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 /r^-7 ; J 
 
 ACT %t:' INCORPORATION 
 
 BYE-UW'S iip: ORmNANOBS 
 Town OFviKEiNTVILLE. 
 
 ■ «>. ■ 
 
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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. 
 
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 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. 
 
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 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, 
 
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 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. 
 
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 .20 
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 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. 
 
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 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, 
 
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 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. 
 
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