir t,)v; bM:r regula- tion of'tlieirckjiu [Xiiiics. Di^fsofihc Cm- cc:b. Accuiuit of tlie .95^ C. VI. Anno tricefimo quinto. Georgii ITT. '79fr tothc Secretary's ofllcc, by the colonels, or other ofllcera comitiandihg regiments or battalions, ami by the oflkcrs coininanding' independent companies, and fubjeCt to tlie like penalty for defaults ; and that no rule or regulation, made at any of.theaforefaid meetings (excepting on- ly fuch as may relate to the eftabliflung the limits of diftrids, and numbers of men in each, company, or to the appropriation of fines) or any warrant or command thereupon, {li;dl be of any force or validity, till the fame fliallhave been tranfmittcd to the Governor j^. or Cora- Uiaiidcr in Chief, and (hall have received his approbation. u >- It i.i;:, tn ilii d.itv (M'in;; of the Miliiia imo udu- !ti fvrvice.. (T>!Tii:^.in tU. r;',tv o" ?>liiltia ul>cn'::iilo4 into fi.Tvii,t; tj be If jind whereat there arefundrj mi/ilia effUen holJtvg comm'tffioni, who, by removing from one di/lrid to another f er, from ether clrciuujiances^ arc n:4 attached to any particular regiment or corH" pany : XVI. Be it etiafted; That fuch officers fliaH not be obliged to do duty in any fituation under t!ic rank to which their coinniifiions entitle them, but fhall n^verthelefs hold thcmfelvcs in rcadinefs .o join companies, or to do duty according to their ravk,when ordered by the olli- ccrs commanding in the counties where they rcfidc, and in cafe of ncglcft or refiifal, Ihall be ccnfidercd as having refigned their commiflions. Provided always, That nothing contained in this claufe, fhall extend, or be conftrued to extend, to any perfon who,. having received a commiflion in the militia,.{hall have refigned the fame. XVII. And be it further ena^cd. That the Governor, or Commandrr in Chief, fhall be, and he is hereby authorized and impovvcrcd in cafe of any invafion or fi'ddcn attack made, or threatened, by his Majefty's enemies, to call out the militia of the leveri.'l counties, or any part ti-Tcof, into real fervicc, as he, in his difcretion, fluUl think fit ; and thai the militia, or any part' thereof, fo called into real fervice by virtue of the • provifions in this Act, Ihall and may be ordcki... ■> n.arch from one county or part nf the Province to another, on any neceflary fervicc, occafioned by any fuch invafion, or fuddcn attack made, or threatened. XVIII. And b: it further cna^cd^ That in cafe of any invafion, or fuddcn attack, made, or threatened to be made, as aforefaid, in any county where the Commander in Chief cannot be innnediately confulted, x\\f commanding, oHlccr of the militia in fuch county fhall have power,, if he in his difcretion fhnU t iink it abfolutcly necefiary, to call out the militia of.fuch county,, or any part thereof, into ital fervice ; and in cafe of any fuch invafion, or fuddcn attack being: made, or threatened to be made, in any town,pari(hordiftricl,inany county where the colonel! or ccmmarding officer of the mi-Utiaof fuch county cannot be immediately confulted, the officer coiiinianding the mihtia in fuch town, parifii or dlftrict, fliall have power, if he in his dis- cretion fiiall think it abfolutely neceflary or expedient to call out the militia under his com- mand, or any. part thereof, ii. to real fervice, and fuch officer laft mentioned, fliall forthwith report his procccdiiioj, and thereafons and grounds thereof, to the colonel, or commanding oilker of the militia of the county, who is hereby impowcred and required, in cafe lie fliall. call out, or continue in real fervices, any part of the militia under his command, forthwith to difpatch, if neceflary, as exprefsto the Governor, or Commander in Chief for the time being, notifying the danger, and the ftrength and motions of the enemy ; and the faid colonel, or commanding ofiiccr, i.s hereby impowcred to imprefs men and horfcs, boats, carts or waggons, as tlie fervicc may require ; and all expreflcs fo ordered, and the men fo impreflcd, or owners of fach horfcs, fliall be allowed a reafonable compenfation for fuch fervice, to be paid out of the Provincial Treafury, by warrant from the Governor, Lieutenant-Governor, or Commander in Chief for tlie timt- being, with the advice of fiis Majefty's Council, and oa certificate of fuch colonel, or commanding officer, and two captains of the militia of fucJi county, that fuch expcnfcs have been juflly incurred. XIX. And be it further cnailcd. That when, in confequencc of tlic order of the Commander in Ciiicfj.or in the cafes herein before n:entioncJ of the cyloncl or officer commanding tlic aiiliti^ ^T9S Anno tricefimo quinto G«oxcit IIL C. VI. SS7 militia of any county, fhall be called into real fervice in the county to v^hich they belong, all duties to be performed, except tn cafes of great emergency, (hall be regulated by rofters, to be kept of the militia fit for duty,- fo that fuch fervice may be equitably diftributed ; and every officer, or pcrfon enroUcdln the militia, fo called into aflual fervice, is hereby bound and required to yield obedience to all lawful commands of his fuperior officers for mounting guards, ercfting works, and other military fervices ; for repelling, refifling, or guarding againfl the attacks of the enemy, under penalty of incurring the forfcilures appointed by this Act, for difobedience of orders. XX. yind be it further tna6lcd^ That if any ofiiccr, or non-commiflioncd officer or foldlcr of the militia, under arms^ on real fervice, on a rtiarch, or on guard, or that fhall be ordered for anyof the above mentioned duties, (hall difobey orders, or neglcft doing Ins duty, or ftiall fliew any contemptuous behaviour towards his fuperior officers: if an officer, he (hall, on cou- viftion thereof before a general court itartial, to be conflituted and appointed as herein after is dircded, be cafliieredby thefentence of fuch court martial ; if a non-commiflioned of- ficer, or foldier, he fhall be confined by the commanding' officer of fuch party or guard ; and it fhall be lawful for the commanding officer of the regiment, or any party or detachment rot under the degree of a captain, to i)rder a regimental court martial to be forthwith held for the trial of fuch offender, the faid court martial to confifl of one captain, and two fubajterns ?t Icalt, but when they can be had, of one captain, and four fubalterns ; who may give judg- ment by laying a fine on fuch offender, in any fum not exceeding forty fhillingSj which fine, fo ordered by the court-martial, if he neglect or refufe to pay, the faid offender fhall be com- mitted to the county goal, for any time not exceeding ten days. Provided neverlhclefs. That no fcntence of a. regimental court martial flvill be put into execution until approved by tlie commanding officer of the regiment, or of the detachment where the crime may have been committed ; and' no officer being, the accufer fliall fit as a member. XXI. And be it further cnaded. That if any officer, non-com miffioned officer or foldier, of the militia, fliall, in the field, upon a march^ or in quarters on actual fervice, begin, excite or join in, any mutiny, or knowing of fuch mutiny begun or intended, fhall not give information thereof to his commanding, or other fuperior officer, orfliall not, when thereunto ordered, ufc his utmoft endeavours, to fupprefs fuch mutiny, or (hall defert the troop, company or command, to which he belongs, or fhall difobey orders, if a commiffioned officer, he fliall be put under arrcfl by any fuperior officer, if a non-c(»mniifiIbned officer or foldier, he fhall be committed to the next county or other goal as foon as convenient, by warrant under the hand andfeal of the officer commanding the regiment, company or detachment, to which fuch pcrfon, fo offcndingj fliall belong , and it fliall and maybe lawful for the Governor, Lieute- nant-Governor, or Coninuindcr in Chief of the Province for the time being, to order a gcneivl court martial, by warrant under his hand-and feal, for the trial of fuch oftljiidcr,. as fpecuily as- the fervice will admit, which court martial (hall not conhll of a lefs number than thirteen commiffioned officers of the militia, and the prefidcnt of fucli court martial fliall not be under the rank of a field officer, and there fiiall be as many captains as conveniently can be had, the cldeft fubalterns to make up the number, and that fuch court martial (hall have power to ad- miniftcr an oath to any wilncfs, in order to the examii:aiion or trial of the above otionces, that (hall come before them. XXII. And be it further enti8ed,'n\:i\. fucli general court martial fliall have power to punlfli with death, or otherwife, by fine, or imprif'onnienr, in proportion to the tnorniity of the of- fence, tJie fine not exceedingone hundred pounds, or imprifonnient not more tii.in twelve months. Provided alwayi. That the power of punifliing with death fhailbe limited to the of- fences of mutiny and defcrtion only. And pi o-iiJiulalu-ays,'Y\i-i^ in -.xWinwh by general court martial every officer, before any proceedings be had, fhall take the following lutli, and the J;udgc Advocate is hereby authorized to adminiuer the iVme, \\£., I.- giilatedbyroBers except in cafes of great emergency. Men enrolled to oliey fuptrioi of* ficer. Puninimenf of perfons dHobey- iiig the orders of ofihcirfuperiort. rnrmins Caurl' M.ir'.-al tor tiiiiK of Miitinv, Def- crtion and ilifo' Ivjdicnctf ot or- dcr> r-wc- nf C ■u; t M,if .. ; in i iJt:S 01 M .tinv ^d l^cfc • 0!l, i,B d;o pi.. ml! 1 :ht;i 0.- tt.liCJ£. hm .S5« »795 Atino tricefimo quinto Gt'OROit IH. C. VI. ,iS <>!ith to !".• tttkcn bv NUiulici 3 of il.i Cw.n. tin fifiite ce c! i1'..i'.li *C) hi- (.'.iv- ct> iinlcr) f.vcho concur. a JuAj^i; Atii'J' t.ite. Oi'tlii') lii; l,il''n Ky Juilgc AUvo- Cf alric bodied Toluntcers. Mode of bitiiot- I A. n. Do fwear, that I will duly aduiisiUter juftice, accordinir-tn the laws of ihi-j Province BOW in force for the better regulating t!ve jiiiiitia, without jwrtiaHty, favour *)raircc1ion ; and I further fwcar, that 1 will not xiivulgoihc liijitencc of this court until it Ihall be approved by liis Majelly, or fonie perfon duly authoritcd by him ; neither will J, upon any account what- <':cver, dilclofc cffdifcovcr the vote or opinion of any particular member of tlu: court-martiul, unlcfs required to give evidence thereof, as a witnel3, by a Court of jutticc, in a due courfc of liw. .So help me God. And no icntercc of death fliall be g'vcn againfl any offender^ by iuch general court martial, unldis twelve oflkcrs prcfent fluU concur tliercin ; and the Governor, Lieutenant- Gi>\'ernor or Conimandei iu C;hief, Ihall lave power to appoint any one of His Majcfty's Juftices of the Teace for faid Province, or otlicr fit pciUui, to ait as Judge Advocate at any fuch general court majtiah Jnd provuUd al-u^iYs/i'lrAt the Judge Advocate, previous to any proceedings had on tJie trial of any prill,, er, take the following oath, to be aduiinillcr- cil by the prefidcnt of the court martial to wit : I A. B. do fwear, that I will not upon any account, at any time whatfoevcr, difclofe or dif- cover the vote or opinion of any particular member of tlie vourt martial, unld's required to give evidence t^iereof, as a witncfs by a Courtof Jufliceinaduecourlc of law. So help me God. And that no fcntence of fuch general court martial Ihall be put in execution before the fame be approved by the Cioverno •.. Lieutenant-Governor, or Commander in Chief for the time being. XXIIL And k iffurlkr auukd, 'I'hat vlicnever the Governor, or the Commandtrin Ciiicf for the time being, Ihall, in conl'cquenceof any invafum or attack made, or threatened as afore- faid, think it expcdicjiit to order a projwrtion of the militia of any county, to march out of A'.ch county on real iervice, that all volunteers, who offer themfelves for fuch fervicc, (being ;ible of bt)dy in the opinion of the field ojllcersof the regiment, to which fuch volunteer or vo- lunteers belong,) fliall be accepted therefor, and being fo accepted, fliall be fubject to all the provilions of thii> Act, as though they Jiad been draughted by ballot, the remain- der of the proportion of faid county to be ballotted for as herein after direc1:cd ; and every perfon fo accepted as a volunteer from any independent coinpany, or regimented com- pojiy, <)f the n>ilitia, fliall have the privilege of exempting from balloting, for that efpetial fer- vice, {o many men beU«iging to the fame, or any otlwr con^pany or conipanics of tJic militia of faid county, as fliall amount to his proportion of the number ordered from fuch county ; and fuch men fliall bc<:xempted from balloting for that fpecial ibryice as aforcfaid, in the companies to which they rcfpeclivcly belong,on producing a certificate from any oiliccr ordered forfervice out of the iaid county asaforcfaid, that fuch voluntcershave been acccptedtofcrvcfor fuch men. XXIV. Ana be U further enn&ed. That all ballots fliall be in exad proportion to the number of men lit for duty in each company, who have not been already tlraughted for fcrvice, or w]io be not exempt by certificate, as herein before directed, from baUoting for thatefpecial fervicc; and where any emergency fliall render it impra(flicablc to alTcmble any company for the pur- pofe of balloting^ fuch balloting fliall be made by the omcer con.n landing fuch company, in prefenceof one of His Majefi:y's Juftices of tlic Peace, and two other credit 'le pcrfons not be- longing to the faid company, wlio fliall be upon oatJi : and each and every pcriun fo draugiited fliall go in his own proper perfon, or find a ruliiclcnt fubftitute, to be approved of by the of- ficer commanding the detachment, or field officer of the rcginicnt in hi^ room 4 and in cafe of neglect or dit(»l)edience herein, he fl)aU be confined by the commanding ofliccr, a;:d fliall pay a fire of ten pounds, or retrain in goal three months, and another man fliiiU be draughted as aforcfaid, to march in his place, who fliall have tlie whole of the faid fine, if he fliall net rcfufe or neglect to go, or find a fufijcicnt fubfiitutc in his rooBi as a- fc»rcfiud : but if he fhall alfo neglect, or rcful'c, then he ihall be fubject to the like fine or impri- XojnniCr.t, and a further draught fliall be made of anoUier Aiian, who il;aU have tJic whole of C.VI. Anno tricedmo quinto Georcit IIL »795 359 «f the fine laft mentioned, If lie Ihall not neglect or refufo to go, or finda fufikient lub- ftitute in his room as aforcfatd, amlfo often as fuch cafe flwU happen. Provided always, and it i>''rvitudj oi Uie » hereby dicland, Thatthercftof fuch fines, if more than ono, Ihail accumulate and be reco- t,ilionor icrv- vcrablcto the ufe of the regiment, to which' fuch draughts belong. Provided alfo. That in ""^'' cafe inj part- of themililiain any county ftuU be called not more than once within four years, no pcrfon whivlws been once clrauj^Jucdas aforefaid, and (lull have /crvcd, (hall be again draughted, until all the others belonging to the fame company, who arc not ex'jmptcd by vo- lunteers fcrving for them, fliall Jiave been draughted, and fliall have ferved in their turns alfo. Provided always. That no pcrfon commonly c.iHcd (luakcrt. and duly ccrtilied as fudi by their fcdcty, Ihall be liable to the foregoing fine; but in cilc of fuch t}uaker being Qj^j^prs u-ina draughted as aforefaid, andrcfufing to fcrvc or procure a fubftitute as aforefaid, it flull and (i.iitca sn.trcta. may be lawful, for the captain or olllcer commanding the company, to wliich fuch quakcr iMytJtu I'uUii'* belongs, to procure and hire a fubllitutc tor fuch (luaker, and fuch quaker fliall he liable to "'*•* pay the expence of fuch hiring, to be rcci>vcreti LcfofL any two of His Majcfty's Jufticcs of the I'cace ; and provided the fame Oiall not exceed the fuin of ten pounds^ Whereas the people called quiikors are exempted from tvcetin^ivitb the militia ex thefcvcral da^.s cf framing by ibis Afd / and whereas it is but jtijl aiul right th;ifc people Jhoutd contribute to the public fer- vice ofth: country : XXV. /Jf/V //jifr^orf fn<7^i../, That every pcrfijn, under tlic af'rcfiid dcfcription, from the age of twenty one years, to the age of fifty years, ihall, yearly, during the continuance of this Acl:, work for tlu: ipace of four days on the public highways, under the direction of tiie over- fccrs of the highways in the diftrict to which ho belong^., over and alxive the time he in, by any other Act of the Province, bound to work ; or fliall pay the ftm of three (hillings for every (lay he fl .11 neglect foto work, to be recovered before any one of His Majefty's Juilices of the Peace. XXYl, J nd be it furti'er MaA-dy That when .my part of the militia fliall be ord- "dtO' march from one part of the Province iw another, on r. il fcrvice as aforefaid, or fliuU be called out as afovcfiid, to do actual duty, on real fervicc, within any town or county in this Pro- evince, Cothcrwifc than by mcmnting ordinary guards, for the defence of any place in fuel.' town or county) there fluli be allowed and paid to the conrniinioned, and non-commilfioncd, ofllccrs, drummers, fifej-s ind private men, for fo long a time as they fliall remain on fuciv fervice, at and after the fame rates following ; tha^tis to fay, to the comminioned oflicers, at and after the fame rate as oflicers of the like rank in His Majefty's troops ; to every fcrjeant two ftiillings and twopence per d^y ; to every corporal, one fliilling and fix pence per day ^ to every drummer, and to cac'.. fifer, one fliilling and Ux pence per day ; to every private man, one fliilling and three pence per day, together with the like allowance of rations of pro- vificr.s of all kinds, as arc dilli ibutcd. and allowed, to His Ma^'lly's regular forces, and fub- jcct to the like lieductions therefor. XXVII. And belt fiirtljcr cmiil^d. That in any county, cxpofed to the attacks of an enemy by water, it fliall and may be lawful for the General Seflions of the Peace, on profentment of the Orand Jury of fuch county,to aifcfsfudi fura or funis, asr.iay be fo prefenied, for the provid- ing one or more armed boats, for tlic defence of fuch county or townfliip ; fuch boat or boais to beunderthc direftion of theolliccr co4iimanding ths n.ilitia in liich county, until by the f.-ITions, and on prcfcntmcnt of the grand jury afin-efaid, fuch boat or bo.us fliall be judged no longer necefiiu-y ; wlicn they fliall be at thedifpofal of fuch fciHons, on the prefcntment of faid Crr>nd Jury, for the benefit of fuch county. XXVIII. And be it further ennihd. That whenever the colonel, or commanding ofiiccr of tlic HiilitLi in any county, wlierc fuch boats are provided, fliall find it nccefliiry to order tlie boatSj Qsakor wnrk the .3- J'r.nient off M*- liiia, when c.il- /cd out, (e>cctpt. for ordinary Riumls, where ihcy lefitltf.) Manner of fir-- nifhinfl armed Ixiats, ill places cxpolcd to at- tack by WAter,- \\'\vx is re laired of til- iv,;l .:a when orde td o- knicc in boiusi 15 V] vcfl; perl and exp( whi ry «75s proceed in ) be ftation- n the orders ytt That the [e comihand e than three g an inde- opy of His Hon of the .county, or fudden at- ndependcnt 'rovince, or lion of the • n any inva- ce, during far the vfe 'for the fe- rn : be ilTued, [. and the •ovidcd by ia thereof, reby made return, if their re£- icers convi pofeflion seen iflued arms and n of fuch company iy in faid nding the for fuch ommand- for fuch cer corn- having e fame, or hith fuch eyed out led, (ex- :onveyed, y,or Pro- vince ^ r;^ Anno tricenmo quinto Georgii III. €. VI. 361 vince ; or if the mafter of fuch boat, Ihip Qr veflel, fhall wilfully receive into his bo^t, fliip or xvciTel^any fuch arms or accoutrements fo intended to be conveyed out of the Province, every : perfon fo offending (hall, for each and every oSence, forfeit and pay the funi of ten pounds : and all fines, recovered by virt,ue of this claufe, (haU be applied to the purpofe of defraying the expenpes incurred in repairbg fuch arinsrand accoutrements, at^d making good any deficiency, which, from unavoidable accident, may have happened, in fvich arms and accoutrernents ■, the , ovevplus, if i forfeit Fifty Pounds. Billeting of 'Of. fleers and Sol- diers on u vr.ixch through the Pio- Tir.ce. Recovery an.i appiic.it^un oi all Fines. 362 C. VIL Officers com- manding com- panies to read thisAi5l at their head once a year, under penalty. All former A&s, refpeiflina Mili- tia, repeued. Conunuance of tills A^ Anno tricefimo quintOvGEOitGii lit. n9S,^ fur by this Afk Provided^ That no peiibn or perfbns whbtnfoiever fliall be profecuted by vir« - tue of any claufe in this A A, for any brea«h thereof, after the expiration of three months from the commiflion of the oflfence ; and all fines, penalties and forfeitures, arifing by' virtue of this A£b, not otherwife difpp&d of therein, (hall be for the uft of the raiment or independent company re^dUvely, wherein the £ime:dotharife, and payable, and the officer commanding fuch regiment or independent company, that is to fay^for the procuring and 'repairing arms, drums, colours, pay of drummers, and other charge of thk Md regiment or independent com- pany, and the overplus, if any be, to be laid out for arms and ammunitidni for the ufe of fuch regiment or independent company. XXXV. Andbe it further enadedtlYaX. this AA (halTbe'readbnceeveryyear by theoiScers commanding companies, at the head of their refpe£tiv& companies, on' pain of fttch commanding , officer forfeiting for every offence, the fum of five pounds XXXVL^m/ be it further ena^ed,Thzt an AA, made andpafled in thethirty-felcond yearofHis late Majefly's reign, entitled. An A&. for cftabliOung and regulating a militia ; and alfe an A£b, . made and pafled in the thirty-fecond year of His preient Majefty's' reign,- entitled, An Ad for the better regu lilting a militia in time of war : togethh* with all the additions to, and amend- ments of, the fjdd recited A£ts, fliall be, and the fame are hereby, repealed ; and the militia, ralfed by virtue of the faid former Ads,, fliall be fubjed ta all the provifions and regulations herein contained in lien thereof. XXXVII. Andbtit further enailedy That this Aft fliall continue, and be ih^force, to the firft day of July, one thoufand feven hundred and ninety fix, and until tae end of the next Sellloa of the General Aflembly, and no longer. £xpired CAP. VII. An ACT to provide for the Summary Trial of Adions, Heretofore veiled in His Majefty*s Juflices of the Peace, in the Town and < Peninfula of Flalifax. CAP. ccutcdby vir- threc months "g bjT' virtue »r independent r commanding (pairing arms, , :pendent com- hcufcoffuch >y the officers commanding , nd jrearofHis dalfeanAft, . I, An Ad for I and amend- the mUiiia, regulations :, tothe firft next Selfion '17^3 ■,'(i ;retofore own and" Anno triceflmo quinto GboroitIIL CAP. VIII. c. vm. 3^'3 An ACT in amendment of an Aft, made in tlie Thirty-fourth ror aas wfpe*. Geo. 3d, Cap. 14^ year of His prefent Majefty*s reign, entitled, an Aft in addi- fcenowon "9th tion to, and amendment of, an Aft, made in the Thirty third year of His prefent Majefty*s reign, entitled, an Aft for granting to His Majefty certain Duties on Wine, Rum, and . all other diililled Spirituous Liquors, and Brown Sugar, for the purpofe of paying the Intereft, and reducing the Principal, of the public Debt of this Province ; and alfo to revive, and render more efFeftual, an Aft paffed in the fame Thirty-third year of His prefent Majefty's reign, entitled, an Aft for providing for the Support of His Majefty's Government in this Province, by laying an additional Duty on Wine, Rum, and other Articles therein mentioned, and for encouraging the Agriculture, Fiflieries and Commerce, of this Province. CAP. WHEREAS divers provifioru are neceffary to render more effeBual the afore/aid Acls t I. Beit1bereforeena{led,by theLieutenant-Governort Council and AJfembly^ That all rum, and other diftilledfpirituousKquors, which fliall be ftored for the purpofe of fupplying His Majcft}''s army, navy, or careening yard, as directed by the aforefaid Afl^s, or either of them, (hall be exaftly guaged, Without an allowance of five per cent, for leakage, and the quantity contain- ed in each caik, marked by the Guager on the head thereof, for which quantity, and no more, the perfon fupplying the fame to His Majefty's army, navy and r aicening yard, fliall be allowed credit for, or be repaid, the duties by him fecured or paid thereon. II. Be it further enalled^ That the CoUeftors oflmpoftand Excife in their fcveral diftrtcls, and the Infpe^tor and Searcher in thediftrid of Halifax, fliall, once in every three months, or oftener, if they (hall think proper, take an accountof all the articles fubjecT: to duty by virtue of the afordaid Acts, or either of them, which fliall be in the pofleflion of any perfon dealing in the faid articles, within their refpeftive diftrifts, and for that purpofe, Ihall and may, at any time between the rifing and fitting of the fun, on any day, enter into any houfe, fliop, or ftorehoufe, of any perfon or perfons, fo dealing in the faid articles : and if any perfon or perfons fo dealing in articles, liable to duty aforefaid, fliall refufeto open the door of his, her or their, houfe, fliop, or ftorehoufe, or fliall prevent or obftrucl fuch Colleftor or Col- ledors, or Infpeftor and Searcher, from entering in fuch houfe, fliop, or ftorehoufe, for the purpofe aforefaid, fuch perfon or perfons fliall forfeit the fum of one hundred pounds, to be recovered by fuch CoUeftor or CoUcftors, or Infpeflor and Searcher, by bill, p'.aint or in- formation, in any of His Majefty's Courts of Record, within this Province. Whereas by reafon of accidents and delays during the time of war ^ perfons 'diho have .xported, or may hereafter export, articles liable to duties as aforefaid, may not be able to procure the certificates, by law required, to entitle them to have credit for, or to be repaid, the duties by them f cured or paid thereon, within the time limited by law, for producing fuch certificates : And whereas it may often happen thai fuch articles fo exported, or to be exported as aforefaid, may be lo/l, or taken by the King's enemies, be- fore they arrive at the port or place to which they are, orflmll be defiincd ; for remedy thereof : III. Be it enacted. That it fliall and may be lawful for the Comaiiflioncrs of the Revenue for Prc.-i:;;L!e. Rum or Sijiviis, ftored for the ule of tlie Army, Navv, &c. to be cxiu'ily guaged and no allow- r.nci; to be made lor leakage. O/Iiccrs of Ex- cifu to takt ac- count of"di:;i.-.ble articles, in l^ores, Scc.oncr in t!ir;:f months. Penalty for fi:c1j as obftruct thcnu Addiiional tin-e allowed for ub- 3^ C. IX-X. Anno tricefimb quinita G«bitc^r IIIv • »795^ drawback of <7h- lies, on cxpTHcJ articles. Drawback of do* ties on articles lolt, or captured in exportation, how vbtaioed. Appointmert o» llcftors, &c. out-ports, and ditlridls; and their duty and autliority. Duration oftlie Aft for the time being, !n cafes where they ihsll deem it juft and hjceflaiy/ to 'allow any perfon or perfons, who have exported, or fliall export, any of the faid articles liable to duty as afore- faid, a reafonable time abovethe fpace of one year, now by law allowed, for the return of the certificates required to>entitle them to have credit for, or to be repaid, the duties by heih it- cured or |isud theireor., d^mng; which time ti^e duties fecured tin fuch articles, ihall not be de« xnanded ti the exporters of thte lamet IV. Be hJUrther ena&ed^ That in cafe any of th^ artldes liable to the duties aforefaid, fhall be ' exported out of this ProTince, agreeable to the provifions of the -aforefaid hBa,., or either of ' them, and (hall be loft, or taken by the King's enemies, it fliall and may be lawful for the Com- niiitione^s of the Revenue, upon full proof of fuch lofi or capture, to order aiid dik'edi that the exporter thereof {hallreceive Credit fof. Or repayment of, the duties by him fecUred or paid thereon, in the like manner as fuch cx{iorter would be entitled to receive the finne, upon ' his producing the regubr certificates of exportation and binding fuch articles, required by the - faid Ads, or either of them. y. Be it further enaaed^ That itChall and maybe lawful for the Governor, Ii«tttenant-Go- vernor, or Commander in Chief for the time being,^ to authorize and empower fuch fit and^> proper perfons, as he fhall tMnk convenient, in the feveral out-ports aiid diftriAs-inthis Pro- vince, who fhall and may 6nter on board any fhip or veflel, which fhall arrive or come iiito - the port ordiflricl for which they fhall be appointed, with articles liable to duties by virtue of any of the Ads of this Province, to examine and fearch the fame, and fuch 0£cei^, fo to be appointed, fhall and may feize and profecute to condemnation any fhip, veflel or goods^ . liable to forfeiture by the Ads, or either of tbem, and to fue for, and recover, any fines» penalties and forfeitures, impofed by the faid Ads, for the fame caufes, and in the fame man- ner, as the CoUedors of.Impofland Excife, in their refpedive Diflrids, are empowered to do the fame ; and fhall be entitled to Itave and receive the fame fhare and proportion of fuch fhip, vefTels, goods, fines and forfeitures, as fuch Colledors are, by the faid Ads, or either of them, , entitled to, on iondenmation or convidion, in like cafes. VI. And be it further enaHedy That this Ad, and every matter artd thing therein contained, fhall be and continue, and the fame is hereby continued in force, to the firfl day of July, one thoufand feven hundred and ninety fix, and no longer. - K . .ft '■ »• .»•»'• ■ ' •■'' -^^^ -% '- '*'v'. * * !;*^<^ ^^.'% '*- u. ^■'4^\ .-- rA Expired. CAP. IX. An ACT to continue in Force, the fevetal Adts therein mentioned* CAP. X. ■ r »-♦ V An ACT for applying certain Monies therein mentioned, for the Extcacd. Ser Ice of the Year of Our Lord One Thoufand Seven Hundred and Ninety Five, and for appropriating fuch part of the Sup- plies granted in this Seflion of General A flembly, as are not already appropriated by the Laws or Ads of the Province. CAP. ii Jfp^ "' J^nnd' tticipfimo feitb CioitGii IllF* : lilt ', *.;J' 3^5 CAm 3pK An ACT t6 raife ai^ Sum of Monejr, not exceeding Two Thoufand'Thii A£ih»fing ^^ ybunds, by Lottery, for th^tfdlpofe of* buildng Bridges, and Sti'of Si; repairing and amending, Iload«^%ithin tlM* Province Mai«ftv.w«.x. I • Miu«fty, wu cx- ecutecU 1 1 » I r I i» « At the GENERAL. A^SEMBEY of tEc Province of Nova-Scotia, beguir and holden at Halifax, on the Twentieth Day of March* Anno Domini 1795, and thtnce continaed by feveral Prorogations to fHe Third Day of March, Anno Domini ij^^ inv ic thirty-Sixth Year of the Rci^ of Our Soverei^ 1 " Lord George the Third of Great-Britain, France, and ^ Ireland, KING, Defender of the Faith, &c. being the Fourth Seffion of the Seventh General Aflembly con-^ Vencd in the faid Province.^ 4^-V/ •In thedmeofSir JohnWentworth, LientenantrGoTemor ; Sir Thomas Andrew Strange, Ghfcf Juftice, ind Prcfident of I' i^ < - Cotjlcil } ThoBMU Budtyi Speaker { JainwCwMier, Secretary of (;(MMMili aiulJametB.FraiiUiD, Clerk of Aifeiably. ■••* ■"-4- *«. a: 5' CAP. I. I An ACT in amendment of an A'ft, paffed in tlie Thirty-firft year of His prefent Majefty*8 reign, entitled, an A6t to raife a Revenue, Expired. for the purpofe of paying oS all fu«. h J3ebts as are now due by the ^ Province, or whith Ihall become due before the Firft day of July next, the Funded Debt only excepted ; and to fufpend the opera- tion of fuch parts of the faid A 61, and the feveral A6ls in amend- ment thereof, as relate to any new Tax, or AfTefTment, hereafter to be made. CAP. II. An ACT toregulrte Juries. BE /■/ enaHedy by the LieuienanuGevermr, Council and AJfembfy, T lat, from and after tlie pub- Of i''« qualifica- lication of this Aft, every perfon not herein after exempted, having an eftate of freehold in the county for which he fhallbe fummoned, of the clear yearly value of ten pounds, and having 3r>6 c. m Anho tricenmo fexto Georoyi ^, 79^ rV'-fons exempt- cd irwn Juries. Mode of return, ing, and afcer> tkioing, Jurors. Crand and Petit Juries to be drawn from the Sox tlie laft Tenu or Seflions in every Year. Liftstobefigned by the Chief Jiiftieeandaii'n/'/r faciaj ifliied. Perfons now fer- ving on Grand Junes to con- tinue for the pre- fcnt Year. Grand Juries to piiv every days, dtlault a'fine not exceeding »os. and Petit Juries I OS. having been reli dent therein for the (pmce. of three mbnths, pr & perfonal one of one hundred p<)und«, with like refidence ; or, in like inanner, a freehold of twenty fhiliings, or perfonality to the amount of ten poundSt ihall be reipcflively qualiJied, and liable, to Icrve upon Grand andi Petit Jurics.within this.Province. Prmiided alwav^ That the Members of His Majefty's Coun- cil, the Members of the Aflembly, the Tk-eafurer and Secretary of the Province, the Oflicers of His Majefty's Courts, the Officers contpofing the- Staff of the Army, the Clerks belonging to the feveral departments of the Army, the Officers ^nd Clerks belonging to, and Labourers ao tually employed in, the Naval Yard, the Officers and Clerks 4}elon^ng to, and Labourers ac- tually employed in, the Civil Departments of His Majefty's Ordnance, the Officers of His Ma- jcfly's Cufioms, Regifter of Deeds,iChief Surveyor of the Crown .Lands, Naval Officer, ^nd his Deputies, Minifters, Attornies, Phyficians, Surgeons, Engine Men, and perfons above fevcn- ty years ef age, are hereby exempted from fuch fervice. II. And be it further en»£ledt That the different Sheriffs (hall, once every year, viz. on or be* fore the loth day, of April, return to the Prothonotaries, or Clerks, of the feveral Courts iiv which Juries are required toferve, lifts of all perfons fo qualified, and not exempted as .afore- faid, who fhall. thereupon caufe the names of ilich perfons to be written on diftindland fmiilar pieces of paper, and the fame to be feverally rolled up, and put together in a box, to be kept by them refpectively, under lock and key, for that purpofe. And for the lietter enabling the Sheriff of the County .of Halifax to make cut fuch lifts as have been arcuftomed to be by him returned for the feryicc of the feveral Courts i . that county, and in order to affift the other Sheriffs, throughout the Province, to complete their refpedlive lifts, he, or any of them, ihall,. upon requeft made by him, or any of them, refpe^ively, to any perfcn in that part of the County of Halifax, comprehended within the town and peninfula, or in any other County, Vfho fhall have in his xuftody any rates or affeffments for the payment of taxes, have liberty to infpedl the fame, and take. from them the names of all fuch perfons liable 'to fervc onjuiies, as they Avail be found to contain. III. At;d be it further enaSled^ That the Grand Juries for -the feveral Counties Ihall be drawn from the faid box, in the Supreme Court, or in the Court of Quarter Seffions, for thofe coun- ties to which the Supreme Court does not go, by the proper officer thereof, in the courfe of the laft term or fcHions in every year ; and being afterwards fummoned and fworn, at the firft en« &ing term or feffions in the following year, fliall ferve as fuch during the whole of the £ime. And the Prothonotary, or Clefk, of the Supreme Court, Inferior Court, and Court of Quarter Seffions, in every coimty, is hereby alfo dircAed, on or before the laft day of each term or feflions, to draw in like manner the names of a fufficicnt number, to ferve as Petit Jurors, for the. term or feffionsthen next enfuing : lifts of which, as alfo of the faid Grand Juries, being refpectiycly made out, by the faid Prothonotary or Clerk, and figned by the Chief or firft Juf- tice, prefiding at the time, the faid Prothonotary, or Clerk, Oiall, ten days before the next meeting of tiie Court, iffue writs of i;fn/r^yfffwj, for the funmioning the perfons contained tlierein accordingly. Provided alwayt, and be ii ena^ed. That the perfons now returned, and fcrving on the different Grand Juries throughout the Province, fliall continue to ferve for the prefent year, as if they had been returned under this Aft. IV. Andbe it further enaded^ That every perfon duly fummured as aforefaid to ferve upon any Jury, who, not being prevented by ficknefs, or other reafonable caufe, of abfcnce, fhall fail to appear, and fcrve upon the fame, fhall forfeit and pay for every day's default, if a Grand Juror, a fine not exceeding twenty fhiUings, and if a Petit Juror, a fine not exceeding ten fliilllngs ; which being levied, if neceffiiry, by warrant of diftrefs and falc, fhall be paid to the Prothonotary, or Clerk, refpetTively, and be by them accounted for at the end of eadi term or feflions, to the Trcufurer of the refpeftive counties, to be fromxime to time applied by the Juftices of the feveral Courts, for the countries ufc I V. difc the oth< the for tics, tun rf^$ Atititi tricdimo fexto GEORoit III. e. III. S<57 % V. jtttd be It fitrther tnailed., That if, by reafon of juft excufetf to be allowed of by the Court, a fttfllcicnt number of perfons fo fummoned as afbrefaid,either as Grand or Petit Ju- rors ihould not be likely to attend in any particular term; ftifions oi year, it flull be in the difcrction of the Court to return the names of the peri'ons fo excufe.^, or of fuch of them as the Court fhall think fit, into the box, as though they h^ nor ocen drawn, and to draw others in tlieir ftcad, w4io fhall be forthwith fumtnoned by theSherifij and be fubjedl to- all the confcquences of non-attendance as before provided. And in every cafe where a full Jury for the trial of any caufe fluU nofappesF, or appearing (hall, by challenge of either of the par- tics, other wife prove deficient, a Tales de Circum/iantibtu fhall be awstrdedyand immeiKately re* turned in manner as has been heretofore praftifed*- VI. And be it further enafted^ That it fhall and may be lawful for liis Majefly's Supreme Court, upon motion made on behalf of any party, in any caufe, civil orcrrminaT, to order a fpecial Jury to be ftruck before the Prothonotary from the lift in his office, according to the courfe of the common law, for which he fhall be entitled to a fee of five fhillings : and the Jury fo ftruck, fhall be the Jury to be fummoned and returned for the trial of fuch caufe. VII. And be it further enadedt That where, in the Supreme Court, or in any of the Inferior Courts of Common Pleas, a view fhall be allowed in any caufe, fix* or more of the Juror* to be mutually confented to by the parties or their agents, or if they caOnOt agree, to be named by the Court, together with two perfons to be in like manner appointed to fliew them the matters in queftion, fhall have the fame ; and the laid viewers, or iuch of '.hem, as appear, fliall be firft fworn upon the Jury, to try the caufe, in which it fhall have been allowed*: And in cafe a view fhall either not have been had at all, or not had by the^ number appointed, yet the trial' fhall proceed^ and no objection be received on either fide, on account thereof. i ■ Hi I I ' I. ' I •!■ ■ ■ 1 GAR UI. An ACT in addition to, and in amendment of, an A61, pafled in the Sixth year of His prefent Majefty's reign, entitled, an A 61 for re- gulating the Times and Places of holding the fevcral Courts of Juflice therein named.- WHEREAS /'/ will greatly eondute to the fpcedy determination of fuits in Uii Mojejly's Supreme Courts and in the Inferitr Court of Common Plea: at Halifax, to increafe the number of Terms for the fitting of thefaid Courts^ and to add to the number of days for the retun writs therein : I. Beit therefore enadediby the Lieutenant'Governory Council and Ajfembly,\li\X. the faid Supreme Court, (in addition to the tentis now by law to be holdcn) fhall hereafter be held annually on the fecond Tuefday of January in every year, and fhall continue to fit for any period not exceeding fourteen days. II. And be it further enabled, by the authority aforefud. That the Grand and Petit Jurors bound by law, to attend the fetting of the faid Court, fhall not be bound to attend the faid Supreme Court on the fecond Tuefday of Januar; annually, o;: at any time during the continuance of that term, unlets fueh JurcM^ fhall be fpecially fummoned to attend the fame by the Sheriff of the faid county, in confequence of an order from fome one of the Judges of the faid Court. III. And be it further enafled^ by the authority aforefaid., That from and after ' the publlcdtion hereof the Court of Common Pleas for the faid county of Halifax, fliall be holden on the Ihrft Tuefdays of March, June, September and December, in every year, to fit for any period, not exceeding fourteen days, and that the Jufiices of the faid Courts refpectively, ihallund may. appoint fuch, and fo many days during the fittingsof the faid Courts for the returns In cafe ordtniule i)F Jurors otlicis tu be drawn in tlitir ftcad. Special Jarors to ' be Ihuck before iheProthonotary from the lilt ia hU office. where a view it allowed fix of the Jurois lo have the faiuc. Preamble. Supreme Court to liuld an Hn \\A- ditiional term ut Hiilifux, un the ficOnd Tuefday Junuaiyuufluaily Attendance of/a- rors in Japuary, ui;'p!'nlcd with, unkl's fpecially orde'-'.d to at- tend. Time of holding Court of Com;' mon I'k;)'!, f* tlic C'.uriv of • ri;i!;(aN ul .blilh- cd, aid li.v.er pivcn to Court-, loappcilii leturn ■ liuys. 1 ' m 368 C. IV-V. Anno •■ricenmo fexto Gboroii III. 1795 Timeorholdiag Cuuitof Com- ninn Picas fo' the County of Cam* bcrlandt returns of wriu jnd proce&i u tOvthem, or tbe majority of . theoi, {ball bem proper aad con- venient. AnJw'jtre u it will be wtvenientft to trder the Jirji fitting iftbt Infiritr Court tf CammmPba»tM$d Central Seffiontef tbe Peace, for the touniy •fCumberlaudythat thofe Courts may have the ben^t tf the fame Juries fummoned to attend the^upretne Court for that county : IV. Bi it further enadedt by the authority afertfaidtUhzi horn andiafter tl)e,palEng.of this Ad, the (aid Ct»irts flull hold their firft fitting;s in every year, upon the day next ^ter the meeting of tlie Supreme Court, and that the Grand and Petit Juries returned for the (aid laft mentioned Court, (hall refpcdtivcly ferve at the (kid Inferior Court, and General Scifions of the Peace, in like manner as if they had been fummoned for the fame. t:AP. IV. For Afli in aJ- lleno«S*i^,d: An ACT in addition to, and in amendment of, an Aft, entitled, an Ceo. »d. cap. .4. ^^ for the limitation of Actions , and for avoiding Suits of Law. 'VIE There AS /« negligent and involuntary trej^affcs it frequently Ixtppeni, that adims are com' Preamble. menced before the party, committing the trefpafs, has an opportunity of tendering fatisfadiony agreeable Htthe Ad (f Affembly^ of which this in amendment : I. Beit enadedy by the Lieutenant Governor, Council and Affembly, That in all a£^ions of trefpafs, quare claufumf regit, wherein the title of lands is not chiefly .in queflion, hereafter to be profe- Notice allowed cuted, the plantiff (hall, at lead feven days previous to the ilTuing of proce(s, ferve the defen- ~ " - -' j^^^ ^.^j^ ^ notice in writing, to be left at the defendant's houfe, or place of abode, of his intention to commence fuch fuit, unlefs the defendant (hall, within that time, render reafbnable fatisfadion for the injury committed, and if, on the tri?i of .any fuch ac> tlons, the plaintiff (hall not prove due notice to have been given as.aforefa'd, he (hall recover no more coils than damages ; any law, ufage or cuftom, to the contrary not withftanding. inatftiontoftiei- .pais preamble. Courts of Juftice for the townfhips Cif Yarmouth and Argyle, to be held at Tull;et Village. CAP. V. An ACT to alter and eftablifli the Place, where the Courts of Juf- tice for the Townfhips of Yarmouth and Argyle, fliall in future be held. WHEREAS the place where the Courts of fujiicefor the town/hips ofTarmouth and Argyle, are now held, is found inconvenient to the inhabitants of both townfhips ;for remedy wliereof : I. Beit enabled, by the Lieutenant Governor, Council and Aff'embly, That from and after the pub- lication hereof the Courts of Juftice for the faid townfliips, fliall be held at the Tufltet Vil- lage, on the eaftern fldcof thcTuffcct river, and at no other place within the (aid townOiip. CAT. '7 All '79^ oper Bad con> \>etht btH^trf ^ng, of this ext after the >r the laid laft al SeiCons of l^cfi titled, an f Law. lions art com- ^l fatisfaaion^ i of trefpafs, to be profe- the defen- ce of abode, I that time, any fuch ac. fhall recover ending. I of Juf- future Ariyk^ gre fywijereof : it the pub- 'uflcet Vil. ownfliip. Armo triccfimo fcxto Georoii III, CAP. VI. C. VI- VI I. 3^9 An ACT to enable the Inhabitants of the Townfliips of Yarmouth and Argyle to cre6l a Bridge over the Tufket River, near the Tufket Village. WllEKLAS a bridge over the Tu^et River t ivill greatly facililale the emmunitation between Preamble. the towrflyips oj I'armoutb and Argyle^ and the adjacent county : I. Be it enadedy by the Lieulensnt-Geverncrf CouncU, and AJimhlyt'i'h3.t it w^y he hwful for . . j the inljabitants of the faid townfliips to crcft and cftablifh a bridge «jvcr the i'aid Tufket UuliaThndge ». River, from Sahnon Trout Point, on the caa fide of the laid river, to Titus HaUi" us, on the *"r*»«»«« Hirer, wcfv fide. u. Provided always, and be it further enaded. That the faid inhabitants of Yarmouth and Provided there b« Arg) !c, (lull conftruft, and keep in repair, in the mod convenient fituation in the faid bridge, * ^''»wbridjj«. a draw-bridge of fuflicient width to admit of the pafling and repafling of vciTeis and boats, up and down tlic faid river. CAP. CAP. VII. An ACT to encourage the building of a Bridge acrofs the Harbour of Halifax. WUTLRT. \S the building of a bridge acrc/s the harbour of Halifax, would greatly facitifate the commimicalion of the fcttlcments In the cajlcrn parts of the Province, with the town of lit- I'lfix : and whereas, fonathan Tremain, Efquir and others, have propcfcd to raifr, by private fub- fcription, afi[ffidcntfumofmon(ry,fjr thepurpoj,. of building a bridge of boats, or other praflical JlruC' tare, acrofs the faid harbour and have prayed the aid of ths Lc^'i/liiliirc ofih-s Province, to enable thtm to carry into rff'u^I this intention : I. Be it cnaded, by the IJeutcnant-Governor, Council and Affembly, Tli;it it fliall ami m.iy l>c lawful for the Governor, Lieutenant-vJovcrnor, or ConinianJcr in Cliicf for the time be- ing, by letters patent, undci the great fed of this Province, to incorporate jforuthan Tre- mnn, rilj. and all and every perCon and perluns, who, in tlicir own right, or as executors, adniiniftrators, or afligns, for the original proprietors, at any time or times hereafter, fliall have, and be entitled to, any part, Ihare or intereft, in the faid bridge, fo long as they (Jiall rcfpc<5livcly have any fuch part, fliare orinterett, therein, to be one body, politick and corpo. rate, in deed and in name, by the name of The Halifax Bridge Company, and by that name to have a fucccefTion, to continue for the term of ninety-nine years, and to have a common fcal, with power, from time to time, to chufe their prelldent, vicc-prefident, and other ofli- cers, in fuch manner, and under fuch qualifications, with regard to the electors, and defied, as fliall be dircflcJ in fuch letters patent : the full prciident, vice-prcfidcnt, and other o.Ti- ccrs, being qualified in the like manner, asall fubfcqucnt prelidcnt, vice prcfidcnt and officers, fliall, by the laid Icflcrs patent, be directed to be (jnalirieil, and to continue in their rcfpec- tivc offices for fuch fpaceof tlirc, as, by the faid letters patent, fl.allbc limited and dircfttd. II. Jndbc HfurihcrenaFud, by the aitihovity afovtfud, Tlnit it fhall and may be lawful for the Co »-ernor,Licutcnant-Govcrnor, or Commander in Chief for the time being, by the faid letters patent of incorporation, toimpower the f./ul company to make bye laws, from time to tiir.c, Uj well for the mana^omcnt and dircclionof tlic building and ivpaiiln^ the faid bii.lgc, as for Y a llic Prc.inil>!« r.ovc-por iin- nowercd to giant Lttcvs patent to iticnrpcaie Jt- rjl'r.n Tr.-maln, iinj oilitrs, liy tlif r.inie ofl'Iie Ililifux Bridge C jnipaiiVi tor mnety-nir.cyear: CoMip-iny im- Iiiwcrctl to'.Tiake bye laws. 379 C VII. Anno triccrimo fcxto Georcii IIL i79fi 11 1 Anil to riiifi! n iMpiiil Wcnk !•) fluren of twenty iivc pounJ!iC.icli. ThtCciiivinyKi make- Ciills, fur |-»vmen; o< the iuUci iiitions. Andio fix th* tiirci .nd pro» poltioDl.. unci to ft!l the (hares of thole whi refufc (ir Defied to pay4 II i Compsry im- powered to ereifl « b'iJge acrol's Halifax lut hour. and to occupv the wa'crs Riid lands, frum hi({h watfr m;irk on each fide fcr 99 years. A draw bridge to lie conftrui'^ed for the pafTage of velTuls, &c. Company im- powcred to e- fl,ibli(h a toll for 99 years. And from time to time la alter the toll. the reguLtticn :ind government of the faiil compaiiyrt nnd fur the government of the fcrvants and others who may be employed by the faiil company. III. /?«c faid bridge, and the landings and abutments of the fame, (hallbc veiled and remain in the faid company during the fu»d term of ninety-nine years, and that from and after the expiration or deternii- nation of the faid term, .ill the right, title and claim, of the faid company in and to the faid bridge, and the landings aud abutments thereof, fliall ccafc and determine, and the fame fluU henceforth be, and forever remain, the property of the public. X. Provided always, and be it further emiclcdy by the authority aforefaid. That, unlcf) the faid company (hall ercift a good and fufiicient bridge for the pafliigc of men, horfes, carts, waggons, .and carriages of all kinds, loaded or unloaded, within the term often years, to be computed from the endoif this prefent fcfllons of the General AITcmbly, the feveral provifionsof this A(fl, and the encouragement therein granted to the faid company, (liall ceafc, determine, and remain without efTc^. Srrcndjytnotict tu be 1(1 V en, ba> fore Hny tull i( clt..l.lilh«d 01 tU tcred. Company im- powered to ctcrt Prnpcnv >if ih« ed in the coinpu- nv for q9 y»nri. 'I'lioii Id U'come (lie properly of tlic public. nriilaetobce- rt'J^c'] within ten years, 01 ihcpiu. vilioiis ut this Ki\. to jrmain without elTca. CAP. VIII. An ACT to regulate the Aflize of Bread. WIir.REAS the prcfcnt rule for efiablijhir.g the ajfizc of bread, kis been found not to be, in
y Ill's, lier, or :s, before any 'cry one fo of. 5 twenty fliil. der. le public.ition : be thought >f good found ofed to fale, )rding to the (pedlve forts, 2 ought to be iteen pounds which con- allowance of its of thefe- Shillings per find twenty i the weight d the allow- JglUccn fliU- . . n9^ Anno tricefimo fcxto Georgii III. C. VIII. No. I. N 0. If. iiiv The I'lnny The Tliraepcntiy The Super Th.- S'llll "3 l'riccofih«Cwt.of rluurandBakinij. Hiil!-Hc nryLont. UiAi. r.oivf. 1,1., Oi. Oz. "~l)r.~ lU. i C > 1 Ui. 6 CJ/.. '5 Ur ~d7 IDS. 27 12 7 9 3 '3 H i'"6 119. 25 4 »» 8 6 S I 12 10 2 12a. 23 2 '4 5 y 1 2 10 ri 9 J >3«- 21 6 10 12 5 s 8 10 ) I I 14J. '9 >3 / 1 1 4 '5 6 9 •4 •3 15s. 18 8 5 1 4 10 2 9 4 4 16s. 17 6 2 12 4 5 8 8 II ■ ; 'I*- ■ 16 5 I I 4 I 6 8 2 '3 ■■ i8s. . "5 7 '4 H 3 '3 12 7 11 8 19!. 14 10 '3 4 3 !0 . 8 7 5 309. J3 14 1 1 12 3 7 9 6 •5 3 21s. •3 3 10 7 3 14 '5 6 9 '4 228. 12 10 9 4 3 2 8 6 5 ( 23s. iz I 8 2 3 5 6 II . 24«« II 9 7 2 2 H 5 S 13 10 259. II I 6 3 2 12 7 S 8 '5 26s. 10 1 1 5 6 2 10 12 5 5 8 »7s. 10 4 4 9 2 9 2 5 2 5 289. 9 14 3 13 2 7 II 4 'J 6 29«. 9 9 3 2 2 6 5 4 12 1 1 30s. 9 4 2 8 5 I 4 10 2 3I8. 8 «5 I 14 3 «3 4 7 II 3". 8 1 1 I 6 2 :2 4 S 8 33»' 8 6 13 I II 4 3 II 34». 8 2 5 II 4 I 6 35*' '5 J5 14 'S 12 3 »5 8 36s. 1 1 iS 7 '4 14 3 •3 12 37». 8 •5 '4 1 3 '» I 389. 5 14 10 •3 4 3 10 8 39>. 2 H 4 12 8 3 9 40s. 6 >5 '3 14 II 12 3 7 9 4ts. 6 14 «3 8 1 1 I 3 6 5 428. 6 9 13 3 10 7 3 4 IS 43I- 6 7 12 14 9 '3 3 3 II 44»- 6 5 12 . lO 9 4 3 2 8 4S9. 6 2 12 5 8 II 3 « 6 469. 6 12 I 8 1 3 5 47S- «4 II 13 7 10 2 « , 5 489. 12 II 9 7 2 2 »4 5 499. 10 II 5 6 II 2 13 6 509. 8 II I 6 3 2 12 7 519. 7 10 14 5 12 2 II 9 52s. 5 10 II 5 6 2 10 12 53»- 3 10 7 4 '5 2 9 '5 54»- 2 10 4 4 9 2 9 2 55*' 10 1 4 3 2 8 6 56,. '5 9 14 3 '3 2 7 II 578. '4 9 12 3 8 2 7 1 S8»- 12 9 9 3 2 2 6 ! S 59s. II ° 9 6 2 '3 2 5 : 1 1 6o«. 10 9 4 2 8 2 ? 1 O CT ') 0/ J IV. y/«^ be it further cna^eJ, by the authority aforcfaiJ, That the fald table fliall alfo extend, _, , as well to bread w hich fliall be made with the flour of wheat, mixed with the flour or meal of other grain, as alfo to bread whiv.h fliall be made of the flour or meal of other grain or grains, than wheat, which fliall be publicly licenfed and allowed to be made into bread, in any place or places, in purfuance of thii Acl ; and that the aflize of all fuch n.izicd bread fli.ill be let and afccrtained, as near as may be, according to the (iiid table. V. mixed bread to \iK (ct .IS n.Mr \i niiiv 'le to the T.ible. H 374 c. vin. •Anno trlcefimo fexto Georgii IIT. 1 7516 Kciurnof the 550- riLMil pii^cs ot 111 ur and meal, 10 be made to tlie Julticcs, i'rum wliicli to aicer- t.iin the ;i!iiie ot" bread. TCo alteration to bi- ni.ule in tlio aliize, uiLfs the price ot llour ov Buiii l!'.;ill have rii^n ov lallon i;. in.'ihe cut. n.i'icFS to have I, .no to iii(;;eC"i: tl'.c book, tlw t'.iy af'.er the re- tiirn ivade, ihsit t'i(.-y may !*vo on;iortuii;tv to objeiSt to the al- i'.Zi, Fii'n ot pul.li.'P. tioii o''i!.e ;u'i'.;c V. JnJ be it further enadcd, hy the authority aforcfuid^ That, from and after the publication hereof, the Julliccs of th^ Peace for the fcveral counties, in their Quarter Sellions, or, if need be, at a SpecialSeffion to-be called for tlie purpofe, flialland may, from time to time, as there fliall be occafion, caufc the prices which the f^vcral forts of meal or flour, fit and proper to nuike the different forts of bread which fljall be allowed to be made in any town or place within their refpedive jurtfdictions IhalJ, from time to time, bona fide fell for, at the mills, warehoufes or markets, in or near fuch town or;placc, publickly and generally, and not at particular times, and on fpccial contract only, tqbe given in, and certified to fiich J uftices,in fuch manner, and on fuch day in every, week, as fuch Juftieesifhall direct, by the Clerks of the Market, or by fuch pcrfon or perfonsas fuch Juftlccs, in.their faid Seflions, fliall from time to time appoint ; and the prices fo certified fliajl, from time to time, be entered by the refpeclivc pcrfon or perfons, who fliall certify the fame, inifome^book or books, to be provided by fuch perfon or perfons, and kept by liim or them for that purpofe ; and within two days after every fuch price dial] be fo returned the aflize and weight of bread for fuch town or place fhall be fct by fuch Juftices f.)r any time net exceeding one calendar month from every Xitting therepf, . and be made public in fuch town or pl^ce for which the fiime fhall be fo fet, in fuch manner as the Juftices, who fliall fet the fame, fhall onder and direct, /'/■w/i/tf^/, That after any afiize of bread fhall be fct, in purfuance of this AcT;, no alteration fliall |?e made therein, either to raifethe fame higher, or to fink the fame lower, urJefis, and except, the price of the flour of wheat, or other grain, fhall be returned, as having rifen one fliilUng in the hundred weight, or haying fallen one fhillingin the luindred weight, fince the laft return made. VI. And be it further emclcd, by the aitthority aforefaiJ^ Th^it any maker of bread for fale, in any town or place where flny aflize of bread fhall be ftt as aforefaid, fhall have liberty, at all . feafonable times, in the day time, the next day after eyery return of the price of flour or meal fhall be made for futh town or place, and entered in the proper book directed to be pro\ ided and kept for that purpofe, as aforefiid, to fee the entry which fliall be made in , fuch book, of the price of meal, or flour, without paying any thing for the f.ime : to the intent that every fuch m.iker of bread for fale, may have an opportunity, on the .faiu next day after lacli ontry made as aForefaid, to offer to fucli Juftices, in their Onarter Scfirons, or Special Sjfiions aforciaid, before fuch aflize fliall be fet ^'c altered, llich objections as. any fuch maker of bread, for l;i!e, can rcafonably ofTer, agalnft any a^ivance or redaction b^nng at any time made in the aflize or weight of bread, in any fuch town or place. VII. An I be it tilfo cnadcd. That when any alllzc of breatl iliall be fct at any time, in pur- fu.uicc of iliis Act, the fame flpU be made public, in the form, or to tlie cfl'cct following, to w It : 179 as ai of,' with gooc The afli.tcof brca.l, fct t'lc day of 01 now next ci^aing, and lo be in force; The Penny halfpenny loaf, cf fine wheatcn flour is to wci(,h T!ie Three penny loaf, of do. is to weigh The Six penny !...;i', of do. is to weigh 'I'hc shilling loaf, of ilo. for to take place on the day Lb. oz. 4< as to w^igh And whciicvor ar.y bread fliall l;e ordered, or allowed, as aforcfaiil, to bo made with the Th:; afli/f , of \x\cA or llour of rye, Indian corn, or barley, cither alone, or mixed, with tlie meal of llour, of bJ,:ij'. iu.lli;ijd any (uhcr '^r;'.in m' grains, thealJizeof fuc!i bread flial! !)c made public, in fuch manner as the uiliccs, V, iio fiiall fct fucii afli/.e, fhall from time to time direct. VIII. ./.•;./ l'./V/v/7/'.-r ivutV;./, That whenever tlic Juftices of die Peace, in tliclr refpcaive Scllioni as J;iili.e. i:u'.v d.i-a. 1796 Anno tricefiino fexto Georgii III, C. VIII. ' time, in pur- as aforefiid-, fliall order and allow any bread to be made within their refpcclive jurifdictions, of,' or with the flour or meal of any other grain > or grains, than wheat; cr to be mixed w^th the flour of wheat, or to be made with the flour, or meal^ of any other fort or forts of grain, either fcparate or mixed together ; all pcrfotis v ho fliall make any bread for falo, in any town or place where fuch ordeh fliall be made, fliall, from time to time, make bread with fuch mixed meal or flour in every fuch plac-e or places, iibfuch manner, and of fuchv/eight and goodnefs, as fuch Juflices fliall,. from time to tinie^ fo order and direct, upon pain that every perfon who fliall at any. timeoflend in the premifes, and fliall- be convicted of any fuch of- fence, in thcmanner herein after -prefcribed, fliafl forfeit and pay any fum not exceeding twenty fhillings, nor leCs than five fliillings, as the Juftice or Juflices, before whom any fuch offender or offenders fliall- be convifted, fliall think fit and order, every time he, flic or they,, fliall fo offend, and be convicled. IX. Aini be it- further ena£leJi That, from and after the publication of this Act, no perfon fliall knowingly put into any bread, which fliall be made for fale, any mixture of meal or flour, of any other fort of grain, than of the grain the fame fliall import to be, and of which bread fliall be allowed to be made, in purfuance of this Act, or fliall put into bread,*' which fliall be made for fale, any larger or other proportion of the meal or fl.our of any other or diiferent fort or forts of grain than what fliall be allowed as aforefaid by virtue of this- Att, or any mixtur«, or thing, as for, or in lieu of, floUr, which fliall not really be the genuine flour which the fame fliall import to be, and ought to be, upon pain that every pci'fon who fliall ofiend in the premifcs, and fliall be convicted of any fuch offence in manner herein after prefcribed, fliall forfeit and pay any fum not'jxceeding twenty fliillings, nor left than five fliillings, as the Juftice or Juftices, before whom any fuch offender or offenders fliall be convicted, fliall think fit to order, every time he, flie or they, fliall fo offend, and be convifted.- X. And be It further enaHed, by the authority aforefaid. That thefcverll forts of 'bread which fliall be fold, or made for fale, or expofcd to fale, fliall always be well made, and in their feve- ral and refpedive.' degrees, according to the goodnefs of the fcveral forts of meal, or flour, whereof ihe fiime ought to be made, and no preparation of damaged or mufty flour, or ingre- dientsor mixture whatfoever, (except the genuine meal or flour, which ought to be put therein, and common fait, pure water, eggs, milk, yeaft and barm, or fuch lea.ven as fliall be allowed to be put therein, by the Juftices, which fliall have fct the aflizc; fliaU be put into, or in any wife ufed, in making dough,. or any bread, to be fold, or as^ or for, leaven, to ferment any dough,' or on any other account, in the trade of making bread ; on pain that every perfon, other than a fcrvant, or journeyman, who fliall knowingly offend in the prcmifes, and be con- victed thereof, by confeflion, or the oath of one witriefs, before any Juftice of the Peace, fliall forfeit, not more than three pounds, nor Icfs than forty fliillings, or fliall be committed to the houfe of correction, or to the county jail, there to remain, and be kept to hard labour for any time not exceeding fourteen days,, nor lefslhun fevcn days, from the time of fuch commitment, as fuch Juftice fliall think fit ; and if any fcrvant, or journeyman, fliall know- ingly oflend, and be convicted as aforefaid, he fliall forfeit not more than forty fliillings, nor Icfs than twenty fliillings, or fliall be committed as aforefiid ; and it fliall be lawful, for the Juftice, before whom any fuch offender fliall be conviJtcd, out of the money forfeited, when recovered, to caufe the offender's name, and offence, to be publKhed in fomc newfpaper, which fhall be printed in, or near, the town or place where any fuch oifcnce fliall have been committed. XL And be it alfu cnailcd. That if any perfon or pcrfons, who fliall make any bread for file, or who fend out, fell, or expofc to fale, any broad, fliall at any time, from and ;\ftcr the pub- lication hereof, make, fend out, fell, or cxpofe to fale, any bread which fliall be deficient in weight, according to the aflizc which fluill from time to time be lot for any fuch bread, in purfuar.ce 375 W'le.-c Jndiccs order mixed brt'iid obem:ide, or br :id other tb;in\v'ie:iten, bie;id, •ikfr'^'o- tlicrsmakingjtror .liW, to Cinr.j.m to fuch order un- der penalty of, from .;s. to iGS. Biker no*, to mix i'.nv other fort 01 propurti- on of flour or meal than what (lull be ordered, or any foreign mixture, on pe- nalty ol from js tU 2CS. Bread to lie well made, without damaged or muf. ty irgredientt, under a penalty of not kfs than 40s. 01 moretlun 3l- Penalty on ftv- vants or journey- men ulluidiiig. OlTonders nnmc» to bcpuMillud. Pcrahvforcvciy oiiiico oK brtj.l ditiolcnt in \v..i,;lu. Z1^ C. VIII. Anno trlcefimofexto Georgii III, 1796 i79< Peficient bread tu be wciplicd wiil)iii 14 iiui.rs afn r baking. Bread in be n..ir!:cd uiih tlis ir.r.ial ittiers ot the Imlit'r's name, a:u1 the '.<:.iii;iii ol biciid c'ciii;ii.'pt in Weight. T< nalty ""or fuoh a!obi>r w'tr.uK.U ct bak:-!i ,i.;l£. i^-»'« purfuance of this AcV, he,fhc or they, fo ofFendingin thepremifes, and being convicled there- of in tnnnncr herein after prefcribed, (hall forfeit and pay afum not exceeding five {hillings, nor Icfs than one (hilling, for every ounce of bread which fliall at any time be wanting or de- ficient in the weight, which every fuch loaf ought tobe of; andfor every loaf of bread, which Iliall be found to be wanting Icfs than an ounce of the weight the fame ought to be, of a fum not exceeding two {hillings and fix-pencc, nor lefs than fix-pence, as fuch Ju{lice, or Juf- tices, before wliom any fuch bread, which {liall not be of the due weight the fame ought to be {liall be brought, {hall think fit to order, fo as fuch bread, fo deficient in weight, be brought before one or more Juftice or Juftices having jurifuidion in the premifes, and be weighed before fuch Jufticc or Juftices, within twenty-four hours after the fame {hall have been baked, fold, or expofed to fale, unlefs it {hall be inade out to the fatisfaclion of fuch juftice, or Juftices, by, or on behalf of, the party or parties, againft whom any fuch com- plaint or information fhall been made, that fuch deficiency wholly arofe from fome un- avoidable accident in baking, or othcrwifc, or was occafioned by, or through, fome acci- dent, contrivance or confederacy. XII. And be It further cnaded^ That from and after the publication of this Ad. every pcrfon who {liall make, fend out, fell, or cxpofc to liile, any fort of bread, whatfoever, (hall, from time to tiine, caufc to be fairly imprinted, or marked, on every loaf of ca vingthe fuult ia the bread to be occafioned by hia jouriieymia ot fervant. Aippointinent of Inl'pedors oi Flour and Meal. Infpccfoi'sOath. Flour for (iile.S'c. to be infpeAcd and branded. Brea.ilfeizetl, ex- cept tor deficieii- cy in weight, iir not truly mark- ed, the owner niay dtlire tlie Infp dlor to ex- amine quality ot floij', and ingre- dients ufed. L.fp'.at.'sFce. Any one Jiift^ce ni.^y d^icrir.ne orttniues aijairift tljit Ad. 378 Mode i)f reco- vrilnjr pciialtici nnd foitl^itum »icurrcd uudtr ttiis Act. Arp'itation of ]>^rons apgricv- ed.by con^•i^1ion, may appeal to the next General ^eflions of the Peace for Ihe (JquDty. froftcotions in- ilituted againlf pcifuns . aifling vnder the autho- rity of this Ait. Treble. cotts gi- Offences to be prolicuted with- tlitpe days. . G. vni. Anno tricefimo fexto Geoaoii III.\ 1796 Aflof jjd Geo, »d ic lubfeciucnt AiSs, relating thereto, fufpenJ- «d. oath, who fliall be ofTcred on either Ma, touching the matters complained, and Ifter bearing fuch witncflbs, and ihe party who i])aIlappcal^ fuch JuAice or Judices, (hall thereupon con> vict, or acquit, the party accufed ; and if any money, or penalty forfeited for any fuch con. vidlon, be not paid within Twenty-four hour* after conviction, fuch Juflice or Juftices fhall iifue liis or their warrant of^ diftrcfe, againft the goods and ciiattels of fuch offender or of- fenders ; and if, within five days after fuch djftrels taken, the money forfeited fliall not be paid,:the goods fcized (hall be. appraifed and fold, rendering the overplus, if any, after pay. ment of ths, penalty, and the cofts and charge^ of profccution, diftrcfs and fale, to the owner ; and for want of fuch diftrefs, fuch offender or. offenders fhall be committed to the county jail, or houfe of correction, there to remain for the fpace of not^move than twenty-one days, nor Icfs thiin fcvcn days ; unlefi fuch penalty or forfeiture, colls and charges, iball be paid, before the expiration of fuch term, of his or their commitment ; and all fuch penalties and forfeitures, when recovered, fliall be paid, one half to the informer, and one half to the Juf- ticc, or Juftices, who fhall liavc convicled fuch offender, to be by fuch Juftice, or juftices, paid totheSeffiqns,, who fhall difpofe thereof, for the better carrying this Aft into ex- ecution. XVIII. PrsviJedalioays, and bi U further ent^cd. That any perfon or perfohSj convided of any, offence againft this Act, who fhall think him, her, or themfelves, agrieved by fuch convic- tion, fhall have liberty, from time to time, to appeal to the next General or Quarter Scilions of the Peace, for the county 01 place where fuch con.viftion fhall .have been had ; and upon due fecurity given by recognizance, the execution of fuch judgment of convicliun' fhall be fufpendcd ; and the Juftices in their faid fcffions, are hereby required and empowered, final< ly, to hear and determine fuch appeal, and to award fuch cofls, as to them fliall appear jufl and reafonable, to be paid by either party ; and if fuch conviftion fhall be afhrmed, fuch^appellant fhall forthwith pay thefiim, which he, flie, or they, fhall have, been adjudged to have forfeit- ed, with cofls, to be awarded as aforefaid ; and in default thereof, ihall be committed to the county jail, there to remain for three months, unlefs ^ch forfeiture and cods fliall be fooner paid ; and if the appellant, or appellants, fha!! make good their appeal, and be difcharged of fuch conviclion,'rcafonablc cofls fliall be awarded, againfl the informer^ to be recovered, a& cofls given at any Sefllun of the Peace, are recoverable. • HijL. And be it further cna^cd. That if any action or fuit fliall be commenced againft any Juftice, or Jufticei,, Clerk of the Market, Conftable or other perfon, for any thing done or committed by virtue, or in purfuance, ofthis Aft^ it fliall be commenced within three months next after the facl committed, and not afterwards ; and the defendant or defendants, in any fuch actions, may plead the general iffue, and give this Act, and the fpecial matter, in evidence at any trial to be had thereupon, and that the fame was done in purfuance, and by the au- thority, of this Acl: and if it fhall appear fo to have been done, or ifa verdict be given for the defendant or defendants, or if-plaintiff be non-fuited, or difcontinue after appearance of the defendant or defendants, or if judgment be given againft the plaintiff or plaintiffs, the defen- dant or defendants fliall recover treble cofls of fuit. Provided always ^ That no perfon fliall be convicted in manner aforefaid, for any of the before-mentioned offences, unlefs the profecuiion, in order to fuch conviction, be commenced wiihin three days next after the offence com. mitted. XX. And he it further enabled, Thatan Act,iTiadcinthc thirty -fecond year ofthe reign of His late Majefty, entitled. An Ad relating to the aflize of bread, and for afcertaining the ftandard of weights and meafures } and the {everal laws made in addition to, and in amendment of, the faino, and every claufc, matter and thing, in the faid fcvcral laws contained refpcifling the affize of bread, fliall be, and the, fame are hereby, fufpcnded, and of no effect, for and during the continuance of this Act. 301. 17 Ion A pc pi 1 796 ifter hearing creupon con. any inch con- Jufticcs fhall iflender or of- d fhull not be 1^, after pay- o the owner; > the county ty-one days^ fhall be paid, penalties and •to the Jut Juftices, paid ft into cx- convidled of fuch convic- irter Seffions i and upon on ■ fhall be - vcred, finali )ear jufl and ichappellant lave forfcit- littcdto the be fooner fcliarged of covered, a& igainft any ig done or irce months mts, in any in evidence by the au- given for •ance of the the defen- bn fliall be rofecution, [Fence eom- n of His late andard of :nt of, the cfling the ind during XXI. 1796 Anno tncefimo fexto Gborgii III* C. IX. 379 XXI day longer XI. jind be it further enaa7! viiHiod (liall be una'olo lo pay the fine hnpofcil, it (lull and may be lawful for fuch Juftices to comrpit tlic oiTcndcr to tlic lioule of corrccliDU, tho-c to be put to hard l,;bour for a fpace not exceeding ten d;iys, nor Icfs llian five days. IV. y^Kii I'c it fitrf/jer cnftflt-J,Th:it this Ad {\i.i\\ car\\\n\xe, and he in force, until tlic firft continuor) by day of July, in tlic year of our Lord one tUoulivnd fcvcn hundred and ninety-fcvcn, and no A& to continue to ift (ulv, i:*)?. Aibrcijutoi, Ai^s. longer. Preamble. Perfons neglefl- ing to obey his liiperior officer, n'hen ordered lor.oremploytd in ere(5ling works to forfeit los. lor every offence. Militia to bs call- ed out four times a year, and no more. Ai5l continued to the ifl July, '97. Continued by fubl'equent Afls. CAP. X.. An ACT in addition to, and in amendment of, an Aft, paflcd in the thirty-fifth year of the Reign of His prcfent Majefty, entitled. An A (St to amend, and reduce into one Aft, the fcvcral Laws, now in being, relating to a Militia in this Province, WHEREAS the imde ef profecUt'ton prtfcribcd by the Atly of which this is an amendment, agaiiiii perfons enrolled in the Militia, who Jhall be guilty of difobcdicncc of orders, when ordered for, or employed in, ere^lingzvorkt:, is found tedious, and,in fome inflanccs, incffcHual:. . I. Be it therefore enabled, by the Lieutenant-Governor, Council and Affmbiy, That, from and after the publicfation of this Act, if any perfon, enrolled in the Militia, fliall rcfufe, or neglect, to 0- bey the lawful commands of his fupcriov officers, when ordered for, or employed in, creding works, fuch perfon, frt offending, fhall forfeit and pr s', for each and every ofTencc, a funi not exceeding ten fliillings, to be recovered on the oath of one credible witncfs, before any Jufticc of the Peace for -the county, wherein fuch ofiencc fliall be committed. II. And be it further cnaBed, by the authority of orefaid. That, from and after the publication hereof, the MiJitla fhall be called out, and alTcmbled, four. times in eadi and every year, and no more-; any law, ufage, or cuflom, to the contrary notwithflanding* III. Andbe it further enabled, by the authority aforcfaid. That this Acl, and the Acl whereof this is in addition, and amendment, (hall be, and the faiTie are hereby continued in force, un- til thefirflday of July, in the year of our Lord, one thouCind feven hundred ''and ninety feven, and no longer. Expired. Preamble. Scflions unon re- commendation of CAP. XI. An ACT to enable the Juftices of the Pdace, and Grand Jury, in the Diftrift of Piftou, to aflefs the inhabitants of thai Diftrift, for the repairs of the Roads within the fame. GAP. XII. An ACT to encourage the killing of Wolves, Bears, LoupCer- viers, and Wild Cats. WHEREAS great damage hath been done to the farmers in tUs Province, hyioolves, bears, hup- ccrvicrs, and wildcats ; for remedy whereof: I. Be it enabled, by the Lieutenant-Governor, Council and Affimbly, That, from and after the publication hereof, the Court of General Sefllons of the Peace in the feveral counties in this Province, An I i79<5 Anno triccfimo fexto Georgii III. C XIII-XV. 38 r Province, upon recommendation of their rcfpeftivc Grand Juries, (hall and may cftabliHi rules and orders for encouraging the killiii;^ of wolves, bears, loup cervicrs and wild cats, and may grant fuch rewards for the fame as they fhall think proper. II. And be it further enaclcj, 'J'liat the JudicCs aforcfaid, with tlic Grand Jury, fliall liavc full power and authority to grant and allefsupton each townfhip or diftricl within their refpeclive counties, fuch fomorfums as flull be ncceffary to pay ihe rewards which jhall be, from time to time, due by virtue of the rules and orders aforefaii, as Taall by them be cftal)liU»ett by virtue of this Act: the fame tobeaffcflcd, and collected, in the lame manner thnt county taxes arc aiTcffed, and collected," by the Laws of this Province. III. Provided alwiys, and be it enaUedy That this Aft fhall continue, and be in force, until the firft day of July, in the year of our Lord, one thoufand fcven hundred and ninety fevcn, and no longer. V>r»vi\ July, to rfl.ilililli o.dtis tiir cntnuMgifin the killing ot wolves, &c. hy Crantingtewjrds Town to be af- fi-fled for |)»y- nient of'i'ucli ic- warJi. Ai5l to rontinue to ill Jii V, 1707 ContiiiiKil by fubllijuent A^ts. CAP. Xiil. An ACT to continue in force the fcveral Ads therein mentioned. Kxpired. CAP- XIV. Ah ACT in addition to, and in amendment of, an A61, made in the thirty-third year of His prefent Majefty's Reign, entitled, An Adt for granting to His- Majefty certain duties on Wine, Rum, and other dift'lled Spirituous Liquors, and Brown Sugar, for the pur- pofc of paying off the intereft, and reducing the principal, of th^ Public Debt of this Province, and of the feveral A<5ls made in ad- dition to, or in amendment thereof. WHEREA S // is neccjjary that -mines fuf pitied, as an allowance finm Ills Maje/fy, to the qffmrs and men of His navy ^ fiould be exempt from the payment cf ihe duties inipoftd by ilx Jeveral Laws cfthe Province en all wines imported into this Province : I. Be it therefore enaCled, by the Lieufenant-Govetnor, Council and Afferiibly, Tliat, from an»I after the publication hereof, all. wines which (hail be fupplied to the oflicers and men on board His Majefty's fhips of war, as an allowance from His Majefty, fhall be exempt from the duties im- pofed by the feveral Afts of this Province, upon the fame terms and conditions as rum, and other diftilled fpirituous liquors, arc exempted in and by the Act, or Afts, whereof this is in addition, and amendment, any law to the contrary thereof notwithftandlng. II. And be it further tnafled, That this AAj and every matter and thing therein contained, Avail be and continue, and the fame is hereby continued in force to the firfi day of July, one tlioufand feven hundred and ninety feven, and no longer. riMmblc. Wines f.ippKi'cl to the ofiicTS & men tlie Navy, excmpi iromdu- tv. An to continue to lit July, 1797. Continued by fubl'ecjaent A6s. CAP. XV. An ACT to prohibit the exportation of "Wheat, Rye, Barley, Indian iJ^pred. Com, Flour, Rye and Indian Corn Meal. GAP. 382 C. XVI-XVin. Anno triccfimo fcjjto Qborgii III. 1796 .ifi I M : 3 '■ J .'1 i 11' m m CAP. XVI. « v;vc.;; ircd. ry..Ti;tcJ. CAP. XVJII. A n ACT for applying certain monies, therein mentioned, for the fcr- vice of the year of our Lord one thoufand fevcn hundred end ninety fix, and for appropriating fuch part of the fupplics, grunted in tills Lllio'i of General Aflembly, as are not already appropria- ted by the Luv/3 or A6li of the Province. At G. n Anno trlcenmo feptimo Georoii ITT. »797 383 At the GENERAL ASSEMBLY of the Province of No- va-Scotia, begun and holdcn at Halifax, on the 20th day of March, 1793, ^^^ thence continued by fevcral prorogations to the 6th day of June, 1 797 ; in the 37 th Year of the Reign of our Sovereign Lord George the Third of Great-Britain, France and Ireland, KING, De- fender of the Faith, Sec. being the Fifth Seflion of the Seventh GENERAL ASSEMBLY, convened in the faid Province.* • In the tiiue of Sir John Wontworth, n*ronet, Lieutenani-GoTCrnor } Henry Newton, Frefi.knt oiCoimcil; Thuniat Aucl^y, Spcukcr of the Afl'en.bly } JtMics G sutler, Sccictaiyof CounciJj ud JaniciB. Fr.incklin,C'lcikot AH'.niblY. in a- inend»iciit,oi ,iJ' ditiontiuSij Ai-'S ke 391I1 George 31I Cup. 9, and CAP, I. Ah ACT for appointing Commiflioners to determine upon a proper fituation, in the town of Halifax, and to purchafe Lots of Ground, if neceflary, to ere6l a Public Building, for the accommodation For aa% of the General Affembly, Court of C hancery, Supien-e Court, and Court of Admiralty, and Public Office*, and for procuring plans and iftimates for a building hereafter to be credled for the t^Ip.^T' ' refidenceof the Governor, LieutcnantrGovcrnor, or Commander in chief, for the time b 'ng. W WLKTl^S; from tht'prcfentjiate of ihi ProvincCt it is become necejfary^ tbat, as foon as mt- Preambe. chanics attd labour can be procured on reafonable terms, a public building Jhould be ere^ed, •wherein the General Affembly cftln Province may convene, and where the Court of Chancery, Supreme Court, and Court ffAdmir^ilty, may be provided with a hall, andfuitable apartments, for tlM adniini' Jlration of jvjlice, and public offices : I. Be it enaiUd, by the Lieutenant-Governor, Council and Ajfetiibly, That the Honorable Charles commifliorien to Morris, the Honorable 7 homas Cochran, and thelionorMe Sampfon Salter Blcivers, of His Ma- dttcimme^lfcue, jelly's Council: jGnathan Sterns, Michael IVallace, and Lawrence Har fJJjornc, Efquires, of the proundsforcre.i- lloufe of Aflembly, and Richard John Uniacke, Efquirc, Hi* Majcfty's Solicitor General, be ap- |"^,|"o^' rto.,'e'or pointed Commiflioners for the purpofe of determining upon proper ftitcs, purchafing lots buck. of ground where it may be deemed ncceflary, and for erefting thereon a range of public buildings, of ftone or brick, wherein the General Aflembly may hold its Scflions, and the F,,rfittir'"(oftic Court of Chancery, Supreme Court and Court of Admiralty, their refpcftive fittings, and the GcncrarAilem- public oflices may be held ; which faid Commiflioners, or the major part of them, are hereby „i\*ui'(i>.c. *"""'" authorifed, to make purchafe of the lots of ground hereinbefore mentioned, and to proceed to the purchafe of materials, for tjic aforeluid range of public buildings, when they can be reafoiublv .^84 •797 Anno triccfimo fcptimo Georgii III. C.I. 17! 'i m la Hi ildiniri not to nctcil certain li.inciifionj. iuiti.|t)f builJii)g t')i the rclukiice < 1 tlic 0<(n(triior 1.1 be |>ruCUliJ. Cintraclt made by Cuniniiilioii- er«, tt) be appro- Vffi by the Oo- virniir. Mon.:y ulluwcil turtlic Initliiiii;;. GoTernor mi- ji^cwcred to ap- point a Spfciiil Court lOHlct'itam til. t.iliie rii any Luis pui dialed. Ofiiccir ccmpri- I'ow faid C£ labour (hall be reduced to a rcafonablc (landard to employ mcchankks, workmen and labourers, to erefl ^nd complete the faid range of buildings, which faid range of public buildings, (hall not exceed the following diincnrions, That is tu fay, in front itnd rear, one hundred and twenty-nine feet i In depth, fifty feet ; and, in height, forty-one feet. II. And b« it further tna^Jedj by the authority tforc/aid. That the faid CommiUloners, or the major part of them, (ball procure proper |)lans, and fecflions, of a Moufe to be ere^ed for the rcfidcnce of the Governor, Lieutenant-Governor, or Commander in Chief for the time being, wUh particular cQimatcs of the probable coO and expenccs of the materials, and workman(hip, ncccHhry to complete the faid building : which plans, fc^ions and eftimates, (hall be laid be- fore the General Affembly, at their next SciTion ; and to report to the General AlTembly, in ihcir next Sclllon, the fcitc the faid Conjnjillioncrs may think mod eligible for a Government Hnufe. III. And be it further cndHed, by the authority aforefaidy That all contrails entered into by the afprcfaid Commillioncrs, with any perfim or perfons for the purchafe of lots of ground, ma- terials and workmanfliip, (liall, previous to ihcir being executed, be laid before the Governor, I-ieutcnant-Governor, or Commander in Chief for the time being, for his approbation. IV. And l>e it further enadedy by the authority afortfaidt That a fum, not exceeding three thou- l;ind pounds, (hall and may be drawn from the I'reafury of tlie Province, for thcpurpofn of pualufing the materials and lots of ground aforefaid, and for paying the workmen to be em- ployed, in creeling and completing a range- of buildings for the General AfTembly, Courts of Jullice, and Public Offices abovemcntioned ; and thi Governor, Lieutenant-Governor, or Commander in Chief, for the time being, is hereby empowered to draw warrants on the rrealury, at thcrec|iiilition ofthefiid t'omminioners, or the major part of them, for the aturclaid fuiu, or any part tliercof, at fuch times, and in fuch proportions, as they may deem . nccedary. AI^D WHERE/IS there may not he a public grcund fufficicnt, in thefttuaiion the faid Commifftonets may judge mofl convenient for the erc^lion of fuch building, and that the faid Commiffioncrs cannot pro- cure ether Jots of grfjur,d,frcm the proprietors^ at a fair and reafonable price : V. Bi it further enaded, by the authority afrcfaid^ That in cafe the herein named Commif- lior.crs (hall think it necefl'ary, to make a purchafe of any lot or lots of ground, tor the pur- pofes aforefiid, it (liall and maybe lawful for the Governor, Lieutenant-Governor, or Com- mander in Chief, for the time being, on application of tlie laid Commiffioncrs, or the major part of them, to cominiffion and appoint a Special Court, for the purpofe of afcertaininjj the value of fuch lot or lots of ground ; which Court flull be conipofed of, Tt Icalt, one of His Mijjefty's Julliccs of the Supreme Court, and fuch other Juftices of tlic Court of Common Pleas, for the town of Halifax, as, by the Governor, Lieutenant-Governor, or Commander in Chief, for the time being, may be deemed neceHary. VI. And be it further cnaihd, by the aulhsrity aforefaid. That fuch Court, fo appointed as a- forcfaid, (hall forthwith illue a venire facias, direclcd to the Sheriff of the County of Halifax, to fummon twenty four good and lawful men of ills bailwitk, freeholders of land, lituatc V itliin the town of IlaHfax, to be and appear before tlie laid juftices, at fuch place, and on fuch day ;'.nd hour, as by the laid Juftiees fliall be directed : twelve of whom Ihall l:e fworn by tiie faid Court, to appraifc ami value futh lot or lots of ground, at a fair and reafonable price, according to the Left of 'heir knowledge ; and the twelve jurors fo fworn, (hall pro- ceed to view, and value, the lot or lots of ground, fo required by the aforelaid Commiffion- crs for the faid building, and lli.iil deliver in a verdlcl to the faid Court, under the hands and feals CI. t)e reduced to |nd complete the following t i in depth, )ners, or the e^ed for the : lime being, .'orkmanfhip, be laid be- Aflcmbly, in Government I into by the ground, ma> ic Governor, probation. 5 three thou, icpurpofo of en to be cm- y. Courts of )vernor, or ints on the »cm, for the may dccni Commijioners cannot pre- cd Commif- >r the pur- 3r, or Com- the major rtaininjj the one of His f Clominon omiiiandcr in ted as a- if Halifax, v.d, lituatc c, and on I'.e fworn rcaftmable fhail pro* oinniiflioii. hands and (ka\s »797 A;iuu iriccAmo icptimo Georoii III. C. II. 38s Iwils of, at li.aft, nine of the 1. il jufors, wherein tlic va'uc «)f (uch lot < r Icti cf fjround lliall Ic exprcflld, in whitlj laid vculicl tlic jurors aford'aid, lh.ill give a particuljr dcrcription t)f titc nictc!! and boundii of fuch l.c or lot:(, (paifying each lot, didiiicl ard fcparatc from the I tlicrsjaccordlnj^ to the nuniLi- nf proprictoru, and fuch verdict, fo delivered into the i.'.id Court, iliall be duly entcn 1, and become a record (ithc laid Court. Vll. And be iljurlhcr ena^eti, hy the authority ajircfaid. 'I hit the value nf fuch lot or lots of L^ivund in money, I'o alccrtaincd by ihc fitd verdict, Ihall be paid by the liid Comminioncrn, \o the proprietor or proprietors thereof; ar/.l incafe the faid lot,or lots, flull appertain to ahfi;nt iwrfonn or minors, or the proprietor or proprietors tlicrcof (lull ubfcoiid, fo as that the fum of money awarded cannot be p:ud, or tendered, to them, or iliall ncglccl, or refufe, u> receive the fame \s hen tenderul, the faid money fliall be lodgeii in the 'Ircafury for their ufc, there to remain until fome pcrfon, duly authorifcd by law, iliall r>ri''/ ^^^ ^''^ fame, sr.d the faid landj iliall thereupon bevelled in llis Majelly, His heirs and luccclliui's, for ever. \'1H. Andbeit further enaiUJ,l>y the authQri.''j aJorefuiJ^ That if the Slv.riff fliall rc^'ufc, or neglect, to fummons a jury as aforelaid, he (hall forfeit, and pay, the fum o( twenty pounds, for each, and every olfencc, and in cafe any of the jurors, duly fummoncJ, fliall not attend, or Iliall refufe to be fworn, fuch juror (hall forfeit, and pay, hn- fuch r.cj^lcA, or nfufal, the fum of five pounds, to be levied by warrant, fi;^m the faid Court, cf Uiilrcfi and i'alc of the offender's goods and chatties. IX. And be ti/itrtler aia^ed, hy the authority af ore/aid. That an Act, made in the twenty eighth jear of the reign of Hisprelent Majcfty, entitled, An Aft for enabling Commiflionerb to inake (ale of the Public Buildings, therein named, for public ufes, and to creel on the lower parade, in the town of Halifax, a conmiodious building, and alfo to provide, or build, a com- mon jail ; and every matter and thing, in the faid Act contained, (faving, and except fuch parts of the faid A(fl, as have been already carried into eflct^) flull be, and the fame ai'e here- by, repealed, and no lunger in force or elTect. CAP. II. An ACT to enable the Go\n;rnor, Lieutenant- Governor, or Com- inancierin Chief for the time being, to ppoint Truilees, for the Common of the Town of Dartmouth, ontbc death, or removal, of the Truftecs holding the fame, and to vacate that part of the grant of the Common aforefaid, which veils the truft in the heirs, exe- cutors or atlminiftrators, of the Truilees, named in the faid g^ant, on the death of fuch Truftecs. WHEREAS iv Ut'ers patent vnder the great {ralofthis rrc-Snuc, Iciili^g date tbc ^thd:iy cf September, in the year of our Lord one tho'fani fcv:n hundred and cigbty-cighl ; His MnJ /iy was p/eafed to grant /<;T'lii;mas Cochran, 'innothy Folgcr, jwJSaniucl Starbuck, tldr kin, r.v- ecutors, and adminifiratcrs., the common rf the toivrjhip of Durtmcuth ; ftiuite on the e,>f:iri fi.le of the h.irlicur of Hsiift/x, infpaiaNrufl.,for the ufe of the inhMijr.is fettled ai,d nfident in the tO'.vnp!at, cr that mi^ht thereafter ftitic, and ailiwUy rtjide, within tbetozvrjhip of Ihrtmouth, ditri'y^fach rcfidcnce only ; as a common, fur the general benifit offihhrcjidtntf'lli.rs, and tiot cthcrivife. And whereas the yl'/J 'i'imothy Eolgcr d«i Samuel Starbuck, .viM.r rci;>ov,d fitm t! ■ Province, by niifrnivhcrcrf the ^(ivd intet:t of thejaid grant, is in a great niMfurc JifealeJ ; unQV'ht-'rcaj.vM;'/, andi^rcjtini-niw.'.icnces Cumnnninncrit* piy lUr v^tue la |.ro;»ric'oriStihe I.uh.is .tpp'.itiiin. in?, DibHntiier- i'lr.j ur niinurs | lie mIuc to be luJg'il in'J'iea- lJ> Y 'uil ap;i!icd Jor. Nep.|-ift of the Sli.' iif to fum- niun a jury. ?«(m-at('.njanee r.t jiiuirt, alter tuiiinioDed. Former Ai5> made in i;Si, rcnc«l- cJ, c\ri'i)truchp4rii asliavc been car. licakao cit.iJt. SfSiotliCeo.ja. Prclir.hle. i3(5 c. m. Anno tricefimo feptimo Geor-gii III. 1797 Governor to ap. point Piurtecsfur tlio Common at Uoy;er of Truf- :^s mpoinicil tuder ihis Aer/ons to vo tain ^ral A/fcmbly : >n hereafter to in any eledion gsprr annum, iH vote, or be lich the fame r cultivation : all be entitled to. Provided held in this lave had the ;fore the tell lined, fliall be f the ycaiiy CAR 'Anno triccfimo feptimo Gbq;iou IH. CAP, IV. C. IV.VII, 387 For Adts on thii An ACT to explain and amend an A£l, pafled in the ievcntb year of His prefent Majefty's Reign, entitled, An Aft for partition of Sc1t?Vee,2: Lands in Coparcenary, Joint Tenancy, and Tenancy in Common, jSupA!'^""' and, thereby, for the more effe<^ual colle^ing His Majefly's Quit Rents, in the Colony of Nova-Scotia, WHEREAS doubts have ari/en, "wliether tbifaid A^ doth extend to^ and enable, perfons, who are Coparceners, Joint Tenants, and Tenants in Conwmt ether than the proprietors of Tow ft' Jhips, to make partition cf lands to them belonging. I. Be it therefore cnaded, by the IJeutenani-Gavernor, Council and Aj^mily, That the fald Acl, and all Afts heretofore made, in amendm3nt thereof, flwU be conllrucd to extend to all per- fons, who do, or (hall, hold lands in coparcenary, joint tenancy, and te:)anc:y in common. PrcAmblc. The \&i for ma- king partition of I-and>, to extend to nil perfor.j holding »% Jam Tenants Cepsrt. ncit, or Tcnanij in Common, CAP. V. An ACT in amendment of an Ad, pafled in the twenty-ninth year of His prefent Majefty's Reign, entitled. An Act for altering the Times appointed for holding the Court of Common Pleas, and General Seflions of the Peace, in the County of Sydney. W HERE AS^he times, jpea^ed in the afore recited A^, for holding the Inferior Ccurt cf Common Pitas, and General Sejftons if the Peace, within the County of Sydney, have been found imon' p,(..n,' 1- vtnientta the inhabitants ofthefaid DiJlriSl ; for remedy 'whereof : I. Be it ena61ed, by the Lieutenant-Ccvcrnor , Council and AJfembly, That the Court of General Sefllons of the Peace, and Inferior Court of Common Pleas, fhall, after the prefent year, be fn^J'^iL^f'""' held at Guyfboroughjin the faid County, on the firft Tuefduy of March, and fir ft Tucfday Co irt, /ur coiin- of October, annually. Any law, ufagc or cuftom, to the contrary notwithftanding. be k!°i'«"auv»; CAP. VI. An ACT in amendment of an A £1, pafled in the Thirty -flfth year of His Majefty's Reign, entltkd, An Ad to amend, and reduce into one Ad, the fcveral Laws, now i;i being, relating to n Militia in this Province. WHEREAS /Af drafting of nnliiiawen, cmpJiycd as nicchanicks or labciircn in His M'j:Jly\Oi\U n^nce Stores, and Naval or Carcenirig-Tard, and in the department of the Royal En;^inscrs, is frc']i'auly imuricin to His Majt/ly's fervice, fr raualy ivhcreif : I. Be it cna{lcd, by the LieuUnant-Govcrnor, Cuuneil lui AJahhly, Tint, whenever a proportion of the militia of the town of Halifax, fliall be called ir.to icrvice, it i\\\\\\ and may be iawfalfor the Colonel, or oflicer commanding the Rcglinciit of militia to wlilch mcd'aiiics or labovirers belong, who arc employed in His Majcdy'si Ordiiunce i^jior-'s, or in the Navy or Carcenir.g Yard, or in the Royal i'.nginccr r?Ci.artnient, to apportion thenuiTihcr ofdniftsfuoii nK.cI;arj\s a/jil labourers, in each of the iiilvl vep.ulir.iiuts, rclpcCtivcIj- ought to fuvrafh,. and to pv. cure: gocd ta b'jroiij'h i at times flstcd, r-iov.ble. Fiiuritiitcs to l>s (vc;r:i.r:tn tb''nien (.•n\|>:'.'V' 'I in tl'.e navy-^ t.A, ;iiid Of''.;! nice AiHiv'n. giiictr di;;;un lllti:'..S. 388 C. Vir-VIII, Anno trieefimo fcptimo GeOROii Itl, no?' rxpence to !c siflidV;) on nun t').'.'ippll)v'.'-i, in nnipo'-tiMn to tli«ir pay. .\rnount of rii"- fedment to be juiil to the i-om- niHnding o.']i(;cr. Onrcfu'iiitof ^Y stttv no ice, lul- iiveloivfin(l their own iubfli- • jtc-!, or l.;rvc in Veilbii. 4': to contin'ic to ift Ju!v, 1798. Continued by fublcquent A&i. Expired. gooj and fufScicntfiiblitutcs in ihe plact; or ftead of fuch mechanics or labourers, on the moft reafonAbic terms ;■ the amount of which. coft and expence, for procuring fuch fubftitutcs, ffiall be duly a-fiTciTed by thi Colottel, LicutcnAnt-ColoneVj or rtffi:ctcoh1martding the regiment, with tlic afliilance of two captains of the faid regiment, tin each mechanic and labourer fo em- ployed in each < f the afurcfaid departments rcfpcetively, in proportion to the daily pay of cacli and c^xrj of tiie f^Id racchanics and labourers. II. And be it further cnaf^ed, by ihe ant hcrity aforefaid, 'VhiX.C'Xzh. and every fuch nlcchanitk or labourer f.> aireflcd, as aforcfaid, {lull, on due uotico tliereof, pay the amount of fuch rate or nlVcilir.cnt, to the ofiiccv commanding the regiment, or taanyperfon by him duly autho- rifcd to receive the fame. And if any fuch mechanick, or labourer, rcfufe or ncglccl tv) pay, fucli rate or aireiTmcnt, it dial! and may be lawful for any of His Mijefty^s Juilices of the Fcacp,, for the town of IlaliTax, on complaint ofthq officer commanding the regiment, and on due proof of fuch mechanick or labourer having been notified of the amount of his rate <^r airefTniant, and of his negi€(flor refufal topay the fame, to-iffue his Warrant to any of the cnnftablcs of the town of Halifax, dirccling tlajm to levy, by diftrefs andfiilc of the goods and chatties of fuch mechanick or labourer, the fum fo proved to be by him due and owing, as his proportion, rate, or aUcilhient aforefaid, with cofts of fuit ; ar.d for want of goods and chattels, to commit fuch mechanick or labourer to jail ; thcra to remain, until the amount, fo fpaciiiedin the warrant be duly paid. Provided always ^ That nothing, in tliis Ach contained, friall extend, rr be conftrued to extend, to prevent the faid mcchanicksor labourers, in each of the aforefaid departments refpeclively, from procuring fubnitutcs agroeabie to law, or per- forming the aforefaid Miliria duty in perfon •, on due notice 'givc« them of fui.i duty, and (in their declaring fuch thyir intention at the time of notification, and.carrying the fame into dl'ea. III. And be it further cracicd, by ihe avtlorily ofzrefaid, TliAt this Act fiiall be, and cAnti'riu'c, ih force to the Hrft day of July, in the year of our Lord one tlioufand feven hundred and ninety eigiit, and no longer. CAP. VII.. An \Cr to continue in force the fevcral A£ls therein mentioned. m. j 4 Preamble. CAP. VIII. An ACT to amend, and continue for one year, an A£l, paffedin the thirty-third year of His prefent Majelly's Reign, entitled, An Adl: for granting to His Majefly certain duties on Wine, Rum, and all ether diflilled Spirituous Liquors, and Brown Sugar, for the pur- pofe of paying the interell, and reducing the principal, of the Public Debt of this Province. WHEREAS // is neceffliry, fr defraying ihe expcnce of public buildings, and other expenditures, that ihe Ail, laherelf this is in amend.nent, bi farther continued. And whereas daubis have arifen, zvhethcr articles forfeit ii [lis Miijefly, on accouii! of illegal importation, or ofherwife, are fub' jcil, en tb?fak of fuch articles, tc the duties by lazv impofsd iherctfn, the fmc as if they bad been Ic^ ^iillj imported, for remedy uhereof : urers, on the moft \\ fubllitutcs, fliall ing the regiment, d labourer fo em- the daily pay of Tuch mcchanick unt of fuch rate him dulyautho- r ncglccl tn pay, ' Juilices of the •egiment, and on of his rate ftr t to any of the of.the goods and and owing, «s t of goods and 1 the amount, fo Act contained, 'ourcrs, in each to law, orpcr- rui.i duty, and igthc fame into nd tfthtihu'e, Jh ired and ninety r79f Anno t'ricciimo feptimo Geosgii IIL c. rx-x. 389 mentioned. ifledin the , An Ad im, and all r the pur- lal, of the •• expenditure!:, IS doubts have •x'ife, are fub- y had been Ic- \: Be it cnaSlcd, hj the Lieutenant-Governor, Council and A ffemhly. That all articles, fubjcft to duties by the Laws of thi^^-Province, which (hall hereafter become forfeit to HisMajcfty, on account of illegal importation, or for any other caufcS M/hatfocver ; fliall b« liable to all the datics the famearc, or may be, liable to, by thclawS of the Province, in cafe they had been legally imported ; ■ftrhich duties fliall be paid by th'cpuvchafers of thcfame. II. A nd he it further enafled, by the authority aforefaid. That this Aft, and th6 Acb wRcreof this is in amendment, and every matter and thing therein containfed, fliall bci and continue, and the fame is hereby contiHuied in force, to the firft day of July, which will be in the year of our Lord, one tiioufaad feven liundred and ninety-eight, and no longer. Articlosforleiied to His M.ijtily tor illegal inipor- Ution, &c. I'kb- it{\ to the uliisil provin<:i;'l(iii!n.«, as when Irgnily imported. Continued by I'ublaiucr.t Aifts. CAP. IX, An ACT to revive and continue an Acl, pafifed in the Thirty-third year of the reign of His prcfent Majefty, entitled, An Ad: in amendment of, and in addition to, an Att, made in thirty-third year of the reign uf His late Majefty, entitled, An Adl for regu- lating and maintaining a Light-Houfe on Sambro Ifland ; and in addition to, and amendment of, an A61, paffed in the twenty- eighth year of His prefent Majefty's reign, entitled, An A61 for regulating and maintaining a Light-Houfe at the entrance of the harbour of Shelburne. WHEREAS the before reeked A8, puffed in the thirt^'^thlrd year of the reign ef Hi! prcftitt Mr.- Preamble. jr^fiy, expired on thefirjl day if July, one tboufand feven hundred md ninety fix, and it is ex- pedient that the fame flKufd be revived and continued : I. Be it thercfire enaSled, by the Lieutenant-Governor, Council -and Afjimbly, That the faid Ad, ^SnW^^^ L^'ht and €very matter and claufo therein contained, fliall be, and is hereby, revived and continued n>u:tsr.t SheU to the firil day of July, which will be in the year of our tcrJ one thoudmd fevcn hundred and bro 1 i-rd, rvvl- ninety-cieht, and ho longer. viaand cmninu- ■' ° ' ° . cd to i{i July, 1798. CAP. X. An ACT for applying certain monies, thcrcia mentioned, for the fer* th vice of the year of our Lord one thoufand fevcn hundred and nintty-fevcn, and for appropriating fuch part of the fupplics, grunted in this f.llioi of General Aflembly, as are not already appropria- ted by the Laws or A£ls of ihc Province. ip A-l execu- At m it-^- 393 C.I. A-nnc crlcefimo odavo QEOucii HI. »79» At the GENERAL ASSEMBLY of the Province of No- va-Scotia, begun and holden. at Halifax, on the Twen- tieth day of March, 1793, and thence continued by fevcral prorogations to the Eightli day of June, 1 798; in the Thirty-eighth Year of the Reign of our Sovereign Lord George the Thirdof Great-Britain,. France and Ireland, KING, Defender of the Faith, 6cc. being the Sixth Seffion of the Seventh GENER AL ASSEM^ BLY, convened in the faid Province.* * In the time of Sir John WcntwortS, nsronct, Lieutcnnrt-OoTernor ; S. S. Blowers, Chief Jufticf, nnd Prefident of Conn, •il i I'huinxii Barcliiy, Sp«nee : h!"he''"i'nHfn 'e ^- ^^ '' ^•'""^a/, by the lAeutcnant-Go'vornor, Council and AJJmbly, That, from and after the wi iioii' aipccial publication of this Act, no alien, now rcfiding within tliis Province, or who fliall, hereafter, during the continuance of this A<^, come to rcfi(k therein, (liull be permitted to be, and re- main, within this Province, without afpetial permit, under the hand and fcal of the Gover- nor, Licutenant-Gi;vernor, or Conimajidcr in Chief for the time being ; or fuch pcrfon, or perfons, as the Governor, Lieutenant-Governor, or Commander in Chief for the time being, may appoint to grant the fame. II. And be it further enaclcd. That any fuch alien, as aforefaid, dcfirous to attain fuch per- Hiiw sn al'.cn ./,,, ... !•• i-, ,« ^ ^ ,. mayobuiiiuper- mit.lhail nrake lus application to the oovcrnor, Lieutenant-Governor, or Commander m ""' Chief for the time being, in writing j ftating therein his name, age, place of nativity, rank, and occupA'ion, with the time, and manner, (if his arrival in this Province, and the place of his rcfidencc : and fuch alien Ihall, alfo, make due proof, that during the time of his relidcncc within this Province, he has demeaned himfcif in conformity to the laws thereof; and, thereupon, the Governor, Lieutenant-Governor, or Commander in Chief, for the thr.c being, If the proof fhall be fatisfiu^ory to him, may, and fliall. grant a pcnr.it to fucii alien, aj aforcfaid, to be, and remain, williin fucli town^and place, within this Province, as the Go- vernor, Lieutenant-Governor, or Commander in Chief for the time being, fliLill think fit and proper. FnviJcil ncverib'^'ufi. That fucli alien, previous to his receiving the permit as aforefaid, V:all enter into a bond, with fufii;;ient furety, in fuch fum as the Governor, Lieutenant Ooviv.ii'ir, or Commander in Chief fur the time being, may th.Ink nctxflary ; condiuoncd for the good behaviour of fuch alien, and fur his not violating his permit. ab CO th ali ih iw i 1798 Anno tricvjfimo ocliivo GiiORcii. III. C. I. 39' ce, loprcvcnt, III. And b; itfuriher auiilcj, Tli;irif.iny alien, as p.forcfaid, fluU not obtain a pcr;ait, as above directed, or IhJl violate his permit by travcliin;;, refiding, or being in any place, contrary to the tctior thereof, or (lull, by any feditious writing, or fpcaking, or in any o- thcr way, intermeddle with, or difturb, His Majelly's government within this IVovincc, fuch alien fliall, on conviction thereof, beftntcnccd to imprifonment during the continumce of (his Acl, or pay fuch fine as fliall be impofcd (^n him, by the Court before whom he (hall be tonvicled, as afurcfaid ; and be tranfportcd beyond His Maj:(ty*s dominions in /.mcrica, to fuch place as the Governor, Lieutenant-Governor, or Conjmandepin Chief, may think pro- jKir to dired. IV. Arid be it further enaflai. That in all cafes, a^ainft an alien, for any of thecaufcs afore- faid, whofercfidencc within this Pruvir.r.c coniu.cnccd fuice the firft day of May, in the year of our Lord one thoufard fcven Imndrcd and ninety three ; the proof of his liaving a per- mit, as aforcfaidjOr having conforn lJ thereto, ihall be on fuch alien. V. And be it further ciia^cd. That it ftiall not be lawful for any perfon or perfi)ns, within thi^i Province, to harbor, entertain or conceal, any alien, knowing him to be fuch, or liaving fuch juR reafon to fufpeft the fame ; without giving notice thereof, iivwriting, to fomc Judge of the Supreme Court, Court of Comm^m Pleas, or one of Mis Majefty's Jufticcs of the Peace, within twenty-four hours after fucli alien fliall have been fo harbored, or entertained, as aforefaid ; on pain of forleiting, for each and every offence, the fum of one hundred pounds, to. be recovered, and applied, as ii . herein after dire<5ted. • VL And be itfuriher cna^-id. That every maflcr or commander of any fliip or veflel, which fliall come- into any port or harbour, within thk Province, fliall, immediately on his arrival, make report in writing, to the CoUedor, or otlier chief olTicer of the Cuftoms ; and, in pla- ces where there may be no fuch oflicer, to one of His Majefty's Juftices of the Peace, of all paflengcrson board his veflel, or which may have arrived in her ;^ fpccifying their names, age, the place of nativity, the country from which, they fliall have come, the nation to which they belong, and owe allegiance, their occupation, and a defcription of their perfons, as far as he fliall have been able ia obtain -information thereof ; and, on negicct thereof, every fuch niaftcr or. commander fliall forfeit, and pay, for each and cvery.oficnce, twsnty pounds; for thcpa) iuent whereof, fuch vcflll fliall beholden, and may, by fuch Collector, orothcroiliccr of the Culloms, or Jufticc of the Peace, be detained ; and the faid Collector, or other oflicer of the Cuflioms, or Juftice of the Peace, fkifl tranfinit, by the firft conveyance, to the Sccre- tai-y of the Province, true copies of all fuch reports, as aforefaid ; and Ihall alio report the liime to Uie pcrfoa within liis diftrict, if any fuclx Ihall be appointed, who are aulhorifed, as aforefaid, to grant permits. VII. And be it further cr.adcd. That it fliall be lawful for the Governor, Lieutenant-Gover- nor, or Commander in Ciiief for the time being, whenever he may deem it ncceflary for His Majefty's fcrvice in general, or the fafety of this Province in particular, to remove, without this Province, any alien who may or fliall be imprifoned under tliia Act : any thing herein contained to the contrary notwithftanding ; and it fliall and maybe lawful for the Governor, Lieutenant-Governor, or Commander in Cliicf, to fend, or remove, out of this Province, all fuch aliens as he fliall judge dangerous to the peace or fafety of this Province, or fliall have reafonablc caufc to fuipect arc concerned in any treafonablc pradiccs,. or fccret machinations, againft the Government of thi.s Province, or any other within His Majefty's Dominions : not- withftanding fucli alien may have obtained a permit agreeably to the provifions of tiiis Act. VIII. And belt further cnaflcd. That if aiiy alien who fliall be font, or removed, without this Province, as aforefaid, fliall return thereto, or be found therein, during the c.intiniiancc of this Ad, every fuch alien, on conviction thereof, fliall be deemed guilty of felony, without benefit of clergy. IX. P.inidimcnt o*"*. lii;n viol.itiiig liis P'.Tniif ; or f.cH obtaining cut. Proif of his fia* viog permit to Ik oi> th;: alien. rmiifliment of p( rlbiij hrfrb.n ir- in>! alifns,- wiih- oiit giving notice in »titi!i{!;, fo Juc!;;e Suiiteme Miflors of vefTc!' to ni:;icvr(!p:)itt. ihj Coilci!h)r ot cuftoms, &c. of all their paflln- gcrsiiDnied'.itcfy on tlieir arrival. Rfmoval of a- lion"; wlicu nc- cciiaiy. ruiiLlrrcn' ofii. nv alien wii j Ihall rttuip, aft.!- being rcmuveU. f m I 392 Juftices t/> ap» prihcnil iud\ .)% arc fulpccUil <.f bcin^ ;ilii:n;, antl CI nmiit ttii''"i to jail ; it reel 'ilitc. Siipreii;? C' r.rt a;'i)i.iiitt:(!to;..ke tuani/.ircL' un- Ccr this All. c \i Anno tiicelimo oclavo Georgh 111. 1798 Ail co.-.'inuetl to tlic irt July, "v?. Continued by lublw-quent Aits. IX. AnJbi il fMibff cnadcd; That each and every Juftice of the, Peace, in the rcrpc(flive •counties V. ithln tJiis ^^o^•incc, arc /icrcby v.uthoritcd and required to fummon, and, in cafe oi nori-iippeanince, to itpprehend all and every perfon or perfons fufpccted of being aliens as afore- fnid : and if it flull appear to the f.iid Juftice, on due e.\auiii\ati()n, that the pcrfon or perfona f(i fuipeQed, ar« aliens, and have not comjilicd with the provifions of thin Act, it fliall and may be lawful for t!ie fald Juflicc to commit the f-iid alien to the county goal, there to remain until he fli.ill be dilcliarged by due com fe of luu". X. And be it further enoilcci, That the Supreme Court, and Courts of Common Pleas, in tlicir refpcclivc counties, fli.ill refpcclivcly have cognizance of all crimes and offences againtl: this Act, faving, and except, tlie,criine of returning to this I'rovince, after having been fent, or removed,, tIjiovAjfrouT, the cognizance whereof Ihall wholly, and only, appertain to the Su- preme Courf ; and all ponaltici and forfeitures, recovered under this Act, fliall be applied, tlie one half to the informer, and the rcmuinder tor the ufe of liis MajcUy's Government witliin this Province. iil. ,Ar.d be it further ena8edy '1 hat this AT: fliiH continue in force for one year, and from thtnce until the end of the next Seilion of General Aflembly. Hcr.iniis Ibr tx- [)(it:;,tion, to be put 10 ill kegs or box::, S:c. Appoiiitnisnt of ii.rpcooij ot Crr.d.i'ivtd II;r. tii'ii'. Their iefV.r*l to ii\ vc. Uvona vr.c;;rcy iLpptr.!--.', tbe fa re t:- bj tili.-^) u:i L-; two Jilli- C-S. CAP II. An ACT.for regulating the exportation rfRed, or Smoaked, Herrings., and in amendment of i n Ad:, piffed in tho fcccnd year of Mis prcfent Majelly's Reign, entitled, An Acl for regulating the expor- tation of Filli, and theaflize of Barrels, Hoops, Boards, and all ether kin^s of Lumber, and for appointing officers to furvey the fame. BY. it dialed by .the Licutcnant-Go-vcrmr, Coitmil and Ajjcmh'^ Tliat, frojii and after the pub- lication hereof, red or fmo.ikcd herrings for exportation, fliall not be put in any other package but kegs, or boxes, of the dimenlions and kind lierein after dcicribed ; and that the faid red or fmoaked herrings lliall be fweec, well flived and fmoaked, and all that arc in the fdid package (hall, as near as may, be of the fame fize, dofe packed, and fo flowed, as com- plecely to fill the package. II. And be it further enadid. That the Grand Juries of the feveral counties in this Pro. vlnce, at the Court of Genei'al SelHons of the Peace for each caunty, fhall annually, at the time of nominating other town oilicers, nominate out of every townfliip in the faid county, where the fmouldng and prcferving herring.^ is carried on, two or more fit perfons ; out pf whomtiio fald Court fhall appoint one, or more, to be Infpcctor or Infpeoiors of red or fir.onk'^J herrings, for each rcfpcctive townfhip ; which faid pjrflui or perfons, fo appointed, fhall be fwnrn to -the faithful difcharge of his or their duty,, in mam-'er as Is prcfcribed by the laws of tlii.-. Province, in the nomlnaidon and appointmt-nt of other town-officers ; :>nd in cats of h's or their rcfufal to ferve, or ncglccl:, or milbehaviour in the execution of his or th.jir cnicc, he or they fhall be punidied in like manner, as is provided in the like cafe fo? o- ther town oilicers, in and by an Act, paffed In tlie fifth year of His prefcnt Rl.ijcfty's R^'ign, entitled, " An Act for , the choice of town oHIters, and re_gulating of townfliips" 5 and in crvlcof a vacancy or vacancies, in the faid ofiicc of Inf^cQor of red or fmoaked herrings, bc- tv.cci: the timc^i of the fitting of the laid Courts of Ccocral ScflioiiiS of the Peace, for the Ct»unty COI of I up 1798 the rcfpcclive and, in cafe ot aliens as a fore - on or perfons i, it fliuU and here to remain non Picas, in Ponces againli: ng been fent, in to the Su- 1 be applied. Government ir, and from Herrings,, r of Mis he expor- , and all -irvey the tcr rhepub- 1 any other mdthat the arc in the ortomark no kcu or b.x of Icisfizt ihaii i« r:'.ni'.d. in ihc MX. laQjcflor'sFce. .rJ4 c in. Anno triccfimo octavo Georgii III, 1798 IJ^rrine;s rrjcx^- «'tby '.\\i: Inljico- t.i', to be pub- lioKly dLllroyi.J. Aher tUe pM'x- c.itiiin()tth'n A:l, rickljH lilli may be ex;)Oi t< d in lnir,(]ua'ter anil eighilis ot' bai- reh. I11 counties where Town (Jiiireis )j,ive licen alna- iiy named, two JulHces to nomi- nate Iiiipcifiurs. A(\ in force to lit Julv, 1799. j fmii oi five pence, anci fi)ur pence per njile for his travel. VIII. j^thl /v ilft/rt/jif eiuidcdy That all red, or {iiioaketl, herrings, vvhicli fliall be culled out, and rejected, Ly the Ii.fpcdor, as not merchantable, fliall be publicly dcilroyed by the faid Iiifpcctor. IX. Ami he it further cnaHcd, That, from and after the publication of this Ac\, it fhall and may be lawful to export pickled fi(h, in half-quarter and cijliths of barrels, provided the fame fhall have been guagcd, and furvcycd, according to law ; and provided the faid barrel contain fixtccn gallons, the quarter-barrel eight gallons, and the eighths of barrels, four gal- h)ns each. X. And he it further ciiancd^ That in I'lich counties where ths nomination of town-oflicers has already taken place for the prefent year, it (IkiH and may be lawful, for any two of His Ma- jefty's JuUices of the Peace, to nominate, and appoint, Infpectors, as aft^rolaid, for and during the remainder of t!ie year, or until the Inrpeclors fhall be appointed as herein before is direct- ed, any thing herein contained to the contrary notv.itlilianding. XI. /^«^/it';V/«r//Ar 67;c7(7f^, That this Act fhall continue in force to the firft day of July, which will be in the year of our Lord one thouland fcvcn hundred and ninety-nine, and until the end of the next fefllon of General Aflcmbly, and no longer. Vreamble. \\ V^ li Governor em- ijl ,, povvereJtogr^iit 1 8 !io;r,!e {Im tiic m- fl 1 purc'oift'.fw'r s Rjii fl 1 for.thi life of llie if' m 1 oflicersof t-hiMiii- III S vy, lailicient for ■j a period nut Kls ||ii \ ^t tiian 3 m.intht, ii and fjr .i|lo\v!';jj j; t!io drr.-.vb..cii. '.a li !| " ■*■ \(\\ Ki f ■ : ¥ \ ■ +^ CAP III. An ACT to enable the Officers of His Majefty's Navy, to obtain a Drawback of the Duties on Wines by them taken out of this Pro- vince, and confumed without the Umits thereof. WHEREAS, by the prcvifiom of the cy.'flir.g Revenue. Lazvs cfthis Province, the ifjicers of Hit Majejiy's Navy cannot 'obtain a draivbaek of the duties on wines, by I hem exported out nf the fame, unlefs they produce certificates of the landing offich wines i:ifome other country, although fuch ivines may hove been bona fide cxportedout of the Province, atid acluaUy confumed on baardthe flips ofivAr, or elfewheriyunthout the limits of the fa id Province ; for remedy ivhcreof: I. Be it enadsd^ by the Lieutenant-Governor, Council and Ajfmhiy. That, from and after the pub- lication ot this Act, it fhall and may be lawful for the Governor, Lieutenant-Governor, or Clom- mandcr in Chief frvr the time being, on the application of the captain, or ollicer commanding any of Ilis Majelly's liiips of war, to grant a licence to purch ifc, for tlic ufe of the ofllcers of fuch fliips, fo many gallons of wine, as fhall be recommended by the CommiiTioncrs of the Re- venue as a reaibnable allowance for the ufe of theolliccrsof fuch fliip, about to leave this Pro- vince. Provided \hit the faid allov/ance, fo to be recommended by the Cnmmitlloners of tlic Revenue, fliall not be for a period lefs than three months m:nri.);.in.!; in fuch licence the name or names of the perfnn or perfonsfrom whom fuch wiie n;ay he pui chafed, and fuch pcrfonov pcrfons fhall be entitled to a drawback of fuch pronc.nion of 1' dutic;. which may have been puid or fecured thereon, as is herein after mentioned ; provided fuch wine fliall be (hipped under the ini'pecti'in of the ofiirers of the revenue, and /ww y/,/t'c;uried out of the Proviiice, and the perfon or perfons fellinj^ the fams fliall make all the proofs, and perform all the rcquifites, which the laws of this Province require to be made and performed at the time of exporting any article for a drawback of the duties ; and provided that the oi'licers, for who.e ufe fuch wine may be purchafeil, fliall certify, under their hands, thai fuch wine was actually on board one of His iVlajelly's fliips tlicn ready fur fca, and that no part thereof fliall, with their knowleilge, conlcnt i V- J 798 e ; making in ic keg, or box, 1 he culled out, d by the f.ild cl, it fhall and provided the the liiid barrel xls, four gal- town-oflicers woof His Ma- ir and during cfurc is direct- day of July, Ine, and until 1798 Anno trlceHmo octavo Georcii III, C, IV-V. 395 > obtain a ' this Pro- r^ccrs cfUis rkd out nf the vjgl) fitcb luincs : Jhipi ofivjr, after the pub- nor, or (lom- commanding le ofllcers of -Ts of the Re- ave this Pro- oners of the ncc the name jch pcrfon or ly have been lipped under lice, and the ic rcquifitcs, f exporting ifcfuch wine n board one r knowlctlge, confcnt confcnt or privity, be rclandcd In this Province ; then, and In fuch cafe, it (hall and may be lawful for the fald Comnnflioncrs of the Revenue, to grant the pcrfon or pcrfons who may be Ucenfed to fell the faid wine as aforcfaid, a certificate to entitle him or them to a drawback of the duties paid or fccurcdon the wine ihipped and certified ;ts aforciaid j in like manner, and in the fame proportion, as is allowed on wine, rum, apd other fiiirituous llc^uors exported out of this Province. II. Andte it further ena^ed, Thai this Aft fhall be, and continue, In force, until the firft day a!\ to continue of July, which will be in the year of our Lord one thouCind feven hundred and pinetynine, coJlJinied '"bV and no longer. fuUequeut A«i. CAP. IV. An ACT to amend, and render more effectual, an A!;c(! to t'lt I'l- Jitlv, *99. C' ntii u J by CAP. V. An ACT to conthiu;: in force the fcvcral .'I els therein mciiiloncd. ^'^^^•'^^ CAP. ■yjG C. I, Anno triccfimo noiio Georgii lit. 1799 CAP. VI. m4> An ACT for applying certain monies, therein mentioned, for the fcr- vicc of the year of our Lord one thoufand feven hundred and ninety eight, ixn^ for appropriating fuch part of the fupplic»,g tnted in this feUioii of General Aflembly, asare not already appropria- ted by the Laws or A<5l8 of the Province. , At the GENERAL ASSEMBLY of the Province of No- va-Scotia, begun and holden at Halifax, on the Twen- tieth day of March, 1793, ^^^^^ thence continued by feveral prorogations to the Seventh day of June, 1 799,in the Thirty-ninth Year of the Reign of our Sovereign Lord George the Third of Great-Britain, France and Ireland, KING, Defender of the Faith, &c. being the Seventh, and laft, Seffion of the Seventh GENERAL ASSEMBLY, convened in the faid Province.* * In the tine of Sir ^ohn Wentworth, Baronet, Ltrutenant-GoTcrnor ; S. S. Bloweri, Cliief Juftice, «nc! PreGdent ol Coim. lil: Richard John Unucke, Sptaker of ihe AQeiubJy ; J'f'6enaBed, by the Lieutenant-Governor, Council and Affembly, and by the authority of the fn . >:i j til' fame, Tliat it (lull and may be lawful for tlic Governor, Lieutenant-Governor, orCommandcr in Huucf in ^ the Chief for the time being, to appoint three fit perfons to be CommilTioncrs, who are hereby ap- ijwnuf lUiiUx, pointed Commiflioners, during the pleafure of the faid Governor. Lieutenant-Governor, or Commander 1799 for the fcr- mdred and icsig tnted appropria- ce of No- e Twcn- nued by overeign ince and >cing the sfERAL PreCdent ol Coim. incklin, Clerk of 1797 Anno tricefimo nono Georgii III. C. I. 397 ?rcftmg a ets in the nd bring lers, and ir of his a Public , and requires h of the town bringing from tides for f ale : mthority of the immandcr in e hereby ap- Jovcrnor, or Coninianiicr Commander In Chief, for the time beiog, for repairing, or rebuilding, the markct-houfe in tlie town of I jalifax, creeling therein a fuitablc building for the ufc of the farmers, and coun- try people, who bring their produce for falc, and alfo for providing a proper building near the public flip, for the accommodation of perfons bringing vegetables, and other victui^ls, by water, and the faid Comminioncrs, or any two, or more of them, are hereby invefted with all ih« power J, and authorities, given or granted by this Ac>. U. And be it further enafledt That it ihall and may be lawful for the faid Commifnoncrs, or any two, or more of them, to appoint one or more perfons as kccpen of the faid markets, anil ai receivers of the rents ofthaftills therein, allowing to fuch perfon or perfons fo by them appointed, fuch falaries, or other rewards for their trouble, as to the faid Commillioncrs, or any two, or more of ihcm, (hall fecm juft and reafonable, and the fi»id Comniilfioners, or any two, or more of thcm> fhall, and they are hereby impov/cred, at their pleafure, to remove fuch keepers or receivers, or other pcrlbn and perfons, fo by them, from time to time, appoint- ed, and to place others in their Head, and to call fuch perfons to account for all monies re- ceived and diiburfed ; and the faid Commiflioriers, or any two of them, Ihall render an ac- count of the receipt and expenditure of all monies, as >i*cll rcfpefting the building, repairing, and erecVing the faid markets, as of the rents and profits of the Ualls, and the falaries or allow- ances of theoflicers, to the General Aflembly, once every year. III. And be it further ennetid. That the flails in the (Ixid town-market, on the fii-ft Monday of Oftobcr, in each and every year, after reafonable notice given, Ihall be fet up at public auction by the laid Commiflloners. and let to the highed and laireft bidder, for one year, and one quarter's rent of faid flails ftiall be always paid in advance ; and if any perfon- fo hiring any fuch flail, ftiall refufeor neglcft to pay fuch rent, one week after fuch quarter's advance ought to be paid, as aforefdid, it (hall be lawful for the keeper of fuch market, to exclude fuch defaulter from faid flail, and to fue for any arrears of rent before any one Juftice of the Peace, and the faid Commillii)ners may let fuch flail at public auction for the refiduc of fuch year, to any perfon or perfons who will hire the fame on the terms and conditions aforefaid. And it fliail be lawful for the faid Comir.iiiioiiers, fo foon us the flails of faid markct-houfe (hall be ready to be let, immediately to atlvertifc, and let the fame at audlion, from fuch time, until the lirfl Monday of 0(5tober next eiifuing; IV. And be if further fM<;l for tirfling ucuuiiliv-n.aiUl Appointing ol kt'.'i CIS to hid iii;iiKet-iii'ufi.s, I, ICCCIVCII. wt U.J, Receipts «nd tx- ptnilltiiresiiirid iiirtiKe',.|i,)uies ro W laul li^ffxe tlie AffVribly bnic a year. Mode of rentirg llall;., Ui. rii'ihcr'! ro cor. fiMU fi tlu- III!'. I (f the Julliccs in Sulll^n. fiutchers to dif. pule of their II. fill ir liii^! mai- l;et-lunii. s iiiuit r ;'. pciwity oi\j!. Corn-j ■ r •■.:);.•'-, or llnii Ju'tnlt, not ;r.i:inltd ia •he .I'.vf. .VJ^ CI. Anno triccfimo uono Georgii III. »799 N ■ 1] RfTtlrj of ft.'Mi 'II il>; cuuiJtry niurlvct. A . la i' ii'.i U piuvi- PrpviL.tMni of j.iy tie ImI.iii' n i.Uc, to '.I.i ti: !• Itx^ ul llitt (.111 n.;:i';i-t. Ju'iu'ts in rr'!i- on." to i'!!.^l-l !1) tlx- ;if<-s ui' tlic fliilis, <.r il .id- in>;s ir. ihc i-iJ nuik-.t. S;'z':re of n^n*, Mo\/ii (ii I'litli J, orir.eas liTi, ni.ii i.'.vl, '^klliUJ. P'.'ill K /t'O to L'. liil)l!'..ultli to f! ,' po'ii")"^-! 1^' 1 <; l.;t 151,. Coptr?ilT-rj rr tl'.c rsw :in>'. •."• II \ , aili well to kill .iiu! diJii ;l,Lii r f-t \v!xi,c they l!'.;n'-: fit. Jvr.cli..!: (.:!)•■ !|-i. ii: ,■ iv, lix the ^crv:\iU or ap;ciit rf tlic countryman, or fiirmcr, fliall prcfumc to fell, or cxpnfc to falff, nny iiitMt, (itlicrNvilc llian as before liircflcci, it (li.ill be lawful for any two JuQiccs of the Peace t(» give nutke to fuch perCoii to citlill from folblling ; and if futh pcrfon (hall aftcrwartU coptlnuo the f.in>c pradicc, lie fliull forfeit and pay for every ofFence a fnie notcxcecillng ten (hillingi. Vil. -,//;./ k it further ciuiLv/, That tl»c (fulls to lie ercdcd in the country nvarket (ImII be Irt to farmers, ind country people, only, at one (hilling /^/r d,)y, for C3ch (till : wliich rent (lull coinnienctt froni the time when the perfon, lo renting it, Ihall receive the key thereof, and de- termine when tiie key is returned to the keeper ; and no one pcrfi)n, or company of pcrfons, (hall be pcrndttcd lo buld ur rvUiiii -xny Hall for a longer time than Icvcn days upon any ore hiring. VIM. JiU Ic it further inatlcJ, Tli.it tlic f.iid ('onimi(nor,crs fliall and rr.jiy provide one nr r.)ore lei4 c( (l.iles, wei|^hts :fl:d meafures, for tlie f^rneral ufc of the faid country tnaiket, to l.e taken care i-f by ihc keeper ; \\vA if the fald fcaics, weijjhts or nieaCurcs, fliall be injured ' r lull while ill the care or u(c of any of the pcrfons hiring the (bits, fuch pcrfon or pcrfons ftiiill be accountable ihereft r, ui d fluill pay tl.e ^ alae thereof to the keeper, wiio, if necclTary, may, in Jiib own name, and before any judice of il.c I'eacc for the County of Halifax, fuc for, and rcctivcr, the value of thr (tales, weights or mcai\ires, foloA or damaged ; and pcrfons rentirg fiali» in the <'uid country market (hall be oLliged to tonforai to fuch rej^ulations as the Jufliics (f ilic I'cacj, (or tlic county of Ililifux, (l.ali, from time to time, make at any Quarter or S'^-i- cial oellions of the Teace, fur the go(;d order and <;:rverring of the faid country market, on f iln of (brfeiting the fum of ten fiiillingsfrr every breach of any fuch regulations. I.v. AnJ be it furthir cnai^ltd, 'Ihat the fiid Commilliorers (I'.alland may fettle with the Truf. tetb of the (illi market in the town of Ilalirax, and pay to them wlutever balance may bedvc; ?ni.! that the (aid Conrtiiiiiioners fliali and u.ay thenceforth receive, and take, the rents und profits as well of the lUli nuuket ar, of tiie (lip u.avket for people brin;^ing produce by water; and t!:e Jufiices of the P.;acc fl'.all, (rum time to time in their Stllions, cdablifh the rates of the fiiiils, or liaiidiiiij, in the faid maiLets rcrpccli\e!y, and make regulations for the faid marke's : and any perfi>n who Uiall commit a breach of any fuch rcgui.itiuiis, (hall forfeit and pay the fum of ten Ihil.'inj;s. X. And be itfuuhr cnaclc.l, 'I'liat tlic keeper, or keepers, of tlic faid markets fltall fevcrally attend the diilercnt markets during market liours ; and fuch kce|icr, or kct-pcrs, and alfo thi: Cl.'tk. of the Market, fl.all have authority to fei'/e and take all meat, bl-wn or (iuH'cd, or ia ar.y v.ays fVaadulenlly or deceitfully fet olT, and all meat, (l(h,and wild fowl, tainted, or olTercd f.jri.ile cor.Uary to ti:e rejulailons to bo made as aforefaid, and (hall expofe the fame to the \\i.\: ( (' jii\ two Ji.fticca of the Peace, and if the faid Juliices (liall find fuch meat or fifli to be taiiUcd, or fraudulently fet elf, (^r improperly e.xpofed to fale. contrary to the true intent of tii>s All, or of fucli rc.^^latioi;3 to l.e made as aforclidd, they (liall adjudc;c the fame to be for- l.it, ar.d i!:a!! caui'c the fametn l;e difirilrated to fuch |H,or perlons in the town, as they ihall Lir'.\l, and if the laid tainted meat or f.fli, (Iiall be \s holly urdit for food, the faid Jufiices may caufe iuch meat or full to be burnt or dtdrryed. and adjudge the perfon ofl'crirg the fame for f.iie, to be lined, and pay the fum c.f ten (liiliiigs, U r the ule of the poor of the town. Fnvi' dcd ttlivtr:.', Tliat i.tidiirg in this Aa contained, ihall hinder any perfon contracting to fupply His Majeli^'s (hips, or the forcis in tlie garr'lon of Halifax, with frefli provifions ; from ini- p.jrtiijg, kiilu'.g, ar.d lircfling, tl'.e n cat, neccilary (or their contracts, at itieh time, and in fuch place, as tlity fliall li.Ink proper, wiihout cNpt iing any part of fuch meat for public ialc, 0- i! erwi.'c Ji.ui in tlie n.ar.r.cr herein before direct cch XL /.n ! hr. jt further ctiuSIcd, t'hat if any butchers flvill confp/ire, or condiinc tr^crhcr f r il c puv[c,fc uf r.xi- i^- ihj prices cf cattle uf a!i) d'.f>.ri])tion, or of butcher's nitat, or not to f-11 thcii" ''799 c to faltf, nny of the Peace to wartli continue i ten (liilliiig;*. rket fliall be Irt 'hicli rent flull hereof, and de- my of pcrfons, upon any ore rovide one or ry market, to I be injured ' r 5r pcrfons fliall leccilary, may, , fue for, and 'Cifons rentlrg as the JuHiiei uarter orSpj- y market, on s. with the Truf. emay bedvc; he rents I'nd ce by water ; ic rates of the faid markc's : and pay the fliall fcvcrally and alfo tho tuHcd, or ill ed, or offtTcd fame to the t or fifli to be uc ir.tcnt of Tic to be for- IS they fliall Jufiices may the fame for town. Pnvi- ing to fupi-Iy ; from ini- ard in fuch Llic falc, 0- r.;rrrhor fre r not to f.:i their 1799 Anno trlccfimo nono Georou III. C. IMII. 399 thiir me it. but at certain prices, erery porfon fo oUcnding, fliall forfeit and pay for every futh r>r''ct of rsi-i-, otn-ncc, a ilnt not cxcccdin;t fifty poancU. ^^^'j'^^ *" "*"*'• XII. j^tiJ I'c il/urt'jir eriiideii, 'lluit the keeper, or keeper;*, of faiJ markets, and alfo the ic..cp«rsfc elcrk i>l ilic nutkctito l)f Iwoin to the l.iithrijl(lilolmi|l< ot tliiir (lu.y. Uccovcry and ippluMtion ot 4II l>ep(ltii'<, iiipj. Ic.l by Uui Aii. Apr"lic»Mon of nionici aiiriiHT fiom the rer.' of U. and for purchafin ; anotlicr ERate, as a perpetual Gleb.-, for the rc- fidcn Minifter o! the ellabliflied Church, in faid Townfliip. CAP. III. Art ACT in amendment of an ^61, pafled in the firfl; year of his prc- fent vajcfty's Rtign, entitled, \n A61 to prevent the fpieading of contagious Diftcmpers, and alfo in amcntim nt of an Ad:, pafll;d i the ixtcenth ye u' of the faid Reign, enttl.d, An a61 in ad- dition to the before reci cd A(El. WIirRF.AS the neighbouring States of America, hiivc,forfevcral years pnfi, been v:fit:J by tht yellow or putrid fiver, or fome other infct^ious dijitiiipLr, •which has rugcdto a inojl alarming rrcimbl-. di^rcc^ and proved fatal to great nitmhcrs of their inhabitants, -jLhcri.!>y it hath beiome /.;gh/y necc/firy, that the Lcgijlaturc of this Province Jhotdd make fome pruvijlon^ fur Mining ptrjons cowing from ui/ided placet fo perform S!ljarantine, in fuch manner as may be ordered by the Givecor, Lieuttnant-GcverKor, or drrn inder in Chi^ffr the time being, and for punifhing offenders in a more expcdiiiuui inaumr, than can be done by the ordinary courfc of Law : I. 400 C. III. Anno tricefimo nono Georou HI. 179$ Ships, p'rrn-K, gjoISi &C. co- uiiiiR Trom pla- ces wlierici in- f k'l oas dill-afis ni.iy Ik bio.iglir, to lurfiirm t|ii.i- laotine. N'li perfiin.'!, mitud to come on llioiL- troin TeflLis perform- ing; quaraiitine, uni.'fi 'jy licence or order from llie Uoieinor. ■ VofTi'l', perfoiir;, goods, &c. lub- jeiSt to lu,-h or- ders, touvhinpf quir.; i.c qv.i- I am lit jCiloini- ed. Duty cf 'icaltli oiiiucr iufcii- bel VetTels ohiigf I to perfi)-!ii iiii - r.milne, ni-.iy !.e co'-.r.jlli.'i.), >v t'uicc, if n^'c. >h- rv, lw long fucli fuch fliip or 'I tlien be, in- "f what dif. n boaiti ; 01- md to wjiut ^fJii;; know, icn on hoard t and iiifcclU - lawful t(,, and 1799 Anno tHceirmo nonoOEaRGii III. C. III. 401 and for theoiEccrs ofany of HisMajefty'gQiipi of war, or any of His Majefty's forts, or garrifons, and all other His Majefty's officers whom it may concern, upon notice thereof given to any of them refpeAively, and to and for any other perfons whom they may call to their aid and afTiftance, and they are hereby required to oblige fuch (hip or vefiel to repair to fuch place as ftiall be appointed for performance of quarantine, and to ufe all ncceffary means for that puvpofe, be it by firing of guns upon fuch (hip or veffcl, or any other kind of force. And if any fuch fliipor velTel {lallcome from any place vifited by the yellow fever, or any other infeflious and malignant diftemper, or have any perfon on board aftually infeclcd herewith, and the commander, mafter, or other perfon having charge of fuch (hip or velTel, (hall conceal the fame, or on demand not make a true difcovery in any of the particulars aforefaid, fuch mafter, or perfon having charge of fuch velTel, fhall, for every fuch offence, fuffer twelve months imprifonment. III. And be it further enaSled, That if any mafter, or other perfon having charge of any (hip or vcflTel which fhall arrive in any port, harbour, river, creek or place within this I rovince, from any country, port or place whatfoever, wherein any infeiflious difeafe (hall rage, or pre- vail at the time fuch veifel fliall (ail, or depart from fuch country, port or place, or if fuch fliip or veflel (liall be liable to perform quarantine, or if fuch m^ftjr, or other perfon, (liall himfelf quit, or (hall knowingly permit or ("ufler any feaman or paflTenger, coming in fuch fliip or ve(rc!, to quit fuch (liip or vefl'el, by going on (hore, or on board any other fliip, boat or velTel, before fuch mafter, or other perfon, (hall have ma .le report of the ftate of the health of the country, port or place, from whence fuch fliip or vefid fliall come, to the proper olHcer appointed for that purpofe, or before fuch quarantine (hall be (ally performed ; unlefsinfuch cafes, and by fuch proper licences, as (hall be directed, or permitted by fuch order or orders to be made concerning quarantine, and the prevention of infection as aforefaid ; or in cafe any mafter, or other perfon having charge of fuch fliip or vefifel, fliall not, within convcnirnt time after due notice given for that purpofe, by the proper ofliccr, caufc lach fliip or veflel, and the lading thereof, to be conveyed to the place appointed for fuch (hip or veffcl, and lading, to perform quarantine rcfpcciively ; then, and in every fuch cafe, fuch mafter, or perfon having charge of fuch fliip or veiTel, for every fuch offence, fliall forfeit and pay the fum of one hundred pounds, one moiety thereof to the King for the ufe of this Province, and the other jnoicty to him or them who will fue fV the fame ; and if any perfon fliall ic quit fuch fliip or vcll'cl, by going on (hore, or on board any other fliip or vcllel, contrary to the true meaning of this Act, it fliall and may be lawful for all perfont whatfoever, by any kind of force or violence, to compel fuch j-erfon to return on board fuch (hip or veflel ; and every fuch perfon fo quitting fuch (hip or veifel, fliall fuffer imprifonn^.ent for the fpace of fix moiiths, and fliall alfo forfeit the funi of fifty pounds, one moiety to the King, iiis heirs and fucceflors, for the ufe of this IVoviiice, and the other moiety to him or them that will iue for the fame; fuch rcf- pcdive pcnjitiwand foriliturcs to be recovered by action of debt, bill, pluint or ii'.formntion, in any of His Majcity's Courts of Record in tlu;> Province ; and it fli.iU and may be lawful for any Judge or Jullicc of luch Court of Record, to cndorlc any writ or writs of capias, or at. tachnient, for bail to the full amount of any or cither of the foregoing pcna!lio«. i'rcv''Jid it fluill bo madeapptar by aftlda* it to fuch juJgeor Juilicc that .. j pciUin or jiiifoiis, aqaii'ft whom fuch cap', ts, or writ of attachment, (hall be fi:cd out, hxs or have tranll^rcfr,'.! any or either of the ievcral proviilons contained In this Acl. W. ,A»H he it furiber er.ncied, Ihiit wiicncver any (Mp or vcffcI uiall arrive ii". any port or pb'.c in this Province i.r, ing on board any pyrHui or perfjns aclually ir.fe(5lou \viih (he y''l- low it\t\\ or other infectious 'icknrfs, ( r 'vliich. daring the voyage, (hall have iiad on Ix)ard any perfon or perfons who were iiifeftcd wi h th.c yclln any or- ders to be made as aforefaid, fliall, and they are hereby empowered and required, to caufc and compel all perfons obliged to perform quarantine as aforefaid, and all goods and merchandife comprifed within any fuch ordets, refpedtiycly to repair, or be conveyed, to fome of the faid houfes^ tents or lazarets, or to fuch other places as fliall be provided for the reception of fuch perfons, or for the ftoring, opening or airing, of fuch goods or merchandife, according to fuch order or orders to be made as aforefaid. VL And be itfurtber enaded. That if any perfon obliged, to perform quarantine as afore- faid, fliall wilfully refufe or neglect to repair within convenient time, after notice for that purpofe from the proper officer, to the lioufe, tent, lazaret, or other place duly appointed for him or her, or having been fo placed, fhall cfcapc, or attempt to efiape out of the fame, before quarantine fully prrformed ; it fhall be lawful for any of tJie perfons appointed to fee quaran- tine performed, by fuch force as the cafe may require, to compel fuch perfons refpcftivcly to repair, return to, and remain in fuch houfe, lazaret, or other place, fo appointed for him or her as aforefaid, and every perfon fo refufing or negleding to repair, after notice as aforefaid, to fuch houfe, tent, lazaret, or other place aj>pointed for him or her as aforefaid, and alfo every perfon actually efcaping as aforefaid, fhall be deemed guilty of a high mifdemeanor, and bepu- niflied by imprifonment for a fpace of time not le!s than fix mpnths, and fhall alfo forfeit anu pay the fine of fifty pounds, for every fuch offence. V!I. And be it alfo enaded. That all perfons, liable to perform quarantine in fliips, lazarets or elfewhcrc, fhall be fubjecl, during faid quarantine, to the ordcs of the officer! authorifed to fee it duly performed : and fuch oflicers may enforce aJ ncceflary obedience to their orderi. 1799 : health, of the nods or mcrchan- th;it purpofe, it the Overfeers of ill and fuflicicnt apothecaries, or id make effcdual infected perfon lairin.!;, of goods Overfeers of the nor, Lieutenant- 3f His Majefty's fo liable to per- all other pcrfons lazarets, as (hull vay or dwellinrj, nd all ncceflaries ■ able : and fliall aired, at the ex- happen that any ncc Ihall be in- uunt thereof be- for the county ing adjuftedthc cliarge {hall be Jr,. Lieutenant- e faid Juftices. •xut'y^n anyor- 1, to caufe and merchandife me of the faid eption offuch according to itine as afore- otice for that appointed for e fame, before to fee quaran. ■efpcclivcly to ed for him or : as aforefaid, and alfo every or, and be pu- b forfeit ar.u 3s, lazarets or iulhorifed to ;nce io their orders, '799 Anno tricefimo nono Georgii III. C. III. orders, and in cafe of necelllty may call in others to their afCftance': and all perfons fo called arc hereby required to alfift accordingly. VIII. Jnd be it further ena^eJ, That if any perfon, not liable to perform quarantine, fhall en- ter any houfe, tent, lazaret, or other place fo appointed as aforefaid, whilft any perfon infefled, or under quarantine, fliall be therein, and fhall return, or attempt to return, from thence, ex- cept in fuch cafes, and by fuch licences, as fliall be diredlcd or permitted by fuch order or or- ders to be made as aforefaid ; the pcifons appointed to fee quarantine performed, may, by fuch force as the c?fc may require, compel fuch perfon, fc returning, or attempting to return, to repair into fuch houfe, tcnt,lazaret, orotherplace fo appointed, there to perform quarantine : and if fuch perfon ihall actually efcape thereout, before the full performance of fuch quaran- tine, he or flic fliall fuffer fix months impr'fonment, and fliall alfo be fined in a fum not ex- ceeding fifty pounds. IX. And be it further enaded, Tliat if any i.-'^cer ov perfon to whom it fliall appertain to ex- ecute any order or orders concerning quarantine, or the prevention of infedion, fliall be guilty of any wilful hieach or neglect of duty, every fuch perfon fliall forfeit his ofllce, and : 1- fo the fum of fifty pov. ' «ie half to I lis M^jefty , and the other moiety to him or them who fliall fue for the fame, by'f"''''^'"'^'»f debt, bill, plaint or information, in any Court of Record in this Province ; and if any flft^ inch „,. ^^ perfon, or any other perfon or pcrfons vi'homfocvcr, il.all wilfully embezzle or damP°°'^.^'^Voods perfo'-ming quarantine, he, ihe or they, fliall be liable to pay treble damages, and?""-^^ *'' ^''"-fuits. And whereas it hath been cxpericnclJ ''^^ ,^cloaths, wearing apparel, and hovfJ. old goods, that have been rfed by perfons infcilcd wl'.^ ■ ■ S'^*^ 'rr, or other contagious difcafe, or which have come from places infixed with the faid ftvtr orStj^fj^^^jnore cfpccially liable to retain and caniniuni- cate infnion : ^ ^ X. I^is hereby further ena^e l,ThAt when sny fuch beds, bed cloaths, wearing apparel or houiliold go ids, which have been worn or ufcd by any infected perfon, or imported from pla- ces infected as aforefaid, fliall be found on board any ftiip or vefTcl, or in any houfe or place Avhatfoever, it fliall be lawful for any two of His Majcfty's Julliccs of the Peace, upon notice, nnd due proof thereof, by ihw* oath of one or more credible witnefl'os, to caufe fuch beds, l)cd cloaths, wearing appircl or houihold goods, to be burnt, or otlierwife to be delivered to the proper ollicer, in order that they may be aircJ or purified in tli; f^uie manner as goods liable to [jcrfurm quarantine. XI. And be it further enabled. That when any fliip or vcTcI, perfon or pcrfcn.?, goo.'s or merchandife, obliged to perform quarantine as aforefaid, fliall have duly performed the fa'.MO, theyfiiall be f-' d from all further rcllraint or detention, and the dii-jf oili^cr funcriiitcndli;g the quarantine ihall certify the fame, and that fuch fiiip and vcffel, perfon and pcrfiu'.s, gooils and mercha/idifc, are free from infection ; aiiJ if any fuch ofilcjr fliill knowingly give a filfe cc: filicate, he fhall be a.iJLi.l^-.\l jruilty of ftlony, williout benefit ufdcr^y. XII. And Ik' it further i::.\did, Thit if any perfon or perfons fliall knowing!) , or wilfully, con- ceal from the LeaUh-onkcr, or perilms fii peril. tending the quarantine, or II; lil clandcftiiiely CDnvcy any K-tters, gcodsor niercliandlfe, fr(!m any (hip or vcllel liable to porforni tjMarantli\c, or from at; y [;.! \ce where p-.rfons or p:(ii;ds fnall lie ['crforining quarantine, every fuch pcrlbn liiallbc adjad^tJtxuilty of felony, ^^iLlKnU benefit ()fc.l.'r;:y. XIII. Audit ii firlher en,;^'.d, That whcuivti tho Governor, lajutcr.ar.t-Govemor. or Comuiandcr in Cliief for l!ie li.nc bi'ing, of ilii.-, Pi' vvuice, fliall make any older coniti'i.irg (jaaranline, and the prevention of ii-.ioaion, and ntv.ifv thcfarne b/ proclamation, mi- c.uifc it t ) be pubiiihed In the Hoy il Gaitelte as aforefaid, li.ch proclainaiion, or orJcr in Coiircil, fha!! be pu!>;icly read Ujoon the next ounday aficr receipt of the lanio, ai d the f;vu8ui-,di) in e Qj.iiimii c huw 1^ 0^ iii..it.. churches, and o'l.cri'Iaw^jfet anui lor di\i..e \, oiUilp, la tli; \ ; (/ 404; C. III. Anno t iiiaki" • a f.:f.L- cieiit rt'i>uu. Appointment of faealth-uflicers. Ai?tion commen- ced iigainlt a pcr- fon proceeding under this Ait. XIV. yimi be It further ena^e/L,ThAt w.ficnfocvcr after th(? ^^ublicatioa of llits Act, any fl«p or. veird (hall arrive in any port, harbour, river, creek or place^ within this Province, . from: any country, port orplace whatfocver,. which is now, or-fluU hereafter be, infected with the yclloiw faver, plague, or any other peflilentiul diieaf&j or if there fliall be, or flwU have been, during the voyage of fujch (hip or veflbl, any yellow- fever, plague, or other peftileiitial diiieafe, on board faid fliip or vclfel, then, and in fuch cafe, if the rnafter thereof, or other perfon having the cliargeor command of fuch flilpor veifol, (iiall, on any account whatfoever, land, or come on {hore himfelf, or go on board any other boat, fhip or veffvl, or (hall permit or fufter any perfon whatfoever to coniexm fliorc, or land from faid {l«p or vcfibl, or go on board any o- ther fliip, bo;it or vcirel,or any letter or leiters, goods, wares or merchandife whatfocver, to be put on lliore, or. on board any other fhip, boat or veflcl, or fliall permit or fufl'er any . perfon or pot fons whatfocver to come on board fuch fliip or vefTcl, until fuch fliip or vcffel (hall be vifited and examined by the health officer asaforefaid, or if the mafter, or perfon having the command of fuch fliip or vcflel, fliall conceal, or keep fecret from fuch healtli ofllccr, the true Hate and condition of the health of thfi inhabitants at the feveral ports or places where fuch fliip or veflel fliall have been during her voyage, or the true ttate ^riftanp^i'i"^^ °f h** °^^" health, and the health of thofc on board, or who were on boar(|^?or ma-**"^ during the voy- age of fuch fliip or veflel, or the true flate and condition of tl\(^fe(j ^r^'f '^^^ people on board of any flilp or vefleh which the mafter, or any perfon on boai;fllccr, the true s where fuch )Ji of his own ring the voy- >le on board uf i\, might have itrue informa- )'pqrform qua- tU neglect or quarantine, or r any perfon r, to be taken ntinc, or any s'ith the pcr- ittcr,. or perfon ice, a fine not f. Lieutenant : of His Ma- ; pleafure, in may be deem- s fliall be duly crein contain- to execute all mcerning the this Aft, into :e Treafury, a 'ingthis Act, exhibiting a its refpcdive ;d agalnft any r defendants 1799 Anno tFictfuno nono Gborgii IIL CAP. IV.. a IV. 405 Preamble. Arpniiument of u Kct'iKT anil Suigenn to the rj^i-lloufe. ReRiilation and infpeftion ot Cv Poor-Uouft. An ACT .'a atldltion to an A£l, made in the third year of His prefent ,^ .^^^ ^ ^ fciiit Majcily's Reign, entitled, An Ad to enable the Inhabitants of m I'oor, lee the fevcral Townlliips in this Province to maintain their Poor. 4th oto. jti wp- WIIF.REAS it hath, been doubted -whctberths jurifdi8ion of the 'Jujikes of the Peace, in their Sc//ionSf CKtsndf to (ontroidand dircil the expenditure o/nionies co/Ietlcd/or the uje of the poor, and ta exawin? andclMk the accounts of the Over fan of the Poor : I. Be it therefore enuQedy by the Lieutenant-Governor , Council and Ajfcmbly, That, from and af- ter the publication hereof, it fliall and may be lawful for Juftices pf the Peace for the Coun- ty of Halifax, from time to time, at their refpedlive Sefllons, to nominate and appoint a keeper of the poor-houfe atilalifax, and a furgeon to attend the poor therein: and to make fuch bargains and agreements, with fuch keeper and furgeon, as the faid Juftices fliall find expedi- ent, as well for the benefit of the fuid poor, as for the general advantage of the inhabitants of the faid county. n. And be it further enaElcd, That it fliall and may be lawful for the faid Juftices, at their refpe Majcfly's Supreme Courts, before trial or judgment given there- in, on the application of the defendant or defendants, and, after trial or judgment, on the ap- plication of cither plaintiff or defendant, or plaintiffs or defendants, upon condition that before fuch writ or writs be allowed, the perfon or peifons applying for the fame (hall file fpecial bail in His Majefty'-s laid Supreme Court, with fuch fuillcient furcties as the Judge fliall approve of; and fuch writ or writs, when fo allowed, (hall iffue from, and be figned and fealed by, the Pro^. thoiiary of the faid Supreme Court, or his deputy in any part of the Province. V. And be it further enaffed. That the Circuit Court for the County of Cunibcrland, flnll be held at Amherft on the firft Tuefday of June, annually. \ tW Pre.r.ible. Tniif of I '(t- rn G n -ra f.. f- (ou«-!>(' lie Peace t H f...n. CAP. VI. An A'' T for alteiing the time of holding the Court of Common Picas, and General SefTions of the Peuce, and for chufing Town Oilicers for King's County. 1F]|7MEREAS thiilaii 'if ho'Jiugihe Ccuri cf Common Picas, and Gcrcra! S>JJhr.i of the Peace, V V f'''' i'^ii%'* County^ auJfr ihufin^ Ti^'ujn-Ojjucrsfor the tcfpctiive 'I cv-njlyips in fiid County., },,c If.-, fi,'und inconvenient : I. B it l':cr,.f'.rc enured, hy :he l-i'uic"/ir;-Cr,rcrrcr, Crt:rcil ard /fivlh, 'lliat firm ard af- ic\ i:.c publication l.ercof, the faid Courts of Ccit r-.on Pica?, rrd tlic I curt of Ccr.cral Siffi- ! c;f thi- Peace for the faid county, fliall Lc held, in each }c;,r :;t llcrtcnjon tl : third Tiuf- ('.jy. 1799 Anno tricenmo nono Georoii III. C. VII-VIII. 40: day of June, and firftTucfday of Oilnbcr ; any Uw, ufagc or cuflom, to the contrary not- witKftanding. II. And be it further enaaed. Tint at the Court of General S^fflions of the Peace for the faid ^i"!o°£'i|'!'o'i. county, which will be held as aforeliiid, on the Crft Tucfday of October next, and thereafter in King's coumy. each year at the 0«.^aber Sefllons, the Grand Jury fur ftid county fliall nominate, and the Jullices fliall appoint, town-ofllccrs, and It jrulatc thofevcraltownlhips of the faid county, in the fame manner as is by law directed, and has ?Xcn heretofore accuftomed to be done, at the firft General Sefllons of the Peace in each year for the faid county. And the town-officcr^i, for the feveral townfhliw ofCiid -county, alri may not he wanted for thefaid Govcrlimcnt-Houfe : and the monies, thence arifinp:, fliall lyc applied, by ihe faid CommllUuncrjj tj and for the ufes of the faid Governn;i.'i.f •Ilcuil-. ■ IV. 'J'!:e eii..'!!o:i til Public Hi.iltlii'.ys tor littins ot'(ie- r«ia! .*.iT(;n'l>iv, (\r.t.ibi Jtfcried and a hoiife tor tlu' aixonirnoda- tion oi tliw- lio- V. nui built. Corernor '.o an. point Cop'n.iill- (j.,ti*, to i'.:iK-:iii. liiiiJiaidbuiiJirg M.iteri.ilscnll':-!)- eJ -for r^il-.'.c HiiiliiipS to iw \ikA U>v Govtin- in.,ut-H2rie. liiMk 1799 Anno triceiimo nono Georgii III. ex. 409 IV. And be it further ena^ed. That the faid Commiflloncrs, or the major part of them, with the approbation of the Governor, Lieotenant-Governor, or Commander in Chief for the time being, may and fliall determine upon, and purchafe, fuch and fo -many lots of ground in the town of Halifax, contiguous to the faid lot of ground lately purchaOed for the range ofpublicbuildingSjasmay befufficieiit and fuitable whereon to eredt a houfe for the accom- modation of the Governor, Lieutenant-Governor, or Commander in Chief for the time be- ing. /'r0v/e Prtvince^ and whereas // is highly expedient that afufficient number of fuflices Jljould attend at faid Courts, to tranfuil the public buftnefs of the feveral Counties, and to regulate the important conarns •which are by law entrufied, and madefubjed, to their controul andjurifdiction : I. Be it therefore enabled, by the Lieutenant-Governor, Council and Afjembly, That, from and af- ter the publication hereof, the Clerks of the Peace for the feveral Counties of this Province, fliall, at every Court of General or Quarter Seflions of the Peace for the refpedive Counties, and on every day of the meeting of faid Court, enter into a book, to be prepared for that pur- pofe, the names of every Jufticc of the Peace who (hall attend at fuch Court, and aflid in the bufinefs which fliall then be brought before the' faid Court, and if any fuch Juftice of the Peace fliall leave the faid Court before the bufinefs of the day fliall be completed, or without obtaining the confent of the major part oF the Magiftrates then fitting in faid Court, his name fliall not he. entered in the faid book fur that day, but fliall be omitted as though he had totally abfented himfelf from fuch meeting. II. And be it further enacted. That the Clerks of the Peace, for tlie feveral Counties where the Supreme Court ufually fits, fliall, on the firll diiy of the fitting of the faid Supreme Court, in therefpcctive councics, next after any General or Quarter Scfilons of the Peace for fuch county, return into the Cud court, under his hand, a!iit of all fuch magiftrates, as have wholly neglected to attend at fuch preceding Seflions, ami the feveral Clerks of tl;c Peace for the counties, or diftridls, where the faid Supreme Court docs not (^rdlnaiily fit, fliall, within fix months after any General or Quarter Seflions of the Peace, for I'udi county or diftrift, make a lifl in manner aforefaid, of all Magiruatcs who fl^.all have mgl.-rtc J to attend at fuch Seliljnns as aforefaid, and return fuch lift into the faid Supreme Court at Halifax j and if any PrMTble- Clerks of the Place, at ever/ Court of Stffi- ons, to note in a book, the atten- dance of Juftice* at fuch Court. JuOires leaving the Ccuit before the bufinefs w con)pletert to b.: entered a: ab- fcnu The names cf Jutticcs net;!e<5t- tn^ to attend C iiirt of Scdion, t') be vciurned to tlie Supreme Court, by Clerk of the Peace. Db Maj^iftralc IQ Th^ rnmfj of .lull Vts nogleil- i 'R of (IlltV, to ) r iiiiiiieJ to tlip Governor, & I > moved from oiKce. Clerk to forfoit .0. ioc neglect liicrcuf. Jufticei to be iljinmorietl to at- tend theSuprcnie C/uurc. a xi-xii. Anno tiiccfimo nonp Georod III; 1799 Mngiftnitc wliofb name fiiall I c included in any fucli Hits, fliall not give ro the fuid Court a jcalhnablc cxciifc for Iiis non-attendance at the laid Stflions, the faid Siiprcn c Court fliall, and is hereby required to make a return under the I aiul of tijc Chief Juliite, or llic prchding Judge of fuchSuprct:>ie Court, to the Governor, Lieutenant-Governor, or Cuniinander in Ciiief far the time being, of the namcsof fuch Jufticca of the P*i,xeas have neglcfted, witliout fuflicicnt rcafon, to attend at I'ugh General or uif-:it tlie Une iicn.illv ill lor Piling wilh- uut iikiri).-;. Perform (tilirtn liijuii- .It iliflVi- nil pi^cei under one liceiifc, to furtcit the fitiiic pfn.ilty aj ".it 1'''lliny witliOJi c xin. Auno tricefimo nono Georgii III, 1799 »7! M.tnn'r of pro- rerdingongiADt- :Dg licenl'c;. Duty to be p»i J by the perlbni keeping] licen- ced huufes. Juftices iipp^w- ered to grant lU c<;fires gratis, to perions living on reKlo:i-oad:,&c. therefor, fli:ill prafumc tohanp out, or fufTci' to remain^ any fign or infcription *liatfocver, importing, thatruin, or other diftilled (pirltuousliciuors, wine, ulc, beer, cyder, or perry, arc there fold, otherwiic th.in by vvhololalr, upon proof tiicrcnf, in manner ami form herein dc- 1' ribcd, fuch perlun (hull be fu<)jc>5l, and liable, to tlu: tike, penalties and forfeitures aa pcrfons convicted of fcllinj:; fpirituous lit|Uor3 without licence. IV. And be it further citii^cdt '1 hat if any pcrlon or pcrfom, eithtrr by thonf/ivcs or their wives, or any of their children, or known or reputed fervants, or fubAituteH under them, di- rectly or indirecftly (hall prefume to fell any rum, brandy, wine, ale, cyder, perry, or other ftrong liquors, mixt or unmixt, by wbatfoevor name or names they are op may ba called or diiUnguWhed, by virtue of, or under pretence of, licence obtained at in thi» Ad is directed, in any other place tlian at the houfe or place where fuch perfon or perfons thcmfclves (ball, bona fide, aclually and confbntly refide and dwell, upon convidion thereof, fuch perfon or perfons Ihall be fubjedf, ^nd liable, to the like pains anil penalties as perfons conviclcd of felling fpiri- tuous liquors without licence : and tlic famclliall and may be prufcvUtcd for, paid, levied and difpofcd of, in like manner as is dirccle^l by this Ac>. V. And he U further encded^ That it Ihall and may be lawful for the Grand Juries of the fcve« ral Counties and Diftrl(5>s of this Province, and they are hereby required to nominate and re- commend to the Jufliccs of the Peace, at their General or Quarter Scillons tor the faid counties and diftricis refpcc'^ivcly, Grft to be held after the publication hereof, and at the fpring Sefli- ons annually afterwards, as many fit and proper perfons of good fame, and of fobsr life and converfation, as they (hall judge neceflary to be licenfed to fell fpirituous liquors, or to keep taverns, or houfes of public entertainment, in the feveral town*, and on the feveral roads, of this Province, lying within their rcfpeclive counties or diftricls,fctting forth, in fuch nomina- tion, the feveral towndiips, and the ftFcet», lanes or road^, in or upon which the faid perfons refpec^ively dwell \ and the Juftices (hall, out of fuch lift, at their next General Seflions of the Peace after the publication hereof, and at the next fpring Seflions in every year afterwards, grant to as many of the perfons fo nominated, as they (lull fee fit, licenfes to fell wine, porter, beer, ale, rum, brandy, and all kinds of fpirituous liquors, and (hall then and there caufe each, and every perfon fo licenfed, to enter into a recognizance, with one good and fufficient furety, in the penal fun> of fifty pounds, that he, (he or they, (hull well and truly comply with, and yield obedience to, the laws of this Province already- made, or to be hereafter made, in relation to-perfons licenfed to fell liquors, and (liall keep and maintain good order in the (aid tavern, or houfe of entertainment, and (hall not fuller any- raflle, or raOlcs, theufing, or playing, of any kind of game, or games, whatfbevcr therein, aAd (hall.duly pay into the hands of the Clerk of the Licenfes, Ins, her and their, quarterly payments, within ten days after fuch payments (hall become due, and the Cierkcf the Licence, where fuchliccnccsfhall be granted, fhall receive for his fees, fromeach perfon fo licenced, for the licenceand recognizance, fivefhillings, and no more. VI. And be it al/o enabled. That each and every perfon, to whom licence for felling wine, ale, cyder or perry, rum, or other diftUlcd fpirituous liquors, within the peninfula of Halifax, (hall be granted, fhall pay for the fame the fum of fix pounds per annum: one fourth part whereof ,,(hall be paid to the Clerk of the Licet»ces, on or before the granting of fuch Licence, and the remainder to be paid quarterly^ three months in advance ; and that there (hall be paid by every perfon who (hall obtain licence, as aforefaid, in every other townand place with- in the faid Province, three pounds per annum, to be paid quarterly, and in advance, as afore- faid. Provided always. That it (liall be in the power of the faid Jufticcs, in their General or Quarter SefTions of the Peace, from time to time, on the recommendation of the Grand Jury, and at the difcretion offaid Juftices, to grant licence, or licences, gratis, to any perfon or per- fons living on roads, which are remote, and little frequented, for the encouragement of fuch perfons, keeping houfes of entertainment on fuch public roads, for the accommodation of travellers. VI J» ' A .''■t J 799 Anno tticcfimo nono Georcii IIL C. XI i I. Vn. And bi it further enaHeJ, That the Jufticcs aforefaid fliall.ontlie firft d.iy of their fprliiR Retnnn^ of the Peace, appoint one certain diy, daring their laid (jiring iicQiun, whereon to grant licences asi aforefaid : on wliich day the Clerk of the Licences Uiali, and in hereby re- quired to, attend the faid JulUces tn receive the quarters advances from the fever.il p^ rfonii li> cenfcdas aforefaid, and to take a liil of their names and places of aboilc, and ail licences ;r ran ted at any ether time, or in any other manner, (hall be void. Providtdt That if any icifuii or pcrfbn!!, rocommendod a» aforefaid by the Grand Jury, (hall neglect or refufo to at- tend on the day or days to be appointed ao aforefaid fur the granting uf licences or Ihall ner^'ecl or rcfufethen and there tn enter into recognizance, with one furety, at> herein before provided, or Ihall nut pay, to the Clerk of the Licences, one fouttkpart of the faid licence mo- ney in advance ; or in cafe any perfon, liccnfed, ihould die, or his or their licence be taken away, or otherwKe become vacant, then, and in all fuch cafes, it Hull be lawful for the faid Juftices, at any time, during the fame Sctlions, or in any fuccedding Sefllons, to'ipp.iint, and grant, fuch licence or licences to any oth«r perfon or perfons oNgood fame, and a fobcr life, living near the perfon ■whole licence may become vacant a* aforefaitl, or li» ncglecling f)r re- fufing to comply with the conditions reiiuired by this Act, he, flic or they, 16 to bo llcenfed indead thereof, giving the fecuiity, aiid payirgthc fees and advances, hereby required. VIII. And be il further eiui^eJ, 'I hat the iaid Judiccs Ihall not grant a tavern licence to any perfon (except in the town of Halifax) unlcfs he, fhc or they, (hall keep a houfe of public en- tertainment for travellers : and every perfon, obtaining fucl» tavern licences, Ihall caufc a fign to be let upover or near the door of fucli tavcin, with his or her name thereon, and a ^^lain infcription, fetting forth, that entertainment may be h;ul therefor man and Iioiie, and Ihall alfo keep and have in- his or her houfe, two ;ood beds, over and above what may be requirctl for the lodging of his or her family and fcrvants ; and fhall alio be futliciently provided wiih good and wholefome victuals, and drink, for the accommodation of travellers,, and with Ha- bles, hay and provender, for horfcs.indcfauUwheicof itlhall belawfulforthe JuUiccsinSeflions, on complaint thereof, by one or more witnelfes I'lxjn oath, to take away fucli licence as forfeit. IX. Andbe it further enabled., That if any tavern-keeper, retailer of fpirituous liquors, vint- ner, or other perfon, keeping a public lioulc ui entertainment vithin this Province, (hall, on any pretence whatfocver, fuller any iliforJcrly pcrlbn.s, or any hired man, or woman fervant, apprentice, male or female, or any perfon or perfons under the age of twenty-one years, to relbrt to fuch tavern, or public houfe, ;i.t any time or times ofthcday, or night, througliout the week, there to idle, or i lifpend, hi*, iier or their, time, or to have any liquor to drink therein, or (lull entertain, or fud'er, on ihc Lord's Day, any of the inhabitants of Halifax, or of any of the townsrrefpectively, where fuch' tavern keepers, retailers of fpirituous liquors, vintners, or other perfons keeping public houfes of entertainment, refpeftively dwell ; or o- thefs, not being ftrangers, or lodgers, in fuch houfes, or fuch as come thither for necelTary dieting and viftualling only, to abide or rcjnain, in or about their dwcUing-houfes, drinking, oridly fpending theirtime ; it (hall be lawful for?ny one of His Majcfty's JuUiccs of the Peace fov.the county, either on his own view:, or on the information of one credible w itiiefs, to caufe the perfon or perfons, odending againit this claufe, or any matter or thing herein contained, to be apprehended, and committed prifoner to the county jail, unlefs fuch oflen- dcr, or<^ender8, fiiall enter into a recognizance, before fuch Juftice, with one or more fulHci- ent bondfmen, for his, her, or their, appearance, at the next Gnicral Seflions of the Peace, there to anfwer fuch complaint ; and, in the mean time, to be of good behaviour, and alfo^ to bind over the witncfs, or witne(res, to profecutc at fuch Seflions : and it (hall and may be lawful for the Grand Jury, of their own knowledge, or on the information of one or more credible witnelTes, to make prefentment, or to prefer a biU of indictment, agaiuft fuch oiTcn- der, before the Jufticcs of the Peace, at their General or Quarter Seflions for the county, or diftrici, 4'3 JiiflirnitiSpii' hi llioiil, tu . I \ni\n\ t (Uv lur the urmtinji of' liccnl'cs I 4iidic- ccivinc ihi.-i|u«r- tCl't UUVidlkC. Prilor'i m min.i. tcil iiijl 4ticnit- ing, (T iichIpi:. iii« t') l.ik' out liLiiicr, or lii.i.n> icJ ptjljon tlv ■ ii'g. ixhcin ni«* br licunccti m their U«;«l. .\JI pfrliin", (TT- cep* in H.illFH'<, (h.ill keep hd'ii. t for tlioentertim. ment ol ii*»lI. leri. Perfsni »buling theii licence, by li::Fcring dilor. deily peifjiji, fi tTiiiHs and ap- prciulcc-8, orpvr- funs undtr twcn- otic yens of .»m', to frequent their hoiilesiur lul.avc any liijuor drank there, or who fuffer perfons to rtlort to their houfe', on the L ird's Diy, &c. to forfeit their licence ; as idl'o the iniiiunt ot tlieir boi.d and fureties, 'in con- V'L'tioii ^t \.\v. Scflior.i. 4'4 C. XIII. Anno tricefimo nond Georgii III. 1799 IP IVrfonj lie ■ ■ 1 to have the lii... ami ninth fei'H- 0113 of this Act, p!.>ccJ conlplcu- oudy in ihsir hnults, or fuileit their licciiftf. Shop Licences iii.iy be grantc! i'or the liileof ii- duor, but net to b- Jr.nic orcon- l'.:nii.d in the !!.op, &c. Perfjns nC.'^7, rorfaiy to ivxh lic-nce, to f >rftit the liiDe ptiiiiilty as tor felling wiihuut licence. PiTfonj t«kir.g out iuth liccnie. to Have tirs lee- lien phrcd con- fpioiu.uHv in lh";ir Ih.op, Ccntiriwpre rf Ii^CilCi'5 liK'caf- tvT cr.intei! to be lor ur.- ye-i" This .M\ not to ex- ■..'111 to n'.cr- ch.r.'.s, ;ini) c- th IS !clli:^g li- q'.iur by the gil- lon. 1?c;r";iis refurr.,'; to st'crd. \- litii 111. luoju'd n diftrict, where the oflence ftall have been committed ; and fuch tavern-keepers, retailers of ipiiituous liquors, vintner, or other pcrfon, keeping a public houfe of entertainment, bein^' duly convicted ly the verdict of a jury, upon fuch prcfcntment, and indiflment, fhal! forfeit his licence, and fliallaJfo pay the penalty of his; her or their, bond, or recognizance, taken purfuant to the fifth feckion of this Aip of Halifax, the fum of four pounds per annum ; and if refiding within any oth«r town- fliip or place in thi,,- Province, the fum of forty {hillings per annum, and five fliillings to tlte Clerk of the Licence for making out the fame : which jiaymcnt fliall be m.ade in advance in manner herein before directed. Provided a Ivjjys, That if any perfon, fo taking out a fhop 11* cer.ce, flul! fell or deliver any quantity of wine, ale, beer, cyder or per«y, rum, or other diftil- Ica ijiritauus liquors, lefs than one quart, (the town and fuburbs of Halifax only excepted as aforcfaid) or (Iiall on any account permit or fufler any wine, ale, beer, cyder or perry, rum or other ftrong liquors, to be fold for the purpofe of being drank or confumed in his or her fliop or houfe : fucli perfon or perfons fo offenuliig fliall be fubjecl to the like profecutions, penalties and forf. iiures, as perfons felliiig fpirituous Hquors without licence. And every per- fon taking out fuch fliop licence fliall caufe the whole of the tenth fc(flion of this Ad, written or printed in a plain legible manner, lo be affixed up in fome confpicuous part of his or her fliop, and there to remain during the continuance of his or her licence, on pain of forfeiture thereof. XI. And be itfurwer cnaHed, That all licences which fliall be granted in the prefent year, by virtue of this Acl, fliall not continue or bt in force for a longer time than until the next cn- fuir.g General Scflions of the Peace, to be held in each county or diftriift in the year of our Lord one thoufand eight hundred : and all licences to be afterwards granted fliull continue and be in force f(;r one ) ear, and no longer, after their d.itcs refnedively ; and any perfon or per- Cinswho fliall continue to fell for a longer time, without taking out a new licence, fliall be fub- jeft to th., like profecutions, penalties and forfeitures, as perfons felling fpirituous liquors wiihnut licence. . Prov'ukdakcays^ That nothing, in this AcT: contained fliall extend, or be conftrued to extend, tci uiVA'cnt or debar any merchant, fliop-kceper or other perfon, not iicenfed to retail rum, or other diflillcd fpirituous liquors, wine, ale, beer, cyder or perry, from felling any quantity of fuch liquDr.s, no^ IcC, than one g;dl(.n, delivered at one and the fame tin*.c. XII. A-:d b: it furihcr cna^'-d. That when any information, prcfcntment or indictment, fliall i? msde agalnfc any perfon or perfons, oflending againlt this Act, and any perlbn or peri fiuU imrndned to ;;^iv e^id^nce relative theieto, and tJiat any fuch per(bn fo fum-' monccl. »79^ Ts, retailers of inment, bein'v t, flia!! forfeit nizance, taken tavern -Ictepcr, entertainment, inted in a plain :r tavern j fliop, tcrtainment .of r,; retailer of ent, fliall hold J, the Jufticcs SeiHunsofthe is, wares and lied fpirituous : ; (the town aving fljop li- m • time") and thin ♦he town- y othsr town- illings totlje n advance in >ut a (hop li< •r other diftiU >nly excepted r perry, rum n his or her proftcutions, nd every pcr- Acl, written i his or her of forfeiture ent year, by he next cn- year of our continue and erfon or per- (hall be fub- ious liquors d to extend, ;ail rum, or ' quantity of indiclment, 1^ pcifoij or ion io fum- nionccl, I '7^9 Anno trlcefimonono Georgii III. C. XIII. moncd, (hall neglect, or rcfufe, to give hi'!, or her, attendance, at the time ^'v^ place men- tioned in the iummons, not having uny juft caufe therefor, to be allowed of by llie jufticcs be- fore whom fucli information, prefentment or indictment, fljall be made, orfhall^wilfully with- draw himfelf, or herfelf, before fworni c»r fliall wiUVUy M;fufe to be fworn, or (lull refufc to give bis, or her, evidence, in every fuch cafe the party foofiending, fhall forfeit and pay the iutn often pounds: to be levied by warrant of dillrefs and faic from the falJ jufiiccs on the ollendcr's goods and chattels ; and for want of fuch diilrefs fuch ' perfon oi pcrfons fliall be committed to jail, there to remain -for the 'pace of three months^ or until t. '-fiid fum often poinds IhalLbe paid; Provio'cdneverlbele/s, That noperfon fhall be obliged to give evidence on any infotnuition before fuch perfon be paid or fccurcd their reafonable charges for attendance : 10 be allowed of, and ordered by, fuch Jufcices and payable out of the monies arifmg by vir- tue of this Ad. Xil?. And ke ii further ena8ed. That all x'.". monies arifiiig froin the conviction of any per- fon or pcrfons for the breach of any part of tlii: Act, iha i, after deducting the charges of jH-pfecutijan, l)e paid by the Jufticej before whom the fame fhall be recovered : one half to the perfon or perfonswha {hall ifiform and fue for the fame, and the remaining half part to the Clerk of the Licences, to be by him accounted for and applied as herein after directed. ■ XIV. And be it further cnaBed, 'Ihat the Clerk of the Licences, for the County of Halifax, {hall 0|icc every quarter render a juft account of^ and pay into the hands t)f the Treafurcr of the Province, all fuch monies as fliall bcby-htm received, as well for the licence duties as for any fines and penalties incurred by this' Act ^fir{l deducting thereout feven and a half percent, for his trouble therein) : to be applied, under the direction of the Governor, Lieutenant- Governor, or Couimander in Chief for the time being, for the repairs of the public roads in the town of Halifax, or within ten miles thereof. * Frcvidcd always. That before it fliall be lawful for the Treafurcr of the Province to pay to any perfon or perfons, whatfoevcr, any fum orfums of nur.cy, vvhatfccvcr, out of the monies hereafter to be received into tiicTreafury ofthis Province by virtue of this Act, the account or accounts o'^ the expenditure of fuch money or monies {liallbeduly rendered on oath to the Juflicesof the Sefiions for the County (4 Halifax, who, by and with the affifiance of the Grand Jury c'"" faid County, arc hereby au- thorifed ard .iinpow ercd to audit and examine faid accounts, and to certify to tiie Governor. l^icuteiunt-Governor, or Commander in Chief for the time being, that it appears to liich juftices and Grand Jnry that fuch account or accounts arc juft and true, and that the smount of fuch account or accounts has been faithfully applied to the making or repairing the llrcets, loads or bridges, within ten 'miles of the faid tow^ of Halifax : which account, fo certified, {liall be annexed to the warrant for payment of the lame. And the Clerks of the Lit. ;nces, for, the other Countiet and Diftricts of this Province, {liall alfo once every quarter rcndc a juft account, and pay into the hands of the rcfpeftive Treafurers of fuch County or DiT' . idt, all monies and {ines received by them by virtue of this Act (dedutfting thereoui .cvcn and a half per cent, as aforefaid) : which monies are hereby appropriated, and {liall be applied by the Jufticcs of the feveral Counties or Diftrids of this Province, by and with the advice of the Grand Juries for fuch County or Diftri(ft, to the making, opening and repairing, the public roads, making or repairing bridges, or cftabliftting ferries, throughout the feveral Counties or Dlitricls within which fuch monies fhall have been coUefted. • XV. And bt it further enacted. That if any Clerk of the Licences, fliall neglccflto render fuch account, or to pay o« er the monies remaining in his hands', it the times, and in the manner aforefaid, he {hall forfeit and pay to His Majefty, for every fuel, ncg'ect, double the fum he {hall fo retain, to 1)6 recovered, and applied to the feveral purpofcs, Iiercin before appoint- ed by this Aft. XjVL And he it further cnaned, That the Clerks of the Licences {hall, and may, at fur.h tiii^^s * and 4'S p:vc c»ii1r'ncf a. p,ain<> oRerntr.', t(i fnrfcit lol. Mode of Kco- vciing penally. Nd p:rf(m« d'- blip'.'J tog.vd c- eviitL-Rcs until tlioir cliiirijes of attendance be paid. One half of tlie monks aiifing frdni forfeitu'ts under t!iis A>'t, to be paid to tlie p^'rfons inform- ing and proftcu- tintifiir thefame, and tlie other to th,.- Clerk of the Licence. Clerk of the Li. cenoe ?or the coanly of Hali- tax, tj account and |Mv n'.'.>ntv tJ llic 'rr,;i!ur'.r Ol till. PiOviiKf. Co'iinuul.jn 1.!- l.'wtii to tl.c CIcik. cl L'can- CfS. Licence Duty, cl the c> uiiiv of llalif.x, to go to the re- puir of roads, witlii ten mi:cs of Ii.ililax. Clerks oftiiel.;. cences i., other cciiiniies, lo ,'C- count in likt; manner to th? cjunty Trtafu- rtis, and therno- ncyto lie ai'vpli- ed by the jLl>i- ces to repair the roads, &c. within the feveral cjnu. lies and ciltriits. Penalty o" clc'k's ncglet't" irj; toacc'iuat 6; pa', money. 4 i6 C XIV-XV. Anno tricefimo, nono Georcii III. ^799 Clcks ol Licen- I'd lu vilit U- vci ni, and to ke tins /\ct L4iikd into execution ; •lUb tu be i'worn. Pertiins inter- rupting Clerk tu Ik.' punifhcd. GoTfrnor to np- pi int Clerks ot l.icenti. it Hali- fax ; in ilicotbc-r Countits to be appointed by the Siiliucs. Tavern keepers not to fell met- clundiie. On negleiS of quarterly pav- nients, Cleik to fue bond before a Jufticc. A^T mbere^d on lirltd.uct ipriri; Si.fliors. C'lntimiajon of A&. Coiitirue-.ibyfuli- fcquent Acis to .lilt l\c. i8oj. and periods as they (hall fee fit,vtfitthe taverns, retail (hops, and public rooms, bf -ptfrfons holding licences, to. fee that the fevcral provifions of this A{t are complied with, and IhaUaiid may, and are hereby required and commanded, to profecuteall oiTenders againft this AA, and (hail be fworn faithfully to carry this Act into execution, to tlt«. bcft of his or their power and ability, and to difcharge honcftly and ju(^ly, all the feveralduties herein and hereby impofed On him or them. XVII. And be it fur tfjtr enabled. That in cafe any peffon or per Ions keeping taverns, retail (Iiops, or public rooms, or any perfon or perfuns being in or about fuch tavern, (hop or room, at the time the Clerk of the Licence may be vifiting the Tame, (hall interrupt or a£Eiult the faid C'lerk while in the execution of this Act, the laid perlbn or perfons. fliaU be liable to be iiidifted, and, if convidled, fined or imprifoncd for every fuch oiTencc. XVIII. And be it further enaSled, That it (hall and may be lawful for the Governor, Lieuten- ant-Governor, or Commander in Chief for the time being, to appoint, during pleafure, the Clerk of the Liccnfes for the town and county of Halifax, and for the Grand jury in the feve- ral other counties and diflriclk in the Province, (o often as the oOIce of the Clerk of Licences, in fuch county or diftricl, (hall be vacant, to return to the Jufticcs in their General Sef- (ions, three fit and proper perfons to fill fuch office, one uf whom, the Juftices in their faid Seflions, (hall appoint Clerk of the Licences for fuch county or diftriifl, during pleafure. XiX. And be it further enadcdt That it (hall not be lawful for any tavern-keeper within this Province, hcreufter to fell, vend or cxpofe to faie, in or about his, or her tavern, any goods, wares or merchandize whatfoever, other than the victuals and drink necelTary to be ufed and confumed, and which are ufually ufed and confumed in taverns, nor (Iiall it be law- ful for fuch tavern-keeper to fuffer the (ame to be done ; and any perfon or perfons offending againd the provifions contained in this cUufa, (hall forfeit and pay the penalty of twenty pi^unds for each and every offence ; to be recovered and applied in the manner herein ladbe- fore mentioned. XX. And be it further enabled. That fo often as one quarter's payment for a tavern or a (hop licence (liall be due, and unpaid to the Clerk of the Licence ten days after the fame (hall be due, it fliall and may be lawful for the Clerks of the Licence, to bring an aftion on fuch per- fon's bond, againft himfelf, or his or her furety or fureties, before anyone of His MajeAy's Juftices of the Peace, for the amount of fuch quarter's licence duty, and fuch Juftice (hall give judgment for the fame, and grant execution for fuch quarter's duty and cofts againft fuch debtor, and his or her furety or fureties. XXI. Arid be it further enaded. That this AJ (hall be publicly read by the Clerk of the Poace on the firft day of t.ie fpring Seflions, in every county throughout this Province. XXII. And be it further ena^ed,Thzt this A£t (hall continue, and be in force, until the thirty firft day of July, which will be in the year of our Lord one thoufand eight hundred, and no Jonoer. o CAR XIV. An ACT for reviving, and continuing, the feveral A6ls therein ^ '''"''• mentioned. Expired. CAP. XV. An ACT to continue in force the feveral A6ls therein mentioned. CAP. nm 1799 Annotncefimonono Gsoitcii III. C. XVI. 417 CAP. XVI. Ait for layitiR ' inipoll diit\' oh An ACT to provide for the fuppoft of His Majefty*s Government in this Province, by reviving, altering and continuing, the feveral Revenue Laws which were in force the laft year, and which are herein particularly mentioned. WHEREAS the revenue provided for ihcfupport of His Majcjifs Government in this Province the lajl year^ has been found fully fnfficient, and whereas the fevcrallaws luhich fecured tJafaid Pfcamble revenue to His Maje/ly, have been improvidently fuffercd to expire^ whereby the admin'i/lration of His Ma- jeflfs Government in this Province is much embarrajftd and ini/>edeJ, and great injury done^ and likely to je done, to His Maje/iy's Subjects : it is ther^ore deemed expedient to revive fuid laws as espeditioufJy aspcljible, and to eontinue the fame, with fome fmall alteration, for another year : WE, His Maje/Iy's du/iful and loyal fuhjeeis, the Houfe of Affmbly of His Majcjifs Province of Nev^-Scctia, mofl truly fenfible of the inumerabk bkffmgs and advantages ivhich we enjoy from the free and excellent Government under which we live, and unanimoujly determined, with our lives and fortunes, ttfupport our beloved Sovervi^n and His Government, and to mai^itain and defend the Brilifh Conflitu- Hon, under which alone true liberty can be enjoyed, do humbly befcecb that it may be cnaEled: I. A nd be it ena8ed,hy the Lieutenant-Governor, Council and Affcmbly, That an Ad, made in the twenty-ninth year of Ilis Majelly's reign, entitled. An Aftfbrthcbeticrfupportof thcpoor iiuhc refpedive Counties within thisProvince, by laying an impo''^ duty on all articles imported into ?rom',i'^"^ij'j^',[cd this Province from the United States of America. Alfo, an A> j"',' "f'^ "* fupport of His Majefty'b Government in this I'roviiicc, by Jayin/r an additional duty on wine, h.i\ tin pjv". rum, and all other articles therein mentioned, and for encouraging tfie agriculture, fiilicrics pol^,,t\v 'to" and commerce, of this Provirurc. Alfo., an Art, made in the thirty-fourth j ear of His Majelly's ycinnicrt.liyiii,- reign, entitled, An Ad to provide for tlie grammar fchool in Halifax, and fv«r other public |:1jv[Inwirc,\c. purpofes therein mernioned. Alfo, an Ad in ainendnjent of an Ad, made in the thirty-fourth ^^^ j^ P'niiie year of His Majefly's reign, entitled, An Atl in addition to, ar,d amendment of, an Ad, ma'.le mar Jtiiojl/'»t in thethirly-tliird vcar of His Miicriv's rci^n, cntit'cd, An Ad for "-ranlipa: to His IM.iicfiy '•''•-.•■" ccrtam duties on wme, rum, and other dillilled fplrituous liqaors, and brown fugar : tor tlie m.-mofAa, for purpoft of paying the interell, and reducing the principal, of the public debt of this Province ; ^^7,vr''^fo'^^-'"'* and alC) to revive, amend, and render more eHcdual, an Ad, paiil-d in the fame thirty-tl.ird ii-g tiic'iineiut ycjr of His Ahijefty's rcig ,, ei. tilled, An Ad f()r ^jrovi.llng f^ir the iupport of Ilii ivLij^jfly's viiMnlv^'^Wbtf ("overnmcnt in this Province, by Liyin-jan addition d duly on wine, rum, and other i\rt'cles *•'•«• '" ;init':id tl'.ercm mentionci.! ; and ror encour.igi.ig the agricu'.tuvo. fi'licru's and commerce, or t.r.s Vxri- pnvi.iii;:. tortiu vince. to anioiul, and coiuinue fir :y.\c ^ear, an Ad, j; iil'/d in the thirtv-tliird year of His Majcfty's r he Alf.),an Ad,pa!r,-d in the t'.,rty.revcrii!i \c:ir of His ''iLfjefty'.; ivhn entiilcJ, An Act i-r't-'"' «'t i;u- A?.. am-'iici ;\n rel.^n, entitled, An Ad f.ir Krai:iiuj to Ilis A^li-Jltv• o-naiu d'liies on win;, nun, and all other ') *' "^-f-^^ "!. .. \ " , O J . ' ' t!.|,' ; ■',; ycav ot dftilled (nirituoiis ILjuori, ai.^l Lrown \\\.x^\\\ f<-r th^pu'^pofe oFp.iyliig the inicrcrt, and redu- ll'. in-.gihe principal, of the public debt of i ii: IVd'.uncej and the Ad wIu.-C!)!' -I'le ic u an Itci.;-..!;; \t.' \> UiS R'a. IIK- Alfo, an Ad, p.iP.cd in the dime year, cn'"itl.-d. An ,\d trj revive, and c^ niinuo, j.in a-um du- ■nor I'l^ore ••• ^■' ''—' '^ " •^•'- ai''.c;id:i-.er.t an Ad, pafTed in t!ic thiity-third year of tlie rei_.;n oF Hi. ;nvre;,t M.iie:1; . oj'.'itled, An Ad p,,„, -;•. iiiamcrdmcnt of, aiuiln ad.iiiion to, an Ad, ir.iJ.'j hi flu- t^'iny-thi;-;'. yavi.f tlic rd_;^-n nfilrs -•*--'^'''. ••'•-'yl- lair M.ijclty, e.uiiled, \w Ad fur reguhitii^ ; and ni !'.nt:v!iu!i.; a r_,ht !.-..!'• \.;\ S.uiibro llland ; iJm; uaimMi^jhi and in addition to, and amendment i;f, an .\ 'l. pal!e-i In ih: iw-i.rv.'-'^'.ili v.:.ir 0:' His i:rc(ent '" i; b M-jcfiy's ■ .ilt'u lur .|i8 C XVI. Anno tricefimo nono Georgii III. 1799 1 Min;;iir.iH:IijIit IikmI; m I lie cn- l.iiice of the L.irbur of Sli^l- tunic. Ailh, Ait cm- bling oIfi,-fts i,f »licr..ivylocilit;iiii oniv.b.ic!; on wines by tlicm jnfurueJ, icvi- vcd. Piirclinfcni of priz; giioils -it public lale, and v.liioli arc liable t ) duties, to give bond tjr tiie a> tioiwt cl' the Unw. Duties on Teas iLduccd. No drawback al- lowed un cheex- puitution.otuus. Agents refident jt iiaiitax, recei- ving _ coiifign- Jiisiits f;pm mcr- cli.mts at o\ii, poits, of dutia- articlcs i'oi i'aie, nay receive drawbacks on tlie exportation Aft co!;Mnun '.Vtntworth, Baronet, Licutenant-GoTernor ; S. S. Blowers, Efq.Cliiof Juftire, and diffident of Counsil ; Richard J )hn Uiiiuckt. l^rj. Sp«uki:r of the Affj.nUly ; Jiines Oiuiier, Secretary of Council ; anU Jiimes B. Francklii\, Clerk Qi ASembi)', •i-ovincc fincc CAP. I. All ACT in addition to, and amendment of, an Ad, made and paffcd in the Firft year of His prcfent Majcfty's reign, entitled. An Ad for the repairing and mending Highways, Roads, Bridges and Streets ; and for appointing Surveyors of Highways within the fcveral Townfliips of this Province. BE it cnadedi by the Lieutenant-Governor, Council and AffnnbJy, Tliat when and fo often as any Comntiflioncr, or CommLlioners, for fupcrintcnding the making or repairing of roails anil bridges, fhall judge it ncceflfary, for the convenience of the public, to make, alter or enlarge, any highway or road through the enclofed, and improved, lands or grounds of any perfon or pcrfons, before fuch Commifiioner, or Commiflloncrs, fliail proceed therein, he or ihey fliall caufc a plan of fuch new road, or alteration, to be drawn out, and laid before two of His Majefty's [uftices of the Peace for the county or diftricl within which fuch new road, or alteration, is to he made ; arvd fuch Juftices (hall and may thereupon order the Clerk of the Peace, for the county or diftricl, to fummon a Special Scflions of the Peace, to be lield within ten days from the ifluing of fuch fummor.s, and the f.udtwo Juttices (h..ll lay t!ie faid plan before rue faid SclVions for inlpccliion : and if the Julilccs t!icn prefcnt at fuch Sclljoii.s, heing three at the leall, or the niajtir part of them, fh Jl approve of inch new road, or altera- tion, they fiiall then and there order a precept to be illucd to the Shcrilf of fucli county or di(lri(51,or his deputy, directing him to funnron a Jury of freeholders from one or more of the neighbouring tow r.{Iii))s, lying moft convenient to t'lc place whorofuch road, or alteration, is to be made, and fuch jury fliall becompofed of perff-iis having nointercft in, or claim to, the lands through which fuch ,road, or MUcratifm, is to be made, and not i ira.l •IS til? I'^'ll of t!'.'; public. Governortodraw (in \hi Trchiurv tijrtheaiiiomuot" conipenliition to owneisorienants as alio the ftes to SlieiiiFaiidJuruis l'i)nifiiment of any owner, or COTiant, of lands through which a loidistobemade obftiu<51ing per- i\ms iiiWng under Pcifbns fummon. td for ilis pur- poles of this Aii, i.egleifting or refufing to at- tend, to forfeit i05. darag"S to t!je o\vn?r or owner*. ..i 1 1 u nit or fenints, of fucJi hiul'), riCcordlng to their fcvjral intcff-fts, as the liiid Jury Ihail tliiiik ro.iluii.ible ibr the value of the lantli and iniprove- rinits made on fucli lands to be taken into liicii hi^^hway, as alfo for the cxpcnce to be iir.- •pcLLd wpon the mvncror-tenant for making fences or ditches on iliefideoii'ucii highway. W. yln.i be it furihcr cMo^tJ, Thatiif it (liovild Le found receirary to carry any fuch new road t!iroug!i waflc and uiiiniproved lands, and the owner or proprietor thereof Ihall fufFer, thereby, any fpccial damage, he fliall be entitled to have fuch damage afccrtaincd-, and be coinpenccd therefor, in manner herein before diiccled, ia the cafe of cnclofcd and improved lands. III. /^W M/V/w'/^frY/ a^tf^, Thr.t tlie verdict of th© Hud Jury, fliall be returned forthwith by-the Sherifl", or his deputy, to the . Clerk of the Peace for fuch county, or diihtct, who fliall, thereupon, fend notice to their refpetftive owners, and tenants, of the nature, and courfc, of the road to be made, or altered, through thrir lands, and of the recompence awarded them by tlie Jury, and alfo of the day appointed by iaid Court of Seflions, to conlider of the faid verdict, and if on fuch day no reaionaWe caufc be fl»cwn to faid Court, why the faid verdict fliould not be confirmed, the faid Court fliall conHnn, and record, the (aid verdict, and tho road, or highway, fliall be made, or altered, accordingly, and thenceforth become a public road, or Jiighway, for all His Majefly's fubje-^s. IV. And be it further enacleJt That it ihall be lawful for the Governor, Lieutenant-Gover- nor, or Commander in Chief for the time being, to grant hir> Wamnt upon the Treafurer of the Province, in favour of the perfon or perfons who fliall have obtained a verdict of a Jury iri manner aforefaid, for the fums awarded, in recompence of any lands fo required, and taken, for a pi'Mlcroad, or- highway ; and alfo for fo much money as fliall be fuflicient to pay the lawful tees of the Sherifl", and the Jury, fo employed about fuch valuation. V. And be k further enacted. That if any owner, or tenant, of any lands, through which any road, ot highway, fliall be direcTied to be made or altered as aforefaid, or any other perfon or perfons whatfoevcr, Ihall molef., interrupt, or difl^urb, any fuch Commiflioner, or Commif- fioners, orany perfon or perfons employed by him, or them, in making, altering, or enlarging, any fuch public road, or highway, after verdidt given, and confirmed, for the fame as afore- faid, the perfon or perfons fo oflcnding, fliall and may be profecuted, and puniflied for every fuch oflcnce, as and for a mifdemcanour. VI. And be it further enacted. That if any ofthe JiJry, duly furnmored by the Sheriff", or his deputy, for the purpofes aforefaid, fliall neglect to attend, or refufe to be fworji to perform the duties required by this- A€t^ every fuch Jaror fhall forfeit and pay for fueh negled or rcfu- fal thefum of twenty, fhillings.: to lie levied by warrant ofdittrefs and fale of the offender's goods, on conviction of fuch oflcnce, before any two Magiftrates of the county or diflrict where- in the offender fliall be refidcnt : And the Sheriff", or his deputy, fliall fummon others in the place of thofe who may neglect- to attend, until fuch Jury fliall be conipletecLto the num- ber of twelve. Presmblc. CAP. II. An ACT for altering and amending an '\6l, made in the thirty-fe- cond year of the Reign of His laic Majcfty, King George the fe- cond, entitled, .An Ad for preventing Trefpafles. UEREAS by an Ac?, made in the thirtyfcccnd year of the Reign cf His late Majcjly, King _ George the Second, it it enabled, that to all Farms, which are bounded on rivers, where the tide I'v. 4^ i8oo Anno quadrigenmo Gborou III. C. liMV. 42 1 fowsy eh^/jt fi'ii and upwards y at commo't tides, fuch rlvtrtfo fjrup,Jl}all Ik deeimd a fulJicic) t fcnco ; and •ivhenas the above recited p^rl of fat J Ady is found to produce many inconviruenccs to the Licil and ^/Jetnb'y, That fucli ri/ers, ^^,f,,^ ;^ creckt creeks, bays, harbours and iiilctn, of ^.\\^l fca (in!/, (hall be deemed fuHlcienc and la.vlul feiicci, J>-tn>^'i i.iv.ful as in the judgment of the fence viewjrs, of the townfhip or place where fuc!» landu lie, fluU ii,(i:jJii;lv d-fj \.c fuflicicntly deep and inacceflibie to prevent the paflinK of cattle. '*' ^ jnc-vint tji ,• I ■ ■■ ' ' 1 - I T C.^P. III. An ACT in further addition to an Ad for preventing Trefpafles. m BE itenaSfcJ, by the Lieuhnant-Govirnory Council and Affembly^ That it fliall and m:iy l>e lawful for the julHces of the Peace in the General or Special Sellions of the Peace at Ha- lifax, when five J.u£llct;s, at the leafi, flvaJl be attending, to make ami publilh fnmi time to time, as they may judge neccffary, luch regulations, refpcciing the places and manner of llaugh- teringcattie, as they may think beft calculated toprefcrvcclcanlincfs, and prevent rilk or inju- ry to the health of the inhabitants in the town and fuburbs of Halifax, and alfo for the clean- fmg of the ftrcets, and for difpoflng of, and removino, Jicaps of dung, aflwsror offals, which may be laid therein, and fuffered to remainj to the annoyance of theneignbourhood, or paflen- gers, or-to ihe>jncumb/ance of the ftreets thereof. ]\. Andbe it alfo.tv.a8ed^ That all perfons, whether butchers, carmen, fiwm^rs, gardeners or others, who fliall offend againft fuch regulations, after the lame fliallliave'been publiflied in fomc crone of the ncwfpapers, or proclaimed by the town crier, as the faidjuftiees may di- reft, fliall, for each and every offence, be liable to a fine not exceeding forty fliilHngs : to be recovered before the General Seffjons, or any two Juilices of the Pfice for the Count / of HaHflix, refident at Halifax, and to be applied, by the I'li i General Seffions, to tlie clcanllng the drains and guttersof the ftreets and lanes thereof, - III. And be it further enailed^ That all fines and forfeitures arimtg in the town of Halifax, fronr. the breach of the fifteen t'l.feclion of the Acl for repairing and mending highways, road.--, bridges and flreetSy and for apppinting Surveyors of Highways. within the fcverai vownfhips in this Province, fliall, in future, be applied to thedeanfi'ig of the drains ajid gutters of the Greets and lanes of Halifax, and not to thefupport of the poor j any thing in the faid Act to the contrary in any wife notwithftandirg. Julices in Sclfi oils, (live jiftcta hci-'g pr-.fcr^) to iDakc r«gu!,i. lions 'or the ilrji;ht"ring ot' t^ttltf.and clean- iiiig thrltiests, &c. in the towt^ ot Haliiitx Perfons ofFfml- iiig toforici'. 4;s. Application peniiltics. of CAP. IV. Ah ACT to provide fuitable places for the General Afieinbly, and King's Courts to fit in, and for other pubHc purpofcs. W llY-KlLhS the term for ivhich the Buildings bchngin^ to the Honorable Ihonias Cochran, James Cochran fl«rf William Cochran, ij/"//d///J/A', Merchants, were hired by ih's Pro- vince, will expire on the thirtieth day of June next, and whereas it wilt be expedient to renew the kafe of faid Buildings for a tenn of three years : I. Be it therefore ena^cd, by the Lieutenant-Governor, Council and Afjembly, Thaf it fliall be law- ful for the Governor, Lieutenant-Governor, or Commander in Chief of this Province, by Warrant under his Hand and Seal, to appoint three or more fit and proper peribns, to act as Commiflioners on the part of the Province ; and the Corair.iflioncrs fj apprlntcJ, flxall, and ir.ay. Fieniiibie. Con'.minioncrs npp(.i'p'-j'l loli re MiH:3 C ch- rar.s' buililii:g, for the hi't ol tlie GtiKTa) Aillm- blvKir j'sCOLits •?cc. C. V. Anno qiiadragefim GeOhoi HI. i8oa !f!i'i may, in Uk- tiaiiics of thcmfclvcs, their executors, and adiiiiniftrators, as truftcesfor thisPro- \incc, Icnic and hire frnmlhc fatd Thomas Cochran, James Cochran, and William Cochran, all tlio builJings. tcncmects and prcmifcs, now ufcd, occupied and held, on the part of the IVovince, for the General Aflcmbly, the King's Courts, and other public purpofcs, for ;a term of three years certain, to commence, and be accounted on and from the firft day of July next, :\v.d fo on from year to year, lo long a; the Government fliall have occafion for the fame ; the continuance of thelcafc toend . Government giving the proprietors fix months notice, pre- vious to the end of any fuccecding year, of the intention of giving up the premifes } Provi- fxtent oi leafc. fl'.'i/, that the term of fuch hire, fliall not be extended to a period longer than ten years, at Vcailvrfnt, and the yc.uly rent ofthrcc huudrcd pounds, to bc paid out ofthc Trcafurv of the Province, in times olpaymtnt. half yearly payments. II. Providd ahwys, and be it further enai^al. That nothing to be contained In fuch leafcs fhall make liable, or oblige the faid Province, to pay for any repairs of the faid building, or to n ; ail or rebuild the fame, in cafe they fliall be coniiimt'^ or dcRroyed, or made untenantable by hrc, or other accident or event whatfoevcr , unleli the damage to b-j repaired has arifcn from tltt negligence of t!ie v)ccupai.ts, or the mifufe of the priiDifes, nor (hall the Province be obliged by fuch Iciifc to p?/ an; rent in fuch cafes, but the faid building fliall he kept in good tenan^^blc repair by the laid Icllbrs, at their own proper cofts and charges, and the rent Ihal! ceale from the time the fi' id buildings aie out of repair, or become untenantable, unlcfi the fame arc repaired in a rei.fonable time thereafter. III. And be it further cimtlfd. That it fhall and nay be lau'fvl for the Governor, Lieutenant- Governor, or Commander in Chief for the time jeing, totlrav/, by warrant, on the treafary, at the end and cxpiruti(m ot fix calendar monlni from the faid firll dayof Jiily next, for the faid h'.iif yearly rent of one hundred and fifty pc^unds, and fo on for evei-y half year then next enfuing, during the full term of laidleafe : and the Province is hereby bound to provide for tilt t inclual payment of fuch warrants to ilie faid Thomas, James and William Cochran, their heirs and afiigns accordingly. i\ li building 111 Impair, ^c f. rrni'-r T'l C;!a-.v I'll the t'f:'- iiiry for ilv.pay- 1! I •\. cI icnt. fa:!i c. Tlnnts of Ii .l.i- i'lj; li.frtiur (.'iiiut at AiVM- Ii-.!..il)i'nrts <■<{' o\ D','/)y, t-y.i '1. foil toil) tijiv.ri;; Blj'.:roi3 ill ihi.l C<:l:; ; as alio the irili.i!>.;.i,u of tlic: V. < ilc.,1 r;,it 111' A!>r;,;M). is, frii'H I'f ivi.v,' in ii.ia v.(.uit. CAP. V. All ACT for the fee'tcr regulating the manner of holding the Inferi- o;- Court of Common Pleas, and General SelTions of the Peace, in the County of Annapolis. T'i"]\iKl\ASf-o!Utfjccxt"-'oft/je County of AnnopoHs^ it is found inconvenient for the inha- ' t i.i.yis of the lor/tcin piirt .f ihi f.iid Coiiitty^ to attend at the tunes and places, when, and t<-/ ere t/.ir I. frior Goitrt ff Common F/ius, and dneral SeJ/Jc/w of the Peace, are nvM bdd for the Jiiid Ccuniy ; fr ri.:.iedy whereof t I. Beit e/..\ffcd hy the Lieutcn.vit-Cczscrnor, Cc'.ir.cil and AlJ>'rd^!y,'\\rx\.,hon\ and aftcnhopub- l!c.Mic-.ji l(icr.% the Inferior Court of C-.jmniOn PIc.cS, andGcneralSetilons uf tlic- Pcarc for faid (.^(.urjly, {luill be held four times in fati\ and every year, that is to fay, in tiic tiAvn of Aniia- polib, on tl;c rt;ft Tueluay r.i" April, and on the liul 'I'ucfday ofNovcniber i and in the Town Pl( t of l)i_:^hy, on the third Tut:f^lay of Jur.c, and t!\e thifd 'I'ueujay '..i l)cccn.l;cr. II, And Ik it fa-/her e/.\>(7ed, '1 h.at it fl;,Ji and may '.;c law fill for tiiC Jufticcs of the faid C-ourt (■•f C( -...iiionPl V:;, :ind h';ilitins of the Ptat". to cxc'ife vlieiiili.ibitart:> of the '.anern part of I'aio vA^ur.ty, fiivis, being drawn as Graiid ()j' Petit larfirs, to icrvi; at the faid Courts, to be hc'ld at Lif:^hy, as afor^ljid ; ar.d f() in liliiants in the wcilcrn i'.nrt of laid county, frini being drawn as Graiid or pjijt Jarois, to f^u'vo at die falJ Courts, to be ht.ki at Annu;.;;^!-; as aturcluid. lil- i8o 111 appr< Juroi the f i8oo Anno quadragefimo Georgii III. C. VI. 42. r. Lieutenant- ICP'I Preamble. Sale of Olebe I,;!inl to George WoiccHi?!, (or i^il. conllimcd. III. And he it {tlfo further cnaBed^ That the pfefentation of money, lierciftcr to be ancllcJ, vx M,do of annrOFrlatcil,\viiliiii the laid Cnuniy, by the Graml Jury tliercof, flwll be made l)y thu Grand ""^^ iiie Piti^n. il» ', I- 1. t:ili?ins or moiKy Jurorsoftlieiatd County, to the Jimices ol- the! Supreme Court, at tlieir annual Scfilons in ia faid coumy. the faid County. CAP. VI.. An ACT to amend, and render more cffcdual, an A<51 made and puf- fed in the thirty-ninth year of His prefcnt Majelly's Reign, en- titled, An A 61 for thefaleof the Glebe Land in the Townlhip of of Granville, and for purchafing another Eftate, as a perpetual Glebe for the refidentMiniller of the Eftabliflixsd Church in faid . Townfliip. WHEREAS the (lay appointed fir the choke of'tbs ChurMVardcns andVe/lry in the Parifh of Granv.'lle, hnplcncd in I he Inji year to fill on a t'uiiday, anti the ParifJmncrs not thinking it U,v.ful toeledthe Parijh Ojp.ccrs on that day, the purpffcs intended by fiid A61, have been prevented from bein^ carried into esceution, for want of the proper ojjieers to give effect thereto; for remedy ivhereof : ' I. Be it cnaded, by the Lieutcr.stnt-Govcrnar, Council and Affembly^ That tlie falc or agFCcment, for the falc of the Glebe Land in the Townfhip of Granville, mads by the Reverend /^rclii- biild Paine Inglis, in ay, in their corporate capacity, purthafe from Ben- jamin James, Efquire, lot, number fifty-levcn, \n faidTownfliip, and fhall take and receive from him a deed thereof in manner diredled and prefcribed by the Act hereby amended. And the- faid Church Wardens, Veflrymen and other parifli officers, fhall continue in ofllce until next Michaelmas day, and no longer. And the Churci' Wardens, Veftrymen and other parilh ofTicers, fhall thereafter be chofen annually on Michaclm.\s d?y, in manner directed by tlic Act made and pafTcd in the thirty-fecond year of his late Majefiy's rei^n, cntiiled, " An Act for the " Eflabliihmcnt of Religious public Worfliip." Inhabitants of fcranvillc to ap- point Church. w^rJenj & Vei- tryiucn, wh.> arc to pui chafe in their ccrjiorate capaeity, irori BciiJHmin Jamei Elq. Lot No. J 7, in laid Town- (liip, and receive a deed Uiereut. ChnrfhwarltTS and Velliymen, t(. W cholen, an. nually, on Mi> cbclnias day. 424 C. VII. Anno quadragefimo Georcii III. i^ao i m I ■ t% m I I Michi'timns day III. And be ii further ena^cit, That whenever It fliall happen that Michaelmas day in any year, Suniiay,"^cl'u"ce fl»al! fall upcn a Suncliiy, it fl.all 1 c );,\\ (ul for ihc Miiiilicr of any I'arifli in this Trovincc to ad- ii.lv.- nu(tc the journ fiich parifh meeting to tjic following day, on which day the faid parifliioners fhall and ow.ng .IV. ^^^^^^ proceed to the choice of parifli ofliccrs a!> albrcfaid. And of every llich adjournment the fcvcral Minifters Hull give due notice in tlicir rcfpccflivc Churches. (Iran' Jiirif"! in the Itvvirtl ioi;ii- t'C» and iliftuifls, ii) titlliun tijpie- icrt the iU!:vU:r it Puur.J-, ier|iii- fi:i; iiit;ich tv.wn- I!i:;),nri1 Ji.ilicts Ui.i; t'i ir.t ii-.cof t'lcr Dun liii.cii tokc thi.ni iiiitJc. On t1)e nc,>li'a 01 Grand Ju.i'.'. to prcli'iu tlie i'ums ntcdlaiv lor tha' pi.tpai'v, Juflices iiuK.u.i- i'.d to di; II. JiiPiccs of P.Mce in tl'.t Coi.n.ii.-! jind rjiftiiC:! ls. CAP. VII. An ACT for provkling Pounds in the fevcral Townfhips in this Province. Bn it CKii.tcJ, hy t/:e I.utitenanI Goi-crnor, Council and AJfcml'y, That it fliall and may be law- iul for tlic Grand Juries in each of the fevcral counties and difiriclsin this Province at the Gcr.cial Scfllor.s of i lie Peace, held forfuch county or diUrick, toprcfent from time to time the nuiTitcr of Ptur.db that may be nccellary for each townflup or fcttlcnient in fuch county or difliicl, Ipccifying, if need be, the pariiciilar divilion of fuch townfhip or fettlement within which fuch Pound or Pounds fliall be crc^cd ; and for every Pound, fo to bcprefented, the iktid Jufticcs fliall nominate one fit perfon, who fliall be Conmiiflloner for the receiving propo- fals for the building of fuch Pound or Pounds, and for fuperintending and direcling the fame, r.i.d all fuch propofals fliall be laid by every fuch C'oiimiiilioncr before the Hiid Jufticcs at their 1 est enfuing Scfiions ; and, being approved of by them, and the fcitc of fuch Pound being tl'.en and there dctcvniincd upon, tlie f;.iJ ('ommiflioncr flv,;ll proceed to enter into contrat^s f(T the creclii'.r^ fuch Pou'id accordingly ; and every fuih Commiflioncr fliall continue in oflice until the Pound, committed to his fuperintcndance, fliall be built , and fliall be reported to the Court of Scfaons of the Peace, and approved of by tlvcm, as completed according to contract. II. And hf it further enaclcd, Tiiat if the Grand Juries for llie refpcclive counties and diihic^s in this Province, fliall neg'.ccl to prefcnt to the f.iid Jufticcs at their faiil Scllions, the funis of money neccflary to be raifed and paid by the inhabitant}, of the refpeclivc townfliips for the building or repairing of fuch.Pounds, it fliall and may be lawful for the faid Jufticcs to amerce ihc inhabitants of the townfliip in which fuch Pound or Pounds is or are to be built and re- paired, in fuch funis of money as IhalWje found nectilary for the purpofci aforcfuid ; and all furr.s to be raifed by any fuch prefentmcnt or amercement, fhall !)c alldLd on the inhabitants ot fuch townfliip in a juft and equJ manner by ihcf\v'o.'"n aill-fiors, wiio fliall from time to time be appointed lo afl'ets the county rates of fuch townfliip ; and fuch afltfl'.iient fliall be col- IccUd by the perfons appointed to collect otlier town or county charges within tlie fame limits, and fliall be p;iid ir.lo the hun.ls of the county «r diftiict Trcafurcr, and applied folely to tlic u(c; for wiiith i'uch money Ihall have been raifed. /iNO wiij.r.i;.AS doubts have ivifcn ivheihcr the juriftiilicn of the fu/llccs cf tie Peace in fmall Ircf pifls (ct>!ii:ittL(i hy Ijirfcs and cd'.l'.c, iindin c.f.sofrcpuvin^ where the diium^e efjii.tuiUid Jois not t.v- fiid the rid lie rf ibrcc p'^'fiJs, has not bun tiikcn ifMiy by an .'Ut of ihcLkncriii /!jjL.r,l:t\ iiuiJf i.t Ik Ihlrikih ytcr (f lis frcfnt M.j.Jlfs ni^^n : ill. /;v // t/cnfoic cihiclu/, Tl;.u the Jufuccs of the Peace for tiK' fevcral counties and diftrii ts of this Province, lli.'.llliavejurifdiclicn within their rd'pcv'tlvecountli'i and Jifuiiri::?, (;ve/cau.'l> of ir<.-;r-.rs, and rc| icvii;s for li\ fj-.'.irjs, Cv-.mn ivtcd b\ hoif'es, fliccp, ;.,>uts, (Vine or neat c.itilt. \\l.t.rc il.c c.'.in:agv: I'.all n(;t exceed I'lrcc poundi., .md \«.hcrc l!ic title to any lands, tci:cu.ci.ls or j;cri.'>!i!:-.r. cniii Ih.'.ll in no wife bo icvi.lvcd.or ccmein cp.iefti'.n, and fliall proceed liierL-in in mrnro:" prtfciibcdby li.e fnft fcctii.n oI'mi Ad, in.uicin th»* thirty-lccond \ear oi'" liis lute Mi- '.:.{] y s r.'i^i'; r prcvcn'.i.^^j tic.jrailcs," ar.d aifo by an Acl, aiad.; in \}^c tv.ci.lv :'i IMCivui ui 1800 Anno quadrag^cHmo Georgii III. C. Villi 425 twenty*fourth year of His prefcnt Majefty's reign, in amendment of the f;iid laft mentioned AQ." IV. Andbeilfitrthtrtntatd^ That the eleventh ftdtion of the laid Aft for preventing tref- pafies, by which a penalty of ten (hillings is impofedupon the owner of any horfe brealang in- to any lncl6fuv-e, lawfully fenced, within the peninfula of Halifax, fliallbc, and is hereby, ex- tended throughout the County of Halifax, and throughout every county and diftri,whuniu(i Uke the follow, ing affidavit, be- iore dr.nUck tl lowed, on hand, or be thereafter imported into, or made within, the Province, the Turn of two pence per gallon, to be paid by the importer or manufa^urer thereof. II. Andbt itfurtbtr inadtdt That all importer! or manufa^urert who, on the thirty-firft day of July next, fliall bold any (lock of wine, rum, and other diftilled fpirituous liquors, upon which they (hall have paid or fccured the rates and duties impofed on them by the laft before recited AA, (hall be entitled to a credit upon their fccurities, or to receive a drawback to the amount of the difference between the duties impofed by thefaid A^, and the lefTcr duties im< pofed by this Ac\ for all the wine, rum, and other diftilled fpirituous liquors, actually re> maining in the hands of fuch importer or manufiifhirer on the fiiid thirty-firft day of July next. III. PrevitUd alwayt,atdk it further enacted. That before any credit (hull be indorfed upon fuch fecurities, or any Aich duties repaid, the wine, rum, and other diiUllcd fpirituousliquors, re- maining, on the laid thirty-Erft day of July, in the hands of every fuch importer or manufac- turer, dull be examined, guaged and ccrtiGed, by a fworn guagcr, and an invoice thereof made out by fuch importer or manufacturer, correfponding with the contents fo afcertained by (uch guager, and fpccifying the amount of the duties claimed to be thereon allowed by virtue of this A£t. And fudi importer or manufadurcr (hall take and fubfcribc, before the CoUeflor or. Coilec'tors, of Impolland Excifc, the following aAidavit, which (liall be annexed to the £)mc invoice, viz, I A. B. do fwear, that the annexed invoice contains a jud and true account of the wine, mm, and other didilled fpirituous liquors, remaining, ia/Ki/fc/*, in my hands, on the thirty-firft p.""^"" of afhdi. day of July, one thoufand eight hundred, and that I am juftly entitled to a return, or draw- back, of the duties fpeciiicd in faid invoice, amounting to being the diiTcrence between the duties already aftually paid, or fecured, by mc on the very fame wine, rum, and other dlUillcil fpirituous liquors, and the leiTer duties fubdituted and impofed inftead there- of, by an Aft made in the fortieth year of His prcfent Majcfty's reign, entitled. An Aft to alter, amend, and continue In force, fevcral revenue laws, for granting to His Mjjcfty certuin duties on wine, rum, and other ditUlled fpirituous liquors, brown fugar, and other articles therein mentioned, and for enabling the officers of His Majcfty's Navy to obtLiin a drawback of the duties on wines, carried andconfumed by them out of the limits of t!ie Province. And I do further fwear, that the (aid rum, Tpirits, or wine, mentioned in faid invoice, is of the fame proof, and ftrength,as when imported, or manufafturcd, by me, and has not l«en reduced, or adulterated, by any mixture of water, or otiicr weak liquor, to my knowlcil2e or belief. So help mc God. I.V. And be it further ermHed, That when, and as foon as any importer or manufafturcr, (hall have rendered to the CoUeftor, or Cuiledors, of Import and Bxlife, the invoice of the wine, ?*^'"r"l**^ ''■' rum, and fpirituous liquors, remaining in his hands on the thfrty-firfl: day of July next, corref- ponding with the CJuager's certificate, and (Iiali have taken, and fubfcribcd the oalhtliereto.in manner aforefaid, it iliall be lawful for thefaid Cclleftor, or Collcftors, after duly enamining the faid invoices, and comparing the fame m ith the (lock, which by the books Of fuch Collcc- tor,or Collcclors, Ihould then remain in tlie hands of fucli Importer, or manufafturcr, to give a credit upon thcl)onds, or ibcuriiie.i, of fuch iiip.Tter or mnnufai.^urer, for the amount of the duties fccured uprm fuchvvino, rum, or otiier dirtilled fpiiiiunus liquors ; and it the rst?i and duties fi» to be allowed, fliail cxcceJ rliefunndije upon the fecurities of fuch imporur, or manufafturcr, fu'i Cdllcftor, or Collcftor't-., dial! grant a certificate for the amnn.i the credit fo exceed!. ^:^ iu».!i fecurities, and uji(.rr.\ ' ■.- 428 c. yi. Auno quadragcfuno Gujorgii HI. t^o CoIlc'Vorsoflii:. poll aulhoril'cd, i,n1 t'liliue't. 'o Hiliiiii>ii»i.t<:r llic •! „ h ' runiiliment of iiich as mnke a ful'e uiiiUavic. Duties payaWe- liviliis Ai^.tobe collofteJ tiiulcr the Aft of .13d \car, Geo. i'l. Portfr, ale, loaf iligar, and' jtun powilcr, cxfiupt Irom the dut't's, inipoffd by Ad lid Geo. .?d. K»r J' :viding fbrthe Jupp irt of R'J- T..'iaiuunt, &c. Dmwback of the ( ifilrcnce of the r.iitics on <■'''' '■■■ tides which may lie remaining in the hinds ot i-h? importer. Revenue ACt, iii Geo. 3d. V. jSnd Ifc it further cnitCl^d, That all and every the CoUeftor, or CuUecloi j,- of Import and Exdfc, fljall be, and lliey are hereby, autheril'ed to adminifter the oath, by this Aft appointed to be taker, and made ; and that if any fuch Collector, orColleftdrs, fhallomit to adminifter, oriJiall ii any M-ile difpenfe with nhc faid oath, fucJi CoilecVor, or Collechirs, -{hall forfeit and \y\\ the fun) of one hundred pounds, for each and every neglect ; and if any perfon or per- Ions fliall make oath to any f^f? invoice, or fliall falfely fwear to any matter or thing hereby required to beveriC-d on oath, before Tacli Colle(ftor,.or Collcftors, . the perfon or ptrfons fo offending, flia'l be cccij)ed guilty of corrupt and wilful perjury, and fttall, on conviftion-thcre- of, lie liable to, and fufler, ail the pains and penalties, by law. inflicted on perfon*- guilty of. corrupt and wilful perjury. VI. And kit further enacted, Ti:at '.he rates and duties hereby, fubftituted, and n-npofed,' upon wine, rum, aad.otherdiftilledifpirituous liquors, inftead of the former rates and duties impofed by the aforefaid Ac^, made inthethirty-thirdycarofHisprefcutMnjcfty's reign, {hall be railed, coHcded, and paid to His Majcfty, IJis heirs, and fucceflbrs, by the ways, means, me- thods, rvle?, provifions and direftions, and under the penalties, and forfeitures, prefcribed, and expreifed in, and by, the faid laft mentioned Aft. Arid whereas it is expedient to kffcii the duties on porter, ale, loaffugar,and gun-pnvder : VII. Be it therefore enacted, Thp.t .lU porter, ale, loaf-fugar, and gun-powder, which (hall be imported into this Provincej fror.. and aftir the thirty-firft dayof Jnly next, Ihall be- exempc horn the rates and duties impofed upon the faid articles, in and by the Aft made in the thirty-tliird year of His prefent Majcfty's reign, entitled. An Aft for providing for the fupport of His Majefly's government in this Prnincc, by laying an additional duty on wine, rum, and other articles herein mentioned, and for encouraging the agriculture, fiflicries and com-. r.i,crcc, of this Province. VIII. And he it further ena^^d, Thit iipo? all porter, ?.le, Joaf-fugar, and gunpowder, which fhall be upon hard, and in the p'jffenion of any original importer tliqreof, on the thirty-fiift day of July next ; fu'i import(;r (hall be entitled to a drawback of the duties theretofore paid, orfecured; dedufting the.'eout the cxcife duties impofed on thefaid articles, in and by an Aft made and paiTed in this prefent Sefllqn of the Qcncral Aflen]bly. Provided^ the duties to be drawn back by any one importer vn the faid articles, fliall exceed the net fum of five pounds, fuch drawback to be allowed and obtained in the manner herein h fore mentioned. IX. And be it further ena^ed. That this Aft, and alfo the fa'd Aft, made in the thirty-third ) ear v;f His M.ijefty's Reign, entitled. An Aft for granting to Ilis MajeHy certain duties on wine, rum,;xnd other diftilled ipirituous liquors, and brown fugar, for the purpcfc of paying the intcrcft, and icd'J'.ing the principal, of the public debt of this Province, as the fame is hereby altered uid amende^ A'fo, an Aft, made in the thirty-third year of His prefent Ma- jefly's rrgn, entitled, An A^iipr pi ovidin^ior the fupport of His Majefly's government in this Province, by laying an additional duty on wine, rum, and all other articles therein men- tioned, and for encouraging the agriculture, fift)eries and commerce, of this Province. Alfo, an Aft, made in the thirty-fourth year of His prefent Majefly's reign, entitled, An Acl in addition to, and amendment of, an Aft, made in the thiriy-third year of His prefent Majefly's reign, entitled, An Act fo. granting t« I lis Majcfty certain duties on wii.c, rum, and all 0- ther diftilled fpirituous liquors, and brown fugar, for the purpofe of paying the intercft, and reducing the principal, of the pubHc debt of this Province ; and alfo to revive, amend, and render morv :'ficc1uai, an Aft, pifled in the fame thirty-third year of Ilis prefent Majefly's reign, entitled. An Aft for providing for the fupport of His. Mjjefty's government in tliis l'rovince,by laying an additional dut) on './me, rui.*, and other articles tlicreirr mentioned, and for cncourap^iiig the agriculture, fiftieries and commerce, of this I'roviiue. Alfo, an Aft, made in the thirt)-lifth year of His Majefly's Reign, entitled, An Aft in amendment of an Aft, made f ii frnm^ Anno qLiadragefimo Georgii III. C. Xll-Alil. 8, means, nie- made in the thirty-fourth year of His prcfent M.ijefly'a reign, entitled. An Act in addition to, and amendment of, an AcT:, made in. the thirty-third year of liis Mojelly's reijjn, entitled, An Act for granting to Hi* Mrsfty certain duties on wine, rum, and other diftilled fplrituous li- quors, and browH'foR.tr, fi)rtijepurpi)fe of paying the in'tercft, and reducing the principal, of the public debt of this Province ; apdalfo torsviv*, and I'ender tnore clTectaal, an Act, paf- fal in the fame thirty-diird year ofHisprefent Majefty's reign, entitled, An Acl for provi- ding for the fupport of His Majefty's governmerit in thi* Province, by Uying an addition il daty onwine,'rum, and othtr articlcH therein mentioned, and for eftcouraging the agricul- ture, fidieries and commerce, of tWs Province* ' A'lfo, an Aft, made in the thirty-fixth year ofHisprefcnt Majefty's reign, entitled^ An Aft iu addition to, and in amendment of, an Ad made in the thirty-third year of fiis prefent Mujefty's reign, entitled. An Aft for granting to His Majefty; certain duties on wine, run^,- and other diftilled' fpirituous liquors, and brown fugar,'for the purpofe of paying off the intereft, and" reducing tlie principal, of the public debt of this Province, and of the feveral Afts made in addition to, or amendment tlxereof. Alfo, anAft,pafFcd in the thirty -feventfi year of His prcfent Majefty's reign, entitled. An Aft to amend, and continue, for on-" year, an Aft, pafled in the thirty-third year of His Miijefty's reign, entitled. An Aft for granting to His Majefty certain duties on vine, rum, and other diftilled fpirituous liquorSrand brown fugar, for the purpofe of paying the intereft, and redu- cing the principal, bf the public debt of this Province. Alfo, an Aft palTed in the thirty-eighth year of His prefent Majefty's reign, entitled, An Aft to enable the oflicers of His Majefty's iiav^ to obtain a drawback of the duties on wines, by them taken out of this Province, and confumed without the limit* thereof. And alfo the fecond, tliird, fourth, and fifth clav.fes of ?,« Aft, paflcd in the thirty ninth year of His prefent MnjciVy's reign, entitled, An Act to pio- vide for this fupport of His Majefty's government in this Province, by reviving, altering and continuing, the ieveral revenue kiws which were in force the hit year, and which are herein particularly mentioned : and every matter, claufe and thing contained- in all, an.l every, of the above mentioned Afts, and a1fo infuch Afts as Iiavfe been made in cxplanatior,, amend- ment, or alteration, of any, or cither, of f.iiJ Acts, fliall be continued in force until the tliirty fnftday of July, which « ill be in tl>e year of our Lord one thoufand eight hundred and tuic, and no longer. 429 35th G;o. .tUi ;mi;iiHnii;nt of .■;f.t!i Gfo. .id- in additiDH and a- mor.dmcnt, of .lid Geo 3d. » 7th of G?o. jd 111 amendment of Aa «3jd Geu. id. jSth Geo. jH.nl- allowitig draw- back to the of- fxei s of the na- vy, on win s, confumed by til em. A!fj 1.1,3c'. 4tH a'ul 5th claufe s of Aifh.ij'liGco. -.d, contini'td in fbrcL- to jtll Ju- ly, iSoo. CiTfi'nv'cl to tlic piLUi.t lime. CAP. X-II. An ACT to continue an A 61, made and paflTed in the Twenty-ninth Expired. year of His prcfent Majclly's reign, entitled, An A6V for the better fupport of the Poor in the refpcdive Counties within this Province, by laying an Import Duty on articles imported into this Province from the United States of America. CAP. XIII. An ACT td revive, and continue, an Ad, made in the Thirty-eighth year of His prefent Majefty's reign, entitled, Am A61 to amend, and e pi td render more cfFe^lual, an AcTr, paffed in the Eighteenth year of His prcfent Majefty's reign, entitled. An Ad to prevent the forcfialling, rcgraiinf^ and monopolizing, of Cord M^ood,in the Town of Halifax. JitO c, xiy-xv. .. A/ics. per aanuni. t CAP. XIV. An ACT to continue, and amend, an A6t, made and pafTed in the j Thirty-ninth year of His prefent Majefty's reign,| entitled, An A;£l for raifing a Rcvenuej to, repair the Roads throughout the Province^ by laying a If^uty- on Perfons hereafter to be Licenf^d to keep Public Houfes, or Shops, for the retail of fpirituous liquors, md for regulating fuch Public Houfes and Shops. BE if. eiw^i'J, by the Lieutenant-Governor^ Council and Ajl[fmilj\ That the (aid Aftj entitled) . " i\n Ad for rajOng a revenue to repair the roads throughout the Province, by laying a duty on perfons hereafter to be licenfed to keep public houfes, or fliops, for th« retail of fpiri- tuous liquors, and for regulating fuch public houfes and (hops," fliall continue in force until the firftday.of July, which will be in the year of our |fOrd one thoufand eight hundred and one. I. Provided alwayty and he it further enalledy by the. authority afoicf-Jidt That, notwithftanding any tiling in the faid A(ft to the contrary, i|^ (hall and may be lawfu . for any perfon, or perfons, who now have, cr hereafter fliall have, a tavern, or fl^op, licence if it tlic fale of wine, ale, beer, cyder, perry, rum, or other diftilled fpirituous Hyuors, to make application, if they fhall fee fit, to the Grand Juries of the refpeclive counties and diftricls in this Province, to recommend fudi perfon or perfons to the JuiUces of the Peace, for licence to vend goods, W:9res and mcr- chandife,. in his or their tavern, or to fuffer wme, ale, beer, cyder, perry, rum, or other diftil-. led fpirituous liquors, to be drank in his or their (hop ; and perfonir obtaining > fuch, .recom- mendation from the Grand Juries, and being approved.of by thefaid Juftices. at their; General or Quarter SefTions of the Peace, as fit and proper perfons to be foentrufted, fliall be. -licenfed accordingly, and (hall have fuch licence fpecified and inferted in his or their tavern or (hop li- cence : and fliall, thereupon, pay an additional duty of ten fliillings per annum, to be paid, coHtflcd and applied, as the other duties impofed by thefaid Ad ; and all and every perfon and perfons, who (hall obtain fuch further licence as aforefaid, (hall caufe a fair copy of fuch licence tobepafted up, and to remain, in fome confpicuous part of his or their tavern or (hop, expofed to the vie'.v of all perfons frequenting fuch tavern ur (hop. Prean.blo. CAP. XV. An ACT in amendment of an A£l, palled in the Thirty-fifth year of His prefent Majefty's reign, entitled, A n A£t to amend, ^rd re- duce into one A61, the feveral Ads, made by the General Aflembly, relating to the Office of Sheriff, and alfo for altering the Form of the Summons heretofore ufed. X "W J H^RE AS the fees allowed to be takat hy thtfvcral S'lmffs in this Province^ are found to be V Y iuadeqtiali to lie duty cffiid'^JJlce, therefore ; I. Be it cuaiUJ^ hs th. Lk ;i!£r.ant-Go%criwr, Council and Afflmbly^ That the fees hereafter to be ihc^bht'.rR' 'c^--. 3'i' wed and taken by t! c fcvsral SheritTs, for their fervices to be done and performed in the fuid oiu^o, (lull l;c as fellows : Scrvir.i; fi,.,i. Serving every f.i:nnicn3, cr Si\r.' T^das, and making, return thereof, five fliillings. nuti.i,'! . ;;*; >u- ■'- n • ;'!- \\\.\Andbeitfttrt}utetiaeledy'th.zi\\i\iA(kt and the fevcral matter's and' things therein con- tained, (hall be, and continue, in full force, until the firft day of July, wliich will be in the year of our Lord one thotifaAd eight hundred arid one, and no longer. 43 « Serrii'g writ of pofleiliun. For taking bail, and drawing bund. Snnimoningjury On execution, nr xtuchnieritwhu:i a lale takes pl.icc, a» ft'llowing : — Sums nut ex- ccedinf? lool. one fliilling iii t'lc pound. Oh execution on rt.d etlate, jil in tlie p mnd, and id more on the fiile of the fame. Summoning Jury to lay outiiroad. Sheriff's Fees of Yarmouth, Col- chtfter A Piftoii, with refpeft to fees for travel, not in this Ait. Continued to the p cfenttim«> CAP. XVI. h year of I r d re- flembly, iForm ot \e fcurd to be :aftcr to be in the fuid An ACT to continue in force the fevcral Ads therein mentioned. Expired. CAE XVII. An ACT for applying certain monies> therein mentidned, for the fer- vice of the year of our Lord one thoufand eight hundred ; and for appropriating fuch part of the Supplicsj granted in this feffion of the Gcneral'Aflembly, as are not already 'appropriated by the Laws or A£la of the Province. -• £lxpi;ed. 5ClVirg CAP. 432 C. "■■a^i p il XVIII. Anpp quadragcifimo GspnGirUI. CAP. XVIIJ. iSoo Any rcj't- nient, or t'etaili- nicnt ol His Ma- jjlUt's tioop'-., iniiichi"i? Iiom one tliftrio't to ip other, to be i|,i,ute.td & bil- It ud, ^'.3 rreirri- ti.ll iiv tl.eAa fir billeting Mi- l.lia. J'ricc cf D fol- 6ki'f dinner rinc pincc, and X brcaUi.ill or fi -ip-.r, onctliiid lei's. Pr;,-?rif a dinner allowed to f-1- dn;:r. when on a rrai oil t J chanije q;, .liters. Rafof piyment fo: heTlcs, calls anil wafinors, eiiipliivedujciin- vey 'h.' b;i5;;.\'igc ot Uic Uuops. An ACT in forther addition to,: and for altering and amending an A<5V, paffed in the Thirty-fifth year of His prefent Majefty*« reign, entitled. An Aii, \vhirhni;ill entitle hull to payment. Penalty for fuch ils refufe to fur- nifh horfes, wajj- guns, kz. when ordered. Commandi'-.c; of- licer not to force wiiKgon, Sec. to tr;iYcl nuiie than ao miles in aiiay, or to be over loaded, occ. Applicaiion of fines iirifingfroril this Ad. ' Militia. I;in«-7 hnv *ii tie ac- couiUcdfur. 'i\:C ^r;'vTors nt ilii.^ A.'; toOX- tciui i,iircJ, cleared, laili'il, t'ut.k, ill- tticd, or p.ived, asthcyiii.i) ll.ink bciK W,i*ei-8tre.;t & Ckurne-Slrcet to be lirli piveJ. AuthDiifed to make ^Contrail'-, and "compound with the inha'ji- tints tor their rates. Cotnmiflioners enipi'vveied to railc, fink, aher or new lav, any drain,&c. Turtlie conveyuiice of viater. revfonsFui'oid to eiKurnber t'ne .Streets, witii buildiiv^ materi- als, tj'jbilh, &c. ■i ir -'-^ Corr.T.idiorers enipnv.'cred to grant pfnTiilTion t;i ppifnns who arc building, &c. tn dcpolit ma- •e Is m the aclinns in tlic name of the fuid CommifTioners, or of thoma'iorpartof them,3gainft any'perfon or pcifons receiving, or holding, monies, appropriated for the repiiir ofthe highways, ftreecs, or roads, of the faid town and pcninfula, and alio againil any pcrfon or perfont refufing, or ncolecling, to pay, or latisfy, his, her or their, proportion of any rate or aiTeflment of moniei, or liighway-work due, and owing on account thereof, at if the fame were a private debt, con- traded with, or owing to, them, or the major part uf them, rcfpeclively, and have like pro- cc(s, and remedy, for the recovery thereof, as in cafe of private debts. III. And be it further enable Jt 'I'hat, from and after the firft day of Auguft next, the faid ('omniilHoners, or any three of them, (hall and may, from time to time, order and direft the Greets and lanes, or any of them, within their refpeftivc wards or diviflons, to be cleaned, re- paired, raifcd, funk, altered or paved, as they may think bed ; Provided alwayty That the pav- ing of watcr-llrcct, within the ancient picketed lines of the town, and Ceorgc-flreet, from the parade to water-ftreet, ihall be completed before any other ftrcets (hall be begun to be paved j and the pavement fhall be afterwards continued through the other ftreets, in every dire<5tion therefrom, as the faid Commiflioners may judge belt, and be able to accomplidv the fame. And the faid Commillioners, or any three of them, (hall have full power and authority to caufe to be dug, gathered, and carried out of, or brought 4nto, the (aid ftreets, lanes and roads, fuch gravel, ftones, earth, or other matcri^ils, from the (horesof the harbour, or clfcwherc, provided tlw fame be done with as little injury as poflible to ihe proprietor or ^.proprietors of the foil; ai)d to employ boatmen, carts, workmen and labourers, and to pay ami fatisfy them for thoir fcrvices, as they fhall judge neceflary and conducive to the accompU(hing the ends and dcfigns of this Act ; and alfo to make contrafts, with any fit perfons, for the rep.uring and paving the faid ftreets, highways and lane.;, or any part thereof, on the bcft terms that can be procured for the public, and fliall and may, if they think proper, bargain or compound with any of the inhabitants by the year, for fuch fum or fums of money. as: the .faid Commiflioners may think rcafonablc for the (hare or proportion of fuch inhabitants for and towards the repairing, pav- ing, or keeping in repair, the faid ftreets, highways or laneS : provided fuch compofition mo- ney be paid in advance ; and (hall alfo have power and authority to put up bars or fences, to fliut up any ftreetor ftreets while undergoing repairs by paving or otherwife. IV. And be it further enacted., That the faid Commiflioners, or any three of them, (hall have power to raifc, (ink, alter, or new lay, any drain, water courfes, pipes or common fewers, as often, and in fuch places, as they may think proper, provided., the fame be done with as little detriment and inconvenience to the neighbours, and others, as the circumftances of the ca(e will admit of-, and the faid CommTflioners, or any three of them, may caufe the courfe or diieclion of any gutter, water-courfe or channel, running in or through the (aid ftreeet, lanes or highM-nys, to be turned or altered as they think proper. V. And be it further enaded, "Wit no perfon or perfons whatever, (hall throw, or caufe to be thrown, or laid, any a(he6,ilable manure, ftones, dirt, or (ilth of any kind, in any of the faid ftreets, highways or lanes, or encumber the fame with any trucks, carriages, carts, timber, cordwood, fca cOcd, lime, or other building materials, or with any earth or rubbi(h, on pain of forfeiture of fuch trucks, carriages, carts, timber, cord wood, lime, coal, building materials, earth, rubbifli,afiies, manure, ftones or dirt, and likcwifc fu(rering the penalty already impo- fcd by law, on perfons guilty of incumbrances in the ftreets, lanes and highways, of faid town ;ind pcninfula. — And the faid Commilfioners, or any three of them, may caule all fuch incumbrances to be removed, fold, or otherwi.'edifpofed of, as they may think (it. Provided akvay;, that any perfon or perfons, by leave of the faid Commiflioners, or the major part of them, mny lay or depofit for the purpofe of building houfes, or other work, in the faid ftreets lancr,, or hi ;h\vays ; or may fct up, or ered polb, bars, or other inclofures, for tlic Letter fecuring futh materials, and to continue the fame for fuch time only, as the faid Com- miflioners, rffar Anno quadragcfimo primo Geobcii III. C. V. 439 niinioncrs, or the mj >r part of them, may give leave, and in fuch manner and form as thry Ihall, in writinj^, dirc^l, and no longer, on pain of forfeiture thereof ; anJ provhl:d iil/'o, th:\i rcafonable notice (hall iii ll be given to the owner, or proprietors, if known, of fuch fcj coal, cordwooii,a(hcs, rubbidi, or other incumbrances, laid in the Artfctx ; and if the owner, ur proprietor, be unknown, then fuch notice, in writing, to be left at the houfcor houfcs, near- eft or oppofitc to where fuch incumbrances a:c laid, to remove the fame within the time that may be limited and ordered by the fald Commiilioncrs, or the major part thereof. VI. y^nJ te il further tnaclcd, I'ljat it {hall and may be lawful fop the laid C'(«nmlfnoncrs, or the majtir part thereof, to ciufe any well or wjlli to be dug or funk, and pumps lobe therein placed, in any parts of tlic (aid ftreets or lane;?, where they (hall judge necellury, and- mod convenient, the fame to be placed and conllrucled in fuclt manner as the faid Comminioncrs may direft. V\\. And be it further enabled, That the faid Conmiflloners, or any three of thctn, fhall, im- mediately after the publication of this Ac>, caufe an impartial furvcy and examination to be made of all the llrccts, lanes and highways, cif faid town and peninfula, and (hall caufc all fign pofts, (how glalTcs, Ihow boards, porches, flcps, fences, cellar doors, and all and every other material, matter or thing, belonging to any houfc, warc-houfe, (hop, cellar and building, or to any lot of ground or inclofure, which caufe or occafion any nuidtnce, annoyance, incroach- mentor obftrudion, in the (aid llreets, lanes and highways,^^of faid town and peninfula : if the fame fliall have been built-, {jlaccdor erected, at ?\\y time within twenty years previous to the publication of this Aft, to be wholly removedi or ortherways to be placed or altered in fuch manner and form as (hall be approved by them, or the Surveyor employed by them ; and in cafe it can be done without any particular inconvenience to the public, (liall and may permit and fuffcr the fame to remain, in cafe the owners or propiietops thereof, or any of them, (hall give fecurity that the fame (ballnot be repaired, ur again rebuilt ; and aUu to pay and fatisfy to the faid Commiflioners, or the major part of them, a rcafonable yearly ground rent for the part of theftreet fo incroached on, to thefatiiifafiion offaid CommiiUoncrs, during the con- tinuance of fuch incroachment. - VIII. And be it further enadedy ThateVcry pcrfon or perfons ii>tendlng to creft any building upon, or dofe to, the line of any ftreet, lane or highway, within the faid town or peninfula, (hall, previoiifly- to the digging of a foundation, or beginning to ere^ fuch building, make ap- plication to one or more of the faid ComniilHoners to caufc the Hne of fuch ftrcct, lane or high- way, to Lc defined or laid out \ and (hall dig fuch foundation; and creft fuch building, within the faid line, fa. as to avoid making any- incroachment upon fuchftreet, Une or highway ; and if it (hould be! ncceflfary to employ a furveyor on fuch occafion, the expence of fuch furveyor (hall be defrayed by the perfon or perfons fo intending to build as aforefaid ; and if any per- fon or perfans (hall prcfume to ere^ any building, upon the line of any fuch (Irect, lane or highway, without-making application, and having the line of the ftreet, lane or highway, af- certained as aforefaid, he, (he or they, (hall forfeit and pay the fum often pounds, to be reco- vered and applied for the purpofes of this Aft, and (hall alfo remove fuch building, if it (liall be found to have incroached upon any ftreet, lane or highway ; or oti.erwifc the faid Commif- fioners (hall and may proceed to remove the fame, or take fuch other ftcps as are allowed by law, in cafes of common nuifance. v. IX. And be it further ena^ed, That noperfon (lull be at liberty fo dig up, or break open, the foil of any ftreet, lane or highway, within the faid town and peninfula, wiihont firft applying to the faid Commilfioners, and obtaining their permiffion in writing, fpccifying the purpofe for which fuch breaking of the foil is allowed, and the faid Commiffioncrs may impofe fuch terms upon the perfon applying, as the fecurity of pj-lTcngers by day or night, (liall appear to them to require ; and any pcrfon afting contrary hereto, or to the terms impofed by the faid Commiflioncrs, (hall forfeit and pay five pounds for every fuch offence. .X» Moiic; to b« Ri- VI n tu prtlunt whd inciini'>i'r ttir Streets tu i<:> iiigvc tlic lume. Couim^tlifin'fs tmpowcrcd to ciul'v \\x\h tot^c funk, &c'. Conimiffiunerilo il; vty and rxa- nnnu tiign Puitf, Slew Clidr.s, I'orchfi.&c.aiiii be ii:iiiovcd. Perfoni intend- ing to build, to apply tothe com- niiirioneisU.tcre digKingthef'oun- ddtion, or begin- ning to creA the fuuc. Perfoni negleA- inR to appTv to the ConinuHioir til 10 pAy loi. Noperfon to be at liberty to dig up any ftittt, without \ti\ e fr^m the" Com" ntilfioncrs. ll !l(niti;>n tf) r liiil iioncy, tlie (t i\> I nor nil. |v>wiii'Jtu kiriw «,> (111! Treiiaiv, tor (to, tliiH p^ri olMicl.vcaccillU' ComtnilTioneritii k'-c;) i-Hiil.ir ac- ciiuni'< >i .ill iiiii> nic§ received aihI e\()';ivlcii by tlioin. C. VJ. Anno quadragcfimo prlmo Georgii III. ilJor Pinfooulioin a. I^.un't pcrloris a. lii^^ umlcr the aiit!ioi'ity uf cliii Ait. Application _ of moniei arifing uriJ'.r this Ad. The authority of toraier fuiveyors lu c«iie after lirfi. Aiigutl, 1801. 'X. AnJ b: U further mf<7.\/, Th-it in addition l"> the rates, duties and fcrviccs by law impn- lal, tor the making andrepairin{;of tlicroad^, ftrects and laiics, within tfic town and pcnin- lul,i of IhiliKix, it Ihailand may he lawful fur the Governor, Lieutcnatit-Ciovernor, or Com- nrimlcr in C'liict for the time bcinj^, to draw, hy warrant, on the trcafury, (jiiartcrly, for one third part of the monies ariling from the duty collected on licenfcd iioufes and (hops, within the town an.! pcninfula of I lalifax: and the 'Ircifuror of the Province is hcrchy authorifcd to p.iy the amount of liith warrantor warrants to the faid Comnuilin icrii, oi- their order. XI. Ami bi it further cmiied, 'Ihat the faid Conuniflioncrs (hall keep a rcguLir and cxacl ac- count of all monicH and labour received by them, and of all fcrvices performed in the e.xccuti. on of tiiis Ac>, and (hall, once a year, on or before the tenth day of March, in every year, iii.ikc up, and renilcr under their h*nds, or the lianddof the major part of them, tothe'l'rea- furer of the Province, a general, regular and fair, account in writing, of all monies and labour rcicived and paiij by them in tite c.\ccuiinti of, or under and by virtue of, this A(?t ; and aU'o of all fcrviccs done and pcrfovnicd, and of the cod and cxpencc of doing the (imie, for the pad year, that the fame may be auiiital and palled in tlic General Allcmbly at their ne.xt meeting. XII. And be it further eiuiifcJy lliat no action or fuit ftvall be commenced againll any pcrfon or perfon.s, for any thing done in purfua'-cc of tlii.s Act, until twenty days notice thereof (ball be given, in writing, to one or more of the (aid Conmullioners, or after fix calendar months nc.\t after the fact committed, for whiJi fuch .ttflion or fuit r actions, judgment (hall be given for the defendant or defendant'', then, and in either of the cafes afore* (aid, fuch dcfeiidant or defendants (hill recover treble cotb, and have judgment therefor ac- cordingly. XIU. And be it further enacted, T)\Tit all monies raiftjd, colleftcd, or paid to the faid Commiflion- ers, or any or either qf them, under or by virtue of this Act, (hall be rpplicd to the purpofcs of this Aft, and for no other ufe or purpofe whatever. XIV. And be it further enacted. That after the firft day of Auguft next, the power and au- thority now veiled in the Surveyors of Highways, within the town and pcninfula of Halifax, fliall ceafe and determine, any law, ulage orcuftom, to the contrary notM ithftanding. CAP. VI. An ACT for the better management and relief of the Poor of Halifax. » T^E itena^cd, by the Lieutenant-Governor, Council and Ajfembly, That, from and dfter the 'firft Appointment of Coritni:;ioncrstn « ■». ' , r fupsrintenJ and JU day of January next, Richard JohnUniacke, William Forsyth, LawrenckHauts- niuna-cih.poor. ,{(,^^^1,.^ JonN Gloroe Fyke, WiLi^lAM Tavlor, Charlrs MoRRis, Jun. Charles Hux, William Sabatier, James Clarke, William Lyon, JtniNl.AWSON, andjAMES Frasbr, ikiU III. i9b'i Anno quadragcfimoprimoGEOitoii (hall be CommifTtoncrs for the fupcrhucndincc, relief and management, of the poor of the town and pcnitituta uf Halifax, and for the appropriation and diCpofal of the funds which arc, cr nuy be mado, applicable to their fupport and maintenance : which Commiflloncrs ihall have, and may cxercil'c, all the rights, powers and authorities, of every nature whatfoever, hereto- fore granted by l.i\v to, and veiled in, tiic Overfccrs of the Poor, and may ad>, in the immedi- ate management and government of the poor by rotation, each one month, as may be agreed on from time to time by them ; and in cafe of the death, removal, or refufal to fcrve, of any of the faid Commiflloncrn, hU or their places to be tilled up by the Governor, Lieutenant-Govcr nor, or Commander in Chief for the the time being, out of fuch perfon or perfons as may be nominated and recommeadcd for that purpofc by the major part of the remaining CommiflU oners, in writing under their hands. II. jinci be it alfo ena^eJ, 'I hat the ading Commifllontr, for the time being, fliall have the immediate fuperintcndancc of the poor-hnufe, and Qiall take care to have the food, allotted for the pauper;, regularly fcrvcd ; and the beds, bedding and doathing, kept in clean order ; and fiiall direct what food ihall be icrved to them, and alio at what hours ; and Ihall and may di- rect or order every pauper, capable of any work or labour, to be employed in fuch. manner, and at fuch hours of the day, as he may think bcfl, and may excufe tVom work fuch as he nuy find unfit, or too infirm thyreCor ; and may order and direfl: fuch who, being able, fliall rcfufe to work, or who (hull mifbehave, to be puniQied by folitary confinement, or by ftop. page of their allowance of food, until they become obedient, or by fuch other ways and means an the faid ComniiiHoncrs may diredl and order for the general government of the houfe and paupers. III. Be it alfo ena^ed, That the earnings of tlicpaupers (hall be fairly rated by the Commifli- oners, and a regular account thereof kept, fo that the earning of each may be known and afcer- tnined, and the furplus thereof, after deducting theexpence of doathing and food furniflied to fuch pauper, fliall be accounted for, and paid, to the pauper who may have earned it, without any defalcation or abatement whatever : and whoever fliall mifupply or embezzle the poor funds Ihall be liable to pay treble damages, wirh full colls of fuit, to the party injured thereby. Provided always. That the Commilfioners, or the major part thereof, may direct fuch furplus to be laid out and expended in fuch irticies of doathing, ur other neccHarics, as the pauper may be in want of: fpirits, or ftrong Uilnk, excepted. v- IV. And be it alfoemded, Ihat no C'onuiiiflioner, keeper of the houfe, or other perfi)n em- ployed under them, or eitlicr of ihcni, Ihall derive or receive any fliarc or intercft in the earn- ings of the paupers, on pain of immediate diiniifiion fromoiltce, and abfolute difqualification therefor, and iliall be alio liable to repay double the fum fo taken frv)m the paupers, to be re- covered by information or action at the luit of the p.iuper, or of a major part of the Com- niiflloncrs in his or her bcludf. V. And be it alfo enafled. That no rum, orotlier ilifiillcd fphltunus liquors, fliall be allowed to the paupers, or be btn ' t, fnki or drank, within the houle and prcmifcs appropriated to the ufe of the poor ; th.ti the paupers Ihall be fed on foups, barley broth, flcwed meat, whcatcn, rye, outcn and iiulian, bread, or cakes or puddings, and alCo on filh and vegetabJL's, in fuch way and manner as t! '" aclnr.; ConunilTioner may, from time to time, direct : and an account be kept of tiic coll of fuch nieal, thai tlie earnin^js of the paupers may be taxed accv.r- dingly. VI. Be it alfo enacted. That llic doathing for the paupers, in winter, fl»all 'be a warm, but coarfe, jacket and trowfers for each male, and.a jacket and petticoat for each female, and ih>) a flrong cotton fliirt or fliift, with yarn flockings and leuiher bufldns. VII. Be it alfocnadedy Tiiat the men and hoys fliall be tmployed daily in plckii;.': oakum or or raljnng wood, or in fuch trades as can be taugluanJ foUiiwed in the houlc, arai liie women G b and C. VI. 44» CommilTionera vedetl with all the power • of for* mcr Ovrirccri, antltoexcrcireit monthly, by riH ution. Mode of pr«. ceciling on the death ufany at' the Cummilfi- oneii. A^ing CommM^ tloncr to hifc power to direA the fix)d, cinath- 111(^1 Ubuur and puDilhnient ol' paupcri. Account* to l>c kept uf the earn- in)ti of the (> togcthcF with-fnch rooms in the houfe, and fuch allowance of fuel and provifions, as they may think fit. TJie Commiflioncr«;, or the major part of thcin, or the acting Commiflioner under their authority, (hall direcl and order all the purchafes that are to be made for the ufe of the houfe and paupers, in which neither the .Gommiflioner nor keeper flirll have any profit or emolument whatever ; and Qiall alfo make and publifli rules for the p' neral gOYernmcni iind management of the houfe, the keeper, fcrVants and paupers, as they may judge befi fromtjme to time, and may expel and turn out of the houfe, and grounds, all fuch perfons, belonging thereto, as (hall be difobedient and refradory, and, all other perfons whomfoever, if they Ihall fee caufe therefor. - X. And be ii further enacted^ That a^ monies or donations of whatever kind for the relief •of the poor, ^ aid or delivered into the hands of the faid Commiflioners, . (liall be by them applied for the relief and maintenance of thrpoor under their charge, and the faid Commil'- licnersfhall keep fair and regular accounts of all fuch monies and donations received by them, and alfo of all fums of money paid or expended by them, for the fupport and maintenance of the poor, and aUo of the earnings of the paupers, and of the difpofal thereof, and fhall an- nually, and every year, on the iirft day of January, or oftener if required, render a full and true account thereof^ in writing', to the Treafurer of the Province, to be by him laid before the Supreme Court, for infpeftion and audit. XL And be it further enabled, T'hat all vagrants, beggars, and dtfordcrly perfons of nny kind, Ihall be receivec by the Commilfioners into the poor-houfe, fo that they may be made to earn their liyiiig ; and fuch fturdy pauper* as can work,.and will not, fliall be compelled there- to. Prov: Jed always, that the faid Commhironcrs fhall not be obliged to furniQi mpre viftuals to fuch difordcrly and difobedient pcrfon?) than their earnings will pay for. - XII* Athl be it further enatledy'Tlmi V.ii:o\)crmon o( this AJi. (lull commmencc and take elTecl on the firft day of January, one thoufand eight hundred and two. Cof^rr.iflioners empowered to bir.d out boys ot gills. Appointment of a Keeper. His fulary. Commiflioners to order and diiciSt all purchalJLS. CommifHonersto expel the difobe- dient ^nd rsfrac- torv. Aceount of the .eceipt and ex- penditure of the iliid Houfe, to be rendered on tiie ift January, an- nually. Beggars and vi- {>nlx)rds tobere- ceived,»nd put to labour. Coniinenccnient , of Aft on firitof January, i3oz... '>-ui ;v f rca(ub!<:. .. GAP. Vll. '. An ACT to revive, and contlnac, an A61 made in the thirty-fixth year of His Majefty's reign, cntiJed, An A61 to encourage tUe killing of Wolves, Bears, Loup Cervicrs, and Wild Cats. WHEREAS en AcJ, made in the tbirty-pxih year ported. Continued to the prclcut period. rreamble. Perfons taking out ,1 licence jfor retail of I'piriti;- ousliquorstopay iS. M. to Cleik of tht- Pcice, tor his troubk'. Cor tinned to the prcljnt peiiud. CAP. XIII. An ACT to continue an Ad, made In the Thirty -fevcnth year of His prefcnt Majefty's reign, entitled, An Adlto revive, and conti- nue, an A61, palled in the Thirty-third year of the rtign of Hisprc- fcnt Majefty,cntitled; An Ad. inamcndmcnt of, and in addition to, an Ad, matle in the Tnirty-third year of the reign of His late Ma- jcfly, entitled. An Ad for regulating, and maintaining, a Light Houfe on Sambro Ifland, and in addition to, and amendment of, an Ad. made in the Twenty-eighth year of Hisprefent Majefty's reign, entitled. An Ad for rvgulating^ and maintaining, a Light Houfe at the entrance of Shelburne Harbour. Expired. CAP. 44^ C. XIV. Anno qiuadragefimo primo Georgii HI. 1801 Prtimble. Shipwrecked (;o(i(!s,?-.c. tobe prelcrvtd for the tiwpers, and per- f.ins difcoverinp; the fame to give notice to Slierirt", Corontr. orOfh- cers of Cuftoms. Perfcnsrober"- liifl-jd wliofteal, or i)bn-''U(5t per- forsemplovi-'lin fa\inB riuiclry. Ff rfnns to fufflr dtath wlio put out fJi'e litl.ts- If '.lie amount flokn does not exoet-J 4CS. pcr- fon puniiiitil lur Peiit LaiCv;ivy. Ji {tires' to iflue V,aiiiin!3 for go'ut s Uok lioin Vii'^lsS) or Lo.i- r",l'.-.l, and pci- lonS(:U'l^> 'O lit CAP. XIV. .An ACT for the Security of N^Yi^ationjand for preferving all Ships, Veffels and Goods, which may" be found on (hore, wrecked or ftranded upon the coaft^ 0f this Province, and forpunilhing per- fons who Ihallfteal Shipwrecked Goods, and for the relief pf per- fons fufFering lofs thereby. WllEREAS the frc/ervation c/Jhipwrcded goods, as tuell as the puhijlmunt of peffons iubt fl->idl plunder or conceal the fame ^ are of great importance : I. Be il thtrefcreenadcd, by the Lieutenant-Governor^ Council arJ A/femblyy That all wrecked, ftrandcd or abandoned, fliips or veflbls, an ' '^ '^.vn-cked goods ot every land and denomU nation vvbatfi:)ever, whether appertaining to the vcffel, cargo, or otherwilc, which fi)all be forced on Ihore, wrecked oritrandcd^ upon the coafts of this Province, or of the Ifland of Sable, or which fhallbe found floating in tJie rivers, bays or harbors, thereof, or fo near to tlie coaft thereof as to be v ithia foundings. Cull be carefully prefcrved, and taken care of for the right owner or owners, andthc pcrfon or perfonsdifcovering or finding the fame, fliall give iir mediate notice to any one or more of the feveral officers hereafter named, viz. to the Sheriff of the County, Coroner, Officers of the Cuftoms, Officers ef Impoft and Ex- cile, or Jufiices of the Peace, whichfocver of them, or either or any of them, fhall be neareft at hand, and fuch officer or officers, or a majoiity of them, if more than one Ihall attend, fliall in mediately lake all ncceffiiry meafures for fjcuring and prcferving of all fuch fiiips, veffels, goods, effects, and property of every kind, end fliall proceed therewith as herein after direfied ; and if any perfon or pcrfons wliatfocver, fi. all plunder, fteal, take away or deflroy, any wrecked, ftrarded or abandoned, fliips or veffels, or any kind of goods, wares and merchan- difc \A hatlbever, v.Iiich fliall be wrecked, loft, ftranded, or call on-fliore, on the coafts of this Province, or of the Ifland of Salle, or fliall fteal, or take away, any kind of fliipwrecked or left goods, wares or mcrcLandifc, \\ hich fliali be found floating in the rivers, bays or harbours, of this Pre/ incc, or contiguous to the fliures thereof, except fo far as may be neceffary to brirg tlic f: t..e to the fliore for fecurity, or fliall plunder, fteal, or take away, any of the tackle, a["parc!, furr.irne or provilion, of any fliip or veflel fo found wrecked, ftraiidcd or caft away as afcrefuid, (\\ Iietlicr tliere be any living creature on board fuch (hip or veffel or not) or fliall beat, wound, or othcrwife wilfully obftruft, any perfon or petfbns endeavoiing to fave his, I'.er or their, life or live?, from fuch fliip or vcffel, or fluiU put out any falfe light or lights, with intenilon to bring any fliip or veffel into danger, then, and in all fuch cafes, the pcrfon or perfcns fo offending, fliall be deemed guilty of felony, and, being lawfully convicted thereof, fliall fuffcr death, as in cafcsoffclany, without bene 'it of clergy. II. Frcv'ukd ahvnys, and be //c'/w^f^/. That when any goods or effefls, which arc under the v?,luc of forty fliillings, fliall be loft, ftranJcd, or caft on fliore as aforefaid, if the fame be ftolea witlKiut any circuniilanccs of cruelty, cutr::ge or violence, the pcrfon or pcrfons convicted of fiuh flcallr.g, Cull fuffcr only the puniflimcntwliich. the laws direct in. cafes cf petit Lir. cenv. lil. Ana i : it /:,, '/v.r .. w7 d, That all and every \\U Majcfly's Juftices of the Peace through- out t lie P/ovince, iiiii!, i.pon ijii jrniation inailcbcforc him or tlieni, on oath, that any kind of loft or fl'.ipwrcck(.u goods, as aforclaid, ov any thing belonging to any vtflel, loft or ftrand- cd, as aforcfvid, ,'i;'-; l.'.:u crrftii a\ mv, or cone Jed, in any place wh.ufoever, fuch Jufticc, or jufutcs, fli.ilifue .'iisor t'icir wai /it or wm, ; ir.ts, for fcarchir.g of all pliiccs, where the fan'c il.all l.c fu*pc6lf U \v x cvncca'ii.^, and if any futh gocds le found In the cuftudy or kcL-piig cf ai.Jf M iSori Anno qua^Iragefimo priino Georgii III. C. XIV. 447 anyper(<>n orpcrfons whatfocvcr, who (hall appear to ftich Jufticc, or Juf.icjs, to ha^cwlfui- fully concealed, hid or kept, fnch goods from being found with a fraudulent intcntic n, it ihall and may be lawful for fuch Juftice, or JulHces, to commit fuch perfon orperfons to the c mn- ty jail, there to remain until h'!,fhc or they, may be delivered thorcfrom by due courfj of law. IV. And belt further emctcJ, That the officers herein before named, or any one or more of them, when any fhip or vcflel fhall be in danger of fhipwreck, or when any veird or goods, fliall be wrecked or caft on fhorc, or ihall be difcovercd floating as aforefaid, to require and command as many men. of the neighbourh<5odj as fliall be thought neceflary to aid and affill in the prefervation of the lives of the people on board fuch ftiip or veflel, and to prcferve and favc the vefiels' goods, or whatever elfe may. be wrecked or loft, or in danger thereof ; and fuch officer or oflicers, may, if neceflary, command or crdcr the maftcr^ or principal officer, of any fliip or veflel, which n)ay be at anchor near to the place where fuch afliftance fliall b:; required, to furnifli affiftancc. with his or their boatSj and as many men as they can convenient- ly fparc, and all perfonsfo ordered by fuch officer or officers to aid and ainil for the purpofes aforefaid, are required to give their attendance accordingly, and to yield ready obcciience to the orders which fuch officer or officers fliall, from time to time, give for the acconipliilinvjnt of the purpofes aforefoid, and if any perfon or pcrfons whatfocvcr, when commanded by fuch officer or officers to give his or their attendance for the purpofes aforcfaid, or when notified fo to do, by a perfon appointed by fuch oflicer or oflicers for that purpofe, fliall rcfufc to at- tend and give hisaffiftance, or (hall difobey uny of the lawful orders which fuch officer or offi- cers fliall give to fuch perfon' or perfoRh, touching or concerning the premifes, it fliall and may be lawful for any one ofliis Majefty's Juftices of the Peace, on complaint made thereof on oath, to commit fuch offender or offenders to the county jail for trial, unlcfs he or they fliall give good fecurity, to appear and anfwer to fuch complaint at the next General Scflions of the Peace, for the county or diftrict wherein fuch offence (hail have been coi;miittcd, :<.n<\ if fuch perfoia or perfons fliall,- on information to be exhibited a;';ainll him or tliem, be found guilty, the perfon or pcrfons fo convictjd, (hall each p.iy a fmv notexcccdinp^ fifty pounds, or be impriftmed in the county jailj for a term not exceeding JiXuronths, at liie difcretioa of the Jufl;iccsof faid Seffions, and according to the nature and circumftaiiccs of the ofTcnc, and for the encouragement of fuc!) perfon' or perfons, as give affifl:ance to fuch (hips or veifcls lo mi diftrefs, or to the people or crew thereof, who may be in danger, or who (h;i!l ?ffill in the fecuring and prefervlngfor the right owners any property whatfoever, whic' hall be wreck- ed, loft, caft on (hore, or found floating as aforefiid, fuch perfon or pcrl^ thirty days after the fervice performed, be paid a reaionablc reward for i commander, principal oflicer, mariners, feamen or owners, of the ve.Ccl, f- prefervedas aforefaid ; and the goods and property fo favcd, or in default thereof, the veflfcl or her materials fliaU remain and be held in the cuftody of any or either ( ' c herein before named. officers, until fuch charges be paid, and the officer or oiliccrs, ami others who flia'.I aid in performing fuch fervice, fliall be reafonably gratified for the affifl a ■ which he or they have actually and fairly given, toucliing or concerning the premifes. / v. VtJrt/:wvr, that no perfon or perfons fliall be entitled' to receive any gratification for his or their fcrvicL*, if du- ring the time thereof, he or they (hall have been guilty of diflibnefiy, niiil>ehaviour, or dif- ordcrly conduct of any kind, and unlefs the officer or officers, if any (iich Ciall attend ar.d di- rect the making df fuch falvao;e, fliall certify the I'erviccs actually perforr.Ku by each and every perfon who (hall demand gratiJication, and the quantum of ilich reward or gratification, to be paid to the officer or ofiicer=;, perfon or pcrfons, cliiniing the fame, fliall be adjuflcd and fet- tled on a reference to be made to three of the neighbouring Jufiiccs of i! o 'eacc, to be n;u- tually chofcn by the parties j which Jufi^iccs flwll adjuft. the quarjlum cf the reward or grailu- cation. fliall, witliin lame, by the Is, or property officers impow. ered to deni•. to receive n> cuinpcniition. The qiiintiim f.f re w;ir'( to Lxr 'o ilr.l bv thue JdJliccs. 448 C XIV. Anno quadragefiiiio primo Georch III. iSoc t* Ni When no perfon appear! locliiin goods, pan to he ibid to pay ial- cation, to be paid to the pcrfons employed in making fuch falvage, and fuch adjuftment fhall be binding to all parties, and fliall Ix: recoverable in an a<51ion at law, to be brought in a- ny of His Majcily's Courts of Record In this Province, by the parties to whom the fame fliall be allotted, and in cafe it fhall happen that no perfon or pcrfons ihall appear, to make his claim to all or any the goods that Ihull be favcd, that then, and in fuch cafe, the officer or of- ficers in whofs cuftody the fame may be, fliall fell fo much thereof as will be fufficient to fatisfy, and pay, the fum or fums of money adjufted, and allowed^ for the falvagc thereof, with incidental charges incurred, or if the gootU are in danger of perifliing, or of being o- therwifc loft by delay, then the whole to be fold ; and fliall piit fome principal officer of His Majefty's Cuftoms, or fomc other rcfponfiblc perfon, in cafe no fuch officer is prefcnt to re- ceive the fiimcinto immediate pofTeffionof.the goodn or money remaining after payment of the falvagc and cofts aforefaid, firft taking an account in writing of .the faid goods, or money, to be figncdby the officer of the Cuftoms, or perfon receiving the fame, and if the faid money, '^^ ' rerrons np- orgoods, fliall notbelcgally claimed within the fpace of twelve months nextenfuing by the proptnythepio. owner thereof, f\ich of the goods as may be on hand fhall be forthwith fold at I'ublic Auction, kwUiJiVealiry ^"'^ ^'^ * *""n>cs arifmg from fuch fale or fides, rcafonable charges being firfl dtdufted, with a fair and juft account of the whole, fliall be paid into the Treafnry of this . Province, there to remain fi.r the benefit of the rightful owner when appearing, who, upon affidavit, or other proof made of his, or their, right or pi-operty therein, to the fatisfaclion of the Chief Juftice, or one of the Jufliccs of the Supreme Court, fliall, upon his order, receive the fame out of the Treafury. V. ProviJfJalu'ays, ami bcit further ena^cii\ Thzth il\A\ln(^t hie hwful for any perfon or 11 the proper- pcrfons whatfoevcr, under pretence Of making falvagc, under" the authority of this Acl, orun- 7 o '"""f"^ '" <^'^'' any pretence whatfocver, to meddle or interfere with any kind of property whatfoever, pi- ;on or per- if there be found any perfon or perfons wh?rf()evcr in the charge or cuftody thereof, unlefs fuch perfon or perfons fhall require his or their affiftancc, in which cafe notice fliall be immediately given to one or more of the officers herein before named, that fuch affiftance is wanted, and it fliall and may be lawful for the mafter, or other perfon or perfons having charge of any fliip or vcfTcl, or prjefly's Jufii- ces of the Peace, that fuch perfon or perfons had wilfully gone on faid Ifland, and was found fojourning there without Ucence as aforefaid, it fliall and may be lawful for fiich jufliccs to commit fuch perfon or perfons to jail, to be imprlfoncd therein for a Q^ace not cxcetding fix months, and until he, flic or they, fliall give fecurity for his, her or their, future good beha- viour, and fo much of the goods aiideflefVs found on faid Ifland, of whatfoever kiiid or nature foever, in the pofleflion or cuftody of fuch perfon or perfons, as fliall be fuflicient to pay the charge of removing fuch perfon or perfons with fucli efTeflts, fliall, by order of fvich Juftic«s, be fold, and the neat proceeds of the fame fliall be applied to the piiiyment of loch charges and expences, and the refidue returned to the owner or Owners, unlefs fuch gooi'.s and propcr- •ty fliall appear to have been caft on the fliore of faid Ifland by the fca, or to have been procu- red fromfome wrecked or ftranded fliip or vcflel, in which cafe fuch kind of property Hull be ft)ld, and the neat proceeds thereof, after payment of the charges, fliall be paid toihc propri- etor, or his agent, on due proof of ownci-^up being made ; or, oilicrwife, lodpjedin the Trea- fury of tlic Province for the light owiier or owners, agreeably to the rulci and regulations herein before fet forth. .IX. And be it further ena^ed. That the Clerk of die Peace fliall, on tlio firil day of each and every General Seflions of the Peace, in every county arid diih id of tlii> Province, ioimediatc- ly on the opening of faid Court, and before the Grand jury fliall depart from the Court, H b diair.aiy PetfiiBH to fulTer ijcath who make any hole in a vrl- fel, or oiherwil'e attempt to def- tiuy her. SJilc Ifland to tie iiilpcifted, aod pcrCens appre- licidKii who rc- (Itle theie witli* out licence, to be fent to Huli- fax, and impri- runt.d(ixmomli(. iSooiJscaftonthe I'loic lit the \- (l.ind, and tound in p..(le!iion oi a pcii'iin on the I- ilrtnd how lo \fi dilpuled at. Tl is .^.'t to i-e re... ill', ClviK i>( thi- l'«ni', li it (lay Majefty's Juftices of the Peace, as, in the opinion of faid Juftices, are beft qualified, and wili be moft likely pundually to attend the duties of faid Court, whicli lift fliall be delivered to the faid Clerk j and the Juftices named therein, whether of the quorum or otherwifc, (hall be called on, in rotation, to ferve in faid Court, purfuant to the provifions contained in the faid Ad hereby revived, any thing therein contained to the contrary notwith- ftanding ; and fuch lift fhall, at every Quarter Seflions of the Peace, at a day to be fpecially ap- pointed fyr that purpofe, or at a Special Seflions of the Peace, to be called particularly for that purpofc, be reviewed, altered and amended, fo as to keep cooftantly thereon a fufticient number of Jufticts, who will zealoufly execute the duties of faid Court, and the faid General or Special Seflions, fliall likewife feled from the Conftablcs of faid town, a fufKcient number of the moft capable, and fhall deliver a lift of their names to the faid Clerk, who fhall fummon them to attend the duties of faid Cour*, each in rotation, for fuch period of time, as the faid Juftices fhall appoint, and the faid Juftices fhall, before the expiration of one month after the publication of this Ad, take every meafurc requifite for the opening of faid Court, and fhall publifh the time and place when and where faid Court fhall be opened and held, as likewife the name ol the Clerk of the faid Rotation Court, and the place where his oflite fhall be held, and the hours during which fuch Clerk fhall be obliged to keep his ofllce open throughout the year. III. And be iifitrtha-gnacted. That, from and after the opening of fa'd Rot.ition Court, fo much of the jurifdlclion given to one or more Juftices of the Peace, witiiin the faid town and peninfula of Halifix. as rcfpeds the trial of civil caufes for fums not exceeding three pounds ■i\nd I'lcttubk. Aft revive'' feaulatcth '■•• mi y 'lii Aitioi.'. Jufhcrs to ap- point u CletL JiifUcfs to fcrv.'; in Uokitian. Cleik and t!ic \vl>€re he his ofltce puvl'liicJ. pi. -e iioljs to be I'.iwjr taken fro'ii thrc-e Ji.ffi- ccs to tiy catii-'s ^.itcsccdi^iCol. i8oi Anno quadragefimo primo Georgii III. C. XVI. 451 , oreffeft, an- tch inconvenience and the recovery of all penalties ami forfeitures impofcd by law on any ofTiMidcr or offenders, or the awarding any puniflinicnt or punifhnients whatfoever, of which one or more Jufticeor Juftices could heretofore take cogr.izance, fhall be veficd in the Juftices compoiing faid Ro- tation Court, to be adminiftcrcd by them purfuant to the provifions contained in this AA, and thefaid A& hereby revived ; and any proceedings whatfoever in fuch caufcs, before any pcr- fon or perfons after the opening of faid Rotation Court, (hall be, and are hereby, declared to be null and void, any thing in any law of this Province, not hereby exprcfsly repealed, to the con- trary thereof notwithflanding. Provided always^ That nothing in thiscl.iufi! flrall extend, or be conftrued to extend, to prevent any one or more Juftices of the Peace within the faid town and peninfula of Halifax, from exercifmg the jurifdidion given them by the eighth fef^ion of the faid Aft hereby revived. IV. And be it further cna^cd. That upon an alarm of fire, or any other diflurbancc, all the Juftices whofc names are on the rotation lift, or a fulllcient number of them for compofing the faid Court, fliall attend at the ufual place of holding the fame durinj^ the time fuch diftur- bance (hall laft, and all budncfs then tranfaded fhall be as good, and valid, as if the fame were done at the ftated and fixed time or times of holding the faid Court. V. And be it further ena^cJy That the Clerk «)f the Rotation Coir t Hinll and may, when and fo often as any one of His Majefty's Juftices of the Peace fliall require it in writing, fummon a Special Rotation Court, to be held at any time previous to the ftated da) b -.ind times appointed for holding the fame, and thebufinefs triinfacled at fuch Special Court Ihall be valid in all rcf- pcifli as if done by faid Court, at its ftated time or times of ^tling, and in cafe any one or more, of the three Juftices, whofc turn it fliall be to fit in faid Court, fhall be prevented from giving his attendance at any one or more of the fittings of faid Court, whether a Special Court or otherwife, one of the other Juftices, in rotation on the faid lift, ftiall be fummoned to ferve in the place of the Juftlcc foabfent, and the Jufticc fo abfent fliall fcrve a like number of days for the Juftice or Juftices fo doing his duty. VI. And be it further emuHcd, 'Oiat thefaid Aft hereby revived, together with tliis Act, fljall be and continue in full force and virtue until the thirty-firft day of July, which will be in the year of our Lord one thoufand eight hundred and two. and giTcn to tlie Uotation Court. Juftice I to retain tlie Power thtry pofTcfled by the 8th fcciionoiihe Kit revived. In cife oF Fire, the Juflicet to huld RotatioD Court at thcufu- a! place. Clerk to fummon Special Rotation Couit, when re- quited, in ^^ri• tine. This Ai\ hi! iKren tVitliercdn- tini::d. CAP. XVI. An ACT to continue an Ad, made and pafTcd in the Twenty-ninth ^■■■ year of His prefent Majefty's reign, entitled, An Ad for the better iiipport of the Poor in the refpedtive Counties within this Province, by laying an Import Duty on articles imported into this Province, from the Unittd lAates of America. ■iitd. cjr. 45 » F.xpireJ. Appoinfmcnl of Coniminionera for expending monies voted for the fcrvice of ro«dsundbridj{cj rreiliiier ofth" Province to be farniflieJ with a liil ofiIi3 Ciini- niilnuntis I'u ap- pointed. How CommiiTi- or:eis are to prc- C-ttd on niikiT.g, building, or tc- psiring, anv bndpt; or nm',, ordirtd to Ll- i)i;idc or re-.iiiirtd bv t'Vj {r;:i'.'rj' Atl'^iubly. ' e. XVII-XVIII. Ai>no quad rage fi mo primo Georgii III. 1*80 ^ CAP. XVII. An ACT to continue an A<^, pafl'ed in the Thirty-fecond year of His prtTent Majefty's reign, entitled, An A61 for the further increafe of the Revenue, by raifing a Duty of Excifc on all Goods, Wares and Merchandifc, imported into this Province ; and alfo the A^ in amendment thereof, paffed in the laft Seflion of Gen'jral Affem-^ bly, entitled, An Aft to alter, amend and continue, an Afk, made and palTcd in the Thirty-fecond year of His prefent Majcfty*s reign, entitled. An Aft for the further increafe of the Revenue, by raifing a Duty of Excife on all Goods, Wares and Merchandife, imported into this Province. CAP. XVIII. An ACT for applying certain monies, therein mentioned, for the fer- vice of the year of our Lord one thoufand eight hundred and one; and for appropriating fuch part of the Supplies, granted in this Seflion of the General Affembly, as are not already appropriated by the Laws or Aftsj of the Province. [The ifti ad, 3d. luh. and i;th. Se(^iioni ofthitAA are not printed, the fame having been executed ; the o:her Sciftiont r.i* piinted, Uiey being continued in force by.fublequent Acpropriation Acts.] .. IV. AAiibe it furl kr ena&etl. That it (hall and may be lawful for the Governor, Licutenaiu Governor, or Comrrander in Chief for the tinne being, by and with the advice of His Majel- ty's Council, from ti:;i2 to time, to nominaie one fit and proper perfon for the expenditure of each fum of money voted the prclcnt Seflion for the repair of roads and bridges, fuch perfon ro act as Commiflioncrand Trudec, for the purnofc of direct "ng and fupci intending the ma- king, building or repairing, fuch roads and bridges, within c.ich county and diftrict in the Province, as fliall have been directed to be made, built or repaired, the prefent Seflion of Ge- neral Aflembly, and for the doing of which a particular fum of money fliall h.ive been granted ; and it Hi all be lav.hilfor the Governor, Lieutenant-Governor, or Commander in Chief for the lime being, by aiid with tlie advice of His Majefty's Council, atplcafurc, to remove any or all of the faid Commiflioners, and to appoint others in their room ; and the Secretary of the Pro- vince (hall furnifli, to theTreafurer of the Province, a lift of the names offiich Commiflioners, and.'the particular fan of money for which each perfon flull be refpcclively appointed, and alfo fball furnifli faid rreiifurcr, from time to time, with a lift of any alteration that maybe made in tlie faid ('(unminioncrs. V. /i>:d belt further cnnSledy That it (lull not be lawful for any of the faid Commiflioners or Truftccr,, to proceed on making, building or repairing, any bridge or road, ordered to be made, built or r- .li.ed, for which a fnm of money fliallhave been particularly appropriated tliis Scirion,in aiiv other way than by contract, having firft taken care to give due notice of fuch contract, bcf.'^vc the fame fliall be clofcd, all which contrads fliall be in writing, figned !)y the parlies, and c vict copies fliall immediately be tranfmittcd to the Treafurer (if the Pro- vince. /';(;i'/fAY//:':r,7.r, that each of fuch ConuniinonerSy before they enter into fuch con- tract, (hall r-^uire uui'ar.ablc fccurity from the contradcror contractors, that he or they fliall perform »!• I'SoD I i-fjoi Anno quadragcfimo primo Geoigii III. C. XVIIT. 4^^ md year of ler increafe ds, Wares b the A a ral Aflem- Aiont m* r, Lieutenaiu of His Majel- spcnditure of i, fuch perfon ding the ma- cliftrictin the eflion of Ge- »cen granted ; > Chief for the ovc any or all ry of the Pro- nmmillioners, (pointed, and that may be ommiffioncrs irdcrcd to be appri)priated -luc notice of ■iiing, figncd (if the Pro- o fuch con- or they dial] nerform perform fuch contract; and if the contra^or or contra^ors (hall require any money to be paid in advance, fuch Commiflluners may, from time to time, advance any part of the amount of faid contra^, not exceeding, at any one time, one third part of the whole ; and no advance to be made, until two fufficient bondfmen become bound with faid contractor or con(ra(ft()n, in double the fum to-be advanced, that he or they will perform and complete luch contract -, and no fccond advance flijfil be made to fuch tontraflor, until one half p>rr of iatd work (hall be executed^ examined and paflcdi as having been done in a workman-like manner, agrcca- ble to contract, and the faid Oommi(noner (hall fo word his contract, that the (aiiic Hull be fi- ni(hed within a limited time, and that he (hall always withold the payment of one third part of the full amount- thereof, until fuch work (hall be nuSIhed, and fully executed agreeably tu contract.- VI. jind be it further tnnHed^ That the faid rommifliorter* Aall accoutit cxaflly fn the man- ner hereafter mentiom-d for the money from tmic to time advanced to them, arul (hall pay the contractor or contractors in money, and not in any otlier manner whatloevcr. And when luch Commiflloner or ConimilTioners have had their amounts paiTcd, or approved of, by Ills Majcfty's Council and lloufc of AflTembly, and (hall, in the firil irftancc, have obtained a cer- tificate from tho JulUccsin their Sellions, and the Gran I Jury for the county and diftriit in which the Comminioner of fuch road or bridge (hall refide, that fuch contract or (Jontran* have been faithfully executed, an J the money voted for fuch work properly laid omt, fuch CommiHioners (liall be entitled to claim and r-jccive ici much per cent, on the fum fo expended, as (hall hereafter be judged to be arca(bnahle ci>mpcnfati«n for the fcrvice of fuch Conmiidi. oner. And all the Commiflloncrs who have been, or (hall be, appointed to expend the fcveral fums of money, v^fcd in the laft Seflion of General Aflembly, for the repair of bridges and roads, (hall account for the expenditure of the money truitcd to them in the manner herein before directed, and (hall be entitled to the fame allowance when their acccvunts (hall have been certii :d, paffed and approved of, as aforefaid. VII. And be it further enabled. That when any contractor t;: contractors for repairing of roads throughout the Province, (lidl do any work on fuch road or roads at any time after ihc 'if- tcenth day of October, it (hall not be lawful for the Conniiinioncr or Commiflioncrs for fuch roads, to receive fuch work from fuch contractor or contractors, or to pay for the fan.c until fuch road or roacU (hall have been examined and certified, on or after the firft dpy cf June fol- lowing, to be then in the ftate and condition they we|4^>ntracted for to be niaut-. VIII. And hs it further enaclcd. That the fcveral fums wl.ich are hereby granted in llio i\):\y- milTioners of roads, arc in full for their refpectlvc fcrvice-* during the paft years, and each fum fliall and may be divided between the Commiflioncrs, acting under '' ah conimin'ion, infw Ii fliarcs and proportions, as each of the perfons named therein (hall be entitled to, according to the fcrvices which each perfon may have aiftually pcrfoi ined in the execution thcrcrf. IX. And be it further enailed. That whenever it (hall be necefilir • to hold a Court of Nlfi Prius, or Oyer and Terminer, or (JcTleral Jail delivery, in any o* the counties of this Pro- vincc, the Judge of the Supreme Court, who (liall be ordered to hold fuch Court, (hall be allowed and.paid al the rate of one pound three (hillings and for. r pence per day, to pr.y hi} ex- pen ces ; audit fhall be lawful for the Governor, Lieutt-nant-Govcrnor, or Ccmmunder in Chief for the time being, to order thei^ime by warrant, to be paid out of the Tieafury of the Province ; fuch daily alit)wance to be computed from the day on which fuch Jiur^e leaves his hijme, until the day of \m return, and no longer. X. And be it further enti"u.\ Th:it the ComnMumer'i of the Revenue for the time In-ir'n;. (liall be Comuiillioners fi^r the purpofc of directing, ordering, aiul contra* ,ing for, fuch re- pairs as may be ueceU'ary at the Govcrntnent-Iioufe ; and that all rcpairi hereafter lo be iratle, (hall he under theclircJlion of the faid Coinmillioners. ■v 't Wurk to l)f (!'iers ut !;■ mi.', iiir tlifir i. vi:;«, when '■< ';inp iin.c!f.T cpc li'ir.uiiiuion.tube .1.1. fsccf.H'prtne C'VU't, wlicr or- t)>Kii to hi III Cnurt (if Kii; Piii'.', SiC. to Ix.- all()-,VL-r:il. ,i'. 4d p.' I -ly lor liii e.V-iici.$. ^0•n'!)!■J|.■l^!•rc(^f '1>.- K'.vvr.uc 10 iliufl til- -efj.'is .it ■ •■" '; vTH.- <^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 l^m 12.5 2.2 lit ijj2 m •" 136 i i.l us ■ 40 2.0 iJJ. |L25,|U ,.6 ^ 6" ► ^B "^ JW^ 'i> Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 ? 4' V V (Jovsrnrr to lir.iw niDiicy fiir fupportufprifon- eisc '!iimi-tcd to fie C>nnty Jail ot° Kulifax. AMo'j'nnce to Cdlloflorsof Im- pofl und Excil'u. No Tiaderto "oe Collcc'lor. 4 54 C. XVIM. Anno qua^ragefimo iMrifto Ofi61(6iT IH. ' lAdi XIT. Andbe it further enaHcdy That it (hall ard niay be lawful for the Governor^ Lieutenaht-i Governor^ or Commander in Chief for the time being, t6 draw by warrant on the Treafury fuch fum or fum« of money as may be ncteflury to defray the expcnces that may arife during the prefent yea.- in maintaining prifoners committed to the county jail of FTalifax, and not by Jaw chargeable to the county, and a!fo for the expence of bringing them to faid jail. XIII. And be it further enaHedy That there fliall be allowed and paid to the ColleftoTs oflm. poll and Excife, out of all and Angular the duties refpeftively collcfted by them, and paid in cafli into the treafury of the Province, Aat is to fay, to defray the charges of colleftion in the diftricl of Halifax, four poutuls ten fliillings, and no more, on every hundred pounds there cullecled arfd paid ; and ten pounds, and no more, oh every hundred pounds coUeded and paid at all and every the other diftricls and ports in this Province : which feveral allowances fhall be in lieu of all fees, perqiiifites, and allowances whatfocver. Provided neverthele/s. That if any Colleftor of Impoft and Excife fhall, direflly or indircftly, follow and cxercife the bu- firefs or trade of a merchant, fliopkeeper or dealer, in any of the articles by law fubjeA to the duties, he (hall forfeit and pay for each and every o(Fcnce,the fum of fifty pounds: to be recovered in .ary of His Majefty's Courts of Record in this Province, by bill, plaint or infor- inatJon, one half of which forfeiture (hall be paid to His Majefty, for the ufe of the Government of this Province, the other half to the perfon or perfons profccuting for the fame ; and no com- nnlllon (hall be allowed fiich CoUeclor on the duties by him coller, or Coniir.aiulcr in the Cliii f for the time being, to draw warrants on theTrea- fuiy for all fuch fums of money as are appointed by the perpetuallaws of the Province to be paid to ihejufiiccs of the Suprcn^e Court, college, ard rent for juLlic Luildh.gs. XViU. And he it further enacted. That it fliall nut be lawful for the; Trcafurcr of the Pro- vince, to pay any fur.i or fums cf nior.ey out of the Treafury of the Province, other thau fuch as are cxprcflcd and direclcd in this, or fortie other Aft or AT^s of t! :c Province, under the pir.nlry of live huncired pounds for every oftence, to be retnvrrcd by any perfon or perfons V ho di.iii fuc for the fu! e, in any of His Majcfty's Courts of Record in this Province, and to he av-f'liod to ihc ufe of fuch pcrli-n or pcrfc.ns fudng for tliofanie. XIX. And he it further enacted, TJiat to fiicilitate the collcdcion of the Rc^■cnue, and the Accounts, it (hall and may Lclawfiil for ihs Gover- nor, Al'owancf 'o Waiters & Gua- fiers. CVn ntrs fees, exivpce of in- C]ii flj.Scc. how dc'i.uycd. Cjiirmr to di f.v v.arrnnts o'l tlic Tipaiurr, i'-M tlio J^:l^jc^•s ot tne Supicmc t^u.l, S:c. Tiir:i(lr'Tp;ivIrg mor;i< 5 OKI ohic Trinhnv, (.xci'pt ur((ifr ilvi i\(\, or fume oil'ci, to l..y 5col. / "-.ioipiniTt rf <.:,>i.-n'-. c rsi'.oF I'l-.i; i C l-II, Anno quadrageiimo Tecundo Georgii III. iSoa At the GENERAL ASSEMBLY of the Prov5 .e of No- va-Scotia, begun and holden at Halifax, on the Twenti- eth day of February, Anno Domino, i8oQ,and conti- nued by feveral Prorogations to the twenty -fifth day of February, 1 802 ; in the Forty-fecond year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of-God of the United Kingdom of Great-Britain and Ireland. KING. Defender of the Faith, &c. &c. being the Third Seffion of the Eighth General Aflem- bIy„.convened in the faid Province.* •In the time of Sirjolin Wcntworth, Baronet, Lieutenant- Oovemor; S. S. Blower*, Chief Juftice and Prefident of Con*- (ii i R> J. Umackc-, Spealu:r efthe Aflembly ; . James. Oaut>er,Secreury of Council, acd James B. FranUiut Clerk ot Aflcmbly. Saprime Court to be held, annu- ally, at Truro, the Thui fdav be- fore fi'-ft Tuei- d.iy in June. In tl.o nhfiiice of the Chit! JulHcc the liiid Cjiut to be held bv one of tlic ani;l«.u Jufl Lets. (f incooveuicnt, laid Court nuy beheld tliewli<:ie in the diiliic'U CAP. I. An ACT for eftabliftiing a Circuit Court in the Diftri£t of Cdlchefter. BE // enabled by the Lieutenant-Governor., Council and Affenbly., That tlie Supreme Court (hall be held, annually, at Truro, in the Diftrid of Colchefter, on the Thurfday preceding the fir ft Tuefday of June, aod fhall ^not fit longer than three days from the opening thereof. II. And be it further ena^ed, Tl>at in the abfence of the Chief Juftice, the faid Supreme Court may be held at Truro aforefaid, .and alfo at Amhcrft, in the county of Cumberland, by one of the aiTiftant Juflices of the faid Court, and fuch perfon or perfuns, being a Juftice of the Common Pleas, or of the profcflion of the law, as the Governor, Lieutenant-Governor, or Commander in Chief for the time being, may, by advice of Council, aiTociate and com- niiilion from time to time foi that purpofe, any b.w, u&ge or cuftom, to the contrary not- wUhllanding. III. Provided always. That in cafe it (hall appear to the (aid Court, after its (irft (ittlng, that it will be more convenient to hold faid Court in any other part of faid diftri6t, it (hall be law- ful for faid Court to alter the place of holding faid Court to I'uch other place within the diftrict as dull be conformable to the prcfentment of the Grand Jury, that (hall ferveat fuch Court. CAP. II. An ACT for the ippointmcnt of Infpedors of Butter in the County of Cumberland. X^ K // cnadcd, by the Lieutenant-Governor, Council and Affimbly, That, from and after the pub- Modcofappoict- ■ -^ ' r i • ing J r.ipvjdori ot J^ liciuiou hrrcfif, the Juftices, and Grand Jury, m the County of Cumbc) land, at their ot'cu.'.unaud/ tJcflioiis, anr.ually, n.ay appoint one or more fit and proper perfon or peifons in each townfl)ip or diftricl 4^2 Mitii9t^[9a49it$^lSma&omi9Q^ C. 11^1 V. diftrid Kcitbin fud County, to be Infpie£loi'4>r InfpeAors of Butter, whn (hall be fworn to th^ true and. fdthful perfonnance of their o^^e* as other town oficers arc : and fuch Infpec- tor or Infpeftbr) oiF Butter (ball receive three jienccfbr each ind evtry firkin of Buttbrfi in- fpefted by them. II. /Inilt< itfitiiberena^edy That fuch Inf^Qxtr or lofpefVors fliail brand, on each and eve- ry firkin fo Inl^Aed, the tare of the firkin, and allb the quality of the butter, whether prime, fecond or third, t(^her with thenatne of tiSoi( COUNSEL ^No,SOLT.aTOR'8 FEES. . licitpi's JF.CCJ. Rijtainining. fcefor counfd; eaepwad iUee _0ii.igs andfompenee. . Taking itiftniaions to draw a bill, ten foiUin^H. Taking ioftjru^^ions to draw an nnfwer, tcnJhiU'Higi. ■. Making draught of a bill or anA^'cr; for every xiintif.-MioxAs, one JlyiUing. Counfcl's fee, for examiiiing jiod fig^irg, Vitc draught of each bULpr. aofwer, one pound ihKSf Mlllngs and four p^nce. ..^ ; Engroluog the. iame, every ninety, words, ^jifj^»«. Kut^ring an ap^arance jn.each cx^si^^ JtxjhUlings and. eight pence^j. Attending to file the bill, anfwcr> affidivit or petition^ three JhUlingf andjaurpenee-.. Kvery fubpoena, injun^ipn, oc other writ, fivejhill'tngi^ Copies for lervice, each, two/hillings and fix pence. Drawing affidaviv of ^vific .of.fttbp\ pente. Drawing ejnsry notice,- of "a iiy kind, thteefbUlingi 4^f^ur pence... Each copy for fervigc, one fliilling. I")rauglits of intci f«^pries, every ninety wowJs, one Jhilling. • Counfel, for examining andfigiiingrtheXame, one pound three Jjytllingi and fuur pencet. Engroffing Jntewogatories, every jiincty \yox6.s;fix psa^e. Setting down cau'":; for triali three Jh'dlings and four pence. Counfel fee, on trial of a. caufe, tote taxed by the Court, but not to exceed thc.'fum of" five. pounds fixleen fiilJlngs and ei^t pence. Solicitor's fee attending Court each day ca hearingpf caufcLPr motion, and attending fales; or references, x^chfiii.y, fix fjillingt' and eighf'penci; . |y Making up bill of co&s, fix Jhillings and eight, pence. Solicitor 3iitcndii-\gtixa.tior\, fix Jhillings and iight pence* . . For ferving every notice, order, fubpoena^ or other writ, on each ^srfan, five fjillings. Travel, per mile, threepence. Draught of decree, every ninety words, _^.v /.vjft". • Attending Rcgifterto compare decree befoic fign'mg and .{ezWng, fix fiiillings and eight pence. Engroifmg the fanie, every ninety words, y«.v/if«ff. Attending^ one pound tbKSf iStin ^nno quadragefimo- fecundo Geoitcni I li. •«•■; C. V. ■ liA '459 Attondiqg to get deere« ital«d and enrolled, /;v fbillings and tight ptnce. All other writing neceffiiry to be done in the conducing caufe, and allowed by the Court, every ninety word»fJlK fente, MASTER OF THE ROLI^, OR MASTER'S FEES. Each day hearing a caufe, fftttfir/bf//i/r;/ an^ r/g:/(r/;ttr^. Taking examinations of witnelTu, each day, eleven Jhilltngt mdtight pence. Reference for tax!ngcofts,^nd all other references on which fpecial report fiuU be made, ine found three Jhillingt and fiur pence. Poundage on all falesfer receiving and payinglhermoney, iHds than frvc hundred pounds, three per cent, and all Above five1nindn:d|xxinds, two per cent, including Au£tiitants t>f the faid Dillri£ts, for the purpofe of opening and repaii'ing roads of •conuminication from one fettlemeAt t0 -«m@t4ie*r, • WHERF.AS the inhabtlants ^ihe^i/iH£ts ofCtkhe/lcr and Pi^ou, labour Under ' many irram- prc,..r,ble. venienees 'tn-lonjy^ugfife ^f^yedifrennefiedJiittatioH of the different fctttements -xitbin the fame, and the flatutc lal our net 'being fyjfficient to .open and rcl>aip roads of ntmnunkalion : I. Beit eriaih'd, by tht Licutenant-Givenicr, Council ami Jfji.m^ /, Tliat, fuini and npfterahe pub- ., licaticn hereof, where any road or communication is cicimed ncccflary to be -m^de, or any- o,,'/" jii?y t» old road fliall be out of repair, and the ibitute. labour is not fuilkicnt to "(npen'rir repair the 'ftft 'len^iiiii: fame, it (Ivall and may be lawful for the Jutticcs and Grand Jury for tbe diftricls aforciakl, at oj" roac:. their General Scilions, to be holdcn in January cvtry yc;\r, to lillcfe ■tliL: inhabitants of the faid dillricts. 4*^0 PerAtil allowed to-fWork inttcid Jfrpnyiiigtlnfai- uflmcnt. ' All money ;p: be expendeil in the townilxip- where «olie<£ted. Grand' Jui^f to ■pp-'int a Com. millioner or O- \eilxtr. Gorannflu^er or Overiber to .ren- der Ml account of all. monies. G. VI.^ Anno ^uadtngerittidiectindo^G^tfweii lit. tSb* cliilricts, in fudi Anns of inoMy as fhiM bt deemed neceflary to nptn or repair fiicK Nads : which funis cif money (hall be aircflcd, and c^IleAe'J, and kvkd, an 'Odicr cmiiity or dUhriA cbart^es, and the fame ihall be hid nut and expended fbr»the fole purpofeWF opeokig andre' pairing the road fet forth in the pijcfentment, and for na other pvrpofewhatfuever. II. j^nd be it further enttfledy Tliat in cafe any perthh ^uo fliaH be ulftAed in any fum of mo- ney, by virtue of this AA, fhall prefer to work upon the road, for which fudi money (h^U be raifcd,it fliall andmay be lawful fortheCommiffioners or Overfcers ofthefaidroad* toap{>ortion, and fet oflf to (ucli perfon^a part, of ihe fald road^lo be vepaired, by fiich pcrfoa who iball re* quire the fame, which part of the road (hall be repaired and made' accoroing io dire^lions to lie given him by the faid Commiflioner or Overfcer ; ,aDd if MjAperfon, ;lihcr haviqg UQ^"*- takM to make or repair fuck part of thc.iaid road as ihalt'be -fet off to hiia>a9 aforefaid, Ih^l n(^lebey tHiVicb ord«nMbe€Mirreceivefrom anyaifting CominUIiener, as vi .iiwithrei^fttothereinovfl^tothepoor-ihourc 0f any fiah o»alfoto the recei-vit^i iaf c the ('aid jail any perfbn or perfoni m^hoihhll'hafve hMn committed to the poorJioafe ftfttofte&^on a» Aforeiaid. 11. And bt itfurtbtr tnaflidt That it fliall And tnay ht lawM 4ar the s£ktRg Commtflioncr of the puor-hoiifc, and he is hereby required,' on tipplieation^ to vidtial him, her or them, accor* d i ti g t o the tab i c of th e dittt ol tK** paiip/T< ia ■ the ^orrJEiQufe^ - whether £q» &11, middle or bridewell, allowance* for manor woman ; and fuch ading Commidioner fliall furniOi to the keeper of fuch prifoh, proper materials^ Cor. kcq>tng all perfbns, fo committed or removed to his cv'' dy,) to hard labour, regard bdng had to age and fex : and the (aid keeper (hall there- with keep fuch perfon or perfons employed in the manner dire^ed in the fatd Act, and (hall aocninf ta the^liiid Comntflionf r ^T|iiJberSMrt*(;l«s fo eAtmtnn^t«d or removed, fhall receive from eacband every perfon fo commit- ted ortrmtnoQcl, /when: dUfthairged, thcfom of AvetfliUlings, by iway of fe49 : .»nd in cafe fucli pfffoiv'il^U ^ .ypabie.to. pay the fame, the CommiiHon^rs of the Poor fliall p;^y the (amc to. the CJd^ecper, and infert the amount in th^ir accoMnt oiP expences.^ IV. And be it further enafledy TTiat no keeper of any houfe of corredloti, or _' iil,' to which any idle or diforderly perfon or perfons fliall be committed or removed, fliall have power to in^ct.any corporal pun ifliment on fuch perfon or perfons, unlefs the warrant ui^dcr which fuch perfi)n or peHbn&flixll be committed 'fliall cxprefslyfpedfy that corporal puntflitnent fliall be inflicled on fuch offendter. Provided alwaytt That nothing herein contained fliall be conftrped to authcft^ifo the dheriiftp difchargc, by hit own authorit>^ iiny perfon fo committed to the faid jaj3, pr be cortftfued to fcndef the Shcriirof the county of Hali&x liableiu^ the fafe keeping of any pei'fon or , perfons fo committed. - CommifiinihT to MUnd to the nr. tu»lling, and em. ploying, perfonn committed. Keeper of PrifiMi entiurd to five (hillingf fiom 'iich perfon dif. charged. Keeper of Priibn not to ill fli^ cor- poral punithment unlefs by war- rant. CAP. VII. An ACT to enable the Truftees of the Government South Farm, to re-invell in the Crown a part of faid Farm, wanted for MiUtary purppfes. 'HEREiASia certain part of the Land, commnly (ailed,. '**f'»fr41»all UJcnoHiA: ihcr^on. CAR VJJJ. An ACTin^dttiom to«n AQ, m^de/and patTe^ in the Forty«>fitft yearof Hisprrfent Maje(ly*8. reign, -entitled, An A 61, for there- pairing, keeping 4n4-<:;pair, cteaning and paving, the Streets in the Town and PepiixCula of Halifajc, . and for removing, ohftrudions therein ; and a(ia4:o ^^esxA the power andauthority veiled in the Surveyors of Highways, within the Town and Peninfula of Hali- fax, after the fu:£ day of A^guft iiext« during t;he. operation of this Aa. ' WHEREAS it weutj reader the /aid Ad more effedual andhen^ial to the public^ if theftw- ers and authority vejltd in the Comtniffioners w^re extended : Commiflionere I. Be it there/ore enailedy by the Lieutenant Governor ^ Cvufici! andJffembly^ That the powers and rcpafr^She road authority veiled in faid Cotnmiflloners by the above recited A£^, (hall, from and after the ftoniDi^kiioMre publication hereof, be extended to the repairing, and keeping in repair, the roads and bridges Mile Poft. from the bridge on the weft fide of BIock-Houfe Hill, to the Nine Mile Poft, oti the main road to Sackville. frcamble. CAP. IX. Executed. An ACT for applying certain monies, therein mentioned, for the fer- viee of the year onethoufand eight hundred and two; and for ap- propriating fuchpart -of the Supplies, granted in this Seflion of the Gtaeral AfTembly, as ai-e not ^ilready appropriated jjy the Laws or Aft» of the Province, CAP. iJSbft Anno qQftdrageiimorectmdoGffmi&ir It!.' C. X-XIH. 463 CAP. X. /n ACT to continue an A£^, made inr- the Thirty-ffeventlf year of ^^pj^^^ His prcfcnt Maicfty's reign, entitled, an Adlto levivc, and conti- nue, an Ad, paflfcd in the Thirty-third year of Hi» piefcnt Ma- jefty, entitled, an A&. in amendment of». and in^ addition tc, an A&, made in the Thirty-third year of tKereign^ of His htc Ma - jcfty, entitled, an Aft for regulating,: and maintaihiiig;, a Light Houfe on Sambro Ifland, and in addition to, and amendment of,, an A&, made in the Twenty-eighth year of' His prefent Majef^^V reign, entitled, an Aft for regulating, 'and maintaining*, a Light- Houfe at the entrance of Shelburne Harbour. CAP. XU ' An ACT to continue an Afti^.madc and pafFedih the Twenty-ninth Expired. year of His prefent Majefty-sreign^. entitled, An Aft for the better fupportofthe Poor in the refpeftive Counties of this Province,, by laying an Impoft Duty 0n articles, imported into this Province from the United States of. America^ GAP. XI . • An ACT to contlrtue thfe feveral Revenue Laws for the fupprrt of jjc.xrci His Majefty*& Government in this Province. . CAR xiii: AfW' ACT to alter j andamcnd,. anAft, palfed in this Th'irty-nintlv year of HispreCcnt Majefty*s reign,: entitled, An Aft for repairing,, or rebuilding, the Market-Houfe,, erefting a Country Market* I^oufe, and regulating tKe feveral Markets in the Town of Halifax; and, alfo, to revive, ahcr and amend,, and* liring into one Aft, the Aft for preventing Frauds by Butchers and FHhmongcrs, and the Aft, made in the Thirty-fourth year of His late Majefty's reign, for regulating andvcfiabliihing a Public Market in. the Town of Halifax. WHEREAS it "jtwdd greatly contribute folhe ccoitnmoJaiion cftheTownoflJiiliftix, ai'Vfdt as „ ^x-> . the Country, if the 7 own Butchers "were permitted to vfe part of the new. Country Market for ihefrefint, until another fituatitn for them /haUleprcvlJtd : h. Jk.it therefore tna^cd, by the Lieutenant Governor, Council and /ft.mbty. That, from and after 464 C. XIV. An ho ^uadragefimo iceundo Oteiidn UK iflbi Fullf r>f thf Ciiunliv Market tu lie let tu I'ub- lic Auction, (urti. <-icnih>riheiown batcheri. ThrM ftitlli to Town biiti'iicrt to ti« fubjcit to t!ie rul«t and ie> gulituoni, provi- ded by the Ait. I'ur'hcr cuntinu- eJ by tublcqutot the publication hereof, it (hall and may be lawM for the lUd Comniiifionen, to advcrtife, and let at public au^ion, from time to time, to the highcft bidden, fo many of the ftalb in (aid Country Market aft(haU befufficicnt to accom/nodatk fuohof tb« tows b^toheik iaipay be iiidiiicd tu bid f>>r the fame, taking care nor to let to. one butcher, or oompany of Wi^rs, more than one ftall, and reierving, at the &mc time, the three (laUs at the north door, whicli will be fitted and kept for the ufc of the countrymen, who may have oecafion, from^fme to time, to ufe the (kme. II. ^»d N it furtktrtnaeiedt Tba< after fatdOalbflull ha,v6l)ee!nfp adyfErtifiM^iDd I^t,.a8 a. foreiaid, the fame (hall, for the preient, be fi^bjccV to all the tuks and re^^iiladoos^, provided in and by fald Aft for the regulation of the Town Market, the fame M if Cuch fown Market had aifhialty been repaik-ed and bulk, as is proyidv'd it! aitd by ikid t^ttttfd AA, In^d the jaiUfti in their. Scin<>n^s to, and with, all and every the regulations and proviflans contained in the (aid recited A61. And thefaid CommiiTioners (ball, appoint a keeper for that part of the faid mar- ket allotted for the ufc of the tov/n butchers, and likewifc for that part of faid i^urket which Hall be left for the ulb of the country ; and the keepers, when fo appointed, ihall have all the power and authority veiled in the keepers of the markets, in and by the CM recited KGt. Provided ahoaysy that this A^fliall continue in force until the thirty-firft day of July, which will be in the y^ar of our Lord one thoufond eigtit hundred and thi%e, and no longer. Vrfinijle. jd. Iifeafter to bv.' paid on each g,illon ot' winr, imported from tht Azorrs or W.ftan Jlla.ids. id. dediidion in cale one thii>l p.irt a\ I'li'.l wi.v.' be pu. cliaud \v ih lhepr^:;lur^ CAP. XlVi An ACT in alteration, and amendment, of an A<3, made in the Thirty third year of the reign of His prefcnt Majcfty, entitled, An Ad for providing tor the fupport of His Majefty's Government, by laying an additional duty on Wine, Rum, and other articles therein mentioned, and for encouraging the agriculture, iifheries and com- merce, of this Province. WHEREAS the duties at prefent payable by Law upon low priced Wines^ are found too bi^h, and in numy cafes amount to a prohibition ; znd \\'hzre^% a beneficial trade might be carritd on between the inbahitaitts of this Province and the Azores ijandr, provided thefaid duiies were redwed : I. Be it therefore enaderf, by the Lieutenant Coventor, Council and Affimbly, That, frotn and after the thirty fiiQ day of July next, there (hall be raifed, levied, coUc^ed, and paid to His Majefly, Hi.s heirs, and fucccffors, for the fupport of the Government of this Province, upon all wine, thtf pro^Juce of any of the iflands called the Azores, or Wcftern Iflands, which (hall thereafter be imported into this Province, the rate and duty of tbreepehce, and no more, upon each and c\ cry gallon of wine, fo imported and brought, which three pence (lull be in (lead and in lieu I if all duties inipufedby the herein recited Ad, or any other Aci : any thing in the faid Acls tothc contrary notwithftanding. II. And be it further enadcd. That in cafe one third part of the faid wine, fo to be import- ed from the f.iid Azores, or Weftern Iflands, (hall have been purchafed and paid for with the produce of iliij Province, the perfon or perfons fo importing the fame, (liall be entitled to a dcdnciion of one penny on each and every gallon lb imported, upon their making the, affida- vit, i8oa Anno qua4ragefimo fecundo Georoh HI. C. XV-XVII. 465 vit, and ''omplying with thedircAiont of the herein before rccifed AA '.vhh refpcd to rum, fugar, molaflband aifiee, purchafed with the produce of the Province. III. 4iul h« ilfurtbtr tnaOed^ That in ca(b any of the wines, the produc: nf fa>d iflands, (hall i" ^»^« or ex. bertafter be exported from the Province, a drawback of the duties paid nr fecured thereon, ^m ' **•" draw. fliaU be granted and allowed, agreeab)/ to the rulea and regulation! mcntti>iiod and uxprelLd ''''''' """wed. in the before recited Aft. \Vt Andbt Uptrthtr enafftd. That this Aft, and every matter, claufe and thing therein, ^^'2''" ""«'""- fliall be and continue in force, to the thirty-firft day of July» which will be in the year of our \q^ " *'*"'" Lord 6iicthouGuid eight hundred and three. •ent CAP. XV. An ACT to continue an A^, made and pafled in the Thirty-ninth Expired. year of His prefent Majelky*s reign, entitled, An Ad for raifing a devenue to repair the Roads throughout the Province, by laying a D.uty on Perfoiis, hereafter to be Licenfed to keep Public Houfes .^r Shops for the retail of Spirituous Liquors, and for regulating fjiich Public Houfes and 3hops ; alfo the Ad, pafled ip the Fortieth yoar of His Majeily's, reign, in amendment of the ^bove recited Ad ; ands alfQ, an Ad, pafled in the Fprty-firft year of His Ma- jefty-s.tcigD, entitled, An Ad in adxiition to, and amendqicnt of, .the faid above recited Ad. CAP. XVI. An ACT to continue in force the fevcral Ads therein mentioned. Expirej. CAP. xvri. .An ACT to alter, and amend, an Ad, pafled in the Thirty-third year of His prefcnt Majefty*s reign, entitled, An -\&. for pro- viding for the fiipport of His Majefty*s Govermnent, in this Province, by laying an additional duty on Wine, Rum, and other articles herein mentioned, and ftn- encouraging the. agriculture, fllheries and comiucrcc, of this Province. WHF.RF.AS// has km Jlitnd inronvenient a)/l ^i^t(t) in r!(j/iiii{:dwt/.>er //>ii ituxis ,'ij!.i:rs,.»i!Q/i>^aybrqu)n/!'^-ir, a 'id cujj'.e, import- ed or brought inle tlr I'pcvuut, t>^'.j,i 'ihn not rr/iJi/i: ibiiiin : I. Be it thcrc/uc c::ac'!id, by tin Lir'rnaiitCofjerv'.r.C'juridl and /ffcn'Nv^ 'Hut it fljill rot be lawful for the Con:n/!lT:orers of tlie Re. -nue, lo aliww irt any j crfc-n v-r |Krfor.i«, r.it rclidcrt inhabitants as afv-rcfaid, a ('rawhack of Ua inpcd ilutyon run, rr (iliCf i'piiituc-hs liciucrs, wine, nsolaffcs, brown fugar, or cotTcc, inii-oicddud fccurcd by law, a'.t!i.» i^jh ilic jjiouuce of tliis Pifamale. Coinmlffiofifrf noltoalliiwdtaw. Uc!..') to r\<.''.-Te. liJi;r.tinli,tt)>i r of impdl' 'i v orri;m, alii '::v'.'i ■.cfin^s h: r.. uie 466 C. XVIII-XX. Annt . :dragefimo fecundo Georgii III. 1802 tills Province fhould afierw^^rds be exported jwithin fix months in the fame bottom, in which the importation was made f^ wjjr law, ufage or cuftora, to the contrary notwithftanding. lowe.rdnwbsck ^'"°^''^^'i always. That in cafe fuciv per Ion, ^ . perfons, fnall^ export, the articles on which fuch •iiexportatlcn., additional duties (hall be.iBipofed and*'• to the pcr.alty of twenty pounds, to be recovered by the ways and means, and applied to tlic purpofcs, direfted in and by the Ciid Aft, any thing therein contained to llie contrary not- A'ithflanding;. W. And belt furthtr enabled, Tlwt it {lull and may l)e Luvful fur the ShcnfF of the county, fivi!", Confli- or his deputy, or for any conilLiblcof the town or place, where anyperli.n who' may be rcafon- {•!j\t>'i.miehcnd ably fufpcftcd to be a deferter (hall he found, or for any ofllccr or Ibldler in Hi* MajcRy's fcr- a perion fulpeii- vice, to apprehend, or caufe fnch fufpected perfon to be apprehended, and to biing, or caufe ^tuI and* to liim to be brought, btfnre any Jufticeof the Peace, living in or near fuch tow i- or place, who v.. rviiiu) before hath hereby power to cxan^iDc fr.ch fu!;:;-,Jlcd piri'.tn.; ar/tl if, by hisxonfcilion, or the telUnio- pjj'jVj'^ ny of one or more witnci's or wiMielles, upon oath, or by the knowledge of fucli Juftlcc of the Peace, it (hall appc^ar, or be found, th;>t ftitli fiirpei*\cd porlnn is a liilcl foldicr, and ought to he with the troop rr company towlfuh !;c Ivjl.injvs, fuc!\ jaulce of the Peace ^i.xVi torthwitli caufe him to he ciMivcycd to llicjail (jfthc coai:ty, or the houfeof cone'iion, in fuch town lit'crtsr, ik jui: or place, where i'uch dclcrttr iiiail be appreher.i.lcd, and fliall tranfc.it an acc.iur.l thcre(";f to tlse \.^^^ .j jli'i"li>i Governor, \\;\on te'''m TT 468 C. II. Anno qoadragerimo tertio Ceg^gii IIT. t%o^ ftnrinotirt there- it to tli« Cover- Bur. Th« kteptr of the Jail to re- ceive the lull lubfiftence of faid deferter, but neither fee on e- Mi^rd. Governor, or LrelitenaTit-Govei>nOry of the ftdvincc> Gr to tKc cofirfmaiviKjIg olieer of the diftrici, to thfe end that fuch pCiTon rttay be removed, and proceeded againft according to law : acd ilie Sheriff of the CHUrtty, the keeper of tvefy jail, Jifltife'of C6f fcAlon, or plpffon, in -which ftich defertcr fcail at any time be cih'fincd, ftiaS i«cceive the full fiibfirtertcc of fuch deferter, during the tJme he fhall contirue in his cuftody,' for the tiiaintcn-ance of fuch deferter, but fliall «ot be entitled to any fee or rewa'rU, Oh account of th"c iiUprifoftsftfiiit of fuch deferter ; and the keeper of every j^il, hottfe of corre<3ion, or otlver prifon, fliall, and he is hereby re- quired to,receive and confine fnck deferter while on the road from the place where he was apprehended, to the place to which he is t!o be conveyed, eithei? by wMrant of thefeidjuftice, or by order of the G<5vern'0r, Lieuteremt-OovernOr, or commanding officer of the diftrift j and {hall not be entitled to any fee or reward, on account of the imprifonment of the faid de- ferter J any law, or uClgc, to the contrary not\tithftari(Hrig. Preamble. Grard Jury , aii- thorifed to make prefentment of fuch fum of mo- ney ns inay be neceflkry for building or re- pairing a Court Houfe. To be levied un- der the A& of the jth Geo. 3d. Money to be ap- plied to 11) at purpofe only. Court of SeflioM for ilie County of Annapolii, to be held at Dig- bv on the ftfcond Tuefiiayofjun-, acDually. CAP. II. An ACT in addition to, and amendment of, an \6i, paffed in the Fortieth year of His Majefty*8 reign, entitled. An r\d for the bet- ter regulating the Inferior Court of Common Pleas, and General Seffions of the Peace, for the County of Annapolis. ., WHEREAS iris expedient ihat' a Court vrSeJfton Hdu/eJhoaU be tneitediH the wejiirn cUf- tri^ of the county of Annapolis, in whicJi to hold Hje Courts of our Lord the Kii^, appointed to be held in that part of the county of Annapolis : 1. Beit ihereforeenailedfbythe Lieutenant-Governor, Council and ApnMy, That it fhall be lawful for the Grand Jury, for the county .of Annapolis, at the Court of Affize held for the faid county, to make prefentment of fueh fum or fums of money as may be expedient to be raifed for the building or repairing a Court or Seflions Houfe, in fueh part of faid diftrift as the Grand Ju- ry for the faid county fliall appoint ; which fum or fums of money fo prcfented, fliall be af- feffcd, raifed, levied, proportioned and paid, in manner as is prefcribcd by an Aft, paffed in the fifth year of His prefent Majeft:y's reign, entitled, " An Act for raifmg money by prefent- ment, on the feveral counties of this Province, for the defraying certain county cliargcs there- in mentioned." • II. And be it further enaOed, That fuch money fliall be applied for and towards the pur- pofe for which the fame is prefented, in fuch manner, by fuch pcrfon or perfona, and under fuch regulations, as the faid Court fliall order in that behalf. III. And Vi'liereiS, it is found inconvenient to hold the Summer Sejftons.vf the Inferior Court of Common Pleas and General Sejpons of the Peace, of the County of Annapolis, at Digby, on the third Tuefday of June : £f it ena^ed by tte authority afarefaid. That, from and after the paffmg of this Aft, the iliid Court and General Seffions fliall be held, annually, on the fecond Tuefiiay of June, and not on the tliird Tuefday of June, as heretofore accuftomed, CAP t-9^Q$ IS, and under Anno quatlrageliino tertio G eor o i f II L GAP. III. C. IP. 409 An ACT in aniendment of an Act, made and pafTed in the Tenth year of His Majeft/B reign, entitled, An Aft for the fettlement of the Poor in the feveral Townlhips in this Province ; and, alfo, in amendment of an Aft, made in the Forty-firft year ofHis faid Majefty's leign, entitled, An Aft for the better management and relief of the Poor at lialifax. BE // entitled, by the l.\eHtenMit-G(^nior, Council nnd Affmblyy That whenever any poor pcrfon fliall apply for relief to any Overfeer* or Commiffioncrs of the Poor, and it fliall appear, by the declaration on oath rna^e by fuch poor perfon, or other fatbfaAory proof in manner prefcribed by the faid firft-mentioned Aft, that he or (he has gained a lawful fettle- ment in fomc townfliip or place in this Province, other than where application is made for relief, it (hall and may be lawful for fuch Commiflioners or Ov^rfeers to grant the ryccffiiry relief to fuch poor perfon, of which they flwU fend notice in a reafonablc time to the Ovcr- fecrs or Commiffioners of the Poor, for the town or place of his or her fettlement, that they may remove fuch poor perfon thither, if they (cc fit ; and all reafor.able expences which maybe incurred for his or her relief, or for the burial of fuch poor pcrfon, fliall be charged to the Overfeersor Commiflioners of the Poor for the town or place of fettlement of fuch poor perfon, and they fliall accordingly ftand charged with, and pay, all fuch expeoces in manner dircfted by the faid Crft -mentioned Aft. II. And be it further enadedy That when any perfon (hall apply for, and obtain, relief from the Ovcrfecrs or Commiflioners of the Poor of any town pr place, and it fliall happen that fuch perfon, at the time of his or her application, or relief, is poflefled of, or entitled to, any pro- perty, real or pcrfonal, out of which the expences incurred for his or her relief may be repaid ; it fliall and m-v be lawful for fuch Overfeers or Commiflioners of the Poor, as creditors in behalf of the public to fuch perfon, to demand and receive, from him, or her, a re payment of afl or any part of the expences fo incurred for the relief of fuch perfon, and, if need be, to enforce the payment thereof, by the ufual remedies of attachment, arreft, or other legal pro- cefs \ and all monies fo to be received or recovered, fliall be recounted for by fucli Overfeers or Commiflioners, as other monies received for the poor. III. And be it further enabled ^ That the Commiflioners of the Poor for the townand penin- fula of Hajjfax, fliall be, and they are hereby, empowered, out of fuch monies as fliall or may come into their hands, morethan fuflicient for the ufe of the poor of faid town and peninlula, to purchafe the piece of land adjoining the Poor-Houfe, on the weftern fide ; and alfo any fur- ther quantity of land, not exceeding ten acres, within the faid peninfula, for the ufe of the poor of faid town and peninfula. IV. And be it further ena(!1ed, Th^t the faid Commiflioners of the Poor for the faid town and peninfula, or the major part of them, for the time being, fliaU be, and they are hereby, authorifed to bind out any poor children under their charge, apprentices, without applying to two Magiflrates for their confent, (as heretofore direfted and praftifed) fubjcft, however, to all other rcftriclions and limitations prcfcribed by law. And whenever the confent of the whole of faid Commiflioners, or the major part of them, fliall have been obtained for fuch Aft of binding any poor child or children apprentice, or other minifterial aft, and fuch confent fliall have been entered in the minute-book of futh CommilTioncrs, then, and in fuch cafes, the feal and fignature of the Chairman of the Board, fet to the indenture of fuch apprcntice- flup, or otlicr legal inflrument, fliall be at valid and efleftual in the Law, as if the wliolc. Application for iclijf to bem-.'fle on rath refpeft- ing retidencc. Ovcrf??rs and Con-niinioners empowcied to nmove peri'uns totheir own town or place of ftttlc- ment, and to charge the «x- PLI.CC. The propertv cf lierfons applvinij for relief, to be iccured, and ap- plied f.; the pay- nientofcxpcnct* incurred. CommifKoncrs empowered t» purih;;fel.iT!d ad- joinintT iIk- Poor Uuufe. CommiiHtners enipowcrtd t« bii'.d cut poor children without confj-nt (»t las ai^ipRTzfes. Hi Si 470 CIV. Anno quadragefitno tertio Geoagii III. 1803 whole, or the K^pr part, of fuch CommiOioners bad (everally figned and fealed die flitne. Preamble. Annapolis T/ight Uwufe duties. Slielhiirne Light Daule iluiits. Co!'ei?lion and ajpiicition of faid duties. Aaaad.Geo.ad. /a :8t!). Geo. jd. A a .45th. Ceo. Gco. Aft 3;t!i. Ceo. 3d. Tlie above AfVs made piipetiial, and extended to tl;c Lii;ht-Houfe at Annapolis. CAP. IV. An ACT to provide for the fupport of a Light-Houfe at the entrance of Annapolis Bafon, and for amending an A£t, pafTed in the Twenty- eighth year of His Majcfty*s reign, entitled, an Aft for regulating, and maintaining, a Light-Houfe at the entrance of the Harbour of Shelburne, and for making perpetual the feveral La^ys herein mentioned. WHEREAS a Light-'Houfe is now ereiled at the entrance rf the Gut of Annapolis ^ which will be highly benefcicl to all veffils going into thatpajfage^ w any part t,f Annapolis Bafon : for the maintenance and regulation of fuch Light-Houfe : 1. B^ itenafledt SytheLieutenantGovernor, Council and A femblytThztisCooms the hid Light Houfe {ball be completed, and a light regularly kept therein, alllbips or veflels entering the Gut of Annapolis Bafon, fliali pay the fame tonnage duties that ^re now received from, and made payable by, all veOels which enter the harbour of Halifax. IL And be it further ena^cdy That, from and after the publication of this Ad, the iiune light duties (hall be paid by all fltips and veflels entering the port of Sheiburne, as are paid by vef- fcls entering the port of Halifax ; any thing in the AA, to which this is an amendment, to the contrary no >vithftanding. • ' III. And be it further enabled. That itfliall and may be lawful to colleft, receive and apply, the fitid tonnage duties, in the fame manner, and under the fame regulations, that the faid tonnage duties are now colIeAcd, received and applied, in the faid harbor of Hali&x. IV. And belt further ena^ed. That the AA, pafled in the thirty-third year of His late Majef- ty's reign, entitled. An Acl for regulating and maintaining a Light-Houfe on Sambro-Ifland ; alfo, an Ad, pafled in the twenty-eighth year of His prefent Majefty's reign, entitled. An Aft for regulating and maintaining a Light-Houfe at the entrance of the harbour of Sheiburne } alfi), an Aft pafled in the thirty-fifth year of His prefent Majefty's reign, entitled, An Aft in addition to, and in amendment of, an Aft, pafled in the thirty-third year of the reign of His late Majcfty, entitled. An Aft for regulating and maintaining a Light-Houfe on San^ro Ifland, and in addition to, and amendment of, an Aft, pafled in the twenty-eighth year of His prefent Majefty's reign, entitled. An Aft for regulating and maintaining a Light-Honfe at the entrance of tiie harbor of S'iclburnc ; alfo, the Aft, pafTed in the thirty-third year of llis prefent Ma- jefly's reign, in amendment of, and in addition to, the feveral Afts before mentioned ; and alfo, tl'.c Aft pafTcd in the thirty-feventh year of His prefent Majefty's reign, to revive and tontiime the Aft pafTcd in the thirty-third year of His prefent Majefty's reign, as 'jcfbrc reci- ted, and every matter, claufe and thing, therein contained, are hereby continued in force, made porpctu'^l, and extended to the faid Light-Houfeat the entrance of the Gut of Annapo- lis, and alfo made applicable to enforce the payment of the faid tonnage duties, on all veflels which enter the faid Gut of Annapolis, CAP r8o3 Aimo quadragefimo tertio GEOROir III. CAP. V. C. V-iX. 47 » Aft ACT for applyitig certain monies, therein mentioned, for the far- ,,.,,,, aa^cch. vice of the year ■' one thoufand eight hundred and three ; apd for '" '• appropriating fiFcbpart of the Supplies, granted in this SefTionof General ' AiTembly,- as are not ahready appropriated by the Laws or A^ls of the Province. CAP. VI. An ACT to continue in force the fevcral Ads therein mentioned. Esp;«d. CAP. VII. An ACT to continue an A&., made and palTed in the Twenty-ninth ^xpiredr year of His prefent Majefty's reign, entitled, an Ad for the better fupportofthe Poor in the refpedive Counties of this Province, by laying an Impoft Duty on articles imported into this Province from the United States of America. •* CAP. VIIL An ACT to continue an Ad, made and pafled in the Thirty-fourth ^^ .^ year of His prefent Majefty's reign, entitled, an Ad to provide forthefupport of the Grammar School in Halifax, and for other public purpofes therein contained. CAP. IX. An ACT to continue an Ad, made and paiTedin the Thirty -ninth year of His prefent Majefty*s reign, entitled, an Ad for raifmg a Revenue to repair the Roads throughout the Province, by laying a Duty on Perfons hereafter to be Licenfed to keep Public Houfes, or Shops, for the retail of Spirituous Liquors, and for regulating fuch Public Houfes and Shops ; alfo,the Ad,.paffed in the Fortieth year of His Majefty's reign, in amendment of the ».bove recited Ad ; and, alfo, an Ad, pafled in the Forty -firft year of His Majef- ty's reign, entitled, an Ad in addition to, and amendment of, the faid above recited Ad. Expired. CAP. 472 C. XI-XI, CAP.X. *^*^fl^^jj PiMmhIf . Juftlcrs of the county of Anna- pulis to make rule*, Sec. fur fencing the Com- mon. Part of Cammoii tu be leafed. I.eafe not to ex- ceed ihi'CG years. Allowance to a llcidintai),Scc. Fine for perfons tmnrgreding, not to exceed 4US. Supervllbts. Supervifois rcfu. fing to icive for- feit AGS. Appropriation of fines. Profeculionwitli- in thirty days. Aft to continue fui five years. Expiitd. An J%CT to endUe the inbabitanta of Digby ta in)jprov£ the Cjqm- . mon belongu^ to the iiud /toWQ. WHERE AS r/k Catmen jraiited fiMhi ufe ^tbSTew^ ^ -tk^by4t injund by> tbe^gmoih ofhrvjh tvM'd' ; ttki^ fir itutrtt tf/ciuet tofuch Commm^ tk^pttjvu. -gaining rigktpfCvimon thni/t, are deprived of the benefit offucb right ^ by the taUU ^.ftrangfort ;, antl thaly Jfy cwtmmng lo.ng tvtthoui tillage^ fiich Common is overgrown with mofi^aadq lil'tk benefit for fajlwrage^ arid ibcd^by the law now in force, the fufHees are ■ not autborijed to provide a remedy for thofe evils : 7 - I. Be it enaffed, by tbe Lieutenant-Governor r Council and Affembly^ That, from and after the publication of this Ad, it (hall and may be lawfiil for the Jufticcs of the County of Annapo- lis, on the appUcatirm in writing frpn the majority of the inhabitants of the iaid town, being intereilcd in the faid Common^ to make rules and regulations for the fencing of fuch Com* mun, and clearing of fuch bruih wood, thiftle, and other incumbrances ; for regulating the number of cattle tu be dcpafturedin fuch Coinmon, and the rates to be paid by the ow- ners thereof for defraying the neceflary expences, of bmlding and repairing fences, clearing bruiht a1id leafing fuch Common, not exceeding bnc third part 6f theiWldc, txi improvhng leafes, to perfoins Who Whi break up and till the fame ; <\tth ka(b»tkttt to excoed Xh^. term of threeyears; and'for eflablilhlng an aI!i}ttiinceto aherdfman, and Other changes neceflafy for the {bearing fall: benefit of (aid Coinmen to «he perfons -hsring r^ht< therein ; and f^c^ Juf- ticcs (hall have authority to eflabliih fines not exceetJiQg forty ihiilings for any perfons tranf* greiTmg fuch rules and regulations, to be recovered before atiy one JiriifUce of the Peace, and levied by warrant of diftrefs and lale of the oScfrider's goodi ami chattels, in lUccfiiaiMMr -as other dirtraints. t , II. And be it further enacted^ Thatit (hall and may be lawful for the Grand Jury of the wef- tern diUrict of the county of Annapolis, at the ufttal ttrms of appointing TownOiEcers, to nominate four fit perfons, of i^hcm the Jbftices may -appoint two to be Svpervifors of the Common of Uigby, who (hall be fworn to the faithful dUcharge of the duties of their office, and whofe duty it (hall be to take charge of l.h^ Common' of that town, and enforce the rules which may be made by the Jufticesaforefbid'for thevegutationthereof } and alfo to pro- fecute all offenders againft fuch fulefr,-and any fu«h -SuperviCors refofing to accept fuch of- fice, or negle^ing the duties thereof, fliall be liable tu a fine of forty ihiilings, to be recover- ed as aforcfaid. III. And be it firiher dialed. That all fines and forfeitures incurred under this Aft, fliall be ap^iUed by the Supervifors to the general benefit of th.e Common of the (aid town. Provided /ihv(7ys,'rha.t no peffon (hall be convitfled forany ojffence, under 'this Aft, 'unltffi prcifecnted for the fains M»iltdn thirty ^ys after the 'offence is convJaitted. IV. And be it further cniifled. That this Aft, and every daufe andthing therein contained, (hall continue and' be in force (or five years, from the publication hereof, and xintil the end of the next Sejfion of -Gcnerat AfTembly, and no longer. >■■' ' . r . . , I ■ -I .1 . M I ■ . . ...1. I I, u ■ CAP. XL An ACT to cont'nue in force the fcveiil Rdrenue La-wa f^r the fiipport of Hi&Majefty's Government in tliis Province. idol An CAP. 1 805 Anno quadragefimo tertio GtoRctx ! If. CAP. XII. axjiotrti. An ACT to continue an Ad, paffed in the Thirty-fecond year of His prcfent Majefty's reign, entitled, An Aft for the further increafe of the Revenue, by raifing a Duty of Excife on all Goods, Wards and Merchandife, imported into this Province ; and, alfo, the Aft in amendment thereof, paiTed in the forty-firft year of His prefent Majefty's reign, entitled, An Aft to alter, amend and continue,'Bn Aft, made and pafledin the Thirty-fecond yearofHis prefentMajef- ty*8 reign, entitled, An Aft for thefurther increafeof the Revenue, l^y raifing a Duty of Excife on all Goods, Wares and Merchandife, imported into this Province. Cxpiredi cAP.xin. An ACT to continue and amend an Aft, entitled, An Aft to re- vive, continue and amend, an Aft, paffecl in the Thirty-fecond year of His prcfent Majefty's reign, entitled, An Aft to regulate the Summary Trial of Aftions, before His Majefty's Jufticcs of the Peace, in the Town and Pcninfula of Halifax. BE it enadcd, by the LieuUnant-Govcrncr, Council and A (^mblyy That the faid Act, and every nutter, claufe and tfcing, therein centaineu, fhail be continued in force untit the lallday of July, which will be in the year of our Lord one thoufand eight hundred and four, and from thence until the end of the next Sedion of t!ie General Aflembly, and no longer. \\. And be it further enj^tedf by the authority tifor,:fuid. That the Jufticc or .Juftices before whom the exaniinatibnof any criminal oifendcr (hall be niade, and who (hall be committed to jail, or to the houfe* of corrcftion, for further examination, fhall alfo immediately give notice to the Clerk of the Rotation Court, of fuch examination and commitment, to the cr.d tlat he may, without delay, notify the fame to the Juftices of fuch Court,-?.* in cafe of notice thereof received from the Slicriff, Jailor, or kcppcr of the l.oufc of correclion, any thing in the faid Aftk" therein contained, to the contrary notwithftanding. ni. And be it further cna^ed^ That, from arid after the thirty.firft day of this prefcrt month rf July, the Clerk of faid Court fhdl have and receive for hisfervices, a certain and fixed fa- lapy, to be paid him yearly by tlie faid Juftices, in lieu and ftcad of all fees, which f^bry fhatl ' be afcertained and fctthd by tlic fird Juftices, and Ihall be written down in the book, direct- ed to be kept by the faid Clerk, and ligncd by them, or fucli of them as Hull be prefent at the time of afcertainir.g'tbc fame. IV. And Ik it further enaikd, T-hat the following fees. Ihall be taken in*the faid ' Ccart, anH rno other, that is to fliy : For every 4varrant, or fuimnons, twwftiilUngs, For every trial, one fliiiliiig, Ft)r every exccutioti, one fiiiliiiig, For ferviiig every w rit, one Uutlinn:, ,And Lhatif any.Jufiicc or dak bf thefaid cfnut, ;;l;t, demand, or receive, any other or h b ,vfire:it« Act 10 to thi- fCJittiRue \ lit (fay of July, itoi Juftices commit, tin;; ollcr.der.Tp Kiveiioiicototii'e Clrrk of the Rq. Uiii^n Court, Sihry tf the Cl.-rkofually landed, and regularly weighed and guaged, and bonds fhall bb taken, with fufficient fureties, in the ufualform, for the payment of fuch duties, at the ufual times and periods ; and the officers of Impoft and Excife (hall, on fuch duties being bonded and fecured as aforefaid, grant a pcrmit,for the txportation of the goods on wlilch the duties have been fo fcrured, in tlie ufual and cuftomary form ; and the exporter of fuch dutiable articles, (hall be entitled to have, and be allowed, a drawback, without any deduction whatfo- evcr, of the duties fo fecured, in the (iinie manner and form, and upon tlie fame certificates-of landing, and under the fame rule« and regulations, that perfons obtain drawbacks who ex- port dutiable articles, after having huidcd the f;uue in the Province. II. And be it furibtr (nailed. That if, on examinuion, it (hall be difcovered, that the report andcntry made of dutiable goods, part for consumption, and part for exportation, (hall be falfe, and that there were a greater quantity of dutiable goods laden on board the (hip or vef- fcl, than ^verercportel[ and entered with the Impoft and Excife officers, all the furplus goods, together wiih the (liip or veffel, fiiall and may be feized by the proper ofllcer or olUceis, and the party making Aidi falfe entry, fliull bc-fu-bjccl to all the fame penalties and forfeitures im- pofed (in and by the Acl of wivich this is an amendment) on pct;fons. n^aking a falfe report or entry ; and if any psfrt of tlie goods fo permUted to bt exported as aforefaid, (hall be dif- chargcd, or unladen, m ithin the Province of Nova-Scotia, from on board the veflel in which the fame were imported, or fli.ill, hy any manner of ways and means, le clandeftinely landed, the veflel, together with the gncds fo difcharged or landed, ihull be (clzcd, and all parties concerned therein, together wilh the vcli'cls, boats, carts, I'.orfes^nd carriages, employed a- bout the fame, fhall be fubjcct to the fame penalties ar.d forfeitures that tii c provided in, and by that part of, the faid rciitcd Ad, whit4i was made to prevent the chndcdine l.niding of gcocis, fubjcd to ('uty, wiihin the Province, and all fuch pciiaMcs, forfeitures and fcizurcs, (hall be made, reccwcrcJ, pr.id, applied and diftributcd, according to the rules ar.d regulations of faid Aft. III. Andl^eh fiirlhcr cncflcd. That in cp.fe the party mp.kin^^ fuch report and c ntry for ex- portation, fisjllneglccl or refute to produce fuch original invoice, and to verify t'le fame as ^forclixid, (^r (hall r.cD;loct, or rcfufc, to'fjcurethr du:ics, then, and in fuch cali-, the goods I'o entered for exportation, [hall be landed, and the dyilcs afcertained and fecured, in the man- ner hcictofv>ri:pra«5lifed and eflablilljed. IV. Of falfe entry. Of clardefiine?y landing articles after 'icrinit l»jr cxjiorMiioa. <)rpsrfors n»p;. li:ii{ Ut p'O'lnc* inv 'ic; or ft«.uft duti.i. 47 C err. Anno quadjrngcfimo quatto Geohgii ITl, 1864 Mnile of r"** C'.'rfiip on fiiU picioauf iheca* Cf untiraCiify 4el*Tofthe mstu trr, ike in unla- ding, gr export- *tft D«RI ■ vT imber. IV. Am/li U/urt/xr enaflcd. That in cafe iheColleAor or CcilIcclor«, or Ifif|wclor of Im- pod and Escife, (lull have any juft caufc to doubt the truth or authenticitj of sny report of entry, or of the invoice pnuluccii, he (hal). and may fcarch and examine into the rontentK of the carrro fo reported and entend, and may remove, orcauicto be removed, the packa- ges from one part of the vcflcl to the other, fo as to a&crtain, as far a» pofllble, the true con^ tents of each packap^e ; and the mafier, nflicers andcrew, of fuch vefiel, {ball aid and affift thr officer, or ofEcers, in maWinp; fuch fearclt and examination ; - and in cafe he or they refule^uck stiTiilance, then, ^nd in fuch cafe, the goods ihall be landed, and thetruth of fuch report and invoice afcertaincd ; and it {hall and may be bwful for the oiHcar, nuking fuch fcarch, to call to hisjiii'' three rcfpeAablc mciwhnnts to afllfl: therein ; and if, in the opinhin of fuch mer* chants, thfTc dull be any reafonablt cuife for further fufpicion, jthcy flull certify the fame, which certificate (halt^ be fudicicnt to authorife tiK proper olTIccr to order the cargo to be dif- chargcd, and the truth or falfity of the report and invoice aflually .afcertaincd by weighing and guaging the fame. Provided alway,^ That if thd dilFercnce between the invoice, and re> tvrn of the Gujgcr arid Wciglier (hall, in fhe opinion of three merchants, not exceed the difference which frequently occurs, between the.guage and-weiglit of two diiTcrcnt ports or places, in iiich cafe, jro peoaUyjor forfeiture IhiU attach to the perfon nia&ing fuch report and entry. V. Jndfy it further encMed^ That if.*he maflar, owner, or others conserrcd in the fljip or veCelMin which goods ^re entered ..for exportation as aforc£iid, fliall unnecciTarily delay unfa- ding the prtprpacfs of b«r cargo entered to be landed, or fliall, after the unlading thereof, delay for a fpace longer than ten days proceeding on iter voy^c, and departing from the Province with the goods fo exported, the faid mailer, ownoCj or others concerned, ihalt pay each and every day to thc.tide waltcx employed to Ktend fuch vcifel, duriog fuch delay, the daily pay eflaMifhed for a tide waiter to receive from the Province, when on duty ', and, on refulal^ it fliall be lawful for fuch tide waiter to recover tlio f.ime in a fummary way, before Qn^.of His Maj^fty's Ji)i]tices of tlic Peace^^ or in the Rotation Court at Halifax, as occafion may require. VI. Andke it further enafted. That this A£l^and tlw fcveral matters and thing$ therein con- tained, fhallbe and continue in force until'the thirty>firft day-of Deccmberyin the year of our Lord one thoufand eight hundred and five. anrteri fofg liquo 6fth( an A tVmg 1 duty ture. Mis p fourt Aft, I His TrcsmUe. A A 33d Oeo. jJ. for granting ct-'t- tiin duties on V'inr,' rum, &c. for p^yinj; the iiitereltanii reJii- cinathiprincipal ofihcpiiWicdtbt. iji- Uvin^ M ad- ditional d»ty oa vine, Sfc. A1 ^^1h. C<9, CAP. \\k. Aii.,^ACT to continue ill force the fcveral: Revenue Laws fot^ the fupport of His Majefty's Government in this. Province. WHEREAS the following nvtnue laws of this Frovinu, now in forcgi, will sxf ire,- enditit ex- pedient that the fame fhtuld be eontiniied' I. Be itenaflid, hy the LieuleHanl-Gpvcrnor^ Countil and Affembly, That the Aft, palTcdin the thirty-third yearxif His prefent Majefty's reign, entitled. An Aft for granting to His Majefly certain duties on wine, rum, and other di!liUed fpiritlious liquors, and brown fugar : fnr the purpufc of paying the interef^ and reducing the principal, of the public debt of this Province ^ alio, an Aft, made in the fame thirty-third year of His pr«fent Majefly's reign, entitled, AnAft fi^r providing for the fi^port of His Majefty's government iu this Province, by laying an additicnal duty on wine, rum, andi^U other articles therein mentioned, and for en- couraging the agriculture, commerce and fifheries, of this Province; alfo, an Aft, made in the thirty-fourth year of His prefent Majefty's reign, entitled, An Aft. in addition to, and amcndmepi;. C. II. Anno quadragenmo quarto Gaotcfi III. 180^ -177 1 I. ill arfaliiior.M A > .ui|(Jrc)..vl (or gi.irtinx ai, t.v.i\ (lain « 11 wine, Sir. ;in<,la!. f ) 10 r.-Nivc nnil render muie «!'• Let .viiliiig|iir llij iiippdii of nil- arMendmeftt (»f,nrt Aift,pa(red u the thirty-thlrtl year of Ills Mjj?ftyV.rdjn,entitlrtl, An Aft forgrantinp; to Hij MajoAy certain diittCH on wine, rum, ar.d nil otiicr dinilled fpirituous liffuors, and brown fugar : for the purpofe of paying the intereft, and reducin{T the principal of the publiedcbt of this Province; andjalfo, to revive, amend, 'and rehdcr more cllcciual, an Art, pflfled in the fame thirty-third year of Hii M.'jcftyN reign, entitled. An Aft f^ir provU ding for the fupport of His Majefty's government in this IVovincc, by laying an additional duty on wine, rum, and other articles therein mentioned, anrt-ftir encouraging tiic agricul- ture, commerce and tiflicrfM, of this Province ; alfo, an Aft, made in the ihirty-lifth year ()f vcri'mVm.Uviry^ His prcfcnt Majcfty's reign, entitled, An Aft in amendment of an Aft, made in the thirty ii'"*'J,i',^|iJi''^jJ /ourth year of His MajcUy'a reign, entitled. An Aft in addition to, and amendment c'/^ in Aft, made in the thirty-third year of His iNI.ijcfty's reign, entitled. An Aft, for granting to His Majefty certain dutfes on wine, rntn, Md other diilillcd fpirituous liquors, and brown fu- gnr: 'or the purpole of paying the intereft, and reducing the principal, of the public debtcii""' thb Province ; and-, allb, to'revtve, and re»ider tndre effectual, an Aci, paflcd in the f.i.ne thir- ty-third year of His ptefertt Majefty's reign,' entitled. An Aft for providing for the fupport tif His Majefty's government in this Province, by hying an additional duty on wine, rum, and other articles therein mentioned, and for encouraging the agriculture, fifheries and com- merce, of this Province j alfo, an Aft made in the thirty-fixthyearof Hfs prefcnt Majcfty's reign, entitled. An Aft in addition to, and in amendment df, an Aft, made in the thirty-third year of HiiprefentMajefty's reign, cnrMcd, An Aft for granting to His Majefty crrtnlti du- ties on wine, rum, and other dtftilled fpirituous liquors, and brown fugar : for the purpofc of ceru^n aiu"*'"* paying the intereft. and reducing the principal, of the public debt of this Province ; and of wine, ic. the feveral Afts in addition to, or amendment thereof ; alfo, nn Aft, made in the thirty-fc- aa 37ih Geo venth year of His prefcnt Majefty's reign, entitTed, An Aft to amend, and continue for one ^Jn,"^*"'}"^ one year, an Aft, pafled in the thirty-third year of His Majefty's rcifjn, entitled. An Aft for grant- year, theActr.d ing to- His Majefty certaih duties on wine, rum, and other difttllcd fpirituous ISxjuors, and nicatointd. * brown fugar : for the purpofe of paying the intereft, and '•educing the principal, (if the pub- ^ lie debt of this Province ; alfo, an Aft, paiTed in the rhii'ty-eighth year of His prcfeftt Majefty's 3 j. nfcnHble the reign, entitled, A»'Aft to enable the oflicw* of His Majefty's naTy to obtain a drawback rtf w^"" .,"*»-'''* the duties on wine by themtnken Autcfthis Province, and condnned without the limits tuobuin aiirav^- thereof; and, alfo, the fccond, third, fourth, and fifth daufes of an Aft, paa*ed in th* thirty S,"*!"''"*" ninth year of His prefent Majefty's reign, ent ed, Aft Aft. to provide for the fupport of His »d. 31I. 4th. and Majefty's government in this Province, by reviving, ilttring and continuing, the feveral re- 5«ii.ci"ii'-sotA(;k venue hws which were in force the hft year, and are herein particularly mentioned ; alfo, an Aft,pafredin the fortieth year of His prefcnt Mvycfty's reign, to alter, amend, and conti- nue in force, the fevcrat revenue laws, for granting to His Majefty certain duties on wine, rum, and other diftiUed fpirituous liquors, and brown fugar, and other articles therein men A& .i6«h flio. jd in aiiditiiin n,, nnd amendi.ic.r. of, Av'l j(d ({ei.. jd f»r 39')!oiii. Junircs cnitlilcj to ilFue cuniput- fi'ry pri>rcli in civil cau/c«. ObOrucHiiiR r i.xpoimion of fJi;npowdcr, kc Tii,iluflp;>:!ilv t.ifticcs o( j\'i/? I'rius in SyJntVt Lunenburg, ftc I i'pi.nion«f full b;et. AiTizt of l.icicl. S'.i'.kliig ofwtlls. •RcfpciSing ali- ens. ^^:^o:t^•tiun uf f,',i<..i!;nl her- rings, &c CiT;c>:o;Sliciinl". r.r-iie f-r r. in.^R non'."' "■" rciin- Wft, Lir dcti.iv ii'jr county tlur« To j-vrvnt m- ro-oizipR of CAP. III. An ACT to continue in force the foveral Adls therein mentioned. WHEREAS ;r// espcJicnl ih.it the feveral A^t hertin meHtiorudt be further tontinued : \,Jii it theri/ort enabled, by the Lieut enitntGoverntrt CouncU and AJftmbly^ That an AA, n.adc in the lifth year of His prcfciit M-tj'jdy's reign, entitled. An A^ for the fummary trial of aifllnns, and the (everal AAs that have been made in amendment, explanation or alteration, of the fame ; alfo, an Ad, made in the twenty-fixth year of Hisprefent Majefty's reign, en- titled. An Ad to enable one or more Judiccs of the Peace to iflue compulfory procefs in the fird inftance, in civil caufcs, which are by law triable before them ; alfo, an Ad, made in the fnid twenty-fixth year of His Maj.*%'s reign, entitled. An Ad in addition to, and amend- ment nf, an i\ci to prevent nutfances by hedges, wares, and other incumbrances, oHftruding tlic palTage of fi(h in the rivers of this Province ; alfo, an Ad, made in the thirty-third year of liii M^tjcfiy'^ reign, entitled, An Ad to amend an Ad, palfcd in thefixth year of Mis Ma- jelly's reign, entitled, An Ad for regulating the times and places for holding the feveral Courts of Juftice therein named; and alfo to enable the Supreme Court to alter and fix the return of writs ; alfo, an Ad to revive a law for impowenng the Governor, Lieutenant-Go- vernor, or Commander in Chief for. the time being, to prohibit the exportation of gun-pow- der, arms and ammunition, or (alt-pctrc, or carrying the fame coaAways ; alfo, an Ad, paficd in the fame year, entitled. An Ad for providing for ihc trial of iflucs. by Judices of ^hji Pri' u.r, in the couu(ics of Sydney, Lunenburg, Queen's County, and Sliclburue ; alfo, an Ad, paf- fc*d in tlie fame year, to regulate the picking and infpedion of falted beef and pork for expor- tiiion ; alfn, an Ad, made in ihe thirty*fixth year of His Majcfiy's reign, cnliikd. An Ad to rcft'jlate tlicafiize of bread ; alfo, an Ad palVed in the fame year, entitled, An Ad to cn- aolc the ill hibiti'.nts jn ihe.fcvcral towns in this .Province, to raife numcy for the linking of wolli, and f'unplyliig the fame with pumps, aud-fur keeping tliem in repair ; alfo, an Ad, pafll'ti in llic tliiity-clgluh year of His Majefty*s vcign, eniitied. An Ad refj)cding aliens coniinjT into tills Province, or rcGding therein : alfo, an Ad, paffcd the fame year, cntit led, An Ad i'r.r rrgulatiiig the e.N;pnrtation of red or fmoakcd herrings, and in amcndmait to an A( . paiTod in the fccond year of Mis Mnjefty's j'eign, entitled. An Act for regulating the ex- pr.ruiion of fifl), and tlie fixe of barrels, hoops, hoards, and allotlier kind of lumber, and/or appointing ofilcers to furvcy the fame ; alfo, an cVd, paflcd in the forticih year of Hk Majef- ty's reign, entitled, An Ad in ar.:cndmcnt of an Ad, pafled in the thirty-fifth year of Mis M.ijcfty's reign, entitled, An Ad to amend, and reduce into one Ad, the feveral Ads made by the Ccneral Afiepibly, rfiatiiig to tlic niriec of S'lerift", and alfo for altering the form of the finnnions hercti)f(>re ufed ; ;iiro, an Ad lo jevive, amerid and ctmtinue, an Ad, paffed in the lliirty-dsth year ofllii MajcHy'sjcigu, entitled, An Ad in addition loan Ad, made in the fifth year of His Majefty's rrigr, entitled, An Ad fur railing money by prclcntment, on the feveral counties in this Province, for tlie dcfrayirg of certain county charges therein men- tioned ; alfo, an Ad, palled in the fonicth year i)f His preieiit Majefty's reign, entiiled, An Ad to rcviv.' and continue an Ad, made in the thirty-eighih year of His Majeliy's reign, entiiled, All ouraging the eand thing, Aich A£t» as he faid AAs, r, which will C. IV. Anno quadragefimo quarto Georoii III. I'S'oi 479 lentioned. tinued : hat an AA, itnmary trial or alteration, ''s reign, en- irocefii in the made in the and amend- , oHftruftirg ly-third year r of His Ma- the feveral r and fix the eutenant-Go< of gun-pow- n At an Aa, paf- k for expof. led, An Acl Act to cn- ! finking of fo, an Acl, cting aliens car, entitlal, liiiciit to an ting the ex- bcr, and /or f His Majcf- year of ills ids made by form of the pafled in the nade in the ent, on the u-rein nen- iled, An Acl gn, cnliiled, Att Afi coniiniinl to Jill Utcvrnbtr, ilo;. An AA to atnend, and render more e(reAu4l, an A&, pafled in the eighteenth year of IHa Mj. jttfly'i reign, entitled, Au Act to prevent tJie foreHalling, regraiing and munnpoli^ing, of cord wood, in the town of llalifeX'} a!(<), an Act to alter and amend an A A, pulled in the ttirty-ninth year of His Majeft>'s reign, entitled, An Aft for repairing, or rebuilding, the Ku," lilll'f'; market houfe, eredling a country market, and regulating the fcvcral market* in the town of <(>:• Ildifax; and alfo, to revive, alter and amend, and bring into one Act, tlie Act for prevent- ing frauds by butchei s ind fifhmongers ; and the Ad, made in the i!iirty4'ourtli year uf ilin late Majedy's reign, for legulating and «n9bli{hinga public market in the tov.n of Halifax ; alfo, an Ad, palled in the forty-third year ofUisprelcnt Majclly's reign, entitled. An Ad to Hummtry trial ct continue and amend an Ad, entitled. Ah Ad to revive, continue and amend, an Ad, paiFcd "'^'^''*"' In the thirty -fecond year ofsHi»prcfent Majefty's reign, entitled. An Ad to regulate the fum- mary trial of adions, before His MajeAy's Juftices of the Peace, in the town and pcninfula of tlalifax ; and every matter, daufc and thing, contained in all and every of tlie above- mentioned Ads, and alfo in fuch Ads as have been made in e7:planation, amendment or al- tcratltm, of any, or either, of thfe faid Ads, or for the purpofc of reviving the fame, (hall ' c continued in force until the thirty-firft day of December, which will be in the year of our Lord one thoufand eight hundred and five, any thing in the faid Ads to the contrary not- withflanding. CAP. IV. Ah ACT in addition to, and amendment of, an A61, paflccf In tlic Thirty-fifth year of His prefent Majefty's reign, entitled, an Acl to amend, and reduce into one A&, the feveral Laws, now in be- ing, relating to a Militia in this Province, WHEREAS, ^ the before retited Atl^ It it ena^tdrthat no artillery company Jthill confji ;/ more than thirty-two rank and file, whub number is thought to be infujficient, fur i^^hut nioy be required 'n defence oj the c$untry : I. Be it .berefore ena^edf by the Lieutenant-Governor, Council an^<'^ it niiy b<- \a\\\< I to htiitt the ll'i!ili:i, wlicij m.-iicliir^;, oi» liotik keepers. Cominiatlon of. t!iis Ao'), ami A.'l 3j(h G;t>. jil.. 480 e. V-VI. Anno'quadragefuno quarto JGrsoRGir HI. fto4 titled. An Acl in further addition to, and for altering and amendifig, an AA paffed in. the thirty-fifth year of His prefentMajefty's reign, entitled, " An Act to amend and reduce ipto one Act, the fcvcrallawj, now in being, reluin^ ri a mUitii in this Province," fhall be, and the fame are hereby, continued in force, until the thirty-firft day of December, which will be in the year of our Lord one thoufand eight hundrpd and five. Afl cont'rta*<{ to J ift December, CAP. V. An ACT to continue an A£t, made and paffedin the Thifty-ninth year of His prefent Majefty's reign, entitled, An A£b for raifing a Revenue to repair Roads throughout the Proyince, by laying a jPuty on Perfons hereafter to J^ie iiicenfed to keep Public Houfes, or Shops, .fQr.jtli€ retail of Spirituous Liquors, pnd for regulating fuch Public Houfes and Shops ; alfo, the A&y paifed in the Fortieth year of His Majefty's reign, in amendment of thie above recited Adi ; and, alfo, an Ad, pafled in the Fiorty-firft year of His Majef- ty's reign, entitled, Aii A61 in addition to, and amend«ient of, the above recited A61. WHEREAS the above recited A^s will cxpirty audit it e>>J)editiit that the fam€jl}otddbscontinucd ; Be it therefore enaHedt by the Lieutenant-Governor^ Council itnd Affi'mbly, That the faidAfts, nnd every matter, claufe and thing, therein contained, (hall be, and the fan^ are hereby, con- tinued in force until the thirty-firft day of December, which will be in the year of our Lord tr.i thoufand eight liundred and five. CAP. VI. An ACT to continue an A£t, paflTe] in the Thirty-fccoqd year of His prefent Majefty's reign, entitled, An hd: for the further in- .creafc of the Revenue, by raifmg a Duty.qf Excife on all Goqds, Waves and Merchandife, imported into this Province ; and, alfp, the A 61, in amendment thereof, puffed in the forty-firft year of lii, prefent Majefty's reign, entitled. An Adt to alter, amend, and xroutinue, an A(5l, made and paffed in the thirty 'fecond year of His prefent Majefty's reign, entitled, An A el for the fur- ther ijicreafc of the Revenue, by raifmg a Duty of Excife on all Goods, Wares and Merchandife, imported into this Province. \S There AS ih: above reciiid A61 wi'.l empire, and it is expedient that the fimt Jlmdd he continued i V Bi it ciiaclcJ, by-tbe Lieuteranl-G^venior, Council and AJJumbl^, '1 hat the faid AcV, and every ^'i{i^\^L^^--ty^, »'^;*ttcr,,.r'.i!!re and thing,. thc'.vin contr.ined, Ihall be and continue, and the f'lueis hereby x8o:. continued iii force until the thirty-firft day of December, which vill be in the year of ov«: Lord one tlioufandeiglit hundred and five. CAl?. sEomI Afmo quadragefimo q$iarto GioRGif in* C. VIMX. 481 CAP. VII. An ACT to continue an A£t, made and paiTed in the Twenty-ninth year of His prefent Majefty's reign, entitled, An Ad: for the bet- ter fupport of the Poor in the refpedtive Counties of this Pro- vince; by laying an Impoft Duty on articles imported into this Province from the United States of America. WHEVCEAStbeaboveredtedJdswUltxpire,cmdithe)cpedieHtl&atthe/ameJh0uldbeeontm^ Be it etuiitdt by the Lieutenant-Governor , Council and AJfembly, That the faid Act, and every , ,ft December, matter, claufe and thing, therein contained, (hall be and continue, and the fame is hereby ^^°s- continued in force until the thirty-firft day of December, which will be in the year of our Lord one thoufiind eight hundred and five. ^1 CAP. VIII. " An ACT to continue an A£k, made and paffed in the Thirty-fourth year of His prefent Majefty's reign, entitled, An A61 to provide for the Grammar School in Hahfax, and for other public pur- pofcs therein contained. WHEREAS the above recited Ad will expire, and'tl is expedient thai the fameJhctiUbe continued: Be it enadedy by the Lieutenant-Governor^ Council and Affembly, That the f.iid Ad, and every matter and thing therein contained, fhall be, and continue, and the flime is hereby continued in force until the thirty-firft day of December, which will be in the year of uur Lord one thoufand eight hundred and five. Ai") contitiuet' to J 111 Utctmber, CAP. IXc An ACT to relieve a certain defciiption of peiTons from fuiulry in- conveniences, arifing from an A61, paffed in the Thiity-fecond year of the reign of His prefent Majefty, entitled, An Acl to pre- vent the Wind for and HammOt?d Plain Road being injured by heavy loaded carriages, and to extend the faid Ad, and this Ad in amendment thereof, to the Townihip o Windfor. w HERE AS inconvenience! have been experienced by the aforcfaij id, from its bciw^ ./Uricult carry heavy loads en earriti^a, with whuls of great breadih : Mb to I. rie.i. 4!?.. the wiicci? o! heavy lom'cil i;»iririgi"f mav ic lei's tlui nine id- «I:es wide. Pimifhrrifm of I'.ich as iiiir wheels klic tcDott of which a\c. Iffs than fix. i^hes, \vid(:. C. IX. AariQ quad ragefuno quarto Georcii IIL, iSo^ fcnaltf on refu- li.'^to do the la- Lour, prefcribcd as a :}uniihiseDt4 Penalty for fuch 'IS trail on f«id I Odd it. when bare, of fnow, or frod in die ground. A pplication fmcs. ef A,~x ^n eytf nd t» ?li* towniliip of V'inillbr, I. Be it ihcrejnre ennfled, by the Lkukv.anl-Govermr, Cetmcil and Affmbfy, That, from and after the publication hereof, it (hall and may be lawful, for any perfon orperfons, to pafe or repafs on thQf;iiii road, with cnrts, trucks, waggons, or other wheel carriages, laden witK,logs, tiin- b«r, or othpr kinds of^unnberi wkh wheels, the felloes whereof arc of a left width than nine indict. II. Providitd akuaySf oHdhe iPfurther enafled, 'I'Hat if any perfon or pcrfons^vfhall, at any one time, or o'ftcncr, in each, or any year hereafter, draw, or caufe or fuftcr to be drawn, alrtng the Windfor or Hammond Plain Road, on hit, or their, cart, truck or waggon, or other wheel carriage, having wheel*, whereof the felloes are of a lefs brcadtli than fix inches, any logs, timlicr, or other lumber, not lieing.for the. aftual ule of their own farms or baildv ijigs, he, or tJi«y, (hall be liable to, and {haII,.on every da-y to be. appointed by the Surreyors or Overfeer of fuch roads, refpe(fHvely attend in perfon^ or fend one able man, .provided with, fuch neceffary. Jiiipleraents asfballbe. directed by the faid Surveyor, or. Orerfeer, to work on the faid roads, for two days, ihrefpeft of every horfe or ox, ufedat any onc.time, during fuch. year, in drawing logs, timber, or other lumber, on any fuch cart, truck, waggon, or other wheel carriage, over and above the ftatute labour which fuch perfon or perfons is, arc, or may- be, liable to pcrfgrmj according, to any A(5k or. Acts of the .General^ffembly already in. force. Ill; And btitfurihfrena£ledt. That if any perfon orperfons whofhall be liable to perform theaforefaid labour, on the faid roads, being duly notified, ihall refufc, or negled, to attend, or to fend an able man to work, as aforcfaid, he, or they, fhall forfeit and pay three fhilling* for every day's negled ; the fame to be fued for by the Surveyor and Overfeer, and recover- ed with cpfts of fuit, before any one of His Majefty's Jufticcs of^the Peace for the Count) of> Halifax. . ly. And belt further enabled, Tliat if any. pcrfoik or pprfons, &aU trail on the faid roads, re- fpedively, when the ftmc are bare of fnow, or the froflin the ground, infufiicicnt to fupport the cattle travelling thereon, any logs, timber, or other lumber, he, or they, fliall fbrfeit and pay, for every fuch offence, a fine not cj^cceding twenty. fhiUings,. nor lefs than five fliillings, ta- be recovered before any one, of His Majefty's Juftices of the Peace, for the County of Hali&x, who may impofe the fame on his own view, or on the oath of a credible witnefs. V. And be it further enadcd^Th-xX. all fines and forfeitures, impofed by this Aft, fhall, when recovered, be paid to the Overfeer or Surveyor of the faid road, refpcftively, to be by them applied to the repair thereof. And whereas thg roads in and abtut the irwnfhip of Windfor, are jnmch injured by perfons wboeart-, P/ai/ier of Paris on the fame ; for remedy whereof: VI. Be it enaHtdy That, from and after the publication hereof, all carts, carriages and wag- gons, employed in the carriage of plaifter of paris, on any of the roads in the townlhip of Windfor, fhall ufe v/heeU of the fame dimcofions, that are appointed in, and by, the faid Ad,, for the carriage of limber on the Windfor road,' and perfons ufing any other kind of wheels in ■ and about fudi bufinefs, Hull be fubjed to the fame penalties that are appointed in, and by, the fiid AcV, un'.efs fuch perfon or perfons fhall perform the additional flatute labour en fakl reads, appointed, and dircdcd, in, and by, this Ad. GAKl iSo^ 1804 from and after pafs or repafs vit}i^logs, tiin. idth than nine tv^fhall, at any to be drawn, r waggon, or an fix inches, rms or boildv c SurTeyors or provided with . r, to work on . le, during fuch. fgon, or other is, arc, or may ready in. force, lie to perform : faid roads, re- nt to fupport nil f6rfdt and ve fiiillings, ta- il ty of Halifax, fs. % fhall, when :o be by them tr/ons wbocart-^ ges and wag- townfhip of the faid Ad, , dof wheels in n, and by, the }our en faiU Anno quadragefimo quarto GEORCXt Iir^ C. X-XI. 483. CAP.X. Preamble. Court of Sellion* of the Peace, for the diitriv.^ of Culcheftcr to be held at Truro. Wriu to be re- turned to Trut«. A*n ACT to alter the place of fitting of the Inferior Court of Common Pleas, and the Court of Seflions of the Peace, for the Diftrifl of Colchcfter. WHER'E.AS the /aid Courts are ttew held ar OnJ/env, and it is expedient that the fume Jlmikl beheldt infuturetOt Truroy where the Supreme Court isy by Lawi direfled ta be held, and where a Court-Houfe has been eriSledfor the purpoji r I. Be it therefore enabled, by the Lieutenant-Governori Council and Affemhly^ and it is hereby f- na^edy by the authority tf the fame f That the Inferior Court of Common Pleas, and the Court of Seflions of the Peace, for the faid diftridl of Colchefler, (hall, hereafter, be held at Truro, in the faiddifiridyandnot at Oilflow, any bw, ulageor cuilom, to the contrary notwith- flanding. n. Andbeit further enafledy by the aa/A«riVy GAP. XI. An ACT in addition tb, and amendment of, an Ad, made and paf- fed in the third and fourth years of His prefent Majefty's reign, entitled, An Ad for the relief of Infolvent Debtors. WHEREAS >/ fV fx/A/im/ that prvoifionfljould be made to difcbar^hfolvent Debtors y confined preunble injailt under exeevtion, tn judgments given by ajtngle Ju/iice : I. Be it ena^edt by the Lieutenant'Governory Council and AJ/emblyy That, from and after the publication hereof, it (hall and may be lawfid for any two of His Majefly's Juftices of the Peace for the County, the Jufiiceby whom the commitment fhall have been made being al- ways one, without fee or reward, to extend thie benefit of the before recited AA, to all and e- very fuch perfon or perfons as fhall, from time to time, be committed to prifon, for any fum ""'A^- or fums of money not exceeding three pounds, and the cofl } anything in the before reci' tcd.A6t to the contrary notwithftanding. Ferfons confined injailtbrnnyfum not exceeding 3I, may have the be< nefitofthelnfui- CAEt. The th G oi M *» : r^itxtiffxm ABRIDGEMENT OF THE STATUTES OF NOVA-SCOTIA : FROM •The Flrft Seflion of Gei;eral Assembly, held at Halifax on the Second day of Odlober in the year of our LORD 1758, and in the 3 2d year of the Reign of His late Majefiy King George II. to the end of the Seflion of Gemerajl Assembly held at Halifax on the 21ft day of June, in the year of our LORD 1804, aud in the 44th year of the Reign of His prefent Majefty King Georoe III. By RICHARU JOliiN' UNIACK.E, Efq. Attokney General. mopVH IT BONUM EST LEX LEOVM. ICMORAMTIA JuillS NON £.XCVtAT. HALIFAX^ Printed by JOHN HOWE and SON, Pi inters to the King's Moft Excellent Majefiy. IK » *^ ; /jTo:)«-AYo;-i '10 e^TU'r Ai>; ■a: iJdoftO v:,.Tr •'■ r. r.iaw" iso-< .In- Lif 5iiJ lu i*;:c ;ft( \! -I!.'.- tu nv . 'J'l} >' * ' ' ; . If T A,J/ t" fto! K €, A'"-* -' 108 }m' tam I y|.« JjMifc.da j';.(i \t.m Brlffjtiijtfi , ' AS RID GEM EN t; (£^ . Ii.', :1j. :.'tii. XThe St atvtes are abridged u»'der Tuch Heads ai correlpond, at neat as portible, with the Tit!e and ObjeA of each Att ; and the principal matters referring to iKe Tttlei, and P^rurauhs, m th« Abridgement, are colleAed and arranaed in 'the lAljAabeucai Table.J -• o TITLE 1-4. Accounts Public. P. 202. Stat. i6th,Gco. 3d. Cap. 3, Sec. i, 2 : No. i. All accounts of receipts of revenue, and payments tnade, at the Treafuryi (hall be laid b..-fore the General Aflemblyi and, when allowed, (hall be a Bwi)! difcharge to the accountants, and all receipts of revenue (hall be accounted for in the TiYafiiry of Great-Britain, and there audited. ^ec. 3r'4-;-'No. 0. — • ~ • ■ All perfons having any demands againft the Province, (Itall render their accounts within the (ird week of <«ach SelGoD of General A/rainbiy : Und 00 Hccouin (hall be paid at the Treafury whicb is not brought in at that time. , . : :t ■)il!wr:tiM'> * .-ijiius-jt sv'^ •(.■IJXS "d (l>.frV s'lOW SKllllMf OJiUf blil(!Tl. •■-.« f>i bw^ ^4 It tn <■ '<:• : i'JsTjiHJS < - . -((.J ^iq lUli' i'f:£ ,.■ :.JJ1 V5f:5>.*:T S4(liai tnmv,Vi. Ill ,. , ,.,,, ..... .. ( : • >': u ■ (ij J '• 1 -J yd n-3 1 ■ ; m hvn stfJ fij:t!v -" ^«WB^ » * M.MMrf.««ki*A .muiCf^". V I ' •. t. jq ^. 390, fine (lll^XKliUH ?rt' tsr*- • ■ I'l t) ,vii ! '■•■» f'.'-ifltt) c-lf^rf; rir (ii 'f.n. oj j.m fi. r? 'Star. 3'8th, Geo. ^d, (^a^). i,§ec. i,2,'5,4 TITLE 2. [' Aliens. No. I '; JOfi 'jMi . ..."•■: T! JwfV. ■ '' ' .fWr: ;.;> ,-•'.(: .• ■ •■ . > 'J i. < ii3->T3i; :<7ii ia'ifd'iii sd iiii'l ' ^v.• Aliens not to rL'm;nn in tht ProVinec without a permit from W the Governor, which permit is to be uraiiled on poof of good bthayimir.und iurfciLiu ivcuiity tor tho continuance ilieitut Alien- Vefiding Avlthout a perrtilr, »i' (Aiilafirtg the fame, or laying, or\)oii)g, any tiling to dillurbtlic jiovernmeiit, fliail b' ini iirifenH; or fitltd,- u'ftd'ttanfpbricd^oit of His Maicfty'ij Jjminions ill AiiitrKa*. Alien, if iiueltiuik-d, muft .piovc that lii had a permit. .''•••. . . . \ permit ■Sec. 5, 6 : No- 2 A.perfon, knowingly liaibouring an Alien* without giving notice to a Magiftratf, (lull fot.Vt icol. MaJtcrs jyTM.!"^ WaiieM Of" veCelt to report their pilTcnReri to the Cu(lom.H'»ufe olTiCfr, or a Juftice ; »nd, • on negleft, to f»j »ol. for which the rcff:! m»y be boldcn : return of fuch report* to be made to ihe Secretary, or other peiibii appointed to g rut permits. Sec. 7, 8 : No. 3. Governor may remove any furpeaeH Alien, alibot^h he may have obtained » permit t |ind if fucb Alien return, he Qiall bt dccfaed guilty of felony, without benefit of clergy. Sec. 9, 1 0, 11: No. 4. Jtifttt^r tourt) to be taken by the AKens. Co|(n!jtabc^A.Cbll sflTeilccs ffMre Tolurnlnjia' Supreme and Inferior Cvuru : all pciultiet to be one half to the Informer, and the oihet to kbe King, AH liiniud to a year» I iiiw iiwiwi ai*^ • ' ' ...!, ,ai»,nj «,!-!.. i.:i,M*n boii i^-j!;.T7ri; ti s'''"-^«'' 8''-' '•'• '''''''''''I ■•■''' ^'■'•• L;»;jnt:iii , if 1 X.jHoJ SI* ,:naii' -mi! »nair. < ! \tt v^n-iit "^o^.ivctmi 'I ' - .1 .-K : -. ,; .yjr: ,f .qH .!.«, .m'j ,tl!.)» .3.".)£ .ics .'i ,1 ...11 ;R/, LnrsO 5(1' iii-l -I !)ii.Io<] aRifl ,^n^i.'-lT 1 ITLE 3. Appropriation. P. 452. 1,2, :No. Contain the fcreral votes fur moner. Slat. 41ft, Geo. 3d, Cap 18, Sec. Sec. 4, 5, 6, 7, 8, 9, ic r No. 2. Governor, with advice of Council, to appoint commidioners of roads and bridges, and to remove them atpleafure. Secretary to furnifh the Treafurer with .he li(^ of commilfioners appointed, and remuved ; work to be carried on by contrail ; copies of contrails to be fent to the Treafurcr ; contrailors to give fecurity. Commiflioners may advanc;;, on good fecurity, one third part of the amount to the contrailor, tlie other third when half the work (hall be execu- ted and pafCed, and- the other third when the whole work (hail he fini:h«d agreeably to contraA ; the time to be fixed in each (onrraft at which the work is to be iinifhed. Comntiilioners fhall account for the money received by them, and (hall pay con- traitors with money only, and on a certificate from the SeiHons and Grand Jury that the work is performed ; and, on accounting for the rxpenditurc of the money, commifTnners to be allowed a commiiiion. No work done after i yth Oilaber, to be examined and palTed until the ill June foUo-wing. ;..jvhea mcue commUEMier* th«tnon«,~the- «l lBir anee t o* b e d lvl d e i tr' "Jwtggs of NiC Prius to be paid il. 3s. 4d. per day. Repairs of Govcniinent-Houfe to be direiled by the CommifTioners of the Revenue. Sec. 12, 13, 14: No. 3. The Governor rrrayprovide for the maintenance of prifoners 'n the Halifax jail, and for the cxpcncc of bringing them to jail, who are not chargeable on the County. Colle<5lor$ at Halif allowed a commifEon of four and a half per cent, and all other Colleilors ten percent. CulleiSursnot to trade in an articL liibjeil to duty, under penalty of 50). and the lofs of their coniniiflion, on money coHecled. Waiters and Guag^rs^may be appointed.foi the out-ports by the Governor, and who (hall be allowed five percent. ' . . ~ 1 ■ ■ Sec. 15, 16: No. 4. 1''hirty (hillings to be paid the Coroner for every in<]ucfl' returned, in lieu of all fees, 12;. of which is for the jury, and 23. 6d. for the condable ; any further charge mull b;; paid by the County, if approved of by the, Gr^nd Jury. The Goircrnor given power to druw on the Treafury for money appointed to be paid by perpetual lavs'. Sec. ■ ■, 3«in(o«J-»jt!i vi|mM'-.iB:< .rvhfl'j.i-. tot. far whicb permiti. lit I find if fucb tit all fu/peded be taken by the cd to a }ear» ir.rt Jqiij'jl nd (Kidges, and oved ; work to imiffionrrs may ft»all be execu- ; fixed in each i fhall pay con> I on accounting to be cvimiscci ndg« of NiC : Revenue. iail, and for the imiflion offour under penalty ut-pons by the i;. of which is I. Cr^nd Jury. Sec. . .-;.^ Mff^ 3-4- i TI^:lnafi|nr.)niih;luMii jfijjnc." to .nanwi •>■. silj Ml. I'i «ni: ri ,1 ■ .ic1 ''! 3;i II1.1:! < iSi^iso'bt) Xii* j(iil,ni.iti!)irfiun ,. • ■ I.- .! .. '.i ...J. 1- 1t>-..- J 1. . -J.- II TI rLE 4. p-' Arbitration, P. 1 3 J. Stat. 8, Geo. 3d, Cnp. 1, Sec. i, 2 : No. i. Merchants »nd traders may fjbmit their (lifTcrcnces to arbitration, Sd>mi8ion, if inferted ii> their agreement, may, on a(iid4Tit of the witncdes, be made a rule ol' Court ; in cae pittty refi.'e to jjj! i?! ■ ' ■ ■ perlbruf .1 01 i 'fiij) liTtfE 4-5. |>erronn (ward, he Ifxil bejtuniflied u for a contempt, unlef* ita|)pe4r, on oath, th»t th' ivard wat pro'curM 1>y corraptioni -cfr vndue mtaoi, ta which cato k fliall b« At afide, fatidcd appUcilioii M made itcfan the bft Day jul.the next teria< t*^ *«t t-ni .err ' ■ .^ R*« i-llLil. 5. Aflemblv General. iP. 116. Stat. 5, Ceo. 3d, Cap. 10, Sec. i : No. i. Reprcfentaiives in General AITcmbly to he Veiled 7s tffjal, vnd their mm* her to be m fullows : for Halit.ix County, four ; itad tor AnnHjialii, Luenburgh, Kin)>'i, Cumberland, (^een's, and Sunbury Counties, two each; fur the Town of Fi^lif^x, two ; and for the Towns of Truro, Onflow, Annapoliai Granville, Lonenburgfa^ Horton, Cornwitllis, FaloijuUi, Newport, Cumberl.mJ, Liverpool, and S.tckrillc, one each. Sec. 2 : No. 2. When the Tc j»B'( of Barrinjton, Yarmouth, Chefter, Dublin, Amherft, Saint Jiihn.T/indfor.'Wilmot at Can- fo, Wiiinot at .\n Aifts of the loih and iith Geo. 3d, to raifc money to pay the Reprefcntatives. P. ::4i. Stat ajifi, Geo. 3d, Cap. j, Sec. i and 3 : No. 4. The Counties of Sh-lburne and Syrlnry. to1iave,each, two meTO" b'jrs ; and the Town of Shelburne and Digby, to havr, e!ivL'yanci.'«, to multiply vntci, (hall forfeit lol. and fuch convtyanccs, notwithltanding any defeasance taken, fliall be good agaioft tlic grantors ; candidates and elev^or'! to hu-e an income of forty (hillirtfs a ycaj^or jlilwclliiia.lmuCi i»-4h« Countyror ¥«wn, or one huntrcd acres of land j and, ifhcld by ticeQCc uf occupation, the lame to be £OoJ. SiicriiF mifcondading himfelf, to for- kit 20c!. Sec. 4, 5 : No. 6. Ptrfons firniTiing entertainmeflt for freeholders difabled from recovering payment from fhc candidate, or !it« friend?, b.it nviy recover frsni any ill lividiid thevalii: oCthe entertainment given to hinifcif, at his own re(|\ie(l ; {>eri'on bub- ii;;; or c ii'i-jptin^a ficcliulder, is iDaJe fubjeft to the ,);n iltii.3 iiiipofcJ by the laws of England. -ii.Jrt **t « •' Sec. 5 and 7 : No. 7. Tlrii Art to b* i-e.i I eic'i div, an I n.) ot'ur oath, fiivc the one prefcribsd by this Aft, IhaH be requirrj ' from the voters jno pol! to b; kewt o;)'.n lonvT lUiti (itiiv-, when the candidate having mod votes fliall be returned ; t..ih canJidat- tj piv the SIi.rifFien ihiiiiniji o.-rdcy Jinn' lU; "I; tio:» ; and, on a fcrutiny, t*r«nty lliillings per day : to bt paid by l!ic candidate demanding it. R corruption, -tk tfnmtt tvu4 ■ > nd their tmm» and Sunliury Ltmenburgh, ilmot at Can- iicmber each. i^, to raifc :fi, two mem* 9 fer»e in the ' the C Mjnty riff is to read hi confent of nicfs by con- polled ; he elefled ; if* roceedin^s in copy of the ng fraudulent good iigaioft or Town, ot nfelf, to for* ii)a(p, or ht {)erfun biib> be requirr J Jined ; i..^h ) be paid by trnzi. f II* 295. Stat. 33d, Geo. 3J, Cap. 8. Sec. i, 1, 3, 4 : No. 8. SherifTi ofthe Counties of Halifax. King's County, Annipolii, Shelburne, and Sydnty, to open the poll for each elcAion firll at the County Conrt-Houfti ; and, when there clofed at the re> 2 Mil of aiiher candidal*, to more, and open a poll for the County of Halifax at Onflow ^nd at VValmfley i to ScilTabou for the lounty of Anoapolis ( lo Parriborough for King's County ; to Argyle for the County of Shelburne i and to Country Harbour and Aitigonifh for tht County of Sydney : the application Cirremoval mull be made on the day the poll is fird opened ( due notice mult be givon of its remor.il, and It is to be opened at the place of adjaurnment the twelfth day after it was firft opened, where it (hall be held ftr two days, or until all the rotes are taken i and, when the poll is to he removed to a fecond place, the SheriiTis to give the ftme notice ks he did o( (he liril adjburrtinent : the SheriiTmay appoint aflillants at each place of adjournment. P.' 298. Stat. 33(1', Geo. 3d, Cap. 10, Sec. 1,2: No. 9. Duration of the General Alfenably limited to fevrn years, to he computed from the day appointed for the Crll Seflion to commence, unlcfs (ooncr diilolvcd : this .\A not to be in force until His Majelly's picifure is known. R 386. Star 37th, Geo. 3,d, Cap. 3>Sec. i : No. 10. f Candidates or freeholders, at future eteAions, nuift have forty (hillings yearly income from freehold eftate within the county or town, or own, in fee linnple, therein, adwellinghoufc, with the ground on which the fame (lands I or one hundred acres of land, (i;e of which to be undrr cultivation : Perfons having fuch qualifications may be either candidates or ete^ors ; the titles to fuch p roperty mull be regillered lix menihs before the tell of the writ : ro> thing hcreio to preclude pcrfons from holding by defcent or dcvife.' V ll 91JI1.4 ,li«dl »■**• |4I>W TJ.JJI.1 . « TITLE 6.7. Bail p. 140. Sut. 8tli, Geo. 3ci, Cap. 7, Sec. i and 2 : No, 1. The Chi«f Jii(Ke«i ind one «r more of the Toflicei of iht 'S«- prens C'liirti to con-niliin, ii thsfcireril Cimties, fj niti/ pe fjni it tliey 'iiiy think nuce- p iwir t> t'lminiOcraa 04ih, in writing, «nj mtrka writ far bill i«nil niijr uke the tclriiowlcJiineiit of biiil in any action ptnllnj in th: Court, anl tr,)iifnit the rtct^unnce ta yM >( t'\-: Juilicei, witu ihill recetve the Uine on proof on oath, by * psrrni) wh') w.it prefcat wlien t'lc fim.: wai icknjwle'luet i and fuch bail, or rrcagniztnce, (hall be of the like ctT . t ai if taken before one of the Julhcei, who ihatl receive tor hit tee 21. and the CoiainilEoncr liiall reeeivei lor roaikiug ,« tvric, 21. and for taking bail, 51. and no mure. Sec. 3 : Nu. 3. Ji.if>icc« to mike rulei fur iullifying hiil \ no eojiniior of bill to be oblij^ed to appear at Court^uoUfi he lirs within twenty miles ul Halifax, bat tiie atfiJavit an J c i, 2 : No. 4. When debt (hall exceed jl. Shrriffto take bail for the anioi'iit indorfed on the writ, which inJorfcment is to be ratde on an afHJavit, beiiij fwurn tu before th. Juljie, Cletk, or de- |>uty Cl'rk of the Court i when the pirty is lick, an I unable lo itund to make the aindirit b.-lbrc the proper oificer, the lame mav be mad*: before a JulHce of the Peace, who may ordei bail. 31 1. Stat. 1 8th, Geo. 3d,- Cup. 6th, Sec i : No. 5. Shcriifto hold to b.iil.in all cafes exceeding tSres pound* t O'to attach ih'^ debtors' goo N, o-iaTtlaTii made by plainiilTi attorney, or agent, bctorc a Judge ot the Court } or, in his abfcncc, a fut(i:< of the Pcack.-, tli.it lefeiidani is Jultiv indel)tfd : the allid.ivit to bd tiled with tliu Ckrki and the fuiii indorfed on the uri! ; for fiichfum only bail Ihall be taken, or attachment in.idc. Sec. 2 : No. 6. If plaintiff is abfent, the Judge m.iy indnrfe th: writ, on plaintiff's agent producing hit affidavit, authenticated according to the Law of England, or the ufage of the plantations. Sec. 3 : No. 7. "Defendant, if arrcrteil, to be fet at large-, on fiiving the Sheriff bond, with two fulReicnt furetiei for his Appearance, which if he ncglci^, judgiTient iv defiult miv bt" en'eiLd, and th.- b:)nd alf^ied to plaintiff, who may, not- withO.in'hny;, procC' (1 to final jud;;rnent { if defendant put in fpecial bail, the bjtil to the Sheriff is difcbarged, and defeodaat eit> .'.) led to defend the caufc, but not utberwifc, lilLn 7. Baftard Children. ^. 27. Str.t. 32d, Geo. ctl, Cap. ,19, Sec. 1 : No. i. A wom;in, delivered of a baUard child, likely to be chargeable to ^iie Province, who ftall, at the time of delivery, decJaro to the pcifon aflilting, who the father was, ai)«l (hall, foine time before declw uflicf I of ific 'Sa. tlornMior Solicj. nUiimnent of boil he l4ine on proof .ill b« o>' the like nie, tor maikiua lurtiualcfi hi lire TITLE 7-8. JidiTf h«rf(lf with chiM »tt baftard, !n eiditr cafe tht neartft JuAlcc to take exartiinatlonl In wvltlng, anJ, at the dcfirt of the Of rrfccn o; the Poor, or houfrholdcr of the pbce. to eomnit the father to prifon, unlefs he give fecurity to indemnity the place, and to appear at ScfEuni, where he ii to be continued on recognitance antil woman delivered. If woman die, or be mar- ricd before delivery, or itiifcarry, or (hall ooi be with chilJ, perlon chargtd tt be releafcd. Sec. a and 4 : No. 2. When child born, the two nnreft JuOicei, at the dedre of the OrerTecft, or of a fubdantlt! houfa* holder, upon due f xamination. arc lo make ta order for the rfetlcf of (he place, and that the mother or lather do find fccurity ta indcmnifV the place, or pay aol. (o be given lo ttttf Overfetn. If, after 6rdCr made, mother or father, on notice, (hall not per- form the f^me, they are to be committed, unlefa they give feciiilty to apiwar and perform the order of the next SclEuni, or other- wife, the firft order. Appeal by ^rty, thinking themfclret injiiiedi to U tO' Beflioni, where tko caub ia tot>e tried by Jury. See. 3 : No. 3. A womtn who (ball faMely accufe another, t»be committed to the houfe oFcorrcAion for Cx montha there to ht whipped. •ame,ihall futflr take bail for ih« ftc, Clerk, or Je- Jihjcri the Itmc res poundt ; or la or, in Ins 4bfc:ncc, ndorfcd gn the "it, authenticated ulfieidit fureiiei who may, not. Ad defeojaat ««• e cliarjieablc to ne time befure dtciai-f TITLE 8. i P. 336 Stat. 34th, Gto. 3d, Cap. 9, Sec. t afid i ; J5I0. i. Two perfons to be-«p(Ki!nted by Stdioni, in every townfliip, who fhall be fvrorn as InfpcAursand Re parkers of ^afi Beef and Pork for ick^orution. All barrels, and halt' barrels, .0 be nade of hard wood, with twelve 4ioops, and tfght. ' . ' ' 8ec. 3, 4i5»6= ^o.*- InrpeAori 10 (brt beef and pork, by them rc>packcdi into tllrve qualitiea : (he defcripiion of each «|*iality Ii dtrifled by the Ad ', and be is to branJthi quality, and tjuantity, en the fi<:ad of each ca/Ic, 'with his'njnie, an.) the n.ii'x: of that place. Each cxlk Ihall contain 290 lbs; df nftiri)efcf Of p6rk, atid bcirf'barrclf (hall not certain more than thirty-one •t'^: gatlonv or lela ehnn (hitty 1 and'porlt'myreh' not mure than tlijny, or lefs than twenty-nine gallons ; h^lf barrcla to be in the fame ■i;j firopOtrtion, and, Kkewifc tO' be branded. Thb ni'eat (Hall ha^cf been in (HI1 At le^fl fourteen days tJefore ii-packin{. Oac Ih'lling to be paio for infpefting and repacking each tMiVr with an' aJlo^iikHt^r houpa ; the dmikr to fmd.falt. face. 7, 8, 9, 10, ti : No. 3 Perfons Shifting, or m'xing, iflfpefled beef or'pdrk, and exporting fane, tofcrffit yol. The riCpeAor C^jII alfo forfeit jol. for every offenc: contrary to th-j Afl. The owner nf uniufpc^ted beet or purkto foid i' ^c.$. foi evr'y band . -wpcrted witliout infpejiion ; and the mailer of the TrfTel, likewife, 20s'. for each uniiifpe'iflcJ barrel (hipped : ar.d Ii>lpt.iitor may ol>tain trom a Jufticc a warrant to enter a fufpeifled vclTcl, and an order to the ptuper Olticcr to land any beef or ■ poik found thereia, which *ias not been inrpeflei ; the owner to piy the '■xj.ence of landing ; every perfun obdrufling t!ie ofR- cer Inall forfeit 50I. Penalties to be recovere like iatcrcft from daw of Prpjejl ; ipland bills or . prders fubj^A to (ike intere(f» from date of Proteft. F. 134. Stat. 8th, Geo. ^^d* Cap.. 2, Sec, i and. 3 : No. i., PromifTory Notes, made payable to a perfcn, or hit order, may be aOtgned, by.indorfement, the fame as an inland bill «f exchange : the pcribato whom, fuc^vnote is payable may maintain ' an aflion againd the maker thereof : and fo may the indorfee have his aflion either againft the maker or ind«rfer, the .fame as in cafes of inland bills of exchange ; and the pUintifT, if he recover, may have cxecutioa for his damages, and alfo^his colts, pro. viJeJ. that the aflion is brought within Cx jcai $. TITLE 10. Bifcuit and Flour; p. 67. Stat. 3d, Geo. 3d, Cap* 3, Sec. 2, 3, 4 and 5 : No. i. Flonr and bifcuit to be fold, or exchanged, only by weight : if by u; caik,..or in any other wajt, to be forfeited to the poor, and perfon offending, if conviAed before two Jvlices,. to pay informer t'o%with cod, for crery hundred Crel^^'' '"'^ ^<* '" proportion. Profecution. to be within ten days. p, 2^73. Stat. 29th, Gt/). 3d, Cap. 10, Sec. i ^.iid 2 : No. 2.. ^ Meal and Hotir, of every kind, to be foii^ or exchanged* by weigk only, and .0 no other wa^ ; and grain, when meafurcd, (hall be Aruck with a ftrait board, .or Aick, rounded at the edges. OScndm fiibiied - by the Aft. Sec. 9, 9 : No. 3. When the Jufticeslliall ordtr and altow mixed bretd to be made, tlie bakers Hull -onform to the regu« htioos made an^ publilhed by fucb JulUces tending the laiae, under & penalty not to exceed twenty fl iliogs. Sec. 10, II, 12 : No. 4. The mnj sAid Itoi'rNiftd 1>y bakers, in bread for iale, fhall be found and good, and the bread < well made ; no mixture to be ufed but fait, pure water, eggs, milk, yeaft, and barm, or fuch leaven as the Juftices (hall allow : ^ the mafturs who fhail »& contrary thereto^ (hall forfeit a penalty not to exceed 3I. ar lefs than 2I. and the fcrvant,or journeyman, ■ot Mi than twenty (hillings, or more than forty ; or otherwile,to be imprifoned, not exceding fourteen days, and their names ' yui'lifhed ; ind tor all bread fold, or ezpefed to Talc iaort of weight, the baker Ihall forfeit not more than 5s. for every ounce wiiiiing, or lefs than one (hilling ; but if Ic6 than an ounce be wannng,'',then to forfeit' not more than zs. 6d. or lefs'lhan' lit ' pence : profemtion to'be within Iweiity four hours ; bakers totnar.V each loaf^with die initialt of their names, under . pvr.alty not exceeding twenty Ifaillingsi or lefs than live. Sec. 13, 14: No. -5. Cleitsof the Mafketv'Mleaftioned'ay inivery weeV^ffi'iiC.jntlaWe, a horifedbya Juflice's war. rant, (hall vilit the bakers' (hops, and try the bread, and may feize all bread made for fale contrary to this Ad \ which, when condemned, (hall be di(hibuted to the poor, «nd j^ifdiis' obftmAing them (hidi forfeit liot lefs than twenty (lullings. or more thin forty ; and if the baker (hall prOve the defedkio have bem ettufert b; his iervant, or journeyman, he Ihall tit obliged to le- imburfe his mader, or otherwife fent to hard labour, ilot exceeding a >noaih. Sec. 15, 16 : No. 6. Grand'' Jury ind St^lGons to'appoint, when rttjuiitte, in erery Townfhip.tv^olnfpeftors of flour and meal, who (halt be fworn, and fliall, at the requeft of either party, inife^aitd mark the £:me ; and if any diljmtc arifu about the quality of bread feized, one «f the lafpeaors flull be called in. Sec. 17, i8, 19, to, ai: No. 7. OlTeilces ag»inft'this Aft may he •tried'fcy ortejuftice. who may hear the canfe ifit fummary way, or dtherwifc proceed againit d inquent : if he make defaolt, penalties to be .^vicd bydidrefs; and for want tha^oi-ofiieoder to..becoa>mi(tsdi iia1t'Qf.allpenaitiesto go to theinfonn^r, and^bcQthcr hulftCMfry .tlu|.A(£t into cW<.(\ : parties conviys ; fuimcr Aift^ rc|iealcd« •Bti tli« duration of this A(k limitMk'tobneyear, ^ ■'•.: ,w; ,■::. ! K- r»":iLat!GW .estltvi »»lJ T9 ,tM .'ii.^ ftV-) »t*.^li i^.\ 12 Btitter* P..456: Stat. 4ad, Geo. 3d, Cap. «, Sec. 1, a, 3 : No. i. TheScffioiM.m.thrCoQ4t;of.Cwui»rUn.. ; jM v TITLE 13., j'J bilj tj o» »-»ai;t' earriages.,-'"" ''"=^'-''" '■" '■ "■ ' .,l(»,^i.i hast') 1!» 1,'b J '.; • Jr. 52. St;it. 33d, Geo. ad, sd. Se& Cap. 11, See. i, 2 : No. i. mi ; p iiiiO .«.: <.i .^ ; Jiiftieei'in their S^on8,!ynrTfi at -Halifax, in March and September, havingTerpe ticc ofthe Kiag'rBciich.m Greav>BriuiQ. ' •; . ' ;: <• i.i-'.rL- ! vi 1 P.. 5&7«.Stat. 3jft» Geo.. 3d^.Cap..9y£ea i^ *• : No*'*.' .'i a- t-j^otr-;* ad -^i ,t(!j&ni:? v.n^irti!* yfo-,..- No catrfe to' he remorei from Inf«ti^'.t«^^3l^^(^oarti sntil the paity (hall give fecarity to perform the jurfgment of thf 8uf retrjf. Court in fuch caufc : the Judge that allow* the writ of Certio- rari, (b»li i»4*»fc *ltc amowt wtitln iJicwity , aod tbeoatncii cf the furc tics, with the date, and ihall (icnhiinunc to fiKh i>dorf«> tuut. A lalifax, in March FhII articles with- I, a higher rate to repair the ftreets. ', with double the nominal value thereof. £ng- Uflt crowDi to pa{s for five and fix pence, half crowns for two aod nine pence, and a (hilling for thirteen pence. irting, any hotfe. :•••' .iti'i'-i • ' ,il 'Ji '"' ''i ■:»'?v V" -. i^- > cr. g regulations, to egulatioBs fubjef( It ') !. >» Jiw'nsji.ni.m J '3!«i*m lut 9>[irM i iff} '■mir, ii:i,a\l TITLE 1 7, "' " ' '' .il/LL !il .L; ,v.!;0 .f!,ci .U-'-i ■ !.-:■,■ ../I f :.:) .;U. .;;.::.«:■ J '- 'j b i .l. P. 268. Stat. a9th. Goo. 3d, Cap. 4, Sc«. 1, 2, 3 : No. 1. Foorhdndred p«aha* of the'TreafiirytOuatieriy, and Mid tb the G«fcrnors, towards (h< fupport of a College at Windfoi": the Govcrnois are— the tit i!fi..> . Goreroor of the Province, Chief juftice, Secretary, Speaker, Attorney, and Solicitor Gf-netaf, who are incorporjtcd by the name of the Go«ernorsof King's College of Nova-6cotia| who art given full power to hdldjviOperty,- and manage and regubte every thing rcfpeAing faiii College. »,.- .w:;v ,v. ♦-t^. 'W>^ Sec. M -;.v; ti ' ) TJT1,E, 17-18. -Sec. 4: No. a, •.,..". 'Z,. '\ Gofernon to make Sranites jfor tHe government of faid College, and to appoiat the Prefident tat ProfelTont (the PreCdent always to be a Clergyman ofthe Church of Englanil) alfo to appoint officers and fervapts, to regulate and £ftab- lilh all falarieti with power to reraoTC for mifl}ehaiiour» tnd.ta appoint ^then. ''><:« ;uj' ; VScc. 5,6 ;-^lfo,3. .: " •;. Five hundred poundt oranted tn purchafe a proper fituation to found the College on ; the' Governors to appoint a temporary Prefideot, tp be employed in the .cducatioa of youth until the building be£aiflicd| aad a Chatter -•btaiccd • !^OJ«]|lit'MaJeAj. ' . • ■ t ' " dnilot *:::^ •'tniJVlji .I'l to ;j.iii..; »fj L.'. 1 j.iit^ ieu'M.t, »'i tit<4iuit ; ■I :i.\ ''ir^.' -••r-.O .■i.;:;i . ■ ■ - t[ 111 ,r! til l ■ ' • TirLEiS. Common. yP. 62. Stat. 34th, Geo. ad, Cap. ra, Sec. 1, a, 3, 4: No. i. Seflions of Lunenburg, every year, in March, (o charge the Grand Jury to fettle regulations for the Common of that Town, which, when agreed to by the Seffions, fliaU be in force for die enfuing year ; SelTions to affix penalties, not exceeding forty (hillings, for breach of fuch regulations. -P. 1^0. Stat.ioth, Geo. 3d, Cap. 4, Sec. 1, 2 : No. 2. Juftices, in their Seffions, to make regalationi for the Com- mons within their jurifdi£lion ; peribns tranfgrefhng fuch regulations tu pay a fine not exceeding .^os. half to the poor, and half to the informer ; to be recovered before two Juitices by diTlrefs, and for want thereof, officad^^r to be imprifoaed, not exceeding -Ten;diyv. ■■ " P. 270. Stat. 29th, Geo. 3d, Cap. 6, Sec. i, 2, 3 : No. 3. Truftces named in the grant of the Common of Dartmoath, to Cill meetings of the perfoos interefted :n that Comraon i Trullees may fue, or be fued, as it rcfpeAs the management and dk keeping of (M Common ; Proprietors, at their meetings, to vote money to pay the expeoce, and alfo ^he charge for managing anyof the affairs of that Common, the fame to be affeiTed, levied, and colleAed, as the public taxes arc at Halifax, and to be paid to the Cki'k, wiio istobe fworn,and is to be appointed at a meeting of ihe 'Proprietors | the . propiiictora a!(b, at their , ' XDe::tings,4o m.. to exceed fifteen (hillings, for the, breach thereof;; orders not to b< repugn >.nt to the general laws of the Province-; penalties to be r.';averod before .two Judices.; Trufleet not to alienate Common ( money to be affefledoo each Commoner in proportion to the number oi cattle he jiaftures, but not to be aflelTed on a proprietor who raises no tife.ot ihe, Stat. 33d, Geo. 3, Cap. 9, Sec. i, 2 ; No 4. Two perfon& to be appointed every Spiing, by the Seffions and Craad TITLE r^-19^ '5^ CMmi Jury «.f Annapolis County, who, with the Commanding Officer of ihe gsrrifon, iri comnv/Bonerf officer, ire lo nA as fu- pcNrifors of Ihe Common Marfli at Annapolis ( and if ther»be-Q0 Commanding olHccr, then a third psrfon is to be appointed, as aforcfaid. SapeiTifors arc to meet from time to time, and to caufc the dylies, drains, and fences, to b« repaired, and to affefs, •n each perfon entitled to Commonage, their proportion of labour. Sec. 3, 4 : Noi r.-~ PeHbns, wheik callei) on, to-|)erfAtm the laboar f<> airsffed 1 if thejr n«f;lcil, are to fbrfl>h, tor- each man's day's work, i*r(hiHing|t I and ten (hilhngs for a team t toh« reoovcrtd before two Juilices ; Supervifort to give notice when the rnarfti is opened each year for pafturage, and when cloied, and Ihall- appoint a Keeper of the Common, and (hail regulate and (iye notice of the number of cattle euch Commoner may pafturc { Keeper to impound cattle that have not a light to Common : and, during his fjrvice,is to be freed from any rate. Sec. 5, 6, 7 : No. 6. . Ntfn-refidfcnt Projjrietors ofthe Cottmioir, (iofficers of the garrlfon excepted) who have not contribu- ted t6 the original enpenev of enclofing the Connnon, ihall pay, each, five pounds, before theylhali hiivC any ufe ofthe Common, 10 be applied to the ^neral' purpofes tlicreof ; Sap«rvifors to keep regular accounts of their pr6o«edings,^ and cxpencc } iSupervi- fors-are named in ft^ A<^ until Mhers appointed. F. 385. Stat. 37th, Geo. 3d, Cap. i. Sec. 1, 3,3, 4: No. 7. Governor to appoint Trutlees for the Common of Dart< mouth, in li;a.efthole named inlkc gr^nt } and in cafe of death, .or removal, to appoint others : former trud vacated, and the Trullees appointed by this A A, arc-given the fame power that the 29th Geo. 3d. 'gave former Trallec». F. 472. Stat, 43d, Gto. 3d, Cap. to, Sec. 1, 2,3, 4 : No. 8. Juftice's, in SelSonis, at Annapolis, authdrifed to make regulationsfor theCommonof Digby, or teleaie tlie (anfie, and to enforce fuch regulations, by fine, not exceeding 40s.; the Grand Jury, at Digby, nsay appoint Surervifors of the Common at Dighy, who (hall be fworn,^nnd (hall take care *f the Com- iDont and enforcethc regulationa ofthe Jufticts refpe^ing t^e faaae. >■ AA-to contiaac five years. "■•^ ', '/ «;..;; »i^ ./ ..J.: J, • .•I.-' lo *»■->!"-« «0 », ju-ti : I .'jud :;vUHl:: TITLE 19. County and Town Rates. P. HO. Stat. 5th, jGco. 3d, Cap. 5, Sec i, 2, 3 : No. i. . .^ „ . .rt -r \ Non-refident Tropriefors, (except m the Townttjin of i ' • xj fhall pay their proportion of Town and County charges, and (h'alipay for, or perform, their propoition of labour on h;,;: ys, &c.' and if not paid after notice in the Halifax Gazette, and if no goods or chattels (hall be found to levy the f.m-.'- o; , one Jufticemiy let fo much of the abfentec's lands as will be fufficieht to pay the fame. Ptrfons grieved, to appeal to SeUior.s. Po i6 P. :P. 5P. jP. P. -P. P. p. ^^ .TITLE 19. HI. Stat..5tli,G£0. 3d, Cap.iC, Stc« i : No. 2. /<.•.;« -'# ,.,/,,. a » m .; , . Cian4 Jury to ehooU, with tht.app^obauoa of (b« SeiTioiu* »^ County Treafurer, who is .to be fwocn. Sec. 2, 3, 4 : No. 3. GranJ Jury, of their own-l(iio\vledge,'or on the reprefentation of three freeholders, tft prefent money 'foabMildtOg or repairing Jttii» Couit-HdufCi 8uipofe for which ritiied ; and the perfons appoiated> in the prefeD,tiiica(,- DireOors of the work) (ball account to the Seflions, or Judges of A {Tizci and pay over the balance i or, otherwiTe, to be committed in execution ; prefeBUnenti to be polled up in tbe Court Hoiife when maJf, and none to be confirmed until thelait day of the Court. •ficc. . 5> 6, 7 : No. 4. :':' • ■^■1- .Crandr Jury to prefent a itim not exceeding lol. fur tlicTreafurer, and, with the approbatio'i of the "'Court,' to appoint AfTelliars, who fliall be fworn { perfuns refuling ta ferve forfeit 40s. to the u(e sf.thf County^ tb^ Court to ii^ttle lb« {>rOportion to. be paid by each Town, which iImII be afMi»i on the inhnbitanis ) apdt OA refu^, ihaU be levicd^y war* rant of diftrefs from two Juflices : perfons agrievcd by the aifeirment, or mode of levytjig it*, may app^l to neitt Seffiotuf. The Treafurer to receive the money when levied, andpay it to th^ perlbns diri^W in the prefentneot. Tr««furer (hall make and return his accounts* at etery Court, wah proper vouchers ; and, upon oe^lcdl, to-be committed to Jail till kt do account, and to be forever incapable to ferve as a Treafurer. , , •« . » o a i^ 1 t~> 1 ^ y- r, «.-»'•' I nil* ids m . ■:■> )i-,ct !■» I , ■.. 150. Stat. 8th, 9U1, Geo. .34, Ca|)u 6, Sec. i : WP^ 5- . _ ..',1. . ., IfGrand Juries oegleA to prir,fent. money, for fhepurpofes mentioned ia ^^ . . .^a A^ fth, Geo. 3d, Cap, 6. Judges of' AHize, or Judices in Seflions, on proof, may amerce the County fct the mooeyne. ..'! Cf'^^ry*-*'''! ■>*yiipp<""tAi&irors, who aflefsihcfum equally, and the moitey'bi; paid to County Treafurer. ^W..'2..3» 4- No. 6. AflTeirora (hall, in future, appoint Colledtort, who (haH be allowed ts. in the pound for all money paid to County Treafurer ; Afleirors or Collectors refuling to ferve forfeit 5I. to be recovered before two Julticcs, and levied by di((refs, for the ufe of the County. County Treafurer to pay into Province IVeafery tbo expence which attended bringing certai^x prifoners from Windfor to Halifax. 154. Stat. 9th and icth Geo. 3d, Cap. i, Sec. i, 2 : No. 7. Grand Jury, on reprefentation of three or more re- fpe£table freeholders, to prefent money t» build or repair bridges s which money Ihall be raifed' and applied, asdire<.1cd by the ieveral Afls, of which this is an amendment. Sec. 3 : No. 8. On negleand if notliing can be fou«.] uhcion to dillrain, report is to be m»de thercoJ ittUc SpriijgSfcllioiis, anti lands may be let to pay the Ctnio.with thetxpence. Ifrtoperlbn will hire, reprefencaiion is to be mad? . - .he Supreme Court, and, after teafonable moans ufed to notify the party, the COUKi'lli^l order fo much of the lands, as wi' bj fufficient, to bv fold, and the. Clerkof the Peace is to exccut' ilv defd : if tlierp b.^ any-lurplus, after paying the rates, wiih the charges, the (iirnc is to be paid to the ptoprie'.c;-^ or, «^crwife, p«ui into «i»eCou» y i'tcaluiy j »« Seffiom, »^ County TITLE 19-ao. 17 and if not claimed for three yean to be «t tlit difpofal of the Juftieei. Officers neileft'ing to report delinquenti to Scflionii t* forfeit forty (hillings ; and the Clerk of the Peace tofoifiitkJilttfiMiiifhe neglc£) hit duty. 'F. 383. Stat. 76th, Geo. 3d Cap. 16, Sec. i, : No. 15. Grand Jufieeoay raife by prcfaitmem m«ni(« tepty Jailon, and to provide ftici and oeceflariee for |)oor prifonen. i.P. ,434. Stat. 40th, Geo. 3d. Cap. 19, Sec. i* s> 3 : No. 16. ReTtrcft and continnetfor a year, the AA of jflth Geo. jd. which ' fTovidcaibr the payment of Jaibn»ftn. aid the protrifiDDa of that Aft it cxteulcd to tlttfcft of the Province. rpofes mentioned in ty ht the money ne- ! pound fbr all monry [ufticcs, and levied by «ded bringing certam I of three or more «•• d, as dir« TITLE ao. Courts of Juftiee. P. 39. Stat. 32d, Geo. 2d. Citp. 27, Sec. i, « : No. i. Ail paft proceedings of Coarts of Juftrce confirmed-; and the General Seifions of the Peace, for the County of Htliftx, are to be huld;qu.irt»rly, as ufuil, on the Firit TuefJay* of December, March June and September. The 8eAioii of this Ad which appointed the fitting of' \e Quarter SelHdns at Halifax, contained alfu the times forthe fitting of frveral other Courts which have been fince changt-dv no part uf this Se'Uon was therefore publilhed, u|j' n the fuppoiition that the ^tit of the 32'J, Geo. 3d, Cap. 27, provided fur the Seifiuns, as well as Inferior Court, which fak« one that fixe* 4he time at prdeot^ -C t$l TITLE 2 1. Criminal Offenders.. P*- i8. Stat.^ad. Geo. ad. Cap. so, Ssc. i : No, i. P«rront cont'ijled of DIarphemy ttCcMlo{A(Rit, or Seflioitsr of the Peace, to befet twice in the pillory, an hour each time 4 or to be iiniKifoneJ three months. Sec. 2 ; No. 2. A pci-fon coRvl^e be leviid by \l irrint ofdilb'jfs, and, for want of fuch dilfrcfs, if tlie oH'jndcr be :ib,)vc the ane of Cttejn. he Ihill befet in .he tbcks one hour for one offence ; or two hours for any number of offences of which he m ly be conviiled nt one time ; and, if under the agj of fixteen, and (hall not pay the forfeiture* he flwll be whipped by the Condable, oi ths Parent, Guardian or Mailer, of the offender, in prefence of the Conftable. Prolccu* tion to be within ten days after olleace. Sec. 3, 4i 5: No-3' A perfon conviiHcd of DrMnkennefs by a Jurt'ce, on his own view, or the confelTiun of the party, or the oath of one credible witnefs, ihall p;iy, to the poor, fiv« Ihillings : to be levied by dillrefs ; and, for want thereof, to be fet in the ftocks, not exceeding three hours. If convi(f>ed again, to pay the (iime penalty, and Hud two Sureties, in ten pounds, for future good behaviour ; and, for want thereof, to be fent to Goal until he find the f ime. Profecution to be in ten days. Jbftice to regi- ller all conviaioBS, under the two Ip.tl fciaions,and to certify the litme to the Seflions ; to be recorded by the Clerk of the Peace* andtobcfecn without fee. Juliiee,iffued, to plead general iilue ; and, if judgment in his favour, to luve treble coft. Sec, 6, 7 : No. 4. A perfon convicfted of counterfeiting, Jintinilhing or altering, any foreign Coin, current in the Province, or of knowingly uttering the fame, Ihall be fet one hour in the pillory, one of his ears (hill be nailed thereto, and Ihall alfo be publicly whipped through the town. Perlbns buying orreccivinc tlis clippings or Aliogs, lh.iil torfva aol. half to the King> and half to the Informer, and be iniprifoned :hr«e mvnths. Sec. 8 : No. 5. A perfon forging any Writing, Deed or Inflrunient, or publilhing the fainclinowiajj thereof, with tncetMion to defraud any perfon, on conviiftion at Alfue or Selfions, to be fet in the Piilory, one of his ears cut oft,and to be imprifoncd one year ; and pany injured to recover double cod and damage. Ni>t to iffcQ. the Judge of Probate for authenticating a forged will, not knowing tlwrtof j or any oihcr perfon, who Ihall Ihow, orgivo in evidence, a forged wriiing, without knowing of the for- gery. Sec. 9, 10, II, 12, 13 ; No. f>. Perjury cfa wltnefi, in a Court of Record, to be puniilieJ, on conviiftion, by fine of 2c!. one half to the King, and the otHer to the party injured, and to be imprifoned li< months ; and for want of goods to pay fuch fine, offender to b; fet an hour in the pillory, to have one of his ears nailed thereto, and to be forever difabted from being a witnefs, unlefi ffich judgment be rcvsrlcd, in which cafi.-, the party grieved thereby, mav recover damages againtt the perfon who procured fuch judjjmsnt to be ^^'vcn sgiind him. Perfon procuricij others to commit perjury, to be punilhcd in like man- ner. Judges of the Courts wlicrein s.Tjury (It ill be committed, j.iftic-s of Altie, and Juilices in their SelTions, to take rognizasce of this offence ; thofe Ju Jges that had power to puni.h perjury before this Aft, to remain as they weie. Sec. 14 : No. /i -~- . . Perfoni convi,!>cd at Count of AHiZe, or Jjefore Juflices in SelTions, of obtaining any fpeciea of property by filfc tokens, or deceitful letters, to be punilhcd with the pillory, public whipping, imprifonment, or hard labour in the Hyufe of Coirection, at the difcretion of the Court. Sec. 15 : No. 8. Thi purilhm'jrt of liars, defamers. libellers, and makers of falfe news, provided by this Sc<3ion, is, by the Stat, loi'i, Geo. 3d. Cap. 6, altered, and cognizance thereof given to the Courti of Record, and ^usiiltmeut to be as ulual in Cafes of like JtinJi • Pj 147. Stat. 8th, 9th, Ceo. 3d» Cap. ZySec, 1, 2 : No. o« Criminal oflfcnders «o pay tl;e e>:penca of fecuring and conveying thena to jail, snd, on rcFufal, the flime co be levied by warrant of the JufUce making the commitmeiu ; if the piiloner is unable, Ccunty Treafurcr to pay the fame, on the Judice's order* Sec. 3, 4 : No. lo. The Court m^yordcrCountyTteafurer to pay the reafonablcexpence of poor witoe(reVincafei»of Felony, snd when there fli.iU be no money in the. Treafurcr's hands to pay the fame, payment Ihall be made out of the Province Trc.lury. Sec. 5 : No. 1 1. Perfons fued for any thing done under this Ai.'t, may give all fpecial matter in evidence, and, if PJainti/F be ronfuit, or there be a verdiift for defendant, he (hall recover treble damages, befie imprifoned one ting a forged wilj, lowing of the for- ■n, by fine of 2c!. goods to pay fuch ilcil from being a ;ai»tt the perfon ilhcd in like man- SelTions, to take bey weie. es of property by (1 labour in the eilion , is, by the to be as ulual ij; and conveylnj; riloner is unable, cafes»of Felony, jf the Province itl, if Plaioti/f be rts of Record e contrary. r. 130. •p. 190. Stat. 14th, 15th, Geo. 3d. Cap. 10, Sec. i : No. 13. ' For perjury, both ears to be cut off", rnrf ttt'M to the jiDlo- ' ry. Couoterfeitiag, impairiiig, diffiinifliing oi imbafirg, current coiiii one ear to be cut eff|Uid nailed to the piliorjr. TITLE 2 2. Crown Lands. P- 125. Stat. 7th. Geo. 3d. Cap. i,Sec. i : No. i. , Porfons conviAed in a Court of Record of taking poirefllon of any of tht King's lands without leave, iti writing, froiti the Gorernor, to forfeit ;ol. Tl i LK 23. Debtors Abfconding. ■P. 70. Stat, xft, Geo. 3d. Cap. 8, Sec. i : No. 1. The goods, or eftate, of an atfent, or aC^Tconi^irg, debtor, mav be at- vached in whofoever hands found, and taking a part (hall fecure the whole, and iubjed the fame to be taken m ex<.(.iit))erty by execution, irul i/Tue. tioniiruo, mtjagiyc . TrULE 25.26. Debts due to the King. 91 ' . f: $.e^.8Mi' fStft, Oto.^, Ctp. 5,'8«c. 1 :'No. 1. C6llcA«rf of iM Revenue, when bound ia gtee credit for any part ihtreof, (hall like • recognizance in the name of the King, with »wwraiM of Mtorncy to confcfi judgment thereon i which re« , cognisance thw ColliAorii on receipt of the luoney, nwy difcharge. 8«cr i, 3, 4 5 No. a. Tf /let paid' when duc^ CoRcAon lorciarn the fame to the Trcafurer, who n>.dl put the f^me in fuit in ,the (Sopremc Coertsi Hlilifax ; and if the Courtis not •itting, judKment may be entered in iracttwn M of the preceding teim \ iJ :. ,«pKi«|i«(iHi«aj(r«|C4i } Sb(iiff,«a Kicking twcution 4i»ll fcwii^ihe (amc within Hxty dayi. ■< ,- '.,„»... i ^•'ji nan's fliop-book to n an obligation for ntiTradefmanand :tuar« 'I Ml TITLE 26. Diftempcrs, to prevent the fprcading thereof* P. 68. Stat, ift, Geo. 3d, Cap. 6, Sec, 1, 2, 3 : No. 1. VefTet entering tlie port of Halifax with an infeiHcJ prrfon on hoard, to- anchor at lead two miles, from town, having an enfign, with the union down, n* her niafl-head. No pcifon to land, »nd Mj'! er, to give notice to the Governor, and" toiifeim to his orders \ before infe^ed perfon be landed, Madcr to )>iTe fecurity to pay charges attending him. Miiltrs of vciTelt not conforming to this A6, to futfeit luol. to be recovered in a Court of Record. Sec. 4 : No. 2. In other Towns, one or moreof the neared JufUces, to prevent perfont landing from, or going on board, in feAcdTcflcit { and to trinfmit intelligenne to the Governor, for orders thereon. P. 197. Stat. 15th and 16th, Geo. 3d. Cap. 2, Sec. i, 2, 3 . No> 3. ifetfons coming from infefled places, fhall be takeit care of by an order of two Judicct ; and the Overfeers of the Poor, on due proof being made, th^t the health of the other inha- bitants will be in danger from their mixing with tkcm ; if perfons thcmfelves, their parents, or mailers, are unable to pay th« charge, the fame to be paid by the Town to which they belong ; but, if Orangers, the fame to be paid out of the Trcafury. Hcu- fes in which perfons are inoculated, fliall be, at lead, 160 rudJ from any dwelling. Public notice thereof to be given in the Townlhip i a flag '.a he hung out of the houfe, and peifons infeiiled not to go further than eighty tods from the houfe. This A(\ not to extend to Hahfax. p.' 399. Stat. 39th, Geo. 3d. Cap. 3, Sec. 1,2: No. 4. Governor, by proclaniition, to order veflcls coming from infcifled' places, to perform quarantine. Noperfort, or goods, to be put on boards or brought on Ihtre, from fuch vetiels, unlcfs by li. ctnce. Quarantine to be performed According to the direiiions of the Governor, to be notified by pioelamation. Health Of- ficers to be appointed throughout the Province, to fee thoquarantine performed, and to vifit veflcls coming frominfeflcd p!.ice«, and examine the fame ; and if any danger is to be apprehcridevl, he Ihall take perfons to his alTillance, and ih,ill ufe font, if necelfary, to compel fuc!i vefTel to go to the place appointed to perform quarantine ; m.a(ler or perfon hnvinn charge of fuih . ^'1^ .L..-^ ',T(fl*lr to-Jjc .ipniirironed twelve months, if he coocealaay circuno^anc&s refpeAii-ji the ftate of the vtiTcl. .- , Sec. 3 :" No. 5- If she mafter of a vcffel, coming from an infccled place, fhallgo on (hort hi'Vifirlf. or fuffcr any pfrPLfl To to do, until report be made to the Haaltb Oilicer, or (hall rcfufe to convey his vclTel to the place appointed for quarantine, he (hall forfeit tool. Perfons coming on (hore from fuch vclTel may, by force, be compelled to return on bo'(>iniirj', qitariUMtif, Ihtlll tn- iinilcr the oidcri of the iilhcui ii|<|iointeil to ice the r»nic pcrlottred, v,\t» hxvf povfrr to fMf.ircr fucii orcltr^ i iinil \>i tinns nut halite toprrrot*) (|MrtnMne||«lii> (hall cniar a lasfrcii JliaU bcobiigc4 10 (irrfurm (|u;inntinc i 4ii<1, ifhr dope, Ihnfirirt'f r ilie punithniciu Ull niciuioned. btficcii mifbcbaving, cnibeizlinf, or (iama< fiing property, to lofeihtir flCicr.aiu) |ay fcfir« »f |ol. , .... ,, .. „,..,.„,,, >rf„ In ,» ^.,,A See. 10, II, 12, 13: Nil. 7. ■■! ^" 'I n ; ,j',.'. .,( 3.. . , Two Ja'licci rrriy oriler infefloH licds, wearing appnrel, or hou(h(i|>^f|«of»t olitcrr. OMcn tg gr^^^ertrfioaie when quarantine ii perlormed t ami to li« ailjiM.inl |^i)tkt ot'fclonyi xviilmut hfnefii of clcfjiy. if he kmoi a falfe. certificate. Perfuni cyncealinu I'lum Heulth-OHicrr, or . claniJillinLly ciinvevin^ iVuno a vtHil, h^blr.to |Kr|urm qiuranWnViUiiers ur uouJii Ihali be adjudged gumy of felorfy, withuul b«> iicfit of cli'KV. (iiivcrnui's orderi, itTpiJIing quarantine, to bej)iibliihcd uy prbclamatior, and rca4'»e fir(t Sunday in cvcrf month in places of public worlliip. Sec. 14, 15, 16 : Nu. 8. Nf.iftrr of a fclTel coming from an inferted place, or ItaTtng any infefted perfon onboard, fliall not land, or go on hoard any other vcflcl, or permit uthirs to 10 do, or luiVir uny thing to be taken from luch vefTtl. or anyone to come en boaiJ, until vifiii'ii by the Healih-Ofiicer ; and Ihiill truly infurni the Health-Officcr of all circumftancei, and truly anfwer all (juellions ; .ind (hall go. when ordered, to the place for perforniln^ quarantine ; and fliall not fuffer any perfon, or thing, to elcapc troni fucii vcflll, when ordered tu perform quarantine, unlrfs with iiermilTion. under a penalty not exceeding 200I. Health Oifictrs to be appninted by the Oovernor. durin)> pleafure. and to tx iworo, and paid out of the 2'rcalury } pcrlbot fuvd Mf ^lead the general iTuic, and gire the fpecial matter in evidence. P. V. TITLE 27. Diflilling Houfe. ;P. 7, Stat. 3 2d. Geo. ad, Cap. 4, Sec. 1 : No. 1. No Diftilling-Honfe to be freftci* within ene tfiuM of a mlk of U»e pickets of the Towa of Halifax, under penalty of iool.^ind to be reraovedaaa|iublic ii«uiaace> ■ n par » fine of fifty itiit pcrlofnied, yt,U» iUU be oUigcJ to ibczzlin|, ordaini< 1 iirnt I Of, o«»itnvife, (urmed ; ami to Ix I Heiilth-Orticer, or r fe\ot(y, witliuui be- irlt fluiiday in cvcrf on bond, ftiill net or iinyone to come !i«and truly anfwer pcrfon, or thir{i, to ding 2001. Health ] pcrlboi fuvd aMf rofamlltordk IS TITLE 28-19. I. _____ ^ Dykei. P< Its. Stat. 6th, «nd 7t1t, Geo. y\, Cap. 1. Sec. t : No, 1. PeriiMit maliclouily breaking t Dyk«t k(. whercbjrinj' Ltodi lh*tl be dunagcdi on conriAion, fttall fuffcr death. Sec. 3 : No. 2. Pcrroniciiliinj{, or cuiying away, any mitcrinliihat fecure a Dyke, on eonvi^inn bcfofe two JuHicet, Oiall forrcil lot. hiir to the puui^ and half to the informer i to be levied by didrefi, and for want thercul', to be comniitKd lu lurd Ukofu kt fix mantbs. 259 IITLE 29. Fees. Stat. aSth, Geo. 31?. Cap. 15, Sec. i, 2, 3 : No: i. Fees appointed to be taken by fcvera! olTiccri for ihcir fervicesi thai U tAfay : — The Judge of Probates and hi< Regiftrar ; Jufticej of Common Pleai ; Jullices of the I'eite ; CUtU. of iht Su- preme Court I Cierks of the I'cace ; and Attornies ; and in all caufei where the plantifThii judgment, he (hall recover lili taxed cull ; and where plantiffdifcoiitinurs withbOt leave of the Court or ofihe defendant, orif he does not proleeute -a final jiidjjmcnt, or where the defendant has juilgmcnt, defendant (hall xvn ver his taxed colK No fien allowed to any but fwcrn Attoinlis. Nd Attornies fees to be taxed but where one it. reaUy emi jci ; and no fcrvices to be taxed him bat for thofe ailuaily p^tfutmcd. Sec. 4 : No. 2. Regulates Sheriffs* fees ; Jurors fees ; WitncfTca fees ; Cryer's feea t Coolfables fees ; Clerk of the Af. fcmbly, his fees ;.and Coroners faes ; the Speaker to tax the feea of the Clerk of Aflenibly j no bill that relates to a County, or Town, or its prcainfli, to be deemed a private bill ; the Coroner, where the deceafed has no effects, to be paid his fees by the County ; and, if the Jnrticcs in SelHons eeriify, th.it he buried the body, he (hall be paid jos. out of the ProTincc Treafury. The Clerk of the Court to ..•.'C.imiiie all bills ofcotis, and one of the Judges Hull certify the fame.- Sec. 5 : No. 3. An Attorney, if required, within Gx months after he receives payment, fliall furnifh the party a bill of par- ticulars ; and, before he ifluts execution, he (hull file, with the Cleikfa copy of his uxed bill, and (hall file the judgment roll, • and indorfe on the execuiioo the debt aflually due. Sec. 6, 7 : No. 4. Any pe' .( ,1 taking, for f.nyfctvice mentioned in this Aft, a greater kc than is eftabii'Tref?, Hull forfeit lol. and double the aniouai of the fees fo uken ; to be recovered in a Court of Record. Proltcutions to be within fix months. P< 457- Stat. 42d, Geo. 3a. Cap. 4, Sec. 1,2: No. 5. A Table of Fees, appointed for the Court of Chancery i any other iervicft not pro»iJ«J for io the tabic ; to b: taxed after the rate thtrein llated. .«.vi;i .u b;(iiw' 14 ■e= "' ■'^ ,tttLE .?'!•' Ferries. ?. 237. .Stati a3d, Geo. 5d; Gbtp. TOrScCr !; 2, 3 :No. I. Th»G«*eMl«r Sp^aalStffiMnt U M^ eewitf, <• ellaUifli Fem'n, and gitnt Licences to Ferrymen, and makevroper Rules and Regulations for tht fame ; And perfons uBte.tMi(0 JuftiG«t. }}ot to }ii. .. t perlbasrupplyingthepWeof 9 Ferryman wlio,ihaUn'.' to all Fires, and w*rk it uiidtr the direiflion of the Firewards. One of the En^iumen to iiave the power of a Fircward. l<.c^a:r oftiic Lngioc tu be provided for at '.he iscilious by th: Grand Jury. Stat. ertaking,to aft as Fer- ^ortySMtlittgs. Perfou edbeforety^o Jufticet. c, annually, to appoint to be fwora, and to ufe rderi refpefling the ex- n all refpefts vij^orouf^ o Juftices, to \'ay 405. inJ if the Ijoufc pulled the inlubitams frunt er valaation of thc-pro» lufcs not burnt, accord* ation to be made to the , within two dayi after ders, (ire-hooks, axes, rm of firr, are 10 afl'em- m in hit poflelGon 24 by an affciTnient on the e charjje of the Town Tluy null brirj; the : power of afjreward. • TITLE 31. ^5 p. 257. Stat. 48th, Geo. 3d. Cap. 8, Sec. 1, 2, 1 : No. 7, • No perfon to follow the bufinefs of fweepii.,'' Ohimnics unUfs lictnfed liy the ' 'TireMTardt, oh pain of being punifhed at a vagabond. Firewarda to make order refpeffing iweeping of Chimnic;, whirh arc tn ' be fwept'at Itaftonce in the month, or oftener if ttiQy think it neceflitry. If a Fire happen in houl'e or chimney, the ocrupantto forfeit fbrty Shillings. If the chimney has not been fwept, purfuant to Aich ordere, and* Fireward neglecting toprofrcute fur penalty: fltall forftit Five Pounds. Firewards to order Chiin liet, Stoves or Smoke Funnels, to be altered, repaired or lemovt'd, within Twenty-four hours, if dangerous ; and if the occupant negle A or rcfufe, a JuOice and three Freeholders (hall be called to view the fame, and if they think the fame dangerous, and the party refufc, tc repair, alter or rsmove, the fame, the JuKice ihall firoflrate the fame, and levy the expence by diftrtfs on the party. Sec. 4 : No. 8. Inhabitants ofHalifax (hall bt' rated for the purchafe, and keeping ip ore..*, one or more Fire Engines , t!ie (ame to be>under the direfllon of the Firewards, and to be kept in fuch places as they (hail appoint. Sec. 5 . No. 9. No perfon to keep more than Twenty-five poands of Gun-powder in one houfe or (Itop. Firewards to feize am! ftll any greater quantity. Firewards to order Hay, Shavi'^s, or combuiiible materials, to be ret mv<;d, if they apprehend any danger from the fame ) and if not done in twenty-^'/ur hours, they may feize the fame. ~P. 377. St?t. 30th, Geo. 3d. Cap. i, Sec. i, : 3 : No. 10. The fine to be paid by psrTons neglcfting to fweep their chim- nies, reduced to los. The number of Firewards for Halifax increased, and limited ; not to exceed iifteca t aud all the AQs refpefiiog Fire, and Firewards, extended to SH*lburne. P. 286. Stat. 31ft, Geo. 3d. Cap. 8, Sec. 1 : No. it. Juftices, in SelTions, to add nine more men to the Engine Company, at Halifax i who, together with the others, whilethey faithfully difcharge their duty, (liall b« ex^npt ftom highway work, and ferving as Jurors, or Conliables. "P. 3 ill. Stat. 33d, Geo. 3d. Cap. 7, Sec. i ; No. 12. All the feveral A&» refpefting Firewards, Fires, anSf puni(hing t'hcftsat the fame, are extended to Windfor, Annapolis, and Luncoburgh ( the Selfions, at each place, to fix the limi i, within whidi . . inhabitants (hall make good LlTes. W' 435' ^^^^- 4i^> ^^°' 3^' Cap. I, Sec. i : No. 13. The feveral SuMtet re%eAing Fires, tx.d Firewards, extendti M •A* Town of LiveiggeAl. D Statw 26 TITLE 32.33< Fireworks. . E 79. Stat.^d, Geo. 3(). Cap. 4, Sect, a: Np. 1. i ' ' '• No pcrfon to make, fell, or expore to fJe, uij kind of Flreworict, or «ny implements for making, the fame ; or.to throw any kind of Firework into the ftreet, highway, water, ffiu,,, cr houfe } every fuch ofFcDce fliali l>e iudyd a common nuiiimce ; and every perfon fo offending, pr permitting fuch offence, on conviAion, befort one Jufiice, (hall forfeit 40$. one half to tke.iniormer, and the other half to the ppor ; to be levied by diftrcfs ( andf for want thereof, to be conimit|;ed to Houfe of C<9rte£lion,^r Jail, for a time not exceeding fourteen dayj. Sec. 3 ; No. 2. Not to prevent the Goveroor, or Comm«Bding-OiEcer of the Troops, or perfuoi employed utidertHem, from making Fireworks. Sec. 4 : No. 3. No Bdnfires tobe made withipthreeliuadredyardjof any bttiUing, hay or com, undar a penalty of 40s. to be recovered as.afor<;f»iJ. TITLE 33. ' '* FiOi and Lumber. p. 81. .Stat,. ad, Geo. 3d. Cap. 8.^ Sec i v No. i. Pickled Fifh to be of one kind in each baiwel, fweet, free from ruS, clofe'packed^ the barrels to be tight, of ihirty-onc and a half gallons, and full of fweet and ftrong pickle. Herrings to be free from oil. Mer- chantable Codiilh to be the fame as at Newfoundland. HoglhraKl Staves to be forcji inches long, fix broad, and three quarters of an inch thick on the thin edge. Carrel Sta.ves thirty inches Jong, four wiJc, half sn inch on the thin edge, and for the Iridi niar- .* ket, four inches broad, clear of fap, ind three quarters of an inch thick on the thin eilge. Hogfhead Hoops to be fubdaniial arid well Ihaved, 15 feet long, and three quarters of an inch brot this Aft, and put his brand niaik thereon, under penalty ot forty (hillings. Any perfon ofiering for file deficient batrth, oW being convi(5led btfore a Judice,. to forfeit the barrels, and ten (hillings for each, or fuffer Mn days imprifonnicnt, for each dc- feilive barrel, provided the whole in^prifo^tment do not exceed three munihs. Guagers to be appointed, who Ihall gun^e, and mark, all barrels, that are fufTicient, and receive eight pence per ton. Sec. 4, 5 : No. 3. Grand Jury, at the firft feflions yeiny, to appoint Cu»gers of Cailcsand Barrels ; Cullers and Surveyors of dry and pickled Fith, Lumber of all forts, and Cord Wood, who lluil be fworn by the Court, and, on re fuf.il to ferve, (hall pty forty niillin^is, and another be appointed in his (lead. All vacanci>.-s in thefe oflices to be filled up, in like manner, at each fucceeding felTiotis. Guager to fuifeit ten (hillings for every deffflive aSk be ihall mark. Sec. 6, 7 : No. 4. Fickled Fifh oHlred for frtle, or (hi]>p«d, without Surveyor's brand or marl", to tic forfeited, or the value there- of by fcIlcr or (hipper. Surveyor to receive two pence ptr barrel, and four perwre per mile traveU and to open and carefully in- l|.!.ft every barrel of Fiih, and fluii brand, with the n.irk .ippointed by tl'.C/Court, fuch as arc in all refpc(tis agreeably to this A£t i and (hill, alfo, by a cut mark, dcnoie the I:ind otl"i(h, and when packed. And if any p"rfon belonging to a fuip or ve(rel dial! receive on board any pickled Filh, not irrked and branded as at'orefaid, he (hall forfeit double the value of the P'(h, and the awiitr fhali forfeit ths Fiih, or the v.ilue thtrcu". And if any perfon (hall ihift Fifli after furrey, without having the fime furveyed stn^in, on convi^Tion belore a Juftirc, lliali, for the fir'l olFcnce, futfei fix months iniprifonmcnt ; nice months for tht (tcond ; anii ttv(.!v<- n'.3nthsfor lUi: ihiid ; and bciiJes pay all damage. Fcrfons counterfeiting mark to furfcU ten puvods, and be iniprifuncd oie n:rnih. Sec. S : No. 5. Dry Fiih pit to fil-', or fnipp"! for etpirtati')n, wiiho'it Cullci's certiCcitc, to be forfeited, or the value . quantity, Ihall be forfeited : IhingUs, clapboards, Oaves, und hoops, fcurd ' deficient in quality, to be burned. Surveyor to receive, from feller, four pence per thocfand for furveying boards, plank, and timber ;and£x pence per ihoufand forineafuring, and marking, with lour pence per mile travel ; for ftiingles, two pence perthoufand; for clapboards, two pence per thoufand for furteyirg, and enepenny for telling'; if he unbinds, culls, and binds up again, fixpence per thoufand ; /orftaves, fis. pence per thotifand ; for Loops, three pence perthoufand furfurvcying, and three pence for telling. ■ Sec. 14 : No. 7. ' Cordwood forfeited, or the value thereof, if fold, and delivered, without fwrvcy and examination. Sur* ?eyor allowed two pence per cord. . Sec. 15, 16, 17, 18: No. 8. All officers to be fworn, agreeably to the form in A,S>, and may retain, of the commodity, fufficient to par his feci, if under 20s. but if above that fum, to be recovered before a JuKice, and levied by diflrefs ;and allpe- Baltics and foinitures under that AA, to go, one half ;o His Majedy, and the other to the informer. If the forfeiture or penalty (hall not cxcted twenty (hillings, to be rtcovered before one Juliice ; if not exceeding three pocnds, then before two Jullices ; the fame to be levied by didrcls. If fuH.cient cannot be found to pay the kiTer funv, offender to fu(fer twenty days imprifonment ; and (ixty days imprifonment on the large fum. Forfeitures or. penalties exceeding three pounds, to be recovered in a CouC i ■ of Record. This Aft to be read yearly at the "iirtl Seflions held in every county. p. 123. Stat. 6th, and 7th, Geo. 3d. Cap. 2. Sec. i : No. 9. All Barrels of Pickled Filb to be branded with the Packir's name, the imttals of his Chriflian name, and Sir-name and at length, before (hipping, or expofure for (ale. OfTendv, on conviflioa before one Juliice, to forfeit ten (hillings for every calk ; to be levied by diltrels, half to the poor, and half to the informer. p. 273. Stat. 29th, Geo.- 3d. Cap. 11, -Sec. 1, 2 : No. 10. Unmerchantable Pickled Fi(h to be viewed by three (kilful pcrfons f « he appointed by the Svrvryor, and if, in their opinion, the fume is unfound, the Surveyor (hall deftroy the fame. If the Surveyor fulfer any perfoc to carry away condemned Fidi, be (hall forfeit, to the poo \ twenty '(hillings per barrel ; to be recovered before » * 8 Juftice. Sec. 3 : No. 11. Ko veffel to be cleared ot)t lor Europe with Dry -or with Pickled Filh to any foreign market until the mafter of the velTel, Ih^l produce, to the Colleftor and Naval Officer, a Ceniikate from the proper oni(fer°iiiat fuch Fifh is mer- chantable. Sec. 4, 5 : No. 12. Salmon tierces to contain. 42 gallon^ and two hundred and eighty peands of iifli, cxcluGre of fait and ,' pickle; pickled filh barrels to contain thirty galloos. Sec 6 : No. 1.3. Surveyors of Fifk and Lun>berforfeit,to-the poor, the fat! Value of the unmerchantable Fifli and Lunibtr w-hich they (hall p;:fs as merchantable, or with which tlicy (hall rc.'lfe to do as the law direAs. :P. 392. Stat. 38th, Geo. 3d. Cap. 2, Sec. i, 2, 3, 4 : No. 14. Red Herrings tol)* fweet, we'l faved, and packed in keg«, V •tor boxes, nearly of a fi7C. Infpeflcrs to be i^P^nted (he fame a.i other Town Officers, at the SelTtons, in the Counties where the fmoaking herrings is carried un. Htriings lliipped far exportation, before they are infpcfled nnd marked, are forfeited to .1 the -f 001, and the matter of the veiFcl ft...ll forrcit the value, provided it do nut exceed 50I. I''-ii;:lty to he recovered, if ex- ceeding three pt'Utids, in a Couit of Record ; otherwife bctore a Juliice ; halflothe King, and half tc the informer. Sec. 5, 6, 7, 8, 9, 10, II : No. 15. • ' Infpei.'tor to brand each package with the (irft letters of his name, ard the Town, k at full length. . Perfons counterfeiting the brand, or changing the package, to be profecuted as common chea's ; the fi/e of the kegs, and boxes, art I gulaied, and the manner o* marking the fame. Inf|)t(aor for culling, repacking, and m.irkirp each p.itk. age, to have live pmce, and four pence per mil; travel j Infpei5lor to dctlroy unmcrchlniable Iierrirgi. ritkkJ !lih .ill'jwe-l *t be exported in half, quarter, and eighths '1 a barrel. Ae there, may throw the oflCil in the land wafli. p. 199. Stat. 15th, 1 6th, Geo. 3d. Cap,. 10, Sec. i, 2 ; No. 4. Juflices, in General Scllioni, to make regulations for the River Fifhery, and to affix a penalty, not exceeding ten pounds, for breach thereof ; penalty, if not over twenty fltlilings, to be recovered before one Judice ; and, if not exceeding three pounds, before two Juliices. JuQices to appoint Overfecrs, with power to remove every thing which (hall be ceptrary-to regulations.. Sec. 3, 4. 5 : No. 5. Nct^s, &c. found in rivers, contrary to regulations, with the filh found therein, to be forfeited ; if ne> Iperfon claim the fame, in ten days, to be fold for the penalties { and, if any, overpl^s to go to the pour. AAto extend onI|r to rivers that filh refoi t for fpawuing, and to continue two yean. P.. 210. Stat. 1 8th, Geo. 3d. Cup. 4, Sec. 1 : No. 6. Afl ofthe 15th and i6th Geo. 3d. made perpetual. ' P» 247. Stat, 26th, Geo. 3d, Cap. 7, 2d Sefs; Sec. 1,2: No. 7. Mill Dams, or other obftrufiicns, hereafter to ' be placed in rivers, where filh refort, are to have a proper waAe-gate kept open, while the feafon lads, for lifh to pafs : where that is not the cafe, tfas SeiSohs, on complaint, «re to give siotice to the party, and to order the SheiiiF to take an ioqued ; and* if the finding be for the complainant, the Seflions are to order a fuAicient walte gate to be fixed by the owner, who is likewife ro pay a fine, not exceeding fifty pounds, nor to be Icfs thaa.teo, with cods ; to be levied by diftrefs ; and for want thereof ^» party to be committed for three luooths. Sec. 3 : No. 8.' If the party rofiife to obey the order ofthe Seftions, three Judices, on complaiet, or view, may hold a Spe- cial SefCons ; and, on proof of neglcA, to order the Sheriff to pull down, and remove, the Dam ; and all perfoDs, when requi- red, are bound to aid the Sheriff, who may, on any fuic againd him, give the fpecial matter in evidCP'^e. Sec. 4 : No. 9. Owr.ers of Dams, now ere£led on fuch rivers, are bound to have wade-gatfs f )r the fifh ; and nn Aegleft to be proceeded agaiod as aforefaid. Perfoos complaining, without caufc, to pay cod and fines, to be applied to the roads. Sec. 5, 6 : No. 10. Peifons owning thejands through which a river runs, are to have the exclufive right to the fifh thereof^ the SelEooj to appoint proper places it the river for cemmoa filheries, where all perfons may take filh. Sec. 7 ; No. 1 1. Judices, at the (ird SelEons of each County, to dldinguifli the rivers Or dreams fit for tranfporting woo4 or lumber ; and owners of mill-dams, on the'e rivers, are tobe ordered)by SelTions, tohave proper wade-gates, not only for filh, but alfo for wood and lumber to pafs ; andr perfoos ceglefiiog to obey fuch order, may be proceeded agaiaft a» «fbrcfaid, and the dsms removed as afur(.faid. Sec. 8 No 12. Owners i.fdams heretofore built on rivers, with the confent ofthe inhabitants thereof, are not fuhjefl tot^e pcn.il ies of this A recorered in Trrj^K,s4iS5*^ ^ fS before (wo e offal »f the ihere« may itions for the fliillings, to Erfeers, with :ited ; if no extend onl|r hereafter to^ fs : where queft ; afld« i« likewife : thereof ^» hold a Spe* when requi- nn fiegleft : roads. Ih thereof^ rting woo4 it only for albrcfaidt hljeatot^e lireAiur. of oineta m fied ID the TITLE 35- Forcible Eiitiy. P. 6* Stat. 3 2d. Geo. ad, Cap. 3 : Sec. i. No. i. Any Jaftice of the Peace, oa complaint, to ifliie bis warrant to arreft any perfon lbr« , cibly entering, and detaining, any houfes, landt or tencmeDis, and to- comnpit Inch perfoo uDtil he ibaU find Sureties to aofwcr complaint at the next Gv icral Selfions. Sec. a : No. 2. Seflioni to enquire jy the oath of the party greired, aii(j' other credible proofs and if the perfon be conylAtd by the Jury poflTclEon to be reftored withia 14 days, without appeal, and the party {rieved by aftioD may recoverireble damage* and coft. Sec. 3 : No. 3* Perfons peaceably poiTefleJ three yean, not to be aflcAed by this Aft. P. 66. Stat, ift, Geo. 3d. Cap. 2, Sec. 1 : No. 4. Minorfy ftmt Covtrt, infaae perfons, or perfons abfeot from the Provlac;, , may (ue, witbih 6ve years, after impediment remove(k-' f!f 2 1 6. Stat. 19th, Geo. 3d. Cap. lo.izc. i, 2 : No. 5.' > ' Where tenant (hall o»erhoM, after expiration of his term, and notice, two Juftices, on complaint, to iflue warrant, and detain the party until he (hall give fecurity to appear at the next Supreme Court, where, if a Jury (hall find the party guilty of overholding, the Court by writ, ihall eaufe the landlord to be put in polTelTioR, who may, by adlion on the cafe, recover ag^inlt defendant treble rent, and co(l of fuit. Tenants, bv the year, to have three- tM«th* warning ) by the mootb, one mooOk'e wanting ; aad, by the \V£ek, eac week's warning. ■ . It 1 .■■• iWH»»n8H : J i wf ' « ' ..w y^' ■ '-«■" • ^ 3^ TITLE 56-37. Foreftalleri. p. 5. Stat. 32d,Geo. id. Cap. 10, Sec. i, a, 3, 4 : No. i. . Iropoweri of livt flock, (oxen itnd flieep excepted) detd IVtlh proviHont, grain, hay roott, or garden (lufF, fliall bring the fame to a public WJiarf, and give notice thereof by the common cryer : luch iirticlcj tu remain openly expofcd to fate for 48 hours ; and none of the; aforefaid articles fltall, '-.ring bid 48 hours, be fuld, or contrA^cd for, in grofs, under ptnxlty of foifeitingthe lame,, or the value thereof, upon conviction, ^y the oath of one credible uitnefs, before two Juftices ; to be levied by warrant of diftrel's: half to the infovmei, and half to the poor. Not to extend to flour of all kinds, buil'cuitor fifh. Two Jultices, on proof made be/ore them, niayjwrmitdaniagedior ^lecaying, articles u> be fold in the fpeedidi manner. Profccutions to be in ten days. V. up. Stat. 6th, Geo. 3d. Cap. 6, Sec. i : No 2. Perfons buyMg- any provifion, for the ufe of man, coming by land or water to fair, or market, within ten milci of the fame,.for the pi'rpofe •( enhancing- the price, Ihall be deemed a forellaller. Sec. 2 : No. 3. ^ Perfons obtaining, in any fair, or market, to fell again witf'a a month, any proviflons brought there to be fold • fli^lI be tleemed • regrator. _ ^ ., . .—.- -. . . ^ — -~Sec. 3-: N-j. 4." •"■'' A Perfon conviAcd at Stiuont, of either offence, to be fined n«t«xceeding lol. and, on non-payment, to fuffer imprifonment, not to exceed two months, at the difcretien of the Court \ half the line to the pour, the other to the informer. !P. '210. Stat. i8th,.Gco. 3d. Cap. 5, Sec. j, 2, 3 : No. 5. Any perfon buyii ;t cord.wood to fell again, except when it (Iwll be 15s. per cord, or under, (hall not, within ten miles of Halifax, buy, engage, «r contra^ for.any cord -wood coming to be fold under penalty ef los. per cord, over and above the price of the wood : to be recovervJ before tv;u Judiccs. Nothing in this , AAto pre vent, the pure hafe of wo)id for His MajeUy's Troops. P." 395. Slat. 38th, Geo. 3d. Cap. 4, Sec. 1,2: No. 6. Jullices, in the S<:ffions, to regulate the time when perfons buying wood, tc fell again, or retail, may purchafe ; the fame alfo the mode of retailing, meafuring and delivering, fuch wood ; and, from time to I time, to alter fuch regulations . and thofe who difobey the fame, (hjll forfeit a funs not ercceding the valve of the ^vood.: half t* .the poor, and half to the informer. This Aft limited to a year. •a: •1 TITLE 37. Fortifications. i*. 2c3. Stat. 18th, Geo. 3d. Cap. i, Sec 1, 2 : No. i. When the Military Commatider in Chief ftiall want arylands for fortifications, or other Miltary ufes, the Civil Commuider ia Chief, oa his re^uctt, my ap|iuuit « Cuuit to be tacitl in the Ccunf when •) •:j-!: Ir . r." TITLE3,7-38. 3K «fttre iKe lin 'i lie i and fuch Court (hall order a Jury, of 24 frechlodcri, to be fiunmooed from tbe towo or prccioft niareft to the Jaitdi who Diall \^eJw»t^.U^ valve the fame tffdirl. it . Sec. 3, 4, 5 :i No* a. . ' The Jarf fftall return a verdia under the haii(li agd Teals of at lead, twefvc : defcribing the nremircs, aad to whom the lame belong { and* alib» tbe Value thereof t which verdiA, when entered bj order of the Court, fliall become a Rcofd, and the value found being paid 10 the proprietor, or guardiant of minori, or into Court if refufed,ihe landi fo valued flialf bevefted in jHltMajel^. forever. -LandaSMrmtrly takea for Military ufei to be valued the fanje .way. See. -6 i No. J.-. ■ ^, . ,1 ■. . ^... •■- ..:>;"i<. I .;.^l.ui wj , >■ .^,'iii]Ctk«8h«riff?«IUeWrofitM hereiti con- tained ; and all grants, and afiiynnicnts of trulf, fhall be void, unlefs made in writing, or bv will, f.s aloMlaid. 'I'tufl F..T,itts, fhall be t;>ken in execution, the faine as any o lier id.we of the party, and the intercd of the CrJIni .'Ji.-.- i:U', fhall be held thc;-- by, free fiom all claim of the trullees. Truli Ell iies, in fee lir.iple, riefcendlnf; to heir?, are made ;!^ets by dtfctnt in ti.c hands of luch heir, and clwrge.ible, with the ancelloi's obiigalian } but fach heir lh.ill not, Ly any io p'.y out ofh'sown cllate. fSv.'c. 1 1 : No. 6. EJlates/cur aa/rr w aredeviJiable by will, executed according to law; .ind if no u oUt or plciiiii.g, be ci.irj^ed ;'«. '>s raade t! cr'- ■jfsxm^fmtmiwim^ llfl»FlltBRjni-<^-\ .3» p 'I* 3«-39* :^ «-^r4 4i bF, iheraiae ftall be chargeable at aflehbjrdercent inthe bandi ofthcheir.nlpeeMlMettpMt} tnd,ll>rwaRt(Kere«f,fla!}gsi» the cxecuture or adminiftrators of the party* «ad bAafleti in their huidi, to be ajpplied and diftribute^ accoldiogto law. Sec. i2» 13, i4» 15 : No. 7. The firft Judge of every Goort to figR iad|meiit withont tet, tad fet down tlie day, montli, ftndTear,of l^iefo doing, open the decket which /hall be entered enthe maq^inoftheiceord when the judgnient bi cnlctred, an! iheUme (hallbe coDftruedasagataft jona^Slirpurchafen of lands, atjndgmeati oaly ffoih iactr' date : Do fatiifaAion of any judgment to be entered on motion of attorney, except hit warrant br proved by the aHidaTit, in writing, of a credible wiiodi. No goodi to be bound by execution, but from the ume «f 4cli,r«, uig tke wik to the oActf« whA li, 4litMtti fee, to indotCi the tine he received the lame. TITLE 39. , Gaming. iff. 46. Sta» 35<}, Geo. ad. Scfs. 2, Cap. 1, Sec. i : No. i. Public s^niing at cards, dice, - tennis, bowls, or any other gnmc, lotteries, and public gaming tables, decreed nuifances ; alt notes, bonds, juHgmenis, mortgages, fecurities, or conveyances, if any rart of the value be won at any game whatfoever, o' knowingly lent for the purpofe of gaming, whether made to the gam- blers themfelves, or ( "hers in truft for thcin, are utterly void ; and if '.lie fame refpcA lands, or hereditaments, fuch are to go to the next heir, or heirs, the fame ?i if the grantor had died befoie the executing fuch conveyance ; and all graiua^ or conveyaa- cer, m.>de to prevent fuch defcents, are void. Sec. 2, 3 4 : No< 2- Perfon loHngat any unlawful game, anything at^>vethe value of twenty (hillings, may, within one month, recover the fame back by aftion for money had and received, or trover and converGon, (if goods are lo(i) withcoft ; and if >hc lofer negleil tu fue, any other perfon may, in one month thereafter, fue for the fame, one half t» be for his ufe, and the other for the poor. Parents, guardians, or mafters, may rrcover treble the value of property won from a minor, with cods. Fraudulent gamblers, if convi^ed on Sodidlment, or iaibrm .on, to forfeit V> the perlon who will fue for the fame, five times the vaije of the property won. Sec. 5: No. 3. Two or more Juftices wy enter any public hgufe, fufperted of keeping a gamiii j tabic, and direft »he keep. crs to remove the fame within 48 hours ; and, on neglect, or refufal, Juiiices to break and ptoft' ate t!.t fame, and to tiquire le- cy from the keeper fur 12 months good b||uviour, or appearance at Seffions, whvr;, if CQn''i£)'rd, he Ihall be itDCd or im* },riluned as the Court (hall dired. TITLF 40-41. Guagers, how appointed. '^ ' "• 33 "P. 7a. Stat, ift, Geo. 3d. Cap. 9, Sec. i, 2, 3, 4 : No. i. . ,, . - , ^ „ GoTcrnor to in>o!nttwa nerront Guigert for the port of Halifax, who mall b* Iworn, and (hall gxuat with th«calli|Unill\ils ot oats. In- ipeflor »o ndA, to ihc bufhcl cf (;ra'n, as much as will ni weight than the ('. .lulaid, anil without intpeiflioci to furfrit a fliiliingfur tveiy bulliel ; half to tho inforruer, and halt to the poor (to be recovered before a JulHce. Sec 5 : No. 3. Biirks to be no Icfs tha.-" eight inches in length, a id four inches In width, two inches thick fix fcorc to the hundred. No. 4> and, tD b: fou: Sec. 6, 7 Salt, coals, and lime, for fale ihioughatit the Province, tn h» mcafiired, and bricks InfijeiJleJ ! the feller to pay I.nfpt:^or one penny fur a ho£(h«ad of (alt; three pence tur it chaldrun ofcL-Jsj ttud, fur the hogilieud cl ir.nc f-: whKh ■^ .^ 34 TITLE 41-41* contain ci((ht bnpeil buflieli, two prate 1 utA two |>«ncc per thoufand ht htkki t the offecri M ht Tworn t inif, oa :cept the office, or oegleA, or mi(bchavioiir, (hall pay a fine not exceeding fhrec f etudr i ill graiiii fait, coalti and lime«. which t'l to refurai to accept ,.. >.g w. „.,....... .w..| ...— . |.. impoiudinm the ftoviace, t« be fubjct.^ 10 thefe r«|itkuoc>. TITLE 42. GriftMill. P. 162. Stat. loth, Geo. 3d. Cap. 8, Sec. i, 2, 3 : No. i. Grift 10 be taken for grinding com, and f>rain of all kiada, t»' ■ oil, I .... be one fixteenth part, to be afcertaincd by afealed meafure ; a perfon taking 4 greater toll, to fcrfeit to the poor the Taluc of the OTcrpIus, togeiher with 40s. to be recovered before two Juftices. No miller ubiiged to grind grain which is not dry, clean, and in good order. P. 224. Stat. 2ift, Geo. 3d. Cap. 5, Sec. i : No. 2. Miller, keeping a bolt, fliall be obliged to bolt the meal, ground by hira, for a toll of one pint out of a-bu(hel, and fubjeA to the penalty of former AAif he refufe. P. 252. Stat. 28th, Geo. 3d. Cap. 2, Sec. i, 4 : No. 3. One quart out of abufhel to be allowed for bolthi;; ; the 'filler who (hall demand, or take, more, or refufe to bolt, ii m»Je fubjoft to the penalties of the lotb Cc«. 3d. and a ' illcr refubog I to grind grain, ia made fub^eAto the fiune penalties. tlTLE^43-44. CuardianHiip of Minon. 35 F. 27- '•»«»• 3»«'. C«»- 3d. Cap. 26th, Sec. i, 2 : No. i. ^ ' "*?'^^ '^' ^'"^ -^'^ •^' ' (' Fatheri, whether of •!« pr itot, may, br deed, or wilt, dulf -' " ' 4!xecatcd|dirpore«f theguardianlhip of their unmarried chiMrea, or of polthumout children, until the age ol twenty -onr, to any i^rfofl or pcrloni in poflVnion or remainder, being (jrotedanti : ichich difpofition (hall Le good tgainft all other* cl.iiining the r«me, and fuch guardiiini may mitintain attiont, and recover dainagei, againft any perfon who (hill taite fuch chilli away, und ni.iy re- ceive, for the ufe of fuch chi'drcn, the proGti of their real c(utc, and the mana^cinent of their pctfonal cflate, durwg thiir mi- nority, and may maintain anions for them. Sec. 3, 4, 5, 6, 7, 8 : No. a. Governor may appoint guardians for prottdnnt minors entitled to real eflate, making fuch apppoiatment to the next of kin, being prbteltanf; ; and, if they refufe, to any other, being a prottdjnt ; allowing minors, above 14 yeara, to choofc for tbemfclTes, and taking good Lcurities, from fuch gaKriliani, for the faithiui difcliarge of tie trud i fuch guardians, for the time of their appointment, to have the fame power they woult, if appointed as afoicfaid, by the father of the minor. If guardian (huuld die, befurc he has accounted, his heirs, executors or admiuiltiators, mult account to the mi* nor, or bis rcprefentativ* ; in cale uf death, nothing in this Ait to difcharge apprentic.'s bound by Ovctfeers of the I'oor. S«c. 9 : No. 3. Po(lhum«ut Childreo not provided for by the Father'* will, to Qtare io hit elUte, as though the father died iii< teftitt. TITLE 44. Guns Firing. P. 37. Stat. 32d, Vjco. ad. Cap. 25, Sec. 1, 2, 3 : No. 1. Any perfon, whatfoever, who ffialf ■onnectfTirily fire a gun, ■iftol, or any kind of fire arms, in any p;irt of the town or fuburbs of Halifax, t{> forfeit los. half to the King, and halt' 10 the informer, on convi{)ion before a JuDice, to be levied by diftrefs, and, for want thereof offender to be font to goal for twenty-fuui beurs. Complaint to be within twelve hours. ■ -P. 156. Stat, gth, loth, Geo. 3d. Cap. 3, Sec. i : No. 2. Children, imder the sgi^ of fourteen, f ring out ef a pan, ftr pifto), or any other perfon, within the peoinfula of Halifax, unnecefTarily firing a gun, &c. within one hundred yards of a perfon or horfcback, or in a carriage ; fuch pcifoni, or their children, their }«rents, guardians, or mailers, flull p^y the penalty in former Ae^, to be levied m like manner. <'P. 322. Stat. 33d, Geo. 3d. Cap. 12, Sec 1 : No. 3. The A?l to prevent firing of gtms, Sec. in the town of Halifax, ex- tended to tlie town plot of Dartmouth. •!«!)jT-'W«««r7 is^3um0 v^ p. if ,. TITLE 45-4<5. ,, . ^^; , Hawkers and Pedlars. Stat, aid, Geo. 3d. Cap. 1, Sec. i, 3, 3, 4. 5 J No. 1. . " Hawkeri ind Pedttri, (except it public fir«i, «nd matltett) with the confent of, at teift, three Juftlcei, to uke out liceofei at H»lif*x, from the CIctk of Ltccnfei i and, elfewhere in the Province, from the Clerk of the Peace, aod to five the fame kind of bund that perfoni kcepina licenfed houfei do, and to pay, if he travel on foot, 3I. every half year ( if with one horfc, 61. and 2I. for every hotfc or bcait, more than one » the licenfe to exprefi the number of horfei^aad goodi cxpofed to fale without fuch liccnfci forfeited { the d«y, and two iliirdtof the finei and forfeiturei to be applied to the road.1, the other third to the itiformer ( to be recovered in a Court of R':cord. Jtltict.'S, Sherifi, and Condablri, to fe« this h^ carried into effeS ; perfuns fellinj j;oads of their own making, orbawkiot fiili, fruitii or veoeta* blei, or vravcUiog tiskcrs, ^luitn, couj{cri| or harocii ncnderii not obliged to take liccafc. 'y (Vj... •(•I'. TITLE 46. Hides. P. 73. Stat, rft, Geo. 3d. Cap. 12, Sec. i, 2» 3 : No. i. No raw Hides, Sheep or Calflkini to be laden on board a velTel, before bond, for one hundred pounds, be given, to carry the fame to Great- Dritain, and no wlfcre cifc, under penalty of forfeiting the fame, and the mafler fltall alfo forfeit the value of fuch a* (hall be found on board | and, if carried out of the Province before feizure, the mafter to forfeit double, and the Ihipper treble, the value. Profecution to be in twelve months : butfucb articles may be exported to His Majedy's Planutionsi when the price ftiall be under three half-pence per lb. Sec. 4, 5, : No. 2. A butcher, or other perfon, offering for fale any hide, or (kin, cut, whertby the fame (hall be impaired, io Saying thereof, (hall forfeit, for each offence, twenty (hillings ; tobe recoveied before a fingle Judice be diftrcfs t and, for want thereof, offender to be imprifoned twenty days ; half the penalty to the informer, and half to the poor } the jfenallics, for unlawful exportation, to be recovered in a Court of Record, half to the informer and half to His Majefty. p. 162. Stat. 10th, Geo. 3d. Cap. 9, Sec. 1 : No. 3. When hides are ander three pence per lb. they m^y be expgrted to the Plantations. P. 214. Stat. 19th, Geo. 3d. Cap. 3, Sec. i, i : No. 4. Searchers of Leather to view, at the flangbter-houfe, or tanners, every hide or (kin before delivered on fale.and to make reafonable allowance for any injury the fame may have received ; and any perfon felling t) ■' fame, without infpefiion, Ihall forfeit lot. for each hide or ,'kia : to be recovered before a Juftice. Scarchtrio receive for each bide tjiree-peocei and fur each Ikin one penny. TITLE 47. Highways. Z1 f' 74 (Nat. ift, Gee. 3d. Cap. 14, See. 1 : No. i. Grand Jury, it thtFlrll S«l1ioni« afrer the firft of Janutrjr. yetrly, tt> •ppoini two Surrtyori ofHiihwayti for each town ; to b« Iktorn, and (erve fur a year \ wnJ, on rctuf^l tu kivt, or tor C4ch •cgIcA of duty, U» pay 5l> to b« rtcoTcred ia a Couri of Record) aaJ applied to repair the highwayi. S«c. a, 3, 4. 5. 6 : No. a, Owncriof Ciiti, &e. tofurnidit cart, with two oxen, or tvvo horfei, and an able driver to work on highwayt four days each year, and eight huuri each day, penalty lOi.fur each day'i neglcA ( and ill other peifant (iiircJ lif' vanti excepted) to wotk fii dayi each year, finding their own toals, under penalty ol'ji. fur each day's nrgled : penalties to go lort'pair highways, and be recovered by dillrcCt, on complaint, before ont Judice. Conftables, in each Town, to make a lilt uf owner* of cart*, 6tc. and perfoni bound to woi k in the 1 own ; and (hall make an equal divifinn af the hi|;kway« for the Over* fccri to work upon ; all which ihall be delivered, in writing, and figned by them, to the Overfeers. Surveyors to fumnion inha- bitants to work, giving notice of time, and place, at lead, fu days previous : work to be done between firlt of April and full of November, (feed time and hurvcK time excepted. } Surveyor to ovcrfca woi kmen, and is eiculed (rom any other krvice on high, ways. Surveyors, if they think necelTiry, may order cait owners to furnilh two labourers with tools each day , inllcadutft team, and are to account to the SclTions at the end of the year. P. ic£. Scat. 5th, Geo. 3d. Cap< a, Sec. 1,2: No* 3. If new highways are wanted, or old ones to he altered, the ScHions, on application, to impnwer two or three fufTicient freeholders, of the next towns, to report on the neceflity thereof; nn I, ifthe fame fh.ill appear ofiummon convcniency, Selfioni (hall order the Mailhall to funimun a Jury from the next towns, who Ihall Le fwcrn, by a Jullice, to lay out the fame in the molt conv>;nicat way fur the public, and with tl:c liall pulTiMi p'jini. All peilons between l6 and 60 to labour on the roads. P. 179. Stat. 13th, i4tl), Geo. 3d. Cap. 3 Sec 1, a, 3 : No. 6; All forfeitures and penalties, for neglei5l of duties, to be furd for by 5?urveyors, the fame as any other debt, before one or more Judiccs ; two Jultices, on application, may liifcn the num- ber of poor perfons' days labour ; aged perfons, who are exempt from perfonul labour, Ihall fend carts, if they keep any. Sec 4 ; No* 7. Jijftice, on view.or the oath of one credible witnefs, may line a perfon incumbering the (Ireets, or ro.1^.•, not to exceed 20s. to go to the poor, and be levied by dillrefs, if the party be known; or, otiierwilc;, by fale of the articles con(lituting the nuif.tnce, every continuance of which (hall be deemed a new vDcnce. P« 216. Stat. 19th, Geo. 3d. Cap. 8, Sec. 1,2: No. 8. Jurors to fettle the damages where new roads arc laid out, to be fummooed from the next Townfltips to the Town where the lands lie. Surveyors not to alter, or^-iiucnd, a road, witliuut the confcnt of ihiee Juflices. p. 234. Stat. 23d, Geo. 3d. Cap. 5, Sec- i : No 9. All highways, now in ufe, to continue their prcfent breadth, or not to exceed 66 feet wide. P. 254. Stat- 28th, Geo. 3d. Cap- 4, Sec- 1,2: No. 10. Inhabitants, when called on by the Overfcers, in the wintrr, o- bliged to work with cattle and lleds, to render the roads palT.ible, not to exceed one day's woi k at each fall of (nuw wiien the dtpth is more than twelve inches ; on nrglcifl, to forfcii ttn Ihiilings, tu be recovered btfvire a Julhcii. p. 271. Stat. 29th, Geo. 3d. Cap. 7, Sec. 1,2,3: No. 11. All fleds drawn by more than one beaft, and crvftiuf)c.l to carry loadi, going or coining to or from Halifax, or ijfing the road to it, (hall be not Icfs than fuurtcet ui viiiih, mcaiirin;^ :i(>i;i the ouifiile of the lunners, and the cattle diinving the fime, (hall be harntflcd iidc bv fide, under penalty r.*' v-ii lliillirg. h\ iMth offence ; to be recovered betoie a Juliice to the ufe of tht informer ; aod all fleds, iKreat'ttr uLd in ir.c ktiku iowr.lr.;jis 'i.;.!! be the fitme brcaJtb, under the like penalty. p. 295. Stat, 3 2d, Geo 3d. Cap- 6, Sec- 1 : No. 12. All wheels ufed for drawing tim'jcr, or lumber, on the rfiu' fi'm tlie boundary of the Count;- of Hants, totheBafon at .Sackville, or on the Haniond I'lain roa.i, fubji-Ct tj a pen. Ity, unit if iln. .'l li.'ts be of nine inches breadth ; nor lb ill any kind of tiaiher, or lumber, hi trailed on fuch rot. Is un Kr jxnaity tf i'ae piuiuds, to. l,^ recovered from the driver, or owner, with coll, in ,iny Court of RecoiJ for t!)c Caunty, hali- to tlic inicrn.Lr, .i:.d lu.ll 'o ibe poor. 1'. I«i ^« TITLE 47. J*. ^2U. 3^9 Stat. 33d, Ceo. ,<<.i. Cap. J5. Sec. i : No. 1 j= Carri»7«« laden with timtier, mid drawn by one hotk on' y. 0n tlie WinJf * or Ilarnmond Plain ro»d, B>ay have wheels of KTs wiilih than nine inches ; but if drawn by more than AM horle, the vhii-ls murt be of the width of fix inelits. The duration of tills A& linut«d to the end of the next fefliun. Stat. 36th, Geo. 3d. Cap. 6. Sec. 1,2: No. 14. Juhabitants may build a Bridge over Ttilket river, provided they kcfj) tJicrein a Dr.iwbridge to ptrmit vefft's ind boats lO pafs. vp. ^69. Jtat. 3''>th, Geo. 3d. Cap. 7. Sec. ^ 2, 3, 4, 5, 6, ", 8, 9, 10 T. 415 No. 15. The Governor may incorporate a Compny, f )r nineiy-oiivt years, to build a Bridg; over the harbor of Halifax ; which Company may make bye-laws, raife fub. jcriptionsileli fii.ire'., and occupy the land and water, from high watermark, at the place where the Bridge (hall l>e built- The C'oinp.if.y i.iull allow the free pa/Tige vf vcflels and boats through fuch Hridse ; may erefl toll gates, and eflablilh a toll. After ninetynine years the property in the Eridge to vcft in the public ; iiod unlcfi the Biidge be coniplcted in ten yeart.tliis A^ to be of no effe^. ' Stat. 40th, Geo. 3d. Cap. i, Sec. i, 2 : No. 16. Commiflto^erwanting to change, or enlarge, a road, by faking en- ridf.d, or improved, land/or that parpofe, (hall caufeaplan to be made, and Idid before two Jullices, who ftiall urdtra S^jxcial FclFions to be fummoned, by the- Clerk, within ten days } if the Juliices appiove of the new roa(^ the Sheriff (hall be oiderid, bv Stliions, to fummon u Jury of twelve difinterefttd freeholdeis from the next Town, who (liall lay cut the rond, and value flic dann ige to be done thercSy to tli.* owners of the land ; and if t!iC road is to £9 through walte lands, and there fliould appear' ar,y ipecial dapiagc, the tame is lu be eUiinatid asafurtfaid. 6cc. 3, 4 : No. 17. Notics of the return of the verdift o be given the parties, that they may qbjefl ; and, if the PtfTione ronfirm tint vcrdiifl, t!ie road Ca.M be made, and forever A'lei rujain publi'. . The cxpcncc and cod to be paid out of the Trea- fniy. Idcc. 5, C : No. 18. Cv\'ners of the landiobHiuAirg the Commiflioner, t»bc punilhed as for a mifdcmeanor ; and Jurorstc foifeit 20s. for non-attend.iiicf, to be recoverid before tvo J ullices. ;i'. 436. jtat. 41ft, Geo. 3d. Cap. 31 Sec. i : No. 19 Soii'.Ii Barrack?. Stat. 41ft, Geo. 3d. Cap. 5. Sec. 1, 2,3 A paitof Albcrmalc Stveet, appointed Cor the ufe of His Majclly'i; No- 20. Five i^erfons, appointed CommKTioners, to keep in repair thf. flrer*' '*' H::!'.?.", and the peninfula. The Governor, wiih the advice of hit C< uncil, to fill up vacancies. Commiirioncrs lu divide ihe didrids into wards amongfl ihtmfelves, to call oiitthe ftatute labour, and to have all the power refpedting the applyirg money, and laboi'7, that the Ovcrlccrs of the Hijihways had ; ftlfo, empowered to prevent encroachments, and to recover all monies due f"t roao: and lireets, by aflion, or otherwife, tvi pave V.".. "reet firiK and then to pava other theets in (uccedion, and to have the fole dirtflion of repaii i(ig, and making, roads, and ihcets, within the di(lri«3 j with power to take giavcl (tones, and oti'cr necclfaiy materia!:. Sec. 4, 5, 6, 7, 8, 9 : No. 2r. CommiJTioners have pnwer to alter water-coiirfes, ^nd make drains, and fewers j perfons incumbi-ring the (Ireeis, are made li«ble to profccution ; a-.d the Commiirmners to remoie all incunibiances, r.nd fell articles ln't as nuifancts, nt'ter notice to the part^ to lemove the fdOic. Per(bn5 builJ.iny, mav, with the leave of the Commifliontrs, depofit tl'cir materials in the ttreets. Conimiirioneri inay fink wells and ercd pumps, remove figns, porches, ot fences, that incun'ber the llrtctj ifbiiih within twenty yeas ; , lionsi intending to build Ihall apply to the Commiflioners, under a penalty of fen pounds if they begin to build before fuch application. CommilDhners tu regulate the iif. •>{ ilie Urect for fuch pcrfon. No perfon to open, Ci break up, a flreci, wiihoutpermifEon from Cominii&aoers. Sec. 10, II, ic, 13, 14: N). 22. One third of the licenfc duty grnntcd to the Commiflioner? ; .in rxafl account of receipts and cxpcn- ii; utc«, Lw Sc kept by the ConiniiflionciS ; fuch accounts to be pifTtd m the tjcneral AfTembly. No futt to be commenced a- g:i;nlt aiy ptrfon aff.ng under this Aft, until after twenty days written notice, nor after fix months from the lime the cauL of ai-'liun accrue .1. Afl:on to be tried in the County of Halif;:x ; defendant miy ttnder amends, and plead the general ifiue. and give '.his Ait in evidence. If judgmmt for defendai.i, to have tr^jble cn'\ allowed. -Xll .nenits, received by ComniilTinners, to be applied to theparpofes of this Aft ; and the powerpf Overicers «f Highways, within* the town and ptninfu.'a of Halifax, hciea*'terv"fied in the CommilFioners. P. 459. Stat. 4?.d, Geo. 3d. Caj- 5. Sec. r, 2, j, 4 : No. 23. In the Di!>rii5>! of Colrhefter and Piflou, the S.ilions may r.iife .Toney to in,ii;c and repair fuch Ro.ids as the Si atute labour is inli-fln kiiI li' n?ke < i ie|aii. I'l ilonsafltli'ed may pay 1p l.i'jo'.r inftead of money. All money raifed in a Townlhip to be cxp.Mi'lcl wiiliin 'lie fame. Comniiiiioners to be appointed by the Seltidns to Uy out rhc money, who are to account at tne January iscilions. .p. 462. Stat. 42d, Geo. 3d. Cap. 8. occ. i : Mo. 24. CommiiEoncrs sf the Stress ;^HaKfax, their power extended to the Nine Mile Toft at Sac:.viiJe -P- TITLE 47-4«. n 49t. Stat. 44th, Gto. 3d. Cup. 9, Set. 1, i., 3 : No. 35 19 Perfonion the Wiodfor and Hammond Plain Roads» may ufe wheels of lefs width than nineinchei ; but if lefi than fix incheit the perfon uling the fame, (hall work two additional days onitbe roadi for every horfe or ox employed to work with narrow wheelt* or othcrwile pay three (hillings for each day's work. Sec. 4, 5 : No. a6. Perfons who '..ait any Timber on thofe Roads when bare of fnow, to pay a Cae not exceeding twenty* iiillingt, or ]e(s than ISve (hillings. Ail penalties to be paid to the OTerfeers. &c 6 : No. 27. Perfons cartin^FIufter of Paris on the roada in the townihip of Windfor, fubjeA to the fame rt^ulationst ¥■ TITLE 48; Indians. f. 78. Stat. 2d, Geo. 3d. Cap. 3, Sec. i, 2 : No. 1. Governor to order the Attorney General to profecute in a fammary way, in a Court of Record, any perfbn who fhall wrong oi cheat the lodians } fuch proueding to be deemed Icg^l ; iiod this A A to be in force until the trade (hall be regulated. n 40 'TITLE 49. Inferior Courts and Scflions, ,P. 39. Stat. 32d, Geo. ad. Cap. 27, Sec. i : No. i. -°i ' ' "' Scflions at Halifax, to bejheld the firft Tuefdayi of December, Mareh* June and September. :P. 126. Stat. 7th, Geo. 3d. Cap. 5. Sec. i : No. 2. * inferior Couct and SefEom ie be held at Lunenburjih At feeo«d Tuerdayt of April and Oflober. P. 161. Stat. 10th, Geo. 3d. Cap. 7 : No. 3. SelTions and Infeiior Couru for Qaeen's Coantjr, to be held at Liteipool, tli^ fecond Tuefday of April and fecond TucfJiiy of November. 'P. 237. Stat. 23d, Geo. 3d. Cap. 11, Sec. i, 2 : No. 4. ' Inferior Court eflabliflied ta the DiftriA of Colchefter. P. 243. Stat. 26th, Geo. 3d. Cap. i,Scc. i, 2: No. 5. Scflions and Inferior Court for the County of Cumberland, to be heM aunually, at Amherft, the lad Tuefday of October ; and executions i/Tucd from the Supreme Court at Aiiiheiit, to be returnable in fixty days. )P. 243. 8tat. 26th, Geo. 3d. Cap. 2, Sec i, 2,: No. 6. Three Juflices, one to1>e of thexjuonim.to call Special Seflions in the feveral Counties, and to fry offenders committed for petit larceny, tithtr by indi^ment, or .•■ a iuaiii;'ft)orough, in the County ef Sydney, the firft Tuefdays of March and ofOclober. p. 406. Stat. 39ih, Geo. 3d. Cap. 6, Sec. 1 *• No. 16. Scflions, and Inferior Court, at Horton, to be held the third Tucf- d ay of J'me, and firft Tuefday of Ortober. p. 409. Stat. 39th, Ceo. 3d. Cap. 10, Sec. i, 2 : No. 17. C!erk attend the Supreme CouM, who flull give their attcDdance until difchargcd 1 ' the Council, and thofe who •r44u'l>ee<^''oughout the Province, exculed. ' P,^ 4ts. 6tat. 40th, Geo. 3d. Cap. 5, Sec. i, a, 3 '• No. 19. Inferior Court and Seffloneto be heldat Annapolis the firll Tuci- day of April, and fird Tuefday of November ; and, at DigC>y, the tliird Tucfday of Jjiie, and third Tuelday of December. The Inhabitants of the Eaftern part of the County of AnnapoJis eKcufed from ferving at Digby ; and thofc of the Wcftcrn p,irt from t ferving at AoqapoJie. All Money PrerentmefMi.10 be mad': at the Supreme Court. 'P. 468. Stat. 43CI. Geo. 3d. Cap. 2, Sec. i, 2, 3 : No. 20. Authorizes the Grand Jury at the Court of Aflize for the Cpun- ty of Annapolii 10 raife money to build a Court-Houfe in the WeiUru DUlriift. The fitting of the Seflions antl Inferior Couii at . Plgby is alio changed, to tha fecond T^ieCday of Juae. • P. 483. Stat. 44th, Geo. 3d. Cap. 10, Sec. 1,2: No. 21. ' Inferior Court and Siflions for the- Diflfi^l of Cokhdler, to be ,.Jki.''']>raTuture, atTrurq'; and all writs and procel* are nude returnable at U14 pLtcc. TITLE 50. Innholders. T. 77. Stat. 3d, Geo. 3d. Cap. i. Sec. i : No. i. No InnhoklLT, Tivfrn-Kfepcr, Aie-Houfe- Keeper, or Retailer ofSpiritu- ■ ou*! liquor, (hall recover, by law,'more than Gvs (hiilings, fioni any pction tor Spirituous Li^^uor, mixed er uumixcd, fuid on credit. Sec. 2 : ~No. 2. If any perlbn^f^rill give apawn, or pledge, ibr Spirltumis I.itiiior?, exeecdinn the value of five fhllKngi, a JuOice-'of the Peace, on picot of tJK' fu. P. 183. J TITLE 51. Infolvent Debtors* T^ P. go. Stat, 3 J, and 4th, Geo. 3d- Cap. 5, Sec. i : No. 1. Perfon charged in execution, defiring to be releafed, mod petition the Couti if fitting, and ifnot, two of the Judges, and exhibit an account, on oath, of all his efffifts, real and perfonal. Pnfoner to bz brought before them, and creditors fummoned to appear. If they negl(A to attend, Judges are to«xamiae the matter of the petition. Sec 2, 3,4, 5, 6, 7, 8, 9, 10, II, 12: No. 2. If creditors are fatisfied with prifoner's oath, prifoner is, by indorfement on petition, to aflign the property to one or more creditor in trait for the red ; and fuch afTignmeat fh.ill bi: fuift. cient to veft the whole proptrty in A(Hgnee, who miy recover the fame inhis own name, the fame as a Barikrupt's Affignees could; then prifoner to be difcharged, and property divided aroongd creditors in proportion to their debts, if creditorsobje^ to prifuncr's dil'charge, he mud be remanded, and creditors ordered to appear at a certain day before the Court, for further es.imination. If or«ditors refufe to a(»ree, in writing, to allow prifoner c'^St pojads of bread per week uiitil tiie time of examin.ition, or iliall fail to fupply the fame, prifoner to be difcharged. Prifoner refufing to me£ P. 365. Wr-fs off-nder o« tr<4it, 4t >. TITjL£5V53' Intereft. 43 P. 1 60. Stat. loth, Geo. 3d. Cap. 5, 'Sec. 1, s, 3 '• No. i. Tntercft on any Loan of Money, or goods of any kind, flial! not exceed fix per cent, by the year. Contract of erery kind /or a higher intereft arc Toid ; and a perfon who under contrivance of any bargain, (hall accept and receive a higher intereil, ihall forfeit treble the value of the loan, to be recovered in a Court of Record in the county where the offence committed : half to the King, and half to the informer. N(>t to extend to bottomery of ihip or Teflcl 4 and contraAi made prior to this AA to be valid. P. 183. Stat. 14th, and 15th, Geo* 3d. Cap. i, Sec. 1 : No. 2. Peifont may hire or let Hvr (lock of any kind, or grain ; the lender or hirer taking the rifk on himfcif, without being liable to be charged as for a ufurious coniraA ■: Neverthelefs, if the property is loll or convened by '.he borrower, he ihall make good the full value. Sec, 2, 3 : No. 3. All unfijiilhed profecutions ior ufury, i»ihe hiring of live (!ock or grain, to be no further profecutrd ; and all future profecutions for ufury, to be brought within twelve month; after offence, ferfonsaggiieved by judgment of Inferior Court, may bring writ of er ror or appeal to Supreme Court. ition the Coui i Prifoner to bi of the petition. oath, prifoner ealfhallbcfuiR. "Mli^nees could; e-t to prifoncr's i.imination. If n, orflull fjilto Juiticcs to ce'. : Court. Iter; adigned : Sut if the fitting of the petition Jiidices Court fubfecjuent '. The judgment jury, to fuffer ac- ey offend againlt penalties. The ixceed one hua- fajefty extended : of whom to be TITLE S3' Juries. P. 365. Stat. 36th, Geo. 3d- Cap. 2, Sec. 1 : No. 1. PerfoFS rcfident three mofltlis, and having afi-cefiqlJ in the eonnty of ten pounds yearly value ; or a perfon?! cft*te worth one hundrca pounds, are liable to ferve as G: unj Jurors ; fb p rfiiis in like munner refident, and liavinn a trcehold of twenty (hillings yearly value, or a perfonal c.l.ite wortli ten pounds, iirt- ii..i)n to fti ve en Petit Juries, Meinbcrs of Council and y^ (Tembly, 'I'realurcr, Secretary, Law Oilictrs, Staff Officci s, a d Army Cleiks, Gtlicers, Cli'ikn, and Labourers employed in the Nava' Yard and Oidnance, Othcers of tlie Cuflonis, Regilii.ir, Chief Sur^cjof, N.ivaf Officer and his Deputies, Miciiiters, .'Vtiornics, Ph)ti:ians, Surgeons, Engine Men, and porljns abjvc l;:veniy y:irs of age, are •exempted from fucli duty. Sec. 2, 3, 4: No. 2. Sheriff, every year after the pret.nt, on or before the tenth of April, to return to the Prothonnt tries, or CIciks of the Courts, a lift of all perfous liable to fcrve us aforefaid ; and they are lo put their iianirs, on fipaiate picics ol paper, into a box to be by them kept locked. ShciilT^, to liave libtriy to inlpe(i;> the Rate Books of the county. Orand Juries to feive for a year, nnd H be diawn at the lalt fitting uf;l«e Couit e,icli year, i'etit Juries to (ervc one felfion of the Court, -tnd n lie 'Irawn the lad diy of the fitting itftach Court. Litt of th^ Juries when drawn, are to be fi^nedby th;- knior Ju lj;e preient ; ind f^cn'i.'S to be iffued hv th; Pr iSim >>iriei, iir Clerks, (en d lys before the mening of the Couv. Giand Jurors to pay a fine not txceti;:. g twenty (liiliinys. and Petit Jurors not exceeding ten Ihiilings for each day's default. Fines to be applied to tin C'^-iuy uie. If there apiKrar in any teitn a dtf .'f of Jurors, others may be drawn and (uninioned, and a talis may be awarded and rettni.eii fur tiie trial ofapaiticular caufi, if a fufFicient number uf the regular jury niakt dvf.iult. Sec. 5, 6 : No. 3. Suprf me Court, on nuition, may allow 1 Special Jury to be rtruck before the Proihorntsry, according to the courfe of the common law. In iny c.li , civil or ciiminal, I'rothontMary ihall hive a fee oi I've ibiiiM.j;?, fur .itieihJii i; 'uih Jfiikl'g. In taf'.s of view, fi\ ormoie J,iruii iii.iv be fdeiSltd lor that puipofe by li '.' puit-. : m'- i' ili.y >...;rict ajM'.-i, ' ■• ihe Coui;, with two perfons to llie.v liic pitiiiiks. Vitweis to be liiU fwoin lo try the c.uic i but tin. tiul liialt ^;roc(.i.d aiihouj^h the Ti«w fu allowcJ be not made. 44 TITLE 53-54- TITLE 54. Lands liable to Debts. ^ P. 21. Stat. 3 2d, Geo. 2d. Cap. 15, Sec. 1 : No. i. Executions iffiied onjudgmenti recorererf.lote ievi'd oh reul eftjtb. If the perfon sgalnft V'liom tliefame ffiall^iflae, rtfufe or neglcft to fitisfy tlic Tirhe with mon?y or other perfjnal eft,tte. When real eft,ite initll be taken, the Piovott M.arni^l, al the requieR of the creditor, is tB give th>: debtrir and creJitor notice, in writing. Each to appoint an appraifer, and the Provoft Matfhal is »o naminate a third, who are to be elifweet and indifferent fiteeholders. If debtor or ere. ditor, three dsys after fuch notice, rcfufe or neg'eftto ai»|)(iiot an ap|jr.iifcr ; or if abf-rri: from the Province, and h.ive no known agent wiihin the fame, in fuch cafe the Provoll Mirlhil rtwU nornina'e an appraifw. The appraifers to be duly fworn-, and to view V e e(l.ite taken in execution ; and if in their opinion, or of ar.y two of them, the rents be fuHicient tt> pay the debt in two years, with intereft and rcpaits, then the execution tob? levied on the rent only ; and [lerfons in polTeflion are ta be ciufed to attorn as tenants to the creditor, to pr v rent quarterly. The creditor to iiold and receive the rentsi until debt, coiJ, tind 'interefe be paid. Creditors may didrain fur rent, and remove the perfons, wiio' refufe tcr.pay, froai poCe/Son. Sec. 2, 3 : No. 2. If in the opinion of two or more of the appraifcrs, the rem [hall not be fufHctent, then execitioh t6 b'; levied on a part of tiie cflate, if it can be conveniently done ; if not, iipan the whole. PofT-IGan to be given tc> the creditors, tetwnts, or perfons in polTedior, to .-.'torn to pay rent to creditor, and to be diftrained or removed as «fbrefaid. Appraifement of fuch rents or eftiite to be maJe in writing, and li;;inft;nt lo. Creditor is bound to accept fuch p.iyment,, and furrender the eftate to the debtor, with the fpiict |"i!K.'irion ; and 'he dtibtor, ifhe fee fit, miy have amnion of account againfl (he creditor : But if th« ippraifemewof thtf efta'c Le of g-c-'T Value than the dtbt, then the creditor, within thirty d:iys at'er the expiration of the two years, (hjll 6»uft the falc of til'- ^r."r!iffs at r.ub'ic atinim, to be advcrti^'d ; and tha Provoll .Marlhal is to fill the fame, and execute a deed-to the purchafer, vhirii, when rcgll^crtd, fliall make him a title in fee iimple. If lands fell for more than-the debt, Ac. the creditor to piv the fnr- p!iif to t!-.» dihtor, .ind nc count fcr r'.nts and profit?, deducing repair-!. But ifthe lartils fell for Icrf',, the creditor to hive an alias cxi-cutio' . 'i'lie riglit of rcderrp'icn to reniam always open to the creditor, until final fale. If reiJertate, upon apprailemint, l>c lounil infufriLicnt 'o pay di;bi, or if the rent at the end of two years be infufficirnt, then an allai execution to ifFuo : On wliich rl'e otl'T' clTci?J-, of t!»e debtor or his body may be taken. But. poor iirfulvent debtors are not to be detaincdcontrary to the law (1! tlic I'rOivince. l\ 55. btiit, 3d, 4tii, Geo. 3'.!. Cap 8, Sec. i, 2: No. 4. Debtor?, or perfons inpnirilTioTi of lands taV:«n in exceutlftis who fliall rcTufc tn -I'torn to, an.l p.iv, the r-editnr the rent fix'. 1 by the appraifcrs, to be profrcuted for a wrongful detainer; and where the rent', (t'lhc l.inds a'c found inf|i !icicni t.t pay debt, the creditor is to fix the rent ; and part) rcfuGng to atturo according to the for.a iu lUe .\il, a.iJ w pay L.h :ci*., is i.k.Wifi to b; prjfjcaic.l .is before. StJt. F^ i8c. Stat. 13th, and 14th, GeOo 3CI. Cap. 4, Sec. 1,2: No. 5. Notice of the Me ethnSt, ifrlmte erexeicutSon, to be fiiven in the oewt-paper, and in fome public place near where the lands lie, at leaft three times during three months before fale. Where exe ' cution (hall be levied on p.irt of the lantlii, a]'.pr may, ii they hare title, fue for lands fo fold, if witliio ' fill' years after irapcdimeot lemovedi ' TITLE 55- Law Suits.- P; 254. Stat.«^84h, Geo. 3cl. Cap. 5,'Scc. 1, 2 : No. 1. Dtrfendant in any caufe pending in a Court of Record, or before a JulUce^ ni*V fiW'his fet'off four days before the Courf, or witb a Jiiftice r.ny time before the tri»l ; andboih demands on ilTue joined, arc to be'triid, and jodflment given accordinfrtyr If defendant, on lri.il, is unable to prote his off^liuntiff', which he is then unablctu prove.. beci 3 : No. 2. If it 'hall appear to the Court, i1i.it the plaintilf, in an a£lioo, had an op|iMtunhy of ple'adin^ his demand as a -{(It offt (t>i^ plaintHf (hall- pay cod, tbougb.a rerdiiit bein his favor. '' <^ i TITLE 56. Leather. P. 148. Stat. Sth, and pth, Geo. 3d. Cap. 4, Sec. n. : No. I. No drt/ftd leaibcr to be eitjiofrd to fnli; until vicwTil, fl*n>p ed and marlced, by the proper oflic;r, under psna'ty of f.venty (Iiillrngs for every bide, a id five ihiliinys lor eiiiy /kin. The tirfl Ititcr uf the town in llie I'rovince Alicie the Icnt'ier is nianuniiflund, (UA\ be ni.irkeii on the (kin, together wiih tlie wcijilit t!ur«tpf, by the prop'T ofl cer, wlio ft.i!! receive three pence for u hide, and One penny for a fein. Any ptilon ConviiScd bcjoic two JuiUct* «f coumerfiiiting the (ia.iip, dial! forlcit ten fouai';. £fc. 46 TITLK 5^-57' Sec. 4 : No. 2. ^ •.'•', ', - Penaides lo it tMovercd before two Juflicet, aad levied by litilrcfi j ud /or wtat thereoft oScsder to iw imprifuncd «oc inosth ; half peoaltytg UkfruMiBfincr,aiul luli to. ibc poor. M« «■< -.-wMvawiftvHieMi^ TITLE 57. Licenfed Houfes. i\ 41 1. Stat. 39tli, Geo. 3d. Cap. 13, Sec. 1, 2, 3, 4 *• No. i. ■--. ■ No perfoni. (lireiAIy or ijuJire£lI]b todiTpoIeofrpiriiuous firong liquors, wine, ale, beer, or cyder, roixt, or utunixt, withott licence, under a pen.ilty of not Icfs than 5I. or more than lol. to be recovered before two Ju(H(-es, and levieled houfes, on the pcninfula of HaliUx, to pay 61. yearly, and, in other pares of the Profince, 3I. One qu .rter to be paid in advince. Jultices may, where occaiion ihall require, on the public roads, grant licences gratis. •fiec. 7, 8 : No. 3. Juf^ices to appoint a d.->y in every Sprirg fii (Hons. to grant licences ; and all licences jt anted any other ,4fay to be void ; on which day the Clerk ihall inuve the quanti's ad"ance, ai^d take a lift of their pljces uf abode. In cafe the petfon nominated tor a lic<.nce ihould nc^ltct 10 i;ike it out, i r fliould die, ot his licence become vacant, the beliions may, in any future Sediun, grant a licence to anothir in liis Ittait ; and, except in tnc Town of Halifax, all perfons licenfed (hall keep « fign, with entertairimcDt lor m^inand horfe, an !, at Icaft, two (pare beds, with meat, drink, liable s, hay, and provender for man ar.d hirie ; oihi-iwifc the lit.ence to be t.ikcn away. Sec. 9 : No. 4. T.ivein kce|)ersnot to fuffer diforderly pL-rf ins, hired fervants, apprentices, or minors, to refcrt to their ho«- {'S, or to have liqui/t ihrriin ; nor tDlutl.r ptiions, notbenig (ti.,.,gers, ui Ijcig^rs, 10 refort there on the Loi'.l'sday ; a JuiHce on his own view, or on corrpl.iint, en Outli, to t-oniniit luc;i ptiiun, ui;iclb ne givis ficurity to appear at next Scfiioiij, where he may be indi>fled, and, if convi>;t^d, Ihall forfeit Ins licence, and pay the penalty ul his bond. The^ih and 9th Seiitions of this Ae'l to te polled vp in e\ery pujiic rooai m a uvcrn. Sec. 10, 11: No. 5. Shop licences may be granted to retail not lefs than one quart of liquor, except at Halifax, where a gill nav l)e retailed ; faeh licenfes, at lialilax, to pay a yearly duty of 4I. and in tlie red of the Fruvince forty (hilliiijjs, with a te.; of live (hillings to the Clerk ; one quarter tu be paiJ in advance. If perfons having llup li^;eni;t$, fuffer liquor to be draiik in iucii lhi)p, ihty Ili.Ji be punilhed as lor felling without licence, and (lull keep tiio lentli fe(ilion polled up in tlv.ir lliop, un. WI'nefTts rcfilfing to give evidence, or niiilj^Iiavin;;, to forfeit lol. and, for.Avanl thereof, to lie imprifon- cd tlirec months. WitO'lTes to be paid f jr a .eiiJaiice ; Halt oi all p:na.tici to go to intjimei, and the other half p:iid to the CIcik of LictBcts, to bo by him accounted fur. Sec. 14, 15. 16, 17, .1^: No. 7. • • Clerk at 11, difax to pny amount of coHeilions, quarterly, into the treufury, d lewn. No menfy to be jiiid fyr fucb w«rk out of the Treafurjri upti! tbt StfTioni amt Crai|d Jury (hall esan-.Ut the a-coumti and ctrtify the famci which certificate (bill be anntxed to the warrant. Clerks of the Licence, throughout the lelk of the Frorince, lo pay into the County Trcalury t and the Jullicct are tocaufe the money to be expended on the roadi. Cle:ks nrglefling to pay over the tnonie} received, to forfeit double the Turns. Cletki to vifit taverns and (hops to fee this A& complied , «itb, t* prOfcCtiK offeodtrf, an4 to befworn f^ithfuJIy 10 do |heir duty ; and perfons interrupting ihem In doiny* their duiyi \'\Mf tobc i. :liA(d,and imprilontd- 'i'h< Goverr n tn ai ,)c nt the Clerk of I.ircnces at Halifax ( and the Ju((ices in StiTioBt, en tbe leroi' idation of the C>'4nd Jury, o.^ppc'nt the Clerks io (h« reA of ^h.; Province, during, plofure.' Sec. ..,20, il, 23 No. 8. K .goods, or merchandize, to be Md in a tavern, under penalty of29l. Ifa quarter's p.tym'nt be' diH' te^ davt, the Clerk rr>iy file Uk parties' bond Lkforc a Jul'ie I the CUikofthe Teacc toreadthis Aft eviry Spring Stflions. ' A& '. i.ted fcr a year. ' , P. 430. Stnt 40th, veu> 3d- Cap. 14, Sec- i : No. 9. .* , That patt of ilie ^ft which prevented poods from being (old in 11 Ta- vrrij or liqMcr diank in n /hop, is r "(. ..i do,.fuch licence to be poflcd up ia the (liop or tavern. P. 445. Stat. 41(1, GeOi 3d. Cap. la, Sec. 1,2: No. 10. Kecperi of Licenfed Houfes obliged to pay the Cktk of tht - Peace 28. 6d.for taking and entering the recognizance.- p. 48b. StaT 44th, Geo. 3d. Cap. 5, Sec. 1. LiccDce. Duty Adt continued to 3 ill December, 1805. ,1 i>.u. P.' 43- P. ^S3- TITLE 58, Light-Houfe. Stat. 33d, Geo. 2d. Cap. 2, Sec 1, 2, 3, 4, 5 : No. i. R'xit?3 the feuildinq of a Liplit-II:>iif.' on SimbroTflini! putfuant to tke Stafutos of lafl Seflion ; aid impofes a duty of (ixpence pc ton on all vi (Vcli cominti in u liulifa.t hat hour, exct'pt coafters, and (iihing vt.(r.ls, and vfiTels in His Majcfly's ftrvice ; iftliiir cl:.iittr excni|it them from jirt tliargcs ; du;y tc be- paid on vc(rcls going out, and before clearance. Frechw*«(«rs o( t^e i'loiiice » (..ly for th^ir v, fLIs oiilv +il. pci "''H ; tlit ('n'y, if r..Fufeil, to be recovered, if exceeding forty (hillings, before two juihcjs ; il "cfa, ikioic one. N'li vtfTtlto be (V.ii hI a Hlhing ~ or a coafter, unle« employed us fu-.h w'- " within the Vioriiict. Coaiiors to |iay Monies collected to bcapjilicd to lujjpoi i the Li> i.i lloiui. ; iuiplus to be for the ul-; o*^;he gov.rn- Scc. i : No. 2. ftfTel, unlt'ls wholly employed therein Isventy (hillings per anotim. ment,' Sut. 28th, Geo. 3d. Cap. 3, A II ve(ri;h coming io, or golnj out, of tha h..rbour v( Shel'jurri;, .ii'e' ifl of Jan. 1788, (hall pay 4d. perton tofupporttlie Li|;Ii'-J !>ur; rlure. C >a'ferj, t;,liin^ vcfl' Is, ind tr.infiniti., in tlic Kirq'j fifvice, if exempt by tlitir chirter, are excepted ; and velfcls i/V.r.fd by frt'e^oidirs to |ay only 3J. ptr ton dwiy, tu Lc jmii.; be. fore clearing out vcflel, and may be fucd :°or before two Ju(ti.:es. Receiver to be .ippoiiited by the Governor. Sec. 2, 3 : No. 3. No velTels to be deemed coadint; O' (ili.ng vclTcIs, unlc's wholly cmpiuyedtheicln ; coaflirgvc(u pay twenty (hillings a year, and one Ihillinjr for every ton above twenty t.ms.; money to be paid imo :'r i'i'o-.lnce i'l applied to fupport tlte Light-Houfe ; furplus to go to other ul'es of govcmmei.t. P. 327. Stat. 33d, Geo. 3d. Cap. 16, Sec. 1, 2, 3 : No. 4. Rfgidered velTds, not wholly employed in the :1 which do not eflme once in the year to Halifax-, andShelburne, ?' '! there pay the liglt duty, ih.ill pay yi.iiiy in iL: wbieh they belong,, four pence jpcr ton; all \ Sto and :i ."■'/, :ind IniiK-iT to cu:. .-.: .J. .48 TITIiE J8-J9. 'i;kWferc4t»gereMiH««tt«itc«pterf.) thn fltall ent«r any li;ir Vi eth«rwiKi to lurni Uic fitmc Ton petidd not greun than aycv* Sec. 4t 5i 6 : No. 5. Perfom, nfter demand, who rerufetft pay Jhtduty, W i1*pari wJiTkiuI paying the Ctow, (hall furfrij 5I. over andabAve the dutieii to b« rccuvcrril in a Ceurt ot'Record, and the 'C«U«Clor may feize the «cliVI. and loHgu the fame with Ike nrarelt Cullotn-Hdufe Officer, until the fine and dutiei be pnid.or Tecuriiy jiven } raMMM atiing tMm «kU Ail to j|« to A£l of the 33 . 34.. Stat.-32dj Geo. 2d. Cap. 24,800. i, 2 ' J No. I. All Aftions, both in law or equity, ifor the reeoTery of lands, (hull be commenced \\it));n twenty years, after ticie therefo has accrued, right of entry is taken a\( ay after twenty years, and tl-ofe who ncglcifl to enter witltin that time, are forever excluded. ■ ^Mnwi, fetm: cavorts, perfuns nan compct, and perlons imprifoncd, , or beyond feas, at the time title accrued, exempted, in (afc they commence their fuit \vithin ten years uftir impediment removed. Sec. 4. 5, 6, 7, 8, 9 : No. 2. ^flionsef ircfpafsi-jUiTrf ir/'(JK/um;/r(y;V,tntfpiifs, detinue trover, rcf levin debt, \tlicn on contraifl, wiiliout fpeciahy, alTault, t^jenact.Uittcry, wounding and imprilonmrnt, aijlions of account, and upon the cafe, (other tliati accDun s concerning tiade bcrveen merchant and merchant) wuft be cofTimenced within -tiic foUo'.viog periods : that is to fay, the : faid aiflions on the cafe, (other than for (lander) account, trel"p.'ifs,drcb!, dttinuc, replevin, and irelpafs, quart daujumfreg'ttt wuhio iix years after oaufc of ailion, and a(3ii)ns of trefpafs, ad^iult, battery, wounding and imprilonment, within one year j and a^>ions- fia the cafe, f^T wjrds, withta (ix months after words ifcXm^', and where judjinunt in any of the ai'urefaid a£lions Itiall be re yttiiii TITLE 59-60. 49 'rarerftd, or arrtlltdi after verdiA for phintifT* or where UifldeftnclMthu b«etimitlawnli and jiAcrwarritfhAll rtverC: fuch (>utlzwry, fuch taioni may be re-ccmnnnccd *i if dampgo ire found under 40). the plaintifT (hall recover 00 more than 401. colt, unlefa invaioni of alTauli and bttery, or (refpafi | the Judge (hall eotify 011 the Record that the aflault wai fufficiently proved) or that the title of the land wat chit/)y in crr>nt non tmiict mm<>/, imprifoned, or beyond fea, at the time the tight to any of the afurefaid anions accrued, m&y commence ihs fame within the timet before limited, after fuch impediment be removed ; and if the pcrfon or perfons who mny be liable to uny of the aforefaid a^)ioni, be beyond fea when ihe a^iion accrued, the plainiiffmay bring fucbiAion after dcfrndani'i return, if done within the timei refpeiSivcly limited at aforefaid. p. 36t. Stat. 36th, Geo. 3(1. Cap. 4, Sec. t : No. 3. In all aflioni of trefpafs for entering a clofc, where the title to the land is'iwt the chief queftion, plaintiff (hall give defendant notice, in wiiting, at lead feven days before the ifTuing procefs, thai he Iawiul,~and the party injured by fuch fcrvice, may recover damnncs. G 50 LofTes by Depredation of the Enemy. P. 231, Stilt. 23cl, Geo. 3<.I. Cap. 3, Sec 1, a, 3, 4 : No. i. OoTernor to appoint Commillioneri in any Countf whert required, who (lull iidv«nire tlie time and place of meeting, and (hM give fiKcial uotice to thul'tf wliu m4y have recovered judg- ment on account of lulki by tlie enemy, agamlt any inhabii.int of the Pruvince, requirin]; them to ni.tke pruof of fuch lolTca t and the C'jminiflion-n, after due cx.iinin.«iion, Ihall Ifate an account of the re.il lulfsj of ihil.- who hivi; fccov;re.| juiiumcnt, anil re- port the f^ine to the Chief Juitice, with the naiiiei of the inh.iliitunii who have liLCu initruincDul in ^M-uducing fuch loflei i and if purtics reful.; !j .ijipc^r, Commillioncrs nuy make an expartt report. Sec. 5, 6 : No. 2. Supreme Cuuri to ex.tmine report, and if it appear that any fuch juiljjmfnM havebeon improperly obiajn. ed, or that others ought to contribute to the ptynieiit thereof, Supreme Court ni.iv fci luch j>Klj;nn;nt ad Jo, uii I ni.iy oi J.t iht a- mount of the red lufs to be airclll' I <>n the pt-iloni who Ihiuld iiuke good thu fame i and tlie cKecutioti ufalt iukUjuJjtmeuti j» luf;:cndcd uatil the Court ih.iil have examined t)ic fame. P. 463- TITLE 62. Markets. ,r. 9. Stat. j2d, Geo. 2d. Cap- 10, Sec. i, c, 3 : No. i. Live (bck, (oxen «nd (heep excepted) dead frelli prnvifions, B'Kin, hay, roots, and garden 'I f, imported for fale, (hall fae cried, .in J expofcd for fiile, 48 hours before the (.>nie lliall be fold at wholcfalo, under pain of fort('iiuie. Not to extend to flour, buifcuit, or lilb, articles in a perilluble (late may by pcrmitliou b.' foM. (Jduiccs to be profccuK.i'l within tci> days. p. 396. titat. 39th, Geo. 3d. C.ip. I, Sec. ii 2, 3 : No. 2. Governor to appoint Commi(rioners> to rei^ir, or rebuild, the mnrket-houfe in Ilalifix, and to build a vegetable market, al''o lo build a country market. Commiilioners to appoint a keeper, or keepers, and receiver of the rents of fuch markets, with an allowance for their trouble. Commilltoners to account for tlie nio nies cxpcndtd on futh buildin^f, and for the rcntf, aad all monies received. Conmiilfioiiers to let thi; llalls at Auf)i(m : ,i quar- ter's rent to be paid iaadvauc ; arrears of rent to be recuvered before a Jullice, and defauttcr excluded fiom his Itai!, which fliall be let again. Sec. 4, 5 : No. 3. Butclicrr, and journeymen, ta conform to the regulations of the .Sedions. After the town market (hall be ready all meat and poultiy ilrall be fold by huith.-rs in the m irket-houf:, during marlcet hours, under penalty of 5 1. Market hours fro-n fun-rifing to fjn-fctting, and on Saturdays two hours after fuo-fet, and on dundays from fun-riling until nine o'clock. Sec. 6, 7, 8 : No. 4. CoMPirymen, and their fervants, may fell their meat in all places, and at all hours, rdive or dead : tivo- Jiifliccsto notify any peifon \\\\o '.hall jiretcnd t'> fcil meat as a countryman, and fuch ptrfon (hall f>rfeii, afti-r fuch notice, los. fur f very otFence. Stalls in ihc country market to be let at a (hilling per day to countiymen : not exceeding (even days to one pi'ifon. Weights, fcalts and meafuies, to be provided (ir fuch maikcts ; and, if lod, the value to he paid by thufe having the ul: of the lame. Scfiijns to reguLte ths country m.^rket, and perfons not conforming thcceto to forfeit, for each oft'ence, los. Scc« 9 : No. 5. Comniifiio'crt to fettle withthc Tru(l>.cs of the (ih-markef, and to have the fame, with the vegetable market, under ihcir cave, and to receive the rent:). S.(riOH5 to regulate thife markets as afoiefaid. Sec. 10, 11, 12, 13, t4, 15 : No. 6. Keeper 1 1 attend during market hours ; and he, and alfo the Clerks of the Matket, (hall feize ail meat, (ilh and fowl, tainte.l, bl.iwn, (I lif, J, or deceitfully fet otF, or otfcreJ for fale cotitrary to the rfgulaiions of the SelTions : two Jullices to view and condemn the !"aii>e, and order it to the pior, or to be dtflroyed if the finic be unilt for food. JuHites may Hne the P'.ifon cxpofiiig t!)e fiine los. Contrailorslor fupplying Army or Navy not rellrained to the rule.s in this Ai5l contained. But- ch is unl.i'.vfally combining tivr-ther t) j)ay a fine not exceeding 50K Keeper and Cleiks of the Market, to take an oalh to exc- cue tliis .\.!>, and the rc^al.itiois of vSe:l%oiis. Penalties ind t'ori'eitures, not othcrwife provided for, to be recovered before two Jiildci's : half t.j the prufcuior and half to the CommilTion ts. The rents to be applied, by the CommilTioncis to pay falarics, a;;d i>ther purpafcs necelfiry to give tflfeil to this Afl. Former A^i rtfpeiling the maikets of Halifax tcpeaitd. .. 4C7. Si.it. 39111,000. 3d, Ca,i 8, Sc<. I, 2 : No. 7. Judiocs in .StlTicns for Queen's Cniir.ty may procure, and fit up, a raarkcl-h-'ufe, in the tftwc of Liverpool, and aj^jioint ibe ir.aiketdajs ; ibe Ail agau.lt foictlallirg (liall be ia foice in Queen's Cuunty » |)f Countf where I recovered judg. jfuch kflcR i «nd Kmcnt, iirut re- \'g fucli luiTei t [properly obtijn. 'V OlJ.T lilt a. lukKjuJ^iiie.iiiJk TITLE 6fl.6j. 5« Cmmt I •«« /mJi wirtiit ftitl li «fliM(lif4, jHAIfN m •Meiat, •nil. ii f\t»firt, t* rtmtfi. titt kMMn wht fk«ll hi«i iht power of a craftablc, Md mty imIm kycJiwi lo rfgiilat* fucli market, profldcd il>e fAine arc nut repugnant lo tlm l^vi of Grea:- P. 463. Stat. 4ad, Goo. 3d. Cap, 13, Sec i, a: No. 8. Commlflioiitf i of rtie Market may lei ftalli n euAion in tht eouniry market 10 the town buicherti. No butcher to ha*c more than one uhere ure three tlalli to be reftreed for countrymen ; buichrrt in the coaniry market ««defubjc« to tkefciBC ragiOatioBao » the lownaaikci. A kacfcr to be apyeiowd. I^uratioaofibit f"» provifionj, Hull be fold at permiffioii b ■ or rebuild, t/u 'oint a keeper, unt for the ni.i '■Sion : 4 qu notice, I OS, en days to onj having ihc uls ice, I OS. table market, all meat, fiili two Judices ni.yman refufing to make publication, or to marry parties after publication, or licence, to forfeit 50!. and liable to aa aAion at the fuit of either of the parties grieved. Sec. 4, 5 : No. a. Polygamy declared to be felony, onlefs former marriage declared void, or fentence of divorce had before Governor and Couacii. Attainder not to work corruption of blood, lofs of dower, or inheritance. See. 6,7 : No. 3. Governor and Council to take cognizance of all matters refpefling prnhi'uited marriages and divorcrs. Mairiage to be void for caufe of impotence, or kindred within the degrees prohibited by the jzd of Henry VHI. Divorce to b» for thok caufes, and for adultery and defertion. , Sec. 8, 9 : No. 4. Inccft puniflied with pillory for one hour, and fine of 50I. or (ix months imprifonment ; Adultery puninicd with fine «f 50I. or Cx montlis imprifonment, and party, nevertlieli.fs, to be fubjcilt to an ai5lionof Janiigcs. P. 67. Stat. I ft- Geo. 3d. Cap. 4, Sec. 1, 2 : No. 5. Proprietor's Clerk in each towndiip, where no parifli fhall be ediiblifhed to regifler marriages, births and deaths : his fee 'tix):(nc«,and fi\c lliillings penalty on thole u lio rclule to give notice to fuch CIcik. or to pay his fee, to be recovered before one Juliice. Such rtgiiliy to be evidence in a Court of Record. V, 6g. Stat. I ft, Geo. 3d. Ca^^ 7, Sec. i, 2: No. 6. Marriage to be null and void for no other cuufe fave impotence, pre- contract, kindred within the degrers prohibited, adultery xuU ciuehy. P. 226. Stat. 22d, Geo.3d. Cap. 3, Sec. i : No. 7. Town Clerks to rc;;ifler mariijgss, &c. iwHead of Propriiioij Clerks un- der the penalty mentioned in former Afl : fee onelliilling for each regiliry. Sec. 3 : No. 8. Town Clerks to take a copy of the regiHry kept by the Miniders, to which future mariiagci, dtiths, 'ic. in each townfliip, is to be added. r. 316. Star. 33d, Ceo. 311. Cap. 5, Sec. i, 2, 3 : No, 9. M,irri:igc3 hctofore filcmnizeJ in the preferce of one c>r more witnelTcs before Magiflrates or Lay Pcrfons, if the parties have cohabited, are made valid, and ilic i'icc of (uch t'.nri, j^cs (Uclsred legitimate, and the peifons cluivatin^ thtfanii- indcnmii^cd aj;aiii!t i.ny penalty. 52 p. J48. TITLE 63.64. Sut. ;;;>Ji, Geo. }d. Cap* a,Se«. I, 3,3,4: No. 10. In the Townihip or DilirlA nAitn «o re|ttUr tieMtcd Cf«r» gyman refldej, tbe Governor may appoint proper perfnns to folemnizc marriage : and fuch marriages are declared valid ; the perfons fo appointed flinll. under penalty uf lo!. file a certificate o> each marriage, within thirty days, with the Clerl^ of the Peace, who (hall record the fame nnder a penally ofjl. Penalties to be recovered in a Court of Record ; half to go to the j«or, and half ta the informer, ^udirccord to be i«c«ived a» legal cvi/Jcace. TITLE 64. Militia. -^* Sec. 3, 4, 5, 6 P. 351. Stat. 35th, Geo. 3d. Cip. 6, Sec. i, 2 : No. 1. Every perfon, between Ga Officer to call a meet- ing of tlie commanding Officers of Companies every year, in March, at which meeting the diftrifls are to be regulated, and the number of men fettled for each company ; general regulations are alfoto b* made for thedrefs and difciplineof the regiment, but no^'. to be carried into effeifl until approved by the Commander in Chief, except as to the extent of dillridli, ind number of men in the companies ; and the appliciiion ofall fines are to be accounted fur in the S«6r«tary'9 office. Sec. 16, 17, 18, 19, 20, 21, 22 : No. 5. Officers not obliged to do any duty under th* lanV of their commillion, except fuch as have rcfigned. Miliuato matchto all parts of the Province, on an attack, if ardered by the "^vcrnor ; where occafion (ball require it the roiiimaniiing officer n-ay order the militia on fervice without waiting for the Commander in Chief's ordors, but muft inform him by exprcfs of the occafion. Comnianding Ohicer may prefs men, hoifts, 'f.c. if the occafion iccjuire it : the expcnc? tc be paid. Rogul jr Rollers to be kept t* rt^uUte ilic otea next for duty, aud the muiiia, called oakrvicc, arc to Ketntd Cf«r. •d ; the perfonj Peace, who >or, smdbalfta led in the mi- ents by coun- and artillery Jinient : com. or more than nuinberi, and ^(hillings and compa lies to laity lor neg. f>t from train - leeding three ^ft : his pay !• Clerks of I in compa- r : and made :rfons cfaim. I call a meet- led, and the tgiment, but \brt oCmut commi/Roi>, lor : where m ChicPj ion »c(jjire lervice, arc 10 TITLE 64. 53- tj b» regutated thereby : ind tlic men are to We obedient to their commandiag •ffieert t ind, for mifbehariour, officers and men may be tried by 9 Court-Martial ; during a^ual fervice the Gofernor nuy order a General Court-Martial 1 th.: crimes of Mutiny' o'r Defer^ioii may be poniftied with death, all other offrnccs by fine and imprifonment ( members of Courts Martial Ihall be fworn ( tweJv* HMmbers muft agree to a fentencc of death ) Judge Adtocatc to be appointed and fworn. Sec> 23, 24, 25 : No. 6* When the Militia is called on fervice volunteers fball be excepted, each rnlunieer may exempt ' another perftn from ferving, the rem,'.inderofihe number wanted are to be baltotted for ; the mode ofbalbtingis regutsted,and a fine impofcd on thofe who refufe to ferve, or find a fubllitute ; pcrforts who have fcrved are exempted from beinj> drafted, until nil the relt have fcrved. Quakers are exempted from fcrving, but mult pay for a fubilituie, and, in lisitof training days, mull work four additionsl d^iys on the highways. Sec. 26, 27 : No. 7. Militia, when called on fervice, other than mounting the ordinary g'nrdi in the town and county, fliall be paid— the Officers the fame as tliofe in the regular fervice, Serjeants is. ad. per day, Curpur; to continue one year. P. 380, Stat. 36111, Geo. 3d. Cap. jo, Sec. i, 2, 3 : No. i u A Militia .r.r.?<, w^t is ordered on a working party, fliall forfeit a fnin not exceeding tos. if he refiife or neglcft to obey his othcer's lawful commands. Militia tobe called out only four times in the year. Ai'i tocuntiMje for o.ic year, P. 387. Stai. 37th, Geo. 3d. Cap. 6, Sec. 1, 2, 3 : No. 12. When the niiliii* f; dl be called into fervice the Corii- manding Officevs of Militi.t it Halifax (hall apportion the number of draught ; to be furiiilh 1 hy the lalwnrcrs m the ICn^ineer's Department and Naval Yard, and procure fublhtutes in thc!' (lead, .ind the cKpcnce to be airciTcd in propottion to i'ljir pay, and, on refufal, the fame ihail be levied by clidrcfs, or imprifoninent ; parties m.iy liad their own fubllitulGi. Ail limited to a ye^r. Sut. 40th, Goo 3d. Cap. 18, Sec. i, 2, 3 : No. 13. Soldiers, on a march, (hall be billeted and provided fur the fame as the Mifiti* arc ; a foldier's dinner tobe charged nine-pence, and breaklall and fuppt.r one third Id's ; wlien a roux (hall be granted for foldiets to march, the Province to pay fur afoldicr's dinner, proviJedihc whole exjv;nce do nut ei^cecJ, in one year, jool- Sec. 4, 5 ; No. 14. Two Juflices to provide, for foWiors on their march, hnrfit, carts and waggons, : a fiugte hot.'e ">■(, and driver to ii.p.id one (hilling per niik-, and not to ca: . y mure than joo weight, and nine-pcnc"- per mile tu ho paiil t.'t every adJi - onil hoi fc, the aJdiiional weight for each horfe not to exceei) co„ weight j for every hour's deuniion 2s. 6d. Omcri H) RraRl certificates for fervices performed, Pcifons refufing, wh n ordered, 10 fuinilh carriages and hotles lub;ei!t to a fuio of 40s. Oli.'cer over loatlingor abiifmg horles, carts or drivers, taking tiem of his own au'hority , or compel iiivg them to travJ ni>)ie th.in 2i 1111 Ic3 in one d.iy, to forfeit ^.os. bcGdcs btii.g lubie tor all damage. Moifes or cirria«es, procecdinij on a journ.) ; nji iiabie to be lancii. Sec. 6, 7, 8: No- 15. AH fines and forfeitures, under this A<5>, to ge to the Militia ; ComnianJinj; Oflicers, ul.:n they ni.!;e a return, purfuant to law, to the Adjutant-CieDtial, to fend an account of tlie e.xpeiidiiurc of lines and loriciimes, .:iJe.- pe.Ta'ty 'A- 20I. This Aft mflde applicable to flie militia fervice, as well as the regular ai my. r. 479. Stat. 44th, Geo. 3d. Cap. 4, Set. i, 2: No. j6. The Ciivernor to rff;ii!ate the miirVrof men to hr in .Artillery Companies, ferfons who enter the OrenaJitr or Lig-t- Infantry Compar.ies, ate obltg-'d to feivt tlieaii) lor I'f.ie ;pt;.r ■, m i> la diey remove out of the County. '''■'' 43^ 54 TITLE 64.65-66. Sec. 3,4 : No. 17. Where there are not a fufllcieat aumber of vnvn, Mdicn or milith WkJ tx billeted ttl «hcr h«ift keeper:, and all the Militia Laws are continued to 3 ift Deaerober» iSojt TITLE es. Mile Stones. P. 278. Stat. 30th, Geo. 3d. Cap. 3,' Sec. i : No. i. Ferfont deftroying, or injuring a mile flone, or poft, en the pub'i roads, sn convi£lioD before two Juftices, to pay 40s. and if unable to pay to bt whipped, not to exceed thirty laAci. TITLE 66. Navigation Security. P. 'a4i. Stat. 25th, Geo- 3d. Cap. 5, Sec. 1,2: No. i. Tons, by :iny means, deffroying buoyi, beacons, or Tea marks, placed, ly order of the Go»ernor, in any part of the Prorince, fliall, on cotiviilion before two Judiccs, forfeit lool. and on failure of payment to be imprifoned twelve months ; perfuns making fail thereto (hall be, in like manner, fined 20I. or imprifuned fix months. ^^' Z^S" Stat. 33d. Geo. 3d- Cap. 3, Sec. : : No. 2. No ballifl to be thrown from any trelTcl below high water mark, into* or at, the entrance of any port, harbour, river or creek, and the pcrfon, fo doing, fliall be obliged to remove the fame'.or p»y 25!. lu be recovered before two Juflices : half to the informer, and half to the poor ; and appeal it given to the Inferior Court. P. .146. Stat. 41ft, Geo. 3d. Cap. 14, Sec- 1,2^3, 4 : No. 3. Goods fhipwrecked on the coafts of this Province, or of tlic I He of S ilijc, or fooid floating fo near the ceaft as to be within foundings, (hall be prtferved for the riglit owners. Sheriffs. Coronc;s, Orficcrs of the Cuftoms, or of the Impolt or Excife, or Juftices of the Peace, tu have notice given them otth" (hipwreck, apr) fliall take me;iriirts to prcfcrve th' property ; perfuns plundering, or taking away, fliipwrecked gooils, or iujurii'g perfons {•..(.krtvoiing to favt th'<;r;lves from tlie wreck, 01 who (hall put outfalfe lights, AihII fjfTer death ; but if the poods be under the value of 40s. the pcrfon conviv^ed (hall fuffer as for pe'.lt larceny. Juftices to iffue Search Warrants, an(| commit offenders. The laid officers may coniraand pcrfons to aflifl, and a Jufticc may commit petfotjs who refuff to affifl, "r dilobev orders j and, if lonvii.T -J at the Scirions, fuch uerfons may be fin_'d, not exceeding 50I. or be committed for fix mont!>< ; perfons alFiliing fhali V'lihin tl.irty days, be piid a reafonable reward, and tiie officers may reiain the pt p-ity until the cliaracs ihall be pai.l ; no reward tv) be p.iiil but to thofe who the olficers certify performed th*ii' duty. iMhere be any ilif|iute alvmt 'lie quantum, the lame fliall be fettled by a relcrence to three Jullices of the Peace, and the fum fo adjufled may be recovered by ailion at law. 11 no jierfon Hi,!'. ap['cav to claim goods, or they be peiilhing, the officer n)ay fell foniueh as will pay tlie charges, or the whole, if in a pen 'lung (late 4 Ii3, may amend or coreft tlie fame, and give fuch Judgment as the judice of the cafe (hall require ; a perfon duing any wilfjl adl, whereby .: produce tht. lofe of the (hip or velFcl, whether in didrefs or not, (hall fuffcr death. Sec. 8, 9, 10, 1 1 : No. 5. Governor to appoint a ftriu,-. toinfpefk the Ide of Sable, who (hall have power to brinj; off from the IHaitd »ny unlicenced perfon or perfons found there, together with all goods found in their foSkldon ; Judices may order fuch perfons to be imprifoiiei), not exceeding fix mcnihs ; the goivlj found may be foK' to pay the charges of removing (uch petfon, and the fur. plus, if any, (hall be paid into the Trc.ifury for the right owners. Clerk of the Peace, under a penalty of 2«!. (hjil read this Aft kt the Of eoiog of every i>.:iEoas. Tlte duraUo.n of the AA limited foe three years, and until His Majclly's pleafure (lull be knowik f. 235. Stat. 23d, Geo. 3d. Cap. 9, Sec. i, 2, 3 TITLE 67. Papifts, No. I. Such parts of the Afls of the 32d Ceo. 2(1. C.tps. 2, and 5, asdiCible r.ipi(l!i from holding land.4 I'''4t(rtaat ctiilUien uoJcr the age of fouueeo- years.. Aft afTcnted to by His M between the ift April and id Auguft ; and every perfon who {hall fo kiil. fi'll, expAfe, buy, or have in poireHion, a partrid;;e, or duck, (hall forfeit, for each, ten fliiilings, to be recovered before « JuAicc | not "> extend to an IndiaOf ^r poor fcttler, killing the fame for their own nfe. TITLE 69. Penalties. P. 144. btat. 8 th, Geo. 3d. Cap. 10, Sec. i : No. i. In all aflioai for (he penalties of bonds, contrads, or agreements, the Court, on due proof, (hall direft a verdiA for the juft fum due on the condition, with damages aodcolis for the non-performance^ and, on payment thereof, to caufe fatisfadiion to be entered on the judgmeai. Sec. 2, 3 : No. 2. Defendant, if he has paid the itoney, may plead it in barto an aAion of debt, on a /ingle bill, or to a /(ire faciat on a judgment ; and if the aAion be on a bond, \''ith a condition t» wake the Cime void on paying a iefs fern, if de- TendiiDt has paid principal and interell before a^ion brought, iie miy plead it in bar, and the fame fhall be as good as if paid e|i the day, and if ;,todiDg the fuit, principal, intercft,and coil, be tendered in Court, defendant ihall be difcharged. TITLE 70. Perfons leaving Province. R 3;. "Stat. 3 2d. Geo. 2d. Cap 23, Sec. 1 : No. 1. Perfons about to leave the Province tmft obtain a fafs, and, before the fame be granted, they mud publiilli .a. i.-riames.4it the SeCTctary's ofHce for feven days before, at which time, if not under- wrote, the Secretary is bound to gri r.: th^ -U, u-Jer r penalty of jol. to be recovered by -the ityured. party m a Court of Re- cord. Secretary's fee for fuch pafs, oni 'I.-l.tliijj,, Sec. 2 : No. 2. Direfls the form of the pals. Sec. 3, 4,5, 6 : No. 3. Wh'.'K»;r fiiJK.Vie'!^ to •>« gfjiWigofi piA, Sy writing his name at the "Secretary's office, under that of the party applying for the j ,j, jlUeiiiy ihff dtbt, and tin: ciufe thereof^ by affidavit, icforc a Jullice, which affidavit TITLE 70-71. ^7 affidavit Is to be delivered to the Secref»ry, who dial! take good fecurity fron ihc perfon underwrote 10 tlie amount of the debt or ■ debts verified againdhim according to the form of the boni prefcribed, and (hall be allowed 2s. 6d. for fjch bund; perfons im- derwriting another to enter their fuit at the next Inferior Court, or othcrwKe to bi" barred from their ailtiun ; on giving fecurily the pafs to be granted to the party applying for it, and the bond to be delivered to the pariv underwriting the other, who may recover thereon his debt and cof*, Perfons wanting a pafs before the feven days expire, may iiAVi it, on jjiving a general fecurity to pay all debts contracted by ti.em in the Province. Sec. 7 : No. 4. PalTes, in the out-porti, to be had fr»m the Commanding-Officer, »r fuch perfon k the Governor (hall appoint. 5- Military perfons may depart with a fpecial permiflion, under :he hand of the Commander in Cliicf. 6. Perfons cbjeiling to the granting a pafs, without caufe, made liable to an ailion of damages. • .7. Mafter of veflTel made liable W pay all damages, and 5c!. fine, if he carries a perfon from the port of Halifax, without a pafs. (except the crew brought with him), or if he leaves the haitour without a pafs from the Governor. Sec. 8: No. Sec. 9: No. Sec 10 : No 119. btat. 6th, Geo. 3d. Cap. 4, Sec. 1 : No. 8. The Adlof jadGeo. 2d. Cap. 23, extended throughout the Province. TITLE 71. Pleading. ?. 98. ind (inal judgment not to ■iji ; am! if itrrt be two :i being fujfgtrted on the m two n.rir.o .it'ter vcrdicl. Stat. 4th, Ceo. 3cl. Cap. i, Sec i : No. i. Nil judgment to be reverfed for any error, inlCiV'", erafuri?, or inter- lineation, in any record, proccfs, warrant of Attorncv, oilgi:ial wni, jianel or return, but '' ■ Ju'l^es, n. ni.iimanee ofiu iment, may amend the fane, ;ii.d all mif,:rlfion ofClciks, n tlmr dilcretion, «nd ttie (.ibdaiict ut names aid addi:ioi.$ left O'jt, except a.'ptalF, I.idifliiienls of trciiiona, leioiiics and outiawrits, fjr the fume. bcc. 2, 3 : l-u. 2. In all civil actions, a variance from the original record mav ntid (hat! be amen ' \\, and, s'.'er verdi:!, ko judpment (lull be (layed ibr utftifl citl.cr in foriii or fuLilUiict; in tli^' pleadings, but nothiiij, in this Act 1 , to extcad to ciniiual pro- fecutions of any kind. P. 99. Stat. 4.th, Geo. 3d. Cap. 2, Sec. 1,2, 3 : No. 3. Death of parties between interlocurc abate fuit, but the artion may be maintainr-i by, or againd, the executor or ad;iiinillr.itor of the part- phintifTs, or two dilcndant?, and one (lie , il; aflion iii.ili proceed for, or agaii (t, the (urvivnr, the rca/id ; death of either patty, between verdiifV and jadgincnt, Ihall not be error, if ja.lgment be ente Sec 4 : No. 4 Execii'or, or Adminidrator, ;li judgment bo Hayed or revcr(ed, after vtrdiii, for any want of form in the j li Sec 3, 4 : No. 7. After vcrdifl, judppicnt (liall not he (Ir rd cr rrfcrved for want of .in ihe perfon is proved to b; alive, or for awiirdirs; the v.'r.irc to a wiong perfon upon an iiilulhe'eiu is mifiwarded in ionie p.irt, if rue place be right named, or for niidak^; in rcturiiinj; 'lie juror's name, if it appear tiie rij'.ht perlon ■was ferved, or foi vnnt ot return, if ihc panel be annexed to the «rii, or fur want 0* .he olliccr',; :• lue to return, it it be provtd that the writ w.is rciutncil by the ijroj.'er oflierr, or for thatlhe plantiflin /■j.-tUciifJiim :, or in pcrfoi, i aClion wai a niiror, if verjiit l>e for him, or fer want of pledges, or profert of deed, or letters of adminillration, or omillion of (i>rce fV.c. or Ru millakii','; the -H c'luiliao ' nt ftiall be given, not'vithdantf- .'ing of ilfues, want of warrant ..'ty of live pounds, to fiie their iiiigs, or leturns. jvernicr.t of any life, or lives, if (uf(-_i.llii)n, or beraule the i'i///e 5« TITLE 71-72. chriftlan name, orfir-name, of tJirties.orthe fum of money, day, month, or year, fo that the fame te rjglitin tnyfirt, nor tor- •want of verifying by recurj, nor for want of right venue, ifthecaufe wa» properly tried, nor for want of entering the increafe of coif, or cofl to be given at the requel^ or confent' of party, and alt fuch omiilions, or matter of a like nature, not being igilaA the right of the fuit, or to alter the trial ; fuch miltakes may be amended in the Couct where the judgment was givcD. Sec 5 : No. 8. Upon demurrer, iffufficient matter appear upon which to give judgment, the fame (hall be given by the Judges, according to the right of the caufe, as it (hall to them appear, without regarding any of the before recited omiiBons or niiltakes, though it be matter of (ubilance, except the party demurring Ihall fpecially fet forth the fame. Sec. 6 : No. 9. Judgment on confefTion, nihil diclt, oxnon/um in/ormalut, ot oa writ of cnqairy executed, (hall not be flayed, or rcverfed, for any «if the foregoing caufes. Sec. 7, 8- : No. i o. This Ai!\ (hall extend to ali civ il ajlions at the fuit of the King, but net to any criminal fuic whatfoe* Ter, or aflion upon a penal (latute. Sec. 9 : No. ii> Mo dilatory plea to be received, unlefs veriSed hf affidavit, or the Court othenvile fatisfied of the: truth of iiicb^leat Poor. P. 94. Stat. 3d and 4th, Geo. 3(1. Cap 7, Sec. i, 2, 3, 4 : No. i. FreehoHcrs in lownfh'ps of (ifty fimfli'*, tn mt-ci annually the (irfl Monday of Jinuirv, the C.)nfta'il 5 Sav'io given tn dav' pr-vi lus !• •lof, an, I t en to cht'ofc t*''v> ui. habitants to alFcCs on '.ho real and pLTfoiiai cihte of the Inl^abitan s .he ium tlan yot. d fn fapj.ort ut tlie joor ; an I tlie fi, . l. !. deis are to vote annually at fuch meeting the money nfi-fl' y to ru;i>nit the poor, alf i pedoi.s are 'O be apnomted to collil the alRlTment : the rote to be leviej by dutrcis on peifoiis leiuilu^, on eo.ii^i.iint to a Jultice ; petfons ovtr-r.itcil to appeal to Sclliuisv wht-fe oiderlhall be final. Sec. ^,6, 7 : No. 2. Colleiflnrs to account with, and pay to, Ovcrf-ers of il>e Pnor, rtcry three months, the monev colkvled. Overfcers to proferute fuch as ret.ir.- in a Court of R' zc: .1, and to tifpofe of the nio.i. y tur ti.e vile iifpo or onl>. and to aceim t with and pay the balance in their hands to their lucctfTurs. Any peiluo c'lolcn, refuting tu ferve as Afltirjrs, or Colleflois, I'otleit forty fliiliings. p. I 26. Stat. 71)1, Geo. 3d. Cap. 3, Sec. i : No. 3. A Towi.iliip hawng 3 Jcfi number than fifty F.-ceholJers, may vote money for poor. P. 139. Scat. 8ih, Goo. 3d, Cap. 5, Sec. i, 2 : No. 4. Annual meeting of Freeholders to be, in future, on the lid TucfJay of 0.1o'j:r. Moi'tioj miy fa: a.ljj.ir v.'.l ta thi n./.t day, if the liril day be infulEcient. Sec. 3, 4, 5: No. 5. If air.iTjrs rcfufe to ferve, Fre"holJcr5 may noniin.iie others in their (lead s ColleAor ncgleflirg hii duty to tort'elt 5I. fir eacii ne;;!e,l, t ; j; recovered 1 j a Cjart »f Record, tor i.'ic ufe of ilie poor, former affcinacnu made lor I'uppoit t(f ills Fo5r c'jniirrac'J. Sut, TITLE 72. 59 IP. 146, Stat. 8th and gth, Geo. 3d. Cap. i, Sec. 1,2: No. 6. Annual meeting of FrfeholJcM to he the laft TuefJay ' of Novrmber, Overfeers (hall iflue precepts to Conlbblei to notify inbabiuDts 10 niceti and for neglefl to ilTuc fuch ptccepr, (hall foiK't lol. Sec. 3 ; No. 7 Forfciturts by AflefTors, or CoIicAors, for neglcifl, made recoTcrable before two Juftioes by diflrefs. P. 151. St .-It. 8th and glh, Geo. ^cl tap. 7, Sec. 2, 3 : No. 8. Overfeers of the Poor rcfufing to fcrve, to forfeit 5l.for the ufe ■ of the poor. P. 157. Slat, icth, Geo. 3d. Cap. i, Sec. 1,2: No. 9. The Townfliip is boiinil to relieve nntivej of it, perfons who ferved an apprenticefliipt or as a hired fcrvsnt therein for a whole year next before hs wants relief, or who (lull have fctved a public annual office thcitin, or piid one year's poor rate. Sec. 3 : No. 1 o. Perfons feeking relitf, who h^-'! not a legal fcttlement in the Town, fhall -ledare, on oath, before a Juf- tice, where his laf} abode was ; and, if he has obt^iii I a fettlcmcnt in' the Province, the copy of his. declaration, certified by the ..'JuWice, with an account of the expence, (hill be lent to the OvcrftrtiE at the place of his ftttlcmcnt, which, if they rrfufc to pay, two Juftices, by wairant, are to order pauper to be removed to the place of his proper fcttlement, the Overfeers of which are bound to receive him, and pay the expence ; and if they have no money, >hey Ihali be charged therewith until the next adelfnient. Sec. 4: No. II. Two Juftices, 00 complaint of Overfeers, to bind oat beggars, or {^toilers, for a term not exceeding a year. Sec. 5 ' No. 12. I, The fathers, grand-fatluts, mrthcrn, grand-mothers, children, or grand-children, of pnupers, if they arc // able, (hall maintain them agreeably to the order of Stfliuns, or ftiall forfeit, to the ufc of the poor, 5s. per \vi.ek. -Sec. 6, 7 : No. 13. Two Juflices, on ccmiplairt, to order Ovrifeers to feize the goods, and letoui 'he lands, of pctfons "ho abfcond, leaving a wife or chihlron chargeable on ilit- town : and, when fuch proccedinjis are confirnicil b\ the SefFidns, Ovcrftti j • may receive the renls, and (ell the gouds, and apply pmcceds to the fupporl of llie |)erfons left chargeable. Chiluim ol paitntt who have gained a fcttlement and die, (lull be nuintaiaed by the town. Sec. 8 : No. 14. Perfons grieved by any proceedings under this A&, may appeal .1 S''.:T'i ns, the order of which to be (inal. P. 159. Stat, fame Seflion, Cap. 2, Sec. 1,2: No. 15, Inhabitants to meet, twice eaci. yetr, to vote money for poor, >in the firft Mondays of April and November ; and, if the 'lufinefs require it, thtd; i;man, with the tohlent of the majority, may adjourn meeting*, drficieiicy of the vole for the part ytar to be vuli-d at the litxt mettiig. Sec. 3, 4 : No. 16 Overfeers to account on oath at the next Sr ffions after the expiration of their office. Future afTcfTmcntl (hi.ll be made by five FicJiolders, inltead of twelve, Halilax exctpttd. Sec. 5 : No. ly. If Freeholders negleil to provi.le for the Poor, the S-fl-ors for the County (liali amerce the Tiivifliip, and appoint afTeflbrs to levy the money, who, if tliey rcfufe to fervc, Ihall forfeit forty (liiilings, and othcis be ;ippuii.tcd in their ro^ni. bee. 6, 7 : No. 1 8. All lines levied on Conftables for ncglcHing to warn the Fie'hr Idcis to meei, (li ,11 he pai.'l into the Crunty Treafury, for the ufe of the Poor. Overfeers Hull keep an accoum of tiieir prucccJings tn a liouk, wiiich lliall be delivered to their fucceffors. P- »74' Stat. 1 2th, Geo. 3d. Cap. 6, Sec. 1,2: No. 19. • Five afTifTois, infle.id of twelve, to be clv.-fcn by the inhabitants of each Town, three of whom (Iiall be a quorum ; each afTelTor who lhall omit to meet, and make his, afleirmeiu within twenty Jays, (hall forfeit jl. to ttie poor. Sec. 3 : No. 20. No pcrfon to be rateJ who, in the opinion of the afftfrors, (liall be unable to pay one (IilUing. Sec 4, 5, 6 : No. 21. Authorizes, fir that yenr, .in extra meeting at Halifax, to vote money for the poor, tliofe who have voluntarily contributed fhall be allowed for the f.iine, and conilnii'; foinier o(l"e(riner.t';. P. 201. Stat. 1 6th, Geo. 3d, Cap. i,i>cc. 1,2: No. 22. ^Vh<^c inhabi';iiit5 iicple'T to make provifi'in fvr the poor, the Juftices in Special Sv-flions may amerce tl;e Tov^'p.niips, and appoint five I'retholiK r-; to make alf. irneu, vijiicii, w'lcii made by three of them, it (hall be po'led up three days hefoie the end of the lielfions. Ati, d'lrs or ColleClora nejjlei5 the Julliccs ajiprove of, to be provided. Sec. 3, 4> 5> 6 • No. 25. The Seflions, of every County in the Province, to examine, and allow cr rejeifl, the account . of the Overfeers of the Poor. Ovcrfeers of the Poor, at Halifax, to deliver to their fu< ceflhirj an exaA accojnt . f every article be- longing 10 the houfe, and to give a duplicate thereof to the SL-l}ii>ns. Ovcrfeers of the Poor who rcfufe to comply with this Aft to forfeit 20I. to be recovered before t.so Julticcs ; when Puor-houfes (hall be providdd in other partJ of the Pruvmce, to be re- gulated as at Halifax. y. 440. biat. 41ft, Geo. 3d. Cap. 6, Sec. i, 2, 3, 4, 5, 6, 7, 8 : No. 26. Tivclve perfjns, nam^id CommilTjoners of the Poor, and veded with all the p>W( ' of the Overfeers ; racancies to be filled by the Governor, on the i ^commendation of the Commi/Iioners. Commifrioners to aA in rotation monthly ( the adding Commidioner to have the immcdiait fuperinten Ian ce and l^vernment of the houfe ; the earnings of the paupers to be accounted fur, fo that each p.iupjr m^y havet.^e benelit of his earn- ings after deducing the expence of his mainten ince. No Commiflioncr to be keeper, or to have any Ihare in the earnings of the paupers. Ati account to be kept of the expence of viiluallinj; paupers, to be kept and regulated by the aAing Commiffioner. No Tpirits to be fuld or ufed in the houfe. Tl>e mode of viditalling, clothing, aad employing paupers, directed. Power is givLn Commiilioners to bind out poor children. Sec. 9, 10, 1 1, 12 : No. 27. Commiflioners to appoint akeeper, and fix hi; falary ; regulate all purchafes ; remove allc^i/orderly perfons from the houfe ; receive and apply all donations; to render their accounts every ill January to the Preafurer of tht Province, to be by him laid befof the Supreme Court. CommilTiontrs to receive and em|jloy all vagrants, giving them no mort.' vidlutis than they earn. Afl '•- -fftft ill January 1802. P. 457. Sv"- 42d^ Go^. J.:. Cap. 3, tiec. 1 : No. 28. * Grand Jttry, for the County of Halifax, at a General or Siiecial Se(H" onst may raife money to repair, or «.' i .0, the Poor-houfc ; Commiffiontrs of the Poor to have the expenditure thereof. P. 469. Stat 43d, Geo. 3d. Cap. 3, bee. 1,2: No. 29. Commifllioners of the Poor, at Halifax, authorifed to grant re- lief witliin their diftrifl to the peer of other fcttleraents, giving reafonablc notice thereof to the proper Overfeers of fuch poor per- Tons, who are bound to remove them, -and pay the expence. CommliFionrrs, or Ovcrfeers, throughout the Province may, as creditors, recover the expences of a pauper from any pr^^'-itty he may be pofFefled of. Sec. 3 : No. 30. Commiilioners, at Halifax, ^uthorited to purchafs a certain quantity of land, for the afe oftte Poor Houfe. Sec. 4 : No. 3 1 . Commidionf rs at Halifax, of the major part afTjnting, may bind out poor children without applying to two Magiilrates t the Chairman of th^- Commiilioners m.iy ctccutc the indenture, when the affeat of the major part of ecial SefE • of. I to grant re- ch poor per- incc may, as TITLE 73.74-75; Pounds. St P. 2*5. Stat. 19th, Geo. 3d. Cap. 5, Sec i : No. 1. The accounts of expences for buiIJing poeedit before payment, to bo approved by two Juftices, and the munies levied on the tawnihip as for the pour, Tkii A£t repealed by a fubfequeot A^t. P. 424. Stat 40th, Geo. 3d Sec. 1,2: No. 2. Giand Juries, at SefTiont, to regatate the number of pounds, and to appoint a Commiflioner to rontrafl' for each pound, when the JultiLei, at the next Seiri')ns, approve of the fcite, and propofals ; ComniilGooer to hold his office until the work be cemplcted ; the expence uf building, an I ro|Minnir, to be r^ift^d by prefentnient on the inhabi- tants of the Townlhip or divifioi in which the puundj are to be built ; and, ua ncgleil of the Grand Jury to provide for the CX* pence, the Sclfions may amerce the town or diviliun. Sec 3, 4 : No. 3 When the damage dune by trcfijadin'r C4ttle does not excee I jl. it may be recovered before a Joftice, if the title to lands dsaot corns into i^uelliun ; and the penalty t'ur h'jrles trefpaJriii^ on tiie peniniaU of Halifax, extended throughout - the Province. Sec. 5 : No. 4. RcfSBls the 19th Geo. 3d, rcfpc'- TITLE 75. Public Buildings. P. 383. Stat. 37th, Geo. 3d. Cap. i,Sec i, 2, 3, 4, 5, 6. 7, 3, 9 : N.^. 1. ComniilRuncri nam. 1 in the AiJtto determine the fituatinn, pi.rctufe ground and materials, andereft thereon a ftone or brick bwiMing, f^r tht luiUing oC the f.vt-rul L'liurfs of Judice hi iheir r. f itc- tivc fittings, and for the public orficcs. AKo, to procuie pl.ins tor a new Govfinmcnt-Houle. Governor to approve otnllCua. tradls, and to draw 3000I. from the Tre.ifury.at the r quell ot'fuch Commuli incrs. If necelfrtry to purchafe giound, a tj|)eci,il Couit to be held, and a Jury to be fvvorn tovalu'j the ftme, and when the verdiifl of fuch Jury is recorded, an I ilie money paid, the lands to be veil d in His M.j (ty. Jumis !U'j;lL'i!Uni; to attsnd made liable to a fine ofsl. and the Ail pair:d in the 28th year of His piefent M^jiily's Reijjn, ref^-eiiling pclilie buiUings, repealed. P. 408. Stat. 39th, Geo. 3d. Cap. 9, Sec. i, 2, 3 : Nj. 2. A houf^, for the rcfidcnce of tl e Governor, to be bu'It, inOeid of the building for the Court of Juflice, fuch houfe to be callod the Gi)vi'rn'Ti:nt-Houre of N iva-Scoiu, Governor to appoint Other Commiifioneis to carry on fuch builaing, and to apjioini otiierj m their llcad when occaliofl ihail rec^uirc. Cuinmiilioiicrs may ufe the materials provided for the otiicr building. Sec. 4, 5 : No. 3. Comni'lTioners may, with the Governor's approbation, pnrchafe proynd, not to eiiCfcd in v.i'ue l,jCo!. the whole expcnre of the bDildmy, in all r- Ipech linillied, not to exceed a fuillier fum of 5,400!. tho olJ Gjvernmcn'.laule, and ground thci'tito Itclunging, Hull hi uLd foi tuc Courts, Gwiicral AiTciubly, aud Public Oilices. f€^ TITLE 75-76-77-yS. J?. 4ii> Stat. 40th Geo. 3d. Cap. 4, Sec. i, 2, 3 : No. 4. Trudees appointed to hire Meffrj. Coctiran's buifdinj for the term of three yean certain, from i(l July nexti st 300I. per annum ; .ittn tline yi'irs, guvunmenimny continue to hold, for any term not exceeding fcvcn years more ; fix months notice to be given, Wore end M -the yeai, oi tht imeaiiott of gofcrament «to %uit. LciFort tg keep thi prcmil'cs in rtuair, or rent to cvule. V.xiG TITLE 76. Quakers. iP- 48. Stat. 33cl, Geo. ad. ad Scfs, Cap. a, Sec. i, 2, 3, 4, 5 : No. 1. Peifons affirming, that for the year Idft paft, they were of the profelfion of the people called Quakers, are allowed, indead of an oath, folemnly, finccr< ly, and truly, 10 uti l\n-, and affirm: the lame affirmation to be as valid as it'fworn in the-ufual form, and made liable, if convii!l>.d, to the (aiiic pmalncs at pcrfon guilty of wilful perjury, but not t» be admitted to give evidence in cnminal cafei. Tiiii A A to be deemed a Pbbltc Aft. TllLE 77. Rebellion. .;l?. a^^. Stat. 23d, Geo. 3d. Cap. 3, Sec. 1, 2 : No. i. All perfons, Inhabitants of this Province, who have taken pnrt in the Kebellion of the Thirteen American Coloi\ies, are freely pardoned { and all profccuiions touching the fame are to be at an end. TITLE 78. Records. ■P. 222. Stat. 2 1 fl, Geo. 5d, Cap. 2, Sec. t : No. r. Copy of any Proceedings of His Mljcfty's Council, rcfpeflirg title to lands, figncd by Clerk of Council, to be received as evidence in any Court. Clerk to receive one Ihilling for a fcarch, and.iin and eight pw^ce for every alteflcd copy, if under cne hucdrcu words and, if more, one IhiUin^ for every hvindttd wwtta. P. 7. ng for the Did, fur any ofcrnment TITLE 79-80* Rent. «i paft, thfy cc l.irf, and a Public P« ijCt Stat. 8th, Geo. 3d. Cap. 4, Sec. 1,2: No. i. If a prrfon whofe goodi Mr dinraiitd rnrrent, 4o not.witlfin fivt day* after noiirr. replevy tlic fimr, and giv; fecurity, the perfen m.ikiof{ the fame with the Hhi^rifT, or ConiUblc, (cither o( whom arc bouniilo alBll) Ih^ll caufe the goodi taken to he v.ilued by two fw irn appr.iiferi, and fold ; tli p>y>ni( tite rent and clMr}>c( the Sheriff, or ConOable, Hiall holiJ the orrrplus, ifiiny, for the own'r. Corn and H^iy, if cut, ana Giiia, may be diftrained ibr rent, but the fame mud remain impouaded on the premilics, until fold or rcplcvyed. Sec. 3, 4 : Nu. 2. retfon injured by a pound, breich, or rer>:ue, may, by aAion on the cafe, recover treble darnagei and colt ag!)in(( the ofTcader, or againit the owiicr, in cafe any ot tht f>*ods I ; afterwardi found in his polTelBoii. I'hc owner of guods wrongfully uiltraincJj may recover double the valuCi and collsi againd the pcrtun fo didraining. bcc. 5 : No. 3. Nogooil^ tnbe taken byexecadon upon nny prrmiri» where there is rent due, until fuch rent be paid, pro* vidrd it does not amount to m ne tlian «ne yeai'^t rent, un the payment ut which rent the olRccr may execute hit writ, and like, wife levy the money paid for rent. Sec. 6, 7 : No. 4. Landlord may, within twenty days, follow and ilidrain, wherever found, good' "uli'h lifTtc (lia'l carry ofF the pren ife?, with intent to prevent the fame from being diilrained (or arrcai ( I' rent, provided fuch goods were nut, bctuie leisure, actually luld fur a valuable coiifidcratiuni Sec. 8, 9, 10 ; No. 5. Aflion of debt tiny be mDintaincd'a|;ainfl tenant forlife, for rent in arrear, and a landlord may d''& train torrent in arrear after the determination ot the icafc, if I'urh iliilreft he made within fix rHunths alter the end of the leafe, and duiingthe continuance ot tlie landluiJ's elUte, and while the tenant in arrear is in pulFelTtun. Sec. 11,12: N«. 6. Landlord mny dlftrain tcnimi'scalile upon any common appurtenant to ihc t'emifed premifc?, and may alfo feize corn, i;rafs, hop?, roots, fruits, puKc, or any other produ'', and may cut, f.ivc, and );ither in the lan'c into ary fit placcontlie pieniifti; an I, if no proper place there, may hire one m-. the premifi, and may (ell llich produce after ap» praiftmtnt. Tmant, if propLity is reniuvcJ otfChc prjiniles, lliall have nwtice within lix Jays where the fame is di-pul.ttd. iicc. 13 : N ). 7. Nothing in iliij A^ to interfere with the right of His Majedy to recover his ^uit-rents.- piirt in the : 40 end. iSIng title , aad'Aic TITLE 80. Religious Woriiiip. Stat' 3:1!, Geo. 2d. Cap. 5, Sec, i : No. i. The I.ituioy of the Church of England, as eflablilliO'.' hy tli" liwsof England, m.itle th'- fixed form of wnrlliip in this Province'. No Miiuller to olFiciale uiikfs hi^enlol hy iho ISilhop ol' LonJon and unlefs he lliall aHent 10 tlio Book of Common I'l .yer, and fulifcribc all oidtrs and aitieles ol llic (Jhurch. The Lf> NTi- riftcrs, and enter into contia^'h with Inch Miiullfrs whiih contrails are declared valid; aiid iuchdiilei.i^is aie iali;!. J tioni any rates or taxt" for the ('up|oit of the Chuieh of Ln^jland. Sec. 3, 4, 5, 6, 7 : No 3. P^jifli Erclcfiartics, ofevcrv kind, hamflicd from the PiO\incc .-ificr the :;i.h Miieli, 1759, .and if ifierwards found within the fame, made lubject to perpetual impriConiutnt, and in cafi; of cfcape, to be jiuni.licd uS tor ttleny Ultll'JUt^. ssr ^. *tA IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 121 ■so |25 £t^" 2.2 ■" r h *" I. 1.8 • 1.25 1.4 1.6 4 6" ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 / H TITLE 80-81. fl/ithout benefit of clergy. Perfons harbouring fuch Ecirfiaftici to forfeit 50I. ami to be fet in the pillory ; cognizaice of dffcK- ccs againii this Aft given to the Supreme Court, or Special Court of Oyer and Terminer ; anv JuUicc of the Peace to commit of- fenders againfl this Aft, and to bind over witneiTct to appear ar trial. ■ Popifh £cclc(]»(Hcal Perfons fcnt into the Province, as prifoDcrs o* w:'r, are exempt from the penalties of this Aift, unlcfs ihcy exercife the funAions of a Popifh Prieft. fP. 48. Stat. 33d, Geo. 2d. Cap. 3, 2d Sefs. Sec- i, 2 ; No- 4. Parifh of Saint Paul toxoraprehend the whole Town. • (hip of Halifax, while there is bet one ^Parifh wi:hin the fame; the Churchwardens and Parifhioners impowered to meet iinJ . choofe twelve Vsftiy Men ; the officiating Minilter »o beone of the Vedry ; the Churchwardens and Veftry to have the fame powrr ;(s in the Parifh Churches of England, and to be a body corporate, to fue and be fued,and to recover the Pew Rent for the h.-iK'lit ufthe Minillerand repairs of the Church, and generally 10 receive gifts, and grants of land, or money, for the Church, and to niiinage the f^mr. Parifhioners to meet, annually, on Michaelmas Day to cituofe Church Wardens and Velirymen ; thafe »hr> refiif. to forvc forfeitfl. to the ufe of the Chutch. Sec. 4, 5,6, 7:. No 5. Parifhioncrs, at their faid meeting, to vote money to fupport tlie Minifter and Church, fuch vote -to bind all the 'Parifh ex -ept thofe exempt by law, and to be afFeffed, according to each perfon's abilities, by the Church V/aidens rfnd Vedry, in two aflelFraents, payable half yearly ; Churchwardens to collefl the fame ; one Juflice to grant Warrant of Diflrefs a)^;unll fuch ai refute to pay after one month's notice. Perfons over-rated may appeal id ScfTions. Churchwardens and Vedry to meet as ocr ifi j.i mjv ri^quire, but they niufj meet to make the affLlTments, the Srll Monday after Edter : no alTeirn'.-iit of theirs to b$ binding imlefsfigiieJ by the Churchwaidens, and at leait fevenuf the Vellry; and no other A«il of theirs to be valid unLfs fcv^n, at l«.id,. be prefeou Sec 8 : No. 6. Miniflers not conforming to the Rules and Canons of the Church, fubjed onlyto the penalties in fuch Canons^ notwithilanding any law or ufage to the contrary. f*. 52. Stat. 33d, Geo. 2d, ad Scff. Cap. 10, Sec. 1 : No. 7. When a building for the fervice of the Church of Fngland fhall be erefled in any part of the Prcnnce, the Governor, with the confent of His Majefly's Council, is to fix the limits of the Pai-ifh, and the Fariihioners thereof are to have all the power and authority that the-Patiildoners oftke Pariih of St. Paul's have in Halifax. P. 62. Stat. 34th, Geo. ad. Cap. 10, Sec. 1 : No. 8. Mtnifters of the Church of England may fue Churchwardens (or money by them received, or which they have negleAed to fue for, and recover fur the benefit of the Minifters. J". 129. Stat. 7th arid 8th, Geo. 3d. Cap. i. Sec. i, 2, 3, 4 : No. 9. Veftry of St. Paul's, in Halifax, to meet with the .Parilhioners on thefirft Mondays of December, March, June, and September, yearly, to 70te money to repair the Church, and for to purchafe the ufual goods, Itock and furniture, ornaments and bells, and for the falary of Organift, Clerk, Sexton, and Clerk of Veftry, the fame to beaffeffed and collefted as by law appointed ; Pariiltianers are thofe who are afFeffed to fupport the Church ; three Parifhioners at fuch meeting to be, appointed, who Ih.tll (ix what ptrt of the rate the afTefrors.fhall pay. Perfons grieved may appeal. All other Churches, hereafter eflablilhed in the Province, made fubjed to this and all former AAs. ■>J*. 423. Stat. 40th, Geo. 3d. Sec. i, 2, 3 : No. 10. Truftees appointed to fell the Glebe in the TowRfh'ip of Granville, and to purchafe another. Churchwardens, Vsftrymen, and Pariftt Officers, in faid Townfhip, to be chofcn yearly on Michaelmas Day, but if it happen on a Sunday, ; '.len to be chofen the Monday following. Panfh Officers throughout the Provi&ce, if Michaeiniac Day happen on a Sunday, to be choien on the day ibllowing. TITLE 8 1. Refolutions of Governor and Council. 65 P. I. Stat. 32d. Geo. ad. Cap. a, Sec. 1 1 : Nc. i. Confirms the following Rerolutlons refpcAing the Regiftrf of Deecli c/.crpt fo far u the (ame are altered by the 1 2th and 15th Seflions of faid A^ P. a. I ft Refolution : No. a. A memorial of all deeds, which may affect lands, tenements, or hereditaments, either in law or equity, which (hall be executed after the i (I March, 1752, (hall be regiftered ; and all deeds, anlefs fo regiltered, (hall be deem< ed fraudulent i^aiali fubltquent purchafers for valuable confideration, whafe deeds (hall have been regillered. ad, 3d, and 4th Refolutions : No. 3. Deeds nrcfidents 5 per cent, unlefs immediately imported from Great-Britain or Ireland t duties to be computed on the urft coft 1 importer, or,. if abfeot, hisclerk, or agent, (hall immediately produce the original invoice, and verify .the lame on oath, and all un -entered goods found in any perfon's pofleflion are forfeited. CoUeAors to afceruin the value, and take bond, with two furetics, for the duty, payable quarterly ; if any difference arifes about the value, peifons are to be chofen to Tettle the fame : the Collectors to hold the goods until difference fettled and fecurity given. Goods, or the value of fifty pounds, found in any perfon's cullody, without certificate that the duty is fecured, are fubjeft to forlieiture. Mafler, or owners, breaking bulk, or removing goods before duties fecured, fubjedt to penalties, and the goods to forfeiture. Perfoos aiSfKng to defraud the revenue, or obftruiting officers, made fubjedl to certain penalties and forfeitures. The duty of the CollcAors is pointed out, and certain power given them ; and the mode of trial in c^es of law controverfy fettled. The mailer of a veflel is not bound to know the contents of each package. Sec. 6 : No. 6. Enumerates fundry goods which are exempt from this duty. Sec. 7 : No. 7. Certain articles imported for the ufe of the navy or army, are exempted from this duty on. certain conditions, and the mode of accounting for the expenditure thereof is direAed. Sec. 8 : No. 8. The houlhold goods, provilions and nectfTaries, of peifons moving to this Province as fettlers, are exempt from the duty of five per cent. Sec. 9, 10 : No. 9. ■Goods of the value of jol. exported, are entitled to a drawback upon certain conditions, and fubje & to certain rules and regnlat-ons ; and goods exported for drawback, if re-landed, fubje^s the veffel and goods ,to forfeiture, and every perfon concerned to a penalty of tool. This AA is limited in its duration. P. 308. Stat. 33d, Geo. 3d. Cap. 1, Sec i : No- 10. A duty impofed on wine of 6d. per gallon ; on fpiiits, 6d. per gallon ; and on brown fugar, is. for every hundred weight : Confignees, or importers, within twenty four.hours, to render an account, on oath, to the Colleger, fetting forth the quantity of each article imported, the packages, marks and numbers, and from whence brought : the mader, or fupercargo, to make a like report, ' d the ColleAor, within twenty-four hours after arrival, with the names of the confignees, and fliall take out a permit to land the cargo at feme certain place. If bulk be broken before report and permit, or goods landed at any other place fave that mentioned in permit, or removed without permit, or before quantity afcer- tained, and the duties fecured, the vefTel to be forfeited, and a penalty of laol. paid by the perfon tranigreffing. Sec. 2 : No. 11. Coilejlor, on report being made, to grant permit to land goods at a convenient place, and to mark the fame, and afcertain the quantity, and if the duties do not exceed ten pounds, to colledt the fame immediately ; but, if to more, to take bond for the amount, with fuflicient fureties, payable to His Majefty in quarterly payments. Sec. 3 : No. 12. Diflillers to account with ColleAors every month, and to fccure (he dutiesithe fame as importers. Sec. 4 : No. 13. Where no perfon appears, within twenty four hours, to pay or fecure the duties, the ColleAor is to (lore the articles ; and, in ten days, to fell as much as will pay the duty, coil, and charges, and to reilore the remainder. Sec. 5,6: No. 14. No dutiable articles above the value of 5I. to be removed without permit ; and, if found in any per* fon's polTefRon the articles to be forfeited, with the velTel, or carriage, in which the fame fhail be found, and the perfon having tiiefame in polTuirion to pay 50!. PofTtilTor, orclaimer, of goods, obliged to prore the payment of duty. Sec ;TITLE'82. 67 vificc. 7 : No. 15. rcn'oiw exporilng a cpjantity, exceeuing two hondred giiilon* or , wijje, or four, hundred ^aiioni of fpirits,. or ten hundred weight of fugar, CnAl have a drawback of dutits, u|K>a firft ubtHining a permit for fuch export, and giving fecurity, in double the .value of the duties, to fliip the fame within three days, and not to rel.inj, and to fend the fame away without delay : - Collcftor, or proper ofiicer, toattendthe {liipmcnt,and to afcertaii) the quantity, exporter anJ madcr firft 'taking and fubfcribing ( the proper oath: ; the duties un fuch articles not to b» demanded for twelve months : and on exporter producing within tliut lime the proper certificates uf the landing, to have credit for five fixths of the duties fecuKdr or, if paid, tuhave the fame fepaid , out of tl)« I'rcaiiiiy. Articles frauduteatly ccJandedt fot&iied, with the ve&li and every perfon stiElling to fuifeit 50I. ■ ijcc. 8 : No. 16. Perfons Cupply.ing the army or jnavy with (pirits, to be repaid the dnties thereon, or have credit for the fame, provided the fpirits be dtliveredto the proper officers Of His Majefty's navy or army in prefence of the ColleAor, and provided ^ the perfon making fuchf fupply ihall make the proper affidavit, and produce a certificiite irora the proper- officer thai fuch fiiiritt . have been adually ilfued or feat out of the Province f»r the above ufe. .. v)ec. 9, 10 : No. 17. • Governor to appoint Colleflors,l.»nd-Waiters, Weighers and Guagers, who (hall have power to , enter on boar J any veflll, and fcize and proff cute all forfeitures, and to enter attd feirch fufpefted Veffelsor boats, houlcs, fliopj cr cellars; but, before the entry to fearch a fhop.houfe, or cellar^ fuch officer flviH, on oath, before a Juftice, declare the caufe ■Jttf fafpicion, and the JuKire ffiall attendranddemund admittance, ani if refufci, may at any time, between fun and fun, enter by ^brce, and feize the fmuggled goods. Col!t£lors authoitfeJ to adrainifter the oath^ directed by the A&, and,-if'tfaey negleA the fame, two thoufand pounds fecurity, and all other" Collectors one thoufand pounds fecurity, for the faithful performance of their duty ; and if fued for any thing done in virtue efthisA'fl, may pye the fpecial matter in evidence, and may recover coft ; and all penalties and forfeitures to be recovered in a Court of Record ; half to go to the King, and half to the-informer. ' 'Parties may have a fpecial Jury, and take defjofuions as itt other caufes. -P. 322. Stat. 33d, Geo. 3d. Cap. 13, Sec. i, 2, 3, Na 20. . . Duty impo(ed, of 6d. per gallon, on f|)irits ; gd. on wine ; id. on ipolatfes ; 2S. 6d. pertiondred on brown fjgar ; on cbfrce, lu. per lb- i on refined fugar, three half-pence per !b. ; 2d. per lb. on gun-powder ; on bohea tea, id. ; and all oth.-r teas, 4.d. per ib. } rr.'Jt, liquors, 7s. 6d. per hoglltead ; and, if bottled, 6d. per dozen. A drawback of the whole duty on wine, ru.n and fugar, to be paid on exportation agreeably to the regulations of another A& puffed in the prefcnt Seffion ; and a drawback of five fixths of the duty on the exportation of any of the other articles, is allowed agreeably to the regulations of the fame Aft : provided, that, of molafTes, the quantity exported fhall exceed . I.CCO gallons t of cutfee, 503 Ib^. ; of bohea tcfi, 300 lbs. ; other teas, 20Q lbs. ; malt liquor, Cx hogHteads, or fixty dozen. Sec. 4 : No. 2t> Spirits fupplkd to the navy orarmyi'ta-be-exempt on the ierms- mentioned iafaid Aft. Sec. 5, 6 : No. 22. An additional duty impofed, of 3d. per gallon, en rum ; id. on molafles ;- 2s. '6d. per cwt. on brown fugar ; and id. per Ib on coffee, unlets one third thereof be purchafed with the produce of- the Province, and imported .. in a. veffel owned by an inhabiunt thereof ;. the fame to be levied on the importation. If Britifh fubjefis, who are (Irangers, Ihall import any of the laft mentioned articles in a Provincial vefTel, if they, within fix months, export in the fame reifel, produce of the Province to the value thereof, they Ihall havt this additional duty returned, upon a certificate from tho CommifEoners of tlie Revenue. All the duties, impofed by thi; Aft, fhall be levied ai:d ccllefted -by the rules, and uoder-the penalties, impofed by the other Revenue Aft of this l^efC.on. ; Sec. 7, 8, 9 : No. .23. Perfons exporting the produce of the Province, 'to purc'.afe therewith any of -the foregoing articles, and who intend to have the fame exempt by fach puichafe from the faid additional d'." es, fhall, at the time of (hipping, deliver a , correft invoice of fuch artiples, on path, tothe Colleflor, and (hall make the ref.ns within eighteen months from the time of fhipment ; and the matter or owner, within twenty-four hours after the arrival of fuch returns, Ihall deliver an account thereof to the Colleflor, and make tUe affidavit required by the Aft, whereupon the Colleftor Ihall exempt the fame from the additional duties, ellimating the produce exported at the price it fold for. The Colleflor fhall forfeit- 20cl. if, he- fres^my articles front fuch additional datj, unlefs on the terms provided by this Aft, to be recovered in a Court of Record } and perfons making falfe declaration!! to be punilhed as for peijury. Sec 10 : No. 24. Five, per cent, oq the neat guagc or weight of dutiable articles to be allowed in Ilea of leakage and waftage. Sec. 1 1 : No. 2j. No veffel to pafs Digby with intention to unload at anyplace between there and Annapolis, until the duties be paid orfecured with the Colleftor at Digby ; and novefTei to. pafs Annapolis ^fithout having firft fecured the duty with the Colleftor there. • :,^ec. 12, 13 : No. 26. Repeals former RevcDue Afls, and limiuthc duratigo of this Aft to one year. Q8 TITLE 8ji. ¥ P. 334. Stat. 34th, Geo. 3d. Cap. 7, Sec. i : No. 27. f!o perfju U liavd treJii for the vuiiet oii fpiritt fold for 'kin Majefty's fervice, unlefs the famci on the importation, fliall have beea ftoicd in the joint cuflody of the owner and p. iter officers of the Revenue, and delivered out ot fucii iter? in theprefence of the officer, and in hisprefenee conveyed on board Hit Majef. ty's fliips, or into the Careening Yard, or delivered to the Commiflary of the Army ; and if fuch articles are re-landed, the fame ihail be forfeited as though fraudulently re-landea after exportation. Sec. 2, 3, 4 : No. 28. If no perfsn (hall appear to pay duties, within twenty-four hours after the amoant (hall be afcertain- cd, the olTicer may take a fufficiency of the property into cadody, and fell as much thereof every quartet as will pay one fourth of the duties due thereon ; and, if any balance remain, after paying the full duty and charge, the fame (hall be paid to the owner. The Governor to appoint a Revenue Infpecftor for the port of Halifax, whofe duty is delcribed by the Aft. Perlbns obdruft- . ing sr afTaqit'ig any Revenue Officer to forfeit i ool. to be recovered in the Supreme Court, half to His Majefty, and half to the informer. Sec. 5: No. 29. A velTel arriving in diftrefs, having dutiable articles onboard, may unload, and (lore the fame in the cuf- tody of the ofScers, there to remain until the vettel be fitted for fea, when the officer is to deliver the fame for re-ihipment freed o^ di ty. as on articles exported for a drawback, upon the party paying the expence ; but if the owner (hall have fold any of the articles, fave fa much as the Commiffioners (hall permit to be fold to pay repairs, fuch perfons (hall not have thcUKoefit of this Aft ; and articles fo fold are made fubjeA to the duties. jpp. Sec. 6, 7, 8, 9 : No. 30. The duty on wine reduced to fixpencct and en rum to tliree pence. No exporter to be allowed the drawback, unlefs he take the oath dircAed by this A&, the duration of which is limited to one year. ;>??, 342. Stat. 34th, Geo. 3d. Cap. 15, Sec. i, 2, 3, 4, 5, 6 : No. 31. An additional dutfof )}d. per|aIlon impofed on wine, and fo much of fuch duty colleAed in the port of Halifax, as (hall amount to i$ol. yeaily, is to be applied to fupportthe ■ Grammar School at Halifax, and the refidue to fupport the poor ; the County Treafuier to receive this additional duty through- out the reft of the Province, which is to be applied as the Juitices in SelTions, in each County (Halifax excepted) fliall direct. Drawback allowed to the feveral Counties on quantities exceeding one hundred gallons : if this duty, colleAed at Halifax, fliall fall (hort of 150I. yearly, the deficiency fliall be made up from the duty on licenced hoitfes. This A A to continue for one year. P. 363. Stat. 35th, Geo.. 3d. C^p. 8, Sec. i, 2: No. 32. Spirits (lored for Hi) Majefty's fervice to be exactly gu^ged, and the quantity marked, without an allowance of (ivc per cent, which quantity (hall be accounted for. The officers, every tliree months, at lead, to take an account of all dutiable articles in my perfoa'scuftody, -and perfons retuling admittance to officers to forfeit tool. Sec. 3, 4, 5. 6 : No. 33. ■ Commiffioners of the Revenue may extend the time for perfons claiming drawbacks to return cer- tificates ; and where articles exported are lull, or taken, Comminianers, on full proof, n>ay allow the drawback. Governor to appoint, in the out-ports, SearcherSi who may ftiie and profecutc. Aft to continue for one year. p. 381. Stat. 36th, Geo. 3d. Cap. 14, Sec. i, 2 : No. 340 Wine allowed by His Majcdy to the officers and men on board Ihips of war, is exempted from duly, the fame as fpiriis. P. 383. Stat. 37th, Geo. 3d. Cap. i.Sec. i, 3 : No. 35. The purchafets of contraband articles, forfeited tali is Majefty, • fliall pay the duties. ; P. 394. Stat. 38th, Geo. 3d. Gap. 3, Sec. 1,2 : No. 36. Officers of the navy furchadng wine, for confumption on board ■ ftiip, to be allowed a drawback. Tlic Governor, on application of the Comni-rding Officer, to grant a licence to purchafe lb much as the C-'^railTioners of the Revenue (hall certify to be neceflary : (hipment to be made under the direftioa of the Excile Officers. • : P. 4x7. Stat. 39th, Geo. 3d. Cap. 16th, Sec. i : No. 37. Continues the .feveral Revenue and Light-Houfe Afls for another year. Sec. 2, 3, 4, 5. <5 : No. 38. Bonds to be taken from the purchaf';rs of prize goods for the duties, the fame as if they were the importers. The duty on tea reduced, to five Ihillings ached on bahea tea, and one penny per pound on fine teas ; the re- daflion to take place on teas imported fincc the 31(1 March h(\. No drawback on tea in future. Agents at Halifax, receiving confignments from the cut-ports, may export fuch articles, and recover the drawback in the name of the original importer, pro- vided fuith confignment, made at one time, (liall amount to the quantity on which a drawback is .-allowed, and is accompanied with a proper permit. Aift limited to one year. ;'P. 425. Stat. 4oih, Geo. 3d, Cap. 8, Sec. i, 2, 3 : No. 39. Unwrought iron, anchors, grapnels, fail cfoth, cordsge. hemp, twine, lines, and fifli hooks, exempted from duty j tnd the duty on porter, ale, loaffugar, and £un-powder, leduced, and AA V continued. • ^ ' TTITLE 8i. 6j> 'P. 4*6. Stat. 46th, Geo. ;^d. Cap. ii, Sec. 1, a, 3, s*^- No. 40. Tlie Jttiu." ^" '»'''>? i>" lo*f Aigas, and gun powder. Sec. 9 : No. 42. Continues the feveral Revenue A£ts. P. 443* Stat. 41ft, Geo. 3d. Cap. 11, Sec. i, 2 : No. 43. ^ , Continues the ievcral Revenue Laws, and authoriles the ColIeAor to retain one penny per gallon ofthe duties on wine and fpirits exported. : p. 464. Stat. 42d, Geo. 3d. Cap. 14, Sec. i, 2, 3, 4 : No. 44. Wine, the produce ofthe Azores, to pay, in future, a duty of only 3d. per gallon ; one penny deduAed if purchafed with the produce of the Province. A drawback allowed on expor- tation. Duration of this Adl limited. . P. 465- Stat. 42d, Geo. 3d. Cap. 17, Sec. i, 2 : No. 45. Non-reGdent inhabitants inDportiti Ved-India produce, in fu« tu«^, not to be exempt from the additional Impoft duty, although they may, afterwards, export the \.i thereof in the produce. of the Province, but are allowed a drawback of fuch duty, on. exporting fuch Welt India produce. At limited in its duration. i P. 474. Stat. 44th, Geo. 3d. Cap. i, Sec. i> 2, 3 : No. 46. Wine, fpirits, fugar, and other dutiable articles, maybe ex- ported in the fame bottom without landing, and, if the prties defire it, part of the cargo may be landed, and the duties thereoa lecured in the ufual manner ; and any other part of the fiime cargo may be exported without landing, the duties thereon being iirlb fecured according to the original invoice, which mud be produced on oath : and the perfon fo fecuring the dutits Ihall be entitled to a drawback of fuch duties in the ufual form. A falfe entry fubjefls the veflel, and furplus goods, to feizure ; and in cafe any fuch goods be afterwards fraudently landed, the goods and veflel made liable to forfeiture ; if the party refufes to produce the original invoice, the goods mull be laaded, and duties fecured. Sec. 4, 5, 6 : No. 47. In cafe the Colleftor fufpefls the entry to be falfe, he may examine the cargo, and the mafler and crew fhall alTid him in fo doing ; and in cafe he refufe alEflance the goads (hall be landed, and, if the officer doubts the invoice^ he ihall fubmit the fame to three mercliants, and, if they certify there is caufe of fufpicion, the oflScer Ihall difcharge the cargo, and afcertuin the :ruth of the entry: no penalty or forfeiture to attach, unlefs the difference (hall, in the opinion of three mer- chants, exceed what is ufually found in iheguage or weight of two different ports. . Perfons who unnecelTarily delay difchargiog the part ofthe cargo to be landed, or, after unlading that part, (hall delay proceeding to feawith the reiidue longer than tea days» fliall pay the tide waiter his daily pay. AA to continue to 3 ift December, 1805. V p. 476. Stat. 44tli, Geo. 3d, Cap. 2, Sec. i : No. 48. Continues to 31ft December, 1805, the twoRevenne Ad^sof the 33d Geo. 3d. alfo, the A(X of the 44th Geo. 3d. to amend and continue the faid AAs ; alfo, an Aft of the 35th of Geo. 3d> to continue,'and in addition to, the fame ; alfo, an Afl of the 36th Geo. 3d. to amend and continue the fame ; alfo, an Aft of the 37th year of Geo. 3d. to amend, and continue, 'hu fane ; alfo, an Aflpaffed in the 38th year of Geo. 3d. to allow a draw- back on wineconfumed by ofHcers ofthe navy ; l. ', ?)fa, certain claufcs of an Afl ofthe 39th year of Geo. 3d. for altering, and continuing the feveral Revenue Laws ; alfo, an /> ^ of the 40th Geo. 3d. to amend, and continue, the fame ; alfo, an Afl: ofthe 41(1 Geo. 3d. to explain, and continue, the fame ; ^Ifg, an Afl of the.42d year of His. Majefty's xeign, to amend, and continue, the fame. P. 480. Stat. 44th, Geo. 3d. Cap. 6, Sec. i ; No. 49. ber, 1305. P. 481. Stat. 44th, Geo. 3d. Cap. 7, Sec. t : No. 50. P. 481. Stat. 44th, Geo. 3d. Cap. 8, Sec. i : No- 51 Continues the two and a half percent. Afl to 31(1 Decern- Continues the ten per ceot. Afl to 3 ill December, 1 805. Continues the Gramniar-School duty to 31(1 December, 1805". 70 TITLE 83-84 . Riding Diforderly. >^. 51, Stat. sjd.'Gco. aJ. 2d Scfs. Cap. 8, Sec. i, a, 3 : No. i. . . No jxrfon in the ftreels or highwijri of MfToma in the Province, to eallop on horfeback. No Rogues and Vagabonds, fl?. i9£i Stat. 14th and 15th, Geo. 3d, Cap.' 5, Sec. i, 3 : No. i. Soldiers or Aamen trevilliog or wandering without > pafs from their officer, and other idle or wandering perfons, without a pafs from a Magillrate ; perfons who run away, or threaten to run away, and leave their families chargeable on the town ; perfons returning to a Townlhip after they have been removed ; perfons having no viGble means>to maintain themfelves, and live idle, and refufe to work for wages ; and beggars; (hall be deemed idle and diforderly perfops j and, on conviAion before one Julitce, to be imprifooed at hard labour not exceeding one month. ^ Sec. 3 :, No. ,2. Any perfon may .apprehend and carry offenders -before a Juftice { any ContlabI* neg]eAing or refuGng fo to , do, (hall be punilhed as for a breach of duty ; and any other perfun who (hall refufe or negleA fo to do, when commanded by a Juftice, (hall forfeit, on conviftion, ten (hillings. . Any conftable, or other perfun,. apprehending- or dieJivering any fuch difor- derly perfon to a Juftice, or Qonftable, fliali receive ten (hillings out of the County Treafury. , Sec. 4 : No. 3. ; J^ftices of the Peace, on inforntiation, tQ ilTue warrants to fearch for perfons of the foregoing defcriptien ; fufpicious perfons apprehended, although no direA proof again it them, to be examined, and examinations returned to Selhons ; and if the perfon make it not appear to the fatisfaftion of the Juftices, that he is an orderly perfon, or otherwife procure fuieiy „ for his appearance at another day, Juftices to commit fuch perfon for a time not exceeding fourteen days, and to direft the Overfeers of the Poor publickly to advertife fuch perfon, and the day of his further examioatioo, and if,no perfoo appear to profe- cute him, he (hall t>e difcharged, or otherwife dealt with according to .Law. , .Sec. 5, 6 : No. .4, ' P'srfons preventing officers from executing this a 8, 9 : No. 5.. Two Juftices to order lunatics or mad perfons to be taken up and confined, and upon proof,-on oath, of the charge of confining, maintaining, and curing, fuch perfons, to direfl fo. much of his real or perfonal property tobefold as will be fufficient to pay the fame ; or rents, if he haf any, to be received for that purpofe by the Church wardens, or overfeers . of the Poor; the fame to be accounted for at General Seffions. Poor perfon in that (tate to be fupported by the Town. Nothing in this AA to extend, or diminilh, the power of the Ctown ; and the chancellor, or. friends or relationii at it reipt^ 4uaatics. Perfons fued may plead the general iftus, and if ace aitced,to,liaveirtblc cod. TITLE 85.-86. Schools. 7^ P. 1^. Stat. 6tli,,Geo. 3d' Cap. 7, Sec. 1,2: No. i. No perroB to keep a Grammar School in any part »»f the Province, or any kind of School in Halifax, until examined by the Minifter of the town i and where no minifter, then by two Judiccf, a cer> tificate of which, with one by fix of the inhabiianti, of the perfon'i morals, (hall be fcnt to the Governor for obuiniog a licence agreeably to His Majedy's inftruAions. Peifona oiTending, on conviAion before two Juftices, Ikall forfeit tl. to the ufe of the town fchool. Schoolmafter to take the State Oaths. A PapiH fetting up fchool, on cooTiAion, to be impriiooedi and pay a fine of lol. and perfsni refuGngto take the oathi to be deemed a popilb reciiunt. Sec. 3 : No. 3. iLands fet apart for fchooli in each Townflup to be vefted inTruftces, whotretohold andimproTC the fame for that purpofe. Papifts allowed, under certain regulations, to keep fchool— rfeePapifia, No. 4. « P. 320. Stat. 20th, Geo. 3d' Cap> 3, Sec. i 2 : No. 3. i$ool. granted to build a fchool in Halifiix, and lool. per an* num to fupport afchoolmaftcr, with 50). a year to fupport an uflier, when the number of fcholan (lull exceed forty. Sec. 3, 4, 5 : No. 4. Governor to appoint fire Ttafieea annually ; one to be a Prcfidcnt, who (kail be incorporated, make bye laws, fue and be fucd, hold grants, of land, and leceiye donationa, and to be accountable to the Legiflature ; and IhaU viCt and hold a public examination of the fchool twice in the year, that if, od the i^rfl Monday of May and of OAobcr. TITLE 86. Seamen. p. 13. Stat. 32d, Geo. 2d. Cap* 12, Sec. 1 : No. i. Any peifon who (hall intice a Teaman or marine to defert, or knowing- ly harbour, conceal, or afli(t, a defeiter from a (hip of war, (hallforfeii to His Majefty acl. on conviAion before three Julticea : to be levied by dlArefs of offender's goods ; and, for want thereof, to be imprifoned. fix months, or until fine paid. Sec. 2 : No. 2. Any pcrfon buying, exchanging, or receiving in pledge, from (eaman or marine, any flop cloathing, to for- feit 5I. forty (hillings of which to go to informer, and the refidue to the King, to be levied by diArefs, and for want thereof, offender to be impriloned two months, or until penalty paid ; conviAion to be before one or more JulHce of the Peace, npoo the cloaths being found in poifell'on of perfoa charged, or on confefSoo, or the oath of one credible witnefs. Sec. 3 : No. 3. .Peifon feeing feaman or marine felling, or expofing to. fale, flops or cloathing, to carry Jaim before a Juftice, who (hall commit him to goal, and deliver him to his officer. Sec. 4: No* 4. Judices, on information on oath, to grant warrant to any Conftable to fearch (or deferters in any houfe, who is to be accompanied by one officer only from the (hip of war : Perfons refufing admittance to Conflable to forfeit 20I. to be le- vied, on conviAion, by warrant of diflrefs from two Juftices : for want of goods offender to be imprifoned fix months. Search, in the night, for deferters, to be made by the Jaftice in perfon, attended with Couftables, and only one officer from the (hip ; Perfons refuHng admittance to fuch Jullice to forfeit the fame penalty lalt before mentioned. Perfons apprehended on fufpicion of being deferters, to be fent to goal, and o'elivered to their officers on proof being made, before oneJulUce, of their dcfertion* .or, otherwife, for want of fuch proof, to. be difcharged. ,Sec. 5 : No. 5. ,To continue during prefent War. Sec 72 TITLE 86.87. Sec. 6 : Ko. 6. Ad to take tffcA in fevcn diyi after publication. P. 56. Stat. 33d, Geo. ad. Cap. 1, t>cc. i : Na 7. Makei the Statutes jsd Ceo. ti. Cap. it, perpentil. TITLE 87. Servants. p. 113. Stat. 5th, Geo. 3d. Cap. 7, Sec. i, 2; No. i. , All indented or hired 'crvants, for a term not lefs than (ix months, (hall have a certificate from former mafteri which fucceeding mafler (ha'l receive and keep in his hands. Perfon convifted at Sefli- ons of having afervant without fuch certificate, to forfeit lol. half to the poor and half to the informer, to be levied by dillrefs: perfon refufing to grant certificate for five days after notice of complaint before a Juflice, he may, if he lirids fuch refufalto be without good caufe, grant the fervant a certificate, which fhall be as good as if granted by the mafter. Servant convified before two Judices of counterfeiting fuch certificate, to be publicly whipped. Sec. 3,4 : No. 2. Servants deferting (hall ferve double the time, and if defertion be in feed .ime, harvefl, or during the (ifhing (eafon, the Seflioni may, according to the damage, make the time of fervice longer, Pei bns complaining of defertion, niufl prove, before a Juflice, the time of the fervant't abfence, and expence of recovering him, and jbtain a certificate thereof, on which the Court may pafs judgment. Sec. 5 '• No. 3. Two Juftices, if complaint made within ten days, unlefs prevented by ficknefs, or by the mafter, may ex- amine all charges for cruel or bad ufage by mafler, atid may make order for the fervantt relief, either by difcharging him, or otherwife. Party, not fatisfied, may appeal to ScHions, there to be finally fettled. Sec. 6 : No. 4. Mailers of veflels knowingly harbouring fervants, without mafler'a permifEon, forfeit lol. to be recovered in aCoartofRecord. Sec. 7, 8 : No.. 5. Before any perfon fhall accept an afTignmentof a fervant indented in Great- Britain, or Ireland, he (hall g« before a Juflice, who fhall examine the indentures, and certify if there be no objeflion to the aflignment, Perfan hiring in the fifhery for a llation that he is not qualified for, (hall, on proof theieof before one Juflice, forfeit all his wagtri. P. 255. Stat. 28th, Geo. 3d. Cap. 6, Sec. i, 2 : No. 6. No engagement of a fervant to be valid for a longer period than a month, unlefs made in writing, and figned by both parties, in prefcnce of' a witnefs, who mufl read and explain the agreement, which mufl fpecify the period of fervice, and the wages. Juflice to enquire into complaints againfl fervants for mifbehahaviour, and, if well founded, to order a part of the fervant's wages, noi exceeding 5s. to be (topped. Sec. 3, 4. 5 : No. 7. Mafler, or miftrefs, felling fpirits to their hired fervants, are not allowed to (lop their wages for tlie fame, and fhall forfeit, on conviflion before a Juflice, double the value of the fpirits fo (old. A perfon fuing a fervant or comm*n la- bourer (hall be non-fuit, if it appear that any part of the demand, either direAly or indireOly, be for fpirituous liquors. And a tavern-keeper, or retailer, who (hall buy, or receive in pawn, from a fervant or common labourer, wearing apparel, tools, imple- merits of trade, hu(bandry, or furniture, (hall forfeit forty (lullings, and the property be immtdiaieiy reflored, or double the value paid, on pain of imprifonmeat, not to exceed a month ; complaint to be made to a Juflice cr Juftices. Perfons keeqing tave.-n, or retailing fpirituous liquors, to forfeit ten /hillings if iliey 4I0 not keep this AA polled up ia a confpicuous part of their houfe. Sec. 6 : No. 8. Three Juftices, en examination, to commit to jail 01 bridewell dilbrderly or beggarly perfoM, who have n« vifible TITLE 87-88. 75 f iEble mtini to obuin an honeft Urclihood, u4 to bind out fuch perroni for » term net txecedina ttrtn yttn. Pcrroni caa> TiOed of clergyable offcncei, majTi at a further puni(hnMni, be bound out to fervice. Pcrfooi hanng fcrvanu bound to them* may, with the approbation of three JuAiceii fell, or alEgn, their time to otheri. Sec. 7, 8 : No. 9. JsRieei to make further reguhtioni for the goremmeot, and pinUhmenti of ferTanti, and apprehending runawajrit and all other Ada not altered by tkia to bein force. TITLE 88. r Sewers. ^. 59. Sut. 34th, Geo. ad. Cap. 7, Sec 1, a r No. 1. Governor, with the advice of Councili at the requeft of Pro- prietOTi, to ^nt Commiffioni of Sewert, for building and repairing Dykes and Wears, danuning and flowing fwampi, and drain> ing the fam*. Commifionera to meet and confult refpcAiog the fame, to employ labourers onthe befl terms to cffe£) fuch pur* pofes, and ux the owners for payment, having rcfpeA to quality of land, and bencEt received (to appoint Colle^ors to receive the tax, with power to dillrain for the fa ie, and to call CollcAors to account, to value the dykes made before the date of their commiffionsi and rate thofe who are benr led thereby, and who have not contributed. Commiffioners, out of aiTefrmeots, to have fuch allowance as Governor and Council aall appoint, to whom, when required, they muil account. Sec. 3, 4 : No. a. Proprietors who negleA, or refufe, to pay rates, the otherpieprieter to hold delinquent's lands, fo long as Commillioners (hall think requifite, for the profits, to reimburfe them. Perfons grieved by any proceedings of Commiffioners, may appeal to Governor and Council, who may order lands to be reftered. v. 88. Stat. 3d and 4th, Geo. 3d. Cap. i, Sec. 1,2: No. 3. A Juftice, on complaint of Colleftor, to grant warrant of diftrefs againfl fuch as refufe to pay dyke rates, and for want of diflrefs, to commit delinquent till he make iatitfaAion. Juflicc to let the lands of abfent proprietors, until dyke rates paid. ''P. 110. Stat' 5th, Geo. 3d. Cap, 4, Sec. 1, 2: No. 4. Proprietors of dyked land, prcfeot in the Province, who refufe to pay rates, and (hall not have any goods whereon the fame may be levied, fo much of his lands are to be let out by one JuRice, aa will be fuilicient to pay the rate due. P. 143. Stat. 8th, Geo. 3d. Cap. 9, Sec. i, 2 : No. 5. Every proprietor of marfh lands, when called on, fliall attend himfelf, or fend a fufficient labourer, with proper tools, to work in dyking, ditching or draining, agreeably to the regulations of the Sewers ; and if he have oxen, or carts, he (hall be obliged, if required, to ftml the fame to work io proportion to labourers ; and, if he owns more than one right, he (hall furniih labour according to the quantity of Ian J, as the Seweis (liall agree. Pro> prieton to have fix days previous notice of the time and place where the work is to be done. Sec. 3. 4 : No. 6. On any fudden breach of a dyke, every owner immediately, on notice, to gotowork, and to exert themfelves from day to day, to repair the damage, fo long as the Sewers (hall think necelTary. Proprietor to forfeit 5s. for e- very day's negleA of ordinary work after notice, and los. for every day's negle£l, on any fudden breach, over and above their rates, to be recovered before a Juftice, and levied by diflrefs ; and, ft>i- want t ^reof, his lands are to be leu Proceeds of fines to be paid to the Sewers for general ufes. P. 155. Stat. 9th and loth, Geo. 3d. Cap. 2, Sec 1,2: No. 7. Where no perfon appears to pay dyke rates, and no diflrefs can be found, Sewers fhall advertize the delinquent's lands in the public prims for three months to let ; and, if nu ftion ' appear to hire the f.«me. Sewers are, by warrant, to ditedl the dyked or drained lands of delinquent, to be valued by three i)eifons, on oath, and then (hall order the Sheriff to fell fo much thereof as will pay the rate. SherifT to execute a deed, and give pulidl- fion to the purchafer, his fee to be ics. Perfons grieved to appeal to the General AfTembly. P. 167. Stat, nth, Geo. 3d. Cap. 9, Sec. i : No. 8. . , AH appeals againl procceilirgs of CommifTioners to be maJc to the 'CoTcraor and Council, inilcad of the General AfTembly . K J^'- 74 TITLt !?'3.89-.3o. p. asj. Sut. aift, Geo. 3d. Cap. 3, Sec. 1 : No 9. Wh«rt Todt or foil for nuking a common dyke hifi b«to cut off my ftroprietor'i inarfli,or inv part of it lur t>ren wiinici' awiy, ■net, by making • naw dyke, loft, tb« Scwcrt (hall hkt* the famt vt- uca by iiTC difinttrc lied IrcchoMrii, r\«ain fur ih^i (jurpofo i and if thr piu|>riftort have in fuch mtrlh any common, or. undivided marlh land, the Sewcri (hall cumpenratc the injured p«rty out of the litnic i and where nocommop marin, then the value to be aiTefTed on the other proprietor!. P. ^'60. Stat. 30th, Geo. 3d. Cap. 7, Sec. 1 : No. 10. When the charge of dyking or draining (hall exceed ji. per acre, the Sewcrt Ikall alTcmble the p-oprirtori to tlcA afTefTorti who are to be fworn, and, with the Scweri, are to aiTcri the tax on the propricton, having refpcA to the quantity and quHlity of each pcrfon> laadti and the particular benefit received. P. 315. Stat. 33d, Geo- 3d. Cap. 4, bee* 1, a : No. 11. Commi(Soaera not to cxercife any of the poweri given by the AA of the 34th of Hit late M^Jefty, unleft called on by tb« owneri of more than a half part of the marlh. Thii Aft u not to extend to prevent Commiflioneri (ttfft repatiing breachei, or draining maithei heretofore dyked. TITLE 89. . Sheep. ' P. 315. Stat* r9th, Geo. 3d. Cap. 7,Sec> 1 : No. 1. ' Jufticei in SelGons to make regulations to prevent the clandeftlne driving away (heep, or lambe, from the difTereat Townflupsi .and perfooi tranfgrelfiag to forfeit a Turn not exceeding jl. to be recovered before two Jullices, or the SclSoni. P. 33 1. Stat. 34th, Geo. 3d. Cap. a, Sec. i : No. a. A peiibn keeping a dog i^ccuftomed to kill (heep, after notice givso 10 Jut it away, (hall fi) 3d. Cap> 10, Sac. 1 : No> 3. Sheriff miy admlniAcr to ippraiferi of ftofttij allkcKcd, or ovrrnorto prick another t the fame pcrfoa may be returned to tervr tfccond year, unleli the Jiafiuni requcll the contrary. SheriCto take the oath required by the AA. Sec 6 : No, 4. If the SheriiT die, hia depHty ia tn do the duly, and the principal furetiei are bound for him vntil another flherifl'be appointed 1 if there be no deputy, the Jwigei of the Inferior Court may appoint a perfon to do theduty» J|||>o (hall give fecurity, and I'erve until another ia appointed. ^ Sec 7» 8, 9, I Q, 1 1 : No. 5. The writ of rummona. in (ut«r«i ie i» be dtrcAed to the .Sherif, end vhe form of it ia ap- , Twinud by the AA ; and the feea M be taken by the SheriiT arc alfo regulated, and he it made fubjeA to a profecution if he de- manda greater. Property attached, and appraifed, if of a peKlhable nature, may, on notice to defendant, and hii refufing to give ' fecurity, be ordered, by a Judge, to be foldf ami uwnqr held tvnfpond judgment. Fioea recovered under ihia Adl to be paid into the Province Treuuiy. , Sec. 1 3 : No. 6. The proecfa of the Inferior Court to extend only through tlie County or Diftri to be recovered in the Supreme Court, if the aAioo bt brought in three montha. Sec, 14 : No. 8. Re(ieaUthe AA af the iSth Geo. 3d. Cap. a { alfoialithc AA of the xjd Geo. 3d. Cap. 1, except , that part which rclatea to the Clerka of the Crown, Clerka of thi, Suet, ud Prothoootuic» ol the Supreme Court ; alfo repeala the AA ofihe a8th Geo, 3d. Cup 7. ; P. 430. Stat. 40ih, .Geo. 3d. Cap. 15^ Sec. i : No. 9. Civea to the Sbetiff additional feu in feverai inftances. Sec. a, 3 : No. 10. Fees for fervice of Wtita in the DiftiiA of Yartnoiith, Colcheftcr and PiAou, to be at though they were . feparate Bailiwicki. AA liipited for one year. TITLE 91. Small Pox p. 407. Stat* 41ft, Geo. 3d. Cap. «, Sec. i : No. i. ^JSmall Fox, repealed. Aftoftl)jL39th Geo. 3d. tetegolatrftettaaice of inotuJatia^ for tke ;5^ TITLE 92-93. Soldiers. P. 350. Stat. 35th, Geo. 3d. Cap. 4, Sec. i, 2 : No. i. £oldiert, and Oflicen, inarching from one DiftrlA, ts anttlier, t* be billeted at Inns, by a Juflice cf the Peace, on the Officer, commanc^ing the party, producing to the Juftice the orders for fuch march from the conunandiog officer in the Province : If there is not Sufficient room &t the inns, then billets to be granted on the faoufes retailing fpirits. Fcrfons refuting obedience , to the Juftice's written billet, to forfeit 5I. to be recovered in a Court of Record. p. 350. Stat. 3.5th, Geo. 3d. Cap. 5, Sec. i : No. i. A perfon knowingly afEfting a-dclerter to forfeit 5L and Alike penalty . of 5I. for receiving foldier's arms, or necellaries : tobe levied, on conviction before two Juftiees, by diflreCi, and, for want thereof, offender to be committed for three months, or otherwife, whipped. ' No officeri under pretence of fearchiijg after defer- ^ers, to break a houfe, imlefs by warrant from a Juftice, under penalty of 20l. :P. 436^tlilhed,^jd officer, at his option, may profecnte tbofe who encourage dcfertion, either before two Juflices, or in the Supreme Court : and, ifconviflcd in the Supreme Court, the penalty to be not exceeding 40I. and cofl { and, ifconvlAed before two Juflices, the penalty tobe 5I. Penalties to go tothe poor ; -and offender, if unable to pay the penalty, to be publickly whipped. P. 467. Stat. 43d, Geo. 3d. Cap. i, Sec. 1,2: No. 4. Penalty, for harbouring deferters, tncreafed to 20I. Peace Offi- cers to apprehend perfons fufpeftrd as deferters, and bring them for examination before a Jullice, who, on due proof, may com- mit the perfOn, and inform the Governor, or next commanding officer. All keepers of prifons are obliged to receive deferters, and are entitled to thiir full fubftilence^ while in cuftody, . t^ pay for iheir ^jnaintcnat^c. which is the only fee fuch Keeper fhal iuie. i 1 i'LE 93. Summary Trials, 'Pv u'; ■^J-'t. 5th, Geo. 3d. Cap. 1 1, Sec. i, 2 : No. i. Supreme and Inferior Court may try all aflionr, the fum total of wMeh does not exceed lol. in a fummary way, according to law ami (.quity, hil-jtfl to a Writ of hiror from the Inferior Court to the Sunrrm<: Court ; when the judgment OiaH exceed 5!. exammatiuii. of uttialFcs fhali. be taken ia.wnung, andif thffaift appear >j.^ 1'-^ TITLE ^3. IT * P. 170. Stat, nth, Geo. 3d> Cap. 21, Sec. i, 2 : No. 5. Caufes not exceeding 3I. may \t fued before oce JuAlce, in Ha- lifax, the fummons is to be direAed to the ProToft Marlhal, or deputy, and to them, or the ConClabie, in the I'eft of the Province ; if defendant is abfent, a copy to be left at his lad place of abode three days before trial, hu, if prefent, the fummons to be read to.hiro : fee for fervinf fummons as. 6d. ; feivice of execution is. with is. poundage. , Juliice.'* whole fees, iucludiogexectition, 4s. led. If th*«iificer travels. abore twom'ilet he (hall have two peocspermile. Sec 3, 4 : No. 6. Gives the form of Summons and Execution, and allows the Juflice to take the confeOion of a debtor, for & urn not exceeding 3I. the fame as in the Supreme Court :- Juftice's fee thereon, including execution, 2s. * P. 181. Stat. 13th and 14th, Geo. 3d. Cap. 9, Sec i, a, 3 : No. 7. ■ Supreme and Inferior Courts io try, in a fummary way, caufes not exceeding 2 ol. fubje£i to a Writ of Error from the Inferior Court to the Supreme Court. Ifjudgment ex- ceed 5I. and on examination «f witnelTes, the fad is doubtful, or the parties defire the caufe (hall be tried by a Jurv^ the Judges of the (ame Courts may receive Uie debtor's confeffion fur the like fum, the fame as if the debt did not exceed lol^ ■ P. 191. Stat. 14th and 15th, Geo. 3d. Cap. 15, Sec. 1, 2, 3, 4 : No. 8. VVhece the whole dealing does not exceed : three pounds, creditor niay caufe debtor to be fummoned before two Juftices of the County where either ;d wells, who fhall ad- judge the caufe according to equity and good confcience. Defendant may fetolfhis account againft plaintiff. Juftices may or- der defendant to pay, by inftalitients, according to his circumftancss, and may allow ooft ; if judgment be above twenty (hillings, party may appeal ; if defendant does not appear, or perform the order of the Jtrflices, they may-iflue a warrant of diflrefs for d^t and cod, and for want of goods, may commit defendant for a period not exceeding two months, according to the amount of the debt, or until he perform order ; where the whole dealing does not exceed three i>aunds, no adlionto be brought for the fame . in any other'Court, except by appeal ; not to extend to debt for rent, real contrad, or fpecialty, or coouaftconceroitig marriage. Sec. 5, ^, 7, 8 : No. 9. In Hali&Xi fummons to be direfted to the Sheriff, or his deputy ; and, in other parts of the 'Province to him, or the Condable of the Towrifliip ; officer to read the fvmmons to diifeadant, or, if abfent, to leave a copy at ' his lad place of abude three days before trial; fee, for fervice, one fhilling, and two pence per mile travel, and the fame for ferviag warrant of diClrefs, or commitment, and poundage of a (hilling for levying and felling the didrefi. Judices' whole fees 2s. 6d. for the fummons, is. for the judgment, and is.4d< for w: rrant to commit, or didrain ; and ii the fum fued fordoes not exceed 5s. theie (hall be no cod ;perfons takingany larger fees to pay. a penalty of 5U to be recovered in a Court of Record. The 8th Sec. gives the form of the fummons. jT. 194. Stat. 15th, Geo. 3d. Cap. 3, Sec. i : No. 10. Where the whole dealing fiiall not point. The Seflions to examine, cv.:ry quarter, the proceedings, of the Court* and to fee that the fame are kept regular. Sec. 7 : No. 17. Appeal.giyentolnferior Court, and executionsfufpended on fecurity; lift of appealt to be returned to Inferior Court, an df a day fhall be appointed to hear them ; caufes to be re-tcied on the evidence, certified by the Clerk ; if ap- peal appear to be without foundation, coll, not exc«eding thirty (hillings, to bc^iven ; but, if otherwife> no colt to be paid by ap- .pelhint ; no certiorari, or other writ,, to fe( aiide fuoti final judgnient to be allowed. Sec. 8 : No. 18. ■* No Juftice, within the pcninfula, finally to commit to Goal, or Houfe of Corredion, any criminal offen- der, but Aiall order him, when apprehended, to be carried to the Rotation Court, if fitcing, but if not, then fuch Juflice vuy corn- it for further examination before fuch Coart t the keeper fliall give notice to the Clerk nf fuch commitment, who (hall inime- itclyalTemblethe Court, and notify th$ Juftice who made the commitment to attend, when the whole examinations (hall be correiSlly taken by the Clerk, in writing, and .figned by the Jufticet, who fliati finally commit, or difchargc, the prifoncr, and re- turn the examinaiions to the proper Court. Sec. 9, lO} II : No. 19. The Court allowed totake the fame fees as a fingle Juftice, which are to bo received by the Clerk, who (hall account, on.oath, for the fame, .quarterly, to the SefTiuns, out of which the Juftices, the Clerk, and all other ne- celFary charges are to be paid. Two Juftices mutt confent to every judgment,, two. of whom may bold the Court ; the procefj to extend throughout the County. Tiie duratioa of the Aft limited. P. 45°' Stat. 41ft, Geo. 3d. Cap, 15, Sec. i, 2, 3 : No. 20. The Aft for the iummary trial of anions before Juftices of the Peace, in the Town and Peninfula of Halifax, revived i the SefTions to appoint the Clerk fur fuch Juftices Court ; and, fron -time to time, to regulate the lift of Juftices, who (hall ferve in rotation therein, and (hall like wife appoint Conftables to attend fuch Court, and take all other meafures neceflary for the opening of fuch Court, and regulate the office of theCleik ; the fam. mary jurifdiftion of Juftices ia civil caufes, within the Town and. Peninfula of Halifax, taken away, and veiled in the Juftices Ro- tation Court. Sec 4, s,6i No, 21 • In cafe of fire, or ether difturbance, the Rotation Court (liall meet, and continue fitting while occafion ftiall rtquire it. A Special Court ftiall be fumrooned by the Clerk, when one Juftice ftiall require it. And in cafe one , or more of the Juftices, whofe turn it fttall be, ftiall be prevented, by any canfe, from attending, the Clerk (hall furamon the next in rotation. The duration of the Aft. limited. P. 473. Stat. 43d, Geo. 3d. Cap. 13, Sec i, e, 3, 4: No. 22. Continues the former Aft for a year, and direfts all Juftices within the peninfula of Halifax, who may commit a criminal ofl«nder, to give immediate notice thereof to the Clerk of the Rotation Court : the Clerk to receive a fixed falary, and nut fees. The Fees of the Rotation . Court regulated, andj.uf< , tices, or their Clerk, aade liable to yrofecutioa if they take any greater fee. TITLE 94. ' Supreme Court. rJP. 14^. Stat. 8th-and gthi Geo. 3d. Cap. 5, Sec 1 : No. u . £(UbVfiet foar Terms fc<^i»Mit){ the Stipreme Centt, ., ikod confirms lU^roceedingi in laid Tcrau. f ^' ^ TITLE 94. n P. 151. Stat. 8th and 9th, Geo. 3d. Cap. 9, Sec. i, 2, 3 : No. 2. Ju^^icpt, in Counti«» on the Tea coaft, or which ha»e pocommunicitionhy land with Halifax, may commit felons ro -ho jiil at HalifHXi and bind witneifei to appear at Supreme- , Covrt there : which Court may try fuch felons, tlie Ikme as if tlit offence wm committed iothe County of liiillfax. P. 1 88. Stat. 14th and 15th, Geo. 3d. Cap. 6th, Set. i, 2, 3 : No. 3. Supreme Court, in future, to be held at Ha- lifax, Horton, Annapolis, and Cumberland. The Termi at Halifax, t« laft fourteen days, and in cafe of neceflity, Judgea to ex- lend the fame fix days ; in the Country the Terms not to exceed five days ; procecdines to be the fame as at Halifax { and thft laws refpev'ting jurors to extend to Courts in the Country. Two Judges.of the Court luffipientto do bufincfs. Executions iflued from the Supreme Court, for CiinilKi;land County, to be returnable in fixty days. [See Inferior Court, No. 3.] P. 219. Stat. 20th, Geo. 3d. Cap. i. Sec. 1: No. 4. Supreme Court to fet in Halifax the i ft Tuefdi^ of April, andfecond Tuefdays of July and Odober. P. 274. Stat. 29th, Geo. 3d. Cap. 12, Sec. i. 2 t No. 5. The Puifne Judges of the Supreme Court, while in office, and , , refldent in the Province, to be each paid 400I. a year, and to be remoTable at His Miijetty's pleafure, or on the joint addreis of - the Council and Aflembly . P. 329. Stat. 33d, Geo. 3d. Cap. 18, Sec. i, 2, 3 : No. 6. Supreme Court, at . Halifax, may continue its terms as long the Aft for fummarf trials, and the Aft refpefiinf procefiiflued by JafUces of the Peace ; the A& for preventing auifancet in rirers ; an Aft for resulating the , timet for holding Courts, and returning writs i an A A to prohibit the export of warlilie ftorei ; an AA for cftabliming Courts of Nifi Prius ; an Aft for the infpeftion ef falted beef and pork ; an Aft to regulate bread ; an Aft for ilnldng wells t an Alien . Aft : an Aft for iofpefting red herrings ; an Aft refpefting SAerifTs ; an Aft refpefting County Rates { an Aft refpefting Cord Woodt two Aftt reipeftiog Markets; aifo, an Aft refpefting fummary trials at Halifax. TITLE 97. Thiftics. iB, 385. Stat. 31ft, Geo. 3d. Cap. 6, Sec. i, 2,3, 4: No. i. Jullicet, at the opting SeiGons, to make, and publilh, re- gulations to prevent the growth of Thiftles in the federal Counties, and to appoint Infpeftors to fee fuchMegalations carried into effeft : Infpeftors refufing to /erve, or negleftiog their duty, to forfeit 3I. and perfons difobeying regulations to pay, for each ofTence, forty (hillirigs. Tenalties to be recovered at Seffions, and levied by diibefs ; half to go to the informer, and half to the roads. Sec. 5, 6 : No. i. When the SelGons (hall not meet until the Tall, a Special Seflions may be held for the forcgoipfi purpofe. -This Aft to be read erery year, after fweariog the X/raactJury at the Seffioni. TITLE 98-99» Timber. 8i P. 172. Stat. lath, Geo. 3d. Cap. 3, Sec. i, 2 : No. i. Timber, hewed for tlie Britifli Market, to be found, prnpfily fquar- ed, net lefs than ten inches fquare, and free from bark; none other to be furveycJ for the 2riti(h Market! and no trader ihall be obliged to receive any other for that market, unlcfs by particular agiecment. P. 184. Stat. 14th and 15th, Geo- 3d. Cap. 3, Sec. 1, 2 : No. 2. Perfons injuring or cutting marts, or timber of ary kind, without licence, on the King's referved and ungranted lands, (hail farfeit not Icfs than tool, to be recovered in a Court of Record, half to the King and half to the informer ; and, if unable to pay the fine, to fulTer fix months imprifonnicnt. Sec. 3 : No. 3. Perfons wilfully deftroying, by fire, the limber on fuch lands, to fulTEir as a felon. Sec. 4 : No> 4. Not to extend to the cutting firewood, or underwood, fuch as ufed in the fidiery, within half a mile of the fea fhore. P. 193. Stat. 15th, Geo. 3d. Cap. i, Sec. 1 : No. 5. Perfons inhnbiting the ifland of Cape-Breton, and fuch as are employed In the fifhery, may cut, off rcferved lands, fuel and materials for the filliery. P. 321, Stat. 33d, Geo. 3d. Cap. n, See- 1, 2, : No. 6. Timber, for exportation to Europe, Ihall be true lined, well fquared : no appearance of the fcoring to be left ; the butts to be fquare ; not more than one inrh wcin thereon ; and to be free from rots, fpiits, ot worm-holes ; if under fixteen feet both ends to be the fame dimenlions. No pine, or fpruce, to te lefs than twelve feet ; nor hardwood Iffs tJKin four. Surveyor ctrlifying timber, as merchantable, which docs not anfwer the delci'iption ofthisAfl, to forfeit not more than lol. for each cfTence : to be recovered in a Court of Record. Surveyor to be allowed two-pence per ton> with rcafonable travelling charges. TITLE 99. Titles to Land. ,P. J. Stat. 3 2d, Geo. 2d. Cap. 2, Sec. i : No. i. Perfons claiming lard:, by virtue of grants or deeds entered in the public ' regidry, or by virtue of any lafl will, whether in their own riiiht, or rij>hi. of ano:l)ir, to hold and enjoy the fame : any want of form in fuch grants, deeds, or wills ; and ail pofTtinons by virtue thereof ccnfiimcd. Sec. 2 : No. 2. No papift to hold any lands, except by grant from the Crown. All deeds, or wills, conveying lands to a, papift, or in truQ for a papill, to be null and void j fuch UmU not to revert to the grantcr ; but, on cor.vidion of fach papill, to revert to the Crown. ' Sec. 3 : No. 3. Before any grant, or deed, he rc;;i(lered, e\crnt granfs from the Crown, the perfon to whom the fame mall be made, fliall take and fublcrihe the KtHte Oulis before the Rtgiller, oi his deputy ; and the deed or deeds to the peifoii who {hall refufe to ti.Le luch oaths, to be void. . Sec. 4 : NtJ. 4. Saks made of lands by Provoft Mirfial, to fatisfy jjdgtuents, confirmed. L Sec 82 TITLE; 99- ; Sec. 5 : No. 5. ProviJed that perfons, or their heirs, whoFc lindi have been fold, «»y, within twelve months from the fecond of OtHoher, i 75!), redeem, on payment of principal, intcreft, and col(,and for all improvements made thereon ; and may have aflion cf account afdiiiK the creditor, at whofc fuit the finie were fold. The purchaferi of fuch lands made accountahle for wil(ul waile. Writ of execution to ifl'ue to put the party in pofit:flion, on payment of the halance which fhall be adjudged due an fuch a(flion of account ; and if the baUnce of fuch account ihall. be io favour of tlie perfon fuing, execution .may be twarded him for the amount thereof. Sec. 6, 7, S : No. 6 Provided that debtors may, in tv.elve months from fecond of Oflober, 1758, recover their lands, if fold hy execution, from the purchafer, on paying him what he really paid for the fame, with interell, and alfo paying for neceflary repairs or alterations, and may likewife have action of account againll their creditors. Deeds made by purchikfert, within one year from the fecond of October, 1 758, for a larger fum than fuch purchafer paid for fuch lands, to be void. JScc. 9 : No. 7. No f4lcs of land hereafter to be made by Provod Mirfhil, by virtue of writs of execution. Sec. 10: No. 8. Nothing in this Afl to bar the titles of/cm« .avert, perfons infane, or in captivity, if they (iie within one year after impediment removed. Sec. 11, 12, 13 : No. .9. The Rcfolutiens ofthe'Govemor and Council, touching the regiflry of deeds, and all proceed- ings had agreeable thereto, conSrmcd, and all deeds, in future, to be regiflcred at full lenp,th, on tic oatli of one witnefs, withpdt any other ceremony or form heretofore ufed ; and, on proof of the lofs of a deed being nude in Court, the regidry thereof to'be admitted as good evidence of fuch deed. N. B. Forfurthcr i.aiticulars,fic llcfolutionsof Governor and Council, Title 81, No. 2, to 10, inclufirr, P. 44. Stat. 33d, Geo. sd, Cap. 3, Sec. i, 2 : No. 10. The former French inliabitants of this Frovince, and all pcrfoos deriving title to land under them, are forever barred from any aflion to recover thefanie. P. ^y. Stat. 34tli, Geo. 2d. Cap. 4, Sec. i : No. 11. Rcgidrar to record deeds executed in Great-Britain, or Ireland, or in any of His Maje(ly'$ Colonies, if the execution be acknowledged by the grantor, or proved, on oath, by one of the fubfcribing witnefles, l^efore one of His Majerty's JuHices of the Feace of the |)hce, and by him atteded, which attellation, if made in the Colonies, mu(l be authenticated by the Governor, or a Notaiy ; and, if in Britain, or Ireland, under the fcal of fome corporation, or Noury, certifying the pcrfon to be a Jullicc, and that credit is due to hi? atttftation. P. 60. Stat. 34th, Geo. 2d. Cap. S, Sec. i, 2 : No. 12. Where grantees of land on the peninfulaof Halifax are abfent from the Province, or have lived thereon fcven years witheut improving, the fame ; likewife where any grantees of land are dead, and no peifon appears in their right to claim the fame, an inquefl of office may be taken thereu])on by the Commiflioner, and up- on fuch inqueft being returned into Chancery, the Governor may re-grant the fame land, and pcrlons may trkverfc luch inqucll within twelve months ; and if not done within tliat time, the ft:cond grant to be abfolute. Sec, 3 : No. 1 2. Every pcrfon claiming, by virtue of the rrgiftryofa lot of land, granted to him (imply, a< a lot without any formal conveyance, under the feal of the Province, (hail have a title thereto in fee fimple, notwithltanding the want of foroi, (except perfons abfent, or neglci^ting to improve.) P. 66- Stat. ift. Geo. 3d. Cap. 3, Sec. i : No. 13. Mino|-s, feme avert, peifons infane, imptifoned, or abfent from the Province, may fae, within (ive years, after impediment removed. P. 115. Stat. 5th, Geo. 3d. Cap. 8, Sec. i : No. 14. Kegiflcr to receive zs. for regiftering a deod thatdoes. not exceed two hundred words, and one' (hilling for every hundred words over two hundred ; one (hilling for the fame number of words in aa office copy, and for a certificate one (lulling, and the fame for a fearch. P. 130. Stat. 7:hard 8th, Geo. 3d. Cap, 2, Sec. 1 : No. 15. Ob petition from one or more inhabitants, praying a divifion of their lands, the Supreme Court may order a writ of partition to iffue to the Provofl Marfhal, who mud execute it in prefence of two Juftices, and muft firft alfign to each proprietor the lands by him improved, and occupied ; and the unimproved land mpft be divided into fliarcs, according to the number of proprietors, and drawn for in prefence of a jury ; of all which due return muft I be made to the Court, that judgment may be given thereon. Forty days notice to be given before execution of the writ. Judg- raeflt by default to be entered againft thofe who peglett to appear after notice, who may, within fifteen days after, apply to the , Court to fet the, partition afide ; otherwife, final judgment to be given. If any inequality in the partition be made appear, the Court may, notwithftanding the return, order a fecond partition, which (hall be final againft all perfons, but' fuch as are under legal difability, who may apply to fet partition afide, within one year after the determination of fuch dilability. Perfons abftat, entitled to three weeks notice in the newfpaper ; and they may, within a year after, apply to fet partition afide, and if another partition be ordcretl,.and made, the fame (hall be final. : Perfons who have improved lands, given them under firfl partition, fhall rot be divelied thereof by fecond partition, but anAJIowance (hall be nuile to the others on account thereof out of the uoiroproved „Jand3. S«c. .301- TITLE 99. •i Sec. 2, 3 : No. 16. No plel in ibittment allowed 1 ind on all app«»li difmi/Tcdi eofti (hall be awardc^ geainft the paity making theTame. This AA not to prejudice Hit Majelty's light to quit rcnu. it * 1 P. 141. Stat. 8th, Geo. 3d. Cap. 8, Sec. i : No. 17. ' '""t Heir negle£tiogi one month after demand, to fet o><,t dower, the widow may Cue for the fame, and thit SeAion gives the farm of the writ. SeC' 2 : No. iS. Widow Ihall recover damai;ei from the time of demand { and, on obtaining judgment, (hall have a Writ of Seifin, the form of which is given in this daufe { and, wiicie no damages are recovered, the writ (t\»l\ ^vn only for| SciCn and coft of fuit. 1 , . Sec. 3, 4 : No. 19. Sheriff to fet off dower by the opinion of three, at leafl, out of live freeholders, who (hall be fwori^ for that purpofcby a Judice; and if the inheritanc* be fuchthat the widow cannot beendowcii uf the tiling iifeif, (he (hall have a third of the iflucs and profus, to be computed as aCurefaid { widow not to commit waite, but to keep premifct in good repair, and leav* the fame fo at the end of the term. P. 152. Stat. 8th and 9th, Geo. 3d. Cap. 10, Sec i : No. 20. Jury, to make partition, need not go on the lands to be divided, but may proceed to make fueh partition in any place within the County. P. 167. Stat. 1 Uh, Geo. 3d. Cap. 6, Sec. 1, 2 : No. 21. A wife, pany with her hulband to a deed for the fale of lands, (hall not be, thereby, barred from her dnwer, unlcfs (he be examinrd by a Judice, and he ccitify that flic lad freely eaecuttd the deed, and affigned her dower. This AiX not to afltYl any deed prior thereto. P. 173. Stat. i2th, Geo. 3d. Cap. 5, Sec. i, 2 : No. 22. RegiHrar (hall appoint deputes, to be approved of by the Go- vernor, in the different counties, and regiftcrs made by fuch deputies within the limits, to be valid} and il the original deid be , proved to be lolt, then the rcgidry to be good evidence ; where deputies are appointed, deeds (hall be regillcred in the county or didriA where the lands lie. Sec. 3, 4: No. 23. Deputies to certify and t.-anfmit to the Regiftrar at Halifax, every three months, an extrad of all deeds by them regidered, and he Ihall enter the fume in the rcptftry at Halifax, with a n«tr of ttie time when received, which (liall be as cffeAual for thofe already regiOared, or hereafter to de rcgiltered, by fuch deputies, as if tlie fame bad been made by the Regidrar himfelf. Deputies neglt>!lin};, to forfeit 5I. and pay all danMgesto party injured. Entry of the certificiites of the regillry of deeds, by deputies, before this AH, if entered in ilie rcgiltry at Halifax before the firfl uf November, to be valid, but not to aifeit the attachment of lands, or judgments recovered. P. 778* Stat* 13th and 14th, Geo. 3d. Cap. 2, Sec. i, 2: No. 24. All accounts of expences for executinj> a writ of partition to be laid before the Supreme Court, which (hall appoint perfons to alfifs the fame, the rate, when made, to be levied, on ' profits of the lands, or goods and chattels, of perfona in po(re(rion, and (hall be paid to the pcrfons appointed by the laid Court : oiic Judice, on complaint, may i(fue a warrant to didrain for the fame. Sec. 3 : No. 25. If no property be found to levy the rate on, one Judice- may let the lands ; and, if no perfon appear to hire the fame, the lands iVali be held cliargeable therewith. i?. 272. Stat. 29th, Geo. 3d. Cap. 9, Sec. 1 : No. 26. Deeds to be immediatclv rrgidered, after execution, in the town or didrift where the lands lie; and if there is no Rfgidry therein, then in the Regidrar's ofhcc neared the lands within the county. Deeds made after the id day of June, 1789, to be void, as againll a fubfequent purchaler, or mortgagee, unlcfs regidered prior to the deed of the lad purchafer. P. 283. Stat. 31ft, Geo. 3d. Cap. i, Sec. i : No. 27. Supreme Court, having taken reafonable means te notify abftnt proprietors of the demands a^aind their lands fior making partition, may, on their rcfufal tu pay the fame, and on th( partition of the CulleAor, order the Slicritl to fell at Auflion fo much of (he abfent piopriv.oi's land a!> will pay the charge, and lucb fitic to be valid to the purchafer. P. 287. Stat. 31U, Geo. 3d. Cap. 10, Sec. i, 2: No. 28. Edates held in joint tenancy not to go to the furvivor, but to '^foend to the righ; heirs ; joint tenants, or tenants in Common, who have divided by plan, or lurvey, fliall be bound thereby, as if divifion had been made by deed, or by writ of partition. Sec. 3 : No. 29. Pcrfons wiKuII- removing, or dedroying, land macks, or bounds, (hall, 00 convifllon in 1 Court of Re- cord, be fined, imprifoncd, or whipped, at 'he difcrciion of the Coutt. " Sec l« I mSmmSmm «4 TITLE 99-100. Sec. 4 : No. 30. Grantt made under the Orcu Seal of the Province, in the nimc of (tie Ge?(rner,p«rp0rt1iig to he ((raiitt in feelimple, to be good, npt*ithftiinding dcfvA in farm, or wordi,ind although Hi» Mnjt Ay'i name be out nieniioned thcrtm i provided, at the time of making fuch grant, the landavelUd in Hii Majdtj by io^ucil of uffi(c»i>r oihcrwift t n*conltiuAi*a to prevail to extend the limitt of the grant beyond the true intent thereof. P. 33«. Stat. 34th, Geo. 3d. Cap. 3, Sec. i» 2, 3 : No. 31. Deed* he retdfbre vohintarily cxecvted by married women. Jointly with their hufbands, conveying the efttte of the wife, are declartd valid; and all fuch dttHi hereafter extcuicd, if ar- Itnowledged before a Judge of the Supreme Court, or • Judice of the Jnficrior Court of the County, are aifo made v^lid : and if thtfimt nvt't rcGdeout of the Province the deed mud be acknowledged before a Judge oft Court of ftec.urd. P. 387. Stat. 37th, Geo. 3d. Cap. 4, Sec. i : No. 32. CoHpaunen, joint tenants, and tenant* in common, whether holding in lownfl-ipi, or oiherwife, entitled to the benr6t of the A.& |wfled in the 7ih ye^r of Hit M«jel)y's reign. p. 461. Stat. 4 2d, Geo. 3d, Cap. 7, 8ec. i : No. 33. Tuiftees authorifed to coovey a par( of the Covcrnnent South Farm« for miiitary ules. TITLE 100. Town Officers. P. 106. Stat. 5th, Geo. 3dt Cap. i, Sec. j : No> i. Grand Jury, and the Court of Seflions, to appoint, In the form direJttd by this Statute, five perTons to be Surveyors of Lines, who h,«HuBitk SvrveyoT» of Highwajrti and the SclEoni to nomiatle two, or more, of them 10 fvivc at uccafiun nay require. P. 304. Stat. 17th, Geo. 3d. Cap. i, Sec !» 2 : Nu> 5. Grand Jury fli»II return (is AflcOart, out of whom the Court o{ ,8elEoni IKall nominate three to ferre t four C>>llepuinted to cooiinue uptil oibere (hall be fppuinicd. TITLE 101. Treafons and Felonies, p. 15. Stat. 32d, Geo. sd. Cap. 13, Sec. 1 : No. i. To compaia the death of the King, levy war againft him, adhere t«« did or comfort, the King's enemies ; to counterfeit the King'* nioney, his Great or Privy £eal, or the Seal of this Province} and ail treafons declared by /\ A of Parliament in England, (hall be deemed ireafon in this Province; and all firttifli AAs re- . fpeAing treafons and traitors, and the proceedings and evidence againll them, to be in force in this Province. Sec. 2 : No. 2. Murder, alfo lying in w»tt, and m!)!ming a perfon, is to be puniHied with death, without benefit of clergy, and alio accelfaries thereto puniihcd in liLenuouir ; atiaioder ofi'uch (clony iiOFto work ccrruption of blood, or lofs of dower,, lands or goo 's. Sec. 3 : No. 3. Stsbbing a perfon who his no treapon drawn, or who had not (InKk th; party ; if death is the coofequeace within Gx months, (hall be puntlhcd with death, aliliough malice cani^ot tx; proved. Sec< 4 : No. 4. Mjndanghter, by a perfon in h's own defence, or by -misfortune, or by chance in keeping the peace, or ia chaflizing a child, or fervant, or in any otiicr manner than fpecilied in ihi: two fk>regoing fe6iioos, not to be puniflied capitally. Sec. 5: No. 5. A woman delivered of a hiRard child, who fliail conceal the fime.fo as that it cannot be afcertained whe- ther fuch child was bora dead or alive, (hallluffer as fur murder, unlefslhe can make proof by one wimefs that tha child was born dead. Sec. 6 : No. 6. * Buggery, with man orlwa*^, felony, without benefit of clergy ; procefs to be the fame as in cafes wf felony -•t common law ; and alfdults, f'nh an intent to cuinmit buggery, to be punilhed with the pillory, 6ne, and imprifonment, with : fureties for good liehavior at the difcretioii «f the Cuurt. JSec. 7, 8: No. 7. •Rjipcer raviihmcot, of a woman, or tofaot, above the age «f ii yean, if complaint be made to a Jus- tice 86i TITLE loi. tic: of (he Peace, within ten diys, to be punilhed » a Tclony without benefit of clergy. To hate caroal knowledge ofa rcmale cliiiJ urJ-T II ycirivfige, wither without confcnt, to be punilhed as lad mentioned. Every fioicnt alTauIti with inttnt to ravif'i, to be punilhed with pillory, fiue and imprifenmenti with furctiet fur good behaviour, at the difcretion of the Court. Sec. 9, lo, 11, 12, 13: Ni4. 8. Breaking and entering, in the night, a dwelling houfe, or vefTel, lying within the CouKty, with intent !n commit a felony, -though the intrnt be not executed ; robbing a dwelling houfe, in tlie day-time, a perfon being therein : tircakinj;, in the day-time, a dwelling houft;, (liop, or warehouir, thereto belonging, and taking out thereof goodi, or money, of the \aliie 1)1 f s. though no perfon therein i lobliina another, or fclonioully taking away any goods in a dwelling houfe, and putting any peifun, theirin, in fear t putting a perfon, by night or day, in fear, and robbing his perfon, on the highway ; or prifily flealing lium the peifon of another : ali fuch offsnces, and t'lc acceflitries thereto, to be punilhed at felons, without benefit of Clergy^ Sec. 14 : Nu. 9. Robbing, or dealing, bills, boads, notes or warrants, for payment of money, to be coalidered the fame ai if ^nods had been flolen to the value of the money fecured thereby, and remaining unpaid. Sec. 15 : No. 10 Provided the attainder of any fuch olTcnce, fo made felony, fhall not work corroption of blood, JoTi of dower, or diflterifon of heirs. Sec. 16 : No. 1 1. Receirers of ftolen goads, knowing them to be Hulen, to be punilhed as acceiTaries to the felony, after the faft ; and it is lawful, though the principal be nut cnnvi^ed, to profccute, and punifh,fucb accrff^rirs, as for a mifdemeanor, hy fine and imprifonment : butil fo puRilUedrur a niildcnieanor, not to be liable again to be pr ofccuted at an arceflary, if the principal Ciuuldbe aitcrwards convicted. Sec. 1 7 : No. 1 2. Embezzling goods, or furniture, the ufe of which has been let with lodgings, to be puniflied a: larceny. Sec i8, 19: No. 13. Servant goinj> away with money or gsods, truOed to his care by his matter or "liftrefs ; or, while in rervicr, fraudulently embezzling, or converting the laroe to his or her ufe, being of the value of 40s. fliallluRer death, but if fuch fervant be an apprentice, within fifteen years of a^e, he Ihall be allowed benefit of Clergy. Sec. 20 : No. 14. Perfons malicioufly burning a dwelling, or out houfe, of another, or any pu'ilic building, or the ftack, cock, lick or mow, of corn, Itiaw, hay or wood, of another, lucli perfuns, with their acceiTaries, to (uflFer dcaiii. Sec. 21 : No. 15. Malicioufly fhooting at a perfon in a dwelling houfe, or elfewhere ; or fending an anonymous letter de- manding moHey, or other valuable article, ihuli be punilhed with death. Sec. 2 2 : No. 1 6. Stealing money, or goods, in any other manner than is fpecifi-d in the forej»oing fe^ions, or embezzling any of His M.ijcfty's ftores, or the utenfils, furniture or cloathlng, in any llnre-houfe or hofpital of His Maj'-'(ly, if of the value of 20s. or moie. to be punilhed as larceny ; and if the property lloicn be lelt than 20S. then to be puniHicd, as petit larceny, by public whipping, and, if the Court order ofTender to make reditution, and he refufc, then he is to be committed to the houfe of correction to hard labuur for a teim not exceeding three months. Sec. 23, 24, 25 : No. 17. All property found in pofleflion of a robber, burglar or thief, fhall be delivered by the Juftlce taking examinations, to the Provoft Marshal, his deputy, or conliable of the town, whn (hall keep the fame until cunviiHion of offender : Judge may order reditution to the owner if he dcmp.nd l!ic fame, or, otherwife, to be forfeited ; and, if the Jury acquit the party, and declare the property to belong to profecutor, the Judge may order the fame rcdored : fuch delivery not to bar the j^erfon acquitted, or any other perfon claiming right thereto, from their a^ion for fuch property. Sec. 26 : No. 18. The principal being allowed his clergy fliall not prevent the acceffaries from being ti'ed. Sec. 27, 28, 29, 30: No jg. Clergy to be allowed but once to the fame perfon, the fame to be allowed without the of- fender being required to read. Every perlon copvifted of manflaughter to be marked with an M. on the brawn of the left thumb, and with a T. for any other kind of I'elony ; marKS to be made by the Goalcrin open Court ; after aliowanceof clergy offender to be difcharged, unlefs the Court, for further corieflion, order him to be publicly whipped, or order him to be imprifoned, or fent to the Houfe of Corredlion, for a convenient lime, not to exceed one year ; a woman to be allowed her clergy, and punidied in all refpcdls as a man } the Clerk to certify, at the requeil of any in His Majefty's behalf, the tenor of the indi^ment and cim- viiSlion on which clergy diall have been allowed, which, upon the trial of the fame perfon for another offence, fliall be fufRcient proof, the fame as the record that fuch pcrfcn had the benefit of clergy before allowed. Sec. 31,32, 33, 34: No. 20. Perfons (landing mute when charged in Court with a fcldiry, where the benefit efcUrgy is not allowed, or peremptorily chjIL'ngingabiive twenty of the jury, fliall be excluded the benefit of clergy, and judgment and execution of fuch perfons ihall be awmicd as on coovifUoo by verdiA,or coafelEon ; and if the iilony be Jfucb u allow* the be> iiufit, TITLE 10 1. 8r nefit ofclergy, then, and in fucli cafe, the Coort it to proceed againft fuch perfons »i if cunviAwd of a cter|;yatile ofTt-ncc b/ Trr(li, or confcflion. Nu Dcrfon to be allowed the benefit oi clergy more than once, and perfoni allowed their clergy (lull, neverthcltli, aofwer to all other felonies committed before fuch allowance, wbereupoo clergy is not allowable. Sec. 35 : No. 21. Witneft for prifoner to be fwora thefame as thofe fur the King ; and, if conTJ^ed of wilful perjury, to be punilhed according to law. Sec. 36, 37 : No. 22. All criminal rrofrcuiioni, whether at common law or by virtue of this AA, to be according to the ufaf^v practice, and laws, of England ; and all proceedings refpe^ing feleniciior tnifd'-'niTanors, prior to thii AA, are confirmed, with a laving to all perfons uf any advantage they may have in law, in any proceeding a<5t aally pciiJmg at the time of pafTing thit Aft. P. 61. Stat. 34tli, Geo. 3d. Cap. 9, Sec. i : No. 23. Capital offenders challenging peremptorily more than twenty jurorii fuch challenge (hall be over-ruled, and the jurors fworn fortri,,'. (See No. 20 under this head.) P. 135. Stat. 8t)i, Geo. 3d. Cap. 3, Sec. i : No. 24. When aperfon murdered, dies in a County different from the one ia vhich he received the injury, the murderer may be tried in the County where the pcrfon died ; the liime as if tlic injury and death had both happened within thefame County ; and an appeal of mtirder, when made within the year and day, as well againlt the principal as the acccfFary, may, in like manner, be tried in the County where the death fhall happen. Sec. 2 : No. 25. When there fhall be an aceeffary in one County, to a murder, or felony, committed in another, fuch accefTary i\iay be tried in the Caunty where the acccfTary a£l was committed ; the fame as if the principal offence had been done withia the fame County. Sec. 3 : No. 26. It fliall be petit treafori fur a woman to murder her hufband ( or, a (errant, his or her mafter ; and they and all aiderl.im.ip.e ID tic •It'irl linnl liv (Iikc i°r< iIiIiIc |iciliin« ul' tlu' nti);l\lii>iMhiioil, luuiii liclur'.' i jullirr : it ilit owiiti uliilc M ]uy luoli \4lut on itotiic tiarculi ilic l,tiiic nujt be iccuvcicd ly aCliuii bc'ute a j idicr, ui in ilic liilciior Cuuit,accou!inj; lu ilic amoiirt. Sec. 2 : No. :. DoiinH^iv finer* to bo iiudi- ami rrp.iiicil ff^iiiHv l>y c.ich |iro|iiictrir ; anil in cafe one prnpiii'lur (lull re- Me to rvikf, <"• n-piiir, bis (li.nc utter ti n lt,l^^ noiii f , ibc I'ciki' Vhwit, on .i|i|iIii'aiiiiii, is lo nuki-i nr lopiii, ibi l.une, inj to ( b,ii;i<.' tic ill liii<]\. rill doiil'lc the liun cv{ii'iiJitl, wliit'h, ti|>A. Lr each IkmJ fo impounddl, .iikI y\. per il.iv lor lu|i|>oitiiip, i.ii b b'-iil u'.ilil inipiuiuliit ; il ib-, num r rcliJei to pay coll .iiul ib.ii- j>cs v'iihin tbrce (i.i>] .ilier the l.niic lli.ill be p'Ublii.'ly tiicJi llic lii'j{U'4U- to Icll lucii Iwiiic aI IVblic Aiitlitin, aiul pay tlic |)iu- cccdi, iil'tir d':iiuC'inj{ all kbaij^is, to tbc owner. bcc. 4 : No. 4. iSurvcyoisof Mi^'huiayn to have ibc circ of tbe Hrecti of Halifax, and to jirofeni :ill niiifinccj to tlie .''ulTlonr., wbo au- to proceed tlicriiipon accuiding to ilic laws of Eiigl.ind. Siiiviyois to ]cc. 5 : Nt). ^. Ovcrllers of tbe Voor, Clciki (.rMjil,fl, IVnce X'iewcfi, lIonteaTei, aiul fiurvcyon of ni,;l'way!i, for I I,i- bliXito !<>.• Jppoinsi.l by a C'^niniititc of tbo (iencral Alloubly ; bicb odiecr;; to Invf umil lUc ntxv Kclli mi of tbe Siiprtnie Coi.il, wh'n the Ciranil J'irf Hull .ip| lint uiliut to fervt in tli(.ir llcad ; thi.[e ollicvrt to b: Julyi'woin« and '.0 foifcit 401. if tl.eyreliiCe to fervc, .inil utiieis to be .ippointi il in tbeir Head. 8lat. .i3^ 1, Gcu> ;:«.!. 2d Sd's. Cap. 14, Sec* i, ■> J No. G, P. Pound to be built in Hilifax forty feci r^naic ; Ciand J.iry, at .'luprcnic Crnil, 10 appoint a Keeper, n•^^ when a tr. fpiA .liall l.ivc bijn eoniiiiiit;il !>v any kind of catib, llie per- Ion iiijurrd may impound tliem iiivil ci.iinied ; I'oiiiid K.'epir to juvc ibeni ci led if no oNvncii .ippeai. or it tliey icfide to p;iy damifc when afioit lined aecoiiliii,'; to l.iW.rittl- nny.in fininceii dav» after impoiiniled, be piibliely (old, .ind the lirpbis, allci (ledii-'ting dini.'j;cs and cbar^^-s. 10 be paid to ovmeis, if any appeal j 1' not, to tlu- ()v.-ib*eis ol the 1' m ol the 'lownlliip o! II lifax. Kcep.r to thaijje, tor (.ippoit ofbealli impounded, c;ie lliibiiij; per day for each boile', or bead of liarncd caille, and li\ pence a head for 'beep, j;),it», or fwinc, to;',etb)iivi;lion befire two Jailiccs : boili ibj aforclaid pcn.dtics, a'"ter r^'piiririq the breach of tbe pound, logo to tbc pool of ilie town of ll.iifax. No. 7. Not in force now, tbe repairs of tiic ilrccts beinr oliicrwiftf provided for, G : No. 8. .S,.lTions, in all otiier Countie?, to make regulation; ta prtvcn; cattle trifpall'mji. Srat. ifi, Geo. 3cl. Caj). 10, Sec- 1,: No. q, • I'eifons iranr^ielTinR the rcj'.ulations of fielTiOns for preventing, trcfpuHls, fabje,5l to a line not exceeding <]o<>. to be rccu*eted btfuie two Jullije:', or uC tlic .Scllions. fc'tC. 4, 5 Gcc. P. 7C. Stat, ift, Geo. 'yd. C'ap. 15, Sec. i 30. tap. 15, hcc. I : I\o. to, .Swine, or goato, S'''i"S ■■^' '•"'g' '" '1'* I.mer, ftrcM? or ftiburbs, of Halifax, tn be foitViied, on proof before one JuC.icc : otc third of the value to tbc piolecuior ; and icnjaiiuLi lo ilic poor. P. 127. Stat. 7th, Geo. 3(1. Cap. 8, Sec. i : No. ii. Perfonj removiii;;, or deflroyir^, fencci, on ror.v'iflion, in a Court nt Record, to pay id. over and above the damages, half to His M.ijelly, ai.d half to [lobtutor ; and, if inuble to p.iy, 10 be kipt at bard labour, or \f hipped. Sec. 2 : No. 12. Owners of horfes trcfpalling on »'"• prniiifuia cf Halifax, over .-oid above flic d.m. a jt:, tn piy tt« (liilllrgf for each borfe, half to the poor and half to the prollcator, to be iteovcrtJ bcfote a JuUic-: ; if no owner .ipp-.aip, Juiliee, alter ten days adveriikniei.t. to lell lioiic, and p.ijr eofis, damages and .'inc. J.' 1.^5. Stat. lUh, Geo. ^d. Cap. 12, Sec. i : No. 12. Tb: Ijwfui.icf: of apoI'J, or I inili, fence, fluill be fubmittrd to the " judgnicBi TITLE loi. «.j jiiifj^mfM oflhe Finff Viewer I anil, if llirreli« » tlif|mlr, ii (lull le immrill.ililv ntllcil liy IWn |ifffon» rlmrin liy ilir pnriin, oiif.iM liiiili, in, llir iitlirr |'.iilyni,iy piiHriii m liicli clioicc. r. 151. >sui. 8ih and t;tli, (ico. jil. C.i|). 7, Sec. i : No. 13. Rivera, in which ih? title ilowi right Ti -i, drcnicJ » liwfiil fence. P. 166. ht.4t. mil, Cct). 31I. Cap. 5, Sec. I : No. 14. Fencn, nn the pcninrulu of ILilifaXi «>f four feet high, (lull he deemed a l.iwful fcncr. Sec. 2 : No. 1 5. InflirM in .StOioni, for the rnnnlynf Hjlif.ix, to nuke rrpiiliitinni rifiiei'lir)' flray hoilen, fwine, lli('r|i, gnan, and nr,it cattlci and lo tnluicc llit Liiiic lui liuiirs s and |K'iliiii:i cutting huls from the C'uinniun u) llalilax, lu lorlcit ao'j. lor each ollcnie. P. 420. Stat. 40th, Geo- 31.I I'.ap. 2. Sec. 1 : No. 20. Tlie water oi livcr.*, creeki, &c. not a lawful fence, iinlcTi declared lit by tbc Fence Viewers. p. 421. Stat. 40th, Geo. 31I. Cap. 3, Sec. 1, 2 : No. 21. ,'u Hiiin:, at ll.ihf.ix, 10 make rejiiilation'! for tbc n.ni|'htering rnlile, and for preferving the flrcef. elean, and free from incumbranee ; and, .ilur lueli orders are piibbllird, oU'riuleis againll tin (ante liable 10 a penalty not CNreeding I'liity fhilliii)>i, lu be recuvcieJ at the Sellionj, or before two Juiliccs, and to gu to repair the llrvcu. Sec 3 : No. 2 2. V Fines, Cot breach of ihc Afls fur mending hi);Iuvayi, to b-: applied fur cleaning the firceti, and roi n ci» to the poor. M mmttsfiiiim 90 P- .E. TITLE 103-104. Warlike Stores. 194. Stat. r5tli, Geo. 3d. Cap. 4, Sec. i, ?• 3 : No. i. Go»er«or, by Proclamiition, to prohibit the export oFwarlike ftoreg, (txccpt for ilis Majedy's fcrvice) without licence fiift giren ; ar.d if laden for exportation, ar carried coallways, the f.iit fiiall be furfi'ited ; and the mailer of vefTtili or other peifon conctrned, fhsli forfeit 50I. to be recovered ina Court of Record. Not to extend vt a fmall quantity of powder, or fmall arms, for iliip's ufe. Coritinucd for a year, aod fince rerived by 33d Gto. 3.!. j2f). Stat. 33tl, Geo. 3d. Cap. iS.Sec, i : No. 2. The Statute of the 1 Jth year of His prefent Mnjefty's reign, Cap. 4, which 'had been fufTcred to expire, is hereby revjyfJ, and is, by fevtral fubfequcnc Afts, continued, annually, in force to this 4ay. P. y- P. 5c. P. 1 io 'III Lli 104. Weights and Meafures. Stat. 3 2d, Geo. 2d. Cap. 21, Sec. i : No. i. The Weights and Meifiires to hi ufed in this Provirice fl-.ail be accnrjinj; to the llaiidard of England. Meafures and Wiisjhts to be piocurtu by the Tie^iu'er j md ihj Clerks of tlii Mi k;t, throughout the Province, to furnifl^ themfcirf i with Weiglus and hi. ifarts, rc^iulitcd ,ic>:Q'ding thereto, and marked G. R. U.itil the Trea- Juier fii^li procure the Lmt, thjl'e ufed at the Ordnance Sure to be tlie ilandrird. Sec. 2 : No. 2. All perfons, at'ter a week's notice, fh.all brin^ their W Ighti in J Mjifurcs to the Clerk of eacli town, who (liall aTay and mark tlie fame : his fee, t•A'0•p^;nce fjr each ^d'ly ; any p.'rfm aftei wirdikllm^ by Weights or Mcafurei unmarked, to forfeit 203. l(jr each otlonce ; tc jj roco/ered b-lire a J-ilice, and Lvied by dillrefs. Sec. 3 : Nt), 3. Clerks to examine Wcigh's and M.afures once in th'cc months, or oftener ; may feiz*, to their awn ufe, al! ■unmarked Wei;;' '.-, or Meafures. Fcrfuns felling, by Wtij^ht er M^afure, kfs tliaii thi itandarJ, to forfeit lol. to bs recovered in a Court uf P.ccorii. ■Sec. y\, c, 6, 7, 8 : No. 4. Thcfc feveral feu!!ons rcfpcft the Aflizc cf Eread, ar.d are repealed by the 36th Geo. 3cl. Stat. 33d, Geo. 2d. 2d Sci's C.ip. 6, Sec. 1. 2, 3 : No. 5. Nctliln,q,thro\:;;hout the Province, but hay, to be weighed for liue with Stetlyard!-, under peniilty of 2C5. Cler!:s of Mirkci to inf]-t.-.!t Beams, Sc:iL'3, Weights and Meafures, and Steelyards forluy, every three ninths, and to aii'av an! Ihinij) tlieni according to liiw : this infp^iSHun to extend not only tr fhofe ul'ed on (lifire, but aifo to thuw ufed ou board velFels at tlic wliaiveF, or in tlie harbour ; and Malleri o( vcffels retulni^ ad- mittance to the Clerks are made lia'jli to the fame penalties the inhabitants are ; all p-MiaUici recovered under this Act, or the former Ai\, ihall go three fourtiis to the CIcik, atid one fourth to the poor. . Stat. 71 h, (ico. 3d. Cap. 4, Sec. 1 ; No. 6. All fine: and forfciturts, for offences under tL';fc Atls, onolulf to £o t' th-: Cl=.rl; cf th; M.irl.c*, or infoin-.tr, th'; otlv.'r half to tiie poor. TITLE 105-106-107. Wells and Pumps. 9J :P. 379' Stat. 36th, Geo. 3d. Cap. 9, Sec. i, 2 : No. i. Inhabitants of Towns miy vote money for (inking, building and re- poiring, pumps and wells ; the fame tobeaflsflcd arid collefied as poor rates ; Firewardsto expend the fame, and account to ihe Seflions ; perf^nsover^rated may appeal to the Seffions. ; if iohabiuncs aefiefl, the SeiIioas,oa complaint of three inhabicaots, may amerce the town. Sec. 3, 4: No. 2. Perfons injuring a pomp, or well, on cAnriftion before tiiir« Juftices, (hall forfeit not lefs than 401. or more than ;l. and ifun»ble to pay, to be fent to hard labour not more than ten days, or kft than five. Da ration of the A&. limited forone year. TITLE 106, Wild Bealls. V. 380. Stat. 36th, Geo. .3d. Cap. 12, Sec. 1,2,3: No- i. The SelCons, at the requed of the Grand Juries, in the feveral Counties, may make orders to encourage the killing of wolves, bears, loup cer^iers, and wild cats, and may offer rewards for the faine, the amt;unt of which to be raifed as other county rates. This Adl to continue for one year. . Stat. 4 lit, Geo. 3d. Cap. 7, Sec. i : No. 2. The A& to encourage the destroying wild beads, revived tad continued. JP. 44: 'jli hi iii i i, on'ilulf to fc '.;• TITLE 107. wills. P. 9' Stat- 32d, Geo. ad. Cap. 11, Sec- i: No. 1. Powfr given fo evtrv perfon, by tvill, fubf;ribed by the psrty, attefted by three or more credible witnsfTtF, in prcfcnre of the divifor, fo give and difpofe of, at pitalure, any interert fuch party may have in l,.n Js, ten m ?nts or htreditamems, wlietlitr fuel) iritcrtll tie a (oie eil Jte In fee finiple , or in coparcenary, in common, or in pofTtflion, revuiHon or remainders ; and, alfo, by will, to devifc anv rtnt? or profits arifin!! out of fuch edaies: provided, that wills made by a woman, cov..'rt, minor, iucot, or peifon of unlbunj mind, ihi n«' dF L°in ih.iU h? citeJ to conttll the fimc. None but competent witnclT-s U) be allowed to jirove fm-h will. Nil wili, in «.iitiii;j, rjff)c;tinj> pcrfjn.ilcllite, can b.- ripe,ili.d, «riilieic>l, by word of mouth, uiikT'ithe woidr. of the telliior »re {•Tiifu.'.tvd tt> w i-.iiiji, and re^d t.i thv; ttlla or, and allowfil by him, wliicb mull be proved hv three witnelll-s, nt hfall. Sol. tlicrs, in aciual fei vice, and fc.imen, at fea, allowed to di(| olo of their pciional ill.ite in the f.inie w.iy they could biForc tlus A^- The right cf probate sf wills veiled in llie Goverr.or, or Ceniiuander in Chief, lubjed to ihe rults of this A&, Sv.c. 7, S : No- 4. Execufcrj to CBufe will to fce proved, and recorded in the Reylrter's office cf the County, within t'lirty J.y« after ,he teftator's de.ith : or,other\vife, to produce the w'll, and renotincr the cxecutorfhlr, under penelty of five pounds per month to each executor for every ninth's delay, withimt jull exotfe ; after the f.dd thiity tlays. |H'n.iit\ t.i be recovered at. the fji^o'jKJrs, or crei1i»Art-$, furtiieir ule, by action of debt in the Inferior Court of tlie Couniy. On relufal of cxtcutois, ad- niiniliratien, with the will annexed, to be granted to widow, or next of kin, and, on tli -ir rer:fd,to one or iiioic frincijial crc- diiorj. Per funs fu) p.-eflTing a will liable to the fame pen.ilty as perfor.s negliiiling, as afoitfaid, to prove it. i>cc. 9 : No. 5. Ceitain Ic£acies, orreCduary and uncertalo legneies, when reduced to a ceitalnty, may be reco.'ered at com- mon law. Sec. I o : No. 6. Evsrv executor within three months aft r procmtc, unlcfs the Judge alL'W further time, fhal! e\Iiibit to the Rcgifler a jurt account of the whole eft.t*e of the dtceafed, fo t.ir as the fame Ihall tlien a;ipe:ir. ar.d ihall add to fuch accountr, whatever ell.ite may.nfteiwar.is, from time tu time, ap;)ear, under penalty of Cl. lot evuy nionh's nefju'l, to he reciivi.red as in die 7th Sec. after payment of debts and pitrticular lej^uci^i ; if the .i(:,iiic is Lequeiithtd to any other pcilon, except the executors, the executors muft give in an idventoiy, un oath, and account tcr the faiue a: Admiiultrators. See. 1 1 : No. 7. If executor be refiduiry legafe, he may have aSion ofacceunt agiind hiF- co-csecutoro, and may fue for his rateable part, and any otiier reilduary hgatic m^y l;uve like remedy. Sec- 12, 13 : No. 8. Lett-rs of Adminiflration, to intcf.^fte ellatc?, if applied for witl^in thirty diys afur i!iti-fl;ite': death, to be grunted to widow, or next of kin ; and if no ap]>iica;;o!i is made from th.;m,the widow, or next of kin, to iae cited ; and, if t!icy rehd'e, adminiilration to he pruned to fuch peifon or petlnns as the Judge (liall think (it. Mond, with fi.isiies, to be ukett bv tlis Jud);e, agreeably to the Britilh Statute of 2ld ami 2 (d Charles 2, d\>. to. Judge to call ailniinilhators to account. ;ind, upon heaiirg, to allow debts, funer.d and jull txpences, and then to tnikc didrtbution of the rtfi.iue of real and pjrfonal eilate ; iMov.ing to the widow, if ncu other wile endowed before miriiiige, one third of the perf )nal edatc, hefides her dower for lite in the le.il ell.ite ; and having appointed puardians for iuch ol the heirs as avc niiriois, to idlow the eldcll hving lun out ol the nfJue, (if there be no iffuc living of an elder fon) a double ponioii, and to divide the rwi.tinder equally amun;.;ll the other children, —nd fuch as leg dly repreleni them. Childien adv..ncrd by (eitlcinent in tiie life of the intilbite, to have the );tnie nvidt equally t9 the other child; en's (liares, (tyct-pt the tide 11 li>ing fon, or tlie lifue, if any there Ik-, of an elder fon) who fliall hare a double por- tion. Advance nitde to children durieg inteltate's life, to he accounte J lor on their oaths h-torc I'le Jii ige, v.lij may receive other evidence lolpcding the Ume ; thole who icfulc tc account aic d(.baricd oi Miy fiLirc sf eliate. Sec 14, 15, 16 : No. 9. Five freeliolder? to be appointed, and fworn, by the Judge, to divide th; real cflat'iunlefs the pirties Irtcrcncd, bein^ of age, (hall agrtc l» a diviiion, v\h:vli divdioii hcini; reduced tu ur.t'iig, aid duly evecvterl, and aiknow- iedgcd as their deed, ihall be entered o( recoiil, .tnj lie as v;;lid as it ni.ide by writ of partition, and to bi. allowed as good evidmce on any tri,il touching the pitmif.s. Heal eliate w hii. i> cannot W divided without prejui'icc lo. the wl olc, tiic Ji.dju-, on evidence tlicieof, may order tlic whole to the tkleil a diildicn, oi st.y hj.d it | t' - £.-ntative of theni.) the widow to have a nuie'.y oftl.t ptrloiirtl titate. bellJes her ilowir in the real eilate, and il'f reliiiiie to be equally divided betv.-cen tlie next of k'n to ihe inlcit.ite. in eq i;d c:cgiee, or ihofe who kg.dly ic]iiellnt them ; no ropKf.nt.itivcs to be allowed amoi«gi^colla;era's aft'i brothel's and filiti's c. lidveii. il tlpre is no widow, :dl to be oiliribimd nn\or.;;ll tl.c infeftne's i.hildren ; if no chddrer, then uniongft the next oi ktn, i.i equal degrte to the iiililhitt, as aforcf.iid ; J'.ii'ge to take bund friiii each to rifund theit rattahle proportion, wi'h chaige^, to tlm Adniinitlrator. It any debts of the inttda'.e Ihoald afteiwards appear, the dower of the widow in the realcftatc, afier her dcceafe, t'.j be divided as aiureTaid. Sec. 17 : No. ic. Ferfuns agf.rieved by any order, ftntcnce, or drrrcc, of the -Judge, m,iy appeal to the Governor and Counci', on giving ucuriiy to profecute tlie tame i ii iuch appeal be made within 30 i. ays alt>.r lenience. bee. iS : No, 1 1. Edates real, or pcifonal, not plainly deviled, or bcqueatiicd, by will, (hall be didributed as theidate ofar, intefl«e. Sec. 19 No. 12. Where perfonal tftate is infuflRcicnt to p:tv debts, or legacies, «xe«itor or adminiffriformav apply to the General AfTembly (N. B. Dy the A& oi the 34111 Geo. id. L»p. V, tl>c junidiiUoii is j;iven to Uic Govcioor and Council, ii»- J# TITLE hilor, «rwl «n- ove fiich will. ic: tcllilur ai'C t leafK Syl- :{ Lirarc tlus , within t!i!rty it five pounds ; recovered at rxtcutoiS) ad- priiicijial crc- \tred at coni- :xliibit 10 the uch acctiunlf. t;cov(.Ti.-d as in tliki executors, d may fuc fo? Li/fliite's death, cited ; and, if s, to be taken I account, wd, ifiinai eft.ite ; wer for iilc in ol the nfiJue, itlier cliildrcD, dt cqiully to ■ ,1 double piir- j may leccivc It', unlcfs the Hid ,uklMW- v;0(id evidence •, oil evidence ilic otiurs the •y the J.uliic) hj tii-ie. iVi- liV lil.d !(] if- ie(ii!ue to be repiif.iit.itives .1 Hii\iin;;(t tl'.c Jai'ge to uke teftiix Ihjuld ovcrnor and hciftale oFai. 107-108. 93 •fienl oftbe Gcreral AfTenMv ) for tieenct to All tl e n;tft convtnient part of real ct\:W, and before fde, undrr fuch lirtnce, |)ul)lic notice iljcrcof.furiliirtv days, (liidi lie given in tl'.c public prims, and in the town ulieie the deceafed l.dl dwelt, and tlie iiijjhed bicUler il-.all be prtfvrix-d. In cafe the cllnfe fl'all be iniolwmt, coniniifFioncrs thai! be appointed to adjiill tlie cl..ims uf creditors, and the value of the irifJvent cfta'c ; and execulurs, and adniiiiiltrators, may be authotiied tufell the whole, and divide the produce, in proportion, arnung the crtditori. P. 53. Stat. 34ih, Geo- :d. Cap 5, bcc. 1, c, 3 : No. 13. Applications by exeeutors, or adn inif^rators, for liberty to fell tl'.c real cllatci rf tlcrcafed iiifolvert dil^cr-,. to be, in (u'urc, made to tic Goveincr ai d Council ; and before any (i,eh falc' bond, with two fure'ies to the full value, to be given to Jidpc of I'jubatc, for the jull diUribuiioti of tilt proceeds j and all ical cf- tates (old byviiluc thereof,- (li,dl be aWolute i.n the purih^fcr. ^ ;•?. 279. Slat. 3ctli, Geo.. 3d. C'ap. 5, bcc 1,2: No. 14. r.xecutors and ado iniftrators, »t the end of two yeirs and fix monib'.,nMv jiay dtbtsas f.rr as rt i! and peiH rnlfllatrs wi'l j'o, and ili(lt;bu'.c ih-. (iiplus. if any there be jbut before paymmt of debis, or ft. Sec. 5, 6 : No. 2. Qiukers to be examined on aiTmiiation ; and perfons who (lull fwear, or a(Hrm, falfely, to fuSer is far perjury. P. 239. btat. 25th, Geo. 3d- Clip. 2, Sec. 1, 2, 3 ; No. 3. When a wttnefi lives r.iore than five miles from the Court Iloufe, a Janice mav iflo'- a Su'-pccna, ]inrfiiant to the fmn in tite Suuutc to com'^el lueh witn'.h's atiendancc ; and, i( the pcifor\ firv- fl«a4 94 TITLE 109-110. Woods, burning thereof. P. Gf. Stat. ift. Geo. 3d. Cap. 5, Sec. 1, 2 : No. i. Judicei, annually, at iheir ><>pr!ng Seflians, todlredthe Grand Jury t* make regwiations to prevent damage by firing woods,. underbruHi, or raarlh land, at uofeafonable timet, which regulations, wben approred of by the SelTions, to be oburved for one year. Sec. 3, 4 : No. 2. Judices to regulate peoalties, but not to exceed. 5I. . ProfecuttODs to be ia three moaths. TITLE i»o. Work Houfe. 'P. 41. Stat. 33d, Geo- 2d. Cap. i, Sec. i : No. i. Recites the Hotife having been built at the public expenee, purfuani ' to the AA of lad Seflion. Overfeers of the Poor to apf oint keepers and aiTillants, to provide nuteriais to employ the people, and to direfl the management. Sec. 2 : No. 2. Juflices, in their Scflions, or a Gnglejdflice, on due conviAion,'to commit for punifhment, according to the rules of the houfe, all idle and diforderly perfons, beggars, perfons |iiaAiling unliiwlul games, fortune tellers, common drunkards, perfons of lewd behaviour, vagabonds, run-aways, (lubborn fcrvaats, and children, and perfoos mifpending their time to the injury of (heir families. Sec. 3 : No. 3. Keeper to employ at labour all perfons committed, if able, and to punilh ihem with fetters and Ihacklfs, if neccfHiry, and by moderate whipping, not exceeding ttn (Iripes at one time, which (liall be inflicfltd at firll cominji in, (unlefs the . commitment otheiwife diref)) andasotten afterwards as may be neccfTu-y, in cafe they are (lubborn, or idle. He may likewife abridge them of their food. Sec. 4, 5, 6 : No. 4. No charge to be made for their fupport againd Government ; they nre to be maintained out of their earnings ; the keeper to account for the fame, on oath, to the Overfters ; mfane perfons to be rtlitved,and kipt therein ; all ex- pences to be paid out of their earnings, if fufTtcient, if not, to be advanced out df the Province Trealury, and reiniburfed out of the future profits. Sec- 7 : No. 5. Overrter», with the cor.fent of two Judiccs of the County of HalifjK, to fet to work orphan children, or the children whofe paren's, in tlie judgment of the m.ijiir part ol luch Ovctlt.eis, are unable to maintain thtni ; and to bind out fuch male children until they (hail be 21 years of ai; ', and female childri-n until 18, or mar- iage ; Inch inJeniurcs to be, in ail refjjedis, binding, and to contain a claufeto make the lame void if the apprentice be rarried out of ilic Province. P. 95. Stat. 3d and 4th, Geo. 3d. Cap. 9, Sec. 1,2: No. 6. Jii'lic'.s, in Scflions, to have the ordcrir>g apd povernment of the houfc, except three rooms, which fliall he tortlic poor, under Ov£i(c!;rj ; Jiifticc to ailvcrtife for, and a^tie wiih, keeper, who ftull account with them ; three Jufticea 10 be appointed, ([vuiriiily, who (hail take it in lotation, weekly, to itifpeft and regu- late the hbule. Sec. 3 : No. 7. T!;c Overfeers of the Poor only, hare pnvcr to (Vml to the Work-Iioufe, fick and wtak perfons, to be re- lieved, and the charges of fuch perfons to be paid out of the poona'is. Sec. 4 : No. 8. The rlaufe of former Afl, for binding out poor chlUren, extended througliout tiic Province. iP. 293. Stat. 32d, Geo. 3d. Cap. 5, Sec. 1, 2 : Nt). 9. Juflic*"!, in Si flions, if tti^v tliink it nccclTary, in the Counties or Dif- triflsofthe Province, may provide building";, or apprspri.ite a partof ilu Jail for a Woik-hoiifi' : the cxpence to be provided for bv prefcntnient. Any Ju'licc, or Judiccs, may rornniit to fricli lioult s any of the pciioiis difcri'ottl in lire AiS lor regulating the Wofk-IioMfe at Halifax, which is extended to the jell of Ui'; Pruvincc. ;Scc. TITLE I lo. 95 Sec- 3, 4, 5 : Ko. 10. JviftlceSi in Scffions, may appoint kffperi to fuch houfe"!, who Thall hare powfrto ffnploy the per- fons committed, who (hall account, on 0.1th, for all earnings, an J expenccj are to be piiid out of the fjme. If perfon committed be unable, by labour, to fuppart himfelt, the Ovcrfecrs of thj Poor for the Townlhiji, iu-which Ito kas obtained a fculement, ilull p.iy the fame ; and, if luoh perfon has no fettiement, the County to pay the expcnce. Sec. 6, 7, 8 : No. 1 1. Judices, in St-flTions, to make regulations for the government of fuch houFes, and to appoint three Juf- tices to yifit the f.ime, to fee fuch re^ulttionsob.'ysd. Julluis, in So fijiii, m.iy rem we the kesp^r and appoint another. 'I be keeper, if guilty nf cruelty, or opprcrtion, fubjsill to a f:ne, not exceeding twenty pounds, and fiK months imprifonnient. PetIoa$ ag;.v tli« Ci.uif: in wliicli tlic objOiM fou^hi :'»r is mtmionvd. Biil, \\ Iicii, aTitlhww, required i»i civil nclions, 'lit. 6, No. 4. ill civil :i<5lii)iis, Tit. 6, No. 5, (> ami 7. in c.iUxi iiiuicr3l. ia,\iircii,'lit.9 'u^^'l) 'U- Rill.id, how dilcliargcil, 'lit. 66, Noj c. li.urcis, lize oi', I'll. ^53, No. 2. for lidi, tlic fi'/c of, 'lit. ;,3, No. 12 for beef and pork, lizc of, 1 ii. li, No. r. Raftard Child, concealing. Tit. 101, No. 5. Children, 'lit. 7. Bears to be dcftroycd, Tit. 106, No. i and :. Ikcl' to be infpcdcd, 'Jit. S, No. 1. penalty for i-xpurting witliout infpcclion, Tit. 8, No. 3. Degg.irsto be bound ( ut, Til. 72, No. 1 1. and idle ftrollcrs to be appiciicndcJ, Tit. 84, No, I, 3 ;md 3. TkIU to be fixed to Ilcighs, 'Tit. 83, No. i. Bills and Notes, Tit. 0. of I'lxehange, dainagc and intcrcfl fet- tled, Tit. 9) No. I. Birtlis to bo rcgiilcred. Tit. 63, No. 5, 7 and 8. Bilcuil to be fold only by weight, Tit. 10, No. i. Blafphcmy, Tit. 21, No. i. ^ Blood, corruption of, lit. loi, No. 10. Boards regulated, Tit. 33, No. 6. Bolt foi- Hour, toll to be paid, Tit. 42, No- 2. Bolting, toll for, Tit. 42, No. 3. Bond>: or Notes, Healing of. Tit. ici. No. 9. penalties on, liow recovered, Tit. 69, No. I and 2. Bonf.rcs, how to be nvade, Tit. 32, No. 3. Books of i*.ccount not ;Ulowed .is evidence-, 'Jit. 24, ^>i/>. I. Bounds, deftvoyinc:, Tit. 99, No 29. Boundary lines, how kept up. Tit. ico, No. 3. Breivd, allize of, Tli. u, No. i, 2 and 3. •otTenrrs ap;.tir.fi Bread Ac\, how to be tried, 'Jit. 1 1, No. 7. B^ick^, u!\d infpcctor appointed, and tlic di- innifions fettled. Tit. 41, No, 3, ami Tit, 100, No. 6. Bridges, money how raifcd for. Tit. 19, No. 7. •over Tufket Kivcr, 'i'it 47, No. 14. •over the ILiiliour of Halifax, Tit. 47, No. 15. Bii:^gery, Tit. 101, No. 6. Buildings, Public, to be creeled, Tit. 7 c;, No. 1, 2 and 3. .Ruoys, deitroyir.g, '! 't. 66, No. i. Bjrglary, 'i'it. ic, M>. 8, Burning lu)ufe«, fe. Tit. loi. No. 14. Butchers regulated, 'lit. 62, No. 3 and 6, Slauglitcring t'iUtlc to be regulated, Tit. 102, No. 2:1. in country market, 'I'it. 62, No. 8. Butler to be inlpccted, lit. 12, No. 1. Carriage of goods, how regulated, Tit. 13, No. 1 and 2. tlie wheels ef, regulatcd,Tit. 47, No. 1 1 and 13. Cattle, how to be marked. Tit. 100, No. 3. killing or maiming, Tit. 14, No. i. ScJlions at Halifax to make regulations, Tit. 102, No. 15. to prevent diftempers among, Tit. ^4, No. 2. trefpafling, damage how to be recovered, Tit. 102, No, iSand 19, and Til. 73, No. 3. Certiontn, how to iflue. Tit. 15, No. i. how allowed, Tit. 15, No. 2. to Inferior Courts, Tit. 94, No. to and 12. to remove proceedings touching lhip» wreck. Tit. 66, No. 4. Chain Bearers, how fworn, Tit. 95, No. 1. Challenge of jurors by criminal, Tit. 101, " No. ^3. Cliildrcn bo . after death of the father, Tit, 4,;, No. 3. ^ not to lire guns, Tit. 44, No 2. ChimnicN, how to be Iwept, Tit. 31, No. 7. fine refpc:ting tlieni- reduced, Tit 31, No. 10. Church X)f Ki^gland edabliHicd, Tit. 8d, No. 1 and 7. Wanleus, Tit. So, No. 4 and 8- Rites, liovv raifed. Tit. 3o, No. 5. W.irJcns to prevent l.iljour on Lord's day, lit. 6a, No. 4. «4- ; and 6. rcgulutcd. No. 8. it. 13, No. 47, No. 1 1 >, No. 3. No. I. :guIations, Sf. 'lit. *4, recovered, lid Tit. n^. 10 and 12, luiig lhip» No. I. Tit. loi, it her. Tit. 2. No. 7. d, Tit 31, 8o, No. I o. 5. Dii l.ord'8 •Circuit Court* clluljliflicd. Tit. 94, No. 5. C'ourls when to be held, 1 it. y4, No. 10 and 13. Courts cHabliilicd, fee Inferior Courts. Clapho;n'iin regulated, 'lit. 33, No. 1 and (>. Clergy how allowed, lit. ici, No. igand ao. Klerks of Market, Tit. icc, No. l.andl'iti 10:, No. 5. of the P.hrket, their duty refpoi'^Ung weights aiul n'.eafures, 'lit. 104, No. 5. of Market to vilil bakers' Ihojvs, lit. j 1, No. 5. of Peace, how to account ft)r fnieS, S.c. 'i'it. 90, No. I. of the Crown, how to account for lines, &e. Tit. 90, No. I. of Supreme Court, and of Peace, Fees, Tit. 29, No. I. Clerk of .An'euihiy, his fees. Tit. 29, No. 2. of the Peace, Jiow paid. Tit. 19, No. 12. of Licences, his duty , 'I it. 37, No. 2 and 7. of the Peace, his fees Ironi liccnfcU hoirfes. Tit. 57, No. 10. Coals, nieafure for. Tit. 100, No. 6. CoalUng vellels, iiow charged with Light Duty, 'i'it. 58, No. I. Coin, counterfeiting or altcring,Tit. 21, No. 4 filvcr and copper regulated, Tit. 16, No. I. CoicheQer Dillricl, its lin its. Tit. 49, No 11. regulated, ami the bounds fi.\ed,Tit. 49* No. 11. Collectors, how appointed. Tit 100, No. 5. of Rates at Halifax, what allowed. Tit. 1 9, No 1 1 . cf Revenue, their allowance and duty, Tit. 3, No. 3 and 7. Col!cge, Tit 17, No. i, 2 aiul 3. Counnon, Tit. i3. Fields, regtiiatron refpei^iing, 'I'it. loc. No. 3- tobercgnlatod b\ Sj(Ti()in,'!"It. 18, No. 2. at Dartuu)ulh, lit. iS, Ko. 3 .iiui 7. at!la!i'f.i\,tielpaningon,'l'it. io2,K().i9 of Ann.ipulis re;j,ulated, '1 it 1^, No. 4 of I)i;^!n' regulated, 'lit. 185 No 8. Coniuiilliiiner of Ilill, i^c. Tit. 6, No. i. to take Aflidavits, how ii'V^-ioiated, Tit. 94, No.S. of Rm-enue, how appointed, anii tlicir 1 duly, I'll. 3, No '). Confellion of Judgn^ent, Tit.gj.Ko. 2 and *• Conilables, Tit. ico. No. 1. o prevent laliour on the Lord's Day, '1 it. 60, No 2. appreliending a vagabond, to be paid. Tit. a.} No. 2. Fee."!, lit. 2t), No. 2. Contracts, penalties of, how recovered, Tit. 69, No. I am' 2. Co(»pers to mark their barrels, Tit. 33, No. 2. Copartner's Land, Jkow . Coroner, l-is fees. Tit. :;9, No. 2. •how paid by the I'rovincc, Tit. 3, No. 4- Cofts, Tit. 59, No. 2. when and how alUn 'ed and recovered. Tit. 29, No. I and 3. of examining wiinelles/rit. i'-3. No. 4. Council rccordsof evidence, lit 78, No. i. I'.ounfel Fees to be taxed. Tit. 94, No. 3. County Rates, Tit. 19. Rates for apprehending criminals, v^o. Tit. 21, No. 9 and 10. Rates for work-houles, Tit. iio. No. 9 and 13. R.ites on Abfentccs' Land, Tit. 19, No. I. kales for killing wolvo". Tit. 89, No. 3. Rates for deftroying wiklbealls. Til, 106, No. I. Rates at Annapolis and Dij;l)y regulued. Tit 49, No 19. R.itesfor F'lunds, Tit. 73, No. 2. and town Rate* to make roads at ('ol- clf.'rier and Piclou, Tit 47, No. 53. Rate to build eourt-houfe in AnnapcjJis ('ounty, 'lit. 49, No. 20. Couit.s uf Juftic e, psil prfKce.lings of, confirm- ed, lit. 20. Creditors of the Province when to bvin^ in their demaiuls, lit i. No. 2- Criminal Oifenders, lit 21. c.\pei>cc of apprehending, 'Jit. 2r, Ko 9 ^ may be tried out of llieir Counties, 'fit. 94, No. 2. (lit'.VIl I llld'i, Tit. 2 2, No I. cM'injj tinibLi- on, 'lit tjii, No j. mm} ,;■ jwrt of South i'arni ;^lveii up, 'lit. <}'}> Nc. .vv ('ivi'i'> 1 '(•"■,. Tit 29, No- 3. I'ullrrt of I'iili, 'I'if 100, No. 1. Curir^ ,. I-.! I'wcailr^, iii. 11, No. :. I) D.\mag?», Tit. jj, No. 2. done by cattle, how recovered, Tit. 102, No. 1 1. Death of parties. Tit. yi, No. 3. Deaths to be rcgiflcrcd. Tit. 6t^, No. 5, 7 and 8. Debtors abftondinj, '1 it. 23, No. i, 2,3 and 4. infolvcnt, liow difcharged, Tit. 51, No. . and 2. infolvcnt relieved .rem debts under 3I. Tit. 51, No. 3. i')cbt, public, how p;ud, Tit. 52, No. 17. of dccnfcd pcifon?, Iiow paid out of rcil eflate, Tit. 107, No. i 2. how to be levied on real cftatc, Tit. 5-], No. I, 2 and 3. }io-A to be levied en l.ir.ds, Tit. 5/. tl'-'ublc paynicnl of, 'I'ir. 5.';. No. 1 and 2. in. : j' liO. how to be ilvurtc' and 2. j Oesds and Grants corifirr-ird. Tit. 09, Ni). r. lu be ren,iftcr:-.H at fulllcr;i;';h, and liic orders of C ancil, refpcctin;; the faiuc, : to be confi. .'i\i, cv cuhcrvvife fiuuduicnr, ' Tit. oi, I-.' J. 2. j cxeeuted abr.jul, how rci-^ifiored, Tit. ' 99, No. y- _ _ j to be re^ifieisd in the counties, Tir. 99, No. J 2. I returns of Di-juty Rcg'Tier to be entered ' at Ha'.ifix'. Tit. 99, No 23. | to',)'? rj;^iil.;;^ ' oa cxccuiior., Tit. 99, No. 26. I ref-mcr.?, Tit. 21, No. 8. J^Miiurrcr, how proceeded on, Tit. 71, No i. Dcpolltions of witnclftj, how taken, 'lit i -!, No. I. IXfcrtcrs frk^m Navy, Tit 86, No. i. penalty for ailitli- p;, 'lit. 92, No. •. from Navy (.r Ariuy, expcnces i>t' .;< prebend !■■;;, 'I'it. 91, Ni>. 3 and 4, har'iourirg, pcnalry incrcaiod, Tit. o^, No. 4. Deferlion, to prevent, Tit, 92, No, i,3ar,d4. Detainer, fi)r.. iMe, Tit 25' Digby reprdented, Tit 1^, "No. 4. Diiatcry f!-i to be verii.cd by aflidavit, Tit. 7:, No. It. Dlkontlnuanee not by rcafon of new commiiTi- on, Tit- 71, No 5. Difl'entcrs. proteftar.t, ti-icratcd, Tit. 80, No. 2. DiUilling lioulcs, Tit. 27 Diflempcr*, to prevent, Tit. 26, No 3. Diilrefs for rent. Tit, 79 Divorce, caufes for, and mode of proceeding, Tit. 63, No. 3 and 6. Dogs accuftojued to kill fliecp to be dcflroycd, Tit. 89, No. 2. Dower, how divided after widow's death, Tit. 107, No. 9 how recovered. Tit. 99, No. 17, i3 and 19. how to be rclinqulQicd, Tit. 99, No. 21. Drains, Tit. 88. Drawbacks, by vliom allowed, Tit. 3, No. 6. regulated as to non-refidents, Tit. 82, No 45. of duties, regulation refpefling, Tit. S;, No. 41. Driuikcnnefs, Tit. 21, No. 3. Ducks, wild, preferved, 'lit- 68, No. 1. • Dykes, 'lit. S3. rates, how recovered, Tit. S8, No 3. 1-indd to be Itt for, Tit- SS, No. 4. breaking ti:e iame nialitiouily, Tii. r'., N(i. 1 r.iid 2. how l.ibour to n;ake the i'a;:;c i, In j't t)btained. Tit, So. No. 5 and 6- rates howlevi-:!!!. Tit. 8 '3, No. 7. laiid ufcd, pvv ,)iieior to becouipcnfat'eu for. Tit- 83, No. o. ratc^ij how aiiaicu, tit. 3S, No- i.-. Alcifllon for AlTciiibly, Tiu 5, No. i. of Reprcfcntativcs, how to be :n.ids, Tit. 5, No. 6 and 7. how poll may be moved, Tit. 5, No. 8 Eledlors qualification, 'lit. 5, No. 10. Enemy, lolFcs by, how paid ior, Tit. 61, No. 1 and 2. Engine, perfons to be appointed to work it, Tit. 3 1 , No. 6. Company at Halifax increafed, and ex- cmpted from public duty, Tit. 31, No. 1 1. Errors amended. Tit. 71, No. 1, 2, 6, 7 and g. Writ of, lit. 93, No. i. allowed. Tit. 93, No. 7. to Inferior Court, Tit. 94, No. 10 and 12. Efcheat, Tit. 99, No. 12. Evidence, account books not allowed, Tit. 24, No. I. copies of deeds loll. Tit. 99, No. 22. records of Council, Tit. 78, No. 1. Examinations of felons. Tit. loi. No. 28. Exchange, bills of, damage and intered fettled, Tit. 9, No. I. Excife of sf and 5 per cent, on alt jjoodr. Tit. 83, No. 5. (execution, how goods are bound byj Tit. 38, No 7. return of, Tit. 94, No. 3 j and Tit. 49, |- No. 5. how iilucd', Tit. 29, No. 3. from Circuit Court, how to be p^lurncd, j. Tit. 94, No. T I. I'xccutnrs, Tit. 107, No. 13. their duty. Tit. 107, No, 4 and 6. m;iy have fcire f.icias, Tit. ji, Nri. 4. Juv.v and when to m.ikt; dillribution, A-it. 107, ivo. i-t' Fees, Tit. 29. P 2 S^ of Regiflrar of Deeds, 'lit. 81, No. 7. for furvcying fifli and lumber, Tit. 33, No. 6. for rejriUtring deeds. Tit. 99, No. 1 4. for fummary trials before a Juiiice, Tit. 93, No. 4, 5, 6 and 9. to CommifTioncf and Judge, for taking bail, Tit. 6, No. j. of bherifflcvying dyke rates. Tit. 83, No. 7. for Clerk in Council, Tit. 78, No. i. lor fervice in fummary caufes, Tit. 93, No. 14. for mcafuring grain, coals, Sec. Tit. 100, No. 6. of Rotation Court, how difpofcd of. Tit. 93, No. 19. of ShcrifFregulatcd, Tit. 90, No. 5 and 9. in Chancery regulated. Tit. 29, Nu. 5. Felonies, Tit. 101. Quakers not to give evidence refpcifling, 'lit. 76, No. 1. Felony, capital, to fteal at a fire. Tit. 3 1 , No. 4. to break a dyke, Tit. 28, No. 1. to perfoliate ball, Tlr. 6, No. 3. to Jeflroy King's •.voods. Tit. 98, No. 3. for a tranfportcJ alien to return, Tit. 2, No. 3. for Ileahh-Ofllcer to grant f.iife certifi- cate. Tit. 26, No. 7. to do any thing to produce fliipwrcck, Tit. 66, No. 4. Felons, charge of apprehending, and of witnef- fcs. Tit. 21, No- 9 and 10. in Counties where the Supreme Court dues not fit, how tried, 1 it. 91, No. 2. mayjjc bound to fervice, iit. S;, No. S. J' r 1 TIT 1 ml FoiK':<, how ti) bomiuic, I'ir. i;:,No. i nnd :, ' V.n\!l.»lliii;;; coi'vl wnuil, lit ;('), Nn. _s nnef i». vIcwiTs, rit. I'-c, Nv). I ; aiullU. 102, ruij^cry, lir. ii.Nn. 5; ,ir.d lit. 81, Ni». S. No. 5. how iMit.illicJ, I'it. :i, Nn- 5. i! ruDvliv;, 'lit. I ?■»,>,'.>. II. l-'oitifuMtii'iiN I iiiil-< w.uital tuj-, 'lit- ^7, No. Ussfi.l, In wvKuTniincil.'lir. 152, No.!.:. I 1, : .uul ;,. by rivois, Tit. ic J, No, i ^. , IV.ui h iiui pcijuiiis, I it. ^P. at llilit'.w, rj.^. lilted, Tit. 102, No. 1 .j. I i-cikIi iiili.il)i!.uii.s, iluir Uiul lortcUod, Tit. 9.1, pAnlti'm, Iio'.v U1.1J0, 'I'it. io»,No 17. No. io. by riviTS, crcvk*, ilc. \vh.u l.u\tul, Tit I.-;, N'o. v\ TVniuv, how cll.'oiilluJ and rc^julatcd, Tit. 30, No. I. Virc En^iiiC pcrinii'; to uttciul, Tit. ;, 1, No. C. Iio'.vto bo pro.idcd, 'I'it/ ^i, No S. I'iicw.uils, how appoiiUcii,aiid ilicii* duty, 'lit. j 31, No. I .uul 2. to be provided wiili buckets, ^c. Tit. .;(,No. 5. iluir power incrc.ifcd, Tit. 31, No. 7, 8 .md 9, miinbcr increafcd, 'I'ir. 31, No. \c. Ads rdpct-ling, cxiciulcd to Annapolis, and Lunfiilnirj;, Tit. 31, N«. n. rircwmk:^ not allowcvl, lit. 32, No. 1 ami 2. Hill, dried and pickled, rcgulatctl, Tit. t,]. No. 1, 4 and 5. in barrels, to be branded, Tit. 33, No. y. (itlal of, not lo be liirown near tlie lliore, Tit. 3.J, No- 3. pickled, if bad to be dcllroycd, Tit. ^], No. ic and 13 picklv'd, may I;e exported in h;dt' barrels, 'lit. ]], No. 15. (•injery,hnw to be rr5iilaled,Tit.3.;,No. i and 2. pcrfcns hirir^j in it, Tit. 87, No. ^. wi)od for tl'.'., ufe ot, may be cut. Til. 9S, No. 4 an( 15- in rivers regulated, T.r. 34, No. 4, 5 and 6. in rivers and fe.i rrgvilated, Tic. 34, No. 7, 8, 9, I o, 1 I and i 2. IKdirto be fold only by wcijjht. Tit. 10, Noj Caniinp;, Tit. 30. CJuuger, Tit. 100, No i. how appointed, aiul his duty. Tit. 40, to mark and meuCurc barrels. Tit. ^t,^ No 2. of talks and barrcfs how appointed, Tit. 3.^ No. 3. how to gauge and mark wine, rum and nioialle^. Tit. 40, No. 3, employed in the revenue, Tit. 3, No. 3. General AlVembly, Tit. 5. (iJcbe land at (Jranviile, Tit. 80, No. 10. CJiuts at large, in llal'ta.>;, furfcued, Tit. 102, No. :o. Goods, when bound by execution^ Tit. 3S, No. 7. Governmciu-IIoufe, new. to bo built, T' N j» o. 3. old, how to be, Tit. 75, No. 3, how to be rep.iired. Tit. 3, No. : South I'arni, part given up, lit. 9 ">''» I an d 2. uH. i1 by bakci s to be found and good, Tit. I I, No. 4. r'orci!)!e entry, 'i it. 3^. .md detainer, pcrfon^ refufinp, to attiKn on land.i, being taken to pay debt CIrain, a mcalinr for, iippointetl, and the weight regulated, 'Jit. 41, No. 3 ; am! 'lit. ICO, Nt). 6. (JraininariSchc;'.! Ac^ coiitinucd,Tit. 8?, No. i;i. CJra'id juiy to r.ii'.e inuiicy by prclcntnient, Tit. iQ, No. 3 tobcprnfccutedasfuch,Tit.54,No. 4. I Grants from the C ruMU wanting form, con- rorcft^iUiiv:; articl-s nf prnvifion bri)U;.;lit t (4 I f nneil. Tit. 09, No. 12. iiurkct, J it- C' No. '> -> .:> aiKl .4.- ."tua.o; money, how pau l/lit. ^„N .3'' CianVilL', paiifli .im! j'Icl.o, lit. ?->, N»>. lu. IIi;'K\vJ3rs, place* to l>l'rc|).ii.vil to Ix-lctllcd I) (Jiltl Mill, tKllo^. 'lit. 4:, Nn. 1 Mill, toll tor biMtiin^, 'lit. 4:, No. 3. Cu.irdi.inlliip, '! it. .i\. ilvx^ lii'iii{^, lit. 44, iiothiKI i(» liicotu", 'lit. 44, No. 2. iH)t to bo liicil oil tfu- pohiiil"u!,i i>t llili. I'.i.\, in-.ir A cani.ij^c or huik-, Til. .{;, No. 3. iiui\[', oF, oxtcndcil to D.uniuniili, 'lit- 4 1. No. \ Gu'^owiicr not to be kept iit a dwcIKiiL', 'lie. juUiccs, Tit. 47, No «. tliilr wiiliii, I it. 47, No. (). Liliour to iiri-.iU ro.uls in win tor, 'lit. 4- No. lo. to Wiudl'Di- .»nJ lI»ininon 11'l.iin, 'lit. 4; N o. I ? ,IIUl I II. N o. 0. n ir.il)cas corpus cum cauCa, 'lit 15, No. u. to Intel ior Courts, Tit. 94, No 10 ;nul 1 2. Ilawkc-rx anil IVclLirs to bo liccnlcJ, lit. 4";, No. I. Hay, how wciglicil, Tif. 104, No. 5. Siirvi)ors oF, 'I'ir. 100, No- 5. lU-alllj-Olliccr, liow appoiiuccl, Tit. 26, No. 8". Ilcirs, want of, for l.uuis, 'Vit 09, No. 12. Hcninj^s, fino.ikcil, 'lit. 3"^, No. 14 ;muI 15. Hidc'S) c.\porl.iti»)n of, piolubitcJ, 'lit. 46, No- I aiul '{. penalty for cuttinp; the {'ame, Tit. 46, No. 2. may beespnrtcil on cert.iiii tirms, 'lit. 46, No. _]. lal)our how t!»ari:i\l on abl'entect, 'lii. 19, No 15. livi'iilo money applied thereto, lit. .; , No. 7. new ones, hnw to bo laid t)Ut by (lo- vernment (lonnnillioncr, Tit. 4;', No. 10, 17 and 1%. ami ilreets at llalif.w, .Si-iliom 10 ui.ik' re;.',i'lations rclpecrmv^.Tit. 10:, No. :i. on the lUMiiniiila of Halifax, how maile, lit. Ni 2 I ani ho\ I <. bo laid w piil)lic money to bo laid out, lit. 3, No. 2. at CokheUeraiul ritli'U, money to br railVil for, Tit. 47, No. 23. Commillioners at Halifax, power ex- tended to Nine Mile Uiver, 1 it. .17, No. 24. trailiiijr timber on. Tit. .17, No. ^C). Hogs not to lun al lar^c at Halifa.\, 'lit. ic:, No. 3. Hogreavcs, lit. 100, No. i ; and Tit. lo:. No 5. Ildj^s at largo in Halifa.x foribitcd, Tit. 102, No. 10. Ibuips regulated. Tit. -^3, No. i and G. Horlts treCpafling at Halifa.s, 'lit. la, No. i:. to prevent dillenipers amoni^, 'lit. 14, No. 2. regulations atllalifax loexteiidtlirongh' out t!ie Province, lit. 73, No. 3. tt-bcinlpeileilbelorelale/lit 46,No. 4. Iluufe pnlKd ilown to (lop lir:, Tit. 31, No. "„ Hij;liways, 'lit. 47. . j hi'W repaiiid. Tit. 47, ^'o 2. | new ami okl, as well as priv.ite ones, j how laid out and altered, lit, .17,- No. 3. penally for iiieuniberiug, .nnd linw for feitnres arc to be rceovtieil, Tir. 47, I N,.. 6 aid 7- ! peiliiiis j)r()lilblled culling tries nenr I S.ulivilio road, Tlr ic. No. n;. 1 Juric'i reCpefling tin:-, to In- ti lu ne.sC-' to'vr/i. Tit, .17, In'o. S. ' »1 Allcwildy, '111. 1. V \\ MIWMW i'"TI I' Jni'iov, how lo be p:ud, Tit. lo, No. 15. Ic.'JVil:^ ainciiclcd, 'lit, 71, No. 2 and 6. Iaibc//.liii;j; King's 8u-i\';, 'I'it. 101, Nn. (6* liDpoll to cncouraijc I'rovince Trade, 'rit. 82, No. 2 2. lixefl, '1 it. 63, No. 4. liidiins, perlbns who wrong- tlicia hbw profc- cutcd, Tit. 4^^, No. I. Infant, carnal knowledge oF, Tit. 10 1, No. 7. Ini:cdcd perlbns, how taken care of, Tit. 26, No. 3. Inferior Court, Tit. 19. at Luncnburgh, Tit. 49, No. 3. (Queen's County, Tit. 49, No. 3. its furamaryjurifdidion incrc^fed, Tit. 93, No. 7. at Colchefter, Tit. 49, No 4 and 1 1. At Cumbcrlaiid , Tit. 49, No. 5,10, and at Windfor, Tit. 49, No. 7. at Yarmouth, Tit. 49, No 8., at Yarmouth, where to be held, Tit. 49.1, No. 14. Court at Shelbuf ne, Tit. 49, No. 9. •at Pidou, Tit. 49, No. 1 .. ^ its jurisdiction limited. Tit. 90, No- 6- at Halifax, 'J it. 49,^0. 12; at Sydney, Tit. 49, No. 15. Cauies to be removed from. Tit. 94, No, 10 and i^. at Morton, Tit. ,, No. i6. at Annapolis and Digby, Tit. 49, No. 19. at Digby, Tit. 49, No. 20. to be held at Truro, Tit. 49, No. 2 1> Inn- regulated. Tit 57, No i to to. Linhcldcrs not to fell i'pirits on credit, Tit- 5c, No, I. Innoculatlon, Tit. 26, No 3. Infanc Peribn-, Tit. S^, No 5. to be icnt to VVork-IIoufc, Tit- no, No. 4. .In&Ivcnt F.ilates, Tit. 107, No. 13. Dcb^)r3, Tit 51. under 3!. tcllrvcd. Tit. 51, No. 3. frfpcftor of E-.ciCe appointed. Tit. 82, No- 23- IntcitR of money, 'i it- 52, No. i. hueltate Eftates, i it i c ~, No. R, and Tit. 4 3, No. 3. i Joint-lcnant's Lund, How JivideU, Tit. 991 i No. 43. Survivorfliip deftroycd, Tit. 99, No 28. Ifle of Sable rej^ulatcii, Tit. 66, No 3 and 5. Jutij^cs of Saprcnic Court, liuw paid. Tit- 94, No 5. Judgnicnls, iiow to charge real eflates. Tit. 38, No. 7. Juries, how regulated, Tit. ^t,. No. i, 2 and 3. at Inferior Courts Cumberland, Tit 49, No. 13. at Annapolis and Digby, Tit. 49,^^0.19. Jurors fees, Tit. 29, No 2. Juftices of the Peace, jurisdiction in civil caufes^ Tit. 93, No 3 and 4. • their duty on the examination of felons. Tit 1 01, No 28. in certain cafes may commit to Halifax, Tit. 94, No 2- of Inferior Court and of the Peace, fees. Tit. 29, No I jurisdidion in civil cafes at Halifax taken away, Tit. 93, No. 20 and ai. It K 1 Labour on HTgljways rc^rT^lla^ed, "^1 it. 47, No. i. an;) charge of peifous lo work, Tic 47, No. 5. Lambs, to prevent their being driven away. Tit. 89, No I- Lands, titles of. Jit. 99 liable to debts, 'lit ^4' when lial)le to judgnient.s. Tit. 38. Nt>. 7. u'.-i'Hupi-k)V«:d fovtcilc'.i, Tit. 93, N',; 12- L L L L L 1 1 1 I •lit. 99, Lands belonging to Schools, Tit. 85, No. 2. ni.iy be ibid or let for Dyke rates, Tit. 83, No. 7. liowto be fold far debt. Tit. 54, No. 5. for fortifications, Tit. 37, No. 1 , 2 and 3. Landmarks removing, Tit. 99, No. 29. Landlord, hi.s right to dillrain. Tit. 79. Larceny, Tit. 101, bo. \6. petit, may be tried by fpecial fefllons, Tit. 49, No. 6. Laws, how publifhed, Tit. 74, No. x. Leafe.s, parol, void, 'lit. 38, No. i. Leather, a Scaler of. Tit. 100, No. i. not to be fold until marked, Tit. 56, No. I and 2. Legacies, how recovered. Tit. 107, No. 5 and 7. Liars, Sec. Tit. 2 1 , No. 8. Libellers, Tit. 21, No. 8. Licenfe to public houfes. Tit, ^y. No. 1 to 10. Aci altered, Tit. ^y. No 9. Duty one third applied to Halifax ftrccts, Tit. 47, No. 22. Duty AcHs continued, Tit. ^y. No. 1 1. IJSht-Houfe, how maintained. Tit. 58, No. i. at Shclburne, Tit. 58, No. 2 and 3. duty to be collected in out harbours, Tit. 58, No. 4. penalty on pcrfons rcfufing to pay, Tit. 58, No. 5. A a limited, Tit. 58, No. 6. Duty, how to be paid. Tit. 58, No. 7. Art revived and contin ;d, Tit. 58, No. 8. at Annapolis eftablifhed. Tit. 58, No. 9. Lime, a meafure for, appointed, and the HcgQicad fixed. Tit. loo. No. 6. Limitations of Artions, Tit. 59, and Tit. 9, No. 2. for Lan.Js fold for debt, Tit. 54, No. 5. Lines, Surveyors of, Tit. 100, No. i. j Liverpool, Firewards Art extended to, Tit. 31, No. 13. Lodgingr., robbing thereof. Tit. loi. No. 1 2. Lord's Day, Tit. 60, and Tit. 60, No. 7, and and Tit. 57, No. 4. no goods ' o in; fold or labour done on, Tit. 60, No. I and 3. Tavern-keepers not to fuffer pcrfons o drink In thiir houfes on. Tit. 60, No. 3. Lumber, lit. 33, No. 13, Lunatics, Tit, 84, No 5. Luna»iburg Common, Tit. 18. No. 1. Arts refperting fire, &c. exte:Jcd toj Tit. 3,1, No- 12. M- Maiming, Tit 101, No. 27. Manflaughter, lit. 101, No. 4, Marines, Tit- 86. Markets, Tit. 36, and Tit 62. regulated,- Tit. 62, No. 5,2,3,4,5 and 6. eftablifliedat Liverpool; Tit. 62, No. ji Country altered. Tit. 62, No. 8. Marriages, how folemnizcd. Tit 6^, No. i. to be regiftered. Tit- 63, No. 5, 7 and 8. for what caufes void. Tit. 6^, No, 6. heretofore by a Magiftrate made legal. Tit. 63, No. 9. perfons may be iicenfed to folemnize. Tit. 63, No 10. Married women, deed* by, valid. Tit 99,No.3 1. Marflies, burning regulated. Tit. 109, No. i. land ufed in DyKes, how paid for, Tit. 88, No. 9. Maftcrs, Tit. 87. Meal of all kinds to be fold by weight, lit. 10, No. I and 2. Meafures, Tit. 1 04. Mile Stones, deftroying. Tit. 6$, No. i. Mills, toll of. Tit. 42, No. i. the toll for bolting. Tit. 42, No. 2. Militia regulated and eitablKhed, Tit. 64. Acl amended. Tit. 64, No. 1 1 and 12. now pnwidod with provifions and car- riages on a march, Tit. 64, No. 13 and 14. Artillery, Grenadier, and Light Infantry Com- panies, Tit. 64, No. 16. how billeted^ 'lit. 6a, No. 17. Minlftcrs of the Church of Englan.i, how ap- pointed, induc^Cslaud prc!cntcd. Tit;, 80, No. I. y 1 Mimftcrs ct the Church, Tit. 80, Nt;'. 6 and 8. at public worfliip to read Ilcilih Act. Tit. 26, No. 7. Minors, lit. 43, *>.c. nuyfuc forpolTeinon oflnnds if taken umlcr tlie Acl againll forcible entry. Tit. 35, No. 4. ccc. may luc, notwithftandinr A. 1 1. Pine Trees, cutting, Tit. 98, mo 2. Plea, dilatory, to be verified. Tit. 71, No. 11. reading, errors of, amended, except in criminal cafes, Tit. 71, No. 1, 2, 6, 7 and 10. payment of debt on bond, ^'C Ti:. 69, No. 2. Pledges given for fplrits to be reftarcd,Til. 50, No. 1. Polygamy, Tit. 6^, No. 2. Poor at Halifax, none to be fupportcd out of the poor-houfc. Tit. 1 1 o, No. 1 4. children, how to be bound out, Tit. 1 10, No. 5. CommilTioners of. to take charge of workh oufc. Tit. iio. No 15. to be bound out throughout the Pro- vince, Fit. 1 10, No. 8. duty on certain articles applied to, Tit- 82, No. 3. Com"iiflioners of, to bind out poor children, and may purchaie land, Tit. 72, No. 2, 6 and 30. how to be provided for. Tit. 72 ; and Tit- 72, No. J, 2, 3, 4 and 5. Houfe at Halifax, how repaired. Tit. 72, No. 28. Houfe, how to be regulated at Halifax, and other parts, Tit. 72, No. 2j, and juri.sdiclion given to the Juftices rcfpeft- ing the fame, Tit. 72, No. 22 and 23; meeting, ami people to vote money for them, Tit. 72, No. 6. of Halifax, regulated, Tit. 72, No. 24 and 25. forfeitures, how recoverable, Tit. ;2, No. 7. pcrfons, property of, how applied, Tit- 72, No. 13. their property how fecured, Tit. 72, No. 27. Poor", furplus of fcheol duty applied to. Tit, ■ 82, No. 31. their relations to maintain them, Tit,' 72, No. 12. town may be amerced for fupport of, Tit. 72, No. 22. fc'eflions m.ay amerce for their fupport, Tit. 72, No. 17. tranficnt, how to be relieved, and re» nioved. Tit. 72, No. 29. when pcrfons to meet to grant money for them. Tit. 72, No. 15. wlio entitled to be maintained, Tit. 72, No. 9, 10 and 1 1. Pork to be infpect'.d. Tit. 8, No. i. penalty for exporting vithout infpecil- on, ■] it. 8, No. 3. PoflcfTions of land confirmed, Tit. 99, No. i. Poflhumous children, 'lit. 43, No. 3. Pounds, Tit. 73, No. 1, 2, 3 and 4. how eflablilhed, fit- 102, No. 6 and 8. how to be built. Tit. y;^. No- 2. how to be paid for. Tit. y;^, No. i. Keepers, Tit. 100, No. i. I Powder not to be exported. Tit. 103, Na. i and 2. Prefentment of money by Grand Jury, how made, Tit. 19, No. 3. Prifons, Supreme Court to regulate, Tit. 108, No. 5. Priioners on account of the Province, how main'^niiied. Tit. 3, No. 3. provifion for. Tit. 19, No. 15, Probate of Wills, how granted. Tit. 107, No. 3. Probate, Judge of Appeal from. Tit, 107, No. 10. Promiilory Notes, Tit. 9, No. a. Property found in poflciGon of a thief, Tit. lor. No. 17. Prfifccutions, criminal, h©w carried on. Tit. 101, Nt). 22. Pullicatlon or laws. Tit, 74, No. i. Fublic building to be erected. Tit. 75, No' i. Houlc to be hired until finilhed, Tit. 75t Ho. 4. I^ubllc Houles regulated. Tit. 57, No. i to lo- Pumps, Tit. 47, No, 21. haw to be erected, Tit. 105, No. i. I ^ 1 () Quakers, 'lit. 76. to affirm, rir; 108, No. 2. Quaranttnc, how to be performed, Tit. a6, No- 3 to 8. Quit Rent, Tit. 79, No. 7j andTit, 99, No.i6. R- Rape, Tit. 10 1, No. 7. RealEftate of inteft.ite, how divided, Tit. 107, No. 9 and 11. Rebellion, pardon of. Tit. jy., No. i. Receiver offtolen goods. Tit. ioi,Nu. n» Records ameridcd. Tit. 71, No. z- cf Council, copies of, evidence, lit. 78, No. I. Red Herrings, Tit. 3^, No. 14 and 15. Rcgiftiar cf Deeds, Tit. 99, No. 14. to appoint Deputies, Tit. 99, No. 22. Rcgiftry, deeds to be on execution. Tit. 99. No. 26, evidence of, Tit. S 1 , No. 6. of deeds eflablidied. Tit 8 1 , No. 4. of deeds ex':cutcd abroad, Tit. 99, No. II. Regrator, Tit. 36. Religious worfliip. Tit. 80. jxirfons to attend, and Acl to be read at time of. Tit. Co, No. 5. Rent, Tit. 79. Replevin, Tit. 102, No, i3 and 19. Reprefentativcs in General AUcinbly, Tit. 5. number incrcafcd, Tit 5, No. 4. their priv» Tit 5, No. 3. Refolulions of Govcnu;jr and Councllj Tit. Si- Retailers not to fell fplrits on credit, Tit. 50,, No. I. of fpirituous liquors regulated, Tit. 57, No. 1 to 10. Revenue, '1 it- 82. Afts amended and altered, Tit. 82, No. 27- amended. Tit. 82, No. 32. continued and amended, Tit. 82, No. 35> 37 and 38. continued and cxplained,Tit 8 2, No. 13. Comminioncrsof, ho\vappointed,Tit. 3, No. 6. from v»inc, &:c. to pay. Tit. 82, No lot ten per. cent. Tit. 82, No. i. ten fevcral Acts continued, Tit. 82, No. 48. to fupport Government, Tit. 82, No. 2j. continued, fume duties taken off, and others lowered. Tit. 82, No. 39,40, 41 and 42. Riding diforderly, Tit. 83. River lilhcry regulated, Tit. 34, No. 7, 8, 9, 10, 1 1 and 12. Rivers made a lawful fence. Tit. 102, No. 13. nuifanccs in, how prevented, Tit 34, No I. Roads, fee highways. altering, or encroachine;,Tlt. 47, No. 3. how laid out, or altered. Tit. 47, No 3 trailing timber on. Tit. 47, No. 26. Rob!)cry, Tit. ici, No. 8. Rogues, who are to be apprehended as fuch. Tit 84. No. I, 2, 3 and 4. Rotation Court cll;ibiiflied at Halifax, Tit. 93, No. .5. further regulated. Tit- 93, No. 20, 21 and 22. Rum forfeited if not marked by Guagcr, Tit- 40, No 3. ciibL- Ifland regulated, Tit. 66, No. j and 5, Sackville Road, Tit. 102, No. 16. Saint haul's, parifli cftabliflnrd,Tit. 3o, No. 4. rcj»ulatcll. Tit. &o, No. y. Scfltoiu to reguratc the ft»'e(its In Halifax,. Tit. 102, Ho. a I. at Annapolit and Digby, Tit.' 49, No. 1 9. to read Acl, Tit- 66, No. 5. at Digby Tit. 49, Ho. 20 t(3 be held at Truro, Tit.' 49, No 21. Sales of land under cxi^tion lloppifd, Tit. 99, i Sftt ofF, how to be filed, Tit. e;s. No. i and 2. No. 7. Judgments confirmed, TiV.'fvp, No. 4. Silmon tierces, the li/c and quality, Tit, 33, No, 12. Silt, a mcafure for,-Tit. 106, No. 6. Schools, Tit. 85. at Halifax, appointed, Tit. 85, No. 3 &4. Papifts may be licenfed. Tit. 6j, No. 4. Duty laid tofupport, Tit. 83, No. 31. Seamen, Tit. 86. Servants, Tit. 87, and Tit. ^7, No. 4. embezzling mafter's property , Tit. I o I , No. 13. not to be received inpublicrhOfufes, Tit.' 50, No. 3. how to be hired and Regulated, Tit; Bj- No. 6, 7, 8 and 9. Seflt«os at Halifax, tim6 of fitting, Tir. 20, No. 1. to read Aft, Tit. 60, No. 6, Tit. 33,No. No. 8, and Tit. 97, No. a. at Halifax, Tit. 49, No. t. at Lunenburg, Tit. 49, No. 2. nifay amerce Counties, for certain por- pbfcS, TiX.'igi No. 5, 6 and 7 Tit. 72, may amerce to fupport poor No. 17. of Queeo's County, Tit. 49, No. 3.. at Cumberland, Tit. 49, No. 5. fnecial, to try petit larceny. Tit. 49^0.6. at •'WHidfor, Vh. 4p, No. 7. to make regulations furfervants, Tit. 87, No. 9.- at Yarmouth, Til. 49* No. 8 and 14.. at Shelburne, Tit. 49, No. 9^ at Cumberland, Tit. 49, Nov lo and t^r at Cokhcftcr, Tit. 49, No. 11. at Piclou, Tit. 47,. No. i t^ at Sydney, Tit. 49, No. i 5, at HtirtoniTit.^ 49, No. 16. Juftices obliged to attend, Titv 49^ No. 17 and i3. Acl to be read at, Tit. 57, No- S.' to." regelate the flaughtcving Cittle, and ; iSettlcnicnt of Poor, Til. 72, No. 9, 10 and 11, Sewers, Tit. 88. appeals from'. Tit. 88", No. 8. their powcrlimitcd, unlcl's required to ac1,'Tit. 88, No. 11. Sheep, to prevent their being driven away. Tit. 89, No. I. Shclburtic, County andTov.'nrcprefented, Tit. 5, No. 4. Acts re(peftingFire, extended to. Tit. 31, No. 10. Sheriffs, Tit. 90. how to account, Tit. 90. No. i. lus fees, Tit: 29, No. 2. t() twear appraifci"s. Tit. 90, No. 2. how appointed and his duty. Til. 90, No. 3., his 'fees increafed, Tit. 90, No. 9. Shingles reguhted^ Tit. 33, No. i and 6. Ships, how charged with Light duty, Tit. 58, To. I. with fick perfohs, Ti^. 26, No. 1. not to receive uufurveyed fifiij Tit. 33, No. 4. notto be cleared with fi(h without cer- tificates, Tit. 33, No. 1 1. wrecked,Tegulations, Tit. 66,"No. 3, 4 and 5. Shooting,, mahcioufly, Ttt. ioi,Nb.i5. Sickiicfe, preventing. Tit. 26, No. i to 8, Sydney, County reprcfented, Tu. 5, No. 4. Silver Coin regulated, Tit. 16, No. t. Skins, exportation of, prohibited. Tit. 46, Nii. I and 3. to be iiifpeflc'd before fal6', Tit. 46, No. 4. Sleds, the width, and how cattle to be tackled. Tit. 47, No. 1 1 . Slop Cloathing, buying thereof, Tit. S6, No. 2 and 3, Small Pox, Tit. 26, No. 3. Act repelled, Tit. 91, No. i. Snow, when deep, roads to be opened, Nit- 47» ■ No. 10. ,i! 4: n SolJkrs on a mardi, lunv proviJciJ wltTi' pro- vifions and cnrriajcs, 'lit. 64, No. 1 3 and 14. j)C:\v billctcdj-TIt. 92, No- i j and Tit. 6a., No 17. arrm and ncccfTarics not to be bouo,ht. Tit. 92, No. 2. Spirituous liquors credited, not to b,e recovered ngainft fci'vant or labourer, lit. 87, No. 7. n-ot to be fold on credit, Tit. 50, No. i and 2, Sqnibs not to be ufcd, Tit. 32, No. 1. Sraljbing, Tit. loi, No- 3. Staves regulated, Tit. 33, No. i and 6. Statc-IIcufe, Tit. 75, No. i, 2 and 3. Steelyards not to be ufcd, Tit. 104, No. 5. Streets of Halifax, how to be regulated, Tit. 102, No. 21. and Highways, fines refpeclhig, how difpofcd of, Tit. 102, No. 2i2. i^lbcmarle, the Barracks extended on, Tit. 47, No. 1 9. in Halifax regulated, Tit- 47, No. 20, 21 and 32. Strollers to be boun4 "ut, Tit. 73, No. t i . Suits at Law, Tit. 71. Suniniary Trials, Tit. 93. for3l. before one Ju{lice,Tit. 93, No. 5. jurisdiclion of jufliccs, hciw to be exe- cuted in civil fuits, Tit. 93, No. 8, 9, 10 and II. debts under 3I. bail. Tit. 93, No. 13. jurisdiction of Juftices limited, Tit. 93, No. 14. at Halifax limited, Tft. 93, No. 15. .SiinuTfon.s, in funiniary caufcs how, Tit. 93, No. 14. Supreme Court, Tit. 74. Terms increafod, Tit. 94, No. i. >, may amerce Counties for certain pur- fes, Tit. 19, No. 5 and 8, may try felons out of their County, Tit. 94, No. 2. its fummary jarlsdiclion incrcafed, 'lit. thcduratifi • if its Terms, Tit. 94, No. 3. the ni.mber of Judges, Tit. 94, No. 5. 10 fit in the Country, Tit. 94, No. 3. Terms, in Ii;i':f,ix, Tit. 94, Ko. 4. tu regulate: i': hy ns, Tit. 108, N«, 5. Supreme Court may extend its I'crms, Tit;' 9.4, No 6. to hold Hilary Term, Tit. 94, No^ 9, V. hen to be held in the Country, Tit. 94, No. 10 and 13- Juiiiccs of the Peace to attend^ Tit. 49, No 18. eflabliflied for Colchcftcr, Tit. 94, No. 14. SuTvcyor Deputy, Tit- 95, No. 1. of I'iih, Lumber and Cordwood ap- poiv.tcd. Tit. 33, No. 3. of Highways, Tit- 100, No. i and 4. of Highways, their duty. Tit. 102, No.- 4 a;id 5. of Lumber and Cordwood, Tit. 100, No. I, to fvvear Chainmen.Tit. 95, No. 1. Sweep Chimnies, to be licenfcd, Tit. 31, No, 7. Swindling and Jeceit, Tit. 21, Nq. 7. .hi • ■ • > I. . J-' . .,1, ji >j; "Tf. .' ■; -.'-r 1*. .!';''"dua«., \ T.ayernkecpcrs, not to fell' fpirits' on credit', Tit.- '50, No; 1-. ' Taverns regulated, Tit. 57, No. i to 10. Temporary Acts'which are continued, Tit. ()6f, No. I. • Tenants^ how diflrained for rcn-t; Tit. .79. in C.omninn, land howtlivided, Tit. 99, ■ ■ No 2-?r • ovcc-holciing ponefllpn, Tit. 35, No. 5. Ten per cent. AtT: continued, Tit. 82,' No 50- Tlultles denroycd,'l':ti, 97, No I and 2.- Timber, cutting, on rcferved lands, Tit. gS, l-f<>. 2. for Britifli Market regulated, Tit, 9S,' No. 1. for export regulated, Tit. 98, No. 6. Titlesto Land, Tit. 67, No. i ; Tit 59, No. ij and Tit. 99; and fee .Vills, Tit. 107. not to be created hut by writing, Tit- 38, No I, 2, 5 and 6. . Toll "for bolting, Tit 4*, No. 2 and 3. of Mills, Tit. 42, No j. rtsvn Clerk, Tit. 100, No. i. Officers, Tit. 41, No. i and 4; Tit^ too and Titi loi, No. 5. how appointed, Tit. 100, No. 1. for infpecting beef and pork, Tit. 8, No. I. to infpc(5l butter. Tit. 12, No. i. to infpcifl flour. Tit. 1 1, No. 6. to infped herrings appointed, Tit. 33, No. 14. when to be appointed at Horton, Tit. 100, No. 7. TWnratts, Tit. 19- Colleftor at Halifax appointed, Tit. 19, No. 10 for to repair poor-houfe at Halifax, Tit. 72, No. 28. for wells and pumps, Tit. 105, No. 1. how to be- paid by abfcnt proprietors, Tit. 19, No, T. on abfcntces' land, Tit. 19, No. 15.' Trcafons and Felonies, Tit. 10 1. Treafons, Tit. 101, No. i. pardon of. Tit. 77, No. :. Petit, what is. Tit. 10 1, No. 26. I'rcafurcr liable to penalty if he pay money. Tit. 3, No. 5. of a County, how appointed, Tit. 19, No. 2 and 4. Trefpaffcs, Tit. 59, No. 2 ; and Tit- 102. by cattle, how recovered, Tit. 73, No. 3 notice before aftion, quars claufuin /regit. Tit. 59, No. 3. on Crown Lands, Tit. 22, No. !» penalty on thofe who tranfgrefs regula- tions of Seflions, Tit. 102, No. 9. Trcfpaffing perfons in fields afHaliftix, Tit. 102, No. 19. Two and a half per cent. Aft continued. Tit-* 82, No. 49. Unlicenfcd Houfes, Tit. ^y. No. i to 10. Ufury, Tit. 52, No. a and 3. punilhcd, Tit. ^ No. i. Vagabonds^ in work'houfe, how maintained, Tit. 110, No. 10. to be bound out by Juftices, Tit. 87, No. 8. fcnt to work-houfc. Tit. no. No. 2. who to be apprehended as fuch. Tit. 8ii, No. I, a and 3, Vettry, Tit. 80, No. 4. ■ - ..: t.: i..,'.\i ' , ;>;:y r»t5 . i .-.; ]>r,v. W" ■ :. >iT .. . • . >n roJoonVv' Waiters, Land and Tide, Tit. 3, No.' 3. Walls, deftroying, Tit; loj, No. II. i .." Warlike Stores, Tit. 103, No. < and a. Weights and Meafurcs, Tit. 104. . * t^ells and Pumps, lit. 47, No. si. how to be funk, built and repaired, Tit. 105, No. 1. penalty for perfons injuring. Tit. 105, No. 2. Wheels to be of a certain fizc, Tit. 47, No. 1 a ' and 1 3. Widow, her Ihare in inteftate eftates. Tit. 107, No. 9. Wild Cats to be deftroycd, Tit. ie6,No. t. *^"Wiils confirmed, though they want form, Tit, 99, No. 1. how to be made and executed, Tit. 107, No. I, 2 and 3, k Winuifcr '.nii llaifuiioiid 'Plain Roads, pcrfor.s uling lini^ropcr \\hccls on, 'I'it. 47, No. 35. Rviads in that townftiip regiilntrd, as HAmmond Plaiu Road'j Tit. 47, No. n- *" Wine forfeited, if no!: marked by Ganger, Tit. 40, No. 3- F.yal, the duty lowered, Tit. 82, No". 44. \Vitn€{fte,Tit- 57,No. 6 ; and Tit. 101, No. 21. cicpofitions, how taken, Tit. 108, No.i. fees, Tit.; xg, No. 2. how to be fiimnjoncd. Tit. loS, No. 3. out of the Province, bow examined, Tit. 108, No. 4. poor; attending criminlil trials, Tit. 11, No. 10. Wolves to- be deftrcyed, Tit. 8g, No. 3 v* and Tit. 106, No. I. Wood, fOrcftallingit.Tit. 36, No. 5. for ftieV ibTcftalliTig, Tit. 7^6, No; 6. Woods, .burning of, regulated, Tit" 1 09, No. 1 and-3r iie'ftro>ing, feloBy, Th. 98, No. 3. Work-iioufc, Tit.no. at Halifax, to be under the care of the Commiffioners of the Foor, Tit. no, Noi 15. >Jbw to be efVablilhcd throughout the Province, Tit. 1 10, No. 9, 10 and 1 1. to be under regulation of the SciTions, Tit. iro, No.>^ and 7. Wrecked Goods, how prefcrved, Tit. 66, No. 3, 4 and 5. Writs, form of, in fummary triaU before a Juf- tlce. Tit. 93, No. 6.- cfDower^Tit. 99,Nb. 17 and 18. Strvice, o» the Lord?* Day, Tit ' 60, No. 7. tht return of ^ to be regulated* Tit . 94, No. 6 J and Tit. 49. No. 12. Yarmouth, power of Seffioniras to Jaib, &c".. Tit. 19, N*. 14'. » y^ INDEX TO THE EXPIRED LAWS. i^ppropriaiion, Pages 250, 265, 276, 289, 307, 330, 344, 3'J4, 382, 389, 396,410, 431, ^63 and 471. Anembly, I'agc 160. Autitk)!! duty, Page 2l3. B Bail, Pagf s 121,153 ^^^ '5^' Becfand Pork, Act reipcaing llie fame repealed, Page 1 04. Biliard Tables, Paiges 97, 121. Bounties and Prcuiiuiiis, Pages 40, ^6, 64, too and 124. Bread, Pages 105, 119, 167, 198 and 216. Uridges and P.oads, Pages ly^, 177, iSi, 1S4 and 207. Butchers, Page 23 S. Cape-Breton, Page 119. Carriages, tax on. Page 129. Carriers, Pages 217,220, 224 and 228. Collectors of Iinpoll and ICxtiie, Pa"e 40-. of Duties, Page 64. Cord wood, Page 4 29. Courts of julllce. Pages 63, 86, 93 and 172. p-ill proceedings of, conlirnied, Page 40 and 41. of Sellioiis,and Inferior Courts, Page 173. D Debts due to the King, Page 195. Dcfi-rtcrs, Page 207. Dollars, i'agi; 3. Dykcj, PageiM-, Excifc, Pages 40, 63, 96, 118, 128 and 29?!. and lnipoa,Pige 64, loo, 128, 153, 15^, 169, 170, 1 81, 212 and 218. Expiring Laws, Pages 170, 1 8 2, 200, 2t2, 233, 242, 244, 259, 282, 289, 298, 326, i^^y 3^4. 3^1' 388, 395, 416, 431, 443, 465 and 471. Expiring Laws continued. Pages 276 and478. Fees, Pages 121, 153, 171 and 182. Ferries, Pages 156, 182 and 244. I'illiery, Pa!.",c 177. Ad to encourage. Page 466'. Ccneral AflTcmbly, Page 221. Glebe Land, Page 399. Grain, Pages 156, 175,177, 191, 199, 238 and 301. DilUUintj, Page 55. H Herring Fifliery, Page 342. Hides, Page 40. Iligliways, Pages 341, 342, 383, 3S2. Ilouie of Concclion, Page 9. I Impofl Duty, Pages 45 and 97. and Kxcife, Pages 55, j6, 87, 38, 1^4, 163, 164, 175, 176, 190, lot, 19., 203, 221, 224, 228, 2:9, 233, 244, Import, Excife, and Revenue, Pages 242, 2^6. Indians, Pago ^^i. Inlcrior Court, Pages 190, 198, 23;. and Scllions, V.wc 263. Iiinr,, Page 238. Infolvcnt Debtors, Pagc5 2:9, 259, 41c. Intcrrft, Paj^c 8. (unatli.in Ijiniicy, relief of, Paci;c 195. Juries, Pages 45, 104, 125, 151, 205. Juiors, Pa^-jc 52. Labour, Page 206. Land Tax, Page 2 1 7. liable to Debts, Page iyj. Laws, publication of, Page 32. Lawfuit, Pages 121, 153. Liccnfcd lloufcs, Pages 221, 224, 228, 238, 242, 274, 282, 289, 443, 465, 471. Act continued, Page 480. Light Houfe, IV.gcs 9, 426, 445, 463. Loan, Pages 78, lyO, 100, 104, IC5, 116, 123, 127, i7y, 202, 213, 226, 290. Lord's Day, Pages 40, 63. Lottery, Pa^es 164, 265, 365. M Market, Pages 5c, 59, 118, 127, 156, 169, ro9, 21J. 259, 282. Marriage, perlbns may be Hccnfed to folcmnizc. Page 348. Militia, Pa^^es 8, 196, 199, 203, 205, 222, 229, 34«' Pull Tax, Pages 288, 290, 2,^5. Poor, Pages 45' 5'» 53> 73' 86, 232, 284. duty. Page 228. • Poundage, Page 204. P;! Toners, Page 207. Provifions, Page 2c6. Public Luilding, Pages 259, 279, 2C2. Rebellion, Pages 218, 221. Refugees, Page 109. llcprefcntatives in General Affcmbly, their pay, Page 167. Kefulutions of Governor and Council, Page 40, ■ 45. 55^ 56* ^3' 97- Revenue continued, Pages 276, -282, 2S8, 40^, 466, 471, 472. Roads, Pages 229, 239, 247, 259. Saint John's lOand, Page 119. Scfllons, Pages 74, 235. and Infeiior Courts, Pages loc, 166, 24c. 333- how held for iliflercnt Towns in the County of Halifax, Page 1 10, in Halifax County for other Townu, Page 148. Sewers, Page 1 95. Sherifls, Page 209. Slaughtcr-Houfe, Page 63. Sun'Hiary Trials, Pages 86, 97, 343, 362. Sunnions, forjn of, Pag*; 257. Supreme Court, Pages 195, 200,203,213,21^, 224,229, 233,286,333. T Tenants in Ccmmcn, Pages 50, ^y, by. Ten per Cent. Act, Pa^^cs 463, 471. continued. Pages 429, 451. Tonnage Duty, Page 217. Two and a Half per Cent. Ad, continued, Pagei 452,466,472. U Unlicenfcd Ilonfcs, Pages 39, y6, 85, 87, 97, 153, 163, 169, 176, 181, 191. W Warlike Stores, Pages 86, 207. Wheel Carriages, Pages 170, 182, 194, 207,221, 224. Du"y on. Pages 132, 14.5. Wills, &c. Page 165. Writs, Pages 121, 153, 170, 204. Yarmouth Scflions, Page 123.