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Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUiVRE ". le symbole V signifie "FIN". Les cartes, planches, tat.eaux, etc., peuvent dtre film^s d des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul c!ich6, il est fiimd d partir de Tangle sup^rieur gauche, de gauche ik droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthvide. 1 2 3 1 2 3 4 5 6 '*-is( V*' •4«.,, W .♦-"■^'i* kxi>' A■■,■■^• ^iv:-^ . /^. /r^-7 ; J ACT %t:' INCORPORATION BYE-UW'S iip: ORmNANOBS Town OFviKEiNTVILLE. ■ «>. ■ * '.■',■'■'• . *'•*♦. ,.,r.i'. w t ■..<<i'.. *^Vii' ■ 1 »i w- 4 \ - \ % . *^ 't p AN ACT To Amend the Act to Incorporate the Town of Kentville. (PMMd the 3rd day ot May, A.D„ 1987.) \ 1, 8hort title. 2. Incorporation. 8. Boiindaric!). 4. Town ons ward. 5. Oovernnient of town. 6. Who Hliall vote. 7. Elaction, wh«n held. 8. Cnunciilon. how to retire, 0. Bi«ottons, huw coiidUct«d< 10. Notice to be posted. 11. Lint of electom. 12. Hro)ioaal of can<iidate8. 13. If oniy one candidate. 14. Openini; and cioiing of poll. 16. PreiiidinK otflcvr refuHinK to serve. 16. Ballot ho\m, how proriucd. 17. Who to be preoent. 18. Provision a« to ballot boxea. 19. Voting to be by bnllot. So. Mode at procedure. 21. I'oU clerk's duty. 22. Ballot^ how rejected. 83. Ballot not counted. 84. Buturn of ballot papers. 8fi. Paper and jjencils. 2d. Presiding otDcer, when to vote. 27. Premding officer's report. 88. Not to interfere with voter. 29. Friuuiulent voting. 80. Proiniee» of money, &o. 81. I)iiM|ualifi('ation of Warden. 82. Who capable I >( election. 83. Disttaallflcation. 84. Di«((ualiHcation. 85. Exemptione. 86. Penalty for refusal to Mrvr. 87. Vacation of office. 88. Vacancy, how filled. 89. Temporary absence ot Warden. 40. Election, how conducted. '41. Warden, etc, to be awom. 42. Duties of Warden. 48. Duties of Councillors. 44. Committees to report. 45. Meetings of Coimcil. 46. Notices of meetings. 47. Who to preside. SECTIO!t. 48. Powers of Council. 49. Separate school Motion. M). 8e|>arate poor district. 51. Power of aeNeiiHiiiviit. 62. Payment to Treamirer. 58. Not subject tu County Council, 64. Annual payi..ent«. 55. Disputes to be arbitrated. 60. Year, when to end. 57. Powers of Hoard of Health. 68. Appointment of officers. 59. Town cleric's duties. 60. Appointment of Auditors. 61. Who eiigllde as Auditors. 62. Account*, how paiise<l, 63. Abittract, how prepared. M, Annual assessniunt. 66. Objects to b« assessed (or. 66. Payment of poll tax. 67. Exemption from taxation. 68. Companies may be relieved. 69. Definition of terms. 70. Definition of terms. 71. .Ships, etc., how assessed. 72. Insurance Com])anle8 assessed. 7.H. Agenciiis, ho.v asxeised. 74. Pro|>erty assessed at cash value. 75. Personal property, how assessed. 76. Who c!veine<i the owner. 77. Keal estate, how assessed. 78. Pro|x)rty under control of executors. 79. Assessment charge on projxsrty. 80. Lien for rates on pro^wrty. 81. Appointment of town assessors, 82. To he sworn into office. est. Compensation to assCMior. 84, Fine for default or neglect 86. Duty of assessors. 86. Written statement furnished. 87. Statement not l>inding. 88. Town Clerk to give notice. 88. Objection to assessment. 90. Appeals, how tried. 91. Appeals, when tried. 92. Ma>' adjourn for quorum. 98. Powers of Court. 9i. Wltnesess to be sworn. PuLliJ A.:hiv« cf Nova S':otia HALIFAX, W. S. 7 ttcnntl. Oft. l.iMt of complaint* poited. 9A. LUt of apttealii. 07. ('oiirt to dctennine matter. (M. I'uwvr <if Onirt of appeal. W. l>c<Hitloti fltml vxcupt, «tc. ino. I'nwcr of Chalrniuii. 101. AmuMiniont to !>• valid. 102. HkaririK, how irratited. 1U3. Matter, how ilcciiivd. 104. Kjc parte pr(H'««(linK. ICi. WitneHseii teeH. 100. Coiiiplution of ameunient roll. 107. KatolMMk. 108. NotlccH to )Ni iHued. 100. I>eilurtion for prompt payment. 110. Warrant may lie iiwuea. 111. CloodH may bt! sold. 112. Notice of mIo of Koodi. 113. ilalmice to lie returned. 114. r<iHtH, as in Hchednla 115. ItatcM may be sued for. IIH. AliitentoeH from Province. 117. I'eraona alioiit to leave. IIH. Prima fatrle evidence. 110. ]>rath of |iarty awivKaed. r.iO. ItoliiK liiiHlneNti iifter aMiesnnient. 121. I>e<'eai«e<l (lerwinM' taxex. 122. AiMwsHment not prejudiced. I'iS. Failure to levy |ioll tax. 124. pnlilic nieef iniri) of ratepayer!. 125. I'rojwrty vcBted in tow n. 12*1. PowtTH of 0)uncil. 127. rom))en8ation to owner*. 128. 4>)ienin)( new Htreet, 120. Ownonitobe notiHed. i:<0. Wild to )>e arbitrators. IHl. When owner n<tt known. 132. Money may he |>aici into Court. 133. Coniptnimtion to arhitrator*. 134. C'oTiMtructiun of lewem. 135. Krection of fences. 136. Widtli of new street. 137. Street cx|>enditure. 18K. Su|>erintundent of Htreets. 13». Street service of town. 140. Iiitendio); Iniildcrx. 141. Incnmlirances on Htreets. 142. Mnie not to be prepared, etc. 143. Sidewalks cleared from snow. 144. I'iis(iii);eii not to i)e obstructed. 145. Citrria^ps not driven on sidewalks. 14H. Street not to t'e broken up. 147. I'asHt n((erH not to be obstructed. 148. Streets not to be obstructed. 140. Nut to throw stones, etc. 150. Coastin){on stieets. 151. DiHorderly driving, etc, 152. IjCitK to lie fenced in. 153. Moving buiidinioi. 1.54. Drains and sewers. 15fi. Notice before action. 15«. ApiKiintment of tirewardg. 157. I'freward's duty. 158. Who to lireak o|H!n buildtngv. l.Mt Power of tlifwanls. 1«0. Kire and Protection companies. Id. May rUct Hieir officers. 162. Duties >'f Ml eji'en. 103. (Mficois to liave what powers. 1(U. Kiri' enlist ililt'i 165. CiiiiMiuv swcciicri. liid. Kiii|il lyii'i i.t ••' I nuiiiecr, 1(17. Mectinif on ^^^itor supply. ICS. l'(>Hfl>nii'^ilt'ii nf iiiotti/iif. 160. Isdiic of iltliiiitnres. 170. I'ower i>I iiitiy on lands. 171. lioiliN nnv he oncni'd. 172. Title to Ian 1 n-m luciuiied. 173. Imniii^'. . ... '..iviution. Sbctiok. 174. Service pines, how e%rHM. 176. Waterworks extended. 176. Annual income, how appropriated. 177. AsMssment for water siipply, 17H. Council mav make bylaws. 170. Ktntville Municifial Court 180. Kocor<lera(Stl|iendiaryMafriitrat«. 181. Clerk of (;ourt. 182. .lurisilictlon of Court. 188. SuiU bioiiKht for rates. IM. Writ*, by w hom iire|iarad. 18.^. KxcluHive Jurisdiction. 186. Proi-CNS Uked by Court. 187. Particulars of action. 188. Action, how commenced. 180. Concurrent writs. 100. Action airtinst sevenU defendant*. 101. Court, when to sit. 102. Matters of defence. lOA, When no rScfence filed. Judgment. 104. Jud|{ti'ents. hovr entered. 105. Money paiil into Court. 106. Money to be deducted. 107. .ludKioents t<i bear interest. 108. Not to be quashed, etc. 100. Execution, how levied. 20A. IVhere flefetidant is concealed, 201. Executio) as in schedule. 203. Defendani , when let in. 208. List of caiises for trial. 204. Continuance, how sranted. 205. Court may adjourn. 206. Causes, how tried. 207. Parties may appear in person. 208. Executors, etc., may sue. 201). Where Court has no JiirisdictioO. 210. Assivnee of chose in action. 211. Notice of action. 212. Balance of chose In action. 21$. Defendant's remedy. 214. De|ioHition, how taken. 215. Capias, how issued. 216. Arrest of defendant. 217 Discharire of defendant. 218 Sul>se<|uent unH'eedings. 210. Money |iaid into Court. 220. Party su<'ceedinK entitled to costo/ 321. Power of amtndment. 222. Power to issite suhpomas. 228. Oath, b^v whom administered. 224. Affidavit, before whom sworn, 22.5. Kecorder to make rules. 226. Appeal, how granted^ 227. Sureties may render. 228. Pa]>erH, to whom sent. 220. Pr(i<'ee<linirs on appeals. 230. Witoests in cust<xly. 2:il. Duty of conHtable. 232. Policemen to serve process, 233. Execution, when returnable^ 234. Forfeiture lor neglect. 235. (^oui t mil liable in action. 236. Inno'vcnt debtor's relief. 237. Co-' . ' tc, in Munici|ial Court. 23.H. A • o n'ment < f .special constables. 280. I'm' ■.vho.-c control. 240. 1 . ' norii in. 241. A I I .il for what iieriod. 242. I ' at public meeting. 243. I ■ for refusing to act. 244. I.xt . nstiUilcs. 215. '11. 1 .worn in. 246. fla lonipcnsatod. 247. .'-h -iLst iioHceuien. 248. S!.i ve nroi'ess. 24!>. I \l 'Wtrs in cen-.ain coses. 2.'io. Pel tor non-attendance. 2.>l. ii. -il III certiiin case*; ISsciios. 2AS. 8ti)>en(l)ar>' Maffistrate't duty. 2M. Clerk of ix'tlic-e olllce. "aiS. Police office ruo«)r(l. 2M. \otioiiii, Ac, b«(ur« Stipendiary MuiriMtrKte. 2A7. Kinea, Iuvh, and (orfeltiirefl. S68. When ni«t nocetiiary to act out. Sftft. Stlpen<iiary may order coittji. 20U, Ltivy t>v aala and dUtrstw. 201. 8ti|iendlary inaydiacharire de(«nd> ant. 262. Conviction not to In) (|«iaahe<l. SacnoN. 'Ha. Feca in police court. 904, Town to have mnnmon i«*1. 205. I>eeda, how authenticated. IM. Fee (or atttsinK aeal. 2A7. No aniendnient without notice 208. Hy-law, how aUNpended. 26M. By-lawa and orrlinanre*. 270. Bvlawa laid before LeKialatur«. 271. Violation of bylaw. 272. Council may o)ien credit account 278. Aot to go into o|Ntration, Ac. Be it enacted by the Governor, Council, and Ansembly, iw follows :— 1. This Act may be cited as " The Renivilie Incorpora- short utie. tion Act, 1887." 2. The inhabitants of the town of Kentville, within moorporation. the limits hereinafter defined, are constituted and daclared to be a body corporate and politic, by the name of the town of Kentville. 3. The town of Kentville shall be bounded as follow that is to say: — Commencing at theCornwallis river at t' north-west corner of lands ownjd by John Harringttn thence by John Harrington's west line to the south- wes'v corner of his lands, thence easterly in a direct line to south- west corner of lands owned and occupied by John Kearney, thence easterly by Kearney's south line and continuing in same line until it strikes the we^t side of Elderkin Brook, thence northerly by west side of said brook to the Corn- wallis river, thenoe crossing the CornwalHs river, and in a northerly direction by east line of lands belonging to the estate of the late George W. Borden to the .south side of Belcher street, thence westerly by said road until opposite William Grierson's east line, thence northerly by said line to north line of lands owned by F. VV. Chipman (bought from Charles Gesner), thence westerly by Chipman's north line to west side of Campbell road, thence northerly by said road to north-east corner of Rufus Barnaby's land^, thence westerly by said Barnaby's north line to the north- west corner of his lands, thence westerly in a direct line across lands of F. W. Chipman and others, until it strikes .Benjamin Raf use's north line, and by Raf use's iimth line uniii u point opposite and in line with the west fei . « of the exhibition ground is -reached, thence lo the ih. Ii-west corner of exhibition grounds and by west fence of »'\iiitiition grounds to Mrs. Mullowney's west line to the D\ k ^d, so called, thence westerly Ly said dyke road to o.u i,ree BoundariML 7 near Ward barn, thenee westerly until it striices the nearest bend in the Cornwallis river, thence by south side of said river to the place of beginning. Town one wkH. 4^ foT the pufposes of tWi9 Act thc lown of Kentville shall be one ward. Oovtrnmcnt ol town. Who •h»ll vot«. Election, tt«ld. whan 5. The town shall be governed by a warden ai.d a body of h\% councillors, and no person shall be elected or elij^ible to serve as warden or councillor «vho shall not have neen resident in said town for the period of three years next previous to election, or is not at the time of his election a British subject of the full age of twenty 'one years. 6. All ratepayers of the town, whether male or f«male, resident or non-resident, who shall have been such for at least 9ne year next previous to the election, of the age of twenty-one years anil upwards, and who shall have been assessed in the assessment roll made up next before the election on property within the limits of the town, and shall have paid all rates and taxes of all kinds due and payable by such ratepayer to the town whether for the current or any previous year, shall be entitled and qualified to vote at any such election for warden or councillor. 7. An election shall be held in said town on the first Tuesday of February in each and every year, at which a warden shall be elected, who shall hold office for one year, and as many councillors as shall be necessary to fill vacancies created by the retirement, resignation, or death of members of the council. Counrlllori, how to retire. 8. The warden elected at the election in February 1887, shall hold ofiice until the first Tuesday of February, 1888, and shall act until his successor is declared ; and all councillors in the town who would but for this Act hold oflfice for one year only after such election, shall hold office until the first Tuesday of February, 1888, and shall act until their successors are declared ; and all conncillors so elected who but for the passing of this Act would have held office for two years after such election, shall hold office until the first Tuesday of February in the year 1889, and shall act until their successors are declared. EHectiont, how coDiiucted. 9. All elections shall be conducted by a presiding officer and poll elerk, who shall be appointed by the town eouncil. ID. Notice of the time and place of holding (he election Notig ta b« shall be poHted up by the town dork in seven of th^j most'**''^" Eublic places of the town fur ten days next previoUH to the oUlin^ of such election. II. The town clerk shall, not later than five days Lut tf oVcton. previous to the holding of every election, prepare and supply tu the presiding officer a lint alphabetically arran<jed of the persons qualified to vote at such election, and every . persoi^ whose name appears upon Huch list shall be entitled and (|ualified to vote notwithstanding any error in the preparation of such list, or the placing of such nauie there- upon, provided that nothing herein contained shall prevent any qualified voter whose name is omitted from said list from V(>( ing at such election, and in such case the production V)y siirh voter of a certificate from the town cleric, showing that he has been assessed on the assessment roll made up next l>efore the election on property within the limits of the town, an<l taking the oath in schedule A of this Act con- tained, shall conclusively determine the qualification of such elector (o vote at such election. le first lich a jruary iruary, and all ct hold d office all aci lors so i have hold r 1889, 1 esiding e town 12. Every candidate for the ofiice of warden shall be Propo«ti of («»n. proposed in writing by two ratepayers, and every candi- date for the ofiice of councillor shall be proposed in writing by two ratepayers resident in the town, and such nouiina- tion paper shall lie handed into the town clerk not later than eight o^ciock, P.M., of the Tuesday previous to the holding of the election, and the town clerk shall before opening of the poll post up the names of candidates to be voted for in each wH<xl in one conspicuous place outside and one inside of the btitlding in which such election shall be held. }ti. In case only one candidate shall be nominated fori('>niy one cm- warden, or in case only so many candidates for the ofiice **^ of councillor shall be nominated as there are councillors to be elected, such candidate or candidates shall be declared duly elected by tht town clerk without a poll being held, and such declaration shall be publicly made at the hour of nine o^clock in the forenoon of the day on which the electioa C9 to be held. 14. When a poll is to be taken it shall be opened atopjfljnBj '"^^ nine o'clock in the forenoon and shall be closed at four o'clock in the afternoon, but the presiding ofiicer may close the poll one hour after a proclamation to that effect if no vote is polled within said hour, and provided further that •t H*Ilot boxes, bow itrovUlud. notice ha.s been poHted to that eftect inside and otit.sitTn of the buihiing in a conHpicuous place immediately upon the proclamation being made. PirniciinK^offlrBr 15. Yn the cvent of any presiding officer or poll clerk ' "*"* *" neglecting or refusing to serve as snch, the "warden shall appoint a substitute, and such presiding officer or poll clerk neglecting or refusing as aforesaid, shall be liable to a penalty of not less than twenty nor more than forty dollars. 16. It shall be the duty of the town council to provide and furnish to the presiding officer two ballot boxe^, one for the reception of ballots for candidates for the office of warden, and one for the reception of ballots for candidates for the office of councillor. whotoLcpre- 17^ Dufing the holding of the poll no person shall be entitled or permitted to V>e present in the polling place other than the officers appointed to hold the election, the candidates to be voted for in such polling place or their Agents duly authorized in writing to be present not exceed- ing one agent for each candidate, and any elector for the time being actually engaged in voting, provided that it shall be lawful for the presiding officer to have present or to summon to his aid any constable or police officer for the purpose of maintaining onler or preserving the public peace, and the presiding officer shall have power to order the removal of any person from the polling place who shall not be entitled to be present, or who being so entitled shall obstruct the voting, and such order shall be executed by any constable or police officer without the same being in writing or by warrant. Provision as to tittllot boxea. i ( 18, The presiding officer immediately before the opening of the pell shall show the ballot box to the candidates or their agents, or to any such persons as may be present within the polling place, so that they may see that the same is empty, and shall immediately thereupon lock the ballot box, place it in view for the reception of ballot papers, and keep it locked until the close of the poll. Voting to be by 19, The votcs shall be given by ballot. The ballot shall be a paper ticket, which shall contain in writing or printing, or partly written and partly printed, the name of the candidate or candidates for whom the elector intends to vote, designating on the back the office which the person named in the ballot is intended to fill, which designation shall be &o mOide as to be Otpparent to the mtflido of upon thtt poll clerk den .shall poll cleric i)>le to a ty dollars. provide oxen, one » office of andidates 1 nhall be in^ place ction, the or their i exceed- tr for the d that it (resent or •fficei" for le pnhlie to order ho shall led .shall Ml ted by being in opening lates or present he same e ballot eix, and e ballot iting or lame of intend<i ch the which to thd preRidinjj officor when the paper is foldetl. Each voter nhall deliver Win ballot folded up to the prcNiding officer, who Hhall ascertain that the same in single without reading the name of the candidate thereon written, and Bhall deposit the ballots for warden and those fur cuuncillor in separate boxes without delay. 20. Immediately upon an elector presenting himself «"•'«• '><p»o- to vote the presiding officer shall search for the name of ****"*" b.ich elector upon the list, and if the same is found shall at once receive the vote of the elector. If the name is not found the presiding officer shall so inform the elector, and such elector shall be permitted to leave the polling place if necessary for the purpose of procuring the required certi- ♦ ficate if any, and to return for the purpose of voting, but in no other cast; shall an elector who leaves the polling place after presenting himself to vote be permitteU to return. 21. The name of each elector voting at such election Poiici.rk*»duty. shall be written in a poll list to be kept at such election by the poll clerk, and immediately after the close of the poll all votes given shall be sorted and counted by the presiding officer, who shall puldicly declare the candidate or candi- dates for the office of councillor having the highest number of votes to be duly elected, and shall also publicly declare the number of votes given for each and every of the candidates for the office of warden and councillor voted for, which shall l»e recorded by the poll clerk. 22. No ballot shall be rejected simply because the Baiiot, how re- same has been iiiailvertently placed in the wrong box, but^*"* ' the ballot so misplaced shail be counted in the group to which it properly belongs ; and if at any stage of the counting it shall appear that the number of ballots deposited exceeds the number of persons who have voted, the ballots shall be returned to tne V)OX and well mingled, and the presiding officer shall draw out publicly as many of them, without looking at them, as .shall erjnal the exce>s, and shall at once destroy them, and proceed with the counting as hereinbefore directed. 23. Every ballot having more names than there are Baiiot not count* candidates to be elected, and every ballot having upon it*^" any mark appearing to be designedly put thereupon for the purpose of enaV)ling the .same to be identified as the ballot of a particular voter, shall be placed in a separate envelope, and no such brMot shall be counted by the presiding officer. Return o( ballot papers. Paper and pen- cils. 24. The ballot papers found in the boxes by the presiding officers shall be returned to the town clerk, and shall be by him pre.served for the period of ten days after the election, and from thence until the termination of any legal proceedings instituted to test the validity of the election, and no election shall be challenged or questioned in any court of justice unless proceedings to test the same are instituted within ten da^s after the declaration. 25. The presiding officer shall at the expense of the town, provide paper and pencils for the use of voters, and have the same at the place where the election is held. Pregid'ng officer. 20. The presiding officer shall not vote for a candidate wntsn to vote. . id for the office of councillor, except in the event of there being an equality of votes between two or more candidates having the lowest number of votes necessary to secure an election, in »vhich case the presiding officer shall give a vote for one or more of the candidates having an equal number of votes. Provided that this provision shall not apply except in the case of such an equality of votes as would otherwise prevent the result of the election from being determined, and he shall declare the result of the election as produced by his casting vote. Presiding offi- cer's report. i 27. The presiding officer shall at once report to the town clerk the result of the election for councillors, and shall likewise forthwith report to the town clerk the number of votes given for each candidate for the office of warden, and the town clerk in presence of the council at such time as the council shall appoint, shall declare the candidate having the greatest number of votes to be warden of the town for the ensuing year. In the event of there being an equality of votes between the two or more candidates having the highest numher of votes for the warden, unless himself one of such candidates, the warden shall Viy his casting vote decide which of such candidates shall be warden. In the event of the warden being one of such candidates, the town council shall by vote decide which of such candidates shall be warden, and in the event of a tie, the same shall be determined by the recorder. wfthYoter."'*'* ^^' ^^ returning officer, presiding officer, poll clerk, candidate, or agent of a candidate present within the room 9 being ! clerk, le room where an election is being held, shall give to any elector a ballot to vote with, er offer or give him any advice as to the person for whom he should vote, or otherwise interfere with the voter in the exercise of his franchise, and any person violating the provisions of this section shall forfeit for every such offence a sura not exceeding twenty dollars, and upon non-payment thereof shall be imprisoned in the county jail for a period not exceeding thirty <lay8, provided that the presiding officer may prepare a ballot and fill up the same for any voter who shall make oath that he is unable to fill up his ballot paper without assistance, which uath shall be administered by the presiding officer in the form in schedule B. 29. Any person knowingly and wilfully voting at any Fraudulent vot- election held under this Act not being entitled to vote, or ""^ any person fraudulently tendering more than one ballot when voting, any person fraudulently offering or tendering a forged certificate or receipt for taxes to any presiding officer at any such election, or fraudulently offering to such presiding officer a tax certificate or receipt other than his own for the purpose of being permitted to vote at such election, and any person offering or attempting to vote under the assumed name of any other elector, shall for each such offence forfeit a sum not exceeding fifty dollars, and upon non-payment thereof shall be imprisoned in the county jail for a period not exceeding six months, provided that no such penalty nor imprisonment, nor the conviction for any such offence, shall operate as a bar to any other penalty, prosecution or criminal proceeding whatever to which such person so offending would otherwise and but for this Act be liable. 30. Any person who shall advance or pay, or cause to iTomiw o» be ac'vanced or paid, or give or lend, or agree to give or "'""***' offer, or promise, any money or valuable consideration to or for an}' voter, or to or for any person on behalf of any voter, in order to induce any voter to vote or to refrain from voting, or who shall corruptly do any such acts as aforesaid on account of such voter having voted or having refrained from voting at any election of warden or councillor, shall for every sdch offence forfeit a sum not less than ten nor more than fifty dollars, and in default of payment shall be imprisoned in the county jail for a period not less than twenty nor more than sixty days. 31. Any warden or councillor who shall be decreed or Di»qu«iiflcation adjudicated a bankrupt or insolvent, under any Act of the"' **'^'**"' *<»• w 10 Parliament of Canada relating to insolvency, or who shall compound with his creditors by a general deed of composi- tion, or shall make a general assignment of his property for the benefit of his creditors, or shall be taken in execu- tion for debt, or shall be convicted of felony or misdemeanor, shall become disqualified, and his office shall become vacant, and the council shall by resolution declare such office to be vacant. elMti^^**'* **' ^^- ^" person shall be elected a warden or councillor who has been decreed or adjudicated a bankrupt or insolvent by virtue of proceedings taken under any Act of the Parliament^ of Canada relating to insolvency, unless before such election he shall have procured a discharge from his creditors in the court having cognizance of insolvent matters or causes, nor shall any person be capable of being elected a warden or councillor who has at any time been convicted of felony. Disquaiifloktion. 33, None of the following persons shall be elected a warden or councillor, or be appointed to office by the council, nor shall any person continue to act as warden or councillor or hold any office under the council, after becom- ing one of the persons disqualified as follows; and should any person so disqualified, or not having the qualification heretofore mentioned, be nominated as warden or coun- cillor, such nomination shall be void : a. — Persons in holy orders, or ministers or preachers of any religious sect or denomination. 6.— The sheriff. c. — Any person directly or indirectly by himself or his partner having a contract or share or interest in a contract or employment with, by or on behalf of the council, provided that no person shall be disqualified nor be deemed to have any share or interest in such contract or employment by reason only of his having any share or interest in any lease, sale or purchase of land, or any agreement for the same, nor by reason only of any agree- ment for the loan of money or any security for the payment of money, no^ shall anything herein contained operate to disqualify or incapaci- tate the recorder or stipendiary magistrate from being employed as solicitor or attorney for the town. vho shall composi- property in execu- le mean or, le vacant, fice to be louncillor insolvent ;t of the iss before from his insolvent ! of being ;ime been e elected !e bv the /arden or er becom- nd should pilifi cation or coun- preachers mself or interest on behalf shall be share or )y reason it in any reement y agree- security mything incapaci- ate from for the 34. No person shall be elected a warden or councillor Di»quaimpation. who holds any office under the town council to which a salary payable out of the funds of the town is affixed, and if any such person be nominated for the office f warden or councillor his nomination shall be void unle.s„ before the expiration of the time for making such nomination he resigns such office so held by him. Any warden or coun- • cillor who shall accept any office under any town council shall thereby vacate his seat as such warden or councillor, and his place shall be supplied in the same manner as if he had resigned his seat. 35. The following persons shall be exempt from being Exemptions, elected a' warden or councillor, or serving in any office under the town council unless with their own consent : a. — Justices of the Supreme and County Courts, and Judges of Probate. h. — Senators and Members of the House of Commons, Members of the Executive or Legislative Councils, Members of the Legislative Assembly, School- masters actually engaged in teaching, and persons more than sixty years of age. 36. Any person eligible to office and not exempt from Penalty for r*. service who shall be elected as warden or councillor ^nd'"** *"'*'^^ shall refuse to serve in such office, shall forfeit the sum of forty dollars to the use of the town, which sum may be collected as a private debt in the municipal court at the suit of the town as plaintiff, provided that no person who has served as warden or councillor for one term, not less than three years previously to the election, shall be liable to such penalty, and further that any councillor may resign his office at any time after the period of one year from the time of his election, by giving written notice to that effect to the warden, whereupon the office shall be declared vacant by the council. 37. Any warden or councillor who shall without leave omce, how v». of the council absent himself from meetings of the council ******" for six successive months, shall thereby vacate his office as such warden or councillor, and the said office shall be declared vacant by the council, and such warden or councillor shall forfeit the sum of forty dollars to the use of the town, to be collected as a private debt in the municipal court of the town. 38. In the event of a vacancy occurring in the office of vacancy, how warden or councillor, the council shall forthwith by resolu-""**" 12 TeniporHr>' ab- keiice of war- den. Elertion. ho* conducted. Warden, Ac., to b« 8Wom. I>ntie8 of war- den. Duties of coun- cil Ian. tion appoint a time, not les<4 than fifteen dayn after the paHsin^r of such resolution, for holding an election toNiipplj the vacancy, provided however, that should such vacancy occur in the office of councillor within three months previous to the end of the year the council may in their discretion leave the vacancy unsupplied until the next annual election. 39. During the temporary ab.sence of the warden from the town, the council may from time to time in their dis- cretion appoint one of their number to discharge the duties of warden, who shall be called the presiding coimcillor, and who shall have in the absence of the warden all the ])owers and authority, and shall exercise all the functions and dis- charge all the duties of the office of warden. 40. The election to fill any vacancy in the i*flice of warden or councillor phall be conducted, as to noniiuations, ballot papers, officers, and in every other respect, in the same manner as the regular annual elections. 41. The warden and councillors shall before entering upon the duties of their office respectively be sworn by taking and subscribing the oath of allegiance anil oath of office, which oath shall be administered to the warrlen elect by a judge of the Supreme Court, or County Court, the stipendiary magistrate of the town for the time being, or any two justices of the peace. The councillors shall be sworn by the warden, the stipendiary magistrate oV the town, or any two justices of the peace, and a certificate of such oaths having been taken shall be entered by the town clerk in the minute book of proceedings of the town council. The oath of office shall be in the form in schedule C to this Act. 42. The warden shall be the head of the council and the chief executive officer of the town, and it shall be his duty to be vigilant and active at all times in causing the law for the government of the town to be duly executed and put in force, to inspect the conduct of all subordinate officers in the government thereof, and as far as may be in his power to cause all negligence, carelessness and positive violation of duty to be duly prosecuted and punished, and to communicate from time to time to the council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort and appearance of the town. 43. It shall be the duty of the council to assist the warden in the discharge of his duties, and to appoint one 18 cil and be his the law ed and dinate i be in )ositive d, and such y tend health, } town. or more of Us mpmbers to be a committee for the following purposes reapr-ctively, and such other committees as may by the couiicil be deemed necessary for the due administration of the affairs of the town : — Committee for supervision of Public Accounts, Finances and Tenders. Committee for supervision of Schools. II • n Public property, roads and streetH. Committee for supervision of Licenses. M It Police. i» n Poor. ii« tt Water Works. * 44. The various committees shall report at each committeet to regular quarterly meeting of the council any special circum- "'^"" stances in their opinion requiring to be reported in respect to the sprvices under their charge, and shall further report to the cotincil in reference to any subject coming within their supprvision whenever required by vote of the council so to do, and special committees may be appointed for any particidar purpose, matter or thing by vote of the council, which committees shall report to the council in writing upon the matters so committed to them. The reports of all committees when unanimous shall be signed by the chairman, otherwise by such members of the committee as may concur in the report, and the minority or any dissent- ing member of a committee may present a separate report in writing. 45. There shall be held every year four quarterly Meetinga of meetinjjjs of council on the first Tuesday of March, June, '^"'"^ September and December, and special meetings may bo called by the warden as often as he may deem the same to be necessary ; and whenever requested to do so by three members of the council in writing, the w^arden shall call a meeting of the council within three days thereafter, and in the event of his refusal or neglect to do so, the three members so requesting a meeting to be called may appoint a time and place for holding such meeting and notify the other members of the council thereof, and the meeting so called shall have the same powers and authority as if the same had been summoned by the warden as requested, and within twenty-four hours after they are declared elected all councillors and the warden shall be notified of their election, and the first meeting of a council after the annual election shall be held on a day to be appointed by the retiring u council, of which notice shall be given to the newly elected councillors by the clerk ini mediately on their being declared elected. Written notice 4G. W^rittcn notice shall be given by the town clerk ing». ^^ every member of the council of all meetings, regular or special, one day previous to such meetings, provided that emergency meetings may be called by the warden at shorter notice when necessary, but no business shall be transacted at such emergency meetings other than such as is indicated in the notices calling such meetings. Who to preside. 47. The Warden or presiding councillor shall preside at all meetings of the council, and in their absence the council shall elect a chairman from their number who shall preside, and four councillors and the warden or chairman shall con-^ stitute a quorum at all meetings of the town council. Powers of council. '11 48. The town council shall exclusively have, possess, enjoy and exercise within the town, all jurisdiction, power, and authority, which but for the corporation of such town would or could be exercised therein, or over or in respect thereto by the county council, the town meeting, the school meeting, the grand jury, the trustees of schools, supervisors of public grounds, overseers of poor and commissioners of streets or highways; and all lots, pieces and parcels of land, and all buildings and erections thereon, which at any time were granted and conveyed or were originally laid out or allotted to the town, or to any person, or persons, or corporation in trust for the town or for the inhabitants thereof, or for any public use in said town, or which have been or are in any way held in trust for the town or the inhabitants thereof, or for any public use ih said town, and all lots, pieces and parcels of land lying within the limits of the town, which at any time heretofore have been granted, conveyed, demised, or leased, or which were originally allotted or laid out to the township in which the town is situate, or to any person or persons, or corporation in trust for said township or for the inhabitants thereof, or for any public use or purpose in said town, and any property here- tofore declared by Act of the Legislature to be the property of the town or under the control of the town council, shall become and be the public property of said town, and shall be under the exclusive control and management of the town council thereof. ''*h'"i'^ «fP'"»t« 40. The town shall be a separate school section, and the control and management of the public schools of the town v\y elected ig declared town clerk regular or vided that at shorter transacted I indicated preside at he council ill preside, shall con-' ncil. e, possess, an, power, luch town in respect the school ipervisors pioners of s of land, any time id out or rsons, or abitants ich have or the wn, and imits of granted, ginally town is n trust 'or any ty here- roperty 1, shall 1 shall le town ind the e town 15 bhall he vested in the council and its committee appointed for that purpose. 50. The town shall be a separate poor district, and Town a Kptntt shall be liable to pay for the support of all the poor who '^"""*''"' have gained or may gain a settlement in the town. .51. The council shall exclusively have power to vote, Power of •«««• assess, collect, receive, appropriate, and pay all sums of '"*" money required by the town for the following purposes: the support and maintenance of the poor and insane paupers, the erection and repair of public school houses and the support of the public schools of the town, the laying out, opening, building, making, repairing, lighting and cleaning of the streets, roads and bridges of the town, the construction, repairing, lighting and cleaning of the public sewers and drains of the town, the payment of salaries and compensation to the officers and servants of the town, the equipment, maintenance of a fire department, and the purchase, equipment, maintenance, and repair of machinery and implements for the extinijuishing of fires, the maintenance of the municipal court of the town, the establishment, equipment, and maintenance of a police office and an efficient police force for the town, the pay- ment of interest on money borrowed for the purposes of the town, the payment to the municipality within which the town is situate of the town's proportion of the costs of the services hereinafter mentioned, borne jointly by the town and the municipality, and all other expenses incurred in the due execution of the several powers and trusts vested by law in the town, its warden, council and officers. 52 The town shall annually pay to the treasurer of the Anmiai paymsnt municipality within which the same is situate, an annual '*""'«''• sum in lieu of all county rates and assessments heretofore levied or paid, which sum as nearly as nmy l»e, shall be equivalent to the benefit derived by the town from the public services supported by the revenues of the county. Such sum shall be composed of the following items, that is to say, a pro rata proportion of tlie amount patl bv the county on account of the administration of ciimi' .1 justice, an amount equal to the cost of maintaining in the county jail all prisoners committed to jail by seiilenee of tiie stipendiary magistrate of the town or committed to jail under process out of the municipal court, an amount equal to the cost of maintaining all paupers chargfuKle to the town who shall be maintained in any poorhoii-iH or like institution supported by the funds of the countv , h pro rata ■ I '4 16 f»roportion of the amount paid by the county on account of unatics confined in the Nova Scotia Hospital for the Insane and charges incidental thereto, and no other items 8hall enter into the sum so payable annually as aforesaid, except as in the next following clause provided. wunty wunciL ^^' ^hc town shall not be in any way subject to the jurisdiction of the county council, nor shall the inhabitants of the town be assessed for county rates of any kind what- soever except as hereinbefore enacted, provided that nothing in this Act contained shall interfere with the liability of the •vn, or of the ratepayers or inhabitants of the town now liable to contribute to the county school assessment for the county or district in which the same is situate, but such liability and the right and liability of such town, or the ratepayers or inhabitants thereof, to contribute and participate in such assessment, shall continue in all respects as the same were immediately before the proclamation of the Revised Statutes, fifth series. Annual pay- ments. Hi 54. The municipality of King's county shall pay to the treasurer of the town its just proportion of the road and bridge money granted by the Legislature to the said municipality, and the said just proportion of said grant so to be paid shall be laid out and expended within the limits of the town by the town council in accordance with the provisions of chapter 4G, Revised Statutes ; and for this purpose the committee on public property, roads and streets shall be supervisors or commissioners, as provided in said chapter. Disputes to be arbitrated. ' 55. In the event of a dispute between the town and the county with respect to the sum so payable as aforesaid by the town for its proportion of services borne jointly by the town and the county, or with respect to the sum payable by the county to the town on account of the provincial road and bridge grant, such dispute shall be referred to the award of arbitrators, of whom one shall be appointed by the town council, one by the county council, and a third arbitrator to be appointed by any Judge of the Supreme Court, and in the event of either or any council neglecting or refusing to appoint an arbitrator after ten days' notice in writing, requiring such council to make such appoint- ment, any Judge of the Supreme Court shall appoint an arbitrator on behalf of the council so neglecting or refusing, and the award of any two of such arbitrators shall be final and binding. ] 5ii iccount of I for the her items aforesaid, ect to the habitants ind what- Lt nothing ability of the town cessment M&te, but town, or bute and 1 respects ination of II pay to road and the said grant so s limits of v^ith the for this id streets in said and the jsaid by by the [payable nal road to the Id by the la third Supreme 'lecting p notice jppoint- loint an ^fusing, 36 final 17 5G. The municipal financial year shall end on the J!^'^",|''|J"j,;'j*'*''' thirty-first day of December, and all acconntp of the moneys received and disbursed by the town for the year shall be made up by the town clerk and submitted to the auditors not later than one week after the end of the year. 57. The town council shall within the town have all^"""''" i",,''*^? the powers and exercise all the functions and discharge allot iieAith. the duties conferred upon or appertaining to boards of health by chapter 20 of the Revised Statutes, or by any Act of the provincial legislature hereafter to be passed, and also all powers and duties conferred upon or appertaining to the count)' council, under chapter 27 of the Revised Statutes, " Of Nuisances." 58. The council shall at their first meeting after the o^PgiJ,'*""^"' '^' annual election and at such other time and times as they shall deem expedient, appoint such and so many of the following officers as they shall deem necessary, who .shall hold office during pleasure, and may be dismissed at any time by resolution of the council, that is to say: a town clerk and treasurer, health wardens and health inspectors, superintendent of streets, commons and public property, firewards, fire constables, firemen, policemen, constables, clerks of market, measurers and weighers, surveyors and inspectors of lumber and wood, revisors of electoral lists within the town, fence viewers, and all such officers as shall or may under the provisions of this Act be necessary for the carrying out of the purposes of this Act, and any officer so appointed who shall without reasonable cause therefor refuse to enter upon the duties of his office or shall be guilty of anj' neglect of duty or violation of duty therein, shall forfeit a sum not exceeding ten dollars, or in default of pay'iueut shall be imprisoned for a term not exceeding twenty days, and a failure to attend and be sworn into office at the time named by the council by resolution or by-law after service of notice so to do, shall be deemed a refusal to enter upon the duties of his office. 59. The town clerk shall until the council shall declare otherwise by some by-law to be passed by them therefor, perform the duties appertaining to the office of tieasurer, clerk of overseers of poor, collector of schools, poor, water, county and other rates and assessments, clerk of police and municipal courts, and all other duties that may be frum time to time required of him by the council, and he may with the concurrence of the council appoint a deputy to perform any or all of the said duties, for whose acts he shall be responsible, - , Town clerk'K duties. A)>i)oititincnt ot auili Ittora. w 60. The council ^all annual!}' appoint two auditors on or before the 30th day of December, who shall examine and report upon all accounts al!l>cting the town or relating to any matter under its control or within its jurisdiction for the year in which they are appointed, and shall prepare an abstract of the receipts, expenditures and liabilities of the town, and also a detailed statement of such particulars in such form as the council shall direct, and shall report in duplicate on all accounts audited by them, and shall file such reports in the office of the town clerk at least two weeks before the date fixed for the annual election, and thereafter one copy shall be open to the inspection of any rate-payer durinij office hours, and he may by himself or his agent, at his own expense, take a copy thereof or extracts therefrom. 61. No person who at any time during the year in which such auditors are appointed is or has been a mem- ber of the council or a contractor with, or officer appointed by the council (other than an auditor), shall be eligible to the appointment as such auditor. JS"**' ''°* ^2. The council r.hall, upon the report of the auditors, finally pass and allow the accounts of the town clerk and treasurer if the same are found to be correct to the satis- faction of the council. ^lT,^ll\ *'°'* ^^- '^^^ town clerk shall print and publish the auditors' abstract, and shall publish the detailed statement in such form &a the council shall direct. Who t'lii;il)le ai auditors. ASSESSMENT. '' -^ Council to assess 64. The oouucil shall annually assess on the' inhabit- annua y ^^^^ ^^^ ^^ ^^^ property withiu the town such sums of money as may be necessary to defvny the expenses of the town foj the current year, including the deficiency for any previous year. assiwlVfor''* 65. The objects to be provided for by the assessment shall include the services and expenditures specified in sections fifty-one and fifty-two, the saUuies a:' I i ;:npensa- tion to the officers of the town, the support of the poor and insane paupers, the erection and repair of public school houses, and the support of the public schools of the town, the equipment and expenses of the fire department, the purchase of land for school and fire engine houses, and the erection of buildings for fire purposes, the maintenance of the town courts, civil and police, the laying out, opening, making, ^*>^ [(lltors on mine and lating to ction for prepare lilities of irticulars report in shall file least two tion, and jn of any irnself or hereof or e year in n a mem- appointed e eligible ; auditors, clerk and the satis- ii auditors' t in such inhabit- sums of 1-es of the for any fsessment icitied in ;2upensa- Ipoor and lie school town, the [purchase erection the town making, 19 repairing, and improving the roads, streets, lanes, and bridges of the town, providing town buildings, the care of property, the expenses of the police, extra constable-) and watcnmen, the intorebi^ upon debentures issued by the town, and all expenses incurred in the due expcution of the different powers and trusts vested by law in the town, its warden, council and officers. C.G. Every male resident ot the town between the ages ll^^^™""* °' »*" of eighteen years and sixt}' years shall pay an annual poll- tax of two dollars except active members of fire companies^ and members of union protection companies within the town, and such as have retired on the full service required by law, C7. All real and personal property within the limits o^ tlxaZn"" '"''" the town shall be liable to taxation, whether such real and personal property he possessed, occupied or owned by indi- viduals, or by any firm, joint stock company, association or corporation, and whether owned by parties residing in the town or elsetvhere according to the best knowledge of the assessors, subject to the following exceptions : (1.) All property, real and personal, owned and occu- pied by Her Majesty, or if unoccupied. (2.) Every place of worship, churchyard, cemetery, or burial ground, but not to include any parsonage or dwell- ing-house owned by any religious congregation, or house occupied by any clergyman. (3.) The real and personal property of every college, or academy, if occupied for the purposes thereof, or if unoccupied. (4.) Every public school house, town hall, court house, jail, and lock-up. (5.) All public landings, public break-water.i, and public wharves. (6.) All public lands, and property of the town if occupied for the purposes of the town or if unoccupied. (7.) All Dominion and Provincial debentures, and debentures of the town in which the assessment is made. (8.) The prodirce of any farm within the town being the property of the persoh who raised or produced the same, and being intended, and reasonably necessary, for actual consumption on s^ch farm. 20 (9.) Manufacturing companies which have been or may hereafter he relieved from taxation by resolution of the council, for such amount, and for such time, as they have , been or may be so relieved, and all manufacturing com- panies which have been or may hereafter be relieved from taxation by special statute. (10.) The property of any widow when of less value than four hundred dollars, or if more than four hundred dollars and not exceeding one thousand dollars in value, an abatement of four hundred dollars shall be allowed from the valuation. uTJik"vc(i, '"*'^ ^^' '^^>^' council may by resolution relieve any manu- facturing coujpany from taxation on their real and personal property, either in whole oi' in pait, for such a period as the council shall deem expedient, not to exceed ten years. I>efliiition of terms. 69. The terms "land," real estate" and "real pro- perty," shall be held to include all land and all buildings or other things erected upon or afHxed to the land, and all machinery or other things affixed to any auch buildings, so as to form in law a part of the realty, and all mines, minerals and quarries in, under and upon the lands, except mines owned by the Crown. Pifliiitioii of 70. The terms " personal property' " and " personal estate shall include all household furniture, goods, chattels, wares, merchandise, horses, cattle, farmiiig stock and implements of trade, timber, plank and materials for the construction of vessels, all ships and vessels, or parts thereof, owned by persons residing in the town ; all public stocks (except Dominion and Provincial debentures and debentures of the town in which the assessment is made,) all moneys belonging to any person, firm, company, associa- tion or corporation in the town, whether invested in public or private .securities (except mortgages of real estate.) Ships, *c., how 71, All ships and vessels owned by persons rosidinjj in the town shall be assessed as property within the town, whether such ships or vessels be at home or abroad at the time of the assessment, or whether registered in the town or elsewhere ; and all such ships and vessels, and ships and vessels in course of construction, and timber, plank, and other materials necessary for the construction of such ships and vessels in the yards where such ships and vessels are in course of construction, shall vq assessed at one-half their actual cash value, and ships so assessed in the town shall not be assessed or taxed for locai or municipal purposes elsewhere. ■ I \ n or may n of the ley have ing com- bed from >S8 value hundred value, an ved from ny inanu- 1 personal period as ten years. real pro- ildings or 1, and all ildings, so 9,11 mines, ds, except puraonal •e, goods, iijg stock erials for , or parts all public ures and is made,) , associa- in public ie.) residing |the town, id at the Ithe town Iships and lank, and |uch ships jssels are lalf their kwn shall purposes 72. Every firo, marine and life insurance company or |JJ»;[j;*"2i„^^j; association having its head office in the town, or doina; business therein by or through a branch office or agency, or agent in said town, shall be a.rsossed in respect to real and personal property held by said company or association in the town in the same way as other rate-pa3'ers of the town are assessed, and shall, in addition thereto, pay an annual tax as follows : Every marine insurance company or association, not more than seventy-five dollars. Every fire insurance company or association, from five dollars to fifteen dollars per annum. Every life insurance company or association, from five dollars to fifteen dollars per annum. If any insurance company or association is engaged in more than one branch of insurance business, it shall pay a tax at the rate above mentioned for each branch of said business carried on by it in the town. Said taxes shall be regulated by the town council, and become due and payable on the first day of January in each year. 73. The agent or manager of every insurance company ^^^J^^!^^' ^°'''' or association doing business in the town by or through a branch office or agency, shall be personally liable to the town for all rates and taxes rated and assessed against the company or association^ of which he is the agent or manager. And the same may be recovered from him by an action at suit of the town, or the treasurer may issue his warrant and distrain the goods and chattels of said company or association, or the goods and chattels in possession of the said company or association, and sell the same to pay said taxes, or he may sue said company or association for the license fee payable by and all rates and taxes rated and assessed against the company or association of which he is the agent or manager. 74. All real and personal property' shall be assessed at Property aswss. the actual cash value thereof, so far as the same can be " '^*"*'""^ ascertained, except such property as is by this Act exempted from taxation, or is hereby directed to be assessed at a different valuation. 75. Personal property shall be assessed in the name of r«"'"'=''proi>er- « TiV how n iim^flfu 'i\ and against the owner thereof, or person in possession. Wio'lcemerfthe owner. Deal estate, how assessed. • 76. The person in possession of personal property at the time of the assessment thereof shall be deemed the owner thereof, and the same shall be assessed in his name and against him, in case the real owner has not been assessed therefor, provided, however, that no property in transit shall be assessed. 77. All real estate shall be assessed in the same manner and upon the same principles as provided in chapter 58, Revised Statutes, fifth series, in respect to municipal assessment. Prov^erty under 78. All real and personal property under the control coiitroi of execu- ^£ any persons as executors, administrators, trustees, guardians or agents, the separate property of married women and of minors, shall be assessed and rated in the names of the parties exercising control over such property, but such rating shall be kept separate and distinct from the rating and assessment of real and personal property held by them in their own right, and notice to any one or more of them shall be sufficient, and the rates and taxes raced and levied against said property shall constitute a lien upon the same, and may be enforced by the sale of said property, and the person exercising control over said property shall be liable in his representative capacit}' for said rates and taxes. Assessment Charite on pvoverty. ! 1 ^V- I4en (or rates on \piopert>'. 79. In every case where between the making of the assessment rolls for any year and the levying of any assessment according to such roll, any person rated therein in respect of real or personal property shall convey, lease, or otherwise dispose of such property, such assessment shall be a charge on the property, and may be collected from the owner, assignee, or per«!on in posse.ssion of the same at the time of levying said assessment, whose name shall be in the affidavit and warrant for collecting, in the same manner as if such person had been originally assessed in reopect of such property and his name were on the assessment roll ; but such lien shall only continue for the space of three years from the time .said assessment is filed in the office of the town clerk. 80. No property of any person, firm, company, associa- tion or corporation shall be taken possession of by virtue of any bill of sale, conveyance or mortgage thereof, or any lien thereon, nor shall the same be seized or levied upon under or by virtue of any warrant, execution or attach- meut or other processj nor shall the s^me he sold, under any II perty at med the lis name lot been perty in b manner ipter 58, luuicipal e control trustees, married d in the property, let from property y one or nd taxes stitute a i sale of )ver said lacity for g of the of any therein y, lease, nt shall rom the e at the 1 be in [manner jpect of Int roll ; three le office issocia^ virtue I or any upon ittftch- any 28 order of any court, until the party who holds the convey- ance, mortgage or lien thereon, or at whose instance or suit the warrant, execution, attachment or other process issued or order of sale was granted, shall pay all ratps and taxes rated and levied against the owner or party in possession thereof, and the sheriff, constable, or other officer havir: process to levy upon such property shall, before levying upon the same, pay to the town treasurer such rates and taxes. And the assignee, mortgagee, or person holding a lien thereon, or sheriff, or officer who takes the said pro- perty, shall be personally liable to the town for the amount of the rates and taxes rated and assessed thereon, or against the person in possession thereof, for the then current year, and may be sued therefor V)y the town, as for a debt due the town by said person. And said property shall also be liable to be levied upon, seized, taken and sold by the town treasuier to pay such rates and taxes, together with costs and expenses. 81. The town council shall appoint two suitable persons, Appointment ot , , . , , ., •! i 1 i J. 'o*'" assessors. not being members of the council, to be town assessors, to continue in office from year to year till removed by a vote ot the council. 82. The town assessors shall attend at such time and To be sworn into OlnCC* place as they shall be notified by the town clerk, and subscribe an oath, in the presence of the warden, stipendiary magistrate or a councillor, faithfully to perform the duties of their offices, and to make a fair and impartial assessment of the property within the town and of the inhabitants thereof. 83. The assessors shall during their continuance in compensation to office receive such annual compensation for their services'^®**'" as the council shall decide upon. 84. Any assessor who shall neglect or refuse to be r-ine for .icfauit sworn into office, or shall be guilty of neglect of duty, shall "' '"''^''''^^'" pay a fine of not less than ten nor more than fifty dollars. Provided, however, that should he have served as assessor within three years, ht, shall not be fined for non-acceptance of office. 85. The assessors shall prepare an assessment roll for Duty of the town, wherein shall be set down in separate columns, go*"®*^"- far as the same can be ascertained by the assessors, the names, in alphabetical order of the surnames, of all persons, lirms, companies, associations and corporations liable to be 24 III Written state- tntnt furnished, 1! statement not bindiii);. Town clerk to give noticu. taxed in the town, the place of residence of the person liable to be assessed, the name and residence of the owner of the property, and the name of the tenant or occupier thereof, distinguishing residents from non-residents, the description of the property assessable against each, the value of each separate piece or kind of property, and such other particulars as the town council shall direct, and shall deliver the same certified to the town clerk as soon as practicable 'after making up the same, before the first day of February, or such other day thereafter as may be appointed by the town council. 86. Every person holding assessable property in the town as executor, administrator, trustee, guardian or agent, the agent or any partner in a tiim, the secretary or manager of any company, the cashier, agent, secretary or manager of any public or private bank or banking company, or of any fire, marine or life insurance company or association liable to bo assessed in the town, shall deliver to the assessors on or before the first of January in each year a statement in writing sighed by such person, or in case of his absence by his agent, and attested to before the stipendiary magistrate, warden, a councillor, or justice of the peace, containing all the particulars respecting the property assessable against such person in his private and also in his otiicial capacity, or against the firm, company, association or corporation, bank or banking company, of which he is a member, or of which he is agent, manager, cashier or secretary, which are required in the assessment roll ; any such person refusing or neglecting to give such statement when required, or knowingly giving a false statement, shall foifeit a sum of not less than ten dollars nor more than thirty dollars, and in default of payment of such sum, together with costs of prosecution, shall be liable to be imprisoned in the county jail for a period not exceed- ing three months. 87. No such statement shall bind the assessors further than from their own personal knowledge and inspection and tlue inquiry made they believe the statement to be correct, and notwithstanding any such statement they may assess such person, firm, company, association or corporation or agency for such property and for such amounts as they believe to be just and correct. 88. The town clerk on the receipt of the assessment roll from the assessors shall give notice by advertisement for one week in a newspaper published in the town, or in ;he person the owner )r occupier idents", the each, the ', and such b, and shall as soon as le first day as may be nty in the n or agent, Dr manager r manager any, or of association /ev to the ich year a in case of Defore the justice of •ecting the rivate and , company, mpany, of manager, ssessiiient give such g a false en dollars yment of be liable t exceed- rs further Inspection ^nt to be hey may rpo ration as they Isessraent ftisement rn, or in 26 such newspaper as the council shall order, that such roll \ is open to the inspection of the ratepayers of the town, and shall serve each person, firm, company, association or corporation assessed in said roll, or his or their agent, manager, secretary or cashier, with a notice in writing stating that said roll has been filed in his office, and shewing the amount at which his or their real and personal property has been assessed in said roll. Said notice may be in the form in schedule D,and shall be served personally upon or left at the dwelling or place of business of the person to be served, or on the property assessed ; and if any ratepayer is a non-resident or cannot be found, the notice may be served by depositing said notice in the post office in the town in a letter addressed to him at his last or usual place of residence or business. 89. Any person, firm, company, association or corpora- objection to tion assessed in said roll who shall think himself or '"""'*'"'"*• themselves not entitled to be assessed, or that he or they are overcharged or undercharged in said roll, may within fourteen days after the first publication of the notice men- tioned in the preceding section, but not after, give notice in writing to the town clerk that he or the company, association or corporation of which he is secretary, manager, cashier or agent, appeals from said assessment, in the whole or in part, and shall in such notice state particularly the grounds of his or their objection to such assessment ; and if any person assessed in said roll shall deem that any person, firm, company, association or corporation has been assessed too low in, or has been omitted from, or wrong- fully inserted in said roll, he may within said fourteen days, but not after, give notice in writing to the town cleik that he appeals against the assessment of said person, firm, company, association or corporation, and shall in such notice state particular!}' the grounds of his objection to said assessment, and such appeal may be in the form in schedule E to this Act. 90. All appeals from said assessment shall be tried by M''v^'^»' how a court to be known as the Assessment Appeal Court, which shall be composed of three members of the council to be appointed by the council, and the recorder of the town. The recorder when present shall preside at all meetings of the court; in his absence the senior councillor present shall preside. Any three members of the court shall constitute a quorum to hear cases, and the decision of a majority of the members of the court present shall be final. The town clerk shall be the clerk of said court. Appeals, wh»D tnt9<i. Co\irt may adjourn (or quorum. 91. The assessment appeal court shall meet to hear appeals as soon after the expiration of the time allowed for appealing against the assessment as practicable, at such time and place as the council shall appoint, and may adjourn from time to time at pleasure, but no such court shall meet without having first given ten days' notice of the time and place of such meeting. 92. If at the time appointed for the meeting of the court a quorum shall not be present, the chairman or any member of the court present may adjourn the court until another time ; and in case no member of the court is present, it shall stand adjourned until the following day at the same place and hour. Powers of Court 93. The assessment appeal court shall have power to issue subpcenas for the attendance of witnesses before the court ; such subpoenas shall be in such form as the recorder shall establish, and may be signed by any member of the court ; and any person served with any such subpoena, and having been paid or tendered his fees, who shall disobey the subpoena, shall be liable to a penalty of not less than five nor more than forty dollars, and on non-payment thereof to be imprisoned in the county jail for a period not exceed- ing thirty days. witnesees to be 94. All witnesses examined in said assessment appeal swore. court shall be sworn by the chairman of the court in the usual way. List o( com- plaint3 posted. ^ 95. The town clerk shall at least ten days before the meeting of the court to hear appeals, post up in his office and in one conspicuous place in the town, a list of all com- plaints against the assessment, giving in each case the name of the complainant, and the person, firm, company, association or corporation complained against, with a concise description of the subject matter of the complaint, and the time when the court will meet to hear such com- plaints; and shall serve a notice in the form given in schedule F in the appendix upon each of the complainants, and each person, firm, company, association or corporation complained against, and on the assessors, and where it is proposed to transfer the assessment from a person, firm, company, association or corporation wrongly assessed in said roll to the proper person, firm, company, association or corporation upon the .said person, firm, company, asso.ciation or corporation, by leaving the same or causing it to be left at the place of business of the said person, firm, company, association or corporation, or the place of residence of the t to hear lowed for , at such and may uch court ice of the ng of the m or any urt until s present, the same power to tefore the recorder •er of the nena, and ?obey the than five it thereof t exceed- t appeal irt in the fore the lis office all corn- he name ompany, with a mplaint, ch com- »iven in ainants, )oration re it is n, firm, )ssed in Eition or 3.ciation be left inpany, of the 2f said person, or of any member, agent, manager or secretary of said company, association or corporation, and in the case of non-residents by mailing such notice in the post office in the town, addressed to the said person, firm, company, association or corporation at his or its usual or last place of residence or business, or where their address is not known by leaving the same on the property assessed. 9G. The clerk shall prepare a list of the appeals, entering List of apueau. them thereon in the order they are received by him, and the court shall proceed with the appeals in the order as nearly as may be in which they are so entered, but the court may if they see fit grant an adjournment of the hearing of any appeal to any time. In ca.se of the adjourn- ment of the hearing of an appeal, it shall not be necessary for the clerk to serve notice of said adjournment on any of the parties to said appeal, but the chairman of the court shall publicly announce the day the court will hear said appeal. 97. The court after hearing the complainant and such cmirt to deter witnesses as he may produce, and the subject matter of the '"'"*' n"*"*""- complaint and the party complained aj/ainst, and such witnesses as he shall prod uce, and the assessors, if necessary shall finally determine the matter. 98. The court shall have power to confirm, reduce or Power of court increase the valuation of any property in the assessment" ''^^ roll, to add to said roll the name of any person left oft' said roll, and to strike oft" said roll the name of any person wrongfully entered thereon. The court shall also have power, and it shall be their duty when a property shall have been assessed in the name of a person who is not legally liable to be assessed therefor, to transfer the assess- ment to the proper person, provided that if such person has not been previously notified of such proposed transfer, he shall be forthwith notified, and the council at its next meeting thereafter shall hear such person and his witnesses, if any, and may if good cause be shown reverse or modify the decision of the appeal court, and when any property has been assessed more than once in any general assessment the court shall strike out such as shall be improper or illegal, and correct any clerical errors made by the assessors in the assessment roll. 99. The decision of the court shall in all cases be final, Decision fln»i, except as in the last preceding section, and in section 102 *""^''''*' '^•'■' hereinafter provided. Power ol ohai^ luan. AsscsBinunt to be valid. IIpRrinp, how grariteil. 1* Matter, how deciiitid. Ex parte pro- ceeding. WltnesMS fees. ■■. I 1 Completion of ansetMiuent roll. 28 100. The chairman of the assessment appeal court shall have such and like powers and authority to preserve order in said court during the holding' thereof, and by the like ways and means as are exerciser and used in like cases by the Supreme Court of Nova Scotia, but there shall be an appeal therefrom to a judge at Chambers on giving notice of motion of the hearing of such appeal. 101. The assessment roll as finally passed by the assessment appeal court and certified b}' the clerk as so passed, shall be valid and shall bind all parties asses.sed in said roll notwithstanding any defect or error therein, or any irregularity on the part of the assessors, or in respect to the making up of said roll, or in the proceedings of said court, or any error or irregularity in the notices required to be given, or the neglect or omission to deliver or trans- mit such notices. 102. In case any person shall show by oath or affidavit to the satisfaction of the council that he has been prevented by absence, illness or other sulficient cause from appealing from the assessment or duly prosecuting his appeal, the council may grant such person a hearing, and reverse or modify the decision of the court of appeal or the assess- ment, as the case may be, and amend the assessment roll accordingly, or remit or reduce the tax, as the justice of the case may require. 103. It shall not be necessary for the court to hear any person or witness upon oath unless the court deems it necessary or expedient, but the court may decide the matter in question without hearing evidence. 104. If either party fails to appear the court may pro- ceed ex parte, and if neither party appears the court shall confirm the assessment. 105. All witnesses subpoenaed to attend the court of appeal shall be entitled to be paid their fees at the rate of fifty cents per day, and five cents for each mile of actual travel, said fees to be paid by the party at whose instance the witness is subpa3naed. lOG. When the assessment roll is completed and certi- fied by the clerk it shall be laid before the council, who shall thereupon make estimates of all sums which may be required for the lawful purposes of the town for the then current year, making due allowance in such estimates for the abatement, losses and expenses which may occur in 29 court shall erve order y the like e cases by (hall be an 'ing notice d by the ;lerk as so .ssessed in therein, or in respect igs of said 3 required r or trans- )r affidavit prevented appealing ppeal, the 'e verse or he assess- sment roll bice of the hear any deems it le matter may pro- )urt shall court of u rate of jf actual instance nd certi- vho shall may be the then lates for occur in the collection of the taxes and for taxes which may not be collected or collectable ; and the council shall authorize the levving and collection of a rate or rates of so much on the dollar on the assessed value of the property assessed in said roll as the council shall deem sufficient to raise the sum required to defray the expenses of the tovirn for the then current year, including any deficiency from any preceding year. 107. The town clerk shall procure a book to be called Rate book. the " Rate Book," in which he shall set down and enter in alphabetical order of their surnames, the name in full of each person, firm, company, association or corporation assessed in the assessment roll, and the names of all persons liable to pay a poll tax, and the correct assessed value of the real and personal property of each person, firm, com- pany, association and corporation as valued in the assessment roll passed by the assessment appeal court, and he shall also calculate and set down the amount of the rate payable by each person, firm, company, association and corporation, which said rate book shall be revised and approved by the council 01' a committee of the councillors for that purpose appointed. 108. As soon as the rate book shall be approved by the Notinestobe council or the committee as in the preceding section ''^'^ ' mentioned, the town clerk shall cause each person, firm, company, association and corporation rated therein, or his or its agent, manager, cashier or secretary, to be served with a notice in the form in appendix, schedule G, which may be done by leaving said notice at the place of residence or business of the said person, firm, company association or corporation, or the place of residence or business of the said agent, manager, cashier or secretary, or in case of non- residents by mailing the same to his or their last or usual address, or by leaving the same on the property assessed. lOD. The council shall have power to allow a discount. Deduction for not exceeding two and one-half per cent, for the payment Inei'it!' ^^^' of taxes within fifteen days of date of notice, or any time as they see fit. 110. If any person, firm, company, association or cor- warrant maybe poration rated in said rate book shall not pay the amoumt; "*" rated against him or it within thirty days after service of the notice, (or in case of non-residents, after the same h&a been mailed to their address or left on the assessed property ) or within such other period as shall be limited for the pay* tnent of the same by the council, the treasurer may forthwith issue a warrant in the form given in schedule H to this Act, under his hand and the seal of the town, against the said person, firm, company, association or corporation, and levy the same with costs and expenses of the collection thereof, by distress and sale of the goods and chattels of the said person, firm, company, association or corporation, or of the goods and chattels in his or their possession, or of the goods and chattels assessed to him or them in said assessment roll, wherever the same may be found. The property distrained may be removed to a place of safe keeping. 111. When goods are distrained as aforesaid, the bailiff shall notify the party whose goods have been distrained that said goods have been seized for taxes due to the town, and that unless the said goods are redeemed within five days the same will be sold at public auction to pay said taxes and the costs and expenses of the seizure and sale. Notice of sale of 112. If the property so distrained is not redeemed '''"' * -within five days after such distraint, the same shf.ll bd sold at public auction to pay the rates and costs and expenses of seizure and sale, after three days' notice of such sale by handbills posted up in at least three conspicuous places in the town. Ooodg may be «old. Ralaiice to be rtturnud. 1! I Costs, as in •cht'diile. 1 Rates may be sued for. 11.*}. If any balance remains after payment of said taxes, costs and expenses, the same shall be paid over to the person in whose possession the property was when the distress was made, provided no claim to such surplus has been made by any other person on the ground that the property sold belonged to him, or that he was entitled by lien or other right to the surplus. If such claim has been made by any person, and the claim is admitted, the same shall be paid over to him. If the claim is contested by any person, such surplus shall be paid to the town treasurer, who shall retain the same until the right thereto has been determined by action at law or otherwise, but nothing herein shall render the treasurer, the town or any of its officers liable for any costs. 114. The costs chargeable on the distress shall be as in the schedule I to this Act. 115. In case of non-payment of said taxes by any person, firm, company, association or corporation, either resident or non-resident, the treasurer may at his option sue therefor and recover the same in the name of the urer may ihedule H rn, against irporation, collection battels of oration, or ion, or of tn in said ind. The :e of safe the bailiff rlistrained the town, ithin five pay said id sale. redeemed shf.ll be costs and ee of such nspicuous of said over to tvhen the -plus ha3 lat the tied by las been le same sted by town thereto ise, but or any le 11 be as by any either option of the town, together with costs, in the first instance as for a debt due to the town, and afterwards issue his warrant and levy for any balance remaining unpaid, or he may issue his warrant and distrain the goods in the firsi instance, and sue for any balance remaining unpaid after sale of the goods distrained. 116. Any person absent from the Province indebted to Absentees from the town for taxes may be proceeded against for said taxes under the provisions of the Act respecting suits against absent or absconding debtors, notwithstanding that the amount thereof may be less then the sum of twenty dollars; no attorney's fees to be taxed thereon on behalf of the town. 117. If any person indebted to the town for taxes who Persons about to has been served with the notice requiring him to pay said "*^*' taxes, is about to leave the town before the time limited for the payment of said taxes has expired, the town treasurer, or in his absence the warden, is hereby autho- rized, notwithstanding that the time in t!ie notice shall not have expired, upon making an affidavit before the stipen- diary magistrate, warden or any councillor, that said person is indebted to the town for said taxes, and that he verily believes that said person is about to leave the town, and that said taxes will be lost to the town unless a warrant be issued and said person's goods be distrained, or that said person be arrested at once, to either issue his warrant and distrain the goods and chattels of the said persorj, or cause a capias to be issued against such person in order to recover said taxes. And it shall not be necessary to state in said affidavit the grounds of his belief. 118. In any suit brought against a person for the PHma fade recovery of taxes due to the town, a certificate in writing*^' *"''*' purporting to be signed by the treasurer and that the defendant's name appears on the rate-hook of the town for the sum claimed from him for taxes, and thcat tlia said sum has been demanded from him for taxes, anil tlmt the same has not been paid, shall be prima facie evidence in any court of taxes being due and unpaid, and shall be sufficient proof to entitle the town to judgment unU'ss a good and just defence be made thereto. 119. In the event of the death of any person assessed Death c{ party in the assessment roll after the making of the assessment ****'**''■ by the assessors, the notice required by this Act to be given to the person assessed may be given to his executors or administrators, and they shall have the right of appeal in the same manner as if they as such executors or adminis- 32 d\i^' I trators were assessed for the property assessed a;»ainst the deceased. If r.o executor or administrator has been appointed, or if they are not known to the town clerk, the said notices may be left on the property assessed, and any person interested in said property may appeal from the said assessment. And the taxes rated and assessed against any deceased person, whether rated against him before his death or subsequently, may be recovered from his executors or administrators, and the estate of said deceased shall be liable for said taxes, and the same shall constitute a lien thereon. Doing buBineiB 120. Every person, firm, company, association, or cor- erawewmwn poratio'.j, not assessed on the assessment roll of the town for real or personal property, opening a shop or commencing the business of a merchant or trader in the town after the assessment roll is made up by the assessors, shall pay to the town such a sum as the town council shall appoint, not exceeding the sum of twenty-five dollars for the first month or part of a month, and not exceeding the sum of ten dollars for each succeeding month or part of a month, that said person, firm, company, association or corporation shall keep said shop open or carry on said business in said town during the year. Said sum to be in lieu of taxes, and shall be collected from said person, firm, companj', association or corporation in the same manner and by the like means as herein provided for the collection of taxes. Deceased per- Boiih' taxeij. 121. With respect to taxes assessed and rated against a deceased person or against his estate, or against his executors or administrators, the town treasurer may issue his warrant and distrain the goods and chattels belonging to the estate of the deceased, or he may proceed against said executors or administrators for the amount of said taxes by suit, as for a debt due to the town by the said deceased or by the said executors or administrators. Assrssmcnt not prejuJitud. 122. No error, informality or irregularity on the part of the town council, the assessors, the court of appeal, the town clerk, or any of the other town officers, nor error or omission in giving the notices required by this Act to be given, shall affect or prejudice the validit)' of any general or individual assessment made, levied, collected, or distrained for in the town. The invalidity, irregularity or illegality of any individual rate or assessment shall not extend to or affect the validity of any general assessment or of any other individual rate or assessment. ii ,' ;;ainst the has been clerk, the , and any from the 8(1 against before his executors rl shall be ute a lien )n, or cor- the town mmencing \ after the ill pay to )point, not rst month im of ten jnth, that ,tion shall said town , and shall pciation or means as d against Tainst his may issue elonging against of said the said I'S. the part peal, the error or \.ct to be general istrained llegality nd to or of any 123. The failure to levy any poll-tax shall not affect Fa""" t" 'svyH or dimini!<h the validity or legality of any general assess-'"' ment made or levied in the town. 124. The council shall in each year convene a public ••»»>ii<"n««t'''K meeting of the ratepayers of the town, to be holden at such " '* »•»>•"• time, not later than one week previous to the election of councillors, and at such place, as the by-laws may designate, at which meeting the accounts of the year as audited shall be produced if called for; and the council shall, through the warden, report to the meeting the state and condition of the town, and the efficiency of the several departments, and shall recommend to the meeting any proposed improve- ments and alterations, and shall furnish an approximate estimate of the expenses of all kinds required to be incurred for the current year, including the county rates of the town for the coming year, and the amount required to be raised to defray the same, for which sum the incoming council shall assess, and shall also recommend any additional sum required to meet any contemplated extraordinary services or improvements ; and the ratepayers may, by a vote of the majority present, affirm or disallow such extra- ordinary expenditure, and in case of allowance by said meeting the council shall at their next meeting pass a by-law imposing a rate to meet such extraordinary expendi- ture so affirmed, or shall raise the required anjount by the issue of bonds or debentures of the town, and by assessment make provision for meeting the interest. STREETS. 125. All the public streets, roads, highways, lanes, Property vested sidewalks, bridges, squares and thoroughfares, all public'" sewers, drains and ditches, and all public wells in the town, are hereby vested absolutely in the town, and the council shall have full control over the same. 126. The council shall have power to maintain, improve, repair, widen, alter, divert, straighten, stop up, raise, sink, light and water the streets, roads, lanes, bridges, and public squares in the town, and shall have full power and authority to lay out, open, make and build all such new streets, roads, lanes, bridges, and public squares as the cjuncil shall deem necessary or expedient, and for the purposes aforesaid are authorized and empowered when necessary or expedient to enter into and take any land required, and to remove any buildings, projections, walla, fences or other things, or any portion thereof. 3 Powers of Council. 34 comperiMtion to 127. No propHetor, owner, occupant, or ottier person owiitH. interested in any way, or having any claim, rij^ht or property in any land adjacent to or bordering upon any street or lane within the town, shall ho entitled to any compensation froir, or be entitled or at liberty to maintain any action, prosecution or other proceeding, either at law or in e(iuity, againnt, the town or any ofKcer or servant thereof, or any person acting under the authority of the town or its otticers, by reason of any operations upon said stn-et having deprived suci» hind of lateral support; but the to'.vn and its superintendent of streets and street com- mittee, ami all persons acting under their authority, shall and may cut away and remove from the street, up to the extreme limit thereof, so much of the earth, stones and other material, as may be in their judgment necessary for the proper grading of the street, and may from time to time, and as often as may be necessary, remove from said street all earth, stones, or debris of any kind that may fall upon such street from the adjacent land. And the town or its otticers may from time to time, and as often as may be necessary, build up and raise the surface of the streets or any street within the town, to the extreme limit of such street or streets, provided that in all cases where the street is so raised a suitable retaining wall shall be built wholly upon the street, if the same sluall be necessary, to prevent debris from the street from falling upon the adjacent land. Opening new vtruet. Owners to be notitied. JV 128. When it is proposed by the town council to lay out or open a new street, rr.ad, lane or public square, or to widen, divert or straighten any street, road, or lane, the council shall cause a survey and plan of said street, road, Jane or square to be made, and the said plan when com- pleted shall be filed in the town clerk's oftice. 129. Befoie taking any land for a new street, road, lane or square, or for widening, diverting, straightening or improving any street, road or lane or for any public square, or removing any building, projection, wall, fence or other thing, the council shall notify the owner of said land, build- ing, projection, wall, fence or other thing, that the same is required by the town for the said street, road, lane or square, or that it is necessary to remove said building, projection, wall, fence or other thing, and in case they cannot agree upon a sum to be paid to the owner for the said land, or for the damage caused by the removal of said building, projection, wall or fence, the town council shall appoint one arbitrator and shall notify the owner thereof to appoint one arbitrator, and in case of his neglect or sr person rij^ht or ipon any d to any maintain er at law )r servant by of the upon said port; hut refct com- rity, shall up to the tones and essary for n time to from said t may fall 16 town or IS may be streets or it of such the street lilt wholly to prevent icent land. icil to lay ^lare, or to lane, the ,reet, road, hen com- reet, road, kening or Ilic square, or other Ind.build- le same is I, lane or bailding, [case they »r for the lal nf said Incil shall jr thereof leglect or refusal so to do for ten days after service of the said notice, the recorder or stipendiary magistrate shall appoint an arbitrator to act on behalf of the said owner, and the two arbitrators so appointed shall choose a third arbitrator. In case the said arbitratoi-s cannot a<»reo upf)n the third arbitrator he shall be appointed by the Chief Justice of the Supreme Court on the application of either party. The three arbitrators so appointed and chosen, or any two of them, havinj; h«!en Hist duly sworn to the faithful discharge of their dtuies l)efore the warden, stipendiary magistrate or a councillor, shall give notice to the person whose land it is proposed to take, or whove building, projecticm, wall, fence or other thing it is propose<l to remove, or to his agent, of the time and place whet) and where they will meet to appraise the said damages, and at the time and place so appointed they shall proceed to appraise the damages an<l award the sum to be paid to the owner of said land, build- ing, projection, wall, fence or other thing, anri shall make a return thereof to the town clerk within thirty days after their appointment. The award of the said arbitrators, or any two of them, shall be final and conclusive, and binding •on all parties interested, provided the town council decide to proceed with the .said work, and in case the town council decide to procee<i with said work, the town shall within six months thereafter pay to the owner thereof the sum awarded to him, and immediately upon the payment or tender of the sum so awarded, or upon payment thereof to the Piothonotary of the Supreme Court as hereinafter mentioned, the town shall be and be deemed the owner in fee simple of the said lands, and may then proceed to lay out ami open said street, or to remove said building, projec- tion, wall, fence or other thing. If the expenses and <lamages a()tpear to the council excessive when compared with the utility of the work, the council may suspend or abandon the undertaking at any time. 130, The arbitrators shall be freeholders, but shall not who to b* be interested in the lands proposed to be taken or in the ""^ " '^'' °"'" building, projection, wall, fence or any thing to be removed, nor in the lands lying along the street, road, lane or square proposed to be opelied or repaired, but they may be residents of tlie town, 131. In case tbe owner of the land which it rs proposed when owner not to take, or of the building, projection, wall, fence or other ''"'*'"'■ thing which it is proposed to remove, is not known, or in €ase there is a dispute as to the ownership of said land, the notices hereby required to be given to the owner may be i M Money may be puld into Court. ga given by advertisement in a newspaper published in the town, or if no newspaper is published in the town, then in such newspaper as the council shall order. 132. If there are any claims or incumbrances on the lands taken, or if the owner of the land is unknown, or if the person to whom compensation is awarded to be paid cannot be found, or if there is any dispute as to the owner- ship of said land, building, projection, wall, fence or other thing taken or removed, or as to the person to whom com- pensation should be paid for the taking or removal thereof, or if for any other reason the council deems it advisable, the council may pay the sum awarded by the arbitrators into the office of the Prothonotary of the Supreme Court of the county, and deliver to the t^rothonotarv a copy of the award, and the person or persons entitleJ thereto shall, on establishing his or their right thereto in the said court, be entitled to have the same paid over to him or them on order of the said court. Compensation to 133. The arbitrators shall receive such compensation arbitrators. j^ ^^ ^^^^ |^y ^j^g town 89 the couucil shall determine. 134. Whenever the council shall deem it to be necessary to the public health to construct a sewer upon or across the kind of any private person, or corporation, or number of persons, they shall have power after resolution to that effect and notice to the person or persons whose property is to be afFt'Cted, to enter upon such property from time to time and as often as may be necessary, and to do all such acts as may be necessary for the construction and repair of a suitable aewer or drain across such lands, which shall be at least four feet telow the surface, and shall be covered with earth and stones, and if the owner of such land shall claim that the same has been injured in consequence of such operations, he shall be entitled to such compensation as ma}' be agreed upon to be paid by the town, and in case the parties cannot agree the sum to be paid as such compensation shall be determined by arbitrators chosen as in section 129 defined, and all the provisions of the fivj next preceding sections shall be complied with so far as the «ame are applicable. 135. When a new street, road or lane is laid out, opened or dedicated, the proprietors of the land abutting on the said street shall build, erect and maintain fences along the line of said street opposite their respective lots. 13G. The council shall not lay out or open, nor accept the dedicat* m to the town of any street, road or lane of less Construction of Bewera. Erection of fences. Width of new street. 37 led in the n, then in es on the lown, or if be paid he owner- 5 or other ■horn com- al thereof, advisable, ■irbitrator» le Court of py of the » shall, on court, be m on order [ipensation mine. ; necessary : across the lumber of that effect ty is to be time and cts as may a suitable least four earth and that the ations, he )e agreed ,ies cannot shall be 1) defined, sections tlicable. laid out, abutting un fences iVe lots. lor accept ane of les» width than fifty feet ; nor shall any moneys or revenues of the town be paid out or expended on any street, road or lane of less width than fifty feet, nor unless the line thereof has been approved by the council, except on the streets, roads and lanes dedicated to or owned by the town previous to the passing of this Act, or on which at the date of the incorporation of the town statute labor had been performed or public moneys expended ; and no person shall lay out or open for public use or dedicate to the town any street, road or lane over and on his own property of less width than fifty feet nor until the line thereof has been approved by the council ; and the council are authrrized and empowered in their discr<^tion to wholly or partially close up and obstruct any street, road or lane of less width than fifty feet which may hereafter be laid out, opened or dedicated, or which has been heretofore laid out, opened or dedicated contrary to law. 137 The streets of the town and the expend iture8t'«ctexpondi. thereon shall be placed under the control of a committee of three councillors, to be annually chosen by the council, to be called the committee of streets, and the superintendent of streets shall be under the direction and control of the committee. 138. The council may appoint a superintendent of^uperinteuicnt streets, to hold office until his successor is appointed or° " "* until removed by a vote of the council. The superintendent shall be sworn before the warden, stipendiary magistrate or a councillor, to the faithful discharge of his duty. He shall give security in such sura as the council shall order, and shall receive such compensation as the council shall by resolution appoint. The duties of the superintendent shall be specially set out in the by-laws of the town. 139. All .sums of money required for the street service ■''♦'•«<'* 8ervic«of of the town shall be taken from and borne by the general revenues of the town. 140. Persons intending to build upon, or close to aintendinf line of a street, shall before digging the foundation, or "' "'^*" commencing the building, apply to the council to cause the line of the street to be defined and laid out, and shall defray the expenses of a survey, if necessary to hold one, and shall dig the foundation, and erect the building within the line; and if any person shall erect a building on the line of said street without making such application, and having the line so ascertained, or shall encroach on the street, he shall forfeit and pay a sum of not less than forty dollars nor 88 Incunitirnnres on stretU. Lhne not to be prepartid, etc. more than eighty doDara, and on non-payment thereof shall be imprisoned in the county jail for a period of not less than ten nor more than ninety days, and shall also remove the encroachment, or otherwise the council or their com- mittee of streets may cause the same to be removed at the expense of the said person, or take the steps allowed by law in case of nuisances. 141. No person shall pile, deposit, or place on any road, street, lane, river l)ank, or other public place of the town, any manure, compost, earth, wood, lumber or other substance or mateiial whatsoever, under a penalty of not exceedinjf ten dollars for each oft'enee, and in default of payment thereof to imprisonment in the county jail for a period not exceeding thirty days ; and every twenty-four hours that such manure, compost, earth, wood, lumber or other sub- stance or material shall remain piled, deposited or placed on any road, street, lane or other public place of the town, shall be held to be and shall be a separate offence. 142. No person shall slack, riddle, mix with sand or otherwise prepare lime in any of the roads, streets or lanes or other public place of the town, unless by written per- mission from the superintendent or committee of streets, under a penalty not exceeding ten dollars for each offence, and in default of payment thereof shall be imprisoned in the county jail for a period not exceeding thirt}' days, provided that any person building or repairing a house or other building in the town may be permitted to use and occupy ten feet in width from the line of the street toward the centre, to extend the length of the house or building so being erected or repaired, for thp purpose of piling lumber, stone, brick, sand or lime, and for mixing lime and sand, or doing such other work as may be necessary for the erection or repair of such house or building so being erected or repaired ; such portion of the street so used and occupied to be enclosed by a substantial fence erected by the person so building or repairing as aforesaid, such parties also to provide a suitable path or sidewalk at least two and one- half feet in width around such fence, and keep the same lighted. Persons so building or repairing may be permitted to use said portion of the street as long as to the superin- tendent or committee of streets shall seem necessary. ■\v Sfdewitlka cleared from siiow. 143. Within such portions of the town as the council shall by by-law ordain, the occupiers, owners or persons in charge of houses, stores, lots and pieces of land, shall bo bound after every fall of snow to clear away the snow from the sidewalks and gutters of their respective premises, within four hours after it shall have ceased falling (always provided that the same be during daylight), under a penalty of not less than one, or more than five dollars, on such person who neglects or omits so to do, unless excused by the superintendent of streets ; and when the time of snow ceasing to fall shall be at night, such occupiers, owners or persons in charge shall be bound under the like penalty to remove the snow as aforesaid within four hours after the beginning of daylight on the following day. Any person convicted of the said offence who shall not pay the fine forthwith, may be imprisoned in the jail or lock-up for a period not exceeding thirty days. 144. No person shall encumber or obstruct a free Passaircs not to passage through any street, road, lane, alley, thoroughfare, "^ ° " ™'' • sidewalk or path of the town, by exposing for sale, unpack- ing or suffering to remain upon any street, road, lane, alley or thoroughfare, or upon the sidewalk or footpath thereof, any lumber, iron, coal, trunk, bale, crate, package or other article or thing for more than two hours, or leave any such articles at night on the street, road, lane, thoroughfare or path, or sidewalk, after six o'clock, under a penalty of not less than one dollar, nor more than ten dollars, or imprison- ment in the jail or lock-up for not more than thirty days ; and the continuance of any such obstruction for one hour after notice given by the warden or a councillor or any policeu)an or constable to remove the same, shall be deemed a new offence, and for everv hour it is continued he shall be liable to an additional fine. 145. Any person who shall designedly and uineces- J*.'^^*«'|^^.^°* [ouncil jons in lall bo from sarily drive any carriage, sleigh, sled, cart, or bicycle, or ride, walks. on a side-path, or obstruct any sidewalk, or leave standing thereon an3' carriage, cait, sleigh, or sled or horse, or roll or place any heavy articles on the same to the injury or obstruction of the sidewalk, shall for every offence forfeit not less than one dollar nor more than ten dollars, and on non-payment thereof shall be imprisoned in the jail or lock-up for a period not exceeding thirty days. 146. No person shall break up the soil of any street street not to ta without first making application to the committee of streets '"^°''®" "P- in writing, specifying the purpose for which such breaking up is required, and obtaining their permission therefor in • , writing; and the ''jmmittee may impose such terms upon the person applying as the security of passengers shall appear to them to require ; any person acting contrary to w Pafwcni;er8 not tobeobHtructed. fii 10 this section or to terms imposed by the committee, shall for every offence forfeit a sum not exceeding^ twenty Hollars, and on non-payment thereof shall be imprisoned in the jail or lock-up for a period not exceeding sixty days. 147. Persons shall not stand, walk, or march in a group or near to each other on any sidewalk, crossing or bridge so as to obstruct a free passage for foot passengers, or march in procession on any sidewalk or crossing, under a penalty of not more than ten dollars on each person so - offending, and on non-payment thereof to imprisonment in the jail or lock-up for a period not exceeding thirty days, and any person or persons refusing or neglecting after the request of the warden, any councillor, policeman, constable, '■■ or watchman, to remove and not obstruct such sidewalk, crossing or bridge, shall be deen)ed to have committed the above offences, and shall be liable to the penalty. streets not to be 148. Persous shall not stand in a group or near to each other on any street, lane, highway or thoroughfare so as to obstruct a free passage for foot passengers, carriages or vehicles, under a penalty of not more than ten dollars on each person so offending, and on non-payment thereof to imprisonment in the jail or lock-up for a period not exceed- ing thirty days, and any person or persons refusing or neglecting after the request of the warden, any councillor, policeman, constable, or watchman, to remove and not obstruct such street, lane, highway or thoroughfare, shall be deemed to have committed the above offences, and shall be liable to the penalty. Not to throw stones, etc. rnnstinn on streets. 149. No person shall play ball, or throw a ball, stone or snow-ball, or other missile likely to injure any person or property, in or over any street or public place, nor throw any substance against any dwelling house or private or public builJing, or into any private grounds, with the intention to injure the same or disturb the inmates thereof, nor write or cause to be written or portrayed any obscene word or figure, or make any obscene characters upon any fence or building or any public place, under a penalty not exceeding twenty dollars, or in default of payment thereof of impiisonment in the jail or lock-up for a period not exceec'ing thirty days. 150. No person shall course or coast upon a sled in any street, road, lane, or thoroughfare, or over any sidewalk of the town. Every person offending against the provisions of this section shall forfeit and pay a sum not exceeding ten dollars for each oflfence, and on non-payftient thereof shall for dollars, the jail ch in a ssinj; or 5sengers, w, under erson so unent in rty days, ifter the onstable, iidewalk, itted the r to each ! so as to riages or ollars on lereof to t exceed- using or juncillor, and not shall V)e shall be ill, stone )erson or »r throw ivate or iith the thereof, obscene |pon any ilty not thereof [iod not in any ,'alk of )vi8ion3 Iceeding thereof shall be imprisoned in the jail or lock-up for a period not exceeding thirty days; and all sleds or sleighs found in use coasting down the hill or about to be so used, shall be seized by any policeman, constable, or watchman, and the same shall be and become forfeited to the town. 151. No person shall ride or drive any horse, team or Disorderly driv- vehicle at full speed, or in a furious, reckless, violent or'"*''**"" disorderly manner, or shall engage in any racing of horses in any public street or highway, or in any public place in the town, under a penalty on conviction thereof of not more than thirty dollars, or in default of payment imprisonment for a term not exceeding thirty days in the county jail. Any person found violating this section may on view be forthwith arrested by any policeman or constable, or other town officer, and lodged in the lock-up or jail until brought before the stipendiary magistrate. 152. The owner or occupier of every lot abutting on Lots to he any street, lane, road, or other highway within the town,'*"^ "" shall fence in the same within ten days after receiving notice to that effect from the town clerk, and shall keep and maintain such fence in perfect repair to the satisfaction of the street committee. Every such fence shall be board, picket or stone fence, or such other material as may be approved of by the street committee, and shall be sufficient to protect the street from all nuisance or inconvenience. Any person violating the provisions of this section shall forfeit and pay a penalty not exceeding fifty dollars for each offence, and in default of payment the offender shall be imprisoned for a period not to exceed three months in the county jail, and the owner and occupier shall both be deemed to be guilt}' of violation of such provision, and shall be liable to such penalty and imprisonment, provided notice has been given as aforesaid, and such fence has not been erected or maintained as herein directed, and whenever it would in the opinion of the street committee be dangerous to leave such property unfenced for the period of ten days as herein provided, the street committee may cause the said fence to be erected or repaired, and charge the expense of so doing to the owner or occupier of said lot, and the same may be collected from said person in an action at the suit of the town with costs. 153. No person shall move buildings upon or over aMovinsr public street without permission first obtained from the '*"'''''"**• council, and payment of such sura for the privilege as the council shall determine, and any person offending against SH Drains and sewers. Notice before action. Appointment of firewards. 48 the provisions of this section shall be liable to a penalty of not more than twenty dollars, and in default of payment, imprisonment for a period not longer than twenty days. 154. The town council shall have power and authoritj' to lay out, excavate, dig, make, build, maintain, repair and improve all such drains, sewers and watercourses as the council shall deem necessary or expedient, and to make by-laws and regulations respecting the same, and for the purpose of protecting and keeping the same free. 1.55. No action shall be commenced against the town or the committee of streets, or against the superintendent of streets, or persons acting under them or him, until thirty days* notice in writing shall be given to them or him, nor unless the same be commenced within six months after the act complained of was committed, and every such action shall be laid and tried in the county in which the town is situate. FIRES AND FIREWARDS. 156. The council shall annually appoint such number of firewards, not exceeding six, as they shall deem necessary*, who shall be sworn to the faithful discharge of their duties, and shall have suitable badges of office assigned and provided for them by the council. Fireward'8 duty. 157. Upon the break out of a fire the firewards, taking their badges with them, shall forthwith proceed to the place of the fire and use their utmost endeavors to extinguish and prevent the spreading of the fire, and to preserve and secure the property of the inhabitants, and any fireward may command the assistance of the inhabitants, or of any person present thereat, in extinguishing said fire and removing any property out of any building actually on fire, or in danger thereof, and may appoint guards to secure and take charge of the same, and may command assistance for the pulling down of buildings or for other services relating thereto, and due obedience shall be yielded to their commands lawfully made at such fire, and any person disobeying such orders or commands shall for each such offence be fined not more than ten dollars, and in default of payment thereof be imprisoned in the county jail for not more than twenty days. Who to break 158. No person other than a fireward, or a person open buildings, fchereto Commanded by a fireward, shall break open any building, or attempt to pull down the same, unless with the consent of the owner of such building, provided, however, alty of yinent, days. thoritj* lair and as the make for the le town tendent 11 thirty im, nor iter the 1 action town is number jcessary, r duties, led and , taking |he place ish and Id secure ,rd may person ins any danger charge pulling to, and wfully orders t more reof be twenty person len any }ith the )wever, o( flrewarda. that any fireward present at a fire may order any building, fence or other erection to be pulled down or blown up or otherwise destroyed, to prevent the spread of the conflagration, and no person acting within the scope of such order shall be liable to any suit, action or proceeding at law for such acts. 159. Upon the occurrence of a fire in the town the T"*" firewards present thereat, or a majority of them, may direct any building to be pulled down if in their judgment the doing so will tend to prevent the further spreading of the fire, and if the pulling down of such building shall have the effect of stopping the fire or the fire shall stop before it comes to the same, the owner of such building shall receive ' payment therefor out of the funds of the town by making application to the council, who, if satisfied of the justice of the claim, shall make an order for the valuation of the same, whereupon the council shall appoint three disinterested parties who shall be sworn to make a valuation of the damage sustained by such applicant, and the sum found by the award of such arbitrators or any two of them shall be a charge upon the revenues of the town, and shall be included in the next annual assessment and'paid over to the party entitled thereto within three months after the levying of the assessment. 160. All fire companies and protection companies now Fire and Prouc organized in the town shall be subject to the control of the""" c<>'"P»n'««- town council, save that the said companies shall have power to make all such rules, regulations and by-laws for the internal economy and government thereof, and the election of their own members and officers, and the town council shall have power to organize, dissolve or disband companies for the extinguishing of fires or preservation and protection of property thereat, and to establish and ordain rules and regulations for the government of companies so organized, and all such companies, whether voluntary companies or companies organized under the power herein contained, shall during the actual progress of a fire be subject to the exclusive and absolute control of the firewards, provided that the orders and commands of such firewards shall be communicated to the company through the principal officer of such company present at such fire. IGl. Notwithstanding anything hereinbefore contained. May elect thoir the council may appoint an engineer for the operating of""*"* any fire engine or otfier machine belonging to the tr wn used for the purpose of extinguishing fires, who shall during m Thitic* of Are- men. *i Officers to have what powers. Fire oonbtables. Chimney ers. gweep' 44 the continuance of the fire be subject to the orders and conimands of the fire wards. 162. Upon an alarm of fire the firemen shall at once proceed to the place of depo.sit of the implements used for the purpose of extinguishing fires, and bring them to the place where the fire shall have been discovered, and shall then diligently use the same under the direction of the firewards in such way as may be deemed most useful for extinguishing the tire. 1G3. The captain of the company, or in his absence the next highest oflicer, shall have the power of a fireward in commanding assistance in taking the said implements and machinery to or from any fire, and a like penalty shall attach to disobedience of orders, lawfully given, as to those of a fireward. ' ■ 1G4. The town council may appoint as many fire con- stables as they may deem neces.sary, who shall be sworn into ofiice, and shall at the time of fires, with suitable badges to be provided for them by the council, attend at the fire and act under the direction of the firewards in subduing the fire, keeping order and preventing thefts, and policemen shall perform at fires the same duties, and possess the same powers as are hereby imposed and con- ferred upon fire constables. 165. The town council may on application appoint and license chimney sweepers.and may from time to time regulate the fees chargeable for their services, and any chimney sweeper so appointed and licensed who shall refuse to per- form his duties or render his services when called upon so to do by any ratepayer, or shall neglect to do so for an unreasonable time after being so called upon, or who for such services shall charge or accept a fee or reward greater than the sum allowed by such regulations, shall upon summary conviction thereof before the stipendiary magis- trate forfeit not more than ten dollars, and in default thereof be imprisoned for a term not less than twenty days. Employment engineer. WATERWORKS. of 1G6. The town council are hereby authorized and empowered to employ a competent engineer to make surveys and plans of the streets within the town, showing the surface of the streets as existing and the permanent levels to be thereafter made, which levels when approved by the town council shall be and remain the permanent levels, 45 id and urveys ifl the levels by the levels, and the plans shall be filed in the office of the town clerk ' . • as public records of the same. The engineer shall also make a survey and prepare plans and specifications, with an estimate of the cost of introducing a water supply and constructing the sewerage or drainage works, or either of them referred to in the immediately following sections. The cost of said surveys, plans, specifications and estimates, shall be added to and included in the general assessment of the town, with the proviso that in the event of the said water works and sewerage works being approved at the public meeting to be called for the purpose, the expense of the survey, plans, specifications and estimates for the same shall be and form part of the preliminary expenses con- nected with the construction of water and sewerage works. 167. The town council are hereby authorized and ^^^l"^^ ^" empowered, upon a vote of the majority of the rate-payers who are assessed upon property within the limits herein- after mentioned, and who are present and vote at a public meeting of the said rate-payers to be called for that purpose, after at least ten days' notice has been given of the time and place of said meeting by advertisement in a newspaper published in the town, and by notice posted in seven con- spicuous places in the town, to provide for the town a good and sufficient supply of water for fire, domestic and other purposes, and in order to obtain such supply, to construct such works, to lay such, pipes, and do all such things as may be necessary to obtain an efficient supply of water for said purposes ; and also to construct an efficient system of sewer- age or drainage works, or either of them, for the town ; and also to provide hose reels, hose and other necessary appur- tenances for the complete equipment of the tire department; and are also authorized and empowered, on the vote as aforesaid, to issue debentures not exceeding in the whole the sum of twenty-five thousand dollars in the form in schedule K, under the hands of the warden and any two or more of the councillors, and under the seal of the town and countersigned by the town clerk, for the purpose of raising the necessary funds to carry out these objects. The regularity of any of the proceedings necessary to precede the issue of said debentures shall not be questioned or dis- puted after such debentures shall have been issued. In the event of a majority of said meeting not being in favor of said resolutions, the town council shall be at liberty to call fresh meetings for such purpose until a vote of the rate- payers is obtained authorising the town council to proceed ■with the construction of the said water and sewerage works ; but intervals of six months shall elapse between the holding of any two meetings. 4G turt'«> P^j^l^nementof 168. The council shall have power to postpone any ** "*■ meeting called to a time and place to be named in the notice of such po-stponcment, and the postponed meeting shall be advertised at least for the same space of time and in the same way as the calling of a meeting is required to be advertised. debcn' ICO. Such debentures shall not be issued for a less sum than one hundred dollars each, and shall bear interest at a rate not exceeding six per cent, per annum, payable half yearly, and shall be redeemable at a period to be expressed in such debentures, not exceeding twenty years from the issuing thereof ; such debentures shall be made payable to the bearer and may be redeemed by the town at any time after the expiration of five years from the date thereof upon giving six months* notice in a newspaper circulated in the town, and such debentures shall be free from muni* eipal taxation, ''nT'd**' *"*'^ ''^^^' For the purpose of obtaining the said supply of water, the town council are authorized and empowered to enter upon all lands within the limits of the town of Kentville, and upon all lands in the county of Kings outside the limits of the town of Kentville, and to enter upon the bed of the Kentville brook, and upon the bed of any other river, lake, brook, or .stream whatsoever in the county of Kings, and to build and erect dams, reservoirs or other works wherever necessary, and to cause the water to overflow the land bordering on the said Kentville brook, or on such river, lake, brook or stream, and to take from the said brook, or from such river, lake, brook or stream such quantity or quantities of water as may be required, and in the construc- tion, building or repairing of any dams or reservoirs, and in the laying down, construction, repairing or alteration of any main or service pipe or other structure under the provisions of this Act, the warden, councillors, or any or either of them, and their engineer, superintendent, servants or workmen shall have full power, and they are hereby authorized from time to time as occasion may require, to enter upon any lands or tenements, inhabited or uninhabited, both within the .said town or outside of the same, and may remain thereon as long as they may deem requisite for the proper execution of the work or otherwise, and make all such excavations on the premises as may bo expedient, and take up and remove any floors, timbers, planks, walls, fences or erections whatsoever, doing no unnecessary damage to the same, and carefully replacing the same as far as can be 6n. the requisite work being performed. 47 . 171. It shall be lawful for the town council from time ^<^» ««»y ^ to time for the purposes of this Act, and for the repairs of any of the works constructed thereunder, to open the roadn, streets, and highways within the town, and those outside the town when necessary, and to keep any such road, street, or highway open for such reasonable time as may be neces- sary, and to cause such reservoirs, tanks, fountains, hydrants, leaders, pipes and tubes to be laid and placed on and under said roads, streets, and highways as may be necessary and proper, the said town council closing up, repairing and making good such roads, streets, and highways ; and said town shall continue to be the owner of all such reservoirs, tanks, fountains, hydrants, leaders, pipes and tubes, and other works which may from time to time be constructed under the authority of this Act, notwithstanding'that the same may be built or laid upon in any highway or other property not belonging to thft town. 172. Whenever it shall be necessary for the securing™© io\anA, the necessary supply of water, the laying down or placing of any reservoirs, tanks, fountains, pipes, leaders, or tubes, or for any purpose whatsoever under this Act, that the town should be invested with the title or possession of or in any lots or parcels of lands and premises situate anywhere either in the town or outside the corporation limits, it shall and may be lawful for the council, in case they cannot agree with the proprietors of such lands respectively for the sale or lease thereof as may be required, to give notice in writing to the party whose lands are intended to be taken, or to his agent, that the said lands are required for the purposes of the town under this Act, and shall request the party whose land it is proposed to take or occupy to appoint one arbitrator, and the council shall appoint one arbitrator, and the two so chosen shall appoint a third arbitrator, and the arbitrators so appointed shall proceed to determine the damages (if any) and award the same to be paid to the owner or occupier as the case may be, whose award or the award of any two of them, shall be final and conclusive, provided the town council decide to take such lands, and thereupon the town shall pay and satisfy within six months to those entitled to receive the same, the full amount of such award or valuation^ and immediately upon the pay- ment or tender of the sum awarded as aforesaid to the owners, or in case of dispute, to such parties as the court or a judge shall direct, the town shall be and be deemed the rightful purchasers and owners in fee simple of such lot or parcel of land, with the appurtenances, if the said award be for the purchase thereof , or otherwise the tenant thereof for rrr 48 such term an in such award set forth ; and in case the proprietor of such lands negk'cts or refuses to appoint an arbitrator within thirty days after due notice as aforesaid, or in case the proprietor cannot be found, or is absetft and has no known agent residing in the province, a judge of the Supreme Court may appoint such arbitrator, who shall be disinterested and not a resident of Kentville. If the town council have reason to fear any claims or incumbrances, or if any party to whom compensation is payable cannot be found, or is unknown, or if for any other reason the council deems it advisable, the council may pay such compensation into the office of the prothonotary of the supreme court for the county of Kings, with the interest thereon for six months, and may deliver to the piothonotary aforesaid a copy of the award, and such award or a certified copy thereof shall thereafter be deemed to be the title of the town to the property therein mentioned. Dttmaiteg iettied 173. In the event of any damage being done in the by Mbitretion. gxccution of the work, the party sustaining such damage shall be entitled to receive such compensation as shall be mutually agreed upon, and in case no such agreement can be made, at the request, in writing, of such party, arbitrators shall be elected and appointed as provided for in section 172 of this Act, to assess the damages to be paid to the party entitled thereto, whose award, or the award of any two of them, shall be final and binding upon the parties, and the amount so assessed shall be paid within six months there- after. The cost of such inquest shall be taxed or allowed by the judge of the county court at the same rate as in cases of ordinary inquest before sheriffs, and shall be equally borne by the town and the complainant, whose moiety thereof shall be deducted and retained out of the amount of damages assessed. Service pines, how earned. 174. The service pipes for water supply to house.", buildings, or establishments, which are to be supplied with water under this Act, shall be carried from the main to the side line of the street at the expense of the town when requested by notice in writing from the owner of any house or building opposite to which a main is laid, and all beyond that distance at the expense of the owner or lease-holder for life or term exceeding five years of the premises so supplied. Waterworks ex- 175. The town council may from time to time, at such *'"***^' time^ as they may deem expedient, improve, extend or enlarge the water works of the town, or make repairs, lay new pipes, and do all thingH necessary to afford a sufficient supply of water. houses, ed with to the when house beyond j-holder at such tend or lirs, lay 17(). The moneys accruinjj from the annual income of .^"""*""'^'"«' the water supply from whatever source, shall he appro- ntwi. priated and applied in the first place to discharge the current expenses incurred in the execution of the requirement!" of this Act, and in the next place toward the payment of the half yearly interest of the debentures issued under the authority of this Act, and in case the whole income shall not he sufficient for the purposes before mentioned, the deficiency shall be made good and stippliod by an anntial assessment on the real and personal property- in that portion of the town lying within the following limits : Commencinjj at the Cornwallis river at the nortli-east corner of lands owner by Herbert Dennison, thence southerly by Herbert Dennison's east line to railway crossing, thence crossing the post road to north-west corner of lands owned and occupied by Judge Blanchard, thence southerly by Judge Blanchard's west line until a point opposite and in a line with the south line of J. W. Ryan's land is reached, thence in a south- easterly direction and in a direct line to the south-west corner of lands owned and occupied by H'>nry Lovett, thence by Henry Lovett's south line to tin Kentville brook, thence northerly by said* brook to M nnie's dam, thence across the dam and by William Craven s south line to the Canaan road, thence easterly across lands of William Eaton and in a direct line to Thomas Taylor's south line, thence by said south line to the south-east corner of said Taylor's land, thence northerly by Taylor's east line to the post road, thence crossing the road to the south-west corner of " Oak Cemetery," thence northerly by west line of " Oak Cemetery" and by the west line of John Tully's dyked lands to the Corn wal lis river, thence westerly by said Cornwallis river to the place of beginning. The town council may amend, alter or vary the said limits so as to provide that the property to be assessed under this section, shall be as far as practicable within the area served by and receiving benefit and protection from the water or drainage or sewerage system, or either of them, such amendment, alteration or variation shall not come into eflfect however until approved by the Governor-in-Council. A careful estimate of the amount or sum of money which may be required to make good such deficiency shall be made in each year, and shall be assessed by the council on the said property, and the said rates shall be collected in the same manner as other rates of the town are collected. J'i.jliC /. niV''?o l: Nova Scotia m AiMesgment for water supply. Council may make by-law*. 60 177. The assessors of the town, when making np the assessment roll, shall set down in a separate column the value of the property lying within the said limits liable to be taxed for the purposes of this Act. 178. The council shall have full power to make such by-laws, rules, and regulations as they shall deem requisite or necessary for regulating the supply of water, and the payment and collection of water rates and assessments, and the manner and form of issuing warrants therefor, and for preventing any person supplied with water from wasting, vending, or improperly disposing of the same, and also regarding every matter or thing which may be necessary or expedient to regulate or direct the carrying out of the ptrr- poses of this Act, and in order to secure to the inhabitants of the town a continued and abundant supply of pure water, and to prevent frauds being practised, and may enforce observance of such rules, regulations, and by-laws, by attaching penalties thereto, not to exceed in any one case the sum of forty dollars, or three month*' imprison- ment with labor in the county jail, which maybe recovered in the police court of the town, in the name of the town, from which there shall be no appeal. Said by-laws, when approved of by the Governor-in-Council, shall have the force of law, and shall a»d may be acted upon as though forming part of this Act. The production of a copy of said by-laws purporting to be certified under the hands of the warden and town clerk, and the seal of the town, shall be sufficient proof thereof in any court of justice. Kcritville Muni- cipal Court. Recorder and Stipendiary Magistrate. COURTS AND POLICE, 17C. There shall be in the town a municipal court for the trial of civil cause.^, to be called the Municipal Court of Kentville, and to be presided over by the recorder. 180. The town council shall appoint a suitable person to be recorder and stipendiary magistrate of the town, who shall hold office during good behaviour. He shall be a barrister of the Supreme Court of Nova Scotia of at least two years' standing, and shall be a justice of the peace of the county of Kings. The recorder shall, before entering upon the duties of his office, be sworn before the warden ov a councillor to well, truly, and faithfully t»> the best of his ability perform the duties of his office. The town council may appoint a barrister of like standing to act as deputy of the recorder and stipendiary magistrate, and to perform his duties in the event of his temporary absence from the town 61 or of his incapacity through sickness, interest, or otherwise, and the person so appointed shall during his absence or incapacity perform the duties of recorder and stipendiary magistrate within the town. 181. The town clerk shall be clerk of the municipal oierk ot Uouri. court. 182. The municipal court shall have jurisdiction, 'uriwUctionoi cognizance and power to try and determine in a summary ""^ way, without a jury, all civil actions or dealings ex con^ tractu in which the cause of action does not exceed eighty dollars, or where there is a balance not exceeding eighty dollars upon accounts stated and settled previous to suit, and all such civil causes where the amount originally due has been reduced to eighty dollars or less by payment of cash, and when the defendant shall prove a set-off of equal or greater amount than the plaintiff has proved, may give judgment in favor of the defendant for his costs, or for the balance found to be due him, as the case may be, provided said balance does not exceed eighty dollars, and shall also have jurisdiction, cognizance and power to try and determine in manner aforesaid all suits in name of the'town as plaintiff for the recovery of rates and taxes payable to the town ■whatever the amount thereof may be, and shall also have, possess and exercise all the power and jurisdiction in civil matters conferred upon one or two justices of the peace, or upon stipendiary magistrates by any law now in force in the province of Nova Scotia ; and shall have power to issue process into, and have the same served in any part of the province by any constable of the town or county in which the process is served, and such service shall in all cases 1)0 made to appear by oath or affidavit of the officer serving the same, made before any justice of the peace, stipendiary magistrate, clerk of the municipal court or recorder residing in the county in which said process is served, 183. Sul*^^s may be brought in the municipal court in snitstiroughtMir the name of the town as plaintiff for the I'ecovery of rates '* ** and taxes payable to the town, in the same manner as other suits, and in case judgment shall be entered for the plaintiff, a certificate thereof in the form in schedule M to this Act> may be given, signed by the town clerk, which certificate shall be recorded by the registrar of deeds on payment of a fee of twenty cents in like manner as other judgments are recorded, and such certificate when so recorded shall operate as a lien upon the real estate of the defendant within the county in which the same is recorded i and after the period IS Writs, by whom prvparbd. Kxcltisive juris diction, Procfss used by Court. Particular! RC'tion, o( of twelve months from the date of such registry, the plaintiff may advertise and sell the said real estate or any part thereof, first having given notice thereof by advertise- ment in a paper published in the town, if any, and by posters for three weeks, and after such sale the plaintiff shall give a conveyance of the interest of the defendant in such land to the purchaser thereof, which conveyance shall pass all the right, title and interest of the defendant in the said lands at the time of the recording of such judgment to the purchaser. 184. All writs of summons, capias, execution and subpcena issued out of the municipal court, shall be prepared by the town clerk or his deputy, and sealed with the seal of the municipal court, and may be directed to any constable of the town or county where the same are to be served or executed. Writs of summons and capias issued out of the municipal court may be made returnable on any day other than Sunday or a holiday, and shall be served on the defendant at least five days before the day of trial when served within the county in which the town i?> situate, and at least ten days before the day of trial when served out.side of the said coiinfy, provided tlmt when a writ of summons has been served the requisite number of days before the trial a writ of capias in the same cause may be served and executed at any time before the trial. 185, The municipal court in respect to all matters and causes over which the said court has jurisdiction conferred upon it by this Act„where the cause of action arose within the town and where the defendant resides within the tDwn^ shall have exclusive jurisdiction, and no suit or action respecting such matters or causes of action shall be brought in any other court than the municipal court, or before any justice or justices of the peace, except that nothing herein contained shall abridge or in any way interfere with the jurisdiction whether original or appellate of the supreme court or county court. 18G. The municipal court shall use as its process writ of summons, capias, execution and subpcena in the forms in the schedule to this Act contained, and such other forms as the recorder may order. Where forms are prescribed slight alterations therefrom not atlecting the substance nor calculated to mislead shall not vitiate them. 187. When a party applies to have a writ of summons or capias issued out of the municipal court, le shall file a statement in writing containing the particulsra of bis cause 53 itty, tfie ! or any dvertise- and by plaintiff ndant in nee .shall nt in the ginent to bion and prepared 1 the seal constable served or rut of the lay other d on the rial when uate, and jd outside summons jefore the trved and Lttefj and conferred se within the tDwn, action brought or ig tore any herein with the supreme jceas writ forms in forms as jed slii^ht ance nor summons lall Hie a bis cause of action on which the writ is to issue and the cause i<» to be tried, with as many copies of the same as there are defendants, in order that a copy of such particulars may be attached to every copy of the writ to be served on the defendants. 188. Every action shall be commenced by writ of ^•'"f"- ^"\* summons or capias. Ihe copy of every summons or capias eerved on the defendant shall have annexed thereto or endorsed thereon a copy of the particulars of the plaintiff's claim or cause of action, and a notice signed by the clerk stating that if the defendant does not appear and file his grounds of defence and the particulars of his set-off, if any, with the clerk, and serve the same on the attorney of the plaintiff, if named in the wiit, or at the address of the plaintiff, if any such address be named in the writ, at least forty-«ij(ht hours before the time named in the writ for the trial, the plaintiff shall be entitled to judgment for the amount claimed in his particulars, with costs. 189. Where there are two or more defendants residing concurrent «ritt in two or more different counties concurrent writs of summons or capias may be issued. or more Action against d. rt . st'veral dt'teud- itierentantg. 190. Where an action is brought against two defendants and they reside in two or more counties, or one or more of such defendants cannot be found, one or more of euch defendants mcv be served with process, and the action may be proceeded with against such defendant or defendant as have been served, and judgment may l»e entered up against the defendant or defendants so served. 191. The municipal cojirt shall sit for the trial of f?"'>ft, when to causes on every Friday (holidays excepted) and such other days as the recorder shall from time to time appoint, com- mencing at 8uch hour as the recorder shall by rule published in one or more newspapers in the town, if any, appoint, and may sit by adjournment from day to day until all the causes on the docket for trial are disposed of. 192. All matters of defence to any suit in the muni- Matters of de- cipal court shall be wet out in writing, briefly stating the '^"°^' several grounds thereof, and entitled in the cause, or indicating in some sufficient manner the cause to which it refers, and shall be signed by the defendant or his attorney, and where there is matter of set-off pleaded the same shall contain full particulars thereof, and the said defence and set-off shall be filed with the clerk of the court at least 51 forty-eight hours before the time named in the writ for the trial of the cause, and shall also within the like period be served on the attorney of the plaintiff if named in the ' wit of summon?, or at the address of the plaintiff if such acdress be named in the summons. whennortefenre 193. "Where the defendant fails to file his grounds of mod. judgmunt. jjefengg and set-off with the clerk within the time named in the notice endorsed on the summons or capias, and it is made to appear by the oath or affidavit of the constable or officer who served the writ that the defendant had been duly served with a copy of the summons or capias a sufficient number of days beft)re the day of trial, the plaintiff shall be entitled to final judgment for the amount of his particulars with costs A^ithout proof of his claim^ provided, however, that the recorder may, on good cause, shown or sworn to by affidavit in open court, and on such terms as he may deem right, allow the defendant to file and serve his grounds of defence and set-off after the tiave allowed therefor has expired. .Tudjin.cnts, how 194. All judgments in said court and judgments on tnteied behalf of the town for taxes, as otherwise provided for in this Act, shall be entered up by the clerk and signed by the recorder. Money paid into 195. If the defendant pleads a tender before action he shall pay the money to the cleik when he files his grounds of defence, and if on the trial of the cause it appears that the defendant tendered the money to the plaintiff before action, and the same was sufficient to satisfy the plaintiff's claim, the defendant hhall be entitled to judgment for his costs, which shall be deducted fVom the amount paid into court or may be recovered from the plaintiff by execution. MofHj tobe de- 196. Where the defendant pays money into court and rtuutud. ^|jg judgment is for the plaintiti", the amount paid into court shall be deducted from the amount due the plaintiff, and the judgment shall be entered up for the balance due the plaintiff and costs. Jud)$inents to bear interest. 197. Judgments in the municipal court shall bear interest from the date of judgment at six per cent, per annum. Not to bo quashed, etc. 198. No judgment or other proceeding had or made concerning any matter or thing in the municipal court shall be quashed, vacated, or aet aside for any matter of form. 199. Where a judgment is entered against two or more Exception, how joint debtors, execution issued thereon may be levied on the joint or separate property of the defendants, and on the person of any one or more of the defendants. 200. Where a defendant keeps concealed in order to ^'h«'"e <''''«";|- . , . . . - ^ ,. , , ant u concealed. avoid service of a writ of summons the same may be served by the constable leaving the same at the place of residence of defendant, and the same shall be deemed sufficient service if the constable makinj; the service shall make affidavit that he attempted to eft'ect service thereof on the defendant, and that he was unable to effect personal service on account of the defendant keeping himself concealed in order to avoid service of the summons on him. 201. Execution may be issued in the form in the Execution as in schedule to this Act, upon such judgment at any time within five years after the signing thereof, and alias and pluries executions may be issued. 202. It shall be lawful for the recorder, upon 8uch^^*5=^''»"t'*hpn terms as to costs or otherwise as he may think fit, at any time within one j'ear after final judgment, to let in the defendant in any action to defend the same, upon an appli- cation supported by satisfactory affidavits accounting for non-appearance, and disclosing a defence upon the merits with the particular grounds thereof ; and affidavits shall be received in reply unless the recorder shall otherwise order. 203. The clerk shall make out a list of the causes for i-^^^t^o' causes for trial in each sittings, placing the causes on the said list in the order of the issue of the writs, and the causes shall be tried in the order in which they stand on the said list, unless the recorder shall otherwise order. The list shall only be called once during each term. The recorder may, however, in his discretion continue a cause to such other term as he shall name, or may set down a cause for trial for a certain day. 204. The continuance of a cause to another sitting shall continuance, not be granted at the instance of the plaintiff' or defendant, °*'*""' unless upon an affidavit stating some reasonable and sub- stantial reason for the continuance, and the affidavit on the part of the plaintiff shall aver a good cause of action, and that on the part of the defendant shall aver a good and substantial defence on the merits, and the recorder shall be at liberty to impose such terms in the rule for a con- tinuance as he shall deem just. II Court may ad journ. ^0 205. Whenever, by reason of sickness or unavoidable absence, the recorder cannot attend on the day the muni- cipal court is to be held, the town clerk shall adjourn the court to such day as he may deem convenient, and the court shall be held on that day, and the causes on the list for trial will stand for trial on the day to which the court is so adjourned. 206. Causes shall be tried in a summary way in the municipal court upon the viva voce testimony of witnesses, or by the depositions of witnesses aged, infirm, or about to leave the town, taken as herein provided, upon the same rules of law and subject to the same defence as in the Supreme Court. Parties may ap- 207. Parties may prosecute and defend in person or by pear in person, a^orneys of the supreme court, but no costs shall be taxed in respect of the services of any attorney. Causes, how tried. Executors, may sue. etc. 208. Executors and administrators may sue and be sued in the municipal court, and judj^ment and execution shall have the like effect as judgment and execution in the Supreme Court. • Where Court hag 209. no jurisdiction. ^Jj:„} Assif^nee of chose in action. When an action is brought in the municipal court 1 the court has no jurisdiction to try, the recorder shall give judgment of non-suit, and the defendant shall be entitled to enter judgment for his costs, and have execution therefor. 210. Any assignee, by writing signed by the assignor of the entire interest in any chose in action founded on any contract for payment of money only, or in any judgment, decree or order for payment of money only, not exceeding eighty dollars, and who would have been entitled to main- tain a suit in equity as such assignee to enforce such contract or the payment of such money, and the executor or administrator of such assignee shall be entitled in his own name to maintain such personal action in the municipal court, and have such final judgment and execution in as full a manner as the person originally entitled to such chose in action, judgment, decree or order, and whose interest has been assigned, might have bad or done ; and such assignee .shall be so entitled, whether he shall derive immediate!}' or remotely from the person so originally po8se.ssed of such right to sue theieon, and shall be considered to all intents and purposes, and whether for the purpose of releasing such right or discharging or satisfying such judgment, decree or order, or otherwise, as the person 9!9 on any gment, seeding main- such ecutor in his nicipal in as chose iterest such derive inally II be or the sfying jerson originally entitled to the same had theretofore been ; and it shall be lawful for any defendant in any action brought by the person so originally entitled, or by any such assignee as aforesaid, to plead by way of defence that the interest of the plaintiff in such action had been theretofore assigned in the manner prescribed by this chapter, provided that noth- ing herein contained shall operate at law to transfer the right to the benefit of any bond, covenant or agreement, collateral in its nature, unless the assignment thereof shall be made to the person entitled to the subject matter to which such bond, covenant or agreement is so collateral, or to some person as trustee for him, and that nothing in the foregoing provisions contained shall apply to any covenant running with the land. 211. No action shall be brought upon any such assign- Notice of action. ment by such assignee unless a notice in writing signed by him, his agent or attorney, stating the right of the assignee, and specifying his demand thereunder, shall have been served on the party to be sued, or left at his last place of abode, at least fourteen days before the commencement of such action. « 212. In any case in which a release of a chose in action, Balance of chose or a release of execution in any judgment, decree or order, ""'^°"' shall have been executed by the assignor thereof, or pay- ment shall have been made to him after the assignment thereof, and no notice of such assignment shall have been received by the person liable to be sued in relation to such chose in action, judgment, decree or order, it shall be lawful for such person (anything in this chapter to the contrary notwithstanding) to rely on ,such payment or release, by way of defence to any action brought against him in respect of such chose in action, judgment, decree or order, unless release had been accepted, or such payment made with intent to defraud such assignee. 213. It shall be lawful for any defendant or person Defendant's liable in respect of any such chose in action, judgment, "^"'"^'^ decree or order, in any action brought in respect thereof b}^ any such assignee, to have the same remedy and defence against the assignee and his representatives which he might have had against the assignor incase no such assign- ment had been made, and in case of payment to such assignee to plead such payment specially to such assignee. 214. In any cause in the municipal court, the deposi- Deposition, how tion of any witness who is about to leave the county, or who is aged, infirm or otherwise unable to travel, may be ^ taken before the recorder, or any barrister, or commissioner of the Supreme Court, on twenty-four hours* notice being given by the party who wishes the deposition taken to the opposite party, and the deposition so taken shall forthwith be filed with the clerk and may be read in evidence on the trial of said cause ; subpoenas may be issued to compel the attendance of witnesses before the recorder or such barrister to be examined, and incase of disobedience to the command in such subpoena a warrant may issue under the hand of the recorder in the form in the schedule to this Act con- tained. BueA^' '*°* '** ^^^" ^^ *'^® plaintiff or any person on his behalf shall before, at, or after the commencement of an action in the municipal court make an affidavit that the defendant is indebted to the plaintiff in a sum within the jurisdiction of the municipal court, that the defendant is then within the county in which the town is situate, and that the deponent has probable cause for believing, and does believe, that the defendant is about to leave the said county, and that he fears the debt will be lost unless such defendant is forth- with arrested, the plaintiff shall be entitled to have a writ or writs of capias issued out of the municipal court for the arrest of such defendant. And in said affidavit the grounds of the deponent's belief need not be stated. Arrest of defend ant. 21 G. The constable to whom said writ of capias is delivered to be served, shall forthwith proceed to arrest such defendant, and shall convey him to the county jail or lock-up in the town, and he shall there be detained in custody unless and until he shall give a bail bond to the plaintiff, with sufficient sureties conditioned for the appear- ance of the defendant in the municipal court, at the time named in the said writ of capias, or the payment of the amount of any judgment which may be finally rendered against the defendant in the said cause, or shall make deposit of the sum claimed in the plaintiff's particuJars attached to said capias, together with five dollars for costs, and the constable shall forthwith upon the execution thereof, or when the same is not executed then on the return day thereof, make return of said capias to the tow^n clerk, with his doings thereon, and on the day appointed for the trial of said cause, when the defendant has filed his grounds of defence and off-set, within the time herein prescribed, the defendant shall, if he demand it, be brought up before the municipal court by the jailor or by a con- stable or officer of said court, in order that he may be present at the said trial, and the defendant shall be and 59 remain in custody during said trial, and if judgment be given against him for any sum, unless he shall forthwith pay the same, he shall be reconveyed to jail. But should he appeal from the judgment, he shall on perfecting his appeal be discharged from custody. The constable, jailor, or officer conveying the prisoner to and from ihe court, shall be entitled to fees therefor as set out in the schedule O to this Act, and the sherift shall not be liable for an escape of the party while out of his actual custody under this sestion. 217. Any person arrested under a capias may negative nischarjceof de- by affidavit or oath before the recorder the fact of his being about to leave the county, and upon such affidavit or oath, if uncontradicted, the recorder may order his discharge from custody, or order the bail bond to be delivered up to be cancelled, with costs in the discretion of the recorder, which costs if allowed shall be costs in the cause. 218. Where a person has been arrested under capias suhsenuent pro- issued out of the municipal court, the subseijuent proceed-''"'^'"'*''" ings, including rendering of such person in discharge of his bail, where not herein otherwise provided for, shall be similar to proceedings in the Supreme Court in like cases. 219. The defendant may at any time before trial pay Money paid into to the town clerk the amount which he considers sufficient ^""'^* to satisfy the plaintiff's claim and the costs then incurred, and give notice thereof to the plaintiff, and thereupon the plaintiff may accept the same in satisfaction thereof, or if the plaintiff does not consider the sum paid into the court sufficient to satisfy his claim and the costs incurred, he may give the defendant notice that the sum paid into the court is not sufficient to satisfy his claim and costs, and if on the trial of the said cause it shall appear that no more is due to the plaintiff" than the sum paid into the court, the defend- ant shall be entitled to judgment for his costs incurred after such payment. 220. The party succeeding shall in all cases be entitled Party succeeding to his costs, which shall be taxed and allowed by the '"""''"' *° '=""''• recorder. 221. The municipal court shall have the same power Power of amend- of amendment of proceedings therein as the Supi-eme Court'"*"*" or a judge thereof has in cases in the Supreme Court. 222. The municipal court shall have the same power Power to lasuo and jurisdiction to issue subpoenas for the attendance of*"*'^*^""' witnesses to give evidence on the trial of causes therein as is 60 Oath, by whom adiiiiiilstored. possessed or exercised by the Supreme Court, and any witness who shall have been duly served with a subpojna to attend said court and shall neglect to attend according to the command in said subpoena, or shall refuse to be sworn or give evidence when in court, and any person who being sworn in court shall refuse when called upon by the clerk of the court to be sworn or to give evidence, shall be liable to a penalty of not more than fifty dollars, and in default of payment thereof shall be imprisoned in the county jail for a period not exceeding ninety days. 223. Any oath required by the practice of the munici- pal court to be administered, may be administered by the recorder or clerk. Affidavit, before 224. Any affidavit required by the practice of the whom sworn, municipal court may bo sworn before any recorder or town clerk or justice of the peace, or before a commissioner of the Supreme or County Court. 1.'' Recorder to iiittke ruled. Appeal, how Kraiited, 225. The recorder shall have power to frame and make all such rules and regulations and forms not inconsistent with this Act or repugnant to law, as shall be necessary to regulate the practice in the municipal court. 22G. Any party dissatisfied with the decision of the recorder in any case tried in the municipal court, may appeal therefrom to the county court, and in case of an appeal, the appellant, or in his absence his agent, before the appeal shall be allowed, shall make an aflSdavit in writing that he is dissatisfied with the judgment and feels aggrieved thereby, and that such appeal is not prosecuted for the purpose of delay, and shall file the same with the clerk ; and the party so appealing, or in his absence his agent, shall, within ten days after the judgment, enter into a bond with sufficient surety in a penalty not less than double the amount of the judgment, and not less in any case than twenty-five dollars, with a condition that the appellant shall enter and prosecute his appeal and perform the judg- ment of the court, or render the body of the appellant and pay the costs accruing on the appeal ; or shall before the first day of the term of such court pay the amount of the judgment together with all costs thereon subsequently accruing, and the clerk, if thereto required, shall prepare the affidavit and appeal bond ; which appeal, if applied for at any time within ten days after judgment in such cause, the recorder shall be bound to grant, returnable to the next term of the county court in the county in which the trial was had ; and execution, if not issued when the appeal M is applied for, and the appellant or hia agent shall make or be ready to make the affidavit, shall be stayed ; but in such case, if the defendant have given bail, hh bail shall con< tinue liable, notwithstanding his personal appearance, until they shall render him, or he shall give an appeal bond within the ten days herein prescribed ; and if execution has issued before the appeal is applied for, it shall be stayed on the same being perfected, on the order of the recorder to be granted at the instance of the appellant and duly served upon the constable. * 227. The sureties to the appeal bond shall have the sureties may power to render the appellant, and the sheriff shall be"^*""'*' Dound to receive him at any time after the trial dc novo, in the same manner as defendants are now rendered by bail to a capias issued out of the Supreme Court. 228. I«i case of appeal the town clerk shall, not l«'terJ^*p^'^^^''|^J_^j than one week after the perfecting of the appeal, return to the clerk of the county court all the papers in the cause, together with a transcript of the judgment, and the affidavit and appeal bond, and a memorandum, so far as the same may be ascertained, of the costs to which each party would have been entitled in the municipal court in the event of judgment having been in his favor. 229. The proceedings on appeals from the municipal I'rocecdinga court shall, where not otherwise herein provided, be the"""'''"^^*"' same as the proceedings on appeals from the decisions of justices of the peace in civil cases. 230. The testimony of a witness in custody may be witness in taken in any cause pending in the municipal court, in the*^""' ^" same way that the evidence of a witness in custody may be taken in the county court, and for that purpose the section of the " Act to amend and consolidate the Acts relating to County Courts" shall apply to the municipal courts, the word " recorder" being substituted for 'judge," and the words " municipal court" for " county court." 231. The constable to whom an execution issued out Duty of of the municipal court is delivered to be executed, shall *^""''"''''^' execute the same in the way sheriffs are by law required to execute writs of execution issued out of the Supreme Court, and for that purpose are hereby invested with all the power and authority within the county or town for which they are appointed, or have jurisdiction which sheriffs have, possess and exercise within their respective bailiwicks. « ' Mirehicn to 292. All pollcetnen and constables appointed by the nerve iirocuw. . •iiiii i ■ town council shall have power to serve and execute process issued out of the municipal court or by the stipendiary ma^Mstrate anywhere in the county in which the town in situate. Rxccutinn, when 233. All executions shall bu made returnable in thirty returnable. j " days. Porfclture for ti«Kluut. Court not liable to action. tnsolvont Uebtor'8 relief. ^34. Any policeman or constable who shall neglect or refuse to serve, execute or make return of any summons, capias, subpoena or execution, sjiall on .summary conviction thereof forfeit a sum not exceeding twenty dollars, and in default of payment shall be imprisoned in the county jail for a period not exceeding thirty days. 235. In case of process or proceedings being issued or taken inadvertently in any case where the municipal court or stipendiary magistrate has not jurisdiction, the members and officers of ihe court shall not be liable to any action for damages. 2iSG. Where any person is committed to jail under capias or execution issued out of the municipal court, the benefit of the law that may be in force for relieving indigent debtors from prison may be extended, to said person by the municipal court or the recorder, and the pro- cedure shall be the same as nearly as may be as provided in chapter 118 of the Revised Statutes, "Of the relief of indigent debtors." , rosta, etr., in Municipal Court, 287. The costs and fees to be taxed and allowed in tho municipal court shall be as follows :— ' Summons or capias $0.50 Each copy do 25 Affidavits for capias or other purpose, each . . .25 Subpcpna .30 Ticket 20 Swearing each witne.ss 10 Trial and judgment, when for $40 or more . . 1.00 II It II under $40 50 Rules or orders, each 20 Copies, each » 10 Appeal bond 60 Transmitting appeal 25 Certificate of judgment 25 M discharge , 25 $ 03 i constables' fees, Serving summons or capias and makin*:; return 20 Bail bond 60 Attending trial with prisoner under capias .50 ' Serving Hubpcuna 20 Serving execution and return 20 Poundage on execution, when sale, 5 per cent. I II when paid, 2i^ n All travelling on service of Hummons, capias, execution and subpoena, kc, to be travel actually and necessarily performed by constable or other officer, per mile*... .05 Any person taking greater fees for the services than those hereip prescribed, shall for each oHence forfeit the amount of $30 to the person aggrieved, which sum with such excessive fees, may be recovered by him in an action of debt. POLICE ACMINtStRATloK. / 2.38. In case of riot, tumult or disturbances, or illegal Appointment act of any kind accompanied with force and violence «taMe«.'' "^ within the precinct of the municipality, or a just appre- hension thereof, the warden, stipend iary magistrate, or any one or more of the councillors, may by writing under their hands appoint any number of special constables to assist in preserving peace and order. 239. Such special constables shall be under the direc* I'nHer whoso 1 1 p 1 ■ p f 'I- control. tion and control of the committee of police, stipendiary magistrate and warden. 240. The warden or any member of the committee of To be sworn in. polift' may swear in such special constables to the faithful •• .arge of their duties. 241. The appointment of such special constables shall Appointci for r tinue in force for the space of seven days from the date* * ^' ot such appointment, unless sooner revoked by the com- mittee on police. 242. In "ase any disorder or disturbance shall occur Disorder at at any publ neeting or assemblage of persons, the warden,''" ''""'*' "^' stipendiarv igistrate or any councillor of the town, upon the requ«' the chairman of such meeting or of three or more freehi -ts, may verbally appoint and swear in special constables, \ ho shall aid in restoring and preserving order e4 Penalty for rutusint,' to act. and peace at such meeting or assembly, and shall be under the control of the warden, stipendiary magistrate or any member of the council. 243. Any person appointed a special constable who shall refuse to act or be sworn in, shall be liable to a penalty not exceeding ten dollars, and in default of payment to imprisonment in the county jail for thirty days. Extra oonstAbios 244. The couucil may from time to time appoint such number of extra constables as they may deem necessary, and for such period, not exceeding one year, as they shall deem requisite. Shiill he Bworii ill. May be com- peiitiutcd. Shall assist poticeinun. Shall servo proi'i'^a. Extra powers In certain caHCii, Penalty for non attendance. 245. Each extra constable shall be sworn in before the warden, stipendiary magistrate, or any of the councillors, to the faithful discharge of his duties whik he shall continue to be an extra constable. 246. The council may compensate any extra constable for los.s of time when called out for special duty, but in no other case. 247. The extra constables shall be under the direction and control of the committee of police ; they shall assi'^t the policemen in any of their duties. 248. On the request of the warden, stipendiary magis- trate or committee of police, they shall serve any sumtnons or execute any warrant emanating from the police office or municipal court, or perform any duty that a policeman has authority to do. In case of an actual breach of the peace occurring in their presence, they shall interfere to preserve order, and if necessary shall arrest wrong doers and convey them to the lock-up or jail. 249. In cases of larceny, or alleged larceny, the extra constables shall have power to act in prevention or other- wise, and in cases of violent removal of goods, or violence as to property in houses or the possession thereof, shall have power to assist in keeping the peace. 250. Any extra constable so appointed, who shall not attend at the police office at sucii time as he shall be notified for the purpose of being sworn in, or who shall refuse to take the oath, shall be liable to a penalty of not less than ten or more than forty dollars, and in default of payment shall be subject to imprisonment in the lock-up or county jail for a period of not less than ten or more than sixty daya. 65 I extra )ther- jlence shall 111 not Itified be to than Iment funty lays. 251. In case any persons are found by the policemeii Ma> arrest in or extra constables in the act of defacing, injuring or destroying any bridge or public property, or trees on any street, lane, or public or open place, or in the front of any house or building, which have been growing or placed there for shade, ornament or other purpose, or discovered digging up or removing any of the soil of the common, or defacing or injuring the exterior of any house, building or fence, or the shutters or the appendages thereof, or in writing any obscene or profane words on any fence or building, the policemen or extra constables shall arrest such trespassers if they are unknown persons, and take them to the lock-up or jail, and detain them there until they can be brought before the stipendiary magistrate. 252. There shall be in the town a police office, to be Police office, established by the town council, where all the police business of the town shall be transacted. 253. The stipendiary magistrate shall attend at such ^,*^Prg"t^^*g^g police office daily, or at such times and for such period as duty. may be necessary for the disposal of the business brought before him as a justice of the peace or as a stipendiary or police magistrate, and shall have, possess and exercise all the jurisdiction, power and authority necessary for the apprehension, committal, conviction and punishment of criminal offenders within the town over which justices of the peace, stipendiary and police magistrates have jurisdic- tion, and for the carrying into effect the provisions of this Act and of the laws in force in and the by-laws and ordinances of the town, provided, however, that in case the stipendiary magistrate is temporarily absent from the town or is unable through sickness or otherwise to attend at the police office, the council may by resolution appoint an acting stipendiary magistrate, who shall during such temporary absence, sickness, or the continuance of such other disabling cause, have all the power, jurisdiction and authority of the stipendiary magistrate, and in case no such acting stipendiary magistrate is appointed by the council, the warden or a councillor of the town may, on the request of the stipendiary magistrate, attend at the police office, and shall perform the duties of the stipendiary magis- trate during his absence or incapacity, and the warden or councillor so acting in the place of the stipendiary magistrate shall have all the jurisdiction, power and authority of the stipendiary magistrate. 254. The town clerk or such other person as the council cierk of poiico shall appoint for that purpose shall be the clerk of the ** °*' 6 I I' Police ofllce record. police office, and shall perform the duties of clerk of the stipendiary magistrate. 255. There shall be kept in the police office by the clerk thereof, a book to be called the " police office record book," in which shall be set down the names of all persons against whom charges are made in said office, the name of the person making the charge, the offence charged, and the manner in which, and the person by whom, the said chirge is disposed of. V Actions, &c., be- 256. All actions and prosecutions for penalties for the Magistrate" "'^ breach of any of the provisions of this Act, or of any Act which may be hereafter passed in amendment thereof, or of any Act of the Legislature of Nova Scotia in force in the town, or of any by-law or ordinance of the town, may when not otherwise herein provided, be prosecuted by the town or any officer thereof, or any person who may prosecute therefor, and shall be laid by information or complaint before the stipendiary magistrate of the town, who is hereby invested with full jurisdiction, power and authority to hear, try and determine in a summary way without a jury, all such prosecutions, and do all such acts, matters and things as are required or necessary to be done to enforce and collect such penalties and forfeitures, and when not other- wise herein provided, the proceedings shall and may be had and taken for enforcing and recovering the penalties and forfeitures,compelling the attendance of parties or witnesses, hearing the complaint, and for the conduct of the court, the taking and estreating of recognizance, and the infliction of the punishments and otherwise in respect thereof, and the stipendiary magistrate shall perform the duties in respect thereof, and in respect to any conviction or order made by him by virtue of this Act, or of any Act in force in the province, or any law or by-law of the town, provided, however, that appeals from the decision of the stipendiary magistrate shall be to the county court of the county in which the town is situate. Provided, also, that it shall not be necessary for the stipendiary magistrate to make any return of convictions made by him as aforesaid to the clerk of the county court, or to the cleik of any other court, but said convictions shall be filed in the police office, and a certified copy thereof made by the town clerk shall be evidence thereof in any court upon the trial of any cause, information or indictment, or such actions, prosecutions or proceedings may be conducted under the provisions of chapter 103 of the Revised Statutes, " Of summary convic- tions and orders." le any clerk [t, but land a i\\ be 2ause, |ns or Ins of 257. All fines, forfeitures and fees collected or received nne?. fees and in the stipendiary magistrate's court, or in the police ottice ° of the town, shall be paid into and form part of the general revenue of the town. 258. It shall not be necessary in any conviction made when not neces- under this Act or any Act in amendment hereof, or under ^""^^ any Act in force in the town, or under any by-law or ordinance of the town, to set out the information, appear- ance or non-appearance of the defendant, or the evidence or by-law under which the conviction is made. 259. In all cases of summary convictions or orders stmendiary may made by the stipendiary magistrate for the recovery or ""^ ^' *^*'* enforcement of forfeitures and penalties incurred under this or under any other Act of Nova Scotia, or under the by-laws of the town, he may award and order in and by his convic- tion or order that the defendant pay to the prosecutor or complainant such costs as the stipendiary magistrate deems reasonable in that behalf, and when t^s information or complaint is dismissed, the stipendiary magistrate may award and order that the complainant or prosecutor pay to the defendant such costs as the said stipendiary magistrate shall deem reasonable. 260. In default of payment of any fine or penalty Levy by sale and imposed by the stipendiary magistrate at the time named by him for the same to be paid, the same may be levied by distress and sale of the defendant's goods and chattels, and in default of sufficient distress, by imprisonment with or without hard labour for a period not to exceed sixty days, unless some other period is mentioned in the Act or by-law creating the offence, or the stipendiary magistrate may, if he see tit, instead of issuing a warrant of distress, commit the defendant to the common jail of the county, there to be imprisoned with or without hard labor for the time aforesaid. 261. In any case brought or charge made in the police stipendiary may office before the stipendiary magistrate against any person d^t.""^*'*^ for breach of any of the provisions of this Act, or any other Act of Nova Scotia in force in the town, or of the by-laws of the town, or in any case where the defendant is arrested either on view of the offence or under warrant, the stipendiary magistrate may in his discretion allow the defendant to go at large upon his entering into a recogniz- ance either with or without sureties in such a sum as the stipendiary magistrate shall name conditioned for his appearance at the police office at the time appointed by the stipendiary magistrate. Coriviption not to bu quoijhed. Fees in jioUct? i-ourt. 68 262. No conviction or orrler marie by the stipendiary- magistrate shall be quashed for want of form, and no warrant or commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there is a good and valid conviction to sustain the same. 268. The fees charged and allowed in the police office shall be as follows : Information or charge $0.20 Each warrant of .summons 50 Each copy to be served on defendants 25 Summons for witness, tach witness 20 Hearing complaint 50 Conviction 1.00 Copies of any paper connected with trial, or of minutes when required, 10 cts. per folio. Bills of cost 10 Witness fees on summary trials per day.. .50 Witness fee;?, travel per mile each way 05 CONSTABLES FEES. Service of summons and return 30 Arrest 50 Attendance before stipendiary magistrate on trial of complaint 50 Travel when necessary, per mile each way . . .05 MISCELLANEOUS. 264. The town shall have a common seal, which shalB be made of suitable metal, and shall have such a device engraved upon it as the council shall order, and such seal shall be kept by the town clerk. Deeds, how nu- 265. All decds or document; 'o which the town is a thtttitkatea. party and to which a seal is requisite, shall be authenticated by the town seal, and the warden and town clerk shall sign the same , and affix thereto the corporate seal when authorized by any law or by-law, or by resolution of the town council. To« /I to lia\ L ^oiiiiiion seal. Feefoi .ifflxintr 266. The Warden or town clerk may affix the seal to *^' any certificate or document at the request of the person desiring it, upon payment of such fee therefor as the town council shall by resolution or by-law prescribe. lary no any- arty :tion ffice evice seal IS a lated sign |al to jrson town Sf)?. No repeal, alteration or amendment of any by-law ^'jj^'"^^",'l;'\^."* adopted by the council shall be made, unless two weeks' notice in writing shall have first been given to the council of such intended repeal, alteration or amendment. 2G8. Any by-law, regulation or ordinance may be By ia» how siw- suspended wholly or in part by the unanimous consent of ''*" all the members of the council present^ after the notice above has been given> feY-LAWS AND ORDlNAJfCESv 2G9. The council may make regulations for the man- B.v)a»8 ^nd agenient and good order of their proceedings, and may make '^ '"""'^"'^ by-laws to regulate the following subjects : — (1.) The management of such real estate as may be required for the public use of the inhabitants of the town, and of all other property of the town> (2.) The prevention and extinguishing of fires* (3.) The establishment and regulation of markets^ market-houses and fairs, and the slaughter of animals and bale of dead meats. (4.) The protection of streets, squares, sidewalks and pavements, and of the posts, railings, trees and other defences and oinaments thereof. (5.) The weighing and measurement of salt, coal, and wood, lumber, shingles, logs, timber, and hay, straw and grain, and fixing the rates thereof. (6.) The licensing and regulation of carriages for hire> cartage and truckage. (7.) The regulation of pounds, and fixing the fees and rates to he taken and received by pound-ketjpers and persons lawfully driving anything to pound. (8.) The prevention of the firing of guns or other fire- arms, or the setting ofi' of squibs or other fireworks, or the burning of comhustil)!e materials, the carrying of fire, lighted candles, or lamps without being covered or secui-ed, and the cutting of ice on lakes and rivers. (0.) Imposing and collecting a tax on dogs, whici by-laws may contain provisions for the destruction of dogs in default of the payment of tax by the party liable. (10.) The prevention of the ringing of bell*, shouting, or other unusual noises in the streets, knocking at doors or ringing door-beils. 70 (11.) The prevention and punishment of furious or disorderly driving or riding on the public roads and bridges, and coasting thereon. (12.) The prevention of the growth of thistles and other noxious weeds, (13.) The preservation of the banks of rivers. (14.) The establishment, management, maintenance and regulation of lock-up houses. (15.) The prevention of vice, immorality and indecency in the public streets, highways, and other public places, and prevention of the profanation of the Sabbath. (IG.) Restraining, prohibiting and licensing all exhibi- tions, circuses and other shows for hire or profit, and the preservation of order thereat. (17.) The prevention and regulation of the going at large of horses, cattle, sheep, swine, goats, dogs, 'geese, turkeys, hens and other domestic fowls, and regulating the care and keeping of stray horses, cattle and sheep. (18.) The regulation of the amount in which bonds shall be given by town officers concerned in the collection, receipt or expenditure of money, the form thereof, the manner in which they shall be given, and the nature of the security to be given when not otherwise regulated. (19.) Defining the duties of town officers and the manner in which they shall account for moneys received or expended by them. (20.) Regulation of the discharging and depositing of ballast, rubbish or refuse in all portions of harbors, rivers ^r elsewhere that are within the jurisdiction of the council. (21.) The licensing of auctioneers and pedlars, and hawkers of good"* and traders who are not ratepa^^ers within the town. Ry-iaw iftM be 270. An authcutic copy of each by-law passed by the fore legislature, ^own council shall be laid before the Legislative Assembly within ten days after the opening of the session next following the passing thereof, and any by-law repugnant to the laws of the province or the provisions of this chapter shall be wholly void. The production of a copy of said by-laws purporting to be certified under the hands of the warden, the town clerk, and the seal of the town, shall be sufficient proof thereof in any court of justice. Violation of by 271. Any pcrson who shall violate any by-law or ^**' ordinance of the town shall, upon conviction thereof before 71 the stipendiary magistrate, forfeit a sum not exceeding ten dollars, and in default of pa^'ment thereof shall be impri- soned for a period not exceeding twenty days. 272. Tlie council shall have power to open on the credit ^"".""'^^'^Z of the town an open credit account with any bank, not to ocrount exceed !^2()0(), but the same shall not be used as a permanent loan. . . • 273. This Act shall go into effect immediately' upon Act to go into the pasfjing thereof, and the " Act to incorporate the town °p*"*'°"' '^• of Kentville," chapter 98 of the Acts of 1886, shall thereupon be and stand repealed ; always provided, that no proceedings taken or acts done, or partly done, under the authority of said last mentioned Act prior to its repeal as aforesaid, shall be invalidate, null or void by reason of said repeal, or by reason of any informality or irregularity in the taking, doing, or partial doing thereof, but all such proceedings taken, or acts done, or partly done, are hereby declared to be binding and of full effect as if the same were taken, done, or partly done, according to law ; and all contracts and agreements entered into by the town council prior to the passing of this Act shall be binding upon the town notwithstanding the passing thereof. SCHEDULES. ig of [ivers mcil. and lyers the jnbly Inext mant ipter said the 111 be or jfore I,A.B.,of A. do solemnly swear that I am a rate-payer of the town of Kentville, and have been such rate-payer for one year next previous to this day, and that I am of the full age of twenty-one years, and have been assessed on a sufficient amount of real or personal, or real and personal estate, to entitle me to vote at this election, and I have paid all rates and taxes of all kinds payable by me to the town of Kentville. B. I do solemnly swear that I am unable to fill up my ballot paper without assistance, and I desire the aid of the presiding officer solely to enable me to fill up the same correctly. 72 I, A. B., do swear that I am duly qualified as required by law, for the office of of the town of Kentville, and that I will faithfully perform the duties of while I hold office, to the best of my ability. So help me God. D, Town of Kentville. Ojjice of Town Clerk, -, IS—. I hereby, under the provisions of sec. 8.3, assessment, give you notice that the real estate held by you within the municipality of Kentville, has been valued at the wim of $ , and your personal property at the sum of $ for the year 18 — . REAL. $. I'ERSONAL. N. B. — Appeals from this valuation must be filed according to law, with the town clerk, at the office, within 14 days from date of this notice. , Town Clerk. To E. Take notice that I appeal from the assessment of upon property assessed to me in the town of Kentville, and that the grounds of my appeal are as follown : To A, B,, Appellant. Town Clerk of Kentville, F, from the — in the Sir, (or madam) : Take notice that the appeal of — assessment of property assessed to said Town of Kentville, will be heard and disposed of by the Court of Appeal at the on the day of — A.D,, 18 — '-, at - — o'clock. A. B., Totun Clerk nired Lville, Ip ine rnent, nthin iin of filed vithin it of n of 11 own ; 73 G. To You are hereby notified that you are rated in the Town of Kentville for general rates and taxes for the current year 18 — , the sum of ■ dollars and cents, and that if the same is paid to the treasurer of said Town, at his office, within fourteen days from the date hereof, a discount of two and one-half per cent, will be deducted from the said sum, and that if said sum is not paid to the said treasurer within thirty days from the date hereof, Warrant of Distress will be issued to levy for the same, together with the cost and expenses of the levy, Dated at Kentville this day of A.D,,188— . F. D., Town Clerk H. (Treasurer's Warrant.) [L.S.] Whereas - in the sum of Town of Kentville is indebted to the town of Kentville dollars and cents for rates for year 18—, and has failed to pay the same, you are hereby required immediately to distrain the goods and chattels of the said ' ^ for the said sum and two and one-half per cent, additional, and for the costs of collection, and if need be to remove them to some place of safe keep- ing, and if within days after distress made the property so detained be not redeemed by payment of said sum, with the costs of collection, and any necessary addi- tional charges be not paid, you shall sell the goods and chattels so distrained upon to satisfy the same. Kentville A.D., 188—, Town Treasurer. the the the l^y of I. Warrant 10 cents< Notice 20 m Posting notice 50 ti Conducting sale 50 it 74 K. Town of Kentville Loan. No. Debenture. Transferable. Under the authority of an Act of the Legislature of Nova Scotia, Chap. , Acts : The bearer hereof is entitled to receive from the Town of Kentville in the County of Kings and Province of Nova Scotia, the sum of dollars of lawful money of the Dominion of Canada in twenty years from the date hereof, and interest for the same at the rate of per centum per annum, payable half yearly at the office of the Town Clerk, Kentville, on the production of the interest coupons attached. Redeemable at the option of the town at any time after five years. Dated at Kentville, N. S., the • day of , 18-^. L. (Certificate of Judgment.) Town of Kentville. In the Municipal Court, 188 — . A. B., Plaintiff, Defendant. — day of — 1S8— , Cause ) A. B., . >■ V8. J C. D.. Judgment entered the ■ for (plaintiff or defendant.) (Debt or damage) $ Costs $ I hereby certify that the above is a correct transcript of the judgment entered in the above cause in the Municipal Court at Kentville. ' Dated at Kentville this day of A.D., 188—. 7» i8-, )tof pipal 8—. (Certificate of Discharge of Judgment Recorded.) Town of Kentville, SS. In the Municipal Court, 188 — . }A. B., Plaintif. va. C. D., Defendant. I hereby certify that the judgment entered in the above cause on the day of A.D., 188 — , in the Municipal Court at Kentville, has been satisfied and discharjred. Dated at Kentville this day of — A.D., 188—. Clerk. Travel ten cents per mile, one way only. N. (Summons.) In the Municipal Court. 188—. Town of Kentville, SS. To any constable of the town of - or County of Scotia : or police officer in the province of Nova [L.S.] We command you to summon A. B,, of in the county of to appear in the Municipal Court at Kentville, on the day of at o'clock in the the sum of before the said hour. Issued this day of -noon, to answer to C. D. in , and to make return hereof on or A.D., 188—. f Notice to be endorsed on Summons.) Clerk. Take notice that unless forty-eight hours before the hour of trial mentioned in this summons, the defendant appear and file with the clerk grounds of defence and particulars of set-off, if any, and serve the same on the w attorney of the plaintiflT if named in the writ, or at the address of the plaintiff' if any such address be named in the writ, the plaintiff shall be entitled to judgment for the amount claimed with costs. , ' Clerk. (Affidavit of Capiaa.) In the Municipal Covrt, 188—, Town of Kentville, SS. 1, A. B., of —.——*_ in the county of — -—— — make oath and say that C. D., of in the county of '■ - ■ ■•■■ ' is indebted to me, (or to E. F., as the case may be), in the sum of dollars for the causes of action set out in my particulars of demand hereto annexed ; that the said C. D. is now within the county of and I have reasonable and probable cause for believing, and do believe, that the said C. D. is about to leave the county of . That I fear the said debt will be lost unless the said C. D. is forthwith arrested, Sworn to at of of A, B. — - — in the county this day A. D., before me. tl (Capias.) In the Municipal Court, 188—. Town of — To any Constable or Police OfHccr of the town of * or county of ' — ; You are hereby commanded to take A. B., of — =— — ' — and him safely keep, so that you may have him at the Municipal Court in the town of on the day of at o'clock in the noon, to answer to C. D., in the sum of . Whereof fail not, and have there then this writ, with your doings thereon. Issued this day of A.D., 188- Clerk. Notice to be endorsed on capias same as in summons, except in cases where the capias is issued after the suit has been commenced by summons. / 77 (SuhpoBna.) In the Municipal Court, 188—. Town of Kentville, SS. To . You and every of you are required to appear in the Municipal Court at Kentville on the day of at the hour of o'clock in the noon, to give evidence on the part of the in a suit now depending* in said Court between A. B., plaintiff, and C. D., defendant, and then and there to be tried, which you are not to omit under penalty of the law in such cases prescribed. Dated the day of A. D., 188- Clerk. (Ticket) In the Municipal Court, 188 — . Town of Kentville, SS. Cause, ) A. B., . > vs. ) C. D., A. B., Plaintiff. Defendant. is required to give evidence in this suit, on the part of the in the Municipal Court at Kentville on the day of at o'clock in the noon. Dated the day of -A. D., 188 Clerk (Execution. J Town of Kentville, SS. To any Constable or Police Officer of the Town of or County of : Whereas judgment has been awarded against C. D. at the suit of A. B. in the Municipal Court at for the sum of . — and more for costs. These are therefore Costs $ Ex. to command you to levy from off the goods and chattels of the said C. D. the said sums, making together the sum of by the sale of stich goods and chattels, after duly advertising the same ; and for want thereof you are hereby required to take the body of the said G. D. and 78 him commit to Her Majesty's jail or lock-up at , the keeper whereof is required to take the said C. D. into his custody, and him safely keep until he pays the full sums above mentioned, with your fees and jailor's fees and costs of execution, and interest on said judgment, if any, or that he be discharged by the said A. B., or otherwise by due course of law. Whereof fail not, and make due return of this Writ to the said Court with your doings thereon, within thirty days from the date thereof. Issued this day of A. D., 188- Clerh Bail Bond. [Bond in the usual form fro.n O. D., defendant, E. F. & G. H., sureties, to J, K., plaintiff.] The condition of this obligation is such that if the above bounden C. D. do appear in the Municipal Court at Kentville on tlie day of to answer to the suit of J, K., and in case judgment shall be obtained against the said C. D., if he shall satisfy such judgment, or shall render himself, or be rendered by the said E, F,, and G. H., into the custody of the sheriff of the county of , then the said obliiiation to be void. CAfUdavit on Appeal.J Town of Kontvillle. SS. In the Municipal Court, 188- ) A. B Cause. J- vs. Plaintiff. D., Defendant I. C. D., of - in tlie county of (the defendant or plaintiff herein, or the agent of the defendant or plaintiff) make oath and say that I am really dissatisfied with, and feel aggrieved by the judgment given in this cause, that I do not appeal tlierefrom for the purpose of delay, but that justice may be done to me (or the defendant or plaintiff' as the case may be,) herein. C. D. Sworn to at — — in the county of this day of . A.D., 188—, before me. 79 (the ulunt (Appeal Bond.) Bond in the usual form by 0. D., E. F., and G. H., to A. B., (the plaintiff or defendant as the case may be,) Whereas a certain cause wherein the said A. B. was plaintiff, and the said C. D. was dofen<^ant, was tried in the Municipal Court at Kentville and judgment was on the day of given in favor of the said A. B. for the sum of dollars for debt and dollars for costs. And an appeal therein hath been demanded by (or on behalf of) the said C. D. Now, the condition of the above obligation is such, that if the said C. D. at the next sitting or terra of the county court for the county of shall duly enter and prosecute his said appeal, and shall proceed therein to final judgment, and shall abide by and fulfil the jiidgraent of the said court to be given in such appeal, or render the body of the appellant, or pay the costs accruing on the appeal, or shall previous to the first day of the sitting of such court pay the full amount of the judgment in such cause, together with all costs subsequently accruing thereon, then the above obligation to be void. Signed, sealed, and delivered in the presence of CD., E. F., G. H., (seal.) (seal.) (seal.) I-; INDEX TO BYE-LAWS. Byn-Laws and Ordinances Town Seal .... .... Town Council Committees Town Clerk and Treasurer Annual Meeting Streets, Bridges, &c. .... I'olice Force .... .... Special and other Constables Health Wardens and Liapectors Auctioneer's License .... Transient Merchants, Fedlars, &c Truckmon .... .... Pounds and Pound Keepers Horses, &c., going at large Exhiliitions, &c .... Dogs .... .... Discharging Fire Arms, &c Miscellaneous .... Public Property .... P.iOE . 81 81 . 82 83 . 84 85 . 86 88 . 89 90 . 90 91 . 91 92 93 93 94 95 96 96 BYE-LAWS AND ORDINANCES. 81 81 82 83 84 85 86 88 89 90 90 91 91 92 93 93 94 95 96 96 I It is ordained by the Warden and Councillors of the Town of Kentville in Council assembled, that the following Bye-Laws and Ordinances shall be in force within tho town, in addition to and in supplement of the provisions and enactments of the " Kentville Incorporation Act, 1887." No repeal, alteration or amendment of any Bye-law adopted by the Council, shall be made unless two weeks notice in writing shall have first been given to the Council, by the Warden, or any Councillor, of such intended repeal, alteration, or amendment. Any bye-law, regulation or ordinance may be suspended, wholly or in part, by the unanimous consent of all members of the Council present after the above notice has been given. Copies of the Act of Incorporation and Bye-laws and Ordinances of the Town may be had from the Town Clerk for the sum of twenty-five cents each. THE TOWN SEAL. 1. The Common Seal of the Town shall be of suitable metal and have engraved on it such device as the Council may order. 2. The Town Seal shall be kept by the Clerk. 3. All deeds or documents, in relation to which the Town is an executing party, and whore a seal is required, shall be authenticated by the Town Seal, and the Warden and Town Clerk shall sign the same, and one of them shall affix thereto the Town Seal when authorized so to do by any laws, bye-laws or ordinances of the Council, or by direction or resolution of the Town Council. 4. The War-en or acting Warden may affi)i the Seal to any certificate requiring his authentication, at the request of any person desiring it. 5. Any person requiring the Town Seal to be affixed ^to any certificate or document for the purpose of authenti- cation or otherwise, shail pay to the Town the following fees : For affixing the Seal to any document to be used abroad or out of the Town 81..50 If to be used onlj' within the Town 1 .00 For the Seal to any Certificate , ,. 1.00 82 TOWN COUNCIL. 1. Written notices for the quarterly meetinjj and other meetings of the Council, shall be sent to the Warden and each Councillor two days previous to meeting. 2. Emergency meetings may be called by the Warden or Presiding Councillor when necessary, at a shorter notice. Notices shall state place and time of mcitinp; and shall be left at the dwelling or place of business of the party notified. .3 The meeting shall stand adjourned to the next day at the same place and hour (not being Sunday or a holiday in which event it shall stand adjourned to the day follow- ing) if within one half hour from the time appointed for the meeting a quorum shall not appear. 4. As soon as the Chair is taken and the meetinsr opened, the minutes of the previous meetmg shall be read by the Clerk, when any mistakes therein may be corrected by the C uncil, after which or in the event of no mistakes being found they shall be marked approved. 5. Every iiiotion or resulution must be presented in writing, moved and seconded, before it can be debated. 6. A motion or resolution moved and seconded, cau only be withdrawn by leave of the Council. 7. All questions shall bo decided by a majority of votes ; in case of equality the Warden or presiding officer shall have the casting vote but shall not otherwi.se vote. 8. The Warden or Presiding Councillor shall preserve order and decorum, and shall decide all points of order, subject to an appeal to the Council, provided such appeal be regularly moved and seconded. 9. The member who introduces a resolution or motion, shall have the privilege of closing the debate. 10. All resolutions moved and seconded, shall be laid on the table as a notice, and shall be discussed at a subse- quent meeting, and no resolution shall be discussed and voted at the same sitting in which it is moved, unless the Council shall by vote determine it expedient so to do. 11. When a question is regularly under debate, no other question or motion shall be entertained until it be decided, unless it be : Ist. A motion in amendment <if the original resoluticm. 2nd. Motion to refer the question to a special Committee. 3rd. A motion to postpone the (lueHtion to some future day or time to be named. 4th. A motion to postpone th« qiicstion indefinitely. 5th. A motion that the (luestiwn he now put. • 6th. A motion to adjourn. 7th. Or the previous question. 12. After the division has taken place upon any ques- tion or resolution, any mciulier may call for the names on the division and have the same recorded. 83 Ifi. No debate shall 'oe allowed on any motion of adjournment, or upon any motion of the previous question made durinf^ a debate. 14. Every member shall confine himself to the ques- tion under discussion, and shall abstain from all personal reflections and irritating langua^je. 15. Every member present when a vote is taken, shall vote upon it unless excused by the Council upon some good grounds stated. 16. No member shall leave the room during the trans- action of business without the permission of the Warden, or presiding officer. 17. Any member called to order by the Chair shall sit down at once, but may by leave of the Chair afterwards rise to explain. 18. The Town Clerk shall under the direction of the Warden, make out an arranged list of the business matters which it appears requisite to lay before the Council for their consideration, the list shall be termed the order of the day, a copy of which shall be laid on the table for the inspection of the members, and another placed in the hands of the Warden or presiding Councillor. 11), The foUowincT .shall be the order of the day as near as may be, subje'ct however to alterations. by the Council at any meeting, as the exigencies of business may require, Ist. 2nd. 3rd. 4th. 5th. 6th. .7th. «th. 9th. 10th. Reading Minuter, of jiievious meeting'. Motion to arrend or confirm Minutes. Motion to re-consider or rescind any resolution contained in the Minuij's, notice of the rescinding or re-consideration of which had been gi>'en on the day the resolution passed before ad- journment. Receiving the reporti of any select or standing Committee. Receiving petitionf,. Ordering the payment of accoukits. Discussing resolutions of which uctice had been given on a previous day in the regular order. Reading or discu.s!ing the i-eports of select or standing Committees, together with reports of the minutes, if any. Di'^cussing petitions. Miscellaneous buHiness. 20. Notices for rescinding or reconsidering any resohi- tion passed must be given on the day of the resohition being passed before adjournment, and no resolution pa.s.sed shall be rescinded or reconsidered when such notice has not been given, and no such notice sliall have the effect of delaying or impeding the action necessary to give effect to any resolution unless the Council shall otherwise order. COMxMITTEES. 1. Standing Committees as provided in section 48 of the Act, shall be appointed as soon after the annual election 84 in each year as practicable. The Warden shall be ex officio a member of all Committees. 2. The various Committees shall report at each quar- terly meeting of the Council, and at such other times as the Council may direct, upon the several services under their charge. 3. Special or select Committees of one or more persons m^y be appointed at any time and for any purpose, on motion duly made, seconded and passed. 4. The reports of Special or Select Committees shall be in writing and signed by the chairman when unanimous ; but when there is a difference of opinion, the report shall be signed by all who concur in it. The minority may also report their views in writing to the Council, if they see fit, which report .shall be signed by all concurring in it. TOWN CLERK AND TREASURER, 1. The Town Clerk shall perform the duties imposed upon him by the Act of Incorporation, and the Bye-Laws of the Town, and such other duties as he may be directed by the Council fi-om time to time to perform. 2. He shall give bonds for the faithful discharge of his duties, in such amount and manner as may be prescribed by the Council, and shall tile the same with the Warden. 3. He shall be the Custodian of all the Public Books, Accounts, Contracts, Agreements and Documents of the Town, and shall at all times have the same arranged and filed in a convenient manner for use and reference. 4. He shall attend at the Town Otiice for the trans- action of public business during such hours as may be appointed by the Council, and such hours shall be posted up in a conspicuous place in the Office. 5. He shall attend all Meetings of Council and take correct minutes of the proeredings and matters considered thereat, which he shall enter in a book to be kept for that purpose. 6. He shall give all notices required to be given by the Act of Incorporation, and nMjuire*! to be given by or for the Council, and shall also notify all persons interested of any action of the Council ujion any matter. 7. When acting as Treasurer he shall receive all mon- ies payable to and pay all monies payable by the Town, and ht siiull give and take receipts and vouchers for all monies received and paid by him. 8. He shall pay into bank to the credit of the Town when and as received, all monies whatsoever that may comi into his hands for and on account of the Town. josted take idered for [>y the )r for ted of mon- i, and jonies ?own I comi 85 9. He shall only pay out monies on the order of the Warden or Council, and payments shall only be made by cheque signed by the Warden or presiding Councillor, and the Town Cleric. 10. The bank book shall be open at all times to the inspection of the Warden, or any Councillor, and shall be laid upon the table at all meetings of the Council. 11. He shall keep the accounts of th*' Town in such books, and after such manner as may be prescribed by the Finance Committee, so as to show conveniently, distinctly and separately the incomes from all source«, and the expen- ditures for each service. The books are to be neatly kept, and promptly written up, so as at all times to show the condition of the several accounts. 12. Invoices or accounts must be re<juired and furnish- ed for supplies and services of every kind. Accounts must first be approved by the respective Committees, then by the Finance Committee, and finally passed by the Council ; and no accounts are to be entered in the books until thus pre- viously disposed of. 13. No accounts are to be paid until passed by the Council, with the proviso that the Warden, or presiding Councillor, may in exceptional circumstances authori.se pay- ment of an account, and report to the first meeting of Council. 14. A separate account to be called the " Kentville Municipal Court Account " shall be opened with, the bank. All monies received and collected in connection with ths Municipal Court and its business, .shall be paid into this account, and all payments thereout shall be made by chei|ue signed by the Recorder and the Town Clerk. ANNUAL MEETING. 1. The annual meeting shall, unless otherwise ordered by the Council, be held in the Court House, on the fourth Tuesday of Jar uary in each and every year, at the hour of seven in the afternoon, of which meeting five days notice shall be given by bills posted in seven conspicuous places in the Town. 2. Whenever at puch meeting it is contemplated to reconmieiid any sum ro(juired to meet any extraordinary service or improvement, the Warden or Chairman shall at; the commencement of the meeting, announce the hour when the vote shall be taken, and on the arrival of the hour other busmess shall be suspended, and the votir'g proceeded with, after which the su.spended business may be proceeded with, or new b'lsiness entered on, provided that no business shall 8() be transacted at such meeting except such as is provided in Section 124 of the Act incorporating the Town of Kentville. 3. The Town Clerk shall provide a separate sheet for nny service or improvement recommended by the Council — the heading of which shall designate the service or improve- ment recommended, said sheet shall contain three columns, in one of which shall be printed or written in alphabetical order of the surnames, the name of every ratepayer of the Town entitled to vote at such meeting, and the others shall be headed respectively " For " and " Against." 4. The finding of the names of the ratepayers on the said sheet, or the production of his receipt for the taxes of the preceding year, shall determine the right of any person to vote at such meeting. 5. In taking the vote tlie Town Clerk shall call out the names of the ratepayers on his list, when each ratepayer if present shall give his vote " For " or " Against," and the Town Clerk shall immediately record the same under the respective column, according to the vote given. 6. Any ratepayer whose name shall have been omitted from the list, shall be entitled to have his name entered on the list, and to vote in like manner, on production of his tax receipt for the preceding year. 7. If more than one service or improvement shall be recommended by the Council, the ratepayers shall vote oa each separately, but at one and the same time. The lists after every meeting shall be endorsed and carefully filed away to serve as records. STREETS. BRIDGES, &c. 1. The public streets, roads, highways, lanes, sidevalks, bridges, squares and thoroughfares, and all public sewers, drains and ditches, and all public wells in the Town, and the expenditure thereon and maintenance thereof shall be under the control of the Committee of Streets, to be an- nually appointed by the C6imcil. 2. The Committee of Streets shall have and exercise within the limits of the Town all the powers and authority conferred by Section 12.5 tu Section 155 inclusive, of the Act of Incorporation ; and in respect of the Town's propor- tion of the Provincial Road and Bridge Grants, they shall have and exercise all the powers and authority conferred upon Supervisors or Commissioners under Chap. 46, Revised Statutes, Fifth Series. 3. The Committee of Streets shall have powder to make contracts for the supply of labor and materials for the streets, and for the use of such horses and carts as shall be, required for the purpose of tlie street service. 87 alks, |\vers, and lU be \& an- jrcise loi'ity If the )por- I shall jried Ivised [iiake the 111 be 4. The Committee of Streets shall have power, under direction of the Council, at any time, to enter into a private contract with any person or persons, to keep the streets of the Town, or any portion of them, in good order and repair, or to put that service up to public competition. 5. No such contract or letting shall be for a period of over one year, and the contractor, whether by private agree- ment or public competition, shall give bonds, with good and sufficient securities in such sum as the Council may name, for the faithful performance of the work. 6. The Council may, from time to time, in their dis- cretion, pay the contractor such proportionable part of the contract price, as they may deem just and prudent, but no money shall be paid, except on a certificate of the amount of work done, and that the same has been well and faith- fully performed, signed by the Superintendent, and counter- signed by the Chairman or two members of the Committee of Streets. 7. A Superintendent of Streets shall be appointed as provided in Section 138 of the Act. 8. It shall be the duty of the Superintendent, under the direction and control of the C'ommittee of Streets, to attend to the laying out, widening, elevations and repairs of the streets, roads and highways, the sweepage, cleaning and watering of the same, clearing away the snow and other like duties, and the making, repairing and improving of any bridges, drains, sewers, gutters, channels, pavements and sidewalks, and to give notice to the Committee of Streets of any nuisance, obstruction, or encroachments thereon. 9. The Superintendent shall keep such accounts of his proceedings, as shall be ordered by the Council or Committee of Streets, and furnish accounts, properly vouched, when- ever required to do so by the Committee of Streets. 10. No person shall break up the soil of any street or sidewalk, or alter the level thereof, without making appli- cation in writing to the Committee of Streets and obtaining their permission therefor, under a penalty of not exceeding ten dollars for each offence, and on non-payment thereof, to imprisonment i.i the jail for a period not exceeding twenty days. 11. No person shall erect any wood or other awning or projection over any sidewalk, without making application in writing to tb^ Committee of Streets, and obtaining their permission therefor, subject to such provisos and instruc- tions as they may impose, under a penalty of not exceeding ten dollars for each offence, and on non-payment thereof to imprisonment in jail for a period of not exceeding twenty days. • 89 POLICE FORCE. 1. The Council shall as often as occasion may require, select a Policinian or Policemen, who shall act as day and night watch of the Town of Kentville, and in the event of more than one Policeman being appointed, may select one of the number to be Chief of the Police. 2. The Policeman and all special and extra Constables, shall be under the authority, direction and control of a committee of Police, to be composed of the Warden, Stipen- diary MagiNtrate, and three members of the Council, to be appointed by the Council. 3. The Policeman shall be prompt to obey and carry out, all the orders and directions from time to time given, and shall serve processes civil and criminal, an<l make arrests within the Town, and under the direction of the committee of Police shall have nil the power and authority in all matters criminal, and in case of breach of the peace, and for preserving quiet and good order, which Sheriffs and Constables possess within their jurisdiction, and shall im- mediately report to the Town Clerk, or some member of the committee of Police, any violation or infraction of the Act of Incorporation, or of any bye-law or ordinance of the Town, or any case of breach of the peace, or of (juiet and good order, and any criminal matter within the munici- pality, that shall come to his knowledge. 4. He shall always be neat and clean when on <luty, vigilant in the exercise of his functions, strict in the enforce- ment of all orders and instructions, and courteous in his intercourse with the public. 5. He shall not smoke when on duty, nor enter into conversation with any one except in so far as it may be necessary in the performance of his duty, nor enter any tavern, shop or house, except in the performance of his duty, or when ordered to do so by the Warden, Recorder, Police Committee, or a Councillor, nor shall he remain in such tavern, shop, or house longer than is necessary for the dis- charge of his duty. 6. He shall be on duty at such times and during such hours as the Police Committee may appoint, and shall report himself at the Town Clerk's Office daily at ten o'clock, a. m , and every two hours throughout the day, to receive and carry out any orders. 7. Ho shall enter each day in a book to be kept for the purpose at the office of the Town Clerk : The hours of commencing and leaving duty. Tlie duties [)erformed during tlin day. Any matter tiiat it may be neci-ssary for the Police Committee to ho ajiprised of. and any complaints that it m.ay be necessary to make. Any contr.i.vention8 of the Act and Bye-Laws of the Town. Any suggestions that ho may consider of service in the pablic interests. a. b. c. d. e. 1 sf sa ut i ce- lls into be any ice uch dis- uch mil ten ', to 8. He shall order the removal of any nnifianoc on the streets or sidewalks togctlicr with any obstructions on the same, and in the case of the neglect or refusal of the proper person to remove the same he shall entt'r a complaint against the party. 9. He shall not engage in any business, or in any duty, unconnected with his office. 10. He shall be dismissed if found guilty of being intoxicated when on duty, and he shall be liable to be fined, suspended.or dismissed for any violation of these regulations, or any others, or of any orders of the Warden, Recorder, or Police Committee. 11. He shall make himself familiar with the Act of Incorporation, and all the Bye-Laws and Ordinances of the Town ; and shall use all lawful means in his power to enforce the laws and ordinances for the government and the preser- vation of the peace and good order of the Town. 12. He shall be in attendance at the Municipal and Police Courts at all times when said courts, or either of them are sitting. 13. The Committe of Police shall cause to be entered in a book any special order or direction in regard to Police matters ; which book shall be in the custody of the Tovrn ('lerk, and shall be at all times open to the inspection and guidance the Policeman in the discharge of his duties, which order the Policeman shall be bound at once to obey and carry out. 14. The Council shall from time to time fix and appoint the fees, salary and emoluments to be paid to the Policeman. 15. The Policeman when detailed to serve civil process and execute writs for the Civil Court, shall, before entering upon that duty, give security in such sums as the Council shall direct, for the due and faithful accounting for, and paying over any money that may be collected by him, or come into his possession or under his control. 16. If more than one Policeman shall be employed by the Council, these and all other regulations shall apply, and shall in all respects be conformed to by each of them. SPECIAL AND OTHER CONSTABLES. the to he take. rests. 1. Special and other Constables may be appointed from time to time in the manner and for the purposes pro- vided by the Act. 2. Their duties are defined in Section 238 to Section 251 of the Act, and they are required to make themselves familiar therewith, IMAGE EVALUATION TEST TARGET (MT-S) // :/j 1.0 I.I 1.25 ;■ IM |||||Z2 1^ III 2.0 1= U III 1.6 V] <^ c* ^ a /2 % » ■en '/ \ Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 873-4503 # iV «b <^' <»•■ O^ 90 3. The names of persons appointed Constables other than Special (Constables, shall be posted up inside the Town Office, and exhibited in prominent places in the Town with- in one month of their being appointed and sworn in. HEALTH WARDENS AND INSPECTORS. 1. The Town Council shall annually appoint one or more ratepayers to be Health Wardens and Inspectors. 2. The said Health Wardens and Inspectors shall, within the limits of the Town of Kentville, have all the powers given to Health Wardens and Inspectors in the City of Halifax and elsewhere, under Chapters 26 and 27 of the Revised Statutes, fifth Series, or any amendment thereof. 3. The Town Council shall have and exercise, within the Town limits, all the powers conferred upon the County, General and Special Sessions, under said Chapter. 4. All penalties for breach of any of the provisions of said Chapters, shall be sued, enforced and collected in the name of the Town of Kentville. for the benefit of the Town of Kentville, in the Municipal Court of said Town. ,5. The Town Council shall pay out of the funds of the Town, all expenses incurred, by their directions or authority, in carrying out the objects expressed in said chapter. AUCTIONEERS' LICENSE. 1. No person shall within the Town of Kentville, exercise the Office of Auctioneer, or sell at public vendue, any real estate, goods or chattels whatever, without being licensed thereto by the Council, which license shall be granted on application to the Committee of Licenses, and be signed by the Warden and Town Clerk. 2. The fee for such license shall be ten dollars, but may be from time to time altered by the Council, and shall be paid at the time of application therefor, and if any person, without such license, shall sell any real estate, goods or chattels at public auction, he shall forfeit and pay a sum not exceeding ten dollars for each offence to be sued for and recovered in the name of the Town of Kentville for the use of the Town. Nothing herein contained shall extend to SherifTs, or Officers of Justice, .selling under pro- cess of law or by direction of any Court. 91 TRANSIENT MERCHANTS, PEDLARS, &c. 1. Every transient merchant, trader, pedlar or a^ent of any kind or description, coming into the Town, and ottering goods, wares or nierchandise of any kind or description for sale, shall pay a sum not exceeding twenty -five dollars for the first month or part of a month, and for each succeeding month or part of a month, that he shall afterwards continue in the Town, and carry on such business as aforesaid, up to the period of six months, shall pay in addition thereto the sum of not exceeding four dollars. Any person violating this section shall be liable to a fine not exceeding ten dol- lars for each offence, and in default of payment, may be imprisoned for a period not exceeding twenty days. 2. Every merchant, butcher, fishmonger, trader or pedlar of any kind or description, who is not a resident and ratepayer of the Town, trading and doing business in the Town without first obtaining a license for the purpose, to be granted at the discretion of the Council and signcl by th" Warden and Town Clerk, for which the applicant shall pay at the rate of not exceeding fifty dollars per annum, shall forfeit a sum not exceeding ten dollars for each offence, and ii. default of payment shall be liable to imprisonment in the jail for a period of not exceeding twenty days. 3. No person who is not a ratepayer of the Town, shall ask or solicit any person to subscribe for, take, or buy any book, chart, drawing, or picture of any kind, without first obtaining a license for that purpose, such license to be granted at the discretion of the Committee of Licenses, and k> be signed by the Warden and Town Clerk, for which the party applying shall pay the sum of not exceeding five dollars. Any person violating the provisions of this section shall forfeit a sum not exceeding ten dollars for each offence, and in default of payment shall be liable to be imprisoned in the jail, for a period not exceeding twenty days. TRUCKMEN'S REGULATIONS. 1. No person shall drive any truck, cart, sled, or carriage for the transportation of goods, wares and mer- chandise, or other things whatsoever, within the Town of Kentville for hire or wages, unless he shall be licensed as a truckman, under a penalty of five dollars for each oftence. License to be granted on application to the Warden and Committee of License. 2. Two dollars and fifty cents shall be the license fee fur the first horse, and one dollar for each additional horse, and shall be paid annually. Licenses shall expire on the first day of March in each year. 3. Every licensed truckman shall cause the initial letter of his christian name and his surname in full length, and also the number of his license, to be painted in large legible characters upon each side of his cart, truck or sled, and so continue the same under a penalty of one dollar for every day that he shall drive his cart, truck or sled without hav- ing his name and number so presented thereon. 4. No person under the age of sixteen years shall be f>ermitted to drive a truck, cart or sled for hire, and the icense-holder of every cart, truck or sled shall be answer- able and accountable for the good conduct and behavior of such driver as he may employ, and of the observance of all the regulations made or to be made relative to truckmen. 5. No truckman, whose license shall have been taken away or suspended, shall drive any cart, truck or sled within the Town for hire without obtaining permission or a new license therefor. 6.^ The Committee of Licenses shall from time to time regulate and prescribe the charges to be made for trucking within the Town, and any Truckman who shall demand or receive any greater rates or fares than is allowed or pre- scribed from time to time shall forfeit his license and pay a sum of not exceeding five dollars. POUNDS AND POUND KEEPERS. 1. Suitable Pounds may be erected by the Council in any convenient locality, and the Council shall annually appoint a keeper for each Pound. 2. Whenever any animal is impounded for the breach of any bye-law or ordinance of the Town, the keeper, in case the owner of such animal is known to him, shall give him notice of such impounding' as soon as practicable, and if within two days after ^aid notice, or within five days after the impounding of the animal, where the owner is unknown, the owner of said animal shall not rei.leem and remove it, and pay the forfeiture incurred, the Warden shall issue an order for the sale at auction of such animal, and in such case the balance, if any roniaining, after deducting the forfeiture and expenses of sale, shall be paid to the owner, if applied for within three months from day of sale, and if not so applied for, shall go to the use of the Town. 3. Before any animal impounded for the breach of any bye-law, shall be released, the owner thereof or party apply- ing for the release, shall pay the following forfeiture to the pound keeper, together with and in addition to, fines im- posed under any bye-law or ordinance of the Town : — For notices when given, Kecjier unlocking pound, Keeper releasing the aniinftl, For providing provender for the animal in pound, for each horse, colt, asx, mule, cow or other neat cattle, sheep or iwine, each day, For goat or goose. •0.25 .20 .20 .SO .10 RELATIVE TO HORSES. &c„ GOING AT LARGE IN THE TOWN. 1. Horses, colts, asses, mulos, oxen, cows, and other neat cattle, sheep, svine, goats or geese going at large, shall forfeit and pay the following amount for each and every horse, colt, ass, mule, ox, cow or other neat cattk>, sheep, swine or goat, the sum of fifty cents for the first otfence, and one dollar for every subsequent oft'ence, and for every goose, the sum of ten cents for the first offence, and twenty- five cents for every subsequent otfence. This fine to be re- covered in the Police Court in the name and for the benefit of the Town of Kentville, and shall be recoverable whether the animal shall have been impounded or not. 3. The Police Constable or any other person, may im- pound any horses, asses, mules, oxen, cows and other neat cattle, sheep, swine, goats or geese, going at large in any street, lane, or other place within the Town of Kentville. 4. The Stipendiary Magistrate or person presiding at the Police Court, shall on the application of any party, issue a summons or warrant to bring the party, whose ani- mal has been found going at large, before him for trial. 5. If the owner of any animal found going at large and impounded, does not pay on conviction the fine imposed, the Stipendiary Magistrate, or officer presiding, shall order the animal so found going at large, to be sold at Public Auction, on the day following such conviction, unless the owner shall have previously paid the fined imposed, together with all the expenses consequent on the seizure and keep of the ani- mal, and on the sale after deducting the fine, the expenses of the seizure and keep of the animal, and the expenses of the sale, the balance shall be paid to the owner. 6. Nothing herein contained shall be construed to restrain or limit the right to impound any horse, colt, ox, cow, pig, goat or goose going at large. fy- he EXHIBITIONS. 1. No theatrical exhibition, or public show,or exhibition or concert, except such local or charitable entertainments as may be specially licensed by the Warden and License Com- mittee, to which admission is obtained by the payment of money, shall be offered to view, set up, maintained, carried 94 on, or pul iecl within the Town, without a license first had therefor, which license may be granted by the Warden, on the payment of a fee or sum not less than one dollar, nor more than thirty dollars per day, the amount to be fixed by the Warden, and expressed in said license. Every license shall express the number of days it is to continue in force, and such license may be renewed on terms to bo fixed by the Warden. 2. All such exhibitions and concerts shall be closed at nijifht by the hour of eleven o'clock. Every person who shall offer to view, or shall set up, set on foot, m9intain or carry on, or shall publish, or otherwise assist in any thea- trical exhibition, or concert, public show, or exhibition of whatever name or nature, to which admission is obtained on payment of money, without a license previously obtained from the Warden, agreeable to this ordinance, shall forfeit and pay to the Town for every offence, a fine not exceeding sixty dollars, and in default of payment, shall be liable to be imprisoned in the Lock-up or County Jail, for a term not exceeding twenty days. 3. Any person having charge of such an exhibition or concert, who shall keep the same open at night, beyond the hour herein prescribed, shall forfeit his license and pay a fine not exceeding ten dollars, and in default of payment shall be imprisoned in the County Jail or Lock-up of the Town, for a period not exceeding twenty days. 3. The Warden may withdraw the license, and order the exhibition or concert to be at once closed, if it appears to him that it is immoral, profane, or indecent. DOCS. 1. The owner or owners of dogs within the Town shall pay annually a tax of one dollar for every dog owned by him or them, or kept in his or their possession, such tax to be due and payable on or before the first day of July in each and every year ; and tiie owner of every dog shall cause a collar to be placed round the neck of siid dog with the owner's name thereon and the number of his registry, and in default of such collar so placed shall forfeit the sum of one dollar ; such tax and penalty to be sued for and recovered in the Municipal Court of the Town. 2. Any person on being convicted before the Stipen- diary Magistrate or person presiding in the Police Court, of keeping any dog which may have injured any person by biting, shall be subject to a penalty of not less than one dollar, nor more than ten dollars, and the dog so biting, 0i may be orrlered by the Stipendiary Magistrate, or person presiilinff, to be forthwith destroyed by a Constable. 3. It shall be the especial duty of the Police Constable, at all times to attend to and enforce these bye-laws, and to report any infraction of them to the Stipendiary Magistrate, Warden, or a Councillor. 4. The Council may make regulations in reference to do£»s going at large, or congregating within the limits of the Town, and impose penalties fur the breach of the same ; and may order any dog going at large the owner of which cannot be ascertained, to be destroyed. DISCHARGING FIREARMS, &c. 1. No person shall fire or discharge any gun, rifle, fowling piece, revolver, pistol, or other species of tire-arms, except in the di.scharge of some military duty or exercise required by law, in or upon any street, .square, thoroughfare, alley, road or by-road within tlie Town, or within five hundred feet of such street, .square, thoroughfare, alley, road or by-road, under a penalty not exceeding two dollars for each and every offence. 2. No person shall be intoxicated, or feign to be intoxi- cated, or .shout or make any unusual noise calculated to disturb or annoy the inhabitants, in or upon any of the streets, highways, lanes, .squares or thoroughfares of the Town, under a penalty of not exceeding five dollars for each offence ; and should such shouting or noise occur in the night time, the person oflfending shall be liable to a penalty of not exceeding ten dollars for each offence. 3. Any person who shall, by insulting or abusive lan- guage or behaviour, taunting epithets or threatening ges- tures attempt to provoke any other person to commit a breach of tlie peace, in any public street, thoroughfare, alley, road, lane, .square, or at any public re.sort, or within any building within the Town, whereby a breach of the peace may be occasioned, shall bo liable to a penalty not exceeding ten dollars for every such offence. 4. No person shall burn conbu.stible material of any kind or description in or upon any of the sidewalks, streets, highways, squares, or thoroughfares of the town, under a penalty of not exceeding five dollars for each offence. 5. In default of payment of the penalties named in the four immediately preceding sections, the offender shall be liable to imprisonment in the county jail for a period of not exceeding twenty days. / MISCELLANEOUS. 1. Every officer appointed by the Council shall, within one week after being notified of his appointment, take and subscribe an oath that he will faithfully perform the duties of his office to the best of his ability, which oath shall be administered by tlie Warden, Stipendiary Magistrate or a Councillor. (See also Sections 58, 84, 138, 243, 245 and 250 of the Act). 2. The Firewards and Fire Constables appointed b\ the Council shall perform the duties imposed, and shall have all the authority and powers conferred upon them respectively by sections 156 to section 1G4 inclusive of the A. '. 3. The assessment rolls of the Town shall be open for the inspection of an}' ratepayer (»f the Town, free of charge ; and any other documents ot the Town, including petitions, reports, and other documents on file in the office of the Town Clerk, shall be open to the inspection of any rate- payer of the Town upon the payment of a fee for a search of twenty -five cents; and any ratepayer of the Town shall be entitled to a copy of any such petition, report, or other document on file as aforesaid, on payment to the Town Clerk therefor, of the sum of ten cents for every folio of ninety words. 4. When the term Town or Town of Kentville is used in the foregoing Bye-Laws and Ordinances, it shall be taken to mean the incorporated limits, unless otherwise particularly described. PUBLIC PROPERTY. 1. The Council shall have full power to manage the real estate of the Town, to improve and ornament the same and to lease the for any term not exceeding ten years, and on such conditions as they shall see fit, and for any period exceeeding ten years, by and with the consent of the Gov- ernor-in-Council. 2. All the leases and deeds shall be under Town Seal, signed by the Warden and countersigned by the Town Clerk. 3. Any persons found contravening any of the provi- sions of section 251 of the Act shall be liable to a penalty of not exceeding ten dollars for each offence, and in default of payment to imprisonment in the jail for a period not ex- ceeding twenty days. iiivei .."J 5C'jua I1ALIFj\X, n, s-