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T. tV AV H - 
 
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 0£2SI£JJi.3^0S@ 
 
 ' O^-. 
 
 jiki.aiim: ■!•(» riii; 
 
 TO"WN OF TRURO, 
 
 iV<>Ya» Hcotia. ^ ) 
 
 S4 E c o IV r> K r> n^ I o IV. 
 
 ::r:5 
 
 Puhlishvd hy Order of the Town Council. 
 
 
 TRURO: 
 W. H. ALIJ-:V, I'RIN'l'KR. 
 
 I S79. 
 
1MIEFA(JE. 
 
 This small Noliimc is the result of a compilation, and contains the 
 laws s])cciaily affcc tiiii^ the 'I'own of Trun), ami the 'J'own Ordinances 
 in force on the fifth day of March last. The manuscript has been jire- 
 pared for the i)riiiter by the subscriber, in accordance with a resolution 
 of tlie 'I'own ( Council, the Council bein^' desirous that the citi/ens 
 shouKl be informed of the laws i)y which they are go\erne(l. However 
 inlriiate some of these laws, rii^htly or wronj^ly, may be considered ; it 
 camiot be contended that they are voluminous, wherefore'explanations 
 about the arrangement of the work are scarcely necessary. 
 
 Part I contains the enactments of the Legislature of Nova Scotia, 
 specially affecting the Town of 'I'ruro. 
 
 Part II contains the Onlinances of the Town of Truro, made by 
 tlie ( 'ouncil, and approved of by the (lovernor in Council, many of 
 which have the force of direct Legislatixe I'Jiactments, under Section 
 i,^, Chapter 49, .\cts of 1S76: while tlie others (except No. XXII of 
 Water \\'f)rks) designated by the prefix of an asterisk, (*) or parts 
 thereof not so designated, but printed in Italics, were made by the 
 Council under Section 37 of Chapter 47, Acts of 1875, and approved 
 of by the Covcrnor in ('oimcil on the fifth day of March, 1878, and 
 lherefi)re are as binding in law as those confirmed by Act of Parliament. 
 The Water Works Ordinance was jjassed by the Council fourth of 
 August, 1876, and ai)proved of by the dovernor in Council the twenty- 
 third day of the same month. 
 
 Part III contains Miscellaneous Rules concerning the T(jwn Court 
 and the Police Force. 
 
 In .Xppendix A will be found some forms prescribed by the Town 
 Counc.il. A])])endix 15 contains His Honor Judge Blanchard's Judg- 
 ment on the Li(iuor suits taken from the Town to the County Court 
 under writs of C^ertiorari, being the first important finding of a Judge 
 on our Town Laws, fi)r which reason, and also on account of having 
 been a])])ealed for the decision of the full Bench of the Supreme Court, 
 I have thought well to incori^orate with these Laws and Ordinances. 
 
 My aim has been to make this edition of the "Town Laws" a 
 reliable authority, stamped by the impress of the existing laws, and not 
 a confused mass of legislation that cannot be verified by Parliamentary 
 Hnactments. 
 
 ISRAEL LONCiWORTH, 
 
 Mayor. 
 Truro, March 17th, 1879. 
 
I 
 
5- 
 (1. 
 
 7- 
 
 8. 
 
 y- 
 
 lo. 
 
 14. 
 
 '5- 
 ■7- 
 
 ig. 
 20. 
 
 ^3- 
 ->4. 
 
 25. 
 
I 
 
 PART I. 
 
 OK THE 
 
 LEGISLATURE OF NOVA SOOTIA 
 
 ESrKCIAI.I.V AFKI,< TIM; Till: 
 
 TOWN OF TUUlU). 
 
 TIT LI-: I. 
 
 ClIAI'I'KK 47. 
 
 iS X'ICIOKI.]-. 
 
 AN ACT TO INCORPORATE THE TOWN OF TEURO. 
 
 (I'lxsscil tliL' 6th clay "f May. A. I ). 1S751. 
 
 Ski IKIN. 
 
 9- 
 10. 
 II. 
 
 '3- 
 
 14. 
 
 '5- 
 16. 
 
 ■7- 
 
 18. 
 
 ig. 
 21). 
 
 24. 
 25. 
 
 IiiDorpMratiiiM uf "Tiiwii uf 'IViiri)." 
 'I'd liavu- all |iri\ ile,i;cs usually uiijoycd 
 
 l>y C'lirpur.iliiiiis, 
 Hoiimlary uf Town. 
 Division ofl'ouii into Ward-. 
 Ward Nn. I. 
 Ward Nu. ■^. 
 W.ird .No. J. 
 ■I'own Coiniril. 
 (Jiialilii.atioii necessary lor .Mayor or 
 
 C'ouiii.illor. 
 (Jiialilic-alioii of |-',lci:tors. 
 ICIui;tioii>., when liL'ld, iS:c. 
 f)f Kctiriii;; CoiiiMilliirs. 
 Klui;lioris, liow ((jiuluiti'd. 
 Oatli to lie lakci] hy per-oiis oflerin,!^ 
 
 to vote. 
 Kleclors to vote in ward wherein tliey 
 
 reside. 
 I'drni of oath nienlioned in preii-ilini; 
 
 section. 
 .Manner in whicli candidates shall he 
 
 proposed. 
 Time cjf (jpiMiins and clusiiii; pulls. 
 Vote by ballot, iKic. 
 Ballot hoxes. 
 Description of ballot. 
 Presidinji Ofllcer, Ovc, not to .i,dve 
 
 b.-dlot to any voter. 
 Penalty. 
 
 liallots e.vceedintr votes. 
 Poll list. 
 l*ecl.ir.ition. 
 Caslint; vote, 
 (-"losing poll. 
 
 Penally for votin.i; ille:;ally. 
 Penally for forL;i:ry, iVc. 
 Return of Candidates. 
 
 Sl-.l I ION. 
 
 2(1. I'.lei lion of .Mayor. 
 
 27. Result of election to be publisli -d. 
 
 28. Oaths of .Mayor or I ■.nmcdlors. 
 2C). I )uties of .Mayor. 
 
 ^o. I )ulies .Mill pow, Ts of ( olHK il. 
 
 31. Ditlo. 
 
 j2. .Meelin..;s. 
 
 35. Ma\..r lo presiile al nueiinijs. 
 
 34. Ollh-ers app.iinied by Cum. il. 
 
 3=;. Duly of Clerk. 
 
 3". P.ye laus lo specify duties of ofli.s.rs. 
 
 37. Coun.:il lo iiialie and repeal live l.nvs. 
 
 38. Of'l'ouji Properly. 
 
 3y. Town to besep.arate in school sei lions. 
 
 40. .Auditors, their diuies, ,S:c. 
 
 41. On report of Auditors C.'ouiiiil lo pass 
 
 accoiMils, 
 
 42. .Viiditors' staleinc'nt to b..- published. 
 
 43. (.'ouncil lore.utd.itepavMiem ofmonevs 
 
 44. .\niuial nieelini; of rale p.isers, pr,,. 
 
 ceedin:;s at, >S;c. 
 
 45. Debenturi's. 
 
 46. I >t-bentures interest, when r.-d<-eni.dile 
 
 47. Water supply. 
 Loans. 
 
 Tenders theref <r. 
 1 )elientures. 
 I'aynient. 
 
 .■Xssessinent for interest on loan. 
 
 48. Sinking; fund. 
 
 49. District No. i. 
 
 50. Ivvistinj; arrani;enienls Ufit to be ibs. 
 
 Iiirbed till first election takes place. 
 
 51. Salaries to be fixed by Council. 
 
 52. Council to carry out past contracts of 
 
 i'own. 
 
 53. Inconsistent l.m repc-aled. 
 
Iih.iiriiiiralii'ii 
 lit ■■ I uWII 1.1 
 
 'I rili'i. " 
 
 'In have ,ill pri- 
 ( iiriMiiMiiirii. 
 
 iMIKl 
 
 i» II. 
 
 'H 
 
 I liv i>iiin 111' 
 I'liwii iiitw 
 Wards. 
 
 \V;inl N. 
 
 \\:UlI No. j. 
 
 At:i' OK i.\( oki'okAi loN. 
 
 Ik- it cn.'ictccl by the ( i<)\t:rn(ir, Council and Asscni- 
 l)l\' a.s follows: — 
 
 I. The iiihahitaiits of tlu.> Town of Truro within 
 the liniils hereinafter defnieil, arc constituted a body 
 corporate and politic b)' the name of the "Town of 
 Truro." 
 
 J. They shall, as a corporation, ]ia\e perpetual 
 succession and a common seal, chan;_;eal)le at pleasure, 
 ami shall be cajjable of suin^- and beiiii^^ sued in all 
 t!ourts of Justice, and of acc|uirini(, holdinj^ and con- 
 veying; an\' description of propert)-, real, j)ersonal, or 
 mi.xed, and shall ha\'e all the other ri,L;hts usuall)- had 
 or enjo)'ed b\' corp(»rations. 
 
 3. The Town of Truro shall be bounded as follows, 
 that is to say : 
 
 Hej^inin'ni,'' on the Salmon Ri\'er at or as far down 
 as the west line of Da\'id T'ulton's farm, thence south- 
 wardly by such line to the rear base line of the lon<r 
 front lots, tiiencc wcstwardl)' b\' such base line to tlic 
 old ilalifa.x road, thence northward!)- on such road to 
 the junction of the road leading;' to the Lower \'^illa_c,fc, 
 tiience northwardly to the western line of the Trurci 
 Cemetery, and continuinf.,^ the same course west and 
 east to include the Roman Catholic i;rave-yard till it 
 comes to the Marsh road, thence north or by the line 
 of fence dividin.i;' the upi)er from the lower di\'ision of 
 marsh to the Ba)-, thence up stream of the Hay and 
 Salmon River to the place of be_^•inninL,^ 
 
 4. The Town shall be divided into three Wards, 
 as follows : — 
 
 Ward Xuuiber One. 
 
 To include all that portion of the Town lyinq; to 
 the west of a line extended in a south direction from 
 Salmon Ri\-er through the centre of Park Street to the 
 centre of Oueen Street, and of a line throuf^h the centre 
 of Revere Street leadinj^ from Queen Street to Prince 
 Street, and a line through the centre of Dominion 
 Street leading" from Prince Street to the railway track- 
 continued to the south boundary line of the Town. 
 
 IWrrd Nu tuber Tik.'o. 
 
 All that portion of the Town lyin^ to the east of 
 such lines and to the west of a line from Salmon River 
 in a south direction through the centre of Logan Street 
 
 \ 
 
(1 Asscin- 
 
 iro uitliin 
 
 xl a hoilv 
 
 TcnvM of 
 
 pc-rpi'tiial 
 pleasure, 
 led in all 
 and con- 
 rsoiial, or 
 iiall)' had 
 
 s follows, 
 
 far down 
 ce scnilh- 
 tlic loii^ 
 lie to the 
 1 road to 
 r Villaji^c, 
 he 'I'ruro 
 west and 
 ard till it 
 ,' the line 
 i\'ision of 
 hiiy and 
 
 e Wards, 
 
 lyinjT; to 
 ion from 
 :ct to the 
 he centre 
 to Prince 
 )o minion 
 -ay track 
 fown. 
 
 ic east of 
 on River 
 m Street 
 
i 
 
 to P 
 
 m 
 
 
ACT OF IXCOKroKAl lo: 
 
 
 I 
 
 r,l N, 
 
 r .r 
 
 to the centre of Queen Street, .ind of a line llircuL;!! 
 the centre of Church Street leacUni;- from (Jueen Street 
 to Prince Street, and of a Vine through the centre of 
 In;.dis Street leadint,^ from I'rince Street to the rail\\a)' 
 and continued to tlie south bountlary hne of tlie 
 Town ; and 
 
 Ward XiiDilu-r Tlirre. 
 All that i)ortion of the Town l\'in_L; to the east of \\ 
 the line from Salmon Ri\er throui;]! the centre of 
 LoLjan Street and Church Street and Iii'dis Street to 
 the South boundary line of tlie Town, and west of the 
 eastern boundary of the i'own. 
 
 5. The Cor[)oration shall consist of a Mayor and r,,«:, i,„ 
 six Councillors, residents of the Town, who shall con- 
 stitute the Town Council, to be elected b\- the rate- 
 pa)-ers thereof. Such Mayor antl Councillors shall be 
 t\v officio Justices of the I'eace within the limits of the 
 Town. 
 
 6. The cjualification of a candidate for the office (,)iiaiirM.u 
 of Ma)'or or Councillor shall be the possession of one M;m,Tnr 
 thousand dollars real and personal property beyond '-'■'"ii'-iii"'-- 
 any amount he may justly owe. 
 
 7. All male residents of the Town, who shall ha\e (^)uaiiruati,.u 
 been so for at least one year next pre\-ious to tJnj "''''■'''"'"■"■ 
 election, beinj; natural born or natural i/.ed subjects (jf 
 
 Her Majesty, of the full a<4"c of twenty-one \-ears, and 
 who shall \yA\'Q been assessed for the sum of one hun- 
 dred and fift}' dfjllars of real estate, or three hundred 
 dollars of real and personal estate combined, or three 
 hundred dollars of personal property w ithin the cor- 
 poration for the year previous, and shall ha\e paid the 
 rates thereon, or thou<j^h resident without the Towti 
 shall own real estate tlierein of the \alue of three hun- 
 dred dollars, and shall ha\-e been assessed and paid the 
 rate tliercon durinj^" the \-ear i)recedinj^ the election, 
 shall be qualified to vote a: any election of Mayor or 
 Councillor. 
 
 8. The first election .'r Mayor and Councillors ^;|^.,.,|,„„ 
 shall be held at an}- time not later than the first Tues- "Iii^^i'IilI,!, >>;; 
 day of May, A. D., iH/cS, to be fixed by the Governor 
 
 in Council. At such election a Ma\'or, to hold office 
 until tlie close of the second municipal \'ear, shall be 
 elected by all the wards, and two Councillors, of whom 
 one shall retire at the end of the first }-ear as herein- 
 
ACT OF I.NCORrORATIOX. 
 
 or K'-lii-iiii; 
 I iiiiiii.illors. 
 
 after provided, sliull be elected b\' each ward. Sub.se- 
 (luent elections shall be held on tlie first Tuesday of 
 May in each and every )ear ; at each of w liich one 
 Councillor to liold office for two )'ears shall be elected 
 by each ward, and a Mayor to hold office for one )ear 
 b\' all the wards. One Councillor from each ward 
 shall i(o out of office at the end of each \ear, but shall 
 be elii^ible for re-election. The i)residinj.; officer to be 
 appointed b)' tlie (jovernor in Council under this sec- 
 tion shall t4"i\-e notice of such election for fourteen days 
 b)' ad\-ertiseinent in a newsi)aper if an\-, jjublished in 
 the Town of Truro, and by handbills j^osted therein. 
 
 9. \t the close of the first }-ear tlie Mayor shall 
 draw lots to determine whicli of the Councillors for 
 each Ward shall retire. In succeedinL,^ years the senior 
 Coiuicillor of each ward shall retire. yXny person elect- 
 ed as Ma)'or or Councillor and refusint^ to serve shall 
 forfeit the sum of I<\)rty Dollars to the use of the Town. 
 I'rox'ided that no IMayor or Councillor, who shall have 
 ser\'ed for • 1 term, shall be subject to fine for non- 
 acceptanc -. . )ffice on re-election until the expiration 
 of three }•.. .-. Oom the date of his first or previous 
 election. 
 
 10. The first election shall be conducted by a 
 presidin<^ officer— to be appointed hy "ihc Covernor in 
 Council — who shall a])j)oint a deputy presidin<,r officer 
 and Inspector and Poll Clerk for each Ward. Succeed- 
 UY^ electi(Mis shall be conducted bj'presidini.,^ officers and 
 Inspectors to be named by the C(nmcil, toj^^ether with a 
 poll clerk for each ward. Notice of the time and place 
 of holdin<.j elections shall be posted up in the case of 
 the first elections by the presidinu^ officer appointed by 
 the Governor in Council, and of succeedinj^' elections 
 by the Council, in two of the most public places in 
 each Ward of the Town, for ten da}s previous to the 
 holdiuL^ of an}- such election. 
 
 o.ithtohftak- n. Any person offerini;' to \'ote at any election 
 oiknnK''io'v'utc shall, if required by the presidin*.^ officer, or other per- 
 son (jualified to vote, make oath that he is qualified to 
 vote at such election, and that he has paid his poor 
 and county rates for the year pre\'ious. 
 i.ioi..rst,jvote 12. lu'er)' elector shall vote in the Ward wherein 
 in they resitio. hc rcsidcs, or, if a resident without the Town and as- 
 sessed upon property of the required value within the 
 
 \\\c' linlls, llow 
 C'lUliuctuil. 
 
J. Subse- 
 rucsday of 
 uhich one 
 be elected 
 >v one year 
 jach ward 
 •, but shall 
 Ticer to be 
 :v this sec- 
 rteeii days 
 iblished in 
 tiierein. 
 a\'or sliall 
 cillors for 
 the senior 
 rson elect- 
 >erve shall 
 the Town, 
 shall have 
 e for non- 
 LW'piration 
 • previous 
 
 :ted by a 
 
 Dvernor in 
 
 nv^ officer 
 
 Succced- 
 
 fificcrs and 
 
 her with a 
 
 and place 
 
 he case of 
 
 )ointed by 
 
 elections 
 
 places in 
 
 Dus to the 
 
 y election 
 
 other j3er- 
 
 Lialified to 
 
 his poor 
 
 d wherein 
 n and as- 
 .vithin the 
 
Town, 
 situiitc 
 section 
 so as t( 
 the To 
 
 "I, 
 of Trill 
 unless 
 twenty 
 Lady t 
 18— I 
 Jntiidre 
 dollars 
 of real 
 bcv, an 
 is in w 
 voted \ 
 bein;^f 1 
 
 13- 
 Counci 
 payers, 
 Ward 
 their n; 
 presidi 
 and in 
 three 
 electioi 
 shall I 
 conspi( 
 the cl( 
 names 
 several 
 
 14. 
 in the 
 they rr 
 be poll 
 
 15- 
 ballot, 
 contaii 
 partly 
 elector 
 office A 
 each vi 
 spectoi 
 
ACT OK l.\( OI^I'ORATION. 
 
 Town, shall vote in the ward where such property is 
 situate ; and the oath mentioned in the precedini^ 
 section shall be as follows, to be modihed when necessary 
 so as to be made ap[)licable to i)ersons residin'^^ without 
 the Town and ownin;^^ property within the same: — 
 
 " I, A. IV, do swear tliat I ha\e resided in th.e Town i". rinnfo.-isii 
 of Truro for one s'ear or upwards, now next precedinL,^ pR'V'ihri '"t-. 
 unless temijorariiy absent; that I am of the ai^rcof"""- 
 twenty-one years and upwards, and am a subject of our 
 Lad}' the Queen ; that in the assessment for the \-ear 
 iS^ I was rated f<jr poor and county rates on (o}ic 
 Jiuiidird and fifty dollars of real estate, or three hundred 
 dollars of personal property, or three hioidred dollars 
 of real and perso)ial property eouibined, as the case may 
 bcv, and have paid the same in full ; that my residence 
 
 is in ward number , and that I ha\-e not before 
 
 voted at tiiis or any other election which is at this time 
 beinc; held for any other ward. So help me God." 
 
 13. All candidates for the offices of Ma}'or and ^'•v"'^'; '" . 
 Councillors shall be [)roposed in writinq' by two rate- d.ues siuiii i>e 
 payers, the Councillors b\' rate-pa)'ers residents of the i""!'"'*''''- 
 Ward for which the Councillors are to be elected, and 
 
 their names shall be handed in at the first election to the 
 presiding; officer appointed by the Governor in Council, 
 and in succeedin,L,^ elections to the Town Clerk, at least 
 three days pre\ious to the holding" of any such 
 election, and the jjrcsidins^ officer and Town Clerk- 
 shall post up the names of the candidates in one 
 conspicuous place outside and one inside where 
 the elections shall be held, and also furnish the 
 names of candidates for Mayor and Councillors for the 
 several Wards to any rate-payer desirini^ the same. 
 
 14. The polls shall be oj)ened at nine of the clock Time ot open- 
 in the forenoon, and close at four in the afternoon ; but pofu." '■"'''"*^ 
 they may be earlier closed by proclamation if no vote 
 
 be polled within an hour. 
 
 15. The votes shall be i;iven at tlie election by y"te by b;.iiot, 
 ballot. The ballot shall be a {)ai)er ticket which shall 
 contain in writin<T or printin<^, or partly written and 
 
 partly printed, the name of the person for whom the 
 elector intends to vote, desi^natinij on the back the 
 office which the person named inside is intended to fill ; 
 each voter shall deliver his ballot folded up to the In- 
 spector. The inspector shall ascertain that the ballot 
 
10 
 
 ACT OF INX'OKrORATIOX. 
 
 IS Hinj^- 
 
 itliout read 
 elector. 
 
 ing 
 
 the 
 
 it, and shall then, m the prcs- 
 deposit it without delay in the 
 
 Itallut 
 
 I irscriiuiiiu cif 
 
 e wit 
 ence of the 
 ballot box. 
 
 1 6. There shall be in the char<;^e of the officer 
 presiding one or more ballot boxes. When the Mayor 
 and Councillors arc to be elected there shall be two 
 ballot boxes in each Ward, to receive separate ballots 
 from each voter for the different officers. 
 
 17. No ballots shall contain more names than 
 there are p( >ons to be chosen to the office. No ballot 
 shall be rejected because found in a box to which it 
 does not belontr if otherwise correct, but a ballot if 
 
 double or containint^ more names than 
 
 legal shall 
 
 be 
 
 l'rc%iilinj; OlVi- 
 i.ir, I'tc, not ti) 
 «;.ve balliit lo 
 ;iny vciler. 
 
 liallots exceed- 
 ing voles. 
 
 rejected. 
 
 18. No officer presidinjr at any election nor any 
 poll clerk or inspector or officer of the Town present 
 thereat, shall give to any voter any ballot to vote with, 
 or oifer 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. Any such pre- 
 siding officer, poll clerk, inspector or officer offending 
 
 I'enaity. agalust this section shall forfeit for every offence a sum 
 not exceeding twenty dollars, to be recovered by any 
 person in the Police Court, or imposed as a fine in such 
 police court upon complaint and proof by any person 
 present at such election. 
 
 19. On opening the boxes if it is found that the 
 ballots in any of the boxes exceed the number of votes 
 entered on the poll list, the ballots of that box shall 
 be returned and well mingled, and then the presiding 
 officer shall draw out publicly as many of them without 
 looking at them as equals the excess, and destroy them 
 at once. 
 
 20. The name of each elector voting at such elec- 
 tion shall be written in a poll list to be kept at such 
 election by the poll clerk, and immediately after the 
 final close of the poll all the votes given in each ward 
 being sorted and counted and publicly declared by the 
 presiding officer and inspectors, shall be recorded at 
 large by the poll clerk, and in making such declaration 
 and record the whole number of votes or ballots shall 
 be distinctly stated, together with the name of every 
 person voted for and the number of votes given for 
 each person respectively, and the presiding officer shall 
 
 Poll list. 
 
 I )eclar.-itioii 
 
n the prcs- 
 lay in the 
 
 the officer 
 the Mayor 
 all be two 
 ate ballots 
 
 imcs than 
 No ballot 
 3 which it 
 I ballot if 
 il shall be 
 
 n nor any 
 n present 
 vote with, 
 person for 
 I with the 
 such pre- 
 offending" 
 nee a sum 
 ;cl by any 
 ne in such 
 ny person 
 
 : that the 
 ;r of votes 
 box shall 
 presiding 
 n without 
 troy them 
 
 such elec- 
 )t at such 
 
 after the 
 ;ach ward 
 ed by the 
 corded at 
 sclaration 
 Hots shall 
 
 of every 
 given for 
 ficer shall 
 
I 
 
ACT OF INCORPORATION. 
 
 I I 
 
 ]:)rocccd publicly to clcchire the jxjrsoiis haviii:,^ the 
 ;; majority of votes in their favour to be duly elected. 
 1 2 1. If there shall be at the final closin;j^ of the poll 
 
 an ccjual number of votes polled for two or more persons, 
 the presidin;; officer shall u;\vc a casLinL,^ vtjte for one or 
 other of the j)ers(jns havin;^ such ecpiality of votes, in 
 order to ^ivc a majority to one of them ; but nothini; 
 herein contained shall be construetl to jjrevent the pre- 
 sidinj^^ officer from votin:,'' jireviously U) the close of the 
 poll in the same manner as oihr ■ citizens may vote, 
 and in case of his beini,'' entitled to \'oLe in any ward 
 other than that in which he shall be apj)ointcd to pre- 
 side, he may _L,nve such vote by proxy, such |)roxy beini;' 
 in writini.f, and sij^ned and luu'in^ the receipt for taxes 
 of the iM'esidin^ officer .so votin^^ by proxy annexed 
 thereto. 
 iv 22. The presidiiiL,^ officer may at any time <,n"vc 
 
 public notice that unless some voter shall come forward 
 to [joll wij.hin one hour the poll will be closed, and if 
 no voter comes forward within the hour the poll shall 
 then be finally closed. 
 
 23. Any person knowiuLjly and wilfully voting 
 at any election held under tliis Act wlien not 
 entitled .so to v^otc ; any person voting in a ward 
 in which he is not entitled to vote ; any person 
 fraudulently putting in more than one ballot when 
 voting, and any person who shall vote in more than 
 one ward at any such election, shall, for every such 
 offence, forfeit and pay to the town a sum not less than 
 eight dollars nor more than twenty dollars, to be recov- 
 ered in the name of the Town of Truro, in the Police 
 Court, and in default of payment after conviction shall 
 be committed to the County Jail for a term not less 
 than thirty days nor more than six months. 
 
 24. If any person at any election for the purpose 
 of giving a vote shall knowingly and fraudulently offer 
 a forged or altered receipt for his rates and taxes, or 
 .such a receipt or certificate belonging to another per- 
 son as his own, or shall vote falsely under the assumed 
 name and character of any voter, he shall forfeit and 
 pay to the Town not less than eight nor more than 
 forty dollars, to be recovered in the name of the Town 
 of Truro, at the Police Office, and in default of payment 
 shall be imprisoned for not less than one month nor 
 
 Cl.v 
 
 P:<ll. 
 
 I'd) 
 
 ins 
 
 nil \ fur Mit- 
 illci,'..ll>. 
 
 I'L-ll 
 
 I'.iI-l; 
 
 iilty for 
 ery, v^.-. 
 
ACT OF IM (»RI'()|;A I I()\. 
 
 Kfliirii III t :iii. 
 (Ii<lati:s, 
 
 Kkction (jf 
 Maviir. 
 
 l<<-sllll 
 
 <,f .],;■ 
 
 liiiii t. 
 
 1)L- |Ull 
 
 lishcd. 
 
 
 Oaths 
 
 of 
 
 MaVDr 
 
 ur 
 
 t'ollllC 
 
 llors. 
 
 more tli.'ui six months, and in ever)' such case shall be 
 inca})ablc of voting; or lioldin.i^^ ollki in the Town for 
 seven years next after the offence. 
 
 25. Tlie officer presitlinj^^ at ever\- election shall, 
 on or before the next clay, make a return, in the case 
 of the Hrst election to the presidin'^ officer appfjintetl 
 by the ( iovernor in Council, and of subsecpient elections 
 to the town clerk, of the names of the persons ha\'ini;' 
 the majorit)' of votes, and declared b)- him elected, and 
 when an election of Ma\-or takes place, a return also 
 of the names of the candidates ami of the number of 
 votes ^ivcn to each. 
 
 26. In the first election of Ma)-or tlie presiding; 
 officer a])pointed as aforesaid, in succeeding" electif)ns 
 tlie Council, shall in public cause the return to be read 
 and the xotes fi)r each candidate summetl uj). and th.c 
 person who has the (greatest number of xotes in his 
 favour shall be declared to be tl;e Maxor on the day 
 of the election or the day followin^r. in case of an 
 equality of votes for ]\Ia)-or at the first election, the 
 presidin;^ officer aforesaid, and at succeedini^^ elections 
 the officer i)residini^ in Council, shall by lu's castini; 
 vote decide which of the candidates shall be Mayor. 
 
 27. The result of everv election of Mavor and 
 Councillors sh.all be jniblished in the next Royal 
 Gazette ncwsjiapcr after the election. 
 
 28. The Ma\or and Councillors shall, before enter- 
 \\v^ upon the duties of their offices, respectively be 
 sworn by takini^ and subscribin^i,^ the oath of allegiance 
 •and oath of office. These oaths shall be administered 
 to the Mayor elect before the Custos of the County, or 
 in his absence before two Justices of the I'cace for the 
 County. The Councillors shall be sworn to these 
 oaths by the Mayor or presidinj^ Councillor, a certificate 
 of such oaths having been taken shall be entered by 
 the Town Clerk in the town minutes. The oath of 
 office sliall be as follows : — 
 
 " I, A. B., do swear that I am duly qualified as re- 
 
 c[uired by law for the office of ; that I am seized 
 
 or possessed as the owner in my own rii^ht and for my 
 own use and benefit of real or personal estate, or both, in 
 the Town of Truro, of the value of one thousand dol- 
 lars beyond the amoimt of my just debts ; and that I 
 have not obtained the same by fraud or collusion to 
 
asc sliall be 
 c Town for 
 
 action shall, 
 in the case 
 r appointed 
 ■nt elections 
 ions ha\'in!_;- 
 -'Icctcd, and 
 return also 
 number of 
 
 I 
 
 -• presidint,'- 
 i,l;' elections 
 to be read 
 ip, ant! the 
 lotes in his 
 m the day 
 case of an 
 lection, the 
 L,^ elections 
 ;iis castinLj 
 J Mayor, 
 davor and 
 cxt Royal 
 
 .'fore enter- 
 actively be 
 
 allegiance 
 ministered 
 County, or 
 icc for the 
 1 to these 
 
 certificate 
 ntered by 
 he oath of 
 
 fied as re- 
 am seized 
 nd for my 
 or both, in 
 jsand dol- 
 nd that I 
 illusion to 
 
•^•f 
 
Ad' ol' INCoKl'oK AIION. 
 
 13 
 
 qualify iii^.sclf U>y orikc, and 1 sweat" llial I will failh- 
 
 fiilK- iicrtorin the ilulics of while I Imltl ilie 
 
 offue. with dili^i-nci' aiul impartialit)-, to the hist of 
 m\- ability. So help iiic ( "md." 'I'hc blanks shall he 
 filled up with the name of the office before the oath is 
 taken or subscribecK 
 
 29. The Ma)'or shall be the head of ihi- ("oin;eil 
 and the head and chief e\i'cuti\e officer of tl;e town, 
 and it shall be his dul)- to be \ i.^ilanl and acti\t; at all 
 times in causint,^ the law for the i;(»\eriHiunt of the 
 town t<i be dul)' executed and put in force; to inspiel 
 the conduct of all subordinate officers in the ^ONeiii- 
 inent thei\'of, and, as far as may be in his power, to 
 cause all ne^^Iii^ence. carelessness, and positive \ lolation 
 of duty to be dul\- prosecuted and punished, and to 
 cotnnumicate from time to time to the Council all sucii 
 information and recotiuiu-nd all such measures as ma)' 
 tend to the improxement of the finances, the police, 
 health, securit)', cleanliness, comfort and aj)pearance 
 of the town, 
 
 30. It shall be the dut\' of the Council to assist 
 the Maj-or in the discharj^e of his duties, amTto appoint 
 one or more of the n. embers to be a committee to o\ ersee 
 the difiorent public services of the town, who shall, at 
 each cpiarterly meetin.t^', report the state of the services 
 conimittetl to their char^i^^e. The Council shall hax'c 
 l)ower to control the makin;4, maintainii\i,^ aiul improv- 
 in{,f the roads and streets, sewers, sub-drains and water- 
 courses of the town, and the widening okl and la}in<i^ 
 out new ones when necessary. To direct and enforce 
 the i)erformancc of the statute labour, and to control 
 the expenditure of the commutation monej'. 'Ihey 
 shall have jurisdiction over all the property of the town 
 which they shall protect. 
 
 C)\'er the enforcement and fixint^ rates of license for 
 auctioneers, weii^hers and measurers of (lour and f^n'ain, 
 measurers of salt and coal, ^au^^ers, surveyors of bark 
 and cordwood, inspectors and surveyors of lumber and 
 shinj^des, truck, hack and expressmen. The levyint,^ and 
 fixing,'- rates of license for theatres, circuses, public shows, 
 and foreign plays and concerts of all kinds. 
 
 The providing of a tax for doj^^s, and the fixing of 
 the amount to be paid annually by the owners thereof. 
 
 Over the support and regulation of the Public 
 
 I 'mil- 
 \l.i\.. 
 
 . ..f 
 
 CoUlii 
 
 ..r 
 
H 
 
 IhltiL-S ,'111(1 
 
 powers of 
 Ctjiiiii.il. 
 
 ACT OF IXCORPORATIOX. 
 
 Schools and the appointment of the teachers, in con- 
 junction with the Superintendent of Normal School a.s 
 at present exercised, cxceptinr.^ the Provincial Normal 
 School ; the support of the Poor ; Licensing the sale of 
 intoxicating^ licjuors, fixinj^ all rates of licenses and re;.^- 
 ulatin'T applications therefor ; rc.i.^ulatini.^ the assess- 
 ments ; collectin[.j the assessments ; the makin<^ all 
 contracts relative to matters under their control, which 
 contracts, after havinj^- been duly considered by the 
 Council, shall be sii^ncd bv the Mavor and counter- 
 sit^mcd by the Clerk. The appointment of all subordi- 
 nate officers of the town, fixinj^ the amount of their 
 remuneration, and the time and mode of payinc^ them. 
 The returns of assessors and collectors, and the appoint- 
 uv^ of presidinf.^ officers and the rec^ulatini^ of elections ; 
 and makinrj^ and directing' the enforcement of regula- 
 tions for the preservation of the health of the town. 
 
 31. They shall vote, assess, collect, receive, appropri- 
 ate and pay whatever moneys are required for County 
 assessments — poor, school, and other rates and assess- 
 ments, and shall have within the Town all the powers 
 relating thereto vested in the Sessions, Grand Jury, 
 School Meeting and Town Meeting ; and shall have 
 and exercise within the Town all the powers and au- 
 thority which within the district, previous to the passing 
 of this Act of Incorporation, were exercised by the 
 Sessions, Grand Jury, Board of Health, or Town or 
 School Meeting or Trustees of School and Public Pro- 
 perty. They shall also have the power of enforcing 
 due observance of the Lord's Day, of preventing vice, 
 drunkenness, profane swearing, obscene language, and 
 every other species of immorality in the public streets 
 and roads, and all places within the bounds of such 
 Town ; and of preserving peace and good order in such 
 streets and roads, taverns, and other places, and of 
 preventing the sale of intoxicating liquors to Indians, 
 minors and apprentices, and of restraining and punish- 
 ing all x'agabonds, drunkards and beggars, and all per- 
 sons found drunk or disorderly in any street, road, or 
 public highway in the Town. The imposing of fines 
 on the owners of cattle, horses, swine, geese, and poultry 
 going at large within the limits of the town and the 
 providing of pounds for keeping the same. Also, the 
 providing for any other purpose, matter or thing 
 
 
:hcr.s, in Gon- 
 ial School as 
 icial Normal 
 tig the sale of 
 uses and req[- 
 ; the asscss- 
 ; makin<^ all 
 ontrol, which 
 lered by the 
 md counter- 
 fall subordi- 
 )unt of their 
 payincj them, 
 the appoint- 
 of elections ; 
 It of rcn;ula- 
 the town. 
 
 :ve,appropri- 
 .1 for County 
 s and assess- 
 1 the powers 
 Grand Jury, 
 1 shall have 
 vers and au- 
 3 the passing- 
 ised by the 
 or Town or 
 Public Pro- 
 of enforcing 
 'cnting vice, 
 nguage, and 
 ublic streets 
 nds of such 
 )rder in such 
 ices, and of 
 i to Indians, 
 and punish- 
 and all per- 
 eet, roacl, or 
 5ing of fines 
 and poultry 
 iwn and the 
 , Also, the 
 ^r or thing 
 
spcci 
 this . 
 ,- bvc-1 
 I clolla 
 term 
 dcfai 
 
 3 
 ■ meet 
 
 callec 
 
 J, 
 meeti 
 
 I)re.si( 
 
 m Trea> 
 
 ors, C 
 
 Sujiei 
 
 I Collc( 
 
 i asses;- 
 
 Const 
 
 ;i W'eij^i 
 
 '* deciiK 
 
 on the 
 
 ' (Icclar 
 thercf 
 
 ,. "f Tn 
 
 !* Licen; 
 
 rates J 
 
 from t 
 
 ^ 36. 
 specifi 
 
 I 37- 
 and fn 
 
 laws, r 
 
 |condu( 
 
 |tion o 
 
 Itouchii 
 
 I the alt 
 
 I the lal: 
 
 lor of s 
 
 Iformar 
 
 Ithcy n- 
 
 jsary fo 
 
 land re' 
 
AC r OF INCOKrOKATIOX. 
 
 specially subjected to the control of the Council under 
 this Act or by any law or bye-law of the Town, but no 
 b\'c-law shall impose any penalty exceedin,^- eis^hty 
 dollars, and the Council may by a bye-law impose a 
 term of imprisonment not exceedini; six months in 
 default of payment of such fine. 
 
 32. There shall be held every year four quarterly .Mctiiin;^. 
 mcetint^s of the Council and special meetings to be 
 I called by the Mayor as often as necessary. 
 
 I 23- The Mayor when present shall preside at all Mayor lm'^- 
 :i meetinijs and in his absence the Council shall elect a h'^s.''" '""''' 
 I presiding; officer for the time bein<^ amoni; themselves. 
 I 34. The Council shall annually appoint a Clerk, oiThxi-,j.|, 
 i Treasurer, Police, and Stipendiary mai^istrate. Assess- council.'^ 
 i ors. Overseers of Poor, pjealth Officers, Clerk of License, 
 Superintendent of Streets and Common or Parade, 
 Collectors of Poor, County, ScIk^oI and other rates and 
 assessments, h^irewards, and Fire Constables, Police 
 Constables, Clerks of markets, and Measurers and 
 /> W'eif'hers, and every other officer from time to time 
 • deemed necessary to the due performance and carryinj^^ 
 on the business of the town and the preservation of order. 
 
 35. The Town Clerk shall until the Council shall ' >"'y -f ^ i'^^^'< 
 
 ' declare otherwise by some bye-law to be by them passed 
 
 therefor, perform the duties appertaining^ to the office 
 
 , of Treasurer, Clerk of Overseers of Poor, Clerk of 
 
 ' License, Collector of School, Poor, County and other 
 
 rates and assessments, and all other duties that may be 
 
 from time to time required of him by the Council. 
 
 ^6. The duties of the various officers shall be 'p^t'ify''(ii!tics 
 specifically set out in the bye-laws of the Town. "f ulcers. 
 
 i 37. The Council shall also have power to make, < "V"''' ": 
 ii and from time to time to alter and repeal, all such bye- pcai Hyt-iaws 
 I laws, rules and rei:^ulations as may be necessary for the 
 I conduct and ,<.Tood order of their proceedings, the direc- 
 ^tion of the Town Clerk and all other officers, and 
 touchin*^ all matters within tiieir authorit}-, includin<^ 
 [the alterint^, limiting or modifyin^^ the mode in whicii 
 [the labor on the streets and roads shall be performed, 
 ior of substitutini^ assessment in lieu thereof of the per- 
 Iformance of labour on the said streets and roads as 
 they may judi^e proper, and shall make all rules neces- 
 assary for the creatin<^ and for the conduct, mana<^ement 
 land regulation of the Police and Municipal Court of 
 
i6 
 
 ACT OV IXCOKI'ORATION'. 
 
 Of I'mmi 
 
 'l'o\Mltol)C SCJ) 
 
 ar.tit' slIiimiI 
 
 SLM.'liull. 
 
 the Town, and for the rc[,^iilatin<j^ the mocie of assess- 
 ment, and of le\'yini^ the same, and shall also make all 
 rci^ulations necessary for lioldini^ elections to suppl\- 
 vacancies occurrin^,^ within the year in the office of 
 Maj'or or Councillors, which rules, bye-laws and rcLju- 
 lations, when appro\ed of by the Governor in Council, 
 shall ha\e the force of law. 
 
 3<S. The Truro Common, and all property real and 
 personal which at the passinj^^ of this act shall be public 
 proj)ert\', or shall have been held in trust in any way 
 for the Town of Truro, shall, on the passinc,^ of this Act, 
 V("st in and become the property f)f the Town. 
 
 39. After the passing;" of this Act the Town shall 
 be set off into a separate .'^cIkm^I Section within the 
 limits as hereinbefore tlcfineei, a:id the Town shall ha\'e 
 tiie e.\i)eiiditure of all School rates raised within its 
 limits fcjr the Schools of the Town, and also of all 
 j.u)veriunent and school <;i-ants for such schools, which 
 grants shall be paid to the Town. 
 
 uiui^s''c<:'c'''''''^ 40. The Council shall annually appoint tv.o audi- 
 tors. No one who durini^ the precedint^year shall have 
 been a member of the Council, or a contractor or officer 
 a])pointed by the Council (except an auditor) shall be 
 elit^ible. The auditors shall examine and report upon 
 all accounts affectini^ the Town or relatin<y to any mat- 
 ter under its control or within its jurisdiction for the 
 year precedin_<:[ their appointment. The auditors 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 the accounts 
 audited by them, and shall file such report in the office 
 of the Clerk of the Council within one month after their 
 appointment, and thereafter one copy shall be open to 
 the insj^ection of any rate-jiayer at all seasonable hours, 
 and he may by himself or his a^^cnt at his own expense 
 take a copy thereof or extract therefrom. 
 Oiirep..nof 41. The Couucil shall, upon the report of the 
 
 cii to i'-iss ac- auditors, finally pass and allow tne accounts ot 
 counts. ^j^^ Treasurer and collectors, and all accounts ai^ainst 
 
 the Corporation, and in cases of chari^es not rej^u- 
 lated by law or bye-laws the Council shall allow what 
 is reasonable. 
 
1 
 
 Ic of assess- 
 so make all 
 IS to supply 
 IC office of 
 s and rej^ai- 
 ■ in Council, 
 
 :rty real and 
 dl be public 
 in any way 
 of this Act, 
 wn. 
 
 To\\n shall 
 within the 
 
 n shall have 
 
 d within its 
 also of all 
 
 lools, which 
 
 It two ai'.di- 
 ir shall have 
 ^or or officer 
 :or) shall be 
 report upon 
 to any mat- 
 tion for the 
 iditors shall 
 diturcs and 
 ;tatement of 
 5uncil shall 
 he accounts 
 in the office 
 h after their 
 I be open to 
 nable hours, 
 iwn expense 
 
 jort of the 
 accounts of 
 mts ai^ainst 
 s not rei^u- 
 allow what 
 
42. 
 
 \ auditoi 
 I statcin 
 
 43- 
 wrdcrir 
 
 haiul.s 
 
 44- 
 Tublic 
 
 hdldcii 
 
 to the 
 
 ■ as the 
 accouii 
 called 
 report 
 Tow 11, 
 and sli 
 improx 
 appro> 
 reciuirc 
 
 i the coi 
 ami tl 
 same, f 
 and sh 
 to nice 
 impro\ 
 the ni;i 
 Counc 
 law im 
 [)endit 
 ainoun 
 Town, 
 the int 
 
 45- 
 ered, i; 
 
 presen 
 
 I tures 1 
 
 I more ( 
 
 I I own 
 of rais 
 projjer 
 or the 
 proven 
 
 46. 
 [of not 
 
ACT or I\C()RPORATK)N, 
 
 >7 
 
 .It. 
 
 42. The Town Clerk shall print ruul publish the Auaii..i. -liu- 
 auditors' abstract, ant! shall also jjublish the detailed pui'iis'i',',,i'. 
 statement in such forms as the Council shall direct. 
 
 4;. The Council shall ha\e the reiiulatinL; and t'"i""ii "" I'u- 
 orilermi,^ of ail mone)'s to be paid out ot lunds m ,.f ......i.-v-. 
 
 hands of the 'i'reasurer. 
 
 44. The C'ouncil shall, in each \-ear, comene a :\""'i:'' '">■'■ 
 Public meetmL,^ of the rate-payers ot the 1 own, to be |i..\li-,. 
 holtlen at such time not later than one week previous 
 
 to the annual election of Councillors, and at such place 
 as the b\-e-laws ma}' desii^iiate, at which meeting' the i" 
 accounts of the \-ear as auditeil shall be jjroduced if 
 called for, a;ul the Council shall throuLih the Ma\or 
 report to the meeting;' the state and condition of the 
 Tow 11, and the efficiency of the se\-eral departments, 
 and shall recommend to the meetinj^^ any [)roposed 
 improvements and alterations, and shall furnish an 
 
 : ajiproximate estimate of the e.\])enses of all kinds 
 required to be incurred for the current \-ear, includinj.,^ 
 the count)- rates of the Town for the incomin<,»' year, 
 and the amount recpiired to be raisetl to defray the 
 
 [same, for which sum the incomini;' Council shall assess, 
 and shall also recommend an)- additional sum retjuired 
 to meet any contemplated extraordinary services or 
 impro\ements, and the ratc-pa)-ers max- b)- a \'ote of 
 the majorit)- present affirm such expenditure, and the 
 
 I Council shall at their next ensuini^ meetinL,^ pass a b\-e- 
 law imjXJsiuL,'' a rate to meet such extraordinar)- ex- 
 penditure so affirmeil, or shall raise the recjuired 
 amount by the issue of bonds or debentures of the 
 Town, and by assessment make provision for meetin<4- 
 the interest. 
 
 45. The Council shall be authorized and empow- 
 ered, upon a vote of a majority of the rate-payers 
 
 I present at the annual jiublic meeting;, to issue deben- 
 tures under the hand of the Ma)'or and any two or 
 I more of the Councillors, and under the seal of the 
 iTown and countersij^ned b)' the Clerk, for the puri)ose 
 [of raisintj^ the necessary funds for the purchase of any 
 propcrt)' or the erection of any buildinj^r for the Town, 
 or the carryinj^ out of an)- municipal works or im- 
 I pro\'cment. 
 
 46. Such debentures shall bear interest at the rate nuinntuiL- 1 
 [of not more than seven dollars by the hundred by the "'''''''■ 
 
 3 
 
 I ii-lKiitiirr-. 
 
I8 
 
 ACT (tl' IN(()KI'()|;Alln\, 
 
 \vh 
 
 til ludLiin- 
 
 \V.,iu 
 
 Icii.lor. 
 Iiir. 
 
 I iclitiutiri.-,. 
 
 )'car, payalilc half \'caii\-, and sliall l)c rcdccinablc at 
 periods to be expressed in such debentLires not less 
 than ten years and not exceedin^ii^ twenty x'ears from 
 the date of is^uint;' the same, and shall not be issueil 
 for a less sum than one hundretl tlollars each. The 
 debentures sliall Jje made pa\'able to the respective 
 holders thereof, and the Town shall be at libert\- to 
 pay and redeem an\' such, debentures after the expira- 
 tion of tne )ears from the dale hereof, upon L;i\ini; 
 the holders six months' notice, such debentures shall 
 be free from municipal taxation. 
 
 47. The Coimcil are hereb\- autlu)ri/ed .and em- 
 powered to take all necessar\- measures for the intro- 
 duction in to the Town of Truro of a supply of water 
 for hre antl domestic puri)oses. 
 
 They shall ha\e power to borrow for that purpose 
 on the credit of the Town, its propertx' and rexenucs, 
 ami on the securit)- of this .Act, a sum not to e.xcccd 
 thirt)- thousand dollars. 
 
 'l"he loan may be obtainetl at once (-r in portions 
 from time to time as the Council may decide. 
 
 Tenders for the mone\- shall be ad\ertised in a 
 '.lew spaper published in the Tow n, and in two or more 
 newspai)ers published at JIalifa.x, for at least (Mie 
 month, and the tenders expressini; the lowest rate of 
 interest shall be i^referred, or the Council ma\' sell the 
 debentures for such loan at auctic^n, to the hit;hest 
 bidiler. 
 
 The lenders shall receive for such loan in sums of 
 not less than one Imndred dollars, debentures with 
 coupons attached under the seal of the Town, signed 
 b}' tlie Ma)'or and one or mcjre of the Councillors, and 
 countersigned b\- the Town Clerk, pa}'able to bearer, 
 specif)'iny^ the terms of loan and rate of interest to be 
 paid half )-early. The debenture shall be transferable 
 without endorsement, and the interest shall be paid to 
 the holders of the coupons upon the same bein^ pre- 
 sented to the Town 'Ireasurer. 
 
 Tlie princi[)al monej's of such loan shall be paid to 
 the lenders at [)eriods to be expressed in said deben- 
 tures not less than ten years nor more than twenty 
 years from the date of the loan, but the Town may at 
 its option pay off such debentures in whole or in part, 
 at the end of the first five )ears, and after that period 
 
Icciiiablc at 
 res not less 
 \-ears froin 
 )t be issued 
 each. The 
 e respect i\e 
 it hbei't)' to 
 • tlie expira- 
 iipon j^M\-ini,r 
 nitiires shall 
 
 ed and eni- 
 or the ititro- 
 ply of w ater 
 
 hat purpose 
 nd re\enues. 
 )t to exceed 
 
 in portions 
 ide. 
 
 .ertised in a 
 two or more 
 It least (MIC 
 )\vest rate of 
 may .sell the 
 
 the hii;hest 
 
 ,n in sums of 
 LMiturcs with 
 ["own, sii^ncd 
 uicillors, and 
 )le to bearer, 
 ntcrest to be 
 : transferable 
 ill be paid to 
 e beinjj^ pre- 
 
 ill be paid to 
 1 said debcn- 
 than twenty 
 fown may at 
 lie or in part, 
 r that period 
 
I 
 
 CXIStllli 
 
 Count} 
 of Tru 
 the assi 
 present 
 and col 
 Section 
 not be 
 notuitl' 
 
 i . 51- 
 Stipent 
 
 of all o 
 
 : by tiie I 
 
 I time as 
 
 Ji^aL^emc 
 
 fand sli; 
 
 heretof( 
 
 Town c 
 
 ment oi 
 
ACr (»!■ I\( oKI'dl' \1 ION, 
 
 IW 
 
 ;it an\' time on si\ nidntlis' notice ^i\en to tb.c liolilers. 
 Such 'Icbcnturcs sliall be free tVoni nuinicii)al taxation. 
 
 The C 
 
 lie ». ouncil shall assess the rate-payers and prop- Avm-mm.i.i ..r 
 ert\' i)f the Town tor the \-earl)- interi'st on said loan, i!M,r'' " 
 and shall add such amount to the ;;eneral asse's^mcnts 
 authorized under this Act. 
 
 4(S. 'J'he Council shall, on the re(]uest ot'a m.-ijorii)- >iiii.in.; rumi. 
 of tlu' rate-pa)i'rs pri'scnt at an\' amuial meetini; after 
 the issue of any bonds or debentures, make pro\ision 
 for fornn'n;_; a .Sinking,'' I'und for payin!^^ off such bonds 
 or debentures. 
 
 49. .All that part of j'ollin;^ district number one I'i-ni.i \... ,. 
 lyini,^ outside of the boundary of tin- lOwn of Truro, 
 
 ;i.s here!))- incorporated, shall, for all count)- purposes, 
 and all tliat part of said ilistrict not included in the 
 Poor district, f)r settlements of l^rookfield, ( ireenfield 
 and l\i\ersdale, shall tor all tow 11 and poor pin'])oses 
 be still consiilered and known as district number one. 
 
 50. Until the fu'st election of Mayor and LOuncil- i.vi-iin^ .u- 
 lors takes place under this Act, the arrangement now I'lh'^.^'iisiMri.'cii 
 (.'xistinij by law, for the assessments and collection of ''iiiii->i'i>^'Lii'"i 
 Count)' and I'oor Rates, within the limits of the Tow 11 
 
 i){ 'I'ruro or said PollinL,^ District number one, oi for 
 
 the assessment and colle<:tion of Police Kates in the 
 
 present Police District of Truro, or for the assessment 
 
 and collection of rates for School purposes in School 
 
 Sectif)n No. 41, A., in the district of Colchester, shall 
 
 not be disturbed, anythin;.^- in this .Act to the contrar)- 
 
 notwithstandin.^^ 
 
 ^i. The s.alarics and remuneration of the Mayor, "^-'lar 
 ... . , -' (". ....1 
 
 Stipendiar)- Mac^istrate, I-iecorder and Clerk, and also i 
 of all other officers or persons a[)p()inted or emploxed 
 by the Council, shall be llxed and paid from time to 
 time as the Council shall order and direct. 
 
 52. The Council shall carry out all contracts, en- cimih ii to a.r- 
 ^a<^ements and aj^reements heretoiore made rof/n jidi\ ira.is..r rown. 
 ■and shall provide for the i)a)-ment of all liabilities 
 Ticrctoforc incurred and entered into on behalf of the 
 
 Town or the School Section in the Town b)' assess- 
 ment or by the issue of debentures. 
 
 53. So mucii of the existin;^ law, or of an\' b\'e- iiu..n>i-,tcni 
 law, rei^ulation or order of the ses.sions of the County '"' "''"^''" 
 
 if)^ Colchester as is inconsistent with this Act is 
 ■a'cpealcd. 
 
 t.i l)t; 
 
20 
 
 .V T (M IN* OKroU.MION'. 
 
 S,li..,,| Irii- 
 tLfs .It Tnirii 
 iii:iy horriiw 
 
 f'ciulei-- iliti 
 for. 
 
 l^fllUIItlll'L'S. 
 
 AlMollIlt-- !■(-•- 
 
 i|iiiro(l fur p; 
 inent, how 
 raised. 
 
 'iTri.i-: II. 
 
 C*n.\i'ii:K 4S. 38 \'n roKr.K. 
 
 An Act to enable the Trustees of a School Section in the 
 County of Colchester to Borrow Money. 
 
 Sm ii. 
 
 (I'ii»,f(l iIk- oih (lay III" .M.iy, .\. I). IN75I. 
 
 Stl I IMS. 
 
 ."^i licicjj TriisUis al It mo luiiy 1). .rrow 
 
 iiiuiu'V. Ki:. 
 r< mliTs ilurffur. 
 
 I KliiLllMrs. 
 
 4. .\iiMinil-< ri-i|iiii'i'il fur |ia)iiiciii, liou 
 
 raivil. 
 
 5. 'I'lWii iif Triiro, if iiiiiiriiiir,iU:(l, to 
 
 .I'.iuiiiL' lialiiiilN , \i . 
 (1. I'riH Lcilini;-. JLuali/cd. 
 
 \\c it ciiactLiI, by the (lovcrnor, Council ami As- 
 .■^cinhly, as follows : - 
 
 1. The 'rriistc'cs of School Section No. 41, A., 
 Truro, in the County of LOlchcstcr, ina\- borrow on 
 the crctlit of the propert)' (jf such .School .Section, and 
 the securit}- of this /\ct, a smn not e.xccedin^r tcti thou- 
 sanil dollars, for the erection of a school-house in such 
 'I'own, and shall rej)a\' the same to the lenders in ten 
 etjual annual instalnients, w ith interest, at a rate not 
 cxceedinj^f se\en per cent, per annum, such interest to 
 be paid half-yearl}-. 
 
 The loan ina}' be obtai. "' at once, or in portions 
 from time to time as the Trustees recim're the same to 
 pa\' for such school-house. 
 
 2. Tenders for the money shall be advertised for 
 in a neusp; per, if an\', published at Truro, and in two 
 newspapers published at Halifax, for at least one 
 month ; and the tenders e.xpressint; the lowest rate of 
 interest shall be i)referred. 
 
 3. The 'Trustees shall ^n'vc to the lenders deben- 
 tures for the amount of loans, in the form in Schedule 
 A to this Act. 
 
 4. 'The amount annually rcciuired by such School 
 Section for the payment f^f such debentures shall be 
 added to the amount recjuired for the support of 
 Schools in such section, in each year ; and the same 
 shall be assessed, levied and collected, as school rates 
 arc a.sscssed, levied and collected. Should the amount 
 to meet tho payment of such debentures not be as- 
 
ction in the 
 ley. 
 
 fur }ia> iiitiil, lii.tt 
 iiicor|H'r.ili:(l, li) 
 
 •d. 
 
 il ami As- 
 
 Xo. 41, A., 
 
 hornnv (ni 
 
 icction, iihI 
 
 54- ten thou- 
 
 iisc in sucli 
 
 itlcrs in ten 
 
 a rate not 
 
 interest to 
 
 in portions 
 Llie same to 
 
 ^■ertised for 
 
 and in two 
 
 ; least one 
 
 west rate of 
 
 ders deben- 
 in Schedule 
 
 ;uch School 
 res shall be 
 
 support of 
 d the same 
 >chool rates 
 the amount 
 
 not be as- 
 
SCS 
 
 Co 
 
 SIR 
 Sill 
 
 to 
 
 car 
 
 ill 1 
 
 Th 
 
 si'lji 
 
 cou 
 
 sllH 
 
 pax 
 
 oft 
 
 oij^I 
 
 the 
 
 and 
 
 ina\ 
 
 I)ro\ 
 
 Tub 
 
 of 
 ..f 
 f( 
 
 
 si af( 
 date 
 
 day 
 
ACT OF IXCoUroKATIoN. 
 
 21 
 
 st'ssed, C(^llcctccl aiul paid at matiirit)', the Sui)rcnic 
 Court of Nova Scoti'\ on application, shall amerce 
 such school section for the amount due. 
 
 V 'J'he Town of 'I'ruro, if incorporated, shall as- i'"«iiui rmr.. 
 sume ;vnd j)ayali liabinlies incurred under tins .Act uj) t,, assume ii;i. 
 to and at the tiiiic of incorporation, and shall also '"'"^' ''^'' 
 carr\- out the provisions and retiuirements of this Act, 
 in the manner herein enjoined upon such school section. 
 Tile debentures in case of such incorporation shall be 
 siL;iK\l b)- the Mayor and one of the Council, and 
 countersii^nied b\- the Town Clerk of such Town, and 
 shall be debentures of the Town. 
 
 6. The proceed in_L;"s of the meetini,^ of the rate- i'ruc.i-,iii)^;s 
 pa\-crs of such school section, number 41, A., Truro, ''*^"^'" • 
 of the ninth da\' of May, A. D., I (S74, and of the twenty- 
 ei,L;hth (.lay of September, in the same )-ear, authorizing 
 the erection of such school-house, are hereb)- lei;ali/.ed 
 and confirmeti, notwithstanding" that such meetin_L;s 
 may not ha\'e been called in strict accordance with the 
 ])r()visions of Chapter ^2, of the Revised Statutes, "Of 
 i'ublic Instruction." 
 
 4 
 
 SCHEDULE A. 
 
 School Section number 41, A., Truro, in the County 
 of Colchester, will pay at the office of the Secretary 
 of the Trustees of such School Section, at Truro, 
 aforesaid, to the holder thereof, the sum of 
 
 dollars, in years from this 
 
 date, with interest payable half-yearly, at the rate of 
 per cent, per annum. 
 
 Dated at Truro, this ) 
 
 day of A. I)., 187 j 
 
 \ Trustees of 
 ! School Section, 
 j No. 41, A. 
 
ACI' or IXC(-)RPORATI(n'. 
 
 ^Ulllicl|l.■ll 
 
 I -oiirts. 
 
 I 876. 
 
 TiTiJ<: III. 
 
 CHAl'I'KR 49. 
 
 39 Vic TO k 1. 1;. 
 
 An Act to amend the Act to Incorporate the Town of Truro. 
 
 (I'assod the 4'li (lay .)!" April, .\. 1)., 1S76.) 
 Si-xrriiN. I Siii iKiN. 
 
 Miiiiicip.il Courts. 
 
 Ol'liijc-, of Rt-cordur .in 1 SiipL-iuliiiry 
 M.i^i^tr.itL- iiKiy l)u lillod Ijy oiic;iikI 
 
 (.'ourts lo liiivo seal. 
 Fines, costs, iS:l'. 
 Jiiri-:'- ion ol'Towi) t'ourt. 
 l'r:.^tice in Touii Court. 
 
 7. AfTl(l.^vit .. 
 
 8. Jiuis'lii.t.on of Piilii,'j Court. 
 
 g. F'olice Court to sit daily. -I'roviso. 
 
 10. .Xdininistratiou of IVjlice. -IVovis 
 
 11. Appeals. 
 
 12. .Action ior recovery of fines, X:c. 
 
 13. Iiye-la«s of Town <;ontirnie(l. 
 Schedule. 
 
 Be it enacted by tlie (lox'cnior, Council and A.s- 
 scmbly, as follows : 
 
 1. The Municipal Courts of the Town of Truro 
 incorporated b)- Chapter forty-se\en of the acts of 
 ciLjhteen hundred and se\ent}--fi\e shall be, a Court for 
 the trial of Civil Causes, known as the Town Court, to 
 be presided over b\' the Recorder or .Sti[)entliar)- 
 Magistrate, and a Court for the transaction of all Police 
 and Criminal business of the town, known a.s the Police 
 Court, to be presided over by the Recorder, Mayor or 
 any Councillor, the Town Clerk shall be and act as the 
 clerk of such courts. 
 
 2. The offices of Recorder and Stipendiar}' Mai^is- 
 tratcof the Town may be filled by one and the same 
 
 IdVed by one'''' pcrson, appoiutcd by the Mayor and Council. Me 
 and thJ s.iiue shall bc a Justice of the Peace and a Barrister of at 
 least three )-ears standing;-. In case of the tcmporarx 
 absence of the Recorder from the Town, or of his in- 
 ability throu<,di sickness or otherwise to perform his 
 duties, the Council may appoint a suitable person to 
 fill such office durin^^his absence or incapacity. 
 
 3. Such Court shall have a seal of such form and 
 dcsit^n as the Recorder shall adopt ; and all writs, pro- 
 c«.ss and other proceeding's shall be sii^ned, sealed and 
 issued by the Town Clerk, and shall be directed to the 
 Police Constable or to any Constable of the Count) 
 of Colchester. 
 
 4. All fines, costs and fees sh.all <^o to form a fund 
 out of which the salary of the Recorder and the e.\- 
 
 OlVices of Rec 
 I'rder ;iud Sti 
 penili.Try .Mai. 
 
 person, ^c. 
 
 ( onils to have 
 seal. 
 
 Kines, C'.isis, 
 
 ^ 
 
I V'R-roki.K. 
 
 Town of Truro, 
 S76.) 
 
 ' Police Ciiurt. 
 
 ) sit (l.iily. -I'roviso. 
 
 1 uf I'olicc. — Proviso 
 
 )very uf fines, i<:c. 
 jwii coiifirnied. 
 
 uncil and As- 
 
 "own of Truro 
 :)f the acts of 
 be, a Court for 
 fown Court, to 
 )r Stipcndiar}- 
 on of all Police 
 ,-n as the Police 
 'der, Mayor or 
 and act as the 
 
 :ndiary Mai^is- 
 and the same 
 Council. Me 
 Barrister of at 
 the temporar} 
 n, or of his in- 
 ;o perform his 
 able person to 
 ipacity. 
 
 such form and 
 1 all writs, prf>- 
 ed, sealed and 
 directed to the 
 >f the Count\ 
 
 to form a fund 
 r and the ex- 
 
]icnscs 
 shali Ik 
 ;iin- b.il 
 shall Ix 
 
 I 
 
 /aiicc a 
 \\a\- w it 
 //■(iitii, i 
 arisen w 
 of actio 
 art' h.ila 
 slatcil ; 
 contrac 
 reduced 
 and \vli< 
 .iniounl 
 iiR'iit in 
 and slia 
 tw delict 
 
 , buikliuL 
 of posse 
 tlic can.' 
 
 Uhc tow- 
 do not ( 
 and po; 
 niunicip 
 the I'ea^ 
 Act oft 
 sable or 
 ha\-e po 
 
 ,,\vitiiout 
 
 •^om th 
 boundai 
 writs an 
 and to c 
 in any j: 
 
 ^nd by ; 
 
 jo adjiu: 
 
 1 6. T 
 tivil can 
 fnonth, 
 may sit 
 Causes o 
 wC^ St 
 
A( l" OF INCOkl-oRATFoN, 
 
 2.S 
 
 : iicn>cs of ihc C'ourt sluill be dcfriuccl, aiu' ck-ficiciicN' 
 % sliali be paid oul of the _L;eneral funds of the town, and 
 ail)' balance reniainini;- after defra\in}.; such expenses 
 sliall be paid into the j^cneral fuiuls of the town. 
 
 5. The Town Court sliall h.ive jurisdiction, coL^r.i- .iiniMii.iini, ,,f 
 /ance and power to try anil ileterniine in a sumniar)- 
 \\.\y w ithout a jur\', all ci\il actions or dealini;s ex con- 
 tractu, in which the whole cause ot action shali lia\e 
 arisen witliin the Town of Truro, and in which tlie cause 
 of action does not exceed eiL,dny dollars, or where there 
 are balances noL exceedin_i,^ eighty dollars upon accounts 
 slated and settled prexious to suit, and all such ci\il 
 contracts, wTicre the amount ori^inall)- due has been 
 reduced to eii^hty tlollars or less b}' pavinent of cash, 
 and when the defendant shall ])rove an offset ofj^M'cater 
 amount than the plaintiff has [)ro\ed, ma\' _i;i\e judi;- 
 ment in favor of the defendant for the balance due him ; 
 and shall trv in a summarv wav, without a jur\- actions 
 ex delicto in the nature of replevin, trespass, to lantl or 
 buildings or other real estate, in which the title or ri_i;ht 
 of possession is not the object of controvers)-, provided 
 the cause of such action orij^inated within the limits of 
 the town, and the damai;es claimed in an\' such case 
 tlo not exceed sixty dollars. Such Court shall ha\e 
 and possess all the j)owers in civil matters within the 
 municipality conferred ujx)!! one or more Justices of 
 the Peace or Stii)endiar)- or Police Maj^istrate by any 
 Act of the Province of No\'a Scotia, or hitherto exerci- 
 sable or h-^ld by them or him ; and such Court shall 
 lia\-e i)ower whenever a defendant in an\- suit resides 
 without the linn'ts of the town, or is tempfn'arily absent 
 from the municipality, but resides or is within the 
 boundaries of the County of Colciiestcr tf) issue its 
 writs and piocesscs of ever)' description aj^ainst him, 
 and to cause the same to be dul)- s jrved and executed 
 in any part of such count)' b)' the officers of such Court, 
 and by an)- constable of the County of Colchester, and 
 to adjudicate upon the same. 
 
 6. The Town Court shall be holden for the trial of I'n.rucc in 
 ci\)l causes on the first and third Tuesda)'s of e\ery 
 rionth, be<;innin<4" at ten o'clock in the forenoon, and 
 nia)' sit by adjournment from day to day until all the 
 fauses on the lists for trial are called. The Recorder 
 tnd Stipendiary Mai^istratc shall, until otherwise 
 
^4 
 
 ACT OF IXCORP()[^\-ITr)\. 
 
 Atliil.ivits, 
 
 j iiriMlii:ti(>M nf 
 Police Court. 
 
 directed b)- the Council, frame and inake all rules, 
 orders and rc\L;"ulations, respecting;' the practice in the 
 Town Court for the trials ofcixil causes, and shall make 
 order and declare, adopt and from time to time vary 
 and alter the various writs, processes and forms to be 
 used b\' the Municipal Courts, toj^^ether with a tariff 
 of costs, charL^^es and fees, such fees not to exceetl the 
 scale of fees in the schedule to this yXct. In all unde- 
 fended ci\il causes in the Town Court where the 
 defendant has been duK* served with process and fails 
 to appear at the time and place named in the summons 
 for his appearance, the Court shall be at lii)ert\' to 
 fjivc judt^ment for the j)laintiff upon proof of his claim, 
 The part}' succecdini,^ shall, in all civil cases, be entitled 
 to his costs. 
 
 7. The Ma\-or, Recorder, Town Clerk or an}' 
 Councillor shall have power to take any affuiaxit re- 
 quired before the issuiiiL,'' of a Capias and all other 
 affuhuits re<iuired by the practice of such Town Court. 
 
 <S. The Police Court shall have an exercise within 
 the bounds of the IMunicipalit}', all the powers and 
 jurisdiction in criniinal matters, conferred upon one or 
 more Justices of the I'eace or Stipendiar}' or Police 
 Ma;4istratc by any Act of this Province, or of the Do- 
 minion of Canada or hitherto exercisable or held b}' 
 him or them. 
 
 9. The Police Court for the trial of Criminals 
 shall sit every day if occasion recpiire, be^dnninc^ at 
 ten o'clock in the forcncwn, and shall continue until ail 
 the ca.ses arc disposed of; provided that the Sti[)endi- 
 ary Ma<^istrate, Councillor or person prcsidiii^^ ma\ 
 continue any complaint for such tinie as may be 
 neccssar}'. 
 AiimiiiiMniiic.ii 10. The adrninistration of police within the town, 
 and all the executive powers of the corporation arc 
 vested in the Mayor and Councillors and the Stipentli- 
 ary MaL^istrate. The Ma}'or and C'ouncillors in rotati 'ii 
 accordin.1^ to a roster to be prepared by the Council, 
 shall attend at the Police Court at some suitable time 
 and times to be named, and shall perform every act 
 ai)pertaininij^ to the office of Justice of the Peace, Sti- 
 pendiary or Police Mai^nstrate necessary for the apprc 
 hcnsion, committal, conviction and punishment e; 
 criminal offenders, and for carryin^j^ into effect the law- 
 
 l'..li.:.: Curl t 
 sit il;iil\-. 
 
 I'mvi^r 
 
make all rules, 
 le practice in the 
 s, and shall make 
 ne to time \'ar}- 
 and forms to be 
 her with a tariff 
 ot to exceed the 
 ct. In all unde- 
 .'ourt where the 
 process and fails 
 1 in the summons 
 he at liberty to 
 iroof of his claim, 
 cases, be entitled 
 
 1 Clerk or an\' 
 an\- affidavit re- 
 is and all other 
 Lich Town Court. 
 
 1 e.xercise within 
 the powers and 
 ■red upon one or 
 uliar)' or Police 
 :e, or of the Do- 
 sable or held b\' 
 
 ial of Criminal.'- 
 re, be^nnnin<.^ at 
 :ontinuc until all 
 lat the Sti[)cndi- 
 prcsidin^L,'- may 
 me as may be 
 
 within the town. 
 
 corporation arc 
 nd the Stipendi- 
 :illors in rotati:n 
 
 by the Council. 
 ne suitable time 
 rform every act 
 r the Peace, Sti- 
 •y for the apprc- 
 
 punishment «' 
 o effect the law- 
 
in force 
 
 town, ;ii 
 
 powers 
 
 Court ; 
 
 at :ill tir 
 
 the Rec 
 
 nothiu^^ 
 
 f the i)()w 
 
 t MiiLjistr; 
 
 ;) Stipend 
 
 |and sli;il 
 
 "Major ;i 
 
 I I. 
 
 in ci\il ( 
 the Sup 
 in his id 
 be allow 
 yatisficd 
 and tlia 
 purpose 
 Town C 
 ten th'i\' 
 two sutf 
 i)( the j 
 ihall em 
 i)r Appe 
 file Cou 
 and all c 
 rendc 
 (rst day 
 ic judti 
 Sequent! 
 tiic Tow 
 
ACT (■)!•■ INTcUl-OkAlloN. 
 
 33 
 
 in force ii"i, and the ordiiiaiiccs and l))'c-la\vs of the 
 
 town, and shall ha\e and exercise, all aiul e\'er)' the 
 
 i powers vested in the criminal side of the Municipal 
 
 I Court ; i)ro\ided that the Maj-or or Councillor shall ivovi^u. 
 
 I at all times have the power of callini,^ to his assistance 
 
 I tile Recorder and Sti])endiary Maj^istrate, antl that 
 
 i nothing; herein contained shall be deemed to al.)rid_L;e 
 
 the power of the Stipendiar)- Ma^^istrate as a Police 
 
 Ma_L;istrate, and that, by order of the Council, the 
 
 Stipendiar)' Mai^istrate ma)' be i)laced on the roster 
 
 and shall attend in rotation, in the same maimer as the 
 
 Ma\-or and Councillors. 
 
 I I. The Courts on thiC .".pplication of either part)' Ai^rmK. 
 in civil cases shall j^^n'ant appeals from their tlecision to 
 the Suprenie or Ajjpellate Court, but the aj)])ellant or 
 in his absence his a;^rent sjiall, before the appeal shall 
 be allowed, make an affida\'it in writing;' that he is dis- 
 ^atis^led with the judi^nient and feels a^L;i;rie\ed thereb)-, 
 and th;it such ai)peal is not prosecuted solel)' for the 
 purpose of delay, and shall file such aftlda\'it with tlic 
 Town Clerk, and the ])art\' so appealiiiL^ shall, within 
 ten da)'s ;iftcr tiic jud^"ment, enter into a bond with 
 two sufficient sureties in a penalt)' double the amount 
 of the judgment, with a condition that the appellant 
 shall enter and ])rosccute his a})pe;d in the Sui)remc 
 pr Ai)pellatc Court, and shall i)erform the judgment of 
 |lie Court, and shall pay the amount of the jutlginent 
 antl all costs of the Supreme Court or Aj)pellatc Court, 
 or rentier the body of the ajjpellant, or shall before the 
 first day of the term of such court pa)' the amount of 
 ^le judgment, together with all the costs thereon sub- 
 sequently accruing, which bond shall be prepared b)' 
 tlic Town Clerk. 
 
 12, Actions and prosecuticns for the recc. cry of Actions for re 
 fines and penalties for violatio!!s of any bye-law or ^ir"^^ " ''"''^ 
 onlinance of the town, may be brought and prosecuted 
 either in the Town Court or Police Court, and when 
 
 f't otherwise directed shall be brought in the name of 
 e Town of Truro. 
 ^ 13. The bye- laws and ordinances of the Town of i''y<---iaw^ of 
 
 Si„ 11 .1 ^- • ^- M ,1 'I'own continii 
 
 »ruto, approved by the (jovernor in Council on the ea. 
 
 t§'nx\ day of August, in the year of our Lord one thou- 
 ind eight hundred and seventy-five, except so far as 
 Ic same are amended by this Act, arc hereby con- 
 
Ml OK I.\C.Okr()UAIU)N. 
 
 firmed as the bjc-laws of sucli louii, and ina\- he acted 
 upon and enforced as if the same: were enacted and 
 pubhsheil uith and as part of the Act of Incorporation 
 of such town. Ihe Mayor and Council of such town 
 shall ]ia\e power to make otiier h)'e-laws, and from 
 time to time to alter and repeal aii)- of such l)\-e-laws 
 and onlinances. and such additions, alterations and 
 amendments shall, when approxed of h)- the (io\'ernor 
 in (Council, ha\e the force of laws. I'roxidetl that all 
 such bye-laus heretofore so passed and ap[)roved, or 
 \\hich sliail be hereafter so passed and ap[)ro\ed, shall 
 not be inconsistent with the pro\isions of this Act, or 
 of the .Act hereb)' amended or an)- other express law 
 within this Province. 
 
 ^'I'-iui. SCIIKDULK. 
 
 co.sis .\M) I r,i:s i.\ town' court. 
 
 ICacii summons and capias $0.50 
 
 All affidavits for capias and other necessary 
 
 affidavits and swearin^r, each 0.20 
 
 Subpcena 0.20 
 
 Tickets, o. 10 
 
 Swearing each witness o. 10 
 
 Trial and jud^nnent, cause of action over $40 1.00 
 
 under $40. . 0.50 
 Rules for continuance, better particulars and 
 
 other necessary rules, 0.20 
 
 Appeal Bond, 0.50 
 
 Transmittinj^r papers on appeal 0.20 
 
 constable's fp:ks. 
 
 Serving summons and capias and making 
 
 return, &c., 0.20 
 
 Hail bond 0.20 
 
 Serving subptena, 0.20 
 
 Serving execution and return, 0.20 
 
 Poundage on execution, sale of goods for each $4,.. o.io 
 
 Where money paid for each $4, 0.05 
 
 All travelling on service of summons, capias, ex- 
 ecution and subpoena, &c., to be travel 
 actually and necessarily performed by 
 Constable, commencing at Town Clerk's 
 office. Truro, and ending at the place of 
 .service — per mile, 0.1c 
 
 I 
 
i;iy he aclcil 
 naclcd and 
 icoi-poration 
 f such town 
 s, and fioni 
 ,ch bycdaws 
 irations and 
 he (Governor 
 (led that all 
 ipprf)vcd, <)i' 
 [)i-()\ed, shall 
 this Act, or 
 express law 
 
 A 
 
 1 
 
 it 
 
 4 
 
ACT <ti' I^•(■()In'^I^\•| i()\. 
 
 ("OSIS AM) I l.l.S IN I'DlK K C 1)1 IM'. 
 
 Aftid.'ivit $0.20 
 
 W.irraiit or Suiniimiis 0.50 
 
 Service of I'niccss, 0.25 
 
 jii(lL,Mncnt, 0.20 
 
 "Warrant of ('iiininitmcnt 0.20 
 
 Siihpd iia o. 10 
 
 RccDj^tii/.ancf 0.60 
 
 27 
 
 I 
 
 1 876. 
 
 11 ri.i-: IV. 
 
 30 X'ic'roKi.v:. 
 
 An Act to amend the Law respecting the Assecsmcnt of 
 Teachers so far as regards the Town of Truro. 
 
 (Passed llic 4tli (l:iv ..f Ajuil, A. I ). iSjf)). 
 
 ,S|'\ IKjS. 
 
 • I. 'rL■.ll■|R'r^ iKit in lie c\ciii|il fmiii l.ixes. 
 
 Ski 1 Ion. 
 2. Irn ,,ll^i^lL■Mt law rcpciili'd. 
 
 He it cnactctl by the (ioscriior, Ccnincil and As- 
 sembly, as follows : — 
 
 I. Ilereafter the Principal and 'i'eachcrs in the rra.ii.rMi..ii.. 
 Kormal and Motlel Schools, the Inspector and licensed ,'''xx^J."''" """ 
 teachers, and jjersons employed as such, shall not be 
 txempt from assessment for or pa\'ment of rates or 
 taxes of any kind whatsoever witliin the Town of 
 Truro; but the\' shall be assessed and hekl liable for 
 ;^11 rates and taxes assessable within such town in the 
 lame manner as other inhabitants of such town. 
 I 2. So much of the existint^ lawas is inconsistent iiu-onsi^iem 
 with this Act is repealed, so far as ret^ards the Town •'"'''''"•■•'"■ 
 of Truro. 
 
~i i »^ mi* *nm \ wmmm 
 
 PART ir. 
 
 BYE-LAWS AND ORDINANCES 
 
 OK THE 
 
 TOWN OF TRUEO. 
 
 No. I 
 THE TOWN SEAL. 
 
 1. The Common Seal of the Town shall be of suitable 
 metal, and have eny,raved on it such device as the Council 
 may order, 
 
 2. The Town Seal shall be kept by the Clerk. 
 
 3. All deeds or documents where the Town is a party, and 
 uher>" a seal is requisite, shall be authenticated by the Town 
 Seal, and the Mayor and Town Clerk shall siL;n the same, and 
 affix thereto the Town Seal, when authorized by any law, bye- 
 law or ordinance of the Council, or by direction or resolution 
 of the Town Council. 
 
 4. The Mayor may affix the Seal to any certificate or doc- 
 ument, at the request of any person desiring it. 
 
 5. Any person requirin^.'^ the Town Seal to be affixed to an\ 
 certificate or document for the purpose of authentication or 
 otherwise, shall pay to the Town the following fees: — 
 
 h^or affixin<^ the Seal to any document to be 
 
 used out of the Province, $2.50 
 
 If to be used within the Province 1.50 
 
 If to be used within the Town i.oo 
 
 For the Seal to any certificate 1.50 
 
 6. *Thc assessment rolls of the Town, and also petition> 
 for Licenses for the sale of Intoxicating^ Liquors, shall be open 
 for the inspection of any rate-payer of the Town, free of char<^c. 
 Any other public document of the Town, including petitions, 
 reports, or other documents, on file in the office of the Town 
 
^CES 
 
 )e of suitable 
 s the Council 
 
 is a party, aiul 
 
 by the Town 
 
 the same, and 
 
 J any law, byc- 
 
 1 or resolution 
 
 rtificate or doc- 
 
 e affixed to any 
 thcntication ov 
 2es : — 
 
 ) be 
 
 $2.50 
 
 I-50 
 
 1. 00 
 
 1.50 
 
 id also petition^ 
 rs, shall be open 
 n, free of charge, 
 ;luding petitions, 
 ice of the Town 
 
-ntiw 
 
 lease 
 
m'K-LAWS AM) ORDINANCES. 
 
 29 
 
 Clerk, shall be open for the insjicction of an\- ratc-pa}-er of the 
 Town, upon the payment of a fee for a search of twent)' cents ; 
 and ail)' ratc-j)ayer of saitl Town shall be entitled to a copy of 
 an)' such License and Petition or other document o!i file as 
 aforesaid, on pa)-ment to the Town Clerk therefor of the sum 
 often cents for every folio of ninet)- words. 
 
 I 
 
 No. II. 
 TIIK TOWN COUNCIL. 
 
 Skctidn. 
 
 1 . The Quarterly Mcctuii^s of the C ouiicil shall be held on 
 the J-'irst Jiiesdays of the months of April, Jnly, Oetober and 
 foniiary, in each year, all meetings to be open to the rate-payers 
 of the 7\ru'n. Written notices for the quarterl)- and other meet- 
 ini^s of Council shall be sent to the Ma)-or aiul each Councillor 
 two da\'s previous to the mcetin^,^ luner^ency meetin^^s ma)- 
 be called by the Mayor or Presiding Councillor, when necessary, 
 at a shorter notice. Notices shall state place and time of nieet- 
 in^t;, and shall be left at tiie dwellini,^ lunise or [)hicc of business 
 of the part)- notified. 
 
 2. I'our Councillors, with the Mayor or presidin<^ officer, 
 shall form a quorum. 
 
 3. The meetinii^ shall stand adjourned to the next day at 
 the same place and hour, not beini;- Sunday or a holiday, in 
 which event it shall be adjourned to the day folknvinj^"^ if, within 
 one hour from the time appointed, a quorum shall not appear. 
 
 4. As soon as the chair is taken and the mectinL,^ opened, 
 the minutes of the previous meetini^ shall be read by the Clerk, 
 when any mistakes therein may be corrected by the Council, 
 after which, or in the event of no mistakes beiny; found, they 
 shall be marked apj)ro\'ed 
 
 5. luery ir.otion or resolution must be presented in writini^, 
 moved and seconded before it can be debated. 
 
 6. A motion or resolution moved and seconded can only 
 I be withdrawn b)' leave of the Council. 
 
 7. y\ll questions shall be decided by a majority of votes; in 
 lease of equality the Mayor or prcsidin<^- officer shall have a 
 |castin<,r \'otc, but shall not otherwise vote. 
 
 8. The Mayor or presiding officer shall preserve order and 
 Jdecorum, and shall decide all points of order, subject to an 
 lappeal to the Council, provided such appeal be re{,rularly moved 
 [and seconded. 
 
^.o 
 
 IIVIM.AWS AM) ORDIN'AXCKS. 
 
 9. I'A'cry nicmbei' who speaks in Council shall address the 
 chair stand in,L;'. 
 
 10. 'l"he member who introduces a resolution c^r motion 
 shall Iia\'e the pri\ile_;4e of closinj^r the debate. 
 
 11. All resolutions mo\-ed and seconded shall be laid on 
 the table, as a notice, and shall be discussed at a subsequent 
 meecin^L;", and no resolution shall be discussed and voted, at the 
 same sittins.,^ in which it is moved, unless the Council shall b\' 
 vote determine it cx|)edient so to do. 
 
 12. When a tjuestion is reL,ailarl}- under debate, no other 
 (jucstion or motion shall be entertained until it is decided, unless 
 it be :— 
 
 1st — A motion in amendment of the ori;^n'nal resolution. 
 2nd — A motion to refer the questi(Mi to a special committee. 
 3rd — A motion to postpone the question to some future da\' 
 or time to be named. 
 
 4th — A motion to postpone the cjuestii^n indefinitel)-. 
 5th — i\ motion tliat the question be now })ut. 
 (Ah — -A motion to adjourn. 
 7th— Or the previous question. 
 
 13. After the di\'ision has been taken upon any cjucstion or 
 resolution, any member may call for the names on the dix'ision, 
 and have the same recorded. 
 
 (4. No debate shall be allowed on any motion of adjourn- 
 ment, or upon any motion of the previous question, made durin;,; 
 a debate. 
 
 15. Every member shall confine himself to the question 
 under discussion, and shall abstain from all personal reflections 
 and irritatinir lan'>ua!je. 
 
 16. livery member present, when a vote is taken, shall vote 
 u[)on it, unless excused by the Council upon some ^'^ood grounds 
 stated. 
 
 17. No member shall leave the room during the transactior, 
 of business, without the permission of the Mayor or presiding 
 officer. 
 
 18. Any member called to order by the chair shall sit down 
 at once, but may, by leave of the chair, afterwards rise to explain. 
 
 19. I'he Town Clerk shall, under the direction of the Mayor, 
 make out an arranged list of the business matters which it 
 app' :irs requisite to lay before the Council for their considera- 
 tion. 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 mem- 
 bers, and another placed in the hands of the Mayor or Presiding 
 Councillor. 
 
 ;5 
 
jdrcss the 
 
 or motion 
 
 be laid on 
 subsequent 
 ted, at the 
 :il shall b\- 
 
 L'. no other 
 idcd, unless 
 
 )lution. 
 committee. 
 ; future da\- 
 
 ely 
 
 ciuestion or 
 the division. 
 
 of adjourn- 
 iiade during; 
 
 the question 
 il reflections 
 
 .Ml, shall vote 
 -•ood tirounds 
 
 ,e transaction 
 ■ or presidini; 
 
 shall sit down 
 ise to explain, 
 of the Mayor, 
 ters which it 
 cir considera- 
 lay, a copy of 
 I of the mem- 
 r or Presidini; 
 
"-^"•r^^^=^^^^^ 
 
li\i;-l.A\VS AM) OKDINANCKS. 
 
 31 
 
 20. The followiii.L;" sliall he tin,' oi-di.T of the (hi\, as near as 
 nia\- be, subject however to alterations })\- the (uunci!, at any 
 nieetin^^f, as the exii^encies of business nia\- require. 
 
 1st — l\ea(.h'n_<^f minutes ot" previous ineetiu;^. 
 
 2ncl — Motion to amend the minute>. 
 
 3rtl — Motion to re-consider or re-^- ind anv resoIuti(ni con- 
 tained in the minutes, notice of thie rescindini^ or re-consideration 
 i)f wiiich liad been ^^iven on tlie tlav the resohition passetl Ijefore 
 adjournment. 
 
 4th — Receiv'inj^ the repi >rt of an\' Select or (ieneral committee. 
 
 5th — Recei\-int4" any ])etitions. 
 
 f)\.h — Ortlerin;;" the pa\-ments of accoufits. 
 
 7th- Discussinj^" any resolutions of \ Inch notice had been 
 L;iven on a previous day in the rei^iilar onlcr. 
 
 <Sth— Rea(lin^t4' and discussiiiL;' the rejxirts of Select or (ieneral 
 committees, to<;ether with the re[)orts of the minutes, if an}'. 
 
 9th — Discussing" an\- j)etition. 
 
 lOth — MiscellanecHis business. 
 
 COMMITTICF.S. 
 
 21. Standin<^ Committees sh;dl be appointed as soon after 
 the election, in each year, as practicable, as follows : — 
 
 I. — Committc s on Public Account.s and Finances. 
 2. — " Tenders, 
 
 " Schools. 
 
 " Licenses. 
 
 " Roads, Streets and I'ublic Property. 
 
 " Auditing,'-. 
 
 Police. 
 ll'dtrr Works. 
 
 0- — 
 4.— 
 
 5-— 
 6.— 
 
 ;■— 
 
 8.— 
 
 22. Special or Sclcc*- committees may be appointed, on 
 motion duly made, seconded and passed. 
 
 23. The report of the special committee shall be in writini^, 
 and si<^ned 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 ma)- also report their vn'ews in 
 ' writing- to the .Council, if tliey see fit, which report shall be signed 
 ' by all concurring in it. 
 
 24. Notices for rescinding or rc-considcring any resolution 
 passed, must be given on the day of the resolution being passed, 
 
 I before adjournment, and no resolution passed shall be rescinded 
 for re-considcrcd when such notice has not been given, and no 
 
 ji 
 
3^ 
 
 r.VK-l .WVS AVI) ORDINAVCFS. 
 
 such notice sliall li,i\e the effect of delayin;^'' or imi)edin^ the 
 action necessary to ,L;i\'e effect to any resohition unless tlie 
 Council shall otherwise order. 
 
 No. iir. 
 
 ASSKSSMKNT. 
 
 SKcriDN. 
 
 1. The Council shall annuall)- assess on the inhabitants, and 
 on the propert)- w ithin the Town, such sums as may be necessar\- 
 to defray tlie expenses of the Municipality. 
 
 2. J'he objects to be proxided for by the assessments shall 
 include the salaries .uid compensation to the (officers of the Town. 
 County rak's, the support of the i'oor, the support of the Schools, 
 the cx]>jnses of the h'ire Dejjartmcnt. the Town Court, civil and 
 criminal ; 'nakini.,s re[)airin;_; and impro\inf4' the roads, streets, 
 lanes and bridj^es of the Town ; providinL,^ Town Huiklinj^s, and 
 openinj;' up new Streets, for the caic of property, the expense of 
 the I'olice, extra constablos and nij^ht watch, and the int(,'rest 
 mone\' re(iuir( 1 t(; be raised on all debentures issued b\- the 
 Council, on behalf of or for the Town, and all expenses recjuired 
 in the due execution of the different jjowers and trusts \ested b\ 
 hiw in the Corporation, its Maj'or, Council and ( )niccrs iiuinduti:, 
 kccpiiii!; Wiitcr Pipes in repair, additional Jlydranis as required 
 and fJi^fi/ini^ streets. 
 
 3. The Council shall elect one suitable person, not bein^L,^ a 
 member of the Council, to be T(nvn Assessor, to continue in 
 office from year to year, till removed by a vote of the Council. 
 
 4. The Council shall annuall)' ap[)oint a rate-payer frotn 
 each ward, to be called Ward Assessor within his respective 
 ward. 
 
 5. Tlie Town and Ward ^Issessors sh.dl, u ithin one week 
 from their election, attend at sucli time and place as they sjiall 
 be notified by the Town Clerk and subscribe an oath in the 
 presence of the Mayor, Recorder, or some Councillor, to faith- 
 fully perform the duties o\ their respective offic'\s, and make a 
 fair and impartial asses.-,mcnt oi the Towr and tlic respective 
 wards. 
 
 6. The Town or Ward '\sscssors shall, durini,;' their contin- 
 ancc in office, receive such annual compensation for their services 
 as the Council shall appoint. 
 
 7. Any Town or Ward Asscs.'-or w!io shall nct^lcet or refuse- 
 to be sworn in, or shall be g'uilty of ne_t;lect of duty, shall pay a 
 fine of not less than ten or m'M'e than fifty dollars. 
 
cclin;4 the 
 nlcss the 
 
 itants, and 
 : nccessai')' 
 
 ncnts shall 
 ■ tlie Town, 
 he Schools. 
 -t, civil and 
 Ills, streets. 
 ldin;_;s, and 
 expense d 
 :he interest 
 uetl by the 
 ^es recjuircd 
 :.s vested by 
 rs inciitdi)iii 
 as required. 
 
 not bem<; a 
 continue in 
 the Council, 
 -payer frotn 
 s respective 
 
 n one \veek 
 is they shall 
 oath in the 
 lor, to faith- 
 and make a 
 ic respeciive 
 
 their contin- 
 their .services 
 
 lect or refuse 
 {, shall pay a 
 
-'•^*;<! 
 
 I 
 
MVi;-l,A\VS ,\\|) (iklilN.Wi F,S. 
 
 
 S. l''\cr\- in.ilc resident of the I'owti, of the ivj^v of i-iL^htceii 
 yc.irs iiiul upwards, r.vu/'/ d/'/'n'/zZ/u's ivtulcd to fiUK/rsiUiH, shall 
 pay an anmi.d i)'ill tax of twn dullars, which nitty he r<>//i'ttii/ its 
 lilt onltnafv licht, tit thr Town ( oiiii, or in (tny other i Ditrt, il the 
 party nuty hnvc rcntowd from the /'o:oit,or /y :ottri(int of t/istrrss, 
 (ts other tdxes are eoUeeted. 
 
 9. All real ami personal t-state shall he liable to taxation, 
 subject to the folic )uiiij4' exeinptions ; — 
 
 1st — All estate and propert)' beloiiL^rjf^L; to or \ested in IKt 
 Majest)'. Her heirs and successors. 
 
 2nd — l''\'er\' place of Worship and Church, or liurvinL; ( iround, 
 the i)ropert}- in possession of the N'ouni; Men's Christian Associ- 
 ation, all i)ublic propi-rt)- held b_\- the Town, all l'ro\incial 
 j)ebentures, antl DebiMitures of the 'I'own of Truro. 
 
 3rd -All property declared free of taxation 1)\- an Act of the 
 
 Province. 
 
 10. The terms land, real estate, or real propert\\ shall be 
 lu'ld to include all buildiuLjs or other thin;.;s erected upon or 
 affixeil to the land, and all inachiner\- or other thinL;s so affixed 
 to an\' l)uiklin;4, so as to form in l.iw part of the realt\-. 
 
 I I. The term j)ersonal i)ro])erty and person. d estate shall 
 be held to include all household furniture, i^i.ods, chattels, wares, 
 horses, cattle and farming- stock and implements, and imple- 
 ments of trade, and one-half of the \alue of all ships or vessels, 
 and shares in ships or vessels owned b\- parties doin;^ business 
 in the Town, whether the same be at home or abroad, incliidini^ 
 all stocks of public or private hankiiti^ companies, or marine in- 
 surance companies, or ai^encies of such companies iloiny; business 
 within the Town. The stock of such ax'tnciis shall be rated as 
 of holdiiti:; $100 of property for every ten dollars net annual 
 income or profit derived from their business doiii' at such aj^cncy, 
 whether the profits of the year are declared or reserved, and all 
 other property except land ; and the term property shall include 
 both real and personal jjrcjpert)-. Provided alwaj's that all ships 
 or vessels in course of construction, all tiinber, plank, and other 
 materials necessar}- for, and in the \ard where sucli ships or vessels 
 are in course of construction, shall be free from assessment. 
 
 12. All lands shall be assessed in the name of and a;_;ainst 
 the occupant, and in the case of occupied lamls owned by a 
 party known or residin^L^ or doini; business in the Town, but 
 occupied by another part\-, .hall be assessed in the name of, and 
 ac^ainst both the owner and the occupant, inserting;- the name of 
 both on the roll, with the word "owner" or "occuj)ant" as the 
 case may be, and notifyini; both, as hereinafter provided, and 
 
 5 
 
 i 
 
4 
 
 vm: \.\\\< \\i> (>ki)(N.\\<i:s, 
 
 (iiturc (iwiur cr oiciiji.-int, sa\iiii; his or their rc'coursc aj^aiiist 
 ail)' other jjar'.y, iiii(I( r any aj^nvciiu'iit Ix'twuMi the owner and 
 occiipnit and the recourse ofa future o\\ ner an<l ociaipant, ;i;;ain>t 
 a prior owner or oecupant ; and, if laiiil l)e owned or oeeaipied 
 l)y more than one part)-, then ;uiy one of them ma\' he the{)\sner 
 or owners, occupant or oecupants, and >hall be hal^Ie accordin;;!)'. 
 s.ivin;; his or their recourse a;^ainst the others. 
 
 I ^. Tlie real estate and persona! esi.itc of incorpfti'atcd or 
 joint Slock compam'es, shall he assessed aj^ainst tlicm in the 
 same manner as tlie n;al and personal estate of individuals is 
 assessed, and the owner and holder of slock in an\' incorporated 
 or joint stock companx' sn taxed, shall not be assessed as an 
 ind.i\idu;d for such .-.toi-'k. 
 
 14. The real and personal ptroperty of any parlnci'ship shall 
 be assessed aj^ainst it under the ii.ime of the lirm, aiul notice to 
 either p.irl)', or the ai;ent of the fnan, sliall be \ali(l and ^uflicient. 
 
 15. All real and personal i)ropert\' untler the contiol of any 
 person or i)ers()ns as acbninislrators or trustees, i^iiardians or 
 agents, the separate property of married women, and of minors, 
 shall be assessed and \'alue(l in the names of the parties exercis- 
 iiiL; control o\er them, but such ratiii^i;' as assessment shall \n' 
 kept distinct tVoni the rating'; atul assessment of real and personal 
 property lield b)- them in their own riL^hts. 
 
 16. The Town Assessoivs, assisted b)' the Ward Assessors 
 in iheir respective wards, shall prepare an assessment roll of 
 each ward, wherein sh.all be set, in separate columns, the names 
 and surnames, as far as the same can be ascertained, of all taxable 
 parties in saiti wards, distini^uishinj^- residents of the Fouii from 
 non-resiilents, toi^ether w ith the descri|)ti()n and extent or amount 
 of propert}' assessable against each, and in a separate column all 
 the particulars mentioned in the Appendix, Schedule /\, and 
 shall deliv'crthe same, signed b\' the Town Assessor and also by 
 Ward Assessors for the respective wards, to the Town Clerk, as 
 soon as practicable after niakin,L;" the assessment. 
 
 17. lCver\' part}' holding' assessable propertj- in tiic Town, 
 either in his own rii^ht or as an executor, administrator, trustee, 
 [guardian or aL;ent, the aj^ent or an)- partner of a firm, the secre- 
 tar)' or manai;cr of an)' joint-stock compan)', a//// also the maii- 
 (f^rr, C(7s/iici\ aij^i'iit or srcir/aiy of any public or private baukiir^ 
 coiiipa)iy or marine iiisiirauee eoiiipaiiy, or of the a^i^eiieies of any 
 such eouipaiiy or association doini^ business in the 7\nen, shall, 
 when required b)- the Town or Ward Assessor, deliver to them 
 a statement in writin;.;, sif^mcd by such party, or in case of his 
 
 i 
 
■ iVdiu dwy 
 rsc a;4ainst 
 
 ou IK r and 
 aiit.;'.-ain>l 
 
 II' occupied 
 r tlu' owner 
 iccordin;,;!)". 
 
 irpoiatcd or 
 hem in the 
 idividuals is 
 iicorporatcd 
 ;csscd as an 
 
 icrship shall 
 nd notice lo 
 lul ^iiflicient. 
 )ntrol of an>- 
 M-iiardians or 
 (1 of minors, 
 rlics cxci'cis- 
 cnt shall be 
 and perst)nal 
 
 rd Assessors 
 ment roll of 
 IS. the names 
 of all taxable 
 c Town from 
 :nt or amount 
 te column all 
 cdule A, and 
 )r and also by 
 )\vn Clerk, as 
 
 in the Town, 
 trator, trustee, 
 rm, the secre- 
 a/so the iiiaii- 
 rivatc baiikini^' 
 'gcncies of any 
 (' Town, shall, 
 diver to them 
 in case of his 
 
i. :,,^:riff'-^.~sgst mxu.%!mss fs 
 
 abscnc 
 tlu' pi 
 iifficial 
 aii\' sii 
 >tat(;ii 
 >liall I 
 
 tM i)C I 
 
 'J'oWll, 
 
 cost ()| 
 
 the C( 
 
 iS. 
 fn)in t 
 ( I liny : 
 ',\ ithsa 
 aiiiDiu 
 
 txctut 
 (in sue 
 .iiid Si 
 
 such 1" 
 
 Ti'casi 
 .hall b 
 aiul ll 
 in case 
 t'f sue! 
 the Cc 
 lc\ icil 
 
 [nV SUl 
 
 if an\' 
 last i')l 
 
 20. 
 tin: \-c 
 case () 
 law, tl 
 be ilu 
 en fore 
 first SI 
 
 21, 
 leave, ^ 
 the to 
 lieforc 
 shall t 
 InDticc 
 
r;Vi:-l,A\\S AM) oRl'lNANt 1. 
 
 iliscncf, b\- his a,;cnts, coiUaiiiiii_, 
 
 1, 
 
 Ir.c ]iai'licirars iv-pcctiiv. 
 
 li;c propcrtx' assessable a;4ain->t >iuh part) 
 
 h 
 
 private or 
 
 olTicial capacit}", which are reipiiied in the a->se>.->ri^riit r<iil, ati 
 an\' such assessable part}' refusi!);;- or ncyieclin;.; to L;i\e such 
 statement when riKjiiired, or kiiiwiii.;!)- i;i\'i;iij;' a false statement, 
 
 slial 
 
 forfe 
 
 It a sum not less than ten or more than 
 
 thiirt 
 
 V dollar.' 
 
 to be reco\'eri;ii in tne nanie r,\ tlie 
 
 )w;i. a!i(l for the use of the 
 
 Town, and in default of payment of such smju, to;4ether with the 
 cost of prosecution, tlie pail}- sliall be liaI)U* to imprisonment in 
 the Count}- Jail for a period not exceedinj^' ten da\s. 
 
 iS. No such statement shall bind the Assessors further than, 
 from their own personal know jetb^e and inspection antl due en- 
 (|uiiA' made, tlie_\- believe the ini'ormation to !)(■ correct, and not- 
 w iths.mdin.''- such statenienl, thev ma\- assc-ss s 
 
 .imount as the\- belie\-e to be ju->t and correct. 
 
 uch part)- for such 
 
 9. 1 he estate of a deceased ])erson in the hands of hi.^ 
 
 executors or administrators shall be liable for rat 
 
 on si 
 
 ich estate in bi- 
 
 te lime, 
 
 md 
 
 UK- at the- time ( 
 
 e> 
 if 1 
 
 a-^-^essed 
 
 lis (k 
 
 ath. 
 
 .iiul such estate ma\' be hwied on and >old 
 such rates, under a warrant' to be issueil f 
 
 iv tlie i),i)-ment of 
 
 reasurer ot 
 
 tl 
 
 or such ])urp< «se h)- 
 
 tl 
 
 ic 
 
 le 
 own in wiiic!i such estate i>, which w.irrant 
 
 hal 
 
 )e direcletl to and executed b\' a con->tal)' 
 
 such 1 ow n. 
 
 .nul the proct'edinL;s on such le\)' ard sale shall be the same as 
 in case of ordinar-- defaulters; and when tliere is no administrator 
 
 such deceased person, or when his will has not been pro\ed m 
 
 the C'ourt of Prob.ate, the estate of such deceased ] 
 
 lc\ ied on and sold, w herever found, in like manner. The c 
 
 )erson ma\- l)i' 
 
 f 
 
 ir >uc 
 
 rat'. 
 
 s shal 
 
 emand 
 be made on the executor or administrator, 
 
 if an\-, or if there be no lawful executor or administrator, at the 
 last place of abode of the deceaseck 
 
 3. In case 01 aii)- tr.insler ot i)roj)erl\-, tlie assessment for 
 p.iyable b\- the assiL;nee or occupier; and in 
 
 tlu war slial 
 
 DC 
 
 case of property taken imder execution, or an)- other jjroci-ss of 
 law, the same shall tlrst be liable for an)- assessment which ma) 
 be due a, id paxable thereon tor the )-ear, and pa)-ment thereof 
 ced ; ;ind the .Sheriff or other officer sh.ill be bound to \)a\ 
 
 en 1 01 
 
 tirst such assessnu-nt out of the p'-oc:eeds of s,de. 
 
 2\. The 'I"ow II Cderk sli.dl, on receivini;- the assessment roll, 
 \v:i\{j,()/-ui/isi- to he li'ft, for e\er)- i)art)' resident or doiiv;' business in 
 the town, or the representatixes of an)- p,irt)- who shall havi- died 
 before the roM for that )-ear shall ha\'e been fixed or adjusted, .and 
 ill transmit 1))- post to e\er)- non-resident named in such roll, ,1 
 or )-earl)- -\-aiue at wliich his real propert)-, 
 
 notice of the actual 
 
 J 
 
^(^ 
 
 nVE-I.AWS ANf) ORDINANCES. 
 
 and the sums at which his pc-rsonal property shall have been 
 assessed by thein. 
 
 22. The Town Clerk shall, on the receipt of the assessment 
 roll of each ward from the Assessors, make a cop)' thereof, .'r- 
 ran<.;ed in the alphabetical order of the surnames, and shall post 
 sucli copy in his office for fourteen days, for the inspection of 
 any rate-pa)er of the Town ; niid shall i^ivc notice that such roll 
 is frosted for one :ccck in a uc:rspapcr pnhlishcd in the Toi^'ii ; and 
 an\' rate-payer, or firm, or compan\', who shall think himself or 
 themselves not lej^allx- entitled to be rated, or that he or they are 
 overchari,red on saitl roll, may, within such fourteen days, but 
 not after, <^nve notice in writin;^ to the 'I'own Clerk that he 
 ai)peals from such rate, either in the whole or in part, and shall, 
 in such notice, state the grounds of his objection to such rate. 
 
 23. The subject matter of such apjjcal shall be tried by a 
 Court, to be composetl of three meml.)ers of the Council to be 
 ai)pointed by the Council; and the Recorder, who after hearing 
 the complaint, and the .Assessor and .\ssessors, antl any witnesses 
 ailduced b\- or on behalf of either of them uniler oath, shall 
 iletermine the matter, and either confirni, modif}' or amend the 
 roll accordinj^ly, and if the part)" appealinj^" shall fail to appear, 
 the Court shall proceed ex parte; and if any elector of the Town 
 shall deem that any j)art\' has been assessed too low , or has 
 been omitted front saiil roll, the Clerk shall, at the recjuest of the 
 elector in writing;', L^ive notice to the part)-, and to the assessor 
 or assessors, of the time when the matter will be tried b)- the said 
 Court, and the matter shall be decided in the same manner a> 
 comi)laints b)- a |)art)- assessed, ami the roll, as finally passed 
 by the Court, and certified b)- the Clerk as so passed, shall be 
 \alid, and shall bind all i)arties concerned, notwithstantlint; an)- 
 defect or error committed in or in rei;ard to said roll. The said 
 Court of Appeal shall also have poxcer, and it shall be their duty, 
 when a pioperty shall have been assessed in the name of a person, 
 -icho is not the proper owner or occupier, to transfer the assessment 
 to the proper owner or occupier; when any property has been 
 assessed more than once for the same i^eneral assessment, to strike 
 out such as shall be improper or illi'j^-al ; to correct any clerical 
 errors made by the assessors in any assessment. 
 
 2,4.. The Clerk shall post up in the Town Hall, or his office, 
 or such other place in the Town as the Mayor shall direct, a list 
 (jf all complainants on th.eir own behalf aL;ainst the ^Assessors' 
 return, and of all complaints on account of the assessment of 
 other parties, statiuLj the name of each with a concise descrip- 
 tion of tlie matter complained aL;ainst, together with the time 
 
 I 
 
lavc been 
 
 sscssmcnl 
 lercof, ?Y- 
 sliall p*>st 
 section of 
 7 sin/i roll 
 'in^'ii ; and 
 himself or 
 )»• they are 
 da\-s, but 
 k that he 
 and shall, 
 ch rate, 
 tried by a 
 ncil I'to be 
 ter hearing 
 y witnesses 
 oath, shall 
 amend the 
 to appear, 
 f the Town 
 low , or has 
 [uest of the 
 the assessor 
 I by the saitl 
 manner a> 
 lally passeil 
 cd, shall be 
 tandin.L,^ ;in\- 
 1. 'fill' saiil 
 h' then- duty, 
 of a person, 
 ',• assessment 
 ■tr has been 
 'ent, to sti'ike 
 anj' elericat Jj 
 
 or his office, 
 direct, a list 
 le iXssessors' 
 issessment of 
 cisc descrip- 
 ith the time 
 
Mi 
 
 ancc in 
 which 1 
 iion-rc- 
 I the Coi 
 or nitc; 
 propcrt 
 sufticic 
 cslimat 
 
 be calh 
 may be 
 
 of each 
 
 ;? assessc 
 
 1 and th 
 
 4 i'')ll, aft 
 
 the Coi 
 
 and se 
 
 chai'i,^ei 
 
HVK-l.AWS AM) OKDINANCKS. 
 
 3; 
 
 i 
 
 when llic Court will be lick! to hear such complaint, which h^t 
 nia\- be in the form j^n'vcn in the Appendix A, Schedule B. Notice 
 as per form in the Appendix A, Schedule C, shall be left at the 
 place of residence or business of the complainant, if resident of 
 the Town, and if non-resident shall be mailed to their address, 
 or left on the premises assessed, at least U\v ilays before the 
 nieetinL,^ of sucli Court ; like notice shall also be delivered at the 
 place of business or abode of the assessors. 
 
 ^3- 
 
 The roll shall be made up, and delivered in. not later 
 than the first da\' of June in each )-ear, or at such other time as 
 the Council shall, b)' resolution, nominate and appoint. 
 
 36. The Court of Ap])eal aiul re\ision shall be held when- 
 c\er practicable, before the first da\- of Jul\' in each }-ear. 
 
 27. When the roll is completed it sImiI be handed to the 
 Town Clerk and laid before the Council, who shall thereupon 
 make estimates of all sums which ma\' be required for the lawful 
 purposes of the Town for the ensuiuL,^ \ear, makini; due allow- 
 ance in sucli estimates for the abatement, losses and expenses 
 which ma)' occur in the collection of the taxes, and of the ta.x of 
 non-residents, ami for the taxes which ma\- not be collected, and 
 the Council shall authorize the le\)'inj4 and collection of a rate 
 (jr rates of so much or. the dollar on the assessed value of the 
 projjerty thereon, as in the judi;nient of the Council shall i)e 
 sufi'icient to raise the sum or sums recpiired on such estimate or 
 estimates. 
 
 2<S. The Town Clerk shall procure a book for each ward, tf) 
 be called the .Assessment Hook for Ward No. — , as the case 
 ma\' be, in which he shall set down anil enter the names in full 
 of each part}' assessed, in their respecti\e wartls, and the correct 
 assessed \'alue of the real and ])ersonal j)ropert)- of each part)', 
 and the \'alues so set tlown shall be taken from the assessment 
 roll, after the same shall have been fmall)' settled, and ie\ ised b)- 
 the Court of Appeal and Revision ; aiul he shall also calculate 
 and set down the amount of the rate for w hich each part)- is 
 chari^eable, which said assessment book and rates shall be re\ ised 
 and a])pro\'ed b)- the Council, or a committee of their number 
 for that purjxjse appointed. 
 
 29. As soon as the assessment roll shall be approved of 
 b)' the Council, or a committee thereof, the Treasurer of the 
 'I own shall cause each person or com.paii)" so rated, or his or 
 Itheir aqent, to be ser\ed w ith a notice in the form in the Appen- 
 dix A, Schedule I), and in the case of non-residents, the same shall 
 be mailed to their address, or left on the property assessed. 
 
i;\i:-i,A\\s AM) ()i:i)[NA\(i:s. 
 
 30. If any jx^Tson rated or assessed shall not pa}- the amount 
 within tliirt)' d i\'s after the ser\'ice of the notice, or in case of 
 non-residents after the same has been niailed to their address, or 
 left on the assessed property, or within such other period as shall 
 be linu'ted for the payment of the same b\' the Council, the 
 Treasurer shall without dela\- le\-)- the same, toi^ether with /riV 
 and one half i)er cent. additi')nal, and the c(xsts and ('.\i)enses 
 of the collection thereof, by the distress and sale of the ^oods 
 and chattels of the party, or the compan\' who ouj.dit to pa\' the 
 same, or t)f an\- i^'oods and chattels in his possession, wherc\'er 
 the same ma\' be found within the Town, and mav also make 
 distress of any goods a)id chattels, bein;^ the ])ropert\' of said non- 
 resident, which he may fmd \\\y^\\ any of the land of said non- 
 resitlents, upon which the taxes lia\e not been paid, and the 
 property distrained ma\' be remoxed to a place of safe-kee[)in;^. 
 Provided, that an\' pers;)n paviu'^ to the Town Treasurer the 
 amount of his taxes, within fourteen da)-s from the recei])t of hi> 
 notice, shall be entitled to a deduction of fi\e per ce.it. from the 
 amount of liis taxes. 
 
 31. If said i)roj)ert\' so distrained is not redeemed within 
 five days after such drstraint, the same shall be sold at auction 
 to pa)' the rates, j)er centaj^c, and costs and expenses of sale, 
 after three da)'s notice of such sale posted in three consj)icuous 
 places of the Town, and the balance, if an\'. shall be paid over 
 to the party le'^all)- entitled to recei\e the same. 
 
 32. If any part)' assessed shall be a non-resident of the 
 Town, or shall ha\-c remo\cd therefrom after such assessment, 
 and before the rate shall ha\'e been collected, or any balance 
 .shall remain due after such distress and sale, the Town Treasurer 
 shall sue for the amount, inclusi\'c of the two and one-half i)cr 
 cent., costs and expenses, in the name of the Town, as in the 
 case of any common debt, and the [)r()duction of the roll and 
 Assessment ik)ok of the ward shall be prima facia' e\idencc 
 of the debt. 
 
 })'^. In an)' case of non-payment of the rate, by cither resi- 
 dent or non-resident, the Treasurer shall, at his option, sue 
 therefor, toi^ct her with the additional ti^'o and o)ie-half per cent, 
 added thereto, in the first instance, and lev)' for an)' balance un- 
 collected, or shall issue and levy the distress, and sue for an\' 
 balance rcmaininjj^, after tlie sale of the distress. A certificate 
 of any judi,nncnt obtained b)' the Tow n fi)r taxes, under the 
 hand of the Recorder, shall, when recorded in the office of the 
 Rej^istrar of Deeds for the Count)' of Colchester, be a lien on the 
 real estate of the party against whom the judgment lia.s passed. 
 
\c ainoiKU 
 in case ol 
 LtUlrcss, or 
 k\ as shall 
 )uncil, the 
 
 u 
 
 ilh /ri'' 
 
 expenses 
 the l;()(h1- 
 to pay tin 
 , \vliei'e\er 
 also make 
 f said non- 
 said non- 
 d, and the 
 fe-keepin;.;. 
 jasurer tlie 
 ceipt of hi> 
 it. tvum the 
 
 ned within 
 at auction 
 ses of sale. 
 :onsi)icuou^ 
 J paid over 
 
 Jcnt of the 
 assessment, 
 m)- balance 
 n Treasvn-er 
 one-half pel- 
 n, as in the 
 the roll and 
 ci(C evidence 
 
 y' cither resi- 
 option, sue 
 
 utlf per cent. 
 
 ' balance un- 
 sue for any 
 
 A certificate i 
 
 s, under the 
 office of the 
 a lien on the 
 
 t has passed. 
 
can be 
 
I!^■^.-I..\\\■s AM) ()i<i)iN.\N( i:s. 
 
 39 
 
 34. Aii)' |)<."rs()ii absent fioin tlic I'roNijicf. and aii\- <-(im])ati\- 
 w'.Msc effects are not to b^ fouml, or are iiisuffieieMt to I(\) i:])on 
 1 va\' of disffe, , may b pi'oceeiinl a^^ainst for r.itis dm- the 
 
 n accoritiii'. 
 
 th 
 
 le provisions o 
 
 (Ic, (tor's act. 
 
 f ih 
 
 e absent or absc<)nuin'^ 
 
 !n case a part)-, a tiriii, or a toinpanv, who-,! taxes are 
 
 arrears and unpaid, shall make an as-.ii'nmcnt oi- litem 
 
 111' 
 
 i)ankrui)t, or 
 
 .d)le to pa)' sail! rates in full, the J 
 
 own 
 
 'treasurer shall, with the approbation of the Ma\'or. join in an)' 
 cnuiproinisi or accej)t aiu' ch'\idend or jjart pa)'ment, as tlie same 
 ina\' appear for the interests of the i'owii. 
 
 36. *Xo error, informalit)- or irre^Hilarit)' on the part of the 
 
 ro\> n Council, the assessors, or other Town ofllcers, shall aff . t 
 
 or prejudice the \alidit\' of an)' L;(ner.il assessment made a: d 
 
 k\iecl m sue 
 
 :h T 
 
 own. 
 
 Th 
 
 le in\aiitnt\', nle''alit\' or irre'.'ul itv 
 
 (if ail)' indi\'idual rate or assessment shall not extend .0 r 
 afiect the general assessment, or an\' 'ither iiuli\idual . 
 
 o: 
 
 assessment. 
 
 '^J. *In any suit pendinij in any cfuirt for the colic ^n S 
 liie taxes of the Town, the 'I'reasurer''; certificate, in writini;', iliat 
 the part)' appears on the assessment roll and the rate has not 
 been paid, shall be i)resumi)ti\e evidence of the rate beiiv,; due 
 and unpaid, and shall be sufficient to entitle the Town to a 
 jikl^inent without further proof, unless a L;()od and just defence 
 [can be made thereto. 
 
 No. IV. 
 MUNICIPAL COURT. 
 
 ISr.CTloN. 
 
 1. There shall be a Municii)al Court, to be presided over by 
 the Stipendiary and i^)liee Magistrate, or as hereinafter pro\-ided 
 ))• the Ma)'or or one Councillor, and the Town Clerk shall act 
 IS clerk thereof. 
 
 2. The Council shall appoint a suitable person to fdl the 
 )ffice of Stipendiary and Police Ma,<^dstrate, who shall also be a 
 fustice of the Peace ami a law)'cr. of at least three )'ears standiuLf 
 It the bar, who shall also act as Recortler, and shall be called 
 
 Recorder of the Town. The office of Stii)endiar)' Ma^dstratc 
 [lid Recorder may be filled b)' one and the same person, if the 
 -ouncil see fit to appoint him. In case of the temporar)' absence 
 |1 either Recorder or Sti[)cndiar)' Mai,dstrate, the Council may 
 |l)point a person to fill such offices during his or their absence. 
 
40 
 
 l!VK-l,A\VS AM) nKI»INA\(i:>;. 
 
 3. The salaries of the officers of the Council shall be from 
 time to time fixed l)\- the C'ouiKil. 
 
 4. All fines, fees and costs shall ^o to form a fund, out of 
 uhieh the salarv of the Stipendiai)' Majjjistrale and Recorder, 
 and the e\i)enses of the C'ourl, shall be defra\ed ; an)- deficiency 
 to be paid out of the j^^eiieral funds of the rowii, and aii)' balance 
 remainiiij^, after (lefra)'ini^ the above charj^es, shall be paid into 
 the ^feneral h\\\(\. 
 
 5. The Municipal Court shall ha\e jurisdiction, co,L,niiy.ance 
 and power, to tr}' ami determine in a summar>' \va\-, without a 
 jury, all ci\'il actions or dealings ex coiitnntit, in which the whole 
 
 cause o 
 in which 
 
 f acti 
 th 
 
 ion shall na\(.' arisen u 
 
 e cause o 
 
 fact 
 
 itliin the 'I'ow n of Truro, a 
 
 1 I-: 
 
 11(1 
 ion does not exceed iMsjlitv dollars, ami 
 
 for all balances not exceetlinc;" l'".iL;ht>" dollars, upon account- 
 
 stated and settled previous to suit, am 
 
 1 all 
 
 such cix'il contract- 
 
 where the amount orii^inallv tliie has been reduced to l'j'L,dit\ 
 dollars or less b)- pavment of cash, and when the Defemlant shall 
 pro\'e an off-set of t^nx-ater amount than the I'laintiff has proved, 
 ma\' L:i\'e iud''inent in favor of the I )efemlant for the balance 
 due him ; and shall try in a summar)- wav, without a jury, actions 
 
 ex diitcto in tlie nature of replevin, trespass to land or buildiii;;, 
 or other real estate, in which the title or riLjht of jjossession i- 
 not the object of controvers)-, provided the cause of such acti 
 oriLrinatetl vv ithiii the limits of the Town, ami the damaLfe claim 
 
 (Ml 
 
 (Al 
 
 m 
 
 ;iny 
 
 such case do not exceed Sixtv doll; 
 
 U'S. 
 
 No civil suit, f 
 
 I ir 
 
 any 
 
 debt 
 
 or (lealiii'f in which the whole cause o 
 
 )f act 
 
 ion shal 
 
 u 
 
 )n ir 
 
 criminal matters conferred upon one or more 
 
 Just 
 
 ices o 
 
 f tl! 
 
 iii.i« 
 
 th 
 
 c excctivc powers of the corporation, ar 
 
 re vested in the Ma\ 
 
 have arisen in the municipalitv, shall be broui^ht to any other i 
 
 court, except by .vay of appeal to the Supreme or County Courts | 
 
 Provided, that if the Plaintiff or Defemlant in such suit does net | 
 
 reside within the Town of Truro, the same may be sued, defended •; 
 
 or tried in an}- court haviiij^' jurisdiction. ? 
 
 6. The Munici|)al Court shall have ami exercise, within tl 
 bounds of the municipality, all the powers and jurisdicti( 
 
 Peace or Stipciidiarv or Police Masjistrate, bv an\' Act of tlu ; 
 Province or of the Dominion of Canada, or hitherto exercisable f 
 or heltl by him or them. The Municipal Court for the trial e' -f 
 criminals shall sit every day, if occasion reciuire, commcnciiiL; 'i' 
 ten o'clock, A. M., antl shall continue until all the causes are di- ,; 
 posed of Provided, that the Stipi-ndiarv- Magistrate or pe 
 presidiny^ may continue aii)' complaint for such time as 
 be necessai)-. 
 
 7. The administration of I'olice within the Tow n, ami 
 
1 be from 
 
 iiul, out of 
 Recorder, 
 deficiency 
 iiy b;d;iiice 
 I n;iid into 
 
 co^'titzance 
 without a 
 
 I the wliolc 
 Truro, and 
 .loUars. ami 
 
 II ;iccount> 
 1 contract'-, 
 
 to l^ii^dity 
 .•ndant shall 
 has proved. 
 the balatKc 
 jury, action- 
 or buildin;;. 
 )ossessioii i-- 
 
 such action 
 KU^e claimrd 
 civil suit, fi'i 
 action shall 
 to any other 
 mnty Court- 
 suit does net 
 .led, defentleil 
 
 se. within tin 
 urisdiction ir 
 istices of lli^ 
 ly Act of lli^ 
 to excrcisabk 
 "or the trial i>' 
 MnnienciuL^ ■'' 
 ;auses are ili~ 
 rate or per^- 
 time as nia} 
 
 Town, and a'. 
 I in the Mayol 
 
 4 
 
•' ■"] lilipi I II 
 
 iiWiiii 
 
 w isl- 
 and 
 
 r<.i 
 
 ado 
 
 J)r()(. 
 
 uitl 
 
 I ) nice 
 
 C'Icrl 
 
 all u 
 
 fciu 
 
 nioni 
 
 jud 
 
 oath 
 
 civil 
 
 MCCTI 
 
 I, 
 a !•(, 
 ofth 
 
UVE-l. ANN'S AND OUDl NANCES. 
 
 41 
 
 and Ct>uiu.illi)i's, .'ind llic Stipciuliai)' M I'^istratL-. The Major 
 
 and CoiiiK'ilior"* m rot.iliini. accnrdiiiL; to a 
 
 kost 
 
 IT, to br 
 
 l)\ 
 
 the Council pre pa I'd I, shall attend at the Police ( Xlici;, at some 
 tabic time and times to be naineil. and shall jjerform every 
 
 su 
 
 act appertainin;,; to the oillci" of Justice of the Peace. .Stipc-nd- 
 iarv or Police Mai^istrate, necessarv for the apprehension, com- 
 mital, conviction and punishment of criminal offenders, and for 
 carr\-inL,f into effect the laws in force atul the ordinances .md 
 l)\'e-la\vs of the Town, and shall have and exercise all and e\i.r\ 
 the powers \csted in the criminal side of the Municipal I'ourl, 
 pro\itled that the M.iyor or Councillor shall at all times ha\e 
 the power of callini,f to his assistance the Recorder and Sti- 
 peniliary MaL,dstrate, and that nothin;^ herein contained shall be 
 tlcemed to abrid.;t' the power of the .Stipcndiars- Magistrate as 
 a Police Ma;_;istrate, and that b\- order of thi- Council tlu- .Sli- 
 pcndiarx' Ma^dstratc ma\- be placed on the Roster, and shall 
 attend in rotation in the same maimer as the Major and Coun- 
 cillor. 
 
 S. The Mimicipal Court shall be holden for the tri.d of ci\il 
 causes, on the first and third Tiiesda)- of e\er)- month, com- 
 mencing at ten o'clock A. M., and may sit b}- adjournment, fro 
 
 m 
 
 (lay to day, u 
 
 n 
 
 til all the causes in the lists for trial are called. 
 
 The Recorder and Stipendiarx Maj^dstrate sh.ill, until other- 
 wise directed b^- the Coimcil, frame and make all rules, orders 
 and re_L;ul.'itions resj)ectinj,f the practice in the Muiiicij)al Court 
 for the trials of ci\il causes, and shall make, order and declare, 
 adopt, aiu! from time to time var\' and alter the \arious writs, 
 processes and forms to be used by the Municipal Court, toj^fether 
 with a tariff of costs, char-res and fees 
 
 l)rocee(.linj4S sha 
 
 II b 
 
 e siLHietl, sealed a 
 
 nd 
 
 All 
 issuec 
 
 writ." 
 
 aiK 
 
 I oti 
 
 ler 
 
 1 bv the 'J 
 
 own 
 
 Clerk, and shall be directed to the Police or other Constable. In 
 all undefended civil cases in the Municipal Court, where the de- 
 fendant fails to appear at the time and place nameil in the sum- 
 mons for his appearance, the Court shall be at libert)- to ^ivc 
 ju(l;^qnent for the plaintiff, without his a|)pearin.t,f and makint,' 
 oath to the justi* e of his claim. The party succeedin^^ in all 
 civil cases shall .,• entitled to his co.sts. 
 
 : 
 
 |y 
 
 No. V. 
 POLICE FORCK. 
 
 Si:ci ION. 
 
 I. The Council shall, as often as occasion shall rctjuire, sc'cci 
 H Policeman or l*ol icemen who shall act as day and ni,L,dit watch 
 of the Town of Truro, and in the event of more than one Policc- 
 
42 
 
 RVi:-I,A\VS AMJ ORI)r\AN( KS. 
 
 man bcin^ api)ointc(l, shal! select one of the number to be Chief 
 of the I'olice. 
 
 2. 'i'hc I'oh'cemen and all special anil cxtr.'i. Constables, to be 
 appointeil as hereinafter provided, shall be under the authorit\-, 
 direction and control of a Committee of Police, to be composed 
 of the Ma)'or, the Stipendiary Magistrate and three members of 
 the Council. 
 
 'llie I'olicemen shall be prompt to obe}- and carr\- out all 
 
 tl 
 
 le ortlers and directions from time to time "i\en 
 
 to 1 
 
 nm, or 
 
 such number of them as the Council shall select, and shall serve 
 
 dl processes, ci 
 
 own, aiKl un 
 
 vil and criminal, and make all arrests w ithin the 
 der the direction (.f the Committee of Police, shall 
 
 ia\e a 
 
 11 tl 
 
 le power aiu 
 
 lutJioritv in all m Lers crmimal, aiul in 
 
 case of breach of the peace, anil for preserviiiLj (luiet anil j^ood 
 oriler, which Sheriffs and Constables possess within their juris- 
 diction, and shall inimediateU' report to the Town Clerk or some 
 (nember of the Committee of I'olice any \iolation or infraction 
 of the act of incorporation, or of an}' b)e-law or ordinance of 
 the Town, an)- case of breach of the peace, or of ijuict and <,H)od 
 order, and any criminal matter within the municipality that 
 
 shall 
 
 come 
 
 to tl 
 
 leir knowledge or under their notice. 
 
 4 The Committee of Police shall cause to be entered in a 
 book ail)' special order or direction in rc\t;ard to Police matters, 
 which book shall be in the custody of the Town Clerk, and shall 
 be at all times open to the inspection and i^uidance of the 
 policemen in the dischar^^e of their duties, and which they shall 
 be bound at once to obey and carry out. 
 
 5. The Council shall, from time to time, fix and apjjoint the 
 fees, salar)' and emoluments to be paid to the Policemen. 
 
 6. The Chief of Police, or any i'oliceman told off to serve 
 civil processes and execute writs for the Civil Court, shall, before 
 enterinjj^ on that duty, j^ive security in such sum as the Council 
 •shall ilirect for the ilue and faithful accounting; for and payini; 
 over any moneys that may be coUecteil by him, or come into his 
 possession or under his control. 
 
 No. VI. 
 
 SPl'XIAL CONSTABLES. 
 
 Section. 
 
 7. In ca.sc of riot, tumult or disturbances or illegal act of 
 any kind, accompanied with force and violence, within the pre- 
 cinct of the municipality, or a just apprehension thereof, the 
 Maj'or, Stipendiary Magistrate, or any one or more of the Coun- 
 
be Chief 
 
 Ics, to be 
 luUiority, 
 ompcscd 
 MTibcrs of 
 
 ry out all 
 ) him, or 
 hall serve 
 vilhin the 
 ilicc, shall 
 ;il, and in 
 and ^rood 
 icir jvn-is- 
 k or some 
 infraction 
 linance of 
 and L;()od 
 ality that 
 
 tcred in a 
 :c matters, 
 , and shall 
 ice of the 
 they shall 
 
 ppoint the 
 
 leii. 
 
 IT to serve 
 
 hall, before 
 
 he Council 
 
 md payini; 
 
 me into his 
 
 ef:;al act of 
 lin the pre- 
 thereof, the 
 f the Coun- 
 
r.V 1".-1 .AW S A N 1 ) ( )1< I )1 N A N I T.S. 
 
 43 
 
 cillors, m 
 
 ;i>', by 
 
 \vritin_L,^ under their hands, a])p()int an\' nunihci' 
 
 of Si)ccial Constables to assist in ])reser\in_L; peace and orde 
 .S. Such Special Constables shall be under the direction and 
 
 control of the Con)inittee of I'olice. 
 
 (J. 'Jhe Ma\dr or any number of the Cdnnnittee of Police 
 
 may swear in sucli S])ecial Constables to the laitliful dischar_i;e 
 
 of their duties. 
 
 10. Jhe ai)j)ointnu'nt of such Special ( Onstables shall con- 
 tinue in force tor tl.e space of se\cn days Ironi tiu' date of such 
 appointment, unless sooner revoked l)\- the Conunittee on I'olice, 
 
 11. In case any ch'sorder or disturbances sjiall occur at any 
 public ineetinj^f or assembla_L;'e of j)ersons, the .Ma\-or, .Stipend- 
 iar)- .Magistrate or an\' Councillor of the 'l"ouii, upmi tiu' re(|ue>l 
 of the chairman of such meetini^or of three or more freeholders, 
 ma)- \erball\' aj)i)oint and swear in Sjiecial C'onstables, who shall 
 aid in restoring; and preser\in;_; order and peace at such meetin;^ 
 or assembh', and who shall be under the control of the Mavor. 
 Stipendiary Ma;_;istrate or any member of the Council. 
 
 IJ. All}' person appointed a .Special Constable who shall 
 refuse to act or be sworn in, shall be liabU' to a ])enalt\' not e.\- 
 ceeiliiiL;' ten dollars. 
 
 I ^. 'Ihe .Mayor may, from time to time, appoint such num- 
 
 ber of e.xtra Constables as he ma\- deei 
 
 n necessars' anc 
 
 1 f. 
 
 ir such 
 
 ])erio(l, not e.xceedin;^ one year, as he shall deem re(|uisite. 
 
 14. I'Lach e.xtra Constable shall be sworn in before the MaNor, 
 .Stipendiai')- Magistrate or any of the Councillors, to the faithful 
 discharj.,fc of his duties while he shall continue to be an e.xtra 
 Constable. 
 
 15. The Council may compensate an\- extra Constable for 
 loss of time when called out f<jr s[)ecial duty, but in no other 
 case. 
 
 16. The e.xtra Constables shall be under the direction and 
 control of the Committee of I'olice; they shall ass-st the I'olice 
 Constables in an)- of their duties. 
 
 17. On the rctpiest of the Mayor, Stii)eniliar)- Ma;,^istrate or 
 
 Committee of I'olice. the\- shall serve 
 
 any sununons or execute 
 
 anv warrant emanatiui 
 
 rom 
 
 the police or Court of the Town, 
 
 or perform an)- other dut)- that a Police Constable has authority 
 
 t( 
 
 ) CIO. 
 
 In case of an actual breach of the peace occurrini; in their 
 
 l)resencc. tiic)' shall intertere to preserve orc'er, and, it necessai)', 
 
 shall arrest wroiv^Mloers and convey them to the lock-up or ,L;aol. 
 
 In cases of larceii)', f)r alle^anl larcen\'. the extra Constables 
 
 shall have power to act in prevention or otherwise, and in cases 
 
 m.: 
 
44 
 
 nVK-LAWS AM) ORDINAXCKS, 
 
 of violent removal of f^roods, or violence as to property- in houses 
 or tlie possession thereof, shall have power to assist in keepinj^; 
 the peace. 
 
 In case any persons are found b)' the I'olice or extra Consta- 
 bles in the act of defacin,L,% injurinj^^ or destroyin^f .any bridu[e or 
 public pr()])erty, or trees on an)- street, lane, or public or oi)eiT 
 place, or in the front of any house or buildinj.^ which have been 
 ^rowinj^r oi" placed there for shatle, ornament or f)ther puri)ose, or 
 discovered tli.i;j4in_i4 up or removinj.,^ any of the soil of the com- 
 mon, or defacin;^ or injuring the exterior of an}' house, buildini; 
 or fence, or the shutters or the ai)i)enda,!j[es thereof, or in w ritin^^ 
 any oljsceiie or profane words on any fence or buildinL,^, the 
 Police or extra Constables shall arrest such trespassers if the)' 
 are unknown i)ersons, and take them to the lock-up or jail, and 
 detain them there in order to ascertain their names, .Ljivintj im- 
 mediate notice to the Mayor, Stii)endiary Mac^istrate or Com- 
 mittee of police, anil if the parties so cau'dit are known, shall 
 
 report the fact, with the names and residences of the parties, to 
 the Ma)-or, Stipendiary Magistrate or Committee of Police, 
 witlunit makin,L,f any arrest. 
 
 1 8. 'I'he names of parties appointed as extra Constables 
 shall be posted up inside the Police Office, and shall be pub- 
 lished in handbills posted in conspicuous places in the Town 
 within one month of such appointment and bein^ sworn in. 
 
 19. Any extra Constable so appointed, who shall not attend 
 at the Police Office at such time as he shall be notified for the 
 purjiose of bein^ sworn in, or who shall refuse to take the oath, 
 shall be liable to a penalt)' of not less than ten or more than 
 forty dollars, to be recovered in the name of the Town as a 
 
 )n- 
 
 tlebt, and in default of pa)-ment shall be subject to impris( 
 ment in the lock-up (jr county jail for a period of not less th; 
 ten or more than sixt)' days. 
 
 ui 
 
 No. Vll. 
 PROSl<:CUTIONS. 
 
 SkCI ION. 
 
 I. All fines and i)enalties incurred under the Statute con- 
 ccini i<; tlv:: Tow 11 of 'I'ruro or any .Act in amendment of or in 
 addii'on tliereto hereafter to be passed, or under any bye-law or 
 '^rd.inaricc cS the Town, or for any breach of an)- provision of 
 lay act of tliu' Provincv , now cr hereafter to be in force resj)ect- 
 ii.^T the sale lA intoxicating^ liquors, may be enforced in the Civil 
 or I'ohcc Court of i:\.; Town, at the prosecution of the Town, 
 
 r 
 
n lioiiscs 
 kccpinj;- 
 
 L Consta-- 
 bricli^c or 
 
 or open 
 live been 
 M'pose, or 
 the coni- 
 
 buildin^ 
 n writin^^ 
 Jini;, the 
 rs if the)- 
 
 jail, and 
 Whv^ im- 
 
 or Com- 
 )\vn, shall 
 )arties, to 
 jf Police, 
 
 Constables 
 I be pub- 
 .he Town 
 rn in. 
 lot attend 
 L'd for the 
 : the oath, 
 nore than 
 'own as a 
 imprison- 
 : less than 
 
 
 ■ 
 
 I 1 
 
 atutc con- 
 It of or in 
 bye-law or 
 rovision of 
 :e respcct- 
 n the Civil 
 the Town, 
 
ami 
 
 b\-c-la 
 
 owner 
 
 such ii 
 
 aftcr 
 
 animal 
 
 rcclaiii 
 
 Ma\()r 
 
 inal, 
 
 Torfciti 
 
 applict 
 
 applia 
 
 byc-hn 
 for the 
 
 1 010 II 
 
r.Vr.-I.AWS AM) OKDINANCKS. 
 
 45 
 
 Hiul all fines and pcnallics wIkmi rcc()\crccl >liall fdrin |)art of llic 
 i^cncrai fiintl of the 'JOwn. 
 
 2. When any rent shall be clue t(» the lown, and in anear, 
 the MaNor or an\- Cnniniittee of I'liblit I'ropertv- shall ha\ e full 
 [jdwer to issu< a warrant of distress for the same under his 
 liaiul and seal, directetl t«> any Police Constable of tlie Touii. or 
 the same ma}' be >ucd for in the name of the l"o\\ ii as a com- 
 mon clebt. 
 
 V In cases when, at the suit of tiie Town or b)- an)- other 
 ])erson, a summons is issuetl for tiie violation of any b\e-Ia\\ or 
 ordinance, or of any provis^dis of the present or an)' amendeti 
 Act of Incor])oration of the Town, and tiie same is tlisobe)i'd, 
 it shall be lawful to issue a v.arrant ais'iinst the part)' so refusini;' 
 or ne_L;'lectinL,f to obe\' such summons, or a warrant ma)' be issued 
 In the first instance. 
 
 x\o. VIII. 
 
 POUND AND POL'ND KKKPKRS. 
 
 Si I TKiN, 
 
 1. Suitable Pounds siiall be erected, one at each end of Jic 
 Town, or an)' otlier localit)' deemeil advisable b\- the Council. 
 
 2. The Coimcil shall annuall)- appoint a keeper for each 
 pouiul, 7i.'//(> shall be rcsponsihli- for and pay to the Tox^'n Clerk all 
 futes payable to the Toioi on all animals iinpoiinded. 
 
 3. Whenever an)- animal is impounded for a breach of any 
 bye-law or ordinance of the Town, the i)ouiul-keeper, in case the 
 owner of such animal is known to hini, shall ^ive him notice of 
 such impounding'' as soon as ])racticable, and if within two da)'s 
 after said notice or within five da)'s after the impoundiiiL,^ of the 
 animal the ow ner is imknown, the owner of said animal does not 
 reclaim and remove it and pay the forfeiture incurred, the 
 Mayor shall issue an order for the sale at auction of such ani- 
 mal, and in such case the balance, if an\', 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 '-^o to the use of the Town. 
 
 4. Before an)' animal, impouiuied for the breach of any 
 b)'e-law, shall be released, the owner thereof or party appl)-in^ 
 for the release shall pay the followinfj forfeiture /r; the Pouiid- 
 keepei, in addition to the fines imposed under any /ye-laio of the 
 Toion : — 
 
46 
 
 F:\F.-I AWS AM) ORDfNANCKS. 
 
 I**()r notices, ulicn t^ivcii $'J -5 
 
 Keeper unlockinj^ I'oiiiul o 20 
 
 l\ee|)er relc.isinj,^ the ;miiii;il O 20 
 
 ]'\n- proxicliiiL,^ Piox'cmler for the ;uiiinal while in 
 pound, if ilorse, Colt, Ox, Cow, C.ilf or V']<^, 
 
 each (la\- O 50 
 
 if (joat or (joosc, each tiay o 15 
 
 X, 
 
 COLTS, CAIA'i:S AM) (iKICSl- 
 
 Si.criiiN. 
 1. 
 
 fl( 
 
 .lt> 
 
 t^eese sna 
 
 all 
 
 auction on 
 
 the cl; 
 
 ji^oinj 
 
 ollowni''' su 
 
 ch 
 
 conviction, unless 
 
 th 
 
 pui 
 c owner 
 
 shall have previously paid the fine impcrsed, to^'ether with all the 
 
 expenses conscciucnt on the seizure 
 
 and k( 
 
 :cp 
 
 o 
 
 ft! 
 
 ic an una I 
 
 and 
 
 lorses, oxen, cows, swine, colts, j^^oats anc 
 tiot be allowed to <4"o at lar^e within the Town of Truro. 
 
 2. J'he Police Constable or any other i)erson may iini)ouiul 
 any horses, cows, swine, <;()ats or j^eese found at lai\t;c in an\ 
 street, lane or other place within the Town. 
 
 3. The owner of any horse, ox, cow, pi^^, L,'oat or j^oose 
 t^oiiiL,^ at lari^e, shall forfeit and i)a\' the followini,' amount, vi/ : — 
 l'"or eacii ami e\ery horse, o.x, cow, L;(iat or pi<^^ the sum of one 
 dollar for the first offence, and two dollars for e\er)' subsequent 
 offence ; and for each and ever\' ijoose, the .sum of twent)--fivc 
 cents for the first offence, and fifty cents for every subsecjuent 
 offenc. This fine to be recovered in the V'ow)/ Court, in the 
 name )'" the Town, whether the animal shall have been im- 
 pounder or not. 
 
 4. The Stipendiary Maj^nstrate, or i)crson i)residini^, shall, 
 on the application of a part)', issue a warrant to brin<4" the parts' 
 before him for trial. 
 
 5. If the offender, on conviction, does not pay the fine im- '< i 
 posed, the Stipendiary Ma,i;istrate, or officer presidinL,^ shall i I 
 order the animal so found n'oin'^ at larL'"e to be sold at nublic ; « 
 
 on the sale, after detluctin_L^ the fine, the expenses aforesaid, ami 
 the expenses of the sale, the balance shall be paid to the owner. 
 The Council shall make rei^ulations in reference to do<js ^"oins; 
 at lari^e, or coni;rej^atin^ within the limits of the Town, and im- || 
 pose penalties for the breach of the same. 'I'he owner or ow 
 
 of do<>s, within the 1 
 
 i\\n. s 
 
 hall 
 
 pay 
 
 annua 
 
 lly a U 
 
 )f 
 
 IX ot one 
 
 ncr: 
 do! 
 
 lar for every do<^ owr 1 by him or them, or kept in his or their 
 possession, such tax be due and payable on the first of 
 
 Augu.st, in each and every year, and the owner of every dog 
 
.$o 
 
 25 
 
 . o 
 
 20 
 
 . o 
 
 20 
 
 in 
 
 
 IT 
 
 
 ^>' 
 
 
 . . O 
 
 50 
 
 . . O 
 
 13 
 
 OXKN. 
 
 jrccsc shall 
 
 ro. 
 
 y impovnul 
 
 :^c in an\' 
 
 t or ^H^osc 
 lunt, viz:— 
 ;inn of one 
 subscqncnl 
 twcnty-fivc 
 subscHiucnt 
 )urt, in the 
 - JDccn im- 
 
 idini:j, shall, 
 o the parly 
 
 the fmc im- 
 lidini;', shall 
 Id at pulilic 
 s the owner 
 
 with all the 
 ininial ; and 
 "uresaid, and 
 o the owner. 
 , dogs \:,o\\y^ 
 )vvn, and im- 
 icr or owners 
 : of one dol- 
 \ liis or their 
 
 the first of 
 -){ every dog 
 
sh.ill c 
 with t 
 aiul in 
 
 two (l( 
 
 ill the 
 6. 
 
 Cmist; 
 and to 
 the M; 
 
 nr 
 or 
 
 mil 
 
 SiCl Kin 
 
 I. 
 slliill 1; 
 Couiici 
 Coiinci 
 intcndcj 
 the C( 
 c'xcrci 
 confcrr 
 l\L'\-isc 
 Street.^ 
 
 2 
 
 to hou 
 to be 
 tentleii 
 r.iithfi 
 receive 
 Troni ti 
 
 uirectK 
 Town, 
 rcj),'iirs, 
 w^ aw; 
 in,L[ anc 
 nels. p; 
 to the 
 cncroac 
 
 4- 
 cecdiiK 
 
1!M:-I..\\VS ami ORhlNANCF.S. 
 
 47 
 
 sli.ill L.'Uisc ;i collar to be pi, iced aroiiiul the neck of said iIol;, 
 uitli the owner's name thereon, and the nuniher of his re;4istr\' ; 
 ,iiid in default of such a collar, so placi-d, shall forfeit the sum of 
 two dollars ; such lax and penalt)- to he suid for and recovered 
 in the Municipal Court of said Town. 
 
 (). It shall be the especial dut)- of tin- Town .md I'ol'cc 
 Constable, at all times, to attend to and enforce this b\e-lau, 
 and to report an\- infraction of it to the Stipemliarv' Ma_L;islr;itc, 
 the Mavor. or a (!ouncillor. 
 
 7. Nothing he!-eiii contained shall be construed to restrain 
 or limit the ri^ht to impoimd an}- horse, colt, ox, cow, pi^, ^<jat 
 
 or _i;oosc J^^oini; at larj^e. 
 
 No. X. 
 
 sTki-j'/rs. 
 
 Sl,( I KIN. 
 
 1. The streets of the Town and the expentliture thereon 
 shall be placed under the control of a C'ommittee of three 
 ( niincillors, one from each W.iid, to i)e annually chosen hy the 
 ( ouncil. to be called the Co-'^mittee of Streets, and the Super- 
 inlcntlent of Streets shall bj uniler the direction and control of 
 the Committee. The said Committee of .Streets shall ha\e and 
 exercise, within the limits of the Town of Truro, all the powers 
 conferred upon the Commissioners of Streets, under Chap. 49 
 Revised .Statutes, 4th series, entitled "Of Commissioners of 
 Streets." 
 
 2. The Committee sliall clioose a .Superintendent of .Streets, 
 to hold office imtil his successor is appointed, or until removetl, 
 to be remoxed at the pleasure of the Council ; such Su])erin- 
 tciulent to b'; sworn before the Mayor or a Councillor to the 
 faithful dischar<;e of his duty, and to ^ive such secin-it)' and 
 receive such coinpcnsation for his services as the Council may 
 from time to time direct. 
 
 3. It shall be the duty of the .Su[)crintendent, under the 
 direction and control of the Committee of Streets within the 
 Town, to attend to the laj-in^,^ out, witienin*^, elevations and 
 repairs, the sweeping,'', cleaninL,^ antl waterin^t,^ of the same, clear- 
 
 wv^ away 
 in^r ;ind i 
 neh 
 
 th( 
 
 snow 
 mprovin 
 i)avemen 
 
 and oth 
 
 >.M' like 
 
 dut 
 
 les, an 
 
 d th 
 
 e makm^r^ rej)an-- 
 
 n^ of any bridges, drains, sewers, ^nitlers, chan- 
 uid sidewalks within the same, anil i^ive notice 
 to the CoiTunittee of Streets of any nuisance, obstruction, or 
 encroachment thereon. 
 
 4. The Superintendent shall keep such accounts of his pro- 
 ceedings as shall be ordered by the Council or Committee of 
 
^ 
 
 ^yk 
 
 ^. 
 
 o.T^>«^. 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 k 
 
 /, 
 
 {./ 
 
 
 
 
 A 
 
 
 /a 
 
 1.0 Irli- IIM 
 
 
 I.I 
 
 a^ 
 
 M 
 
 2.0 
 
 1.8 
 
 
 1.25 1.4 1 1 A 
 
 
 ^ f," 
 
 ► 
 
 Photographic 
 
 Sdences 
 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
? 
 
 
 
 
48 
 
 l;\i:-I,A\VS AM) ORDIXANCES, 
 
 Streets, .'ind furnish accounts, proper!)- vouched, whenever re 
 quired to do so by the Committee of Streets. 
 
 5. Tlie Committee of Streets shall ha\-e power to make 
 contracts for the supply (jf labor and materials for the streets, 
 and for the use of such horses and carts as shall be required for 
 tiic purposes of the street ser\'ice. 
 
 6. The Committee of Streets shall have power, under direc- 
 tion of the Council, at any time to enter into a private contract 
 with an}' person or persons to keep the streets of the Town, or 
 an)' pf)rtion of them, in '^ood order and repair, or to put that 
 ser\'ice up to i)ublic competition. 
 
 7. No such contract or lettinc,^ shall be for a period of o\er 
 one year, and tlic contractor, whether by private at^recment or 
 public comj)etition, shall <^i\-e bonds, with <,rood and sufficient 
 sureties, in such sum as the Council may name, for the faithful 
 performance of the work. 
 
 <S. 'I'hc Council may, from time to time, in their discretion, 
 pay the contractor such proporti(M"iate part of the contract price 
 as they may deem just and prudent, but no money shall be paid 
 except on a certilicate of the amount of work done, and that 
 the same ha.s been well and faithfully performed, sij^ned by the 
 Superintendent and countersi<.,med by the Chairman or two of 
 the Committee of Streets. 
 
 9. All sums recjuired for the street ser\'icc, within the Tow n 
 of Truro, shall be taken from and borne by the general re\enucs 
 of the Town. 
 
 10. lu'cry male resident of the Town, between the at^cs of 
 ci^^hteen and si.xty, except firemen, en;^nne-mcn, a.xe-men, and 
 ministers in chart^e of con<^rc<,rations, shall annually pay a road- 
 tax of Ofh- Dollar, and the balance of tiic sum required for 
 Street purposes shall be raised by an equal rateable assessment 
 on the real and personal estate of the citizens, in the same man- 
 ner as the other revenues of the Town are raised by assessment, 
 and the sum so raised, together with the sum realized from the 
 road-ta.x, shall be paid in to the Town Treasurer, and become 
 part of the j^eneral revenues of the Town, provided that the 
 .sum of Four Dollars be deducted annually from the rates to be 
 levied annually on all members of the Fire Department in lieu 
 of their present exemption from Statute labor. 
 
 1 1. No person shall pile, deposit or jjlace on any road, street, 
 lane or other public place of the Town, any manure, compost, 
 wood, lumber or other substance or material whatsoever, under 
 a penalty of Three Dollars for each offence, and every twenty- 
 four hours that such manure, compost, earth, wood, lumber or 
 
icncvcr re 
 
 :r to make 
 the streets, 
 cquired for 
 
 mdcr direc- 
 itc contract 
 ic Town, or 
 to put that 
 
 riod of o\'er 
 
 ^recment or 
 
 id sufficient 
 
 the faithful 
 
 ir discretion, 
 ontract price 
 shall be paid 
 ne, and that 
 iu-ned by the 
 m or two ol 
 
 lin the Town 
 cral revenues 
 
 1 the ai^^es of 
 axc-mcn, and 
 Y pay a road- 
 required for 
 Ic assessment 
 he same man- 
 3y assessment. 
 lizcd from the 
 ■, and become 
 ■ided that the 
 he rates to be 
 irtment in lieu 
 
 ny road, street, 
 nurc, compost, 
 atsocvcr, under 
 every twent)'- 
 'ood, lumber or f i 
 
 "I 
 
thcr 
 
 buil 
 to 1; 
 
■f!YK-l..\\VS AM) ()R1»1NA\(T,S. 
 
 49 
 
 otlicr substance or material, shall remain i)ilecl, tlcpositcd 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. 
 
 12. No person shall slack, riddle, mix with sand or other- 
 wise prepare lime, in any of the roads, streets, or lanes of the 
 Town, unless by written permission from the Superintendent o'f 
 Streets, under a penalty of Two Dollars for each offence. Pro- 
 vided, that any person or persons buiidin^^ or repairinu^ a house 
 or houses in the Town of Truro shall be permitted to use and 
 occui)y ten feet in width from the line of the street toward the 
 centre, to extend the leni^th of the house or houses so beini^ 
 erected or rc])aircd, for the purpose of pilinj^ lumber, stone, 
 brick, sand or lime, and for mi.xinj^ lime and sand, or doin^i;- such 
 other work as may be necessary for the erection or repair of 
 sucli house or houses so beiniL,^ erected or repaired : such portion 
 of the street so used and occupied to be enclosed by a substan- 
 tial fence erected by tlie person so buildinjj^ or re])airin;^^ as 
 .iforesaid, such parties also to provide a suitable path or side- 
 walk, at least two and one-half feet in width, around such fence. 
 Persons so buildinjT or repairini^ shall be at liberty to use said 
 portion of the street as long as to the Superintendent )f Streets 
 shall seem necessary. 
 
 13. The occui)iers, owners or persons in char<;e of houses, 
 stores, lots and pieces of land, shall be bound, after every fail of 
 snow, to clear away the snow from the sidewalks and gutters of 
 their respective premises witliin two hours after it shall have 
 ceased to fall, under penalty of not less than one or more than 
 fi\e dollars on each j)erson who neglects or omits so to do, un- 
 less excused by the Superintendent of Streets. 
 
 14. No person shall encumber or obstruct a free passaj^e 
 through any street, lane, or sidewalk or jjath of the Town, by 
 exposing for .sale, unpacking or suffering to remain upon any 
 road, street, lane or alley, or upon the sidewalk or footjiath 
 thereof, any lumber, iron, coal, trunk, bale, crate, cask or pack* 
 ai^^e or other articles, or an\-thing, for more than two hours, or 
 leave any such articles at night on the road, street, lane or side- 
 walk after six o'clock, under a penalty of not less than one dol- 
 lar ; and the continuance of any such obstruction f(jr one hour 
 after notice given by the Police or other Constable to remove 
 the same, shall be deemed a new offence, and for every hour it 
 is continued he shall be liable to an additional fine of fifty cents. 
 
 15. The Council shall have power to layout, down and 
 build any new bridge, or to alter the location of any bridge, and 
 to lay out any new street, road, lane or highway ; to impro\'e, 
 
 7 
 
.•o 
 
 f;\K-f.A\\S AM) OkDfNA.VCr.'S. 
 
 1 1 
 
 t'lilarj^c, make straiL;lit .'ii\(l widen an)- bridge, road, street, lane. 
 l)assaL;e or public place within the Town, and for that purpose 
 to reino\e when necessar)' an\- buil(h'nc,^ projection, wall or 
 fences, or portion thereof, to tlirect a surxx')' to be maile, and. 
 unless a satisfactorj' private arrangement be matle, yrhad ai)point 
 one competent person, and the proprietor (>f the propert}' s(,^ 
 sou_L,dit to be fdki:n cr/ruurvt't/, or ///s a,i^('ii/, i^nth'ni five days after 
 iiotiic tlwrcto rcquiriiii;; li'nii, shall ai)[)oint one other competent 
 l)erson, whose name he shall hand in u> the Town Clerk xvithiu 
 t\vo days thereafter, and in ease of default on the Part of the said 
 [proprietor or his agent so to appoint as aforesaid, then the Mayor 
 shall appoint a second competent person, and they two, so chosen, 
 shall aj)point a third competent person as appraiser, none of uhom 
 shall be interested in said road, street, lane or bridi^e, or tlie land 
 to be occupied by any new brid^^e, but who may be residents of 
 the Town, and who shall Ix," compensated for their labor out of 
 the Town funds to appraise tiie chima*^a's to be \y,u(\ to those 
 whose lands may be taken to form the road, street, lane or the 
 site of any bridj^e, or whose buikh'n^', wall or erections may be 
 removed or destroyed in whole or in part for the improvement 
 of any street, lane or i)ublic passa<^c. 
 
 (6. The ai^praisers appoi)ited as in the preceding Section 
 shall notify the parties interested and hear then^ if reciuired, and 
 the appraisement beinj,^ ma(.le by the three appraisers ov any t\\(^ 
 of tliem, notice shall be <^iven to each person whose land is 
 taken, or wiiosc buildini^s are to be removed in whole or in part, 
 or to his a<^ents, ten days at least before the meetinj^ of Council 
 at which it is to be confirmed, the Council shall <,n've any part}' 
 objectiui^r to the appraisement an opportunity of beini^- heard 
 and of provint,'^ their objection by testimony. If the expense 
 and damai^e ai)pear to the Council to be cxccssi\'e when com- 
 pared with the utility of the work, they may suspend or aban- 
 don tlic undertaking at any period, compensating for any dam- 
 age actually done, 
 
 17, Hereafter no proprietor or possessor of land shall open 
 for public use or dedicate to tlic public any new road or street 
 over and on his property, of less than sixty feet wide, and the 
 Coinmittee of Streets are authorized, in their discretion, wholly 
 or partially to close up and obstruct any road, street, lane or 
 thoroughfare of less than sixty feet in width, which may be here- 
 after laid out or opened, or which may have been so laid out ami 
 opened contrary to law; a)id in case of such dedication, the line of 
 such street shall be subject to the approval of the Streets Committee, 
 18. The C!ouncil shall not accept the dedication of any road, 
 
street, lane, 
 at purpose 
 )n, wall or 
 made, and, 
 Kwl app(jint 
 M'operty sf- 
 r days af to 
 
 competent 
 Icrk tcilhiii 
 
 of the said 
 
 'the Mayor 
 a, so chosen, 
 mc of \vhoin 
 , or the land 
 
 residents of 
 labor out of 
 aid to those 
 , lane or the 
 ions may be 
 mprovement 
 
 iiil 
 
 dinyi; Section 
 •equired, and 
 rs or any t\v(^ 
 hose land is 
 lie or in pari, 
 n- of Council 
 vc any party 
 bciny,- heard 
 the expense 
 -e when com- 
 -nd or aban- 
 for any dani- 
 
 nd shall open 
 oad or street 
 wide, and the 
 rction, wholly 
 street, lane or 
 may be here- 
 to laid out and 
 tion, the line of 
 •ets Committee. 
 n of any road, 
 
Inn 
 
 I 
 
 >h 
 
 mit 
 
 .h;i 
 
 She 
 
 frc. 
 
 to 
 
 adn 
 
 trill 
 
 thci 
 
 b>- 
 
 rc(iu 
 
 (ir 
 
 hiin.^ 
 
 tlicn 
 
 the 
 
 ])r()\ 
 
 J) roc 
 
 l)rcc 
 
 (lircc. 
 
 be I 
 
 not 
 
V,\ 1,-1. AWs .\N!> okl'IN \M V.s. 
 
 5^ 
 
 -ircct or laiic t' > tlu 
 
 own n 
 
 f 
 
 u idtli f li.in ^isf \- \\r\, i)(ii 
 
 sliall ;ui\' ])ij!)lic nioDics or rcvc!UK'> \k- paid out or cxpc 
 
 lU 
 
 Ird 
 
 op 
 
 ail)' road, street or latic, of Ics^ width than >i.\ly feet, r^r ni//,-s> 
 the line tlwrcof luxs brni so appiwvrd by tlir StiYcts i'iu)iiiiitl,i 
 c'xccjjt the roads, streets or lanes in whith, at the time of in- 
 corporation of the Town, statute labor lias aetuall\- Ix.'en done 
 or ])ublic monies expended. 
 
 19. Persons inten(h'n,i;' to build upon or close to the line of 
 a street shall, before di^^'L^inL;" the foundation or comnuNiciiiL; the 
 buiUii^_L,^ <'ippl\' to the Committee of Street-^ to eau'-e the line of 
 street to l)e dethied and laid out, and >liall defra\- tlu' expenses 
 
 .f 
 
 'it a survey, if necessary to employ one, and ■•iiall dii; tlu: foun- 
 dation and erect the building; within th(^ line. ;\nd if any j)er- 
 -^(ln shall erect a building;" on the line of said street, or without 
 niakini;' such api)lication and havin;^ the line so ascertainetl, he 
 >liall forfeit a sum of n(>t le^s than fort)' dt)llars or more than 
 ri-ht)- dollars, and shall also rcmo\e the encroachment, or 
 otherwise the Council or their Committee of Streets max* cause 
 the same to be removed or take the steps allowed !)\- law in case 
 ■ >f nuisances. 
 
 20. When thi- Committee of Streets or their Superinten- 
 dent shall ha\e proceeded to ascertain the line of the street on 
 the a})pIication of any person about to l)ui!d thereon, ami he 
 shall be dissatisfied with the line jjointed out b\' the said Com- 
 mittee or their Superintendent, a Jud^^e of the .Supreme Court 
 >hall, upon the ai)plication of either j)art}', issue a precept to tin' 
 SheritTor his Dejjut)- tc) summon a jury of twel\c tlisinteresled 
 freeholders to meet on some convenient da\- therein mentioned 
 to view and lay out the line; and the jury shall ha\e an oath 
 administered to them by the SherilT or his Deputy, well and 
 trul)- to lay out and establish the line of street accrM-dini;' to 
 their best judt^mcnt, and the witnesses tendered shrdi be sworn 
 b}- the Sheriff or his I)e[)uty ; and if the jurors or either part)- 
 recjuire it, a new^ sur\'ey of the line shall be made, and the Sheriff 
 or his Deputy sliall make a return forthwith, under the hands of 
 himself and the jurors, to the Jud_q;e, w ho, if he shall approve 
 thereof, shall confirm the return, and the same shall be filetl in 
 the office of the Town Clerk ; but if the Jud,L;e shall not ap 
 l)rovc of the return, a new precept shall be issued and further 
 proceedings hatl thereon in the manner presci'ibetl as to the first 
 precei)t, and so until a return be confirmed, and the Judc^e shall 
 direct how ant! by whom the expenses of the prf)ceedinL,^s shall 
 be paid, and the same shall be taxed b)- the Judi;e, and shall 
 not exceed fort)- dollars. 
 
52 
 
 nVE-LAWS AND ORDINANCES, 
 
 'iT 
 
 21. Any pcrsjii who shall clcsi^ncdl)' and unnecessarily 
 drive any carriajfc or cart, sleigh or sled, or ride on a sidepath, 
 or obstruct any sidewalk, or leave staiidin^r thereon any carria^a*, 
 cart, sleigh, sled or horse, or roll or place heavy articles on thc- 
 sanie, to the injury or obstruction of the sidewalk, shall for 
 every offence forfeit not less than one dollar nor more than ten. 
 
 No. XI. 
 
 PUBLIC PROPKRTY. 
 
 Section. 
 
 1. The Council shall have full power to manatjjc the real 
 estate of the Town, to improve and ornament the same, aiul to 
 lease the same for any term not exceed inj^ ten years, and on 
 such conditions as they shall see fit, and for any period cxceed- 
 \n<^ ten years, by and with the consent of the Governor-in- 
 Council. 
 
 2. All leases and deeds shall be under the Town Seal, 
 siLjned by the Mayor and countersigned by the Town Clerk. 
 
 No. XII. 
 AUCTIONEERS' LICENSE. 
 
 Skction. 
 
 1. No person shall, within the Town of Truro, exercise the 
 office of Auctioneer, or sell at public vendue any real estate, 
 };oods, or chattels whatever, without beinjr licensed thereto by 
 the Council, which license shall be granted on application to the 
 Committee of Licenses, and shall be in the form in the Appen- 
 dix, and be signed by the Mayor and the Town Clerk. 
 
 2. The fee for such license shall be twenty dollars, subject 
 to be from time to lime altered as the Council may determine, 
 to be paid at the time of applying for the same ; 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 ex- 
 ceeding fifty dollars for each offence, to be sued for and recov- 
 ered in the name of the Town and for the use of the Town. 
 Nothing herein contained shall extend or apply to Sheriffs or 
 Officers of Justice selling under process of law or by direction 
 of any Court. 
 
 No. xin. 
 
 OF SLAUGHTERING. 
 
 Section. 
 
 I. No person exercising the trade of a Butcher shall, in 
 
 ■1|.! 
 
necessarily 
 a sidcpath, 
 y carria^a', 
 cles on the 
 , shall foi: 
 c than ten. 
 
 ic the real 
 .me, and to 
 irs, and on 
 [)d cxcecd- 
 overnor-in- 
 
 fown Seal, 
 I Clerk. 
 
 exercise the 
 real estate, 
 thereto by 
 ation to the 
 the Appen- 
 k. 
 
 lars, subject 
 r determine, 
 and if any 
 te, goods or 
 5um not ex- 
 r and recov- 
 f the Town. 
 ) Sheriffs or 
 by direction 
 
 her shall, in 
 
nVK-l.AWS AND ()K1)|\A\( r.S. 
 
 53 
 
 future, sI.iiiLjhtcr or dress for food any iinimal within the Town 
 of Truro, in any year, durin^^ the mmlhs of May, June, }u\y, 
 Auj^aist or September, within the fo'Iowiiv^ hniits, that is to s,iv, 
 not nearer than a (|uarler of a mile i-ast of l\ca(lin;;'s eorner on 
 the Intervale Road, and Watson's Hrook on the Harmony Road, 
 on the east, the 'I'own line on the south, except at Miller's Cross- 
 in^f, and no butcherin^r to be done there nearer than one (|uar- 
 ter of a mile south of the Railua)- track ; a line tlrawn from the 
 said Truro line, throu^di a point one quarter of a mile west from 
 the Court House to Salmon River on the north, under tin- pen- 
 alties imposed by Chap. 30, R.e\ised Statutes, ff/urth series, "U( 
 Nuisances." 
 
 No. XIV. 
 
 OF HKALTH WARDICXS. 
 
 •Skction. 
 
 1. The Town Council shall annually appoint six rate-pay- 
 ers, two out C)f each Ward, to be Health W'artlens or Inspectors. 
 
 2. The said Health Wardens or Inspectors shall, within the 
 liinits of Town of Truro, have all the powers j^nven to Health 
 Wardens and Inspectors in the City of Halifax ant! elsewhere, 
 under Chapters 29 and 30 of the Revised Statutes, fourth series. 
 
 3. The Town Council shall have and exercise all the 
 powers conferred upon the County, General and Special .Ses- 
 sions under said chapters. 
 
 4. All penalties for breach of any of the provisions of said 
 chapters shall be sued, enforced and ccjllected in the name of the 
 Town of Truro, by said Town for its own benefit, in the Muni- 
 cipal Court of said Town. 
 
 5. The Town Council shall pay out of tiic funds of the 
 Town all expenses incurred by their directions or authority in 
 carrj-in^ out the objects expressed in said chapters. 
 
 No. XV. 
 
 LIQUOR LICENSE. 
 
 Skction. 
 
 1. *No license for the sale of intoxicatinj^ liquors shall be 
 ^'ranted by the Town Council, except at the rc^^ular quarterly 
 meetings of the Council, and then only in accordance with the 
 requirements of the laws of the Province in such case made and 
 provided. 
 
 2. *The Town Clerk, for the time being, shall be Clerk of 
 License for the Town of Truro. 
 
54 
 
 f!vr:-i.A\v> AM) ()ki)i\AX('r:s, 
 
 
 3. *AI1 penalties collected within the Town of Truro, under 
 Cha[)ter 75, Re\ised Statutes, fourth scries, or any act in amend- 
 ment thereto, payable under the said acts into the County Trea- 
 sury, shall be \r,ik\ over to the 'i'reasurer of the Town for Town 
 purposes. 
 
 4. *The Council, Ma)-or, License Coinrnittec or a majorit} 
 of them, shall have power to revoke or suspend any such license, 
 if, in their jud^nuent, the order and welfare of the Town re- 
 quire it. 
 
 5. *The form of License, Bond, Summons, &c., Sec, sliall 
 be the same as now in use under said Cha[)ter 75, Revised Sta- 
 tutes, and the acts in amendment thereof, with such alteration.-- 
 in the wordint^ of said forms as to render them applicable t(^ the 
 Town, and the carrxMii;^^ out and enforcing" the provisions of saitl 
 laws within the precincts of the Town, such ftjrms of summon> 
 to be maile as provided in the act re,L;"ulatin_:^f the Town Court. 
 
 6. An)' person to whom a license shall be ^i,n'antcd, sh-"ll, 
 before recei\-inc;" the same, pa)' the whole duties <'uid fees to the 
 Clerk of the License, and shall enter into a bond with two sure 
 ties, in the form in Apiiendix A, Schedule V, which bond shall. 
 when executed, be filed with the Town Clerk. 
 
 7. The Mayor or any Councillor or the Recorder shall ha\e 
 full power and authority, upon \'iew or upon complaint made 
 upon oath of any riotous or disorderly conduct in any tavern oi' 
 other place where liquor is sold, to arrest, or order, or issue a 
 warrant for the arrest of the party or parties and take them to 
 the jail, and thereon the Mayor or Prcsidin;^ Officer shall enquire 
 summarily into the matter of such complaint, and shall investi- 
 j^atc the same, and shall dismiss the same with costs, to be paid 
 by the complainant, or shall convict the keeper of such inn or 
 ta\'ern, or otlicr place where intoxicatintj licjuors are sold, of 
 hax'ini;' a riotous, disorderl)- house or shop, and shall abroL^^ate 
 the license for keeping' the same, or shall sus[)end the benefit of 
 the same for any period not cxcecdini^ sixty da)s, with or with- 
 out costs, as in his discretion may seem just, and durin<^ the 
 I)eriod of such suspension the keeper of such inn, tavern, or 
 other place where intoxicating^ liquor is sold, shall lose all the 
 privile<^"2s, power and protection that would otherwise have been 
 afforded him by this said license. 
 
 <S. The ISLayor, Councillor, Recorder, or Police Constable, 
 shall have full power to enter at all times, by day or by nis^ht. 
 all places within the Town where intoxicatini^ liquors arc licensed 
 to be sold, for the purpose of seeini^ that the provisions of the 
 act rcijardintj the sale of intoxicating liquors, or any acts in 
 
ruro, under 
 
 in amcnd- 
 
 unty Trca- 
 
 1 for Town 
 
 a majorit} 
 Lich license. 
 : Town re- 
 
 ., &c., shall 
 eviscd Sta- 
 alterations 
 :able to tlu 
 ons of said 
 f summon.-- 
 vn C(jurt. 
 uited, sh'dl, 
 fees to the 
 ;h two sure 
 bond shall. 
 
 r shall ha\'e 
 plaint made 
 ly tavern or 
 r, or issue a 
 akc them to 
 hall enquire 
 hall invcsti- 
 ^, to be paid 
 
 such inn or 
 are sold, of 
 lall abroL,rate 
 ic benefit of 
 ;ith or with- 
 1 durini^ the 
 1, tavern, or 
 
 lose all the 
 ■le have been 
 
 c Constable. 
 
 or by night. 
 
 s arc licensed 
 
 isions of the 
 
 any acts in 
 
amc 
 
 is c( 
 
 «)US, 
 
 ;irrc 
 law, 
 four 
 f 
 othc 
 or \\ 
 or a 
 piibl 
 I her 
 Ma.L 
 incr 
 (jrcU 
 
 plac 
 into 
 ha\-( 
 iary 
 ai^ai 
 said 
 tain 
 out 
 
 liqu 
 
 inc^ 
 
 Ma: 
 
 (luir 
 
 so ii 
 
 date 
 
 licju 
 
 shal 
 
 hftv 
 
 lock 
 
 shal 
 ( 1 i re 
 
 SlX'I 
 
l'.Vi:-l.A\VS AM) OKDINANCKS. 
 
 55 
 
 amcndincnt thereof, atul an\- b\c-la\v or ordinance of the Town 
 is complied with, and for the purpose of putting;' down an}- riot- 
 
 ous, disortlerh-. uaniblin^, uidecent cont 
 
 bh 
 
 duct. 
 
 anc 
 
 1, if 
 
 neeessar\-, to 
 
 arrest the party (jr ])arties so s^uilty of viohitin;^' the law. or bye- 
 
 wn, and all minors or apprentices 
 
 law, or ortlmanc 
 
 e of the To\ 
 
 found therein, antl to take them to the jail for examination. 
 
 9. It shall be the duty of the Police Constable, and any 
 other [)erson appointed b)' the Council for that i)uri)ose. on \ iew, 
 or when thereto ordered by the Mavor, Stipendiar)- Magistrate, 
 or any Councillor, to arrest all i)ersons found in the streets or 
 public places of the Town in a state of intoxication and detain 
 lliem in the jail for examination, and the Ma\-or, Stipeiuliar)- 
 Ma_L,nstrate, or any Councillor, shall inflict such fnie or imprison- 
 ment as by the laws (jf the Dominion of Canada is in such case 
 (jrdcred and provided. 
 
 10. If, in such examination, such person shall disclose the 
 place where he obtained, and the part\- who furnished him with 
 intoxicatin^L( Hc|U(;rs, and if the part)- whose name is disclosed 
 ha\'e no license to sell intoxicating;" licpu^rs, the Max'or, .Stipend- 
 iary Mai^istrate, or Presidini,'' Councillor, shall issue a summons 
 ai^ainst the {)erson whose name h;>.s been so disclosed as af(-. - 
 saitl, and the proprietor of the place where the li(|Uor was ob- 
 tained, who shall thereupon be prosecuted for selling;" li(:[uor with- 
 out license. 
 
 11. If the proprietor of the place where the intoxicating^ 
 liquor has been obtained hold a license ftjr the sale of intoxicat- 
 ing; liquors in force when the said licpior was furnished, the 
 Mayor shall cause to be served on said proprietor a notice re- 
 quiring; him not to sell or furnish intoxicating; li([uor to the party 
 St) intoxicated, as aforesaid, for a period (jf six months from the 
 date of said notice, and if the said pro[)rietor shall furnish 
 li({uor to the said party at any time w ithin the said j)eriod, he 
 shall be liable to a fine of not less than twenty or more than 
 fifty dollars for each offence with costs, and to be confined in the 
 lock-up or Count)' Jail until such fine and costs arc paid. 
 
 12. No Councillor of the Town or Justice of the Peace 
 shall hold a license for the sale of intoxicating'- liciuors. or be 
 directly or indirectly interested in the sale thereof b)' r'.'tail. 
 
 No. XVI. 
 * HACKNEY CARRIAGES AND LIVERY STAI5LES. 
 
 >r.CTION. 
 
 I. *No person shall keep or drive for hire any carriaj;e, 
 
S6 
 
 BVE-LAWS AND ORDINANCES. 
 
 wagon, slci<^h, cab, omnibus, coach or other conveyance, for tlic 
 conveyance or carriage of passengers or to ply as a hackney 
 carriage, cab or omnibus in the streets or lanes of the Town, un- 
 less under a license for that purpose previously obtained from 
 the Mayor and License Committee, 
 
 2. * Carriages so licensed for carrying persons from place 
 to place within the Town shall be numbered, 
 
 3. * The License Committee shall have the supervision of 
 the owners and drivers of such carriages and their conduct. 
 
 4. * The number of each carriage shall be painted or fixed 
 in some conspicuous part or parts thereof, and the said number, 
 together with the owner's name, shall be registered in a book to 
 be kept at the Town Clerk's Office for that purpose. 
 
 5. *A11 applications for such licenses shall be made in writ- 
 ing to the Mayor and License Committee for the time being, 
 and no such application shall be icccived but from the dofia fide 
 owner of the horse or horses, carriages and harness to be used, 
 and unless the applicant shall be recommended by at least three 
 resi)ectable householders, and shall execute a bond to the Town 
 with two sufficient sureties, in the sum of one hundred dollars 
 for the faithful performance of his or their duty, and for the safe 
 conveyance of property placed in his or their charge. 
 
 6. * The fee for such license shall be the sum of Two Dol- 
 lars and fifty cents to keep and drive for hire, as aforesaid, one 
 horse, Five Dollars for two horses, and for each additional horse 
 over and above two, one dollar, such fees to be paid at the time 
 of taking out the license. 
 
 7. * The carriages employed, the horses, with their fitting-up 
 and harness, shall be such as the Mayor and License Committee 
 approve, and shall be subject to the inspection and approval of 
 the Mayor and Committee, and the Committee may suspend or 
 revoke the license of any person who shall keep in use any 
 driver, carriage or horse objected to by the Committee, or de- 
 cline to obey their order in respect to the carriages, harness, 
 fittings or conditions of any such carriage. 
 
 8. * Every hackney carriage, when driven or used in the 
 night time within the Town, shall have fixed upon some con- 
 spicuous part of the outside thereof two lighted lamps, with plain 
 glass fronts and sides, with the number of the license of such 
 carriage conspicuous thereon, under penalty upon the owner of 
 not less than one dollar or more than two dollars for each omis- 
 sion or breach of this rule. 
 
 9. * Licenses shall continue in force for no longer than one 
 year, and shall expire on the first day of March in each year, 
 
ce, for the 
 I hackney 
 Town, un- 
 ined from 
 
 "rom place 
 
 }rvision of 
 iduct. 
 ;d or fixed 
 d number, 
 a book to 
 
 de in writ- 
 ime being, 
 3 bona fide 
 
 be used, 
 least three 
 
 1 the Town 
 red dollars 
 or the safe 
 
 Two Dol- 
 )resaid, one 
 ional horse 
 It the time 
 
 ir fitting-up 
 Committee 
 ipproval of 
 suspend or 
 in use any 
 ittee, or de- 
 es, harness, 
 
 used in the 
 I some con- 
 5, with plain 
 ;nse of such 
 :ie owner of 
 • each omis- 
 
 er than one 
 n each year, 
 
but r 
 IVIayc 
 [)rop( 
 
 empl 
 ':,uiagi 
 iicccs 
 
 i( 
 who 
 Towi 
 costs, 
 a ten 
 
 1 1 
 for th 
 of th( 
 with, 
 bye-it 
 thcrec 
 
 M'.CTIO 
 I. 
 
 for th^ 
 thin^rj; 
 
 unless 
 Five ] 
 receiv 
 tion, : 
 .^•l■antc 
 such 1 
 cnsuin 
 
 shall : 
 I'j't^ht; 
 Forty 
 ity aiK 
 to trar 
 ordina 
 Clerk. 
 
 3- 
 or sue 
 
 force. 
 4- 
 
BYE-LAWS AND ORDINANCES. 
 
 but may be renewed on pa)'mcnt of the license fee. And the 
 Mayor and Committee of License ma)-, at any time the)- think 
 [)ropcr, suspend or revoke any such h'cense, whether for ne^di- 
 j^ence or misbehavior of tlie person in charj^^e in refusinj^r to bi- 
 employed, or in drivin<j^ the same, or for abusi\e or insuitiriLj lan- 
 cjuaj:^^ or for letting horses to hire on Sunday exce[)t in cases of 
 necessity, or for any other transgression of this ordinance. 
 
 10. * All persons, whether owners or drivers of carriages, 
 who offend against this ordinance, shall, on conviction in the 
 Town Court, be subject to a fine not exceeding ten dollars and 
 costs, and in default of payment to imprisonment in the jail for 
 a term not to e.vceed thirty days. 
 
 1 1. *The Council may fi.x the scale of prices to be charged 
 for the con\-eyance of passengers and luggage within the limits 
 of the Tow II, and any regulation required in connexion there- 
 with, and the same when made shall be considered part of this 
 bye-law and subject to the same penalty as regards any breach 
 thereof. 
 
 No. XVII. 
 
 
 TRUCKMEXS' RKGULATIONS. 
 
 Skction. 
 
 I. No person shall drive any truck, cart or sled or carriage, 
 for the transfiortation of goods, wares and nv handize, or other 
 things whatsoever, within the Town of Trur« . for hire or wages, 
 unless he shall be licensed as a Truckman, under a penalty of 
 I'ive Dollars for each offence, and no person shall be entitled to 
 receive a license who shall not produce a written recommenda- 
 tion, signed by parties willing to be sureties. License to be 
 granted on application to the Mayor and Committee of License, 
 such license to stand in force until the first day of March then 
 
 ensumg. 
 
 2. On granting such license the persons obtaining the same 
 shall execute a bond to the Town of Truro, in the sum of 
 I'^ighty Dollars and two good sureties, each in the amount of 
 Forty Dollars, conditioned for his orderly driving and the secur- 
 ity and safe conveyance of such articles as he may be require-.! 
 to transport, and also for the strict and due observance of this 
 ordinance or bye-law, such bond to be furnished by the Town 
 Clerk. 
 
 3. Such bond shall be drawn to stand in force for one )'cai', 
 or such proportionate part thereof as the license shall be in 
 force. 
 
 4. The sum of Two Dollars and fift\- cents shall be the 
 
vS 
 
 nVK-I.AWS AM) ORDINANCES. 
 
 license fee for the first horse, .'incl One Dollar for each atlditional 
 horse, and shall be paid aiiiuialK'. Licenses shall expire on the 
 first ihiy of March in each year. 
 
 5. Every b(^x-cart usetl b\' a licensed truckman shall be 
 capable of holding' three-cjuarters of a ton of coals without 
 bein^' heaped up, and shall be provided with such boards at the 
 ends and sides as shall perfectly protect that quantity, vi/., 
 three-quarters of a ton, from fallinj;" out. 
 
 6. iC\ery licensed truckman shall cause the initial letter of 
 his christian name and his surname in full len^^th, and also the 
 number of his license, to be painted in lav^c le;4ible characters 
 u|)on each side of his cart, truck or sled, and so continue the 
 same under tl.e penalty of one dollar for ever}- day that he shall 
 drive his cart, truck or sled without havin<^ his name and num- 
 ber so presented thereon. 
 
 7. The Mayor or Committee on Licenses, on the j^rantin,'^^ of 
 each license shall apjjoint the stand for the persons for the stand 
 so to be licensed, and all trucks, carts or sleds, when not cm- 
 plo)'ed, must be placed and kept durini^ workinj^ hours at 
 the several stands allotted to their respective proprietors in 
 such way and order as may be directed, and any truckman 
 taking up an)' other stand than that to which he shall be ap- 
 pointed, or, deviatint^ from the order prescribed, shall be con- 
 sidered as violatins^ this clause. 
 
 (S. No licensed truckman, bein^^ on his stand, shall refuse or 
 neglect to cart, truck or emplo)' his horse and cart, truck or sled 
 for any person within the Town of Truro when so requested. 
 
 9. No person under the a^^e of sixteen years shall be per- 
 mitted to drive a truck, cart or sled for hire, and the license- 
 holder of e\'ery cart, truck or sled shall be answerable and ac- 
 countable 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 ; and any driver of 
 such cart, truck or sled who may be guilty of drunkenness shall 
 be dismissed by order of the Mayor or any one of the Commit- 
 tee, and also forfeit and paj- the sum of One Dollar, and the 
 license of such truck, cart or sled shall be suspended or forfeited 
 by the Mayor or any one of the Committee, according to the 
 nature of the offence of such driver. 
 
 10. No licensed truckman or driver shall drive his horse 
 faster than a slow or easy trot, in or through any part of the 
 Town. 
 
 11. No truckman shall refuse or neglect immediately to 
 obey any call for any public duty to be made on him by the 
 
ditional 
 ; on the 
 
 sh:ill be 
 withoui 
 s at the 
 ily, vi/... 
 
 letter of 
 also the 
 
 laraeters 
 
 inue the 
 he shall 
 
 id num- 
 
 ^titiiv; of 
 :he stand 
 not cm- 
 liours at 
 ietors in 
 ruck man 
 11 be ap- 
 be con- 
 
 rcfuse or 
 k or sled 
 icstcd. 
 1 be per- 
 j licensc- 
 e and ac- 
 
 drivcr as 
 ;gulations 
 driver of 
 ness shall 
 
 Commit- 
 •, and the 
 r forfeited 
 ng to the 
 
 his horse 
 art of the 
 
 diatcly to 
 im by the 
 
H.' 
 
 Mayc 
 I'olio 
 liccn^ 
 cillor: 
 
 i: 
 st.'ind 
 consii 
 there 
 dent, 
 
 I : 
 sled \ 
 nose- 
 TowT 
 
 u 
 or SU; 
 for hi 
 
 It 
 ncss 1 
 four <. 
 used 
 
 i( 
 the c( 
 
 i; 
 
 pass ; 
 in tht 
 ric,dit 
 is abf 
 
 li 
 whetl 
 same 
 ciyht( 
 
 ic 
 settle 
 per k 
 
 2C 
 
 from 
 jiresci 
 forfeil 
 or mc 
 
 21 
 
 cart 
 all oc 
 is cap 
 
1".\ r.-I AWS AM) OKIHN AMKS. 
 
 50 
 
 Ma\'i)r or ;iin- of the Councillors, Slipcndi.irv- Miijistr.itc oi- 
 I'olicc Constable, and upon his refusal or iie_;lect so to oh^-y, hi^ 
 license siiall b(' suspended for sucli time as the Major or C'ou!i- 
 cillors shall think proper for such offence. 
 
 12. If ail)' licensed truckman shall neglect to oi.-cup>- hi> 
 stand or cease to truck for the space of one month, he shall b.- 
 considered as havin.Lj rcsi;j[ncd his staml, and shall not be entitled 
 thereto unless |)re\ented b)- sickness or other unavoidable acci- 
 dent, but ma)' ;ipi)l\' for and obtain a neu stand. 
 
 I j;. ?\'o truckman shall leave his horse and cart, truck or 
 sled without a ilrixer, or shall feeel his horse except from a 
 nose-ba<4' in an\' one of the i)ublic streets or lam-s of this 
 Town. 
 
 14. \o truckman, whose license shall ha\e been taken awa\ 
 or suspended, shall drive an)- cart, truck or sled within the Town 
 for hire without obtaining permission or a new license therefor. 
 
 15. I^\ery licensed truckman shall have affixetl to the har- 
 ness used for the j)urpose of tlrawini; his sled or sleij^h at least 
 four <,rood open bells or six round bells, such as are continually 
 used on sleii^dis. 
 
 16. lC\er)- truckman, in drivin;^ his cart or sled, shall leave 
 the centre of the street on his rii^ht hand side. 
 
 17. When the dri\er of an)- cart, truck or sled attempts t;> 
 pass another cart, truck or sled, or an)' carriage ha\in^ its head 
 in the same direction, such driver shall take care to pass on the 
 rii^dit hand side of such cart, truck or sled or carria;^e which he 
 is about to pass. 
 
 18. Whenever any cart, truck or sled shall at an)- time stop, 
 whether loading or unloadin;^^, on aii)- of the Town streets, the 
 same shall not be placed nearer to the centre of the street than 
 ci'ditcen inches. 
 
 19. In rcmovinf^ the furniture of a house, the rate shall be 
 settled by aj^rccmcnt of the parties; if not so settled, fift)- cents 
 per load per half-mile shall be chari;ed and paid. 
 
 20. If any licensed truckman shall ask, demand or recei\-e 
 from any person any ^n'eater rates or fares than is allowed and 
 prescribed, or may hereafter be allowed or prescribed, he shall 
 forfeit his license and pa)- the sum of not less than one dollar 
 or more than five dollars. 
 
 21. The licensed truckman or dri\'er in char^^e of his trucks, 
 cart or sled, shall be bound to load and unload, and to assist on 
 all occasions when employed, as far as such truckman or driver 
 is capable. 
 
 22. E\'cr)- licensed truckman shall be furnish.ed b)- the 
 
6o 
 
 RVr-I.AWS AM) OKDINANCKS. 
 
 Clerk of License with c()j)ie.s of this onhnance and with cards 
 containing' tlie rates and table of distances, to be made out and 
 fixed by the Mayor and Council, and the jjcrsons in charge ot 
 any licensed truck, cart or sjeil shall be bound, on re(|uest f)f an\- 
 person employing the same, to produce and exhibit to him sucli 
 card of rates, distances and loads, under the penalt)' of fifty 
 cents for such refusal, and such refusal shall justif)- the empIo\- 
 crs in withholding' pa)-ment until properl)' satisfied as to the 
 rate charL,'ed. 
 
 23. The Clerk of License shall make out and issue all 
 licenses for truckmen, and the bonds connected therewith. 
 
 24. All fines and penalties under this ordinance may be re- 
 covered in the Police Court in the name of the Town. 
 
 25. The Committee of License shall, from time to time, fix 
 and rej,adate the amount that shall be considered a full and 
 regular h^ad, under this ordinance, for a horse and cart, truck or 
 sled, and shall post the same in the office of the Town Clerk. 
 
 No. XVI I L 
 
 COM M K R C L\ L T R A V K L L K R S. 
 
 Sl-CTION. 
 
 1. Xo commercial traveller or agent, who is not a rate- 
 payer in this 'J'own, shall sell or offer for sale within the saitl 
 Town any kind or description of goods, wares and merchandize, 
 lither by sample or otherwise, without first obtaining a license 
 from the Town for the purpose, such license to be signed by the 
 Mayor, and in his absence by the acting ALiyor, and for the 
 granting of such license the applicant shall pay to the Town of 
 
 Truro the sum of ten dollars, to be paid to the Town Treasurer, 
 to become part of the revenues of the Town. This ordinance 
 shall not apjily to any pcrs(jn resident in this Province, bringing 
 produce, provisions, fuel and supplies, nor to any person bring- 
 ing fuel or agricultural produce to the Town. 
 
 2. Any person violating this ordinance .shall be subject to 
 ;ind pay a fine of not less than five or more than ten dollars, in 
 addition to the license fee, for each offence, to be prosecuted for 
 b)' an)' party who may inform in the name of the Town of 
 Truro, and on conviction and non-payment of fine, imprisoned 
 for not more than twenty days in the County Jail ; such offence 
 to be tried before the Recorder or one or more of the Town 
 (.-ouncil. 
 
th cards 
 out atul 
 harL,a' ot" 
 St of any 
 liiTi such 
 • of fifty 
 cmploy- 
 s to the 
 
 issue 
 
 all 
 
 th. 
 
 
 ay be 
 
 re- 
 
 time. 
 
 fix 
 
 full ; 
 
 uid 
 
 truck 
 
 or 
 
 Clerk 
 
 
 )t a rate- 
 I the said 
 ixhandize, 
 a license 
 ed by the 
 d for the 
 ; Town of 
 Treasurer, 
 ordinance 
 •, bringin*:: 
 son bring- 
 
 subjcct to 
 dollars, in 
 ecuted for 
 ; Town of 
 mprisoned 
 ich offence 
 the Town 
 
m;cti 
 I 
 whic! 
 offcn 
 uithi 
 liccii: 
 or su 
 the c 
 licen: 
 conti 
 (Icmr 
 liccn; 
 conti 
 by th 
 2 
 
 of el 
 set u 
 other 
 hibiti 
 obtai 
 obtai 
 feit a 
 sixt}' 
 impri 
 in^r tl 
 
 3- 
 shall 
 
 scribe 
 
 (lollai 
 
 Coun 
 
 hfteei 
 
 4- 
 hibiti 
 
 mora 
 
 ^KCTIC 
 
 I. 
 
 the C 
 the fi 
 
HYK-I,A\VS AM) DRI )I N AN( KS. 
 
 6i 
 
 No. XIX. 
 KXHIHITIOXS. 
 
 Skction. 
 
 1. No theatrical exhibition, pubh'c sliow or exhibition, to 
 which admission is obtained by tlic payment of money, shall be 
 offered to view, set up, maintained, carried on, or published, 
 within the Town, without a license first had therefor, which 
 license shall be f^ranted by the Maj-or on the payment of a fee 
 or sum of not less than two dollars nor more than thirty dollars, 
 the amcjunt to be fixed by the Mayor and expressed in saiil 
 license. ICvcry license shall express the number of da)-s it is to 
 continue in force, and an additional sum of one ilollar shall be 
 demanded for ever)- day beyond the number stated in the 
 license such theatrical exhibition, public show or ex'.iibition is 
 continued ; such license inav be renewed on terms to be fixed 
 by the Mayor. 
 
 2. All such exhibitions shall be closed at niLfht bv the hour 
 (^f eleven o'clock. Any person who shall offer to view, or shall 
 set up, set on foot, maintain or carry on, or shall publish or 
 otherwise assist in any theatrical exhibition, public show or ex- 
 hibitions of whatever name or nature, to which admission is 
 obtained on payment of inoney, without a license previously 
 obtained from the Mayor, agreeable to this ordinance, shall for- 
 feit and pay to the Town for every offence a fine not exceeding 
 sixt)' dollars, and in default of payment shall be liable to be 
 imprisoned in the County Jail or lock-up for a term not exceed- 
 ing thirty days. 
 
 3. y\ny person having charge of such an exhibition, who 
 shall keep the same open at night beyond the hour herein pre- 
 scribed, 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 
 fifteen days. 
 
 4. The Mayor may withdraw the license and order the ex- 
 hibition to be at once closed if it appears to him that it is im- 
 moral, profane or indecent. 
 
 No. XX. 
 
 ANNUAL MKKTING. 
 
 Section. 
 
 1. The annual inceting shall, unless otherwise ordered by 
 the Council, be held in the Court House on the Tuesday before 
 the first Tuesday of May, at the hour of three in the afternoon, 
 
 i« 
 
6: 
 
 r.VL:-I.A\VS AND ORDIXAN'CKS. 
 
 of which mcctinj^ five days' notice shall be given b)' bills posted 
 in three ccjnspicuous places in each Ward. 
 
 2. Whenever at such meetini^ it is contemplated to recom- 
 mend any sum required to meet any extraordinary service or 
 improvement, the Mayor or Chairman shall, at the commence- 
 ment of the meeting, announce the hour when the vote shall be 
 taken ; and on the arrival of the hour other business shall he 
 suspended and the voting proceeded with, after which tlie sus- 
 pended business may be proceeded with, or new business en- 
 tered on, provided that no business shall be transacted at such 
 meeting except such as is provided in the forty-fourth section of 
 the Act incorporating the Town of Truro. 
 
 3. The Town Clerk shall provide a separate sheet for any 
 service or improvement rccomincndcd b}' the Council, the head- 
 ing of which shall designate the service or improvement recom- 
 mended ; said sheet shall contain three columns, in one of which 
 shall be printed or written in alphabetical order of the surnames 
 the name of cver\' rate-payer of the Town entitled to vote at 
 such meeting, and the others shall be headed resjiectiveh' "Aye" 
 and "Nay," and maj' be in the form in Appendix A, Schedule 
 A, hereto annexed. 
 
 4. The finding of the names of the rate payers on the same 
 sheet, or the production of his receipt for the taxes of the pre- 
 ceding year, shall determine the right of any person to vote at 
 such meeting. 
 
 5. In taking the \ote the Town Clerk shall call out the 
 name of the rate-paj-ers on his list, when such rate-payer, if 
 present, sliall give his vote "Aye" or "Nay," and the Town 
 Clerk shall immediately record the same under the respective 
 column according to the vote given. 
 
 6. An}- rate-paj'er whose name shall have been omitted 
 from the list shall be entitled to iia\e his name entered on the 
 list and to vote in like manner, on production of his tax-receipt 
 for the ])reccding \'ear. 
 
 7. If more than one ser\'ice or imi)rovement shall be f-ecom- 
 mended b)' the Council, the rate-pa\'ers shall vote on each sepa- 
 rately, but at one and the same time. The lists after every meeting 
 shall be endorsed and carefully filed awaj' to serve as records. 
 
 No. XXI. 
 TO SUIT'LV VACANCIES. 
 
 SKtTIO.N. 
 
 I. Upon an}' vacanc}- occurring within the }-ear of the office 
 of Mayor or Councillor, the Ma}-or, or if it be a vacanc}- in the 
 
s nos 
 
 stcd 
 
 ) rccom- 
 ^rvicc or 
 inmcncc- 
 
 shall be 
 ; shall be 
 
 the sus- 
 incss en- 
 i at sucli 
 icction of 
 
 :t for any 
 :lie hcad- 
 it rccom- 
 
 of which 
 surnames 
 vote at 
 ;ly "Aye" 
 
 Schedule 
 
 the same 
 f the prc- 
 :o vote at 
 
 11 out the 
 >payer, if 
 ;he Town 
 respective 
 
 n omitted 
 cd on the 
 ax-reccipt 
 
 be I'ecom- 
 cach sepa- 
 ry meetini;' 
 
 records. 
 
 )f the office 
 mcy in the 
 
( )fficc 
 to be 
 
 ])cr.so 
 
 2 
 noini 
 ortlin 
 of Ti 
 
 .•)■ 
 the o 
 the V 
 
 4- 
 clectc 
 make 
 liis (.i< 
 ill's di 
 lion c 
 clccti 
 afcirc 
 
 D- 
 
 /'owi 
 the 7 
 of tic 
 withi 
 lars t 
 cillor 
 \ice ; 
 sucli 
 6. 
 in \vi 
 
 ;■ 
 
 })oun 
 shall 
 sliall 
 8, 
 the '] 
 unlcs 
 (jbtai 
 of tw 
 Icct \ 
 Toui 
 
 of tl 
 
 office 
 
i;\K-I,A\VS AN'h OkDINAXCKS. 
 
 ^i 
 
 office of M;i)-or, the J'rcsidiiv^^ Councillor shall declare the office 
 to be vacant, and the voters shall thereupon elect a ciualified 
 jjcrson to fill the vacant office. 
 
 2. The election for a \-acanc)- shall be conducted as to 
 noniinati(Mis, and in all other resjjccts in the same manner as 
 ordinary elections under the Act of Incorpcjration of the Town 
 of Truro, (i)i(/ <^f any act or dc/s amfiiduii:; the saiiir. 
 
 \. The Ma\'or or Presidin'^ Councillor shall, on declarinu' 
 the office \'acant, declare the (la\' on which the election to fill 
 the \-acancy shall be held. 
 
 4. If at an\' election of Councillor any person shall be 
 elected for more than one Ward, he shall, w itliin one week after, 
 make his election fi)r which Ward he will sit, and commum'cate 
 his decision to the Mayor or Presiding;' ( )fi"icer, and in default f)f 
 his doini^ so, the Ma\-or or Presidini;- Officer shall make the elec- 
 tion and declare the other Ward or Wards \acant, and another 
 election shall be had in the \-acant Ward or Wards in manner 
 aforesaid. 
 
 5. The Mayor of tlw loicii may rcsii^ii office by i^i>'iii^i^ a 
 montlis i\.'rittt'ii notice of such res {i^ nation, to be filed i^'it/i the 
 foxo)! Clerk, on payment of a fine of I-'orty Dollars for the use of 
 the Town. The payment of said fine may be excused by the vote 
 of tico-thirds of the Council. .V Councillor may resij.ni office, if, 
 within one year from liis election, by the payment of forty dol- 
 lars to the Town, or at anv time bv a vote of four of tlie Coun- 
 cillors concurrinij^ in such resiy;nation ; after twelve months' ser- 
 \'ice any Councillor ma}' resij^m on y'ivin<^ two months' notice of 
 such beinj^ his intention to the Mayor or Presidin^" Councillor. 
 
 6. All resi^mations and notices under this b)-e-law shall be 
 in writint^ and sit^med. 
 
 7. Any Mayor or Councillor, bankrupt, insolvent or com- 
 poundin^r with his creditors by a jj^eneral deed of assii^ninient, 
 shall become di.squalified, and the Mayor or Presidinj^f Officer 
 shall thereupon declare the office vacant. 
 
 (S. Any Mayor or Councillor who shall absent himself from 
 the Town, or shall neglect his duty for the space of two months, 
 unless in case of serious illness incapacitating^ him, or by leave 
 (jbtained by vote of the Council, shall forfeit and pay the sum 
 of twenty dollars for each month he shall be so absent or nc^- 
 lect his duty, to the use of the Town, to be recovered in the 
 Town Court. 
 
 9. * The Ma}-or or any Councillor removing from the liinits 
 of the Town and permanently becoming a non-resident, the 
 office held b)' him shall become \acated, and the Mayor or 
 
64 
 
 r.VE-I.AWS AM) ORDINANC'F.S. 
 
 PrcsidiniT Officer shall thereupon declare the office vacant. Thi> 
 section not to refer to any Mayor or Councillor taking office be- 
 fore the passing of this b}'e-la\v. 
 
 No. XXII. 
 
 0I< WATKR WORKS. 
 
 Section. 
 
 1. That the Water Department of the Town of Truro shall 
 be under the direction of the W^ater Works Committee of the 
 Town Council, and all paid officers employed in the working 
 and management of the Water Works of the said Town of 
 Truro shall be under the direction of the said Committee ; Pro- 
 vided always that all matters involving an expenditure of mone\- 
 shall require to be submitted to the Council for ratification and 
 approval ; and that under no circumstances shall the expendi- 
 ture of the Water Works Committee exceed the amount granted 
 or appropriated by the Council for their use, except in cases of 
 urgent or immediate necessity; that the officers now engaged in 
 the working and management of the W^ater Works are hcreb\ 
 confirmed in their appointment for all purposes of the bye-law , 
 
 2. That the rates and charges enumerated in Schedule A, 
 annexed to this bye-law, shall be imposed and levied annuall\- 
 for water supplied to persons in said Town of Truro from the 
 Water Works of the said Corporation. 
 
 3. That said rates and charges shall be due and payable at 
 the office of the Town Clerk, Truro, in two equal instalments, 
 on the first days of January and July in each year. 
 
 4. That said rates and charges shall be levied and assessed 
 upon the houses, stores, buildings or parts of buildings supplied 
 with water by said Corporation, and shall be chargeable against 
 the owner and also the occupier of said building or buildings, 
 cither of whom, in default of payment when due, may be sued 
 by the Corporation therefor, or the same may be collected b\' 
 warrant of distraint, as provided for the collection of any other 
 rates, assessed and levied by the Town Council of said Corpo- 
 ration. 
 
 5. That, if said rates and charges are not paid within 
 thirty days from the time the same shall be due and payable, 
 the said Water Works Committee of said Town may .shut off 
 the supply of water from any premises upon which the said 
 rates shall not have been paid, as aforesaid, until the .said rates 
 and charges, and any costs connected therewith, are fully paid, 
 and al.so a fine of one dollar for turning off and on the water. 
 
t. This 
 ficc bc- 
 
 iro shall 
 ; of the 
 workini; 
 rown of 
 :e ; Pro- 
 f monc\- 
 tion and 
 ixpcndi- 
 : granted 
 
 cases of 
 gaged in 
 2 hereb\ 
 
 byc-Uu\ . 
 .edule A, 
 annual!)- 
 from the 
 
 ayablc at 
 talments, 
 
 assessed 
 supplied 
 ie against 
 buildings. 
 r be sued 
 llected by 
 any other 
 d Corpo- 
 
 Lid within 
 I payable, 
 y shut off 
 1 the said 
 said rates 
 fully paid. 
 e water. 
 
r.VF.-I.AWS AND OUDINAXCKS. 
 
 r.5 
 
 6. That the expense of introdiicint^ the wati-r into all 
 ])rcini.se.s must be borne b)- the owners or occupants thcri'iif, and 
 the premises of an)" person ailjacent to an\- street throu;^h which 
 the water-pipes are laid iTiay be supphed with water b)' apphca- 
 tion to the Chairman of the Water Works Committee. All the 
 connections thereto shall be made onl)- b\' a plumber dul}' au- 
 thorized by the Committee. All such connections must be 
 made in conformit)- witii the rej^ulations of this Ijye-law. In 
 case of the violation of this pro\'ision, the Committee ma\', at 
 its pleasure, withhold the sujjply of watc;r from the premises. 
 
 7. That, before receiving;' a permit to connect the service or 
 suppl\'-pii)e with the iron i)ii)es, there must be paid such sum as 
 the Water Works Committee ma\' recpiire to cover the expense 
 of the ser\ice-cock, and none will be insertetl but by persons 
 emjjloyed by the Committee for that purpose. 
 
 8. That no connections shall be made between the Hrst day 
 of November and the first day of May next ensuing,;, unle^^s 
 recommended by the eni^ineer in chari^c of the works and ap- 
 l)roved by the Committee. 
 
 9. That all plumbers' work, in an)- house, store, office, build- 
 in'^ or i)art of buildinj^', must be done in a workman-like man- 
 ner, with _i;"ood materials, sufficienti)' stronj.; to resist the pressure 
 of the water ; such work and materials to be api)roved by the 
 Committee or its dulv authorized agents or officers ; and should 
 
 any sucii work or materials be not a])proved as aforesaitl, it ma)' 
 and shall be lawful for the Committee to turn off, or refuse to 
 turn f)n, the supj)ly of water. 
 
 10. That, in all cases, the ser\ice-pipc between the distri- 
 buting'-pijics in the streets and the st()j)-cock must be lead pii)e, 
 or a composition of lead or tin, or such other pipe as the Com- 
 mittee may approve and consider fully ccjual in strenL;tii to the 
 lead pipe hereafter described. All lead pipe so used shall be 
 what is called " stronL,^ P'pe," and of the follcnviiiL;- standard 
 weij^ht : — 
 
 Lead iiipc, ^7 incli \>ovc, 5 ll)s. |U'r lineal ynnl. 
 Lead " 
 
 L 
 
 • ipe, v,s iiicli linre, 7 lbs. S (iz. per linral van 
 
 ilicll 1)()1V, 9 \\)>. 12 
 
 oz. per lineal yari 
 
 Lead l)ipe, I iiuh bore, 12 lbs. 14 o/. per lineal yard. 
 
 All stop or Inxlrant faucets connected therewith shall be })er- 
 fcct, and made of good materials ; and all such service-pipe 
 must be laid at least four feet below the surface of the earth. 
 
 n. That all connections made with these works shall be 
 pro\'ided with good and sufficient stop-cocks therein, which shall 
 be protected by a box leading from tlie same to the surface of 
 
 V 
 
^^ 
 
 TA'K-I.AWS AM) OKDrXAXCKs'. 
 
 llic earth, and covxtccI with n cast-iron cover, with the letters 
 " Water" thereon, anil he so e\jK)setl as to be easily foiiiul ; anti 
 the same shall be placet! oiitsiile the lot, within one foot of the 
 line of the same, or close to the outside of the sidewalk and 
 level with it. 
 
 12. That, in all cases, where one connection is intended to 
 sui)i)ly more than one tenement, shop, stf>re, or buildinL^, it shall 
 he the duty of the person makini,' such coiuiection, (jr causin;^ 
 the same to be made, to lay down a branch, with stop-cock for 
 eacli, outside the line of the i)remises so to be supplied, to be 
 covered and marked as provided by the prccedinj^r section. 
 
 13. That, if the connection of branch-pipe, stop or h)-drant- 
 ct)ck lhrouj4h which the i)remises of any person are supplied 
 u ith water, shall be out of repair in any manner, it shall be the 
 duty of such person to have tlie same repaired. 
 
 14. That, in rcmovin;j^ pavements, sidewalks, and opening; 
 tienches for insertin<,' stops or plut^s, la)-in^r .service-i)ipe, and 
 makin[( repairs and extensions, the iiiaterials must be removed 
 and replaced in a workman-like manner, depositinj^^ the exca- 
 \'ated materials in such maiuicr on the streets, alleys or side- 
 walks, so as to obstruct them as little as possible, and admit of 
 its beini^ rej^laced in the same [)osition in which it was found, as 
 nearly as pract'^able ; and such work shall be done and com- 
 pleted with all possible dispatch ; no trench or hole in any street, 
 alley, sidewalks or public place, shall, on any account, be left un- 
 j^Hiarded. The drillini^ of distributing-pipes, the insertion of 
 connections, and manipulating; the stop-gates, shall, in all cases, 
 be done by the persons in the employment of the Committee, 
 
 I 5. That no proprietor, tenant, or occupant of any office, 
 building or part of building, be allowed to supply water to other 
 persons or families without the consent of the Committee. 
 
 16. That no addition or alteration whatever, in or about any 
 tap or water-cock, shall be made by any person without per- 
 mission of the said Committee. 
 
 17. That no person shall use a hose or jet to wash carriages 
 or horses, or water gardens or streets, unless the .«amc be ap- 
 proved by the Committee or its officers. 
 
 18. That no person, except firemen for fire purposes, shall 
 at any time let off or use any water from any public hydrant 
 without the special permission of the said Committee or its 
 officers. 
 
 19. No person shall open any fire-hydrant, except as in Sec- 
 tion 18, or remove or obstruct the stop-cock cover, private stop- 
 cock ; place or deposit any dirt or any materials in such stop- 
 
letters 
 il ; .'ukI 
 
 of the 
 ilk niu\ 
 
 lulcd to 
 it shall 
 causin<4 
 cock for 
 :cl, to be 
 »n. 
 
 lydrant- 
 supplit-'d 
 1 be the 
 
 openin^^ 
 )ipe, and 
 reino\ed 
 he cxca- 
 or side- 
 admit of 
 found, as 
 and com- 
 my street, 
 ic left un- 
 sertion of 
 all cases, 
 imittec. 
 my office, 
 ;r to other 
 ttee. 
 
 about any 
 thout per- 
 
 il carriages 
 me be ap- 
 
 30SCS, shall 
 jc hydrant 
 ttee or its 
 
 t as in Sec- 
 nvate stop- 
 such stop- 
 
cocls 
 any 
 
 Ill.'UII 
 
 tmx'H 
 -> 
 
 fiicnt 
 and i 
 for t 
 watc 
 
 w ithi 
 ])r()tc 
 liablt 
 
 3, 
 waste 
 whici 
 
 2 
 
 office 
 of th 
 shall 
 here I 
 
 Con 
 pro 
 bat 
 of w 
 
 sha 
 
 thcii 
 with 
 tor, 
 floor 
 
 nal 
 pipe 
 
 the 
 
 and 
 as t( 
 
 no h 
 lod<, 
 trail 
 
 
v.m:-i.a\vn and ()10»in wrr.s. 
 
 coclx br)xcs, or turn ain- |)ri\'ate or public stop-Cfn'k. or cotninit 
 aii\' act trndiiii' to oh-ilruct the use tlu:rci>f. or iiiiiire in ativ 
 inamuM ans- building, machincr\'. pipe or ai)j)aratiis, looK or fix- 
 tures of the Water Works of said 'J'<t\\ii. 
 
 20. That the diih' appointeil oflkers of the Water Depart- 
 
 incut sliali be allowed at all reasona 
 :t tl 
 
 ble t 
 
 lines a 
 
 lul 
 
 hours to enter 
 
 and inspect tlie ser\ice-tai)s, bath>-, water-closets and ajjparatu-^ 
 for the snpply of water in the houses, stores, etc., where ihi' 
 water shall have been intriKluced. 
 
 Ji. That all persons tak in;.; water shall keep the service-pipes 
 
 w ithin tlu'ir premises, including; any area bcMieatli tlie sidewalk 
 protected from frost, at their own expense, ami the)- will be helil 
 liable for all damage wln'ch ina\' result from their fiilure to do so. 
 
 22. That all i)i'rson^ takin;,M\ater sh.all pre\ent unnecessar)' 
 waste, and there shall be no concealment of the i)uri)ose for 
 which it is used. 
 
 23. That water sliall he introduced into houses, stores, 
 offices, buildin^^s (,\- p.irts of buildinj^^s, only upon the si}.,mature 
 of the proprietors or occupants, or dul)' authorized agents, who 
 shall si'^n an application for that purpose accordin^i,^ to form H 
 liereunto annexed, at the office of the Town Clerk. 
 
 24. That notice in writinj.,^ be ^ivcn to the Water-works 
 Committee, and that their consent be first obtained before any 
 proprietor or occu[)ant desirinj; to use tlie water supplied f)r an\' 
 bath, water-closet, or other use, recpiirint,^ an additional su[)pl)" 
 of water, be allowed such acklitional sui)])!)-. 
 
 25. Where an}- pipe passes throui;h an external w.ill, it 
 shall be encased in a suitable wooden box. 
 
 26. All pij)es under basement floors to be laid thnnij^hout 
 their whole extent in a perfectly tit^ht wootlen box, to be stuffed 
 with wool, sawdust, or dry ashes, or as directed by the Inspec- 
 tor, the top of the box to be casil)- removable, as well as the 
 floor immediately above the pipe. 
 
 27. No pii:)e to be laid or continued in use alon^q- an exter- 
 nal wall without bein^L,^ suitably encased, and in no case shall an)' 
 i)ipe be laid near any outer draft or door. 
 
 2<S. All stop-cocks at the entrance of buildin-j^s must lie on 
 the stop and waste principle, and must be properly boxed in, 
 and thorout^hlv [)rotected from frost, and must also be so placed 
 as to be at all times easily accessible. 
 
 29. All pipes shall be laid so as to drain toward a tap ; and 
 no heads or sai^^s will be permitted which will allow the water to 
 lodge and remain in any part of a pipe when the tap at the en- 
 trance is turned off and the other taps arc left open. 
 
68 
 
 n\i:-I.A\\S AM) ORDIXANCES. 
 
 I '." 
 
 30. 1 iiat aiu' j)CM-son or persons injuring or dcstroyin.r^ an}- 
 liydrants or property beloi^^inj^^ to the Water-works of the Cor- 
 poration of Truro, or ^^uilty of an)- infraction of tlie provisions 
 of this b)e-la\v, shall, on conviction thereof before tlie Mayor, 
 Sti])encliar)' Mat,n"strate, or any Town Councillor, forfeit and pay, 
 at the discretion of the Mayor, Stijjendiary Maj^nstratc, or Coun- 
 cillor convictin^L,^ a sum not exceedinij^ Twenty Dollars, exclu- 
 si\e of costs. In default of payment thereof, it shall and may 
 be lawful for the Mayor, Stipendiary Mat^istrate or Councillor 
 convictin^i;-, as aforesaid, to issue his or their warrant to le\y the 
 amount of fine and costs on the j;oods and chattels of the 
 oflendcr ; and i.. case no sufficient distress be found to satisfy 
 such fine and costs, then it shall and may be lawful for the 
 Mayor, Stipendiary Ma^L,n'strate or Councillor convictin^i,^ as 
 c'lforesaid, to commit the offender to the common jail of tlie 
 County of Colchester, with or without hard labor, for a period 
 not exceeding,'' two calendar months, unless the costs be sooner 
 paid — the fine to be ap[)lied for Water-works purposes. 
 
 SCHEDULE A. 
 
 SCAI.I': OK K.VIES l'Kl< ANNUM. 
 
 I''i>r families, by special aj^rccment with the Water Works C 
 
 oiniiiissKiners, nni 
 
 to exceed ten dollars. 
 
 Kxtra rales for taverns. 
 
 sho 
 
 jis, saloons, 
 
 manufactories, horses, cows, steam ei 
 
 gines, iNcc., by agreement with Commissioners, not to exceed, for the first year, rates 
 charged in the City of Ilalifiax. 
 
 SCHEDULE B. 
 
 (Fortu of Application.) 
 
 '1' R U R O \y A I i; K W O R K S. 
 
 To TiiK C'oKrnRAiioN or tiik Town ok Tki uo: — 
 
 The undersigned hereby makes application for the introduction of the water 
 into the premises situated and described as follows, in conformity to the established 
 rules and regulations of the Corporation of tiie Town of Truro, and do agree to 
 abide l)y tire said rules ; and herei>y certify that the following is a true descrip- 
 
 tion of the premises to be supplied : — 
 
 Ward. 
 
 Street. 
 
 Kiml of 
 liiilUiin^. 
 
 No. of 
 Stories 
 
 Water 
 Closets. 
 
 I) .u J^ii' persons 
 liaths. . A 1 
 in lamilv. 
 
 No. of I 
 horses 
 
 Exinis not 
 specified. 
 
 , Proprietor or Occupant. 
 
 Truro, 18 
 
'inc,^ any 
 the Cor- 
 ovisions 
 Mayor, 
 ind i)a\-, 
 Dr Couii- 
 i, cxclu- 
 md may 
 ouncillor 
 Icvy the 
 s of the 
 
 satisfy 
 
 1 for the 
 zt'uv^, as 
 jl of the 
 
 a period 
 De sooner 
 
 ssioncrs, not 
 
 s, steam cn- 
 a yjar, rales 
 
 of tlie water 
 le estaUlished 
 1 do a^ree to 
 i true dcscrip- 
 
 Occupant. 
 
 \^ 
 
RU 
 
 krii 
 
 ! 
 
 Tuc 
 
 thrc 
 
 it is 
 siial 
 
 his 
 CI( 
 a stl 
 
 andl 
 arc 
 a c( 
 shal 
 sex-' 
 
 slial 
 
 caul 
 
 on 
 
 a sj 
 
 an^ 
 
 Vnt 
 
 tiirl 
 
 hi> 
 
 suil 
 
 till 
 
 C( 
 
 N^ 
 
PART III. 
 
 MISCELLANEOUS RULES. 
 
 ARTICLIC I. 
 
 RULES FOR GOVKRXMKXT )V SUITORS IN Till-. 
 TOvVX CC)URT, TRURO. 
 
 Re IK 
 
 1. Writs shall f)iil)' be made returnable on some one of the 
 Tuesda\'s of each month. 
 
 2. Writs are not to be issued out of the Court, later than 
 three o'clock on the I\Ionda\\\eek precedini'" the Tuesday in •. hicii 
 it is intended to try the cause; any writs issued after that time, 
 shall be made returnable to the next succeedin,i;" Tuesday. 
 
 3. That e\'ery Phu'ntiff, when he attends or applies to issue 
 his writ, and before the same is issued, shall deliver to the Town 
 Clerk one copy of his account, or particulars of his demand, or 
 a statement of his cause of action, on which the writ shall issue 
 and the cause be tried, witii as many copies of the same as there 
 are defendants to be served with copies of the writ, in order that 
 a copy of such particulars, or st.'itement of the cause of action 
 shall be attached to e\-ery cop)' of the writ to be served on the 
 several defendants. 
 
 4. That the copy of every writ served on any defendant, 
 shall contain the jxirticulars of demand, or statement of the 
 cause for which the action is broui^dit, and shall 'lavc endorsed 
 on i; a notice re(iuirinc,^ the defendant to file with the Town Clerk, 
 a statement of the s^rounds of his defence, and his particulars of 
 any set off he may have to the Plaintiff's claim, on or before the 
 Frida)' before the meetinc^ of the Court on wiiich the writ is re- 
 turnable, and ill default thereof, the Plaintiff shall on proof of 
 his claim, si<^n final judi^ment for any sum not exceedinL,^ the 
 sum claimed in his particulars of demand, witii costs, on the re- 
 turn ('ay of the writ. 
 
 5. Tiiat in order that Plaintiff may know the defences which 
 defendants intend to set uj) to actions brouj^dit in the Town 
 Court, each defendant shall file, on or before tlie Friday before 
 
 r. i\ 
 
 11 
 
 ^1 
 
ro 
 
 Rri.Ks OF TOW'S rorRT. 
 
 
 the term of trial, with tlie Town Clerk, a statement showinc^ the 
 _^rounds of defence, or any particulars of set off to the Plaintiff's 
 claim, antl if this rule be not comj)licd with b\- a defendant, he 
 shall lose the benefit of his defence or set off, unless reasonable 
 cause be shown to the Court b\' affida\'it for the ncLdect. 
 
 6. On writs which shall hereafter be 
 
 ,'d out of the T 
 
 writs wnicn snail nereatter dc issued out oi tiie i own 
 Court, which ha\e the particulars of the Plaintiff's demand at- 
 tached thereto, and wiiich have been duly served on the Defend- 
 ants where defences have not been filed bv, or on behalf of the 
 defendants, each plaintiff on the day when the wit is returnable 
 may mark default, and upon proof of his claim, judi^ment will 
 be entered aijainst the defendant for the amount of the particu- 
 lars attached to tiic writ. 
 
 7. That the ci\'il docket of causes for trial in the Town 
 Court, shall be called onl)' once in each term, and in causes 
 whc'e <Ti-ounds of defence are filed, if the Plaintiff do not an- 
 swer on his cause beini,^ called, and proceed to try the same, he 
 shall be subject to a non-suit, and if the defendant do not answer, 
 he shall be defaulted, and have a jud^^ment entered ay;ainst him 
 b\' default, up^n proof of IMaintiff's claim. 
 
 S. That a continuance of a cause to another term shall not 
 be granted either to the Plaintiff or to the defeiulant, unless 
 upon an affida\'it statin;^ some reasonable and substantial ground 
 for a continuance, and the affidaxit, on the part of the Phiintiff, 
 shall aver a good cause of action, and that on the part of the 
 defendant, shall aver a good and substantial defence upon the 
 merits, and the Court shall be at liberty to impose such terms in 
 the rule for a continuance, as it ma)- deem just. A rule shall be 
 prepared by the part}* seeking the continuance, which must state 
 the grounds upon which the continuance has been granted, and 
 the rule must be read to the Court and filed. 
 
 9. That every defendant shall in all cases be entitled to a 
 continuance, where process has not been served upon him at least 
 fi\e full days before it is returnable. 
 
 10. That all continued cases shall be placed first on the 
 Docket, and be tried before the new causes. 
 
 1 1. That parties to suits cither PlaintinS or tiefendants shall 
 be at liberty to apply any time up to twehe of the clock of the 
 Saturda}', before the term of trial of any cause ^and not after) 
 upon affidavit to his Honor the Stipendiar)' Magistrate for an 
 order calling on the opposite part}' to furnish amended or better 
 particulars than those on file, and upon the order being granted, 
 it shall he served by tlirce of the clock of the said Saturday, and 
 if not tiien served, it shall not take effect. That the party called 
 
ng the 
 linti ffs 
 ant, he 
 ionable 
 
 : Town 
 md at- 
 )cfcnd- 
 of the 
 Lirnable 
 :nt will 
 iarticu- 
 
 ; Town 
 causes 
 not an- 
 ime, he 
 answer, 
 nst him 
 
 hall not 
 , unless 
 1 ground 
 Ph.; n tiff, 
 -t of the 
 pon the 
 terms in 
 shall be 
 lUst state 
 ted, and 
 
 tied to a 
 a at least 
 
 t on the 
 
 ants shall 
 ck of the 
 lot after) 
 te for an 
 or better 
 ■ [^ranted, 
 irday, and 
 irty called 
 
th 
 
 c o 
 
 an 
 
 or 
 
 d ll 
 
 •th 
 
 iibcri 
 and 
 prcvij 
 of 
 
 flic, 
 sucl 
 ledsj 
 
 be 
 
 adon 
 
 the 
 
 claiii 
 
 posi 
 
Uri.V.S ol- 'K iWN ( (MRT 
 
 upon and served willi the oriler, if within llie time licrein limited, 
 shall file and ser\'e on the parties re(iuirin_L; tiie same, the ameiul- 
 etl partieulars, on or before the next Monday at tliree o'clock in 
 the afternoon. 
 
 12. 'J'hat when a Plaintiff nej^lects to comply with tin- order, 
 
 th 
 
 c same 
 
 be 
 
 mu" regular m 
 
 all respects, he shall not further pro- 
 ceed with his cause, or with that jiart thereof to which the order 
 for amended or better jjarticulars refers, and that if a defendant 
 nei^lects to compl\- with the orders, th 
 
 c same bem^; regular m 
 
 all respects, then he shall not be at libert\- to j^ive e\idence of 
 liis set off, or of such ])arts tjiereof as the order for amended or 
 better particulars refers to ; but the part}' nei;lectini( to furnish 
 the amended or better particulars, may howe\er show to the 
 Court an\' reasonable excuse upon affidax it, for non-compliance 
 
 w 
 
 ith the order, and the Court w ill consider the rea 
 
 sons, and de- 
 
 termine as justice ma\' ret]uire. 
 
 13. That an\' party in a suit, if he recpu'res the books or 
 ])apers on the trial of a cause, of or from the opposite jiart)' must 
 jj^i\-e to that part)', or his ai^'^ent or attornev' twent\--four hoiu's 
 notice before trial to i)roduce the same, and if he does not, when 
 disputed \XM'if\' the ser\'ice of such notice, the part)' reciuirinL,^ 
 the books, shall not be at libert\- to t/ive secondar ".'idence of 
 the contents of the books or pai)ers. 
 
 14. That when a writ has issued out of the Town Court, 
 and has not been scr\-cd, and shall be returned either not serve-i. 
 or that the defendant cannot be found, the IMaintiff shall be ;.l 
 Iibert\' to issue an alias or Pluries writs, and if ser\-ice be made 
 and jud<;nient be obtained aj^-ainst the defendant, the cost of all 
 previous writ.s shall be allowed against the defendant on taxation 
 of costs. 
 
 15. That the particulars of demand which the Plaintiff shall 
 file, shall be a statement showiiii^ the balance due to him, and 
 such particulars as will con\ey to the defendant a cl'\'ir know- 
 ledj^^e of the claim for which the action is brou^dit. 
 
 16. Thai the I'laintiffs particulars shall give credits, if tiiere 
 be any. 
 
 17. Neither Plaintiff nor defendant shall be at libert)- to 
 adopt the credit side of his adversar)''s j)articulars, without at 
 the same time admitting the adverse side of the account or 
 claim. 
 
 18. Parties applying for writs to the Town Clerk shall de- 
 posit with him all the Court Fees payable then on the same. 
 
/-" 
 
 rOI.ICK KCI.KS. 
 
 ](j. Tlic fees and cf).sts to be taxed in the T(!"\n Court shall 
 be those cont.iined in the Schechile annexed to chapter 49, Acts 
 of 1S76. intituled "An Act to amend the Act to incorporate the 
 Touii of 'Jruro." 
 
 Dated Truro, Sej't. 4th, 1876. 
 
 (;i-:()Rr,K camphicli., 
 
 Rccortler and Stipcndiar)- .Mai;istrate. 
 ARTICLK II. 
 
 rOLICK Rl«:r,ULATIOXS. 
 
 Rll.K 
 
 1. Poh'cemen when t\\o are eniplo\'ed will serve week about, 
 or alternate weeks, as day <'Uk1 ni^ht Constables, and shall be 
 called respectively, the da\- and the nii^iit Policeman. 
 
 2. On the morninj^rs when the Ci\il Court meets, or there 
 is any criminal business, th(! da\' Policeman, shall be in attend- 
 ance on the Court. 
 
 3. The day Policeman shall report himself at the Clerk's 
 office, each da}', at nine o'clock, to rccei\'e and carry out any or- 
 ders, and every two hours thrf)u^hout the da\-, thereafter until 
 four o'clock, P. M., and shall remain on dut\-, until ten o'clock. 
 P. M., or as much lon,t;;cr as ma\- be necessary. 
 
 4. The nit^ht Policeman shall rei)ort himself at tlic Clerk's 
 office, c\x'ry da}' at one o'clock ami three o'clock, P. M., and re- 
 main on duty until one o'clock, A. M., and as much l(M\i;er as 
 ma}- be necessary. 
 
 5. The}' shall arranj^e between themselves, subject to the 
 approx'al of the Police Committee, their beats within the limits of 
 the Town, but each Policeman shall know where the other is to 
 be found at any time, in case the aid of one should be required 
 by the other in any cmert^cncy. 
 
 6. I'^ach Policeman, each day shall enter in a book, to be 
 kept for the j^urpose, and to be called the Police book, any mat- 
 ter that it may be necessary for the I'olice Committee to be 
 apprised of, together with the state and condition of his beat, 
 and the names of any persons he has reason to belie\'C, arc sell- 
 iuL;" litpior without License, or violatini; any of the bye-laws of 
 the T(w\n. 
 
 7. The Policeman shall order the remo\'al of an}' nuis- 
 ance on the Streets or Sidewalks, together with any obstruc- 
 tion placed on the same, and in the ex'ent of the neglect or 
 refusal of the proi)er person to remove the same, shall enter a 
 complaint against the said party in the Police book. 
 
t shall 
 I, Acts 
 tc the 
 
 istnitc. 
 
 : about, 
 hall be 
 
 )i" there 
 ;ittencl- 
 
 Clerk's 
 any or- 
 cr until 
 o'clock. 
 
 : Clerk's 
 
 and re- 
 
 jnirer as 
 
 t to the 
 
 limits of 
 
 her is to 
 
 rcciuired 
 
 :>k, to be 
 any niat- 
 ;cc to be 
 his beat, 
 :, arc sell- 
 c-la\vs of 
 
 any nuis- 
 ' obstruc- 
 legiect or 
 11 enter a 
 
hcs 
 
 in sf 
 
 nor I 
 
 forir 
 
 the- 
 
 shall 
 
 nccc 
 
 pui-p 
 (»f c; 
 any 
 fu'c, I 
 niitt( 
 
 \\!t!l 
 
 his 1( 
 liis n 
 I 
 
 nuisa 
 
 and 1 
 
 byc-1 
 
 marl- 
 
 ant! 
 
 and 
 
 prcsd 
 
 1 
 disci 
 ordcl 
 I'uli 
 be I 
 Coni 
 
 on cl 
 
 lien 
 be 
 
 )USj 
 
 k 
 
 no 
 
 Jon 
 mal 
 
I'l ii K'l; \<\'\ I 
 
 7^ 
 
 S. Tin- I'oliciMnim shall iiui loiter on his heat, imr shall 
 he speak to. or eiv^a^^e in an\' coiivcisatioti uiih aii>' oik-, except 
 in so far as it may he necessar)' in the perforniani.e of his cliil\. 
 nor shall he eiilc-r aii\' shop, tavern or hoii>e, except in tlu' per- 
 formance of his duly or when ordered to do so 1)\- tlie Mavor, 
 the police Committee, a Councillor or the Kecorder. And he 
 shall remain in such Tavern or house no lotvjer than isaljsohitiK 
 necessary for the Di'rformance of his dutw 
 
 (J. The Policeman when ohlij^ed to Iea\c hi^ heat for any 
 purpose, such as coinevin;^ a prisoni-r to the jail, the impounding; 
 of cattle found at lar^e. to put down any disturhaiuH; or riot, in 
 any other |)art of his beat, or in conse(|uence of any alarm of 
 fire, or in obecUcnce to an\- older of the Nlaxoi', the I'olice Com- 
 mittee or Councillor, or the Recorder, shall return to his heat 
 with all (lisp itch, and shall enter in the I'olice hook, the cause of 
 his leaving; his heat, ami the time when he left it, and the time of 
 his return to it. 
 
 10. The I'oliccman shall impound all cows, horses, i^oats, 
 j>i;4S or Ljeese _L;()in.L'; at lar^e, shall re])ort all disorderlv houses, 
 nuisances in the Streets or j'ards, breaches of the License law 
 and the b)'c-laws of tlie Town, violations of the regulations and 
 b)'e-laws mach; for Truckmen, all trucks, sletis and carts not 
 marked as recpn'red b)- the bye-laws, truckin;^' without License, 
 and use any other means in tlieir p:)wer to enforce the b)-e-Iaw-- 
 and ordinances now in force, for the !.;()vcrnment of, and for the 
 preservation of the quiet and t^ood order of the municipalit\'. 
 
 11. The Police Committee may from time to time in thei.- 
 discretion chanj^e the duties of the Policemen, and make such 
 orders from time to time, as they deem necessarv, which th(^ 
 Policemen shall be bound to carry out, and shall in all matters 
 be under the orders and control of, and resj)onsible to the Police 
 Committee. 
 
 12. Any Policeman ftjund i^^uilty of beini;" intoxicated when 
 on ckitv shall be cUsmissed. 
 
 13. No violation of these rej^-ulations or any others, to be 
 hereafter made, or of any orders of the Police Committee shall 
 be passed over. 
 
 14. No policeman shall be permitted to enj,^a^;e in an_\- 
 business, or any duty unconnected with his office. 
 
 15. When onl)' one policeman is employed he shall be 
 known as the day policeman, antl shall perform duty under 
 Rule 3, and shall also attend to the requirements of the other 
 foreg-oin;^ Rules, until ten o'clock, p. m., or a.s much longer as 
 may be necessary. 
 
 10 
 
,1 
 
 Ai'n:>;Dix a. 
 
 I'OKMS, 
 
 ( 'oliinin 
 
 I. 
 
 
 2. 
 
 
 3- 
 4- 
 
 5- 
 6. 
 
 
 7- 
 
 .S. 
 
 , Ip/^flhvit. 
 A. H. 
 
 C. I). 
 
 
 (). H 
 
 
 L. M 
 
 
 iVc. 
 
 
 ASSl'.SSMl'.XTS. 
 
 SCni'DUI.K A. 
 
 \;inifs of ta\;il)lc party. 
 
 -N'aiiK' of ward aiul strfut in wliii li the real property Hes. 
 I )cs( riptioii of real property, whether house, land, ivc. 
 Quantity of land. 
 
 .Annual value of eac h separate value. 
 
 •Actual value of all the real |)ro|)ert\ of the jiarty assessed. 
 ■'I'otal \alue of personal jirtjperly (jf [tarty assessed. 
 Annual \alue of the same. 
 
 SCHKDL'LK P,. 
 
 Seif. 
 
 J. K. 
 N. O. 
 (.Vc. 
 
 SCHKDULE C. 
 
 Matter coinplained of. 
 Overcharge on land. 
 Name omitted. 
 Undercharge (m land. 
 Undercharge on i)er- 
 sonal i)roperty, (.\:c. 
 
 .SiK,-'rake notice that you are re()Uested to attend the ('ourt of 
 .\ppeal and revision on the day of in 
 
 the matter of the following appeal : Ap])cllanl 
 
 Subject. 
 
 To 
 
 , Town (Jlerk. 
 
 SCHEDULE I). 
 
 Truro, , i8 
 
 N'ou are hereby notified that you are rated and assessed for the 
 current year i8..in the sum of dollars and cents for 
 
 town, county and jjoor rates, and that unless the amount be paid at the 
 otifice of the Town Clerk within thirty days from the date hereof, ten 
 per cent, will be added thereto, besides all charges and costs of collect- 
 ing, and a warrant of distress will be levied. 
 
 To 
 
 Town Treasurer. 
 
icrty lies. 
 
 asscsscil 
 .(1. 
 
 'dined of. 
 
 \ laiul. 
 
 1. 
 
 (Ml land. 
 
 on pcr- 
 rtv, i\:i". 
 
 e Court of 
 
 in 
 
 ApiK'llanl 
 
 Clerk. 
 
 ....,i8 
 
 ^ed for the 
 
 cents for 
 
 paid at the 
 
 hereof, ten 
 
 s of coUect- 
 
 rreasurer. 
 
ail 
 
 su( 
 C;] 
 he 
 sea 
 
 of 
 
 lie J 
 
 ke 
 
 thi; 
 
 res 
 
 till: 
 
 be 
 
AITI-XDIX A.— FORMS. 75 
 
 SCHKDULKK. 
 
 "Whereas is indebted to tln- Fowii of 'rniio in 
 
 the sum of for rates for the year iS. . and lias failed to 
 
 )jay the same, you arc hereby re(]uired immediately to distrain the 
 goods and chattels of the said for the said sum, and ten 
 
 ])er eent. additional and for the cost of collection, atid if 
 
 need be to remove them to some place for safe-kee])inL: ; and if within 
 days after distress made, the |)ro])erty so ..eiained is not redeem 
 cd by payment of the said sun., with the ten percent, thereon, besid^.^ 
 the cost of collection, and any necessary adilitional charnes be not paid, 
 you shall sell the goods and chattels so distrained upon to satisfy tiie 
 same. 
 
 Truro, , i <S . . 
 
 To 
 
 . , Town Treasurer. 
 
 SCHKDUld-: I' 
 
 DOMIXIOX OF CANADA, 
 
 pROVixc:]-: of nowv 
 
 COIAHKSTKK, N. S, 
 
 Know all men l)y these presents, that are held 
 
 and firmly bound unto our Sovereign Lady the (^ueen, ner heirs and 
 successors, in the sum of Two Humlred Dollars of lawf'ul money of 
 Canada, to which jiayment we jointly and severally bind ourselves, our 
 heirs, executors, and administrat(jrs, by these presents sealed with our 
 seals. 
 
 Dated at Truro the day of 
 
 of our Lord One 'I'housand Fight Hundred a;id 
 
 in the year 
 
 Whereas the above bounden ' has been granted a 
 
 license for the sale, by retail, of intoxicating licjUors in the 
 kejjt by the said on Now, the condition of 
 
 this obligation is such, that if said shall in all 
 
 resj^ects conform to the Laws in force respecting the retail of intoxica- 
 ting liquors, and connected with such Licen^i., then this obligation shall 
 he \oid, but otherwise shall remain in full ellect. 
 
 Signed, Sealed and Delivered, ( 
 in the pre.sence of ) 
 
76 
 
 APPKXDIX A, — FOR^rS 
 
 LICKNSK3. 
 
 AUCTIONEER'S LICENSE 
 
 * Vi 
 
 License Office, 
 Town of Truro, i8 . , 
 
 License is hereby granted to to carry on the busi- 
 
 ness of Auctioneer in the Town of Truro, for one year from the date 
 liereof, he complying with the Hye-Laws and regulations <>f the Town, 
 made or to be made, pursuant thereto, and having pai'^ to the 'I'own 
 I'reasury the I>icense tluty. 
 
 (iiven under the hand of the Mayor and Town Clerk this 
 day of in the year of our Lora One Thousand Eight 
 
 Hundred and 
 
 License duty paid this 
 Town Clerk 
 
 $ 
 
 Mayor. 
 
 
 TRUCKMEN'S LICENSE. 
 (form of licenses.) 
 
 Office of Clerk of License, 
 
 Town of Truro, , i8 . . 
 
 License is hereby granted to to drive a cart, 
 
 truck or sled, (number as per margin) and to keep horses for 
 
 trucking, for hire in this town of Truro until the first day of March 
 1 8 he complying with the Laws of the Province, bye-laws of the 
 Town and regulations of the Council and Committee of Licenses m^de 
 or to be made, and having paid to the Town Treasury the License duty, 
 said to occupy stands. 
 
 , , Clerk of License. 
 
 . . , Mayor. 
 , Councillor. 
 
.i8.. 
 
 the busi- 
 the date 
 e 'I'own, 
 10 Town 
 
 nd Eii^hl 
 
 Mayor. 
 
 ..,i8.. 
 
 rive a cart, 
 horses for 
 of March 
 aws of the 
 mses made 
 cense duty, 
 
 , Mayor. 
 Councillor. 
 
'IVun 
 arc } 
 the ]) 
 in tli( 
 paid, 
 two o 
 
 of US, 
 
 St 
 the yt 
 
 Tl 
 
 the lai 
 
 guidat 
 
 vey an 
 
 Tor th.i 
 
 owner.' 
 
 the abi 
 
 truly n 
 
 adjudg 
 
 any of 
 
 good g 
 
 wise tc 
 
 Signt 
 
AI'PKNDIX A,— FORMS. 
 
 // 
 
 FORM 01' TRUCK MKX'S I'.OND. 
 
 Know all men by these i)resents that we of the Town of 
 
 Truro, of the s.iiiie place and tif the same phiee 
 
 are held, and firmly bound unto the Town of Truro the said in 
 
 the penal sum of eighty dollars and the said and 
 
 in the sum of forty dollars each, for w'nich payment well and truly to be 
 paid, we jointly and severally bind oursehes and each of us, and any 
 two of us, and the heirs, executors, and administrators of us, and each 
 of us, firmly by these presenis. 
 
 Sealed with our seals, dated the 
 
 dav of 
 
 the year of our Lord One Thousand Eight Hundred and 
 
 m 
 
 The condition of this obligation is such that if ilie above bounden 
 shall well and truly abide by, observe, perform, and keep 
 the laws, bye-laws, and ordinances which are or may be in force for the 
 guidance and government of truckmen, and shall carefully receive, con- 
 vey and deliver as recjuired, al! such articles as he may take in charge 
 for that purpose, so that no injury come to the same or damage to the 
 owners thereof, by or through his neglect or misconduct, and also if 
 the above bounden . and shall well and 
 
 truly pay, or cause to be paid, all such fines and penalties as may be 
 adjudged against the said t'or the violation of 
 
 any of the said laws, bye-laws or ordinances made for the guidance and 
 good government of truckmen, then this obligation to be void, other- 
 wise to remain in full force and virtue. 
 
 L. S 
 
 Signed, sealed and delivered )^ L. S. 
 
 in presence of j L. S. 
 
APPENDIX B. 
 
 Jucl^nneiit of Count)- Court Jud^'.^c, His Honor Gcori^c A. 
 Hlanch.inl, in C'crlioniri Liquor Suits, delivered at Truro, I'^ebru- 
 ar\- Term \^pj. 
 
 [ KI). S. I!I.AX('H.\R!), Clerk ..f I.iconse, 
 CAL'SK ' 7>-. 
 
 /jKRKMIAIl .ML'RI'^^■. 
 
 I'liU action Will lii(iiij.'!it in tlio Tow^ Court of Tniio to ivco\cr a penalty fortlir 
 a!lL'y;ccl sale l)y the l)efenilant of intoxicating liquors contrary to law. 
 
 Ht'fore trial :i ivr/iorar/ was j^ranted therein hv ( ;e()rj;e Keadin;^ l"sq., a roninii>- 
 .■^ioner of the Comity Court, upon affidavit made hy the defendani, by which the pro- 
 ceedinLjs were removed into this Court. A rule ii/'s/ was granted by nie for settinj; 
 aside the {,rtiiirari ujion the several grounds set forth in said rule of which there were 
 a gicat number but most of them of a formal character. There were two other 
 siniiliar causes brought by the same plaintiff in the '1'own Court against Charle> 
 .Sell roeder and Alexander Carter res])ectively, removed before judgment \i\- ccrtioran 
 into this Court in which similar rules were ol)tained. I'poii my suggestion the |)resent 
 was argued as a test case, as the same ]irinciples are involved in all, and the decision 
 ill this will appl)' to the others alst). 
 
 'i'he seventh ground mentioned in the rule y//.f/ for setting aside the iir/iorari, i- 
 that the said writ was without sufficient cause allowed and was improvidently issued. 
 'I'his will cover the whole ground intended to be discussed by me at present, as 1 
 think it unnecessary to deal with any of the foriiial and teclmical objections raised, 
 the most of which I consider of little value. The main question is, under the aftlda- 
 vits now before me, had the defendant sufficient reasons or grounds forsueing out hi^ 
 irrtiorari nr\i.\ such as WDuld commend themselves to the sound discretion of the court 
 to sustain it ? 
 
 These grounds as >et forth in Defendant's affidavit so far as they have any bear- 
 ing on the case are sultslantially as follows : 
 
 1 gro\i|) and e])itomise them and do not give them in the order in which they ap- 
 pear in tlie nftidavii. 
 
 isl. The writ in the Court l)eIow is not conformable to the requirements of tiie 
 .Statute, "Of Licences for the sale of intoxicating liquors" ch. 75 Rev. Stat. (4th 
 series) and amendment thereof CI1. I (acts of 1876), anil has not the seal and signa- 
 ture of any magistrate thereto. 
 
 2nd. The Clerk of Licence, who is plaintiff in the suit, and the Town Clerk, 
 who issued the writ, are one and the same person. 
 
 3rd. 'I"he alleged interest and presumed bias of (jeorge Campbell, Esq., the 
 .Stipendiary NLagistrate, wlio presides in the 'I'own Court, from the relation which lie 
 bears to the incor))orated body that appointed him, and the source from which hi< 
 salary is ]iaid, which Incorporated body the Defendant alleges to be the real plaintifl. 
 represented by their agent the Clerk of the Licenses and the Plaintiff herein. 
 
 4th. That the said Stipemliary Magistrate liad ex])ressed an opinion that the 
 defendani would be compelled to testify against himself and con\ict himself, if suli- 
 lio'aed and pro luced at the trial; and that he, the said magistrate, would not allow 
 him law ful protection against criminating himself, asserting that such protection does 
 not exist. 
 
rs^c A. 
 Fcbru- 
 
 ally for tin- 
 
 a coiiiini>- 
 ch the pv"- 
 
 f,,i- sottiiiL; 
 I there Nveve 
 
 two olhei 
 nst t'h;\ilc~ 
 )y ci-rtiorari 
 1 llu- Jl IV so III 
 llic decision 
 
 ■ii-tioran, \- 
 enlly issued . 
 iifsent, as 1 
 lions raised, 
 L-r the affida- 
 Lieini; out lii> 
 1 of the couri 
 
 .ve any I'ear- 
 
 hich they ai'- 
 
 ements of the 
 ■ v. Stat. (41I' 
 jal and signa- 
 
 Tovvn Clerk. 
 
 ell, E>^q- ^'^'-' 
 ition which he 
 ■oni which hi~ 
 ,e real plaintiff, 
 herein. 
 
 Miiion that the 
 liimself, if suh- 
 ould not allow 
 protection does 
 
oaus 
 
 .iirui 
 
 (diiik 
 i|llc>l 
 
 natio 
 I iifse 
 fullv 
 (Act 
 'l'nii( 
 
 Mfaii: 
 
 '1(111 () 
 case, ' 
 
 ■■///,■. 
 ••",■ J 
 "t.\L'r 
 
 I' 
 
 <r 
 
 sllllicid 
 
 ("' WJJl 
 
 it iiia)| 
 inaltril 
 
 \( 
 
 Thcl 
 name 
 
 lll)f.SC(| 
 
 c<jnvici 
 civil 
 tiials 
 victioil 
 
 if 
 
 -.f tl 
 by tluj 
 
 civil 
 
 M-.S.SC'( 
 
 recnvc 
 JiisticJ 
 
 it not r 
 
 Jurisdl 
 
i»i:( isioN i\ i.i(^»r( Ik ^^^|■s. 
 
 79 
 
 jtli. 'I'liat (litTii'iilt (|iii'sticiii (if l.ivv nml fncl wmild .iri^c mi llic trial of tl-,i-i 
 
 lailSf. 
 
 In aililitiiiii to tlif aliovc, S. I!. (Ininlfy, l'!->(]., tlic altcriKv <>( ili-fcndaiil, in an 
 .iiri(la\it iikkIl' liy luiii. stall's tliat on a|)|ilyiiij,' lor the writ n( ,, r//(>/iir/ Ur Imni};!!! tn 
 ihe notice <i( the C(lnlfnis^i(MU•r the wunl ot' jiirisiliction in tlie ^aiii 'I'uwii ( iiiiit, 
 Kef^ulaily tliis slnmld Ikui- heeii siateil in the attulaN it on whicli the nr/h'/iiri was 
 (onnde'l, it relied U])<)ii as a ^roiinil fur rein()\inf; the cau^e to this Court ; liut as the 
 i|uesti()n of jurisdiction lies ;it the very root of the |iroceedinj;s and is necessarily in- 
 \ol\ed in some of tiu- j^rounds set out in i)elendant s alfida\it ; and. as its deleinii- 
 nation is of ^'reat conse'juence to the Court helow, wliere a considerable nunibei of 
 these suits ha\e been instituted. I tliou^'ht it desirable that this iiuestioii should be 
 fully argued and I have since j;iven it much thouj^htfiil consideration. I>y < h. 40 
 (.\ct of i<S76) Sec. 5 (bein^ "an act to amend the act to iiicor|iorate the Town of 
 Truro") the jurixliction of the Toun ( ouit is defined. 
 
 That section i^'ives to the Court, powir. 
 
 1st. To try and determine in a sumniaiy wdv without a jury all civil actions or 
 dealings ('.r .w//;v?f/«, in which the whole cause of action shall have arisen in the 
 Town i>f Truro in which the cause of action does not e.vceed ei},dity dollars, \c. vVr. 
 
 2nd. 'I"o try in a >iiinmary way without a Jury Action^ r.x ii,/itto in the nature 
 of Ke|)le\in, lrcs;:ass to land or bnihlin^'s or other real estate, in which tlv title or 
 right of jiosscsiiion is not the object of controversy, provided the cause of >uch Ac- 
 tion ori!,'inated within the limits of the Toun, ainl the (lama.;t's claimed n any ■-iich 
 case, do not exceed si\ty dollars. 
 
 Jrd. " .Such Court shall have and ik)>>c^s all the pouer^ in (i'tH iiiait. )■< -,,'ilhin 
 " the Mimiii/'alily, conferre<l upon one or moie Jusiiees of the I'eace, or .Siipeiuliary, 
 '•oi Police .Majjistrate by any Act of the Province of Nova .Scotia, or hitherto 
 "exercisable or held by them or him." 
 
 I'he Jurisdiction of the Court then, under this Section, I'Xtends to three classes 
 of cases. Let us examine the last of these and ascertaii; whether the language is 
 sufficiently com|)rehensive to include .suits for penalties lor breach of the l-iceiise 
 Law. W hat i.s the meaning of the expression " /^mwr in iihtlliis roiijlriyi/ ii/'tni oii<- 
 or iiiiirc Justices of tlh' l\a(L' 1" Can there be any doubt that, liowever much more 
 it may mean, i', at the least, means their powers, conferred by Statute, to deal with 
 matters within their Jurisdiction by way of civil suits? 
 
 W'liat then is the nature and character of the proceedings required for 
 covcry of penalties under Chapter 75, Kev. .Stat., 4th series? Is the renu] 
 vided, a civil remedy ? 
 
 the re- 
 
 4) 1""- 
 
 The 23rd Sec. provides that " penalties under this chapter may be recovered in the 
 name of any of the Clerks of Licenses in their resjjective districts, or of any other 
 |3erson who will sue therefor in the same manner and with the like costs as if they 
 were private debts." And though the Statute gives a form of conviction to be eii- 
 dor.sed upon, or annexed to the original summons, when the oflen.se is proved, thi> 
 conviction is in the nature of a Judgment to be followed by an execution, as in a 
 civil suit. 'l"he ajipeal is to be granted in the same manner as in case of summary 
 trials before Justices ol the I'eace. In different jiarts of tlie Chapter also, the Con- 
 viction itself is designated a Judgment. 
 
 The whole process is civil in its character, issued and carried on before Justices 
 of the Peace as a civil Court, the penalty being regarded as a debt to be recovered 
 by the person who sues therefor. It is, in fact, in the nature of an ordinary i/iii taiii 
 Action which is ])urely a civil i)rocess used for the recovery of penalties. 
 
 Now if the Municl[)al Court of the Town of i'ruro possesses all the powers in 
 civil matter.-, within the .Municipality, which one or more Justices of the Peace pos- 
 sessed under any .\ct of the Province, as it cU'arly does, and if the suits for the 
 recovery of Penalties under Ch. 75, Kev. Stat., are civil >uils ]irosecuted bef<jre two 
 Justices of the Peace — as a civil Court, which a])i)ears tome lo be indi>j)ulal)le, does 
 it not follow conclusively that the Municipal Court within the 'J'own of Truro has 
 Jurisdiction to try these suits and to issue the necessary pr'x:ess therein ? 
 
8o 
 
 DECISION IN l.K.XOR SUITS. 
 
 'I'lii- (nuslliiii of jurisdictidii ii ImwcvcT scttli-'il in anntlKT way. Hy Sec. IJ, ("li. 
 49, (Art?, of I.S76) tile liye-hiws ami onliiimices of tlir Town of 'I'luio, a])i)r<)Vc(l liy 
 tlic Clovcmor in Counoil on the jnl day of Aiif,'iist, 1875, except so far as the same 
 are aih'.'niled hy this Act, are coiifiinied as tlie hyt-Lnss of sucii town, and may 1/e 
 ncti'il upon and enforced as if the same were enacted and puldished with, and as \^a\^ 
 ol ilie All of Ini'orporation of such town." 
 
 One of ihe^e byed.uv-. (See. title *' I'rosecutiiuis") ainoiij,' oliier things, provide^ 
 "liiat all lines and penalties for any l)reacli of any provision of any Act of the I'ro- 
 " vince, now or hereafter to be in force resiiecting the sale of intoxicating; liriuors, 
 "may be enforce<l in the Civil or I'oiice Court of tlie town." 
 
 'I'his bye-law, it will be seen, },'ives either Court Jurisdiction l)Ut after llie .\cl 
 of lS7(). a l)ye-law was passed, <iul\' ajiproved by the ( iovernor in Council, vmder 
 whii'h forms of process were provided for carryinj^ on these i)rosecutions in tlie Civil 
 or Town Cfiurt only as>inii!aling the mode of |iroceedinj; as nearly as possible to thai 
 imrsued under (.'h. 75, i\e\'. .Stat., and the .Act-, in amendment thereof, by two Jus- 
 tices of the I't.'a'c. 
 
 I have no hesitation, t'x'refore, in sayiiiL;, after having; deliberately considered 
 this (|uestion and the juinciples to be observed in the Construction of Statutes, that 1 
 consider the Toun Court of 'I'rurij to have ample Jurisdiction to try these causes. 
 
 Now, a> reijards the first j^round for ((V//,/;-,//-/ mentioned in Defendant's altidavit, 
 viz : " That the writ in the Court below is not conformable to the reriuiri'iiients ol 
 the Statute of Licences for the sale of intoxicatini,' liquors, Cii. 75, Rev. Stat. (4th 
 series) and ami'ndment thereof, Ch. 1st (.Acts of 1S76), and lias not the seal and siy- 
 nalure of any .Ma;^islrate thereto," it may be remarki'd : 
 
 Isi. 'I'liat such form in its inte;^rity. with the sij^nature and seals of t\^<) Justice^ 
 of the Peace, would not be suited to the new conditi •' of tliinj;s. 
 
 211(1. I!y Ch. 49, (.Acts of lS7()) sec. 6, it isjirov.i.ed that " The Recorder and 
 Slijieiidiary .\Iaj,'istrale shall, until otherwise directed by the Council, frame and make 
 all rules, orders and regulations, respecting llie practice in the Town Court for the 
 trials (jf C'ivil Causes, and shall make, or(ler, and declare, adojit, and from lime to 
 lime vary and alter the various writs, processes and forms to lie used by the Munici- 
 pal Courts." 
 
 3rd. Sec. 3 of said .Act provides that "such Court shall have a s'.'al of such 
 form and design as the Recorder shall adopt, and all writs, process and other pro- 
 ceediiv/s shall be signed, sealed and issued by the 'I'own Clerk, and shall be directed 
 to the police constable or to any constable of the County of (.olchester." 
 
 4th. liy one of the bye-laws of the 'I'own of Truro under the title of " I.icpior 
 License'" apjiroved by the (Iovernor in Council, 5tli March, 1S7S, and made under 
 the authority of the last mentioned Act, it is provided that "The form of License, 
 iiond. Summons, etc., shall be the same as now in use under Ch. 75 Rev. Slat., and 
 the Acts in amendment thereof, with such alterations in the wording of such forms 
 as to render them applicable to the Town, and the carrying out and enforcing the 
 provisions of the said laws within the precincts o.' the i own — such form of Sum- 
 mons to be niadi' as ])rovideil in the Act regulating the Town Court. 
 
 Sill. In |Husuance of the authority thus given, a form of Summons was pro- 
 vided containing in substance all that is contained in the form useil in prosecutions 
 before two Justices of the Peace. 
 
 Now the writ in this Cause is sworn to be in the form ]irovided under the law . 
 It is sealed with the proper seal of the Court by the Town Clerk and signed and is- 
 .sued by him, as the law requires, so that (with the Jurisdiction of the Court undis- 
 turbed) I must pronounce the objei'tions to the writ entirely groundless. 
 
 The second ground for (■;7/,v);-,n7 mentioned in Defendant's affidavit is " That the 
 Clerk of License, who is plaintifi in the suit, and the Town Clerk, who issued the 
 writ, are one and the same person," I will dismiss this objection with a very few ob- 
 servations. \\y the laws of the Incorporation the Town Clerk and the Clerk of 
 License must be the same person. The plaintiff in the ]iresent case was legally 
 apjiointed to both offices. All writs issuing out of the Town Court, as I have already 
 shown, must be sit^.ied, sealed, and issued by the Town Clerk. Under Ch. 75 Rev. 
 Stat., the only party rtcognizeil as the proper party to sue for penalties for breach of 
 
iicivcd by 
 tliu saim- 
 .1 may l.f 
 1(1 as pail 
 
 , ])i()vi<k"< 
 
 ll,L- Pro- 
 
 j^ lifiuors, 
 
 •r ilic Act 
 cil, uiiiIlt 
 1 the Civil 
 |)le to lli^l 
 ,■ two Jus- 
 
 cnns'.ilcn-'il 
 lies, tliat I 
 caiisis. 
 ■salfiilavit. 
 R'Hients ol 
 Slat. (4l'i 
 al anil siy- 
 
 uo Juslicf- 
 
 .'conlcr and 
 le anil make 
 Hut for iht.' 
 om limu lo 
 tho Munici- 
 
 ;Mal of suc'.i 
 I other pro- 
 be ilircctcil 
 
 of " Li(luor 
 made vmiler 
 of License, 
 V. Stat., and 
 ■ such forms 
 •nforcini; the 
 >rm <if Sum- 
 
 )ns was pro- 
 prosecuti(Mis 
 
 (Km- the law. 
 iijaed and is- 
 Court undis- 
 
 is "That the 
 
 ho issued the 
 
 very few ob- 
 
 the Clerk of 
 
 c was legally 
 
 I have already 
 
 ■ Ch. 75 l^^'^- 
 for breach of 
 
\MllCl 
 lit' oil 
 
 n.'(|iiil 
 tlic iJ 
 (liiniil 
 
 trail, 
 infill I 
 l.y 111 
 matt J 
 ti)wn| 
 
 I 
 
 tlK 
 
 suit, 
 
 tlU'M 
 
 Ccililil 
 
 iflatl 
 tiyiiil 
 cvidJ 
 ]5ri>i)| 
 as ri'j 
 On t| 
 tlon, 
 Tn 
 
 of iJ 
 U])oij 
 
 ayaiil 
 no (1 
 are 1| 
 
 any 
 
I>l'.( l>I('>N IN l.|(.'l« »K sil r>. 
 
 Kt 
 
 I.ici'nsr !,;iw, is tlic (liik i)f till' I.iffDsi', wiiliin hi'* pruuiT ili-tiii't, ami tlnm^Ii tin 
 Slaluti' aUn piuvidis tliat a |irivalf |n'i-.nii may -in- tluiilni, yi-t it aicnluii'ly iii|uiri'- 
 tliat llic ( 'li'ik i)( till' l.iffiiM', III! inrnnnaliiiii lu'in^ ^^ivi'ii In him in writing,', mi liav' 
 
 111^; liu c'lsts ^uaiaiitcTil liy two nr iiinif ii'>in'i'ialilc pailic-., >liall prnsci'iiti' tin- |icr^iiii 
 intnniu'il a^MJust, iindii |ii'nally of tin- >amc aiimuiit as wmilil l)c im|)i)si.'il ii|iciti tlii' 
 
 larty infnmicil a^;aiiisi if cunviftfil. Ii f 
 
 law, thai if thi' Cluik >>( \hr |,i 
 
 as a lualtcr uf ucci'ssity, umiiT the 
 
 I'fllsC s 
 
 iir fur iH'iialtiL's uiiilir (li. 75 \<v\. Slat., as hi 
 
 is in sniiu! casi's i-iim|i<'llivl tu do, the iicrsun \\\u< \u>\i\> that niVu-c and at the saiiif 
 
 I'' iMK' canai'iiy 111' p! lintilf, and in thi- 
 
 tiino liolds the iijiii 
 
 if 'I'own ( 'Icrls, nuist in ti 
 
 itliLT issuer cif the writ. I.et it lie leiuen 
 dil 
 
 ed tiial lie Is ;ictni),', imt as a piu.Uc 
 
 t fn 
 
 |iers(in, Imt as a |iimiIic cilhrrr throii^jhout that he is ni'Meiy annisiriMnent fur |iuttni 
 llie law in u|ieratiiin, in his ihnilile caiiacity i<f ( lerk nf I .i<ense ami 'I'nVMi Clerk, 
 and, si> far as I can ascertain under the laws uf the cnriKiratinn, he lias no |iecniiiary 
 interest in the result. Indeed this is ipiite clear from the al'lidavit nf the defendant 
 himself and fnun reference tn Sec 4 ('ha|i. 4<) (.\cts cii" lS7()i. I can therefdie, see 
 
 niith 
 
 iiij^ in iiniicijile, really ulijectiiinalile tn lliis nvide nf jirnceedin^; 
 
 As tn t 
 
 le thill 
 
 md fnr litiiorijri s\i ; t 
 
 le a 
 
 llcL'i-d 
 
 ml 
 
 crest and |)resum 
 
 iia> 
 
 of the Stiiieiidiary Ma;^istiale wlin jiresidcs in the Tnsvn ('mill, having,' c<impareil the 
 affidavits nn bnih si<les in reference tn this |)ninl ami carefully cnnsidered the ar^u- 
 
 n) 
 
 un( 
 
 eiits and cases cited hy the cnuiisel nf defend 
 
 lint. 
 
 well as the relat 
 
 nil w 
 
 hich 
 
 ler the lasv the Stipemliary Ma;^istrate hears tn the Incnrpnrated Imdy that ap 
 
 ted h 
 
 pointeil him 
 
 I iiiav at ciiu'e remark that I fail ti 
 
 am iiiierest or luas m the .Sti- 
 
 pendiary .Maj;istrate In dis(|ualiiy him fmrn tryiii;,' the causc. 
 
 lie has nn /.vv^;//!//;!' interest. The Defemlaiil in his alTidavit with a view of 
 inakiii!^ it appeal thai the Stipendiary .Mai^istrate had such interest stales "that liy 
 the ( 'mistilulinn and live-laws nf the ( 'nrpnralinii. the tines, costs, and penalties 
 which arise fmm prnsecutimis, ami suits of this nature ^'o to form a fund out of which 
 
 th 
 
 e salary 
 
 if tl 
 
 le sail 
 
 1 St 
 
 ipemliarv 
 
 M 
 
 VL^istrale is paiil; hut it seems <lise 
 
 iij^eminus 
 
 thai 
 
 he miiitled to stale the further fact, that any deticiency in payment of the salary, is 
 required by the law lo he paiil out of the general funds of the town. The salary of 
 the Recorder and Stipendiary Ma,i,'islrale is lixed and can neither lie increased nor 
 (liiniiiished l)\' the result of the suit. 
 
 Airaiii. there is no salisfaclory reason slinwn t 
 
 trale should he c< 
 
 lie red as ha\i 
 
 ,liv ll 
 
 le Slii 
 
 /ndiarv Ma''i 
 
 h 
 
 if. 
 
 ininrmec 
 
 1 and 
 
 lelleves 
 
 the T. 
 
 111; anv I'hi. 
 ' 'I 
 
 Tiie Del". 
 
 It asserts that (as he 
 
 nwii III I rurn is the real plaiiititl 111 this case, represe 
 
 nted 
 
 bv their servant and paid a''ent, the Clerk of License. 
 
 T 
 
 Us IS eviileii 
 
 111 
 
 alter of inference, from the fact that the penalt 
 
 tly 
 
 llierelv a 
 
 ies recovered are appmiiriated to 
 town inirposes. 'I'hc Defendant also stales that if judj.jmenl should be j;iven against 
 the plaintiff, the incorporation would be compelk'd to jiay all the costs of llie said 
 
 su 
 
 it, as he is informed and believes. Xnw the defemlanl wishes im- li 
 
 infer fn 
 these slatemenls, and frmn the fact that the Stipendiaiv Ma''istrale, who is also K 
 
 corner ami api)nin 
 
 Ued and iiaid bv the Incnrpnratinii, imis 
 
 1. fn 
 
 his very i)iisition in 
 
 relation to the town, be under such influence anil bias as would disriualify him fmni 
 Iryinj^ this cause. I am not disposed to draw any such inference. There is no 
 
 evidence to show thai such influence was ever attempted h 
 
 exerted — there is m 
 
 proof that the .Stii)emliary Mai^istrate, as Recorder of the town, ever jjave any advice 
 as ref^arils these prosecutions or performed any act which would indicate |)arlialily. 
 On the Contrary, there is evidence to shnw thai he has always, in trials of this descrip 
 
 lion, .acted with the uti 
 
 si impartiality. 
 
 T 
 
 lere is iinlhin 
 
 to si 
 
 inw thai llie Town 1 
 
 if 
 
 Truni in its Cor|)orale cajiacily or the Council represeiitini^ it, ever directed the Clerk 
 of License to institute these suits. liul even were this the case am I to be called 
 upon lo say that ihey were exceedintj iheir duty? The Corporation or the 'i'own 
 Council is bound lo kiok after the welfare of the town, and lo see that nflemlers 
 
 seen 
 ihey 
 
 are by law authorized to be for llie recovery of lines and jienallies, for \inlalion of 
 any bye-law of the Town, and before the same Sti|)endiary Magistrate. The objec- 
 
 11 
 
 against the law are duly ]■•■ seculed. If the law ha.l so pmvided, I should have 
 no difticullv in the suits 1 
 
 leint: ins 
 
 lituled in the name of the Town of Trun 
 
82 
 
 DECISION I\ I.K.X'OIi SriTS. 
 
 liipii t ) siirh a course if it i)rL\.iilL-(l, woulil strike ;it liic Admini^tiaiiDii cf law in 
 'illicr Muni(i|)alitics as well .as tliis and in my jiiiiyniLnt it caiinDt In- (.ntfrtaiiicii for 
 a iiioinL-iit. 
 
 The orij^inal Act incorporatinf^ the city of Halifax |)r()vi(luii " llial penalties for 
 iireach of any part of the l,ici'!;:,c Laws or of the liye-iaws ami ordinances of the 
 city, made in reference thereto, shall lie recovereil i)elore the Mayor's Court, in the 
 name of tiie city as ]ilaintiff ; ' yet I never lieard of any exception havinj; iieeii taken 
 to the trial of these causes before tlie Mayor, herause his ap|iointintiit emanated from 
 the city, and his salary was paiii out of tlie city funds, or that the Recorder, who was 
 also a paid olTicial of the city, allowed or assistcil him in the adnnnislralion of the law. 
 
 The fourth yround for certiorari mentioned, is " That the Stipendi;i'V M.aj^islratc 
 had expressed an o])inion that the defendant would lie compelled to testily against 
 himself and convict iiimself if sul>;} . iiaed and jiroiluced at the trial ; .md that he, the 
 said nriL;istrale, would not alio ' him lawful protection a;^aiiist criminating himself, 
 assertiii;^ that such luotectioii does not exist." 
 
 \\^ the exjiression " ('riminating himself in tiii-. connection, is no douht meant, 
 :in-.werini; (|uestions which wouhl tend to his convicti(;n. 
 
 I will not enter into llie discussion of the cpieslion, wliether the opinion allet;ed 
 to be j^iven i)y the Ma),'istrate is rijjht or wrong ; because I consider it unnecessary to 
 do so. It is suflicient for me iiere to say, that the exjiression ol such an ojiinion, 
 whellicr right or wrong, is not a suflicient reason for defendant obtaining this writ. 
 It is time enough for the <lefendant to seek a remedy when aggrie' ed. lie is not 
 aggrieved by the expression ol the legal o|)inion of the magistrate on the question of 
 evidence which might nut arise, or with regard to which before it should .iclually 
 arise, tiie opinion if wrung, might be rectilied. In arguing this ground, niorecjver, 
 tile defendant is in eflect saying to me that if he is compelled to be a witness, and 
 the protection desired is not granted to him, the evidence that he would be obl'geti 
 to gi\o would be injurious to iiiuiself by tending to his conviction. If, otherwise, 
 why should he fear, or seek to be exempt from ex.imination ? In connection with 
 this let it be remeniliered that if he were convicted, whether on liis own or indepen- 
 dent testimony, he could not have an ai)peal vvilhout making an altidavit that he was 
 not guilty of the offence alleged ; and we thus see more clearly the ])osition he occu- 
 |)ied in regard to merit in applying for the ccrliorari. Should he be alloweil this 
 writ, if he catinol take the oath refpiired in order to entitle him to an appeal ? Is he 
 to be jiermitted to evade the stringent jirovisions of the law by resorting to a (.v/'/c'rd'^v 
 iiefore ju<lgment, because lie fears that he will be called upon to testify that which 
 would, after judgment prevent liini from getting an apjjeal. This W(juld seem to me 
 to be such an evasion ol the law as ouglit not to be tolerated. 
 
 The only remaining ground of the defendant for obtaining his certiorari was 
 "that dift'icult (piestions of law and of fact would arise on the trial of this cause." 
 
 The .;efendant has not pointed out, and I have not been able to see any diflkult 
 (juestions ol law or of fact, as likely to arise in this case, other than is likely to arise 
 in all such prosecutions, antl if this ground were to prevail, all causes of this descrip- 
 tion might be removed into this court lieforc trial and tlie (jccuiiation of the c<Hirl.s 
 below be gone. 
 
 This and some of the other grounds mentioned in Defendant's alTidavits are 
 based on the assumption that when these causes are lirought up liy certiorari before 
 trial, this court will proceed to try tliem. Indeed, the object of removing this cause 
 is stated in the affidavit to be that it might be tried before an im])arlial and disinter- 
 ested tribunal. In other words the defendant for the reasons set out in his affidavit 
 is asking this Court to try a cause which lias not been adjudicated upon by the Court 
 bel-iw. .So far as I have been able to ascertain, whatever may be the practice in 
 Kngland, it has not been the practice of tlie Supreme Court of this I'ruvince to deal 
 with such cases in this way. I am not acquainted with a single instance of the kind, 
 and I have reason to believe that it does not exist. 
 
 The County Court now holds the same ]iosition with regard to the administration 
 of the law in these cases as the .Supreme Court did beftire the County Courts were 
 established ; and I am to be governetl by the juactice in existence so far as I can as- 
 certain it. 
 
'f law in 
 allied fur 
 
 allits fur 
 cs of llio 
 t, in tlic 
 -fii taken 
 aU'il fiDin 
 who was 
 f ihe law. 
 ila^islratf 
 ly aj;aiii>l 
 Kit lif, the 
 g himself, 
 
 lilt meant, 
 
 m allet^eil 
 .■cessary to 
 n opinion, 
 
 this writ. 
 
 lie is not 
 riueslioii of 
 1(1 actually 
 
 moreover, 
 itnes>, ami 
 be oli'-^eil 
 
 (>therwi>e, 
 jclion with 
 )r in(le])en- 
 that he was 
 1)11 he occii- 
 tlloweil this 
 ical? Is ho 
 ) a certiorari 
 
 thai which 
 
 seem to nii: 
 
 rtiorari was 
 is cause." 
 
 any ilift'icuU 
 Uely to arise 
 
 this (lescrip- 
 of the courts 
 
 affidavits arc 
 'iorari before 
 n<; this cause 
 
 and disinler- 
 II his affidavit 
 
 by the Court 
 le practice in 
 )vince to deal 
 e of the kind, 
 
 idminislration 
 y Courts were 
 ir as I can as- 
 
Its 1 
 
 its IV 
 
 exist 
 
 moil 
 uhic 
 wliic 
 tlie ( 
 caiis( 
 C"(iui 
 slrin 
 ai.pL 
 Thei 
 by <•( 
 pmci 
 shall 
 
 (inly 
 Ijroii 
 
 the ( 
 thi'si 
 
 (.'(lUI 
 
 thL-ii 
 
 want 
 woul 
 Cecil 
 
 soliit 
 
DF.CISKIX IX I.KU'OR STITS. 
 
 
 Tlie law respecting; the sale of intoxicating liquors is in sonie respects s!// x'<'"t'>''-i 
 
 Its jirovisions are peculiar ti> itself. 'I'he restrictions a 
 
 ml 
 
 Its modes ( 
 
 .fn 
 
 ]ienalties ;t nnposes, witii 
 
 are intenileil to secure the coinniunity from j^reat evils or, when 
 
 existing, liy vignrous prusecutinns lo exterminate them. 
 
 rum time to time the law has heen a 
 
 nieiv 
 
 1 with a view, if nossihle, of strikiiiL' 
 
 ni( 
 
 m 
 
 )rc effectually at the illicit sale of intoxicatir.g drink. It indicates the courts 
 khich suits for the violation '>f its jirovisions are to be commenced and the mode in 
 
 which these suits are to he carried nn and triei 
 
 With 
 
 regant to such prosecutions, 
 
 the County t'ourt has no (iri^inal jurisdiction. If the plaintiff were to initiate hi- 
 
 cause here, he wou 
 
 t'ourt 
 
 lossesses 
 
 in 
 
 lid ine\ital>ly he nonsuited, 
 these matters is by way of 
 
 'I'h 
 
 e only ju 
 
 risdictiun uhicli thi. 
 
 lese matters is by way of ai)|)eal or certiorari ariiund which 
 
 stringent checks and guards are thrown to ])revenl defeat of the ends of justice. The 
 
 appeal is necessarily afte 
 
 r lulgme 
 
 ■lit and the trial in the t'ourt aiiove is dc >t07'( 
 
 There is :i sfd/it/i'ry jirovisinn also fur trying Jr mn'O if need be, causes brought up 
 hy certiorari. By t'h 94 Rev. Stat. Sec 5S it is enacted that " in all causes and 
 proceedings brought up by certiorari this court may incpiire into i... facts aihio if it 
 shall seem to them tn be necessary." 
 
 The use of the word aneii.' in this clause evidently shows that it has reference 
 
 ily t 
 
 o causes in 
 
 which a trial has been had in the t'ourt l)eIow. If the cause 
 
 brought up by certiorari hi^Unc judgment, there is no statutory law for trying it. 
 
 For all infractions of the License Law, I am satisfied that the ])olicy of the 
 Legislature is to give not only a summary but a speedy remeily. This can be had in 
 
 If 
 lii matter, thi;; 
 
 the Couits in which the law contemplates that the ])roccss shnuld be coiiducteil 
 
 th 
 
 ese courts are ])riiperly con>tituted and are proceeding regularly 
 
 tl 
 
 Court should not interpose ami defeat the ends of justice l>y taking the trial out <if 
 
 their ham 
 
 In the present case if I had found s'fficient reasons for sustr 
 
 ' the("i'r//t)r(7;7'fron 
 
 want of jurisdiction or legal incnmpetency or gross irregularity in the Court below, it 
 would have been my duty, not to try the cause, but to set aside or quasli the pro- 
 ceedings in the inferior Court. These reasons I am satisfied do not exist. 
 
 I think therefore that the ruK' ;//\/ to set aside the (■rv//,vi?;7' should be made ab- 
 solute with costs on the grouml th.U the writ was imj)ro\ itlently issued. 
 
Al'l'ENDIX C. 
 
 An Act to farther Alter and Amend the Act to Incorporate the 
 
 Town of Truro. 
 
 Be it enacted b)- tlie Gf)Vcrnor, Council and Assembly as 
 follows : — 
 
 1. The Town Court for the trial of Cix'il causes, may be 
 holden, when business in the Court rc([uires it, on ever}- Tuesday 
 in each month, be.,n'nnin_i;' at ten o'clock in the forenoon, and may 
 sit by adjournment from day today until all the causes for trial 
 arc called. 
 
 2, So much of the existin^^ laws, or b\e-law or rei^ulation 
 of the Town of Truro, as may be inconsistent with this Act is 
 repealed. 
 
 OllKK OF Tin: Cl.KKK OK ASSKMIU.V, 
 
 23rd April, 1879. 
 
 I do hereby certify the forei^oint^ to be a true cop)' of an 
 Act, which having' received the sanction of both Branches of the 
 Local Letj^islature, was assented to by His Honor the Lieutenant 
 Governor on the 17th da)- of April instant. 
 
 IILXRY C. I). TWINING, 
 
 Clerk of Assembly. 
 
rate the 
 
 ■nbly as 
 
 may be 
 
 Fucsday 
 
 and may 
 
 for trial 
 
 ii;ulati(Mi 
 s Act is 
 
 lU.V, 
 
 1, 1879. 
 
 •py of an 
 hes of the 
 .ieutenant 
 
 ING, 
 
 sembly. 
 
Ok 
 
 i;: 
 
 Ti I I.I 
 
 I. 
 
 II.- 
 III.- 
 
 IV.- 
 
 .\l Ml 
 
 Vi 
 
 \ 
 
 XI 
 
 Xl 
 
 X 
 
 x\ 
 
 XVI 
 
 X\ II 
 
 XI 
 
 X 
 
 XN 
 
 XXI 
 
 Akh 
 
 I." 
 
 II.— 
 
 Appe 
 Appt 
 Appe 
 
IND E 
 
 ()|- Tin: SKVF.RAI. 
 
 AK 
 
 ri'i.i'.s. I)i\isi()Ns, Okdixaxcks 
 
 AM) l-'NACTM i:\rs (ON lAiNi;!) IN I HIS \'()i.r.Mi; 
 
 1) 
 
 \KT I. 
 
 i:na(I'mi;n rs oi' iiii: i.i.cisi.ai iki; oi' noxa s(()Iia, 
 
 i;>i'i;(iAi,i.v All i:( i'iN(i riii-: lowx oi' ikiko. 
 
 Ti I i.r. 
 
 I'Acr 
 
 I. -Ac-l 111' Iiiriir]Mir;uiiin . 
 
 1. I lie I own >i'ai 2n 
 
 II. -'ilic 'I jwn (Council 29 
 
 ('oiniuiltcc's 51 
 
 III. — AssosiULiit 32 
 
 IV. — Munitipal CmuiI y) 
 
 v. — I'ulicc Fiiicc 41 
 
 V[. — Special ('()n>talik's 42 
 
 \'II. i'rosociitioiis 44 
 
 \'1 1 1.- I'ound anit I'oiiinl Keepers 45 
 
 IX. — III uses, (atlle and (jee>e . . 46 
 
 X.— .Streets 47 
 
 XI.— I'ul)lic I'niiierty 52 
 
 XII. ~.\uctii)!ieers Licenses 52 
 
 X 1 1 1. Of Shui^'literini; . . 52 
 
 XI\". Health Wardens 53 
 
 X\'. i.i(|U()r Licence 53 
 
 X\'I. Hackney C'arria^'es and l.ivery Slaiiles 55 
 
 XVII. - 'rruckni.m's Kej^uLiliuns 57 
 
 X\' II I. - t'onnnercial Travellers 60 
 
 .\IX. Kxhiliitinns Ol 
 
 XX.- Annual Meeting 61 
 
 XXI. To Su|>iily X'acancies 62 
 
 XXII. -Of Water Works 64 
 
 r.XRT III. 
 
 MISCKl.l.ANKOUS RUI.KS. 
 .Akiki.k I'Acr. 
 
 I. Rules of Town Court 69 
 
 1 1. — roiice Regulations 72 
 
 Ari'i:Ni)ixi':s. 
 
 Appendix A, I-drnis 74 
 
 .\ppendi\ H, - Jud|,'e lilanchard's Jud^nietit in Certiorari I.iijuor Suits 78 
 
 M'P 
 
 H' 
 
 .84 
 

 the t 
 the 1 
 
 84. 1 
 it \vi 
 tent.- 
 
I'OST-SCRII'T 
 
 All important Act, uiulcr which the Town Court for 
 the trial of civil causes can be held every Tuesday, haviuLj passed 
 the Legislature since tiiis work went to press, Schetlule C, paj^e 
 84, has l)cen ap[)endcd for its reception. And, supposinj^ that 
 it will prove serviceable, an index furnishiiiL^ a summary of con- 
 tents, has also been added. 
 
 Tki'Ko, Ma)- 17th, 1X79. 
 
 I. L.