ii^" IMAGE EVALUATION TEST TARGET (MT-S) /y ^// ' ' v^ w w O^M Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ ,v <^ V i^ \ ^ CIHM/ICMH Microfiche Series. CIHfVI/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / institut Canadian de microreproductions r.istoriques Technical and Bibliographic Notas/Notaa tochniquaii at bibliographiquaa The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D D Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaurte t>t/ou pelliculAe Cover title missing/ Le titre de couverture manque I I Coloured maps/ n D Q Cartes gAographiques en couleur Coloured ink (I.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou iilustrations en couleur Bound witfi other materiel/ ReliA avec d'autres documents [771 Tigrri binding may cause shadows or distortion along interior margin/ La reliure serrie peut causer de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches aJoutAes lors d'une restauration apparaissent dans le tsxte, mais, lorsque cela 6tait possible, ces pages n'ont pas AtA filmAes. Additional comments:/ Commentaires supplAmentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui n At* possible de se procurer. Les dwells da cat exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqute ci-dessous. □ Coloured pages/ Pages de couleur I — I Pages damaged/ D Pages endommagies Pages restored and/or laminated/ Pages restaur6es et/ou pellicul6es ITTI Pages discoloured, stained or foxed/ ULI Pages dAcolortes. tachetAes ou piqutes □ Pages detached/ Pages dAtachtos Showthroughy Transparence Quelity of prir Qualit6 InAgaie de I'imprejsion Includes supplementary materii Comprend du matAriel supplAmentaire Only edition available/ Seule Edition disponible r^ Showthrough/ I I Quelity of print varies/ I I Includes supplementary material/ I I Only edition available/ n Pages wholly or partially obscured by errata slips, tissues, etc.. have been ref limed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies per un feuillet d'erreta. une psiure, etc.. ont At* filmAes A nouveau da fagon A obtenir la meilleure image possible. Paget 295 and 296 are mining. This item is filmed at the reduction retio checked below/ Ce document est film* au taux de r*duction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X ails du idifiar une nage The copy filmed here has been reproduced thanks to the gei'^erosity of: Harold Campbell Vaughan Memorial Library Acadia Univonity The images appearing here are the best quality possible considering the condition and legibility of the original copy and in Iteeping with the filming contract specifications. L'exemplaire film* fut reproduit grAce A la gAnArosit6 de: Harold Campbell Vaughan Memorial Library Acadia University Les images suivantes ont 6t4 reproduites avec le plus grand soin, compte tenu de la condition at de la nettet6 de I'exempiaire film6, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires originaux dont la uouverture en papier est imprim6e sont fiim^s en commenpant par le premier plat et en terminant soit par la derniire page qui comporte une empreinte d'impression ou d'iHustration, soit par le second plat, salon le nas. Tous les autres exemplaires originaux sont filmte en commen9ant par la premiere page qui comporte une empreinte d'impression ou d'illustration ut en terminant par la dernidre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol '-^(meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols Y signifie "FIN". Maps, plates, charts, etc., m.iy br. .ns sd at different reduction ratios. Those toc k .--Kf Committee Room, 28tii Junk, 187?. Tins volume is not the result of n revision but of a compilation, and coa- taius t.'ie laws specially affectin;; the City of Halifax and the City Ordinances, not as they should be, but as they are. The City Council after more than one trial gfive w^j the attempt at a general revision, iind instructed their committee to publish the laws and ordiuKuces in such form as to enable the citizens, without serious tro»ibl.i or inconvenience, to learn how they are governed. This has been attempted in the present work. The committee have endeavored to arrange the various enactments according to their subjects, and io deal with tlie several subjects in such order as they trust will meet with approval. This has rendered it impraoti(;able to follow the numerical order of the sections, and has made it neces.^ary in the Index to refer to the pages and not to the .sections. A few explanations as to the method adopted m preparing the work for publication may lie useful. Part I contains tlie enactments of the Legislature of Nova Scotia, specially r.ffecting the City of Iliilifax. In tliis I'art, the sections taken from Chapter SI of the Acts of 18C4. entitled, ■* An Act concerning the City of Halifax," and generally known as tlie City Charter, are printed wit'iout any distinguish- ing mark. Sections taken from other acts are numbered as in the original stattitcs, and tlie figures are (except in two or three instances, where the omission lias been accidental,) etielosed in brackets. The chapter and year of the act will be found !'t the end of the section, or, if there are more than one section printed together, at the end of the last section extracted from each act. F^nactmeuts wliich have been repealed are omitted ; although, where any doubt existed as to the repeal, botli tlie old and the new law have been allowed to remain. Where words have hhcu either struck out or inserted by express legislation, the necessary change has been made in the text of the original law ; but little beyond this has been attempted. Part II contains the Ordinances of the City of Halifax, and does not seem to call for any special remark. Part III is made up of miscellaneous enactments and information, likely to be of interest to citizens. Appendix A contains the rules for the government of the harbor, and appendix B the rules of the City Court, both of which will, it is hoped, be found convenient In their present shape. The committee would respectfuHy recommend that hereafter, either at tlie beginning of each year or shortly after the close of the session oi the Legis- lature, the statutes relating to the city and the ordinances passed during the year preceding, be collected and printed in the same form as the present work, with an index. J. S. 1). TnoMi'SON ^ ) L. G. POWKK Committee. 5 4;30') •»• : .■.^■»r ^'«» -*f' TABLE OF THE SEVERAL PARTS, TITLES, DIVISIONS, ORDINANCES AND ENACTMENTS, CONTAINED IN THIS VOT.XJMK. PART I. Enactments of the Legislature of Nova Scotia, especially AFFECTING THE CiTY OF HALIFAX. 1. 2. 3. A. 5. 6. 7. 8. 8. 9. 10. TITLE I. TuE Corporation. TITLE IT. The City Council. Page. Constitution of the city council 3 Qualifications of mayor and aldermen .*....!..*.!.*..'.!'!!! 5 Elections of mayor and aldermen 5 Vacancies " ' , « Penalties for not serving 14 Meetings of city council 14 General provision respecting officers 'appointed by' the city coin'cil '.'..'. 15 Various powers and duties of city council 19 TITLE IIL ,, , ^Aw, Police and Punishments. xiecorder Stipendiary magistrate City civil court . . . .' City criminal court 1. 2. 3. 4. 5. General provisions as to city court ...'..'........., " ' 32 6. Provisions respecting the police court ... .......].. q»> 22 22 24 30 Certain petty offences . arious Poli ice. provisions as to legal proceedings ' 3 34 City prison . TITLE IV. - ^. Finance. i- tity treasurer 2 Audit V * ' ■ • ■ .■..*.'.■*; ' 4 Xl""?"^ provisions respecting 'money,' booVs", accounts '&c '. 38 42 45 4G 47 tertam provisions as to city debts : 49 VI. ^ » I il 1. 2. H. 4. 5. 1. 3. 4. 5. «. 1. 2. 3. 4. f). 6. 7. 1. 2. 3. 4. 5. 6. 6. 1. 2. s! 4. 5. 1. o 3. 4. TITLE V. Taxation. Page. Amount and objects of assessment i . . . 54 Inspector and assessors 54 Manner and subjects of assessment 5(5 Mode of collection and recovery 70 Miscellaneous 73 TITLE VI. City Works and Pkopeuty. Board of city works 76 City engineer 79 Streets , 70 iSewers 02 Water 08 City property 1 OO TITLE VII. Public Health. Board of bealth Cii V medical officer » Health inspectors Various sanitary regulations .• . . . City slaughter-house Hospital for infectious diseases Cemetery TITLE VUI. Protection from Fire. Certain powers of counci? Firewards, &c Firemen and engineraen Miscellaneous provisions Engine houses Fire alarm telegraph Provisions as to buildings , TITLE IX. Licenses. Licenses for the sale of intoxicating liquors . IShows,' exhibitions, &c Hacks and trucks .... Auctioneers Rag and junk shops, &c TITLE X. The Common TITLE XL The Poor. Constitution, powers and duties of board of commissioners . Miscellaneous provisions Provisions as to erection of new poors' asylum Mode of support n5 117 119 120 122 124 124 12G 127 131 132 135 137 139 145 156 1.56 157 158 158 163 165 167 170 h 4 5 6 7 8 9 10, 11, 12. 13. Vll. 132 135 137 139 156 156 157 158 TITLE XII. Public Schools. Page. 1 . Boanl of commissioners 170 2. Powers and duties of commissioners 173 .'{. Poll tax, &c 175 4. Halifax grammar school 176 TITLE XIII. Miscellaneous. 1. Transportation of gunpowder 177 2. Ancient lights ... 177 3. Obscene literature 178 4. Inspection of provisions, (§c 178 5. Trpck of steamers in harbor 185 6. Old loans 187 7. Apprentices in industrial school 1 90 8. Park at Point Pleasant 190 9. Halifax city railroad 192 1 0. Change of currency 194 1 1 . Halifax signal station 195 12. Omitted enactments 195 13. Poll tax for streets 196 I. IL in. IV. V. VI. VII. VITT. IX. X. XI. XII, XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. PART IL Ordinances of the City of Halifax. City seal and arms 201 Meetings and rules of council 202 Laws and ordinances 207 Certain legal proceedings 207 Certain petty offences 207 Minors smoking in the streets 207 Illegal bathing 208 Carrying dangerous weapons 208 Placards 208 Damaging gas lamps and water plugs 209 Police City prison City treasurer's bond City auditor ... . . Streets 209 . 212 . 216 . 217 . 219 Sidewalks 220 Sewers 221 Waste of water 221 Infected clothing 222 Fish market 223 Meat market 225 Green market ! 226 •Clerks of market 228 Slaughter-houses 229 Horses, cattle, swine, SfQ ,.... 230 l4 ri • • • Vlll. Page. XXT. Manufactories 232 XX II. Public comoteries 233 XXIII. Stove pipos, &c 23C XXIV. Firo alarm telegraph 230 XXV. Numbering of buildings and lots 237 XXVI, Licensed houses 238 XX VII. Exhibitions, ^c 239 XXVII r. Commercial travellers 240 XXIX. Bag and junk shops, &o 240 XXX. Ilacknoy carriages 241 XXXI. Trucks 248 XXXII. Managementof horses and vehicles in streets. ...;.. . 255 XXXIII. Common 256 XXXIV. Chimneys 258 XXXV. Bumboats 260 XXXVI. Cogswell prize for rowing , 263 XXXVII. Dogs 263 XXXVIII. Confirming ordinance 265 PART III. MISCELLANEOUS ENACTMENTS. Certain General Enactments of the Legislature of Nova Scotia. 1 . Prevention of imposition in the selling of coal 269 2. Transfers of indentures of apprenticeship in certain cases 270 3. An Act to amend Chapter 92 of the Revised Statutes " Of Juries," so far as relates to the county of Halifax 272 4. An Act to amend Chapter 36 of the lie vised Statutes, " Of Lunatics and the Custody and Estates of Lunatics" so far as regards the cojnty of Halifax 275 5. Table of certain chapters of the Revised Statutes 276 Certain Legislation of the Parliament of Canada. 1. Halifax Industrial School 278 2. Table of certain Canadian Statutes 280 tli re; APPENDIXES. Appendix A. Rules [and regulations for the government of the port of Hafifax, in Nova Scotia, and of the office of harbor master for the said port 283 Appendix B. Rules of city court 288 INDEX 295 >{ PART I. ENACTMENTS OF THE LEGISLATURE OF NOVA SCOTIA ESPECIALLY AFFECTING THE CITY OF HALIFAX. 'I'' TITLE I. : 275 276 278 280 I. — The Corporation. 1. The inhabitants of the town and peninsula of Halifax <'ity incorpora- are constituted a body politic and corporate, by the name of the City of Halifax. 2. They shall, as a corporation, have perpetual succession, ^^"y ''"|« "•''i' and a common seal, chan<]jeable at pleasure, and shall be capa-pcrty. ble of suing and being sued in all courts of justice, and of acquiring, holding and conveying any description of property, real, personal, or mixctl. 3. The town and peninsula of Halifax, and all docks, ^'"»it8 of city, quays, wharves, slips and erections, conrected with its shores, shall be included in and called the City of Halifax. 4. The City of Halifax is divided into six Wards, the Wards, description of which follows : NuMKEU One comi/.ences on the shore on the East side of No. i. Water Street, at a point opposite to the North of AVallace Street, then running westwardly through the centre of said street to Barrington Street, thence northwardly through the centre of said street to the street known as the Spring Garden Road, thence by the centre of the said street westwardly to the termination thereof, thence southwardly to the road which KEF CITY OF HALIFAX. [part I. No. 2. '.»f No. 3. No. 4. No.l leads to tlie Xortli-West Arm past Studley, thence wcstwardly by the centre of said road to the North- West Arm, thence by the shore southwardly and eastvvardly, by the courses of the shore, t:> the place of beginning. NuMBPni Two commences on the harbor of Halifax at the centre of Noble's wharf, thence running wcstwardly hy the centre of Sackville Street, until it intersects the road which crosses the Common in the rear of Citadel Hill, thence north- wardly and wcstwardly through the centre of the said road past the Windmill Hill to the shores of the North- West Arm, thence southwardly l)y the courses of the said shore to the centre of the road which leads to the North-^\"est Arm by Studley, being the northern bounds of Ward Number One, thence eastwardly by the centre of said road, and l>y the Spring Garden Road to Barrington Street, tJience southwardly through the centi'c of said street to Wallace Street, thence eastwardly through the centre of said street to the point ot commencement of Ward Number One, thence by the Harbor to the place of beginning. NuMBFU TiiUEK commences on the harbpr of Halifax at the centre of Ryan's wharf, ther.ce running wcstwardly by the centre of Duke Street across the Citadel Hill to the road which crosses the Common in the rear thereof, thence sttuth- wardly by the centre of the said road until it is intersected by Sackville Street, thence eastwardly through the centre of Sackville Street to the point of commencement of Ward Number Two, thence by the Harbor to tiic place of beginning. Number Four commences on the harbor of Halifax at the centre of Leppert's wharf, thence running wcctwartlly by the centre of Jacob Street to Barrack Street, thence northwardly through the centre of that street to the street which leads wcstwardly past the barrack stores to the road which crosses the Common in the rear of Citadel Hill, thence southwardly by the said road to the nortl;ern line of Ward Number Three, thence eastwardly by the said line until it strikes the centre of Duke Street, thence through the centre of said street east- wardly to the place of commenceihent of Ward Number Three, thence by the Harbor to the place of beginning. Number Five commences on the harbor of Halifax at the southwestern corner of the Dockyard wall, thence running wcstwardly by the centre of Gerrieh Street to Gottingen Street, thence northwardly by the centre of Gottingen Street to North Street, thence wcstwardly by the centre of North Street until it reaches the Dutch Village road, thence through rhe centre of said ioad until it reaches the brook which runs into the North- West Arm, thence southwardly by the shore of the said Arm, until it meets the northern line of Ward Num- 4- L'ART I. TITLE II.] CONSTITUTION OF CITY COUNCIL, 3 twardly thence irses of X at the hy the (1 which e north- lid road st Arm, I to the Arm by er One, by the hwardly , thence point ot Harbor all fax at n-dly by the road e sctuth- ccted by cntre of f AVard ginninjj;. IX at the y by the hwardly ^\\ leads 1 crosses ardly by Three, centre of ect east- Number IX at the running ottingen n Street I>f North through ich runs I shore of rd Num- ber Two, thence by the said line eastwardly through the centre of Windmill Hill road to the road which crosses the Common in the rear of Citadel Hill, thence northwardly by said road luitil it is intersected by the road which runs westwardly from JJarrack Street past the North Barracks, thence eastwardly through the centre of said street to Barrack Street, thence southwardly by the centre of said street to the centre of Jacob Street, thence eastwardly by the centre of said street to the place of commencoincnt of Ward Number Four, thence by the Harbor to the place of beginning. Numb?:r Six commences at the southwestern corner of the No. 6. Dockyard wall, thence running northwardly on the eastern side of the Dockyard by the shores of the harbor and basin north- wardly, to the place where the Basin road is intersected by the road running through the Dutch Village by Titus Smith's, thence southwardly by the said road until it intersects the road leading from the Town of Halifax, past Hosterman's mills, thence eastwardly through the centre of said road until it meets North Street, thence eastwardly through the ■centre of North Street until it intersects Gottingen Street, thence by the centre of Gottinjfcn Street until it is intersected by Gerrish Street, thence eastwardly by the centre of Gerrish Street to the place of commencemeat at the southwest corner ot the Dockyard. TITLE II. CITY COUNCIL. I. — CavsTiTUTioN OP City Colncil. 5. The ]\Uyor and Aldermen shall constitute the city ciiy council, council. 6. The rumber of Aldermen shall be in all eighteen, three No. of aidemen representing each ward. (I.) The term of office for Alderman of the City of Term of office Halifax shall be three years, unless he shall be elected to fiH "* »'dermen. nn ex-'i-aordinary vacancy, in which case he shall serve for the une:ipired portion of the term of his predecessor, or unless he resign office as indicated by the fifty-ninth and sixtieth sections o'the act of which this is an amendment. C. 87, 1865. w CITY OP HALIFAX. [part I. :jr 11 h ■! Present officers g^ xiiG present mayor, aldermen, recorder, city clerk, . to continue. / pi' /. tt tV in .• i and otlier oihcers or the city or lialirax, shall respectively continue in office and be bound to serve for the residue of the terms for which they have each been elected or aj)pointed. List of Alder- ^* Immediately after the passinj>; of'tliis Act the city coun- "'en. cil sliall make a list oi the aldermen, by placing in numerical succession the six wards, and under each Avard the names of the present aldermen in order of seniority, so arranged, that those whose term of service will CKpirc soonest, shall have priority ; and every alderman hereafter elected shall be entered also thereon from time to time : provided any alderman elected to fill a vacancy, shall take the place on the list which the person he succeeds previously held, oatii? of Mayor 52. The mayor ard aldermen shall before entering upon the duties of their offices, respectively be sworn bj^ taking and subscribing the oath of allegiance and oatli of office. These oaths shall be administered to the mayor elect before the governor or administrator of tlie government, or, in his absence, before the chief justice, or one of the judges of the Supreme Court, irv the presence of three aldermen ; the aldermen shall be sw^rn to these oaths by the mayor or pre- siding alderman. A certificate of such oaths having been taken, shall be entered by the city clerk in the city minutes. The oath of oflfice shall be as follows : I, A. B. do swear that I um duly qualified as required by law, for the office of tnat 1 am seized or possessed as the owner in my own right, and for my own use and benefit, of real or personal estate, in the City of Halifax, of the value of two thousand dollars beyond the amount of my just debts, and that I have not obtained the saiac by fraud or collusion to qualify myself for office ; and I swtar that I will faithfully perform the duties of while I ho^l the office, with dili- gence and impartiality, to the best of ny ability. So help me God. The blanks shall be filled up with the natHc of office before the oath is taken or subscribed. ""dedarlSd ^^' ^^^r an election for a mayor is held, «ntil the new onetocoutimio. niayor shall be leclared to be elected, and sha'J have been sworn into office, the mayor previously in office, vpr if there be a vacancy, the alderman ])residing in the cit;y council) shall exercise the fuiictions of mayor. i Mayor is an 54. If the pci'son clcctcd mayor shall be an aldcruan at Alderman. ^j^^ ^j^^^ ^^^ j^j^ election, having an unexpired term to terve in that office, the retiring mayor shall occupy the place »nd office in the city council of the mayor then elect, for the rbit 0^ li b o ail <'V Ml \j iRT I. TITLE II.] ELECTIONS OF MAYOR AND ALDERMEN. 5 clerk, . •tivcly of the ctl. ■ coun- ncrical nes of a, that il have entered lerman t which rr upon inijj and these fore the , in his s of the ?n ; the • or pre- nii been minutes. uircd by cssed as benefit, the vakie ist debts, colhision faithfully with dili- So help ice before the new lave been )r if there y council) Idcruan at ni to tevve place »nd or the roit i of his term, unless the retiring mayor give notice to the con- trary to the city council in writing within two days after the new mayor is sworn in. II. — Qualification of Mayor and Aldermen. 22. In order to qualify a citizen to be > "foible as mayor Quaiifieation of or alderman, he must be a natural born or naturalized male ^^^"J^f"*^ ^^' subject of her Majesty, of the full age of twenty-one years, not attainted of treason or felony, and must in addition to every (jualification necessary for a voter, be the owner in his own right of property, within the City of Halifax, real, or personal, of the value of two thousand dollars beyond the amount he may justly owe. 24. Nc person in hoi V orders, no minister or teacher of roreons not cii- any religious congregation, no judge or clerk of a court, no ministerial law officer of the crown, no person accountable for city taxes or revenues, no person who having collected city taxes or revenues, has not settled fully with the city for such collections, no person in receipt of salary from the city and no acting inspector or poll clerk at a city election, shall be cliiiible as mavor or as alderman. The non-pavment of taxes or rates is not to bie considered as either an excuse or a disqualification for the office of mayor or alderman. 2."). The city council shall have i)ower to enquire into Council to de- T 1 . • ^1 ,. .1 -iv n ^1 tormineeliuibil- anci ueteruune on tlic eligil)iJity t)t persons returned, asity. elected to office, as mayor or aUlermen ; ai^d if they find a person returned who is in their "judgment not capable by law of being so elected, they sliall declare the office vacant, and direct a new election to take place. 01. Any mayor or alderman who shall accept any office Acceptance of or situation that would have rendered him inelijiiblc, shall become disqualified to act further as mayor or alderman. 63. Any niayor or alderman bankrupt, insolvent, or p'*"i"«i'fled if compounding by general deed of assignment with his credit- ors, shall become disqualified. GO. The non-payment of rates or taxes is not hereafter to f^^^-Pf y^*'^'{Jg°|' be considered as an excuse or a disqualification for the office of mayor, alderman, or ward assessor. III. — Elections of Mayor and Aldermen. 10. The elections of mayor and aldermen shall take place ximo of election annually, on the first day of October in the present and every future year. (1.) From and after the passing of this Act, in order to Q'^^H^^*'**'"" "^ qualify a person to vote at any election of mayor or alderman \'i & CITY OF HALIFAX. [part I. ill If residing out ofcitj. Qualiflod citizen to vote on pro- ducing tax re- ceipt. Section 14 of Acts of 18tJ4 re- pealed. Members of Union Engine Co., Axe Kire Go., and Union Protection Co., may Tote same as rate payers. •Sec. IG of Chap. 81, Acts of 18(54, repealed. A i&\ li nenibers ot fingine, Uni- on Protection, and Axe Fire Co.mpanies. he must be a natural born or naturalized male riubject of Her Majesty, of the full age of twenty-one years, not attainted of treason or felony, and must have resided in the City of Hali- fax for at least one year next previous to such election, and shall have been .assessed therein for poor and city rates or for poll tax for the support of public schools, for the year ending on the thirty-first day of December next preceding the elec- tion, and paid the same ; but no payment of rates or poll tax after the thirtieth day of April next preceding such election shall qualify any person to vote. C 23, 1871. 12.» Any person having a shop, store, or office, in the city, and conducting a business therein, on his own account, solely or as a recognized partner in business for three years next previous to any election, shall, although his residence be out of the city, be deemed to dwell in the ward in which he conducts his business, and being otherwise qualified, shall have the right of voting therein ; but it shall not be necessary that the jjcrson voting shall have occupied the same shop, store, or office in the same ward only, during such period of three years. 13. Any citizen duly qualified to vote, shall, on producing his receipt for the payment of poll tax and city rates, i^ any, for the next year preceding the election, (as hereinbefore pro- vided) be entitled to vote for mayor or alderman in the ward in which he resides, or carries on his business, or has pro- perty on which such rates have been paid ; but nothing herein contained- shall enable any person to vote in more than one ward at any civic elections. (1.) Seciion fourteen of Chapter Eighty-one, of the Acts of 1804, is hereby repealed, and the following section shall be substituted : Every member of the Union Engine Company, Axe Fire Company, and Union Protection Company, not assessed as liable to city rates, shall have the same privileges of voting at city elections as rate payers, upon producing a certificate from the City Treasurer, as is hereinafter required : provided that the members of the Union Engine Company hereby entitled to vote, do not exceed one hundred and fifty in number. (3.) Section sixteen of said chapter is hereby repealed, and the following shall be substituted in its stead : On or before the first day of June next, and on or before the first day of March, in each succeeding year, an alpha- betical list of all members of the Union Engine Company, Axe Fire Company, and Union Protection Company, with the number of the ward in which each member resides, set opposite his name, shall be prepared and signed by the 1^ Dy in at tliil .RT I. PHer ted of Hali- I, and or for nu'cing c eloo- oll tax lection in tho ;count» ; years sidence 1 which II, shall iccssary e shop, niod of educing if any, 'ore pro- hc ward ms pro- (T herein lum one the Acts siiall be xc Fire essed as v'o*^iiigat ate from ded that entitled l)er. cpealed, H' before n alpha- ompany, iny, '^ith ides, set d by the r the passing of this Act, members of Honorary mem- 1 £» xi TT • T> <-„„ hers of Union )pany, members ot the Union 1 rotcc- Engine compa- TITLE II.] ELECTIONS OF MAYOR AND ALDERMEN. Captains, Presidents, or superior officers of such companies, and countersigned by the Secretaries or Clerks thereof : and such secretaries or clerks shall verify by affidavit such lists as being correct, and shall on or before the said first day of March, hand the lists so verified into the office of the City Treasurer. C\ 44, 1866. (1.) F''om and after the Union Engine Company. tion Company, and members of the Union Axe Company, '^^-ytti^^lu^t who shall have served out a full term of service in any of ^^R^^t civic oiec- such companies, and whose names shall have been returned, on the lists handed in to the City Treasury from such com- ])anies on the first day of March in any year as now provided for by law, as honorary members of any of such companies, shall be entitled to the privilege of voting at civic elections duvii g the year beginning on such first day of March, in the same manner as active members of such companies. C 39, 1875. 17. The City Treasurer, upon application, shall give a CerHficate from certificate to any member of such companies, whose name is contained and set down in sucii lists, stating that the name is contained and stands upon the lists so returned into the Treasurer's office. 18. 'No member of such companies shall be entitled to Members mnst vote at any city elections, unless he has been enrolled in the months. comj)any for six months previously to the return of the lists, and unless his name is contained in such lists as an effective member. 20. On or before the first day of June in each year here- List of rate pay- after, the City Treasurer shall cause to be prepared an alpha-*'"" betical list or register, of all the rate payers and payers of poll taxes within the City of Halifax, and of the names of such members of the different companies which shall have been returned into his office, who are exempt from poll taxes, and op[)osite to each rate payer's and pull tax payer's name on the said list or register, the wards for which he is assessed and rated to pay his rates and taxes shall be stated and set down ; and a notice of such list shall be then published in order that electors legally qualified to vote, whose names may have Leen omitted, may have the same added to the said lists. 21. The City Treasurer shall cause to be prepared six i.ista to be used copies of the said lists or register, each copy to be certified ''*'^'*^'^"°"- by him, to be used and referred to by the presiding aldermen in the several wards at the elections of mayor and aldermen at any elections for said officers ; and after the passing of this Act, no citizen or rate payer or payer of poll taxes, or 8 CITY OF HALIFAX. [part I. i III Proviso. Time of flec- tions. RoceiptB to bo producL'd. Modo of con- ducting ek'C- tious. rrosidinpr Al- dermen and hi' spectors— Ap- pointment of. Duties. Poll Clerk. Notice of elec- tion. Record to be kept. member of any companies, shall be allowed to vote, nor shall his vote be accepted by the presiding officer at any such election ; unless the name of such citizen or elector shall appear upon the said list or register, certified for the use of the several wards : provided always that nothing in this section contained shall exempt voters from presenting to and filing with the presiding oflScers, their tax receipts and cer- tificates as hereinbefore directed. 26. On the first day of October next and thereafter on the same day annually, the mayor and the senior alderman of each ward shall go out of office ; and the citizens shall assemble and give their votes in the several wards in which thev are qualified to vote, for a mayor and for an alderman in each ward. 27. The evidence of payment of rates by a voter shall be the receipt signed by the City Treasurer, or by his agent appointed with the consent or recognition of the city council ; which receipts shall be produced at the time of voting, and lodged with the presiding officer. 28. The elections shall be conducted in each ward before one alderman presiding and two or n>ore inspectors : such inspectors shall be qualified as voters and resident in the ward : and shall be each sworn before the mavor to the faith- ful discharge of his duties. 29. Before any election, the city council shall appoint the alderman to preside thereat ; and three or more inspectors for each ward shall annually be appointed by the council twenty days before the general election, who shall be also inspectors of all special elections held in the ward for the ensuing year : any two inspectors may act : vacancies in the office of inspect- or by death, inability or refusal ehall be filled up by the council. 30. The aldermen and inspectors fchall receive, sort, count and declare, all the votes given in the ward. 31. The poll clerk shall be appointed by the alderman presiding, and shall be sworn by the alderman presiding to the faithful performance of his duties. 32. Ten days before any election, notice shall be given by the mayor, of the place or places where it is to be held, the day and hour of beginning, and the name of the alderman who is to preside at each ward : this notice shall be published in at least three of the city newspapers and by hand bills. 33. The poll clerk shall make a fair and true record of the election, and keep an exact journal of all votes and trans- actions, entering each voter's name and any other fact the presiding officer requires him to note down. M sh 1 bii % ^»ii 1 ofi m the we ])ul tlie o\'I uVl ^li^^ .--s* ART I. TITLE II.] ELECTIONS OF MAYOR AND ALDERMEN. 9 e, nor y such r shall use of in this to and .nd cer- :r on the •ninn of ssoniljle they are in each shall be is aj^cnt counci mg, 1; and ■d before rs : such it in the the faith- )point the ectors for il twenty nspectors ing year : f inspect- by the ort, count alderman esiding to given by held, the alderman published d bills. record of and trans- •r ftxct the i I. 34. Candidates shall bj nominated, at the oj)ening of the ^'o"''"*""" j)()ll, or at or before ten of the clock in the morning, and not after tliat liour, by citizens duly qualified to vote. vVll votes given for any person who has not been so nominated, shall be considered as tin-own away. The citizen nominating a candidate must lodge his tax receipt, or certificate in lieu thereof, with the presiding officer. of). The votes shall be given by the citizens at the elec- VotM-uow tions by ballot; the ballot shall be a paper ticket, which shall '^'^*'"* contain in writing or printing, or partly writt(Mi and partly j)rinted, the name of the })crson or persons for whom the elector intends to vote, designating on the back the ofKee which the person named inside is intended to fill ; each voter shall • shall give to an}' voter any ballot to vote with, or offi^r to give him any advice as to the person for whom he should vote, or otherwise interfere with the voter in the exercise of his fr.in- . iiise. Any such alderman, poll clerk, inspector, or officer, I'enaity. oflendiiig against this section, shall forfeit for every offi^ice, a sum not exceeding twenty dollars, to be recovered by any ])crson in the City Court, or imposed as a fine in the Police Court, upon complaint and proof by any person present at such election. 39. On opening the boxes, if it is found that the ballots tf 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 ])ublicly as many of them without looking at them as equals the excess, and destroy them at once. 40. At such elections the poll shall be opened at nine Time of opening o^cloek in the forenoon, and shall continue open till four"^"*'"^^*""*"" o'clock in the afternoon of the same day, unless sooner closed, ex- 10 CITY OF HATJFAX. [part I. i'( • V ; Casting vote. as hereinafter provided ; and the name of cacli elector votinnj at sucli election, siiall be written in poll litsts, to he kept at such election by the poll clerk ; and, immediately after the final close of the poll, all the votes <^iven in each ward, bein-^ sorted and counted, and ]mblicly declared by the presidin"^ 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 given in shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each j)erson respectively, and the presiding officer shall proceed publicly to declare the persons having the majority of votes in their favour to be duly elected, (except as to the office of mayor. ) 41. If there shall be at the final closing of the poll an equal number of votes polled for two or more persons, the presiding officer shall give a vote for one or other of the per- sons having such ecpiality of votes, in order to give a majority to one of them ; but nothing herein contained shall be con- strued to prevent the pi'csiding alderman from voting pre- viously to the close of the poll in the same manner as other citizens may vote ; and in case of his being entitled to vote in any ward other than that in which he ' shall be appointed to preside, he may give such vote by proxy, such proxy being in writing and signed, and having the receipt for vaxes of the alderman so voting l)y ))roxy, annexed thereto ; and the poll lists shall, by the officers holding the same, be delivered on or before the day next after the conclusion of such elections to the clerk of the city, to remain in his office. They shall be open for inspection to any elector on the payment of a fee of twenty cents. 42. The presiding officer may at any time give public notice that unless some voter shall come forward to poll within an hour, the poll will be closed ; and if no voter comes forward within the hour the poll shall then be finally closed. Pt'iiaitvforrefu- 43. An inspector refusing to act or declining or omitting toaet. 'to be sworn for five days after notice of his appointment, or who after his appointment and being sworn into office, shall not appear and be present at the opening of the poll, or who shall neglect or refuse to act, unless he have some valid excuse satisfactory to the council, shall forfeit and pay for such offence twenty dollars fine to the city, to be recovered at the police office before the stipendiary magistrate or officer pre- siding, and on conviction and non-payment, to be imprisoned in the city prison for thirty days. 44. Any person knowingly and wilfully voting at any election in the city, held under this law, when not entitled so to vote, and fully aware that he is acting illegally, any person Poll lists. Closing poll. Tonalty for vot^ ing illegally. for gem PART I. TITLE II.] ELECTIONS OF MAYOR AND ALDERMEN. 11 • voting kc[)t at ftcr the 1, being ros^iding the poll c whole 7 stated, and the and the persons elected, poll an sons, the the per- nmjority be con- ting pre- as other to vote in lointed to ►xy being xcs of the 1 the poll cred on or ictions to y shall be f a fee of ve public 1 to poll )ter conies ly closed, r omitting tnient, or ffiee, shall 11, or who did excuse for such red at the )fficer pre- mprisoned ng at any entitled so any person voting in a ward in which he is not entitled to vote, any per- son fraudidently putting in more than one ballot when voting, and any person who shall vote in more than one ward at s«iy such election, shall for every such offence forfeit and pay to the city a sum not less than eight dtdlars, nor more than forty dollars, to ht recovered in the police court before the stipen- diary magistrate or officer presiding, and in default of payment after conviction, siiall be committed to tiie city prison for a , term not less than thirty days, nor more than six months. 45. Every person desirous of voting at any election for Voters may bo mayor or alderman, shall, before his vote be entered on the poll lists, if required by the officer or person holding any such election, or by any person qualified to vote .it the same, make oath to the particulars of his qualification, and that he has not before voted at such election, which oath the officer or person holding such election is hereby directed to adminis- ter as follows : I Rate Payer's Oath. I I do swear that I have resided in the city for one year or "[ upwards now next preceding, unless temporarily absent, (or have carried on business in this city for three years previous to tiiis election, as the case may be,) and that I am of the ^ age of twenty-one years or upwards, and am a subject of our ' Lady the Queen ; and that in the assessment payable during • the year ending on the thirty-first day of December last, I was rated in this ward No. — for poor and city rates, and that I have paid the same in full ; and that I am now residing in ward No. — , and that I have not before voted at this election or any other election which is at this time being held, for any other ward than ward No. — ; and that I am the person named in the receipt of the City Treasurer now pro- * duced. So help me God. {Elector's Oath— Not Rate Payer's.) I do swear that I have resided in this city for one year or upwards now next preceding, unless temporarily absent, (or have carried on business in this city for three years previous to this election, «*• the case may he,) and that I am of the ago of twenty-one years or upwards, and am a subject of our ^: Lady the Queen ; that I have not before voted at this election ^ or any other election which is at this time being held, for any other ward ; that I am a member of the , and that I the certificate now produced, was given to me by and that I am the person named therein, and that the same is sgenume. 12 CITY OF HALIFAX. [part I. I'nnalty for fills, swearing. For altering ro- colpt. fl Return of can- didates. Election of Mayor. Result to be published. Powers of pro siding officers. Whenever a voter sliall he swoni, the j)oll clerk sl'all nmrk '* sworn" oppoHite his niune in tl»o list of voters in his poll book. 4(u If any person nlinll knowin^fly swear falsely as to any of the particulars of his ailegod (|iialifications as a voter, he shall he j::nilty of pcrjnry, and on conviction, he disfranchised as a citizen for life. 47. If any jicrson at an election for the purpose of giving a vote, shall knowingly <>r fi'audulentlv offer a f)rged or altei'cd receipt of the City Treasurer or Iiis dc[)uty, or a forged or altered certificate of being engine or axeman, or such a receipt or certificate belonging to another person, as his own, or shall vote falsely under the assumed name and character of any voter, he shall forfeit and pay to the city, not less than eight nor more than forty dollars, to be recovered in the name of the City of Halifax at the police oflice, before the stipen- diary magistrate or officer presiding, and in default of pay- ment, shall be imprisoned for not h^ss than one month nor more than six months ; and in every such case shall be inca- pable of voting or holding office in the city for seven years next after the offence. 48. The alderman presiding at every election shall, on or before the next day, make a return to the clerk of the city of the names of the persons having the majority of votes, and declared by him elected ; and when an election of mayor takes place, a return also of the names of the candidates, and of the niunber of votes given for each. The poll books and lists shall be delivered to the city clerk with the returns. 49. In an election of mayor, the council shall, in public, cause the returns to be read, the votes for each candidate sunnned up, and the person who has the greater number of votes in his favor, more than any other candidate, shall be declared to be the mayor, on the same day or the day follow- ing the election. In case of an equality of votes for mayor, the mayor or alderman presiding in council, shall, by his casting vote, decide which of the candidates shall be mayor. 50. The result of every election respectively of mayor and alderman, shall be published in the next Gazette after the election. 51. The presiding officer at every election, shall have full power to preserve peace, order and decency. All persons present are bound to obey him in so doing ; and he may com- mit any one offending in this rdspect. The offender shall be sent to the city prison for tvventy-fou».' hours, and shall also be guilty of a misdemeanor. TITLE ir.] VACANCIES. 13 IV. — Vacancies. 54. If tlic person elected nmyor, sfficc ofvnooucies. mayor or alderman, on a day fixed hy the mayor, or if it be a vacancy of mayor, by the presiding alderman, after at least four days notice, the voters shall elect a qualified person to fill the vacant office. 5G. The election for a vacancy shall be conducted in all Election, respects in the same manner as ordinary elections under this law. o7. All ofllicers of the city who shall j;o out of office shall officers may be be capable of in)mediatc re-election, if then qualified as re- quired by law : provided that no person shall fill the office of mayor for ujore than three vears, until at least one vcar after the termination of his last occujjancy. 58. If at any election of alderman, any person shall be AUiormon elect- elected for more than one ward, he shall within three days^'iJ'^^,^'*'^'^*" after make his option, or on his default, the mayor shall determine for which ward he shall serve ; and another election shall be held in the vacant ward. 50. Any alderman may resign office at the expiration ofRfii»iK"ationot two years service, or at any time after two years service, upon giving one month's notice in writing to the mayor of his in- tention of so doing ; and the vacancy so occasioned, shall be filled up as other vacancies now are. 00. Any alderman may resign office on payment of eighty Ditto, dollars to the city, or by leave of the council, upon twelve of the members concurring in council in an open vote for that purpose. The resignation shall be in writing and signed. 02. Any mayor, alderman, or other officer, who shall Ditto, obtain an office or position which would exem})t him from serving in the city office he holds, may resign his city office by written declaration, delivered to the clerk of the city, without being bound to pay any fine or penalty. 04. Absence of the mayor from the city for more than Absence of one month, and of an alderman for more than three months, ermeu. °' shall vacate their offices ; unless in case of serious illness or special leave previously obtained from the council. 14 CITY OF UALtFAX. [part I. %1^'^to bc^iiw- ^''''' ^'^ special vacunciojj of office from doatli, loss of Ured. qualification, exemption, bankruptcy, insolvency, compound- in;; or absence, shall bt- ilcdured by resolution of the council before proceeding to fill up the vacancy. fll! Aldnrinen for V. — Pknaltiks for not Serving. nn. An alderman who shidl neglect duty for the apace of one month, unless excused by the council, shall forfeit and Mayor Alncrnian. ])."iy the sum of ten dollars to the City of Halifax for such neglect, to be recovered in the city court. 07. Every person duly (jualificd who shall be appointed or Wurd Art»t!i8or. elected to the office of mayor, alderman, inspector of elections, Auditor. ,. , 1 II I ii» I' r ' ■% insiKMjtor. auditor or ward assessor, shall accej)t tlie ofhce, or lorteit and piiy to the treasurer of the city, to and for the use of the city, a fill'.', as follows, that is to say : for the noii-acce|)tancc of the office of mayor, a fine of one hundred dollars ; for the non-acceptance of the office of alderman, one hundred dollars \ and for the non-acceptance of the office of wurd assessor, a fine of forty dollars ; and for the non-acceptance of the office of auditor, a fine of twenty dollars ; and for the non-accept- ance of the office of inspector of elections, a fine of twenty I dollars. Mnetlng". Moetinfro— how regulated, etc. Special meet» ings. VI. — Meetings of City Council. 102. There shall be in every year four quarterly meetings of the council, held on such days as provided by bye-law. 103. In all meetings of the city council, a majority of the members present at such meetings shall determine all questions and matters submitted or under consideration ; provided that the number at the said meetings be not less than ten besides the mayor or chairman. The mayor if present shall preside, and in case of his absence such alderman as the members assembled shall choose to be chairman during such absence ; and in case of an equality of votes, the mayor or chairman presiding shall have a casting vote. 104. It shall be lawful for the mayor to call a special meeting of the council when and as often as he may deem proper, giving at least one day's notice. In case the mayor should refuse after a requisition for that purpose, signed by five or more members, the requisitionists may call the meet- ing, giving at least two day*8 notice. The notice shall specify the business for which the proposed meeting is held, and shall be signed by the members. In all cases of special meetings, a summons to attend the council specifying the business to be transacted, and signed by the City Clerk or assistant, shall be b. til PART I. I088 of iipouiul- ' 3 council TITLE II.] PROVISIONS RESPECTING OFFICERS. 15 apace of fif'oit iuul for 8ucl» Dointcdof clcctionei, orfcit and ISC of the icccptancc 8 ; for the ;(1 dollars *, isscasor, a * the office on-acccpt- of twenty y meetings ye-law. in-ity of the 11 questions ovided that ten besidea all preside, e members li absence ; r chairman 1 a special may deem the mayor , signed by 1 the meet- shall specify d, and shall al meetings, isineaa to be ant, shall be l(!ft at th(; u-Mual abode or place of business of every nicnd)er ot tlH> ('ouncil. lOr). The niintitcrt of the procrcdhif^s of all nirctings of Miniuo«toi«» th(! council fhall he drawn up and liiirly cutcred in a book to ^^ ' be kept for that pur[)o8c, hIihII be wigned by the mayor or the alderman prej^iding at siu^h meeting, and .shall be o\m\ to the inspection of all persons rpialified t(. vote at the election of mayor or ahh.'rman, on payment of a fee of twenty cents. The meeting shall be held in public. VII. — General Provisions respecting Officers AITOINTED HY THE CiTV CoUNCIL. (!8. The il'^ction to any office shall be presumptive evi-KlecUmi to be dence of (pialifieatiop on the part of the person elected, iniles8|.via"lK.oor?,,,tt. he make oath before the mayor that he is not possessed of tlie """""""• *''*'• (|iia]ification i'ov the office, rerpured by this Act, in eomc par- ticular to be stated in such oath ; and every person so elected siiall accept such office, by taking the oath of allegiance and oath of office, within five days after the notice of his election, unlcrs good excuse for delay in taking ^uch oath be given to the satisfaction of the city council, or shall be liable to pay the fine for his non-acce[)tance of such office ; and such office shall tiiereupon be deemed to be vacant, and shall be filled up bv a new election. 70. The city council may impose u fine not exceeding pitip for Fire- twenty dollars on any fircward, or person appointed by the ^ "[p^j'tiJ'^^fy^ board of health, or any other otKcer nominated or elected by the city council, upon whom no specific fine is by law impos- , ed, who shall neglect or refuse to qualify himself for the same, or refuse the duties of such office agreeably to this Act — such fine to be recovered at the police office before the Stipendiary ^Magistrate or officer presiding, and in default of paymentof said line, to be imprisoned in the city prison for not more than thirty days; provided always that no such officer shall be obliged rrotleo. to serve continuously wore than one year in the same office, or shall be liable to any fine for not serving in the same office, for a period of five years after he has served or paid such fine. 71. No person disabled by sickness, lunacy, or imbecility Exempttoug of mind, shall be liable to such fine for non-acceptance of*^"^**™ "*^* city offices. Every person so elected who shall be above the age of sixty-five years, or shall already have served such office, or paid the fine for not accepting such office within five years preoeding, or who shall have served for two years as a member of the city council ; also every person who shall be a member of the Legislature of this Province, or who shall be a 16 Klc'ction of oWiciTs. li CITY OF HALIFAX. [ PART I. member of tlic executive council, or of the legislative coun- cil, cither in this or any other of Ilcr Majesty's provinces, if such exemption be claimed within five days after notice of his election, shall be excmj)ted from office ; military, naval, or marine officers and soldiers, sailors or marines, in full pay ; tlic Pi'ovincial Secretary, the Commissioner of Crown Lands, the commissioner of railways and em[)loyces ; the adjutant general of militia ; the clerks in the public offices of the province or of the army, navy, or war departments ; the ope- rators and messengers of the telegraph office ; the Postmaster General ; the Postmaster of Halifax, and the Post Office clerks, and letter carriers; the sheriff and deputy sheriff; the coroners ; the clerks and officers of the executive council, legislative council and house of representatives, and all school masters, shall bo excused from serving in any city office, and not subject to fine for declining the same. 7^^. On the fifteenth day of October in every year, the city council shall elect by open voting the following officers : — A ]\ccorder, a City Treasurer, a City Clerk, an Assistant City Clerk, a City ^Marshal, a City Clerk of License, who shall act as collector of city rents, and surveyor of city pro- perty, and who shall also act as supervisor of the inspector of weights and measures. A city architect. One or more city coroners. One keeper of the city court house and building. A clerk of streets. Two inspectors of weights and measures, who sluu'. be under the direction and control of the city clerk of licenses, and who shall obey his instructions in all matters appertaining to the duties of their offices. Weighers of flour and meal. One or more superintendents of streets. Firewards and fire constables. jNIcasurers or weighers of wood and coaL Measurers of salt and grain. Eiijht or more oaujjjers offish oil. Two or more fence viewers. One or more poimd keepers. One keeper of markets and public squares. One keeper of the city clock ; and any other officers the city may deem requisite to the due performance and carrying on the business of the city and the execution of the laws and the preservation of order. All officers whom the city council has power to appoint, may be elected and appointed on the fifteenth day of October M ■■te [fart i. TITLE II.] PROVISIONS RESPECTING OFFICERS. 17 ve coun- vinccs, if ticc of his naval, or full pay; ,'11 Lands, ! adjutant C3 of the ; the ope- *ost master ost Office her iff ; the e council, 1 all school office, and ir, the city [cers : — Assistant cense, who f city pro- nspcctor of 10 shal' be )f licenses, ^pertaining officers the id carryinji le laws and to appoint, of October in any year, or at any subsequent meeting or meetings of the city council as they may deem expedient. (2.) On the fifteenth day of October in every yc r, the Election of city ... 1 11 1 • ^ f 1 I j.\ lnsi)t>efiir of As- city council shall elect one inspector or assessment tor the Kossni.nt, and city, and three or more assessors for each ward of the city. Ward Assesiors C. 30, 1874. 74. If the city council shall not complete the election of M«y adjourn, officers on the day appointed, they may do so at any adjourned or special meeting afterwards. 75. No j>erson elected or appointed to fill any office, shall yJ'r^iJI"^^ ^^^ "^ be excused on the ground of ill-health or physical inability to discharge the duties thereof, unless he shall establish the facts on which he relies to be excused, by an affidavit in writing, to be sworn to before the mayor or an alderman, and delivered to the city clerk or his assistant. 70. The city council shall prescribe the duties of all Duties, officers of the city by bye-laws, wherever the law has not ex- pressly appointed and prescribed their functions. 77. All officers of the city, shall give security, by bonds Security, with good sureties or otherwise, as the council shall direct and approve, and it shall be the duty of the council to de- mand such securities from every officer who collects or re- ceives moneys for the city, or has the special custody of pro- perty or funds of the city. 78. All bonds and securities taken in the name of the Form of bonds city or for its security, shall, before being laid before the council for approval, be submitted to the recorder, in order that he may certify that he is satisfied with the form in which they arc drawn, and also of the regularity of the execution. 70. Every officer of the city, although appointed or elected Duration of for one year, or other term certain, shall continue in office and be in every respect considered as such officer until ' emoved either by an express vote of removal passed by the city council, or by the election or appointment of a successor, and until such successor shall be sworn into office and have given bonds therefor to the satisfaction of the city council ; and the bonds of any city officer, though given for one year only, shall be in force to make the party and his sureties liable for all acts, receipts, and omissions of duty which may occur in the interval until the new officer is sworn in and his bonds are approved by the Council, and a copy of this clause shall be endorsed on or attached to every such bond. 80. The council may, at any time, appoint such additional Additional offi- officers of any kind as they may deem necessary or expedient to carry out the powers vested in the city corporation by law, and may remove any such officers ft pleasure, and appoint others in their places. 18 CITY OF HALIFAX. [part I. i!^ (Salaries. C. 8, 1878, S. 12. Ilef^ulatlons as to otlicers carry" iiig on other busiuesa. IVtialty for per- sons clisqualifi- ed accepting onice. Penalty for city officers refusing duty. Salaries of cer- tain officers paid in Canada ourrency. Fine for officers refusing duty. 81. The annual salary of the mayor shall be one thousand dollars ; of the recorder, one thousand two hundred dollars, in full of all services which he may be required to render ; of the city treasurer two thousand four hundred dollars, out of which he shall pay a clerk, for whom he shall be responsi- ble. The yearly salaries, compensations, and allowances of all other officers of the city shall be such as the council of the city may from time to time settle and appoint. 82. Whenever the city council think it necessary that any of the officers of the city shall be restricted from being en- gaged in business of any kind which they conceive incompat- ible with the efficient and satisfactory performance of his duties of office, they shall have power, whether by bye -laws or resolution, to impose conditions to prevent the engagement or connection of their officers with any business or occupa- tion they think objectionable, and to annex fines, suspension or forfeiture of office to any disobedience therein. 83. Any person not duly qualified and appointed who shall assume the duty or presume to exercise the functions of any city office, (or of any office the appointment to which is vested in the city council or the mayor,) shall pay a fine not exceeding forty dollars, with costs, to be recovered at the police office, before the Stipendiary Magistrate or officer presiding, or not paying the same, shall be committed to the city prison for a term not less than ten days nor over ninety days. Any officer who having been dismissed lawfully shall continue to act as if in office, shall be liable to the same fine to be recovered in like manner, and in default of payment to a like imprisonment. 508. The city council may impose a fine, not exceeding twenty dollars, on any fire-ward, fire-constable, or any officer nominated or elected by the city council, upon whom no spe- cific fine is by law imposed, who shall neglect or refuse the duties of such office, or shall refuse to qualify ; and fines so imposed may be recovered in the City Court, without appeal, at the suit of the city. (6.) The salaries of such of the officers of the City of Halifax, as arc fixed by statute shall hereafter be paid in Canada currency : The same sums of Canada currency to be paid as were formerly paid in the old cm-rency of this Pro- vince. C. 35, 1872. 385. The city council may impose a fine not exceeding twenty dollars, on any fire- ward or person g,ppointed to the board of health, or any other officer nominated or elected by the city council, upon whom, no specific fine is by law imposed, who shall neglect or refuse the duties of such office, or shall refuse to qualify himself for the same agreeably to this Act, all th( I of '$ be * or III [part I. TITLE II.] POWERS AND DUTIES OF CITY COUNCIL. 19 thousand [ dollars, f » render; liars, out responsi- vvanccs of icil of the y that any being en- incompat- ice of his f bye -laws [igagement or occupa- suspcnsion •inted who unctions of which is a fine not red at the > or officer tted to the over ninety wfully shall e same fine payment to exceeding any officer lom no spe- refuse the md fines so lout appeal, the City of be paid in irrency to be of this Pro- )t exceeding nted to the r elected by law imposed, fice, or shall to this Act, the fine to be recovered at the police office before the Stipen- diary Magistrate or officer presiding; and if not paid, the party arrested and fined to be imprisoned in the city prison for not more han months; provided always that no such officer shall be obliged to serve more than one year in succes- sion, or shall be liable to any fines for not serving for a period of five years after he has so served or paid such fine. VIII. — Various Powers and Duties of City Council. 106. It shall be lawful for the council to appoint from its committees, members such and so many committees r.s they may see fit for the trancjetion of business and for the discharge of such duties (within the scope of their powers,) as may by the coun- cil be prescribed, but subject in all things to the approval, authority and control of the council. 109. It shall be the duty of the mayor to cause all matters Duties of Mayor '^ recommended by any committee, and whereon their reports I have ijcen adopted and approved in city council, to be carried li into full effect. I 107. The city council at any meeting, when at least ten J^^^^^^'^'" members besides the mayor or chairman shall be present, may from time to time make, alter, amend or repeal any bye-laws or ordinances, for the good rule, peace, government and wel- fare of the city; and for carrying into effect more fully all powers, functions and offices vested in the mayor, council and corporation by law. 108. Fines not exceeding eighty dollars for one offence, Fines on breach and punishment in the jail or city prison for a term not" y^**"' ■ exceeding ninety days, may be annexed to the breach of any :" bye-law passed in accordance with this Chapter, or of any bye- law autl; orlzed by any present or future law of this province ; and all actions or prosecutions in which the city or anv of its . departments Is or are concerned, shall be commenced in the mame of the city. 110. No bye-laws of the city, whether passed under theBye-iaws to be authority given In this Chapter or that of any other laws of*^^'"''*"^' .the province, shall take effect until approved and confirmed ■ jiby the governor In council. 111. A copy of every bye-law shall be transmitted with Copy to be sent all convenient speed to the governor ; and it shall be lawful for ^ ^°''^''°°'"- the governor in council, within thirty days after the receipt ; of it, to disallow It : and such disallowance shall without delay be signified to the mayor. No bye-law shall have any force or effect until it be so transmitted and approved, or until ^ thirty days without disapproval, which shall amount to an approval and confiimation. V t'i jp i m ... 20 CITY OP HALIFAX. [part I. Lighting— how regulated. Dogs may be taxed. 409. The city council shall make bye-laws, orders and regulations for lighting the city ; and they may make any ne- cessary contracts on behalf of the city for that purpose. 507. The city council shall have power by their bye-laws to regulate the keeping of dogs Avithin \he city ; and, if they deem it expedient, to impose a tax, not to exceed one dollar per annum for each dog ; and to direct the destruction of any dog illegally kept. Bye-laws valid. 549. All bve-laws of the city which have been passed by the city council and approved by the Governor in Council, shall remain valid and be in force until replaced by others on the same subject, so far as they are not inconsistent Avith this Chapter or any other express law in force within this province. -ho'w Stored*** ^^^^- "^^^ ^^^-^ ^ouncil may, from time to time, alter the limits of any of the wards of the city, by an ordinance or by bye-law, sanctioned by the Governor in Council. An interval of five years shall always elapse between any such changes. In case of ab- 113. In case of absence of the mayor from the city, or his ayor. i^jc^pacity from sickness or other causes, or of a vacancy in that office, such one of the aldermen as the council may direct shall discharge all the duties of the office of mayor. 23. The city council may, by a resolution passsed by a majority of two-thirds of the council at any meeting, expel any member of the council who shall have been guilty of disgraceful or immoral conduct after he shall have been elect- ed to such office ; and a new election shall take place to fill the vacancy or vacancies so occasioned • but no motion to expel a member shall be made unless at least one week's notice thereof shall have been given to the council and party accused. Mayor and >•- 532. The Mayor and Aldermen while in office, shall be ot the Peace. Justiccs of the Pcace in and for the Cty of Halifax, and each of them, after taking the oath of jusUce of the peace, which the clerk of the city shall administer, shall have as full power and authority as if commissioned. 533. The city council alone shall have all the jurisdiction, authority and power, which before the passage of an act en- titled, '* An Act to Incorporate the Town of Halifax", in the fourth year of her present Majesty's reign, Anno Domini, 1841, could be legally exercised within the Town and penin- sula of Halifax by tlie court of sessions of the peace and grand jury for the County of Halifax, or by any special ses- sions ; and the city council shall also exclusively hold and exercise within the City of Halifax, all powers, jurisdiction and authority whatsoever, that by any act of the Province that may now or hereafter be in force, are or shall be con- Council may ex- pel members for bad conduct. Jurisdiction, t'tc, of City Council. [part I. rders and cc any nc- * pose. L' bye-laws d, if they )ne dollar ion of any passed by n Council, T others on stent with vithin this , alter the lance or by \xi interval changes, city, or his vacancy in L may direct >r. isssed by a pting, expel 'n guilty of been elect- ilace to fill motion to one week's 1 and party ce, shall be IX, and each eace, which s full power urisdiction, an act en- fax", in the 10 Domini i and penin- ; peace and special ses- ly hold and jurisdiction le Province lall be con- TITLE II.] POWERS AND DUTIES OF CITY COUNCIL. 21 1 ferrcd upon the sessions of the peace, general or special, with or without the grand juries, in other counties of the Province generally. Whatever power, jurisdiction or. authority is or may be conferred by any present or future law of the Pro- vince upon one justice of tlu' peace, or upon two or more justices, shall, within the city, be held and exercised by the mayor or any one or more of the aldermen, if one justice be named, and by any two of them when two are required. 534. The city council shall appoint annually within the Appointment of city all township and other officers, who were formerly nomi- ° *^*^"" nated by the grand jury and appointed by the sessions, so long as the laws respectively, under which such officers acted, remain in force, or are substantially re-enacted ; the officers apjiointcd shall exercise their functions within the city only. 535. The city council may by bye-laws regulate the fees Compensation, and compensation they are to receive, and may, if they see**'"* cause, omit or suspend the appointment of any of those officers. 53G. Officers whose power and authority arc transferred fo^e'-s trans- to the City of Halifax, or to any of the several officers to be appointed thereunder, shall not, so long as this Act shall continue and be in force, exercise any of the powers and au- thorities heretofore by law granted to or inherent in them, which are by this Act transferred and granted to the city council or the officers of the city. Justices of the peace for the County of Halifax may not within the city hold or exer- cise any of the powers hereby transferred to the city autho- rities, but may still exercise therein any special authority not 80 transferred. 537. Nothing herein contained shall repeal or vacate the Court of bcs- jurisdiction or sittings of the court of quarter sessions for the affected!*^' "°^ County of Halifax, or their special sessions, or of the grand jury in matters of a criminal nature, or lessen their authority in other matters, regarding other parts of the County of Halifax, and not affecting the City of Halifax and its inhabitants. 551. The members of the city council and two super- 5?emtflts of f . , ^ 1 • , 1 1 .1 .1 , ,r , Council, etc, ex- s 01 Streets, to be appointed by the council, shall be empt from serv- visors exempt from serving on any jury within the city. ingonjuncB. 22 CITY OF HALIFAX. [part I. TITLE III. LAW, POLICE AND PUNISHMENTS. I. — Recorder. Qualification. Duties. J'o be approved and sworn. lOL The Recorder shall be a barrister of the Supreme Court of Nova Scotia, of at least five years standing. It shall be his duty to aiford legal advice and assistance to the mayor and council of the city in the performance of their respective offices, and when requisite, in the business of the police court ; to attend all meetings of the city council when required, and to take the charge and management of all legal business con- nected with the affairs of the city, to draft or revise all legal documents required by the city, and to act as counsel and attorney for the city in any suits in the provincial courts to which the corporation is a party. Before entering upon office he shall be approved of by the governor and sworn before the governor or chief justice, or any judge of the Supreme Court, to the faithful discharge of his duties. II. — Stipendiary Magistrate. Governor in Council may appoint. Shall hold office (luring good behavior. alary. Shall fill no other office. Absence or illness. (1 .) Immediately after the passing of this Act the Gover- nor in Council shall appoint a fit and competent person, who shall be a barrister of not less than five years standing, to act as Stipendiary Magistrate for the City of Halifax, and to sit in the city court. (2.) Such Stipendiary Magistrate shall hold office during good behavior, and be removeable in the same manner as a judge of the Supreme Court, and be sworn into office to the faithful discharge of his duties before the governor, chief justice, or any judge of the Supreme Court. (6.) The salary of the said magistrate shall be two thou- sand dollars ^jer annum, in full of all services, to be paid out of the funds of the City of Halifax ; which salary the city council shall include in the general assessment of the city. (T.) The person Avho shall be appointed Stipendiary Ma- gistrate for the city shall not fill any other office or follow his professional pursuits. (8.) In case of illness or absence on leave, which absence the Governor in Council is alone authorized to allow, the duties of Stipendiary Magistrate shall be performed by some competent person, to be commissioned by the Governor in Council during such illness or absence of such Stipendiary V 4 5- 1^ ^H^ ^ [part I. TITLE III.] STIPENDIARY MAGISTRATE. 23 ITS. ; Supreme -. It shall the mayor respective )lice court ; [ulred, and sincss cou- se all legal :ounsel and 1 courts to ; upon office \ before the erne Court, the Govcr- )erson, who iding, to act , and to sit >ffice during lanner as a office to the ernor, chief le two thou- ) be paid out iry the city the city. ;ndiary Ma- or follow his lich absence ) allow, the led by some Grovernor in Stipendiary Magistrate, who shall have the same power and authority as such Stipendiary Magistrate has under this Act. 0. 82, 1867. (2.) Durinjj the illness or temporary absence of the Sti- stipendiary Ma- f !.»• 1 • ^ 1 .i 4^/* !• Kistrate may ap- pendiary Magistrate he may appoint a deputy to act lor him, point subatUute and such deputy shall have and exercise all the powers andor'nfJiessf'sub. functions of his principal during such illness or temporary |jJF*J°^!Jj!;{J^°Yn absence. It shall be necessary for the Stipendiary Magistrate t;o"ncii. before thus temporarily delegating his judicial duties to other parties, to place before the Lieutenant Governor, for his con- currence, the names of any three properly qualified persons to perform such duties ; and no person shall be permitted to act who has not received the approval of the Lieutenant Governor in Council. C. 25, 18()9. (2.) After the passing of this Act the Stipendiary Magis- stipendiary to trate, created by the Act hereby amended, shall sit every day fu-'icti'^ms'forni- (Sunday and holidays excepted) for such time as may be re- by^j^ayor^nd quisite, and shall perform all the duties and functions which ^j^Jj*'^™*-'" i"^^' had been performed before the seventh day of May, A. D., 1867, by the Mayor and Aldermen in the administration of the Police Court within the City of Halifax ; and conduct the business of the City Court, executing all the duties of that court, as performed by the Mayor, Aldermen and Re- corder, before such seventh day of May ; and the city clerk or the assistant city clerk shall act as clerk of the police and city courts. (3.) Such Stipendiary Magistrate shall perform every act stipendiary to pertaining to the office of justice of the peace, necessary for Functions* of J. the apprehension, conviction, committal and punishment of J^'attera?''™*"** criminal offenders within the city limits, and for carrying into effect the laws, ordinances and bye-laws of the city ; and shall have power over all offences set forth in the Acts of 1865, relating to the trial of offenders, in a summary way, at the police court, or in any other act now in existence or here- after to be made relative to police court business. The duties in and appertaining to the City Court, which had been execut- ed by the recorder before the said seventh day of May, A.D., 1867, shall hereafter be performed by the officer appointed ■under the Act hereby amended. (4.) The city marshal and the police force of the City ofst*i"end?a?''^a. Hulifax and all constables shall obey all orders of the Stipen- gisTrate!"^ diary Magistrate, given by him for the due execution of the duties connected with his office. C. 37, 1870. (11.) The Stipendiary Magistrate, of the City of Halifax, Certain powers _v„ii V J . •' . 1 9 ,. , •' 'vested in Sti- snaii nave and exercise within such city the same powers pendiary Magis- under the Chapter of the Revised Statutes, " Of Tenancies *"*^' and of Forcible Entry and Detainer," as are by such chapter conferred upon two justices. C. 8, 1873. 24 CITY OF HALIFAX. [part I. III. — City Civil Court. Jurisdiction. 115. The City Court shall have cognizance, power, and jurisdiction to try and determine in a summary way without a jury, all civil actions on contracts, in which the whole cause of action or dealing shall have arisen within the City of Hali- fax, in which the cause of action does not exceed eighty dollars, and for all balances not exceeding eighty dollars upon accounts stated and settled previous to suit ; and all such civil contracts, where the amount originally due has been reduced to eighty dollars or less, by payments of cash ; and when the defendant shall prove an offset of greater amount than the plaintiff has proved, may give judgment in favor of the defendant for the balance due him ; and shall also have cog- nizance, power, and jurisdiction, to try and determine in a summary way without a jury, all actions ex delicto^ including actions in the nature of trover, detinue, replevin, assault and battery, slander in word or writing, trespass to lands or build- ings, or other real estate, in Avhich the title or right of posses- sion is not the object of controversy ; provided the causes of such actions originate Avithin the City, and the damages claim- ed in any such cases do not exceed forty dollars. Suits under $80 (1.) Suits for debts or dealings, when the whole amount detdt. does not claimed is less than eighty dollars, and either plaintiff or de- — howtricd!^ fendant does not reside within the City of Halifax, may be sued, defended or tried in any court having jurisdiction. C. 47, 18(36. Evidence »im (3.) The City Court shall try every cause that is contest- esse. ed upon the examniation, viva voce, or by the evidence and depositions of witnesses about to leave the city, aged, infirm or otherwise unable to attend the court, examined and taken, de bene esse, before either the Mayor, the Recorder, (the Stipendiary Magistrate), or any alderman of the City of Halifax. how°taken^~ C"^") ^^ ^^^^^ causcs, depositions of witnesses who are about to leave the city, or who are aged, infirm or otherwise unable to attend the court, may be taken before the Mayor, the Recorder, (the Stipendiary Magistrate,") or any one of the aldermen of the city, on twenty-four hours notice being given to the adverse party ; and any party, upon shewing cause by affidavit, may obtain from the mayor, recorder, (stipendiary magistrate) or an alderman, an order in such terms as the officer shall think fit, to compel an unwilling witness in such cases to give evidence before the mayor, the recorder, (the mtry. ' 'stipendiary magistrate) or alderman. All causes shall be de- cided summarily and without unnecessary delay. G. 87, 186a. [part I. TITLE III.] CITY CIVIL COURT. 25 n owcr, and \y without hole cause ty of Huli- jcd eighty )nars upon 1 such civil }n reduced I when the t than the ,^or of the have cog- •mine in a , including issault and Is or build- t of posses- 3 causes of ages claim- lie amount itiff or de- ix, may be urisdiction. is contest- idence and gcd, infirm and taken, arder, (the le City of who are otherwise ;he Mayor, one of the jeing given g cause by stipendiary rms as the ss in such order, (the hall be de- . 87, 1865. ■i. Gaoler's foes. Authority over Harbor, etc. 4 (I.) All suits brought in the City Court, in which the Recorder to try „ . ,. IT • ^ 1^ • J* ^•n 1 r r causes wliero vStipcncliary Magistrate is aisqualinecl irom any cause irom stip. Mm. u acting as judge, shall be tried before the Recorder of the City '"'"i"""*^''*- of Halifax, who, for that purpose, is hereby clothed with all the powers and jurisdiction of the Stipendiary Magistrate when acting in the capacity of Judge of the City Court. O. 26, 1869. 117. Confession in writing or verbally given in open court confossiona. may be recorded by the clerk and judgment given thereon. 118. The issuing of a capias shall be in the discretion ofcapiaa. (the Stipendiary Magistrate), the Mayor or an alderman ; and no capias shall issue unless the party applying make affidavit that he has good grounds for believing and verily believes that the defendant is leaving the city, and that unless a capias is granted, the debt may be lost. 119. No fees shall be demanded or received by the gaoler or his subordinates Tor any prisoner upon process or execution from the city court, or from any prisoner committed by the City Court (or Stipendiary Magistrate), Mayor, alderman, in any criminal case or breach of law. 120. The authority of the city officers and jurisdiction of the City Court shall extend unto and over all acts, matters and things, civil or criminal, done upon the Harbor of Halifax, and South-East Passage, and the North- West Arm, and over that portion of Bedford Basin situated from Three Mile House to the Narrows, extending five hundred feet into the Avater from low-water mark, and the wharves, slips, docks and land- ino's, therein ; provided such acts, matters and things, if done within the limits of the city, would be within the authority and jurisdiction of any of the officers or courts of the city, and the process, civil and criminal, which any court or any officer of the city may have the power to issue or execute, shall and may be executed upon the Harbor of Halifax, the South-East Passage, and the North- West Arm, and the portion of Bedford Basin above limited ; and for these purposes the Harbor of Halifax shall be considered as extending from Maugher's Beach to Ferguson's Cove, and across the Narrows at the entrance of Bedford Basin ; but not to include Mc- Nab'3 Island or Duggan's Island. 121. When any person has been heretofore or hereafter, shall be committed to gaol under any writ of execution or mesne process issued from the City Court, the court, ( or the Stipendiary Magistrate,^ or the Mayor and any alderman, or any two aldermen, shall and may extend to such person the benefit of any law that may be in force for relieving insolvent debtors from imprisonment. ProTiso. Relief of inaol- vent debtors. 26 CITY OF HALIFAX. I.' [part I. Forcible ontry and dutainer. %m Seamen's wages 122. In llkc manner the said court may decide cases of seamen's wages, where the sum claimed does not exceed eighty dollars to any one master, mate or seaman, provided the voyage for which the wages are claimed began or ended at the port of Halifax, or in case of any other kind of voyage, the owner of the ship, master or other party made defendant therein is a resident of the City of Halifax ; and in any such suit two or more plaintiffs may join, if their claims of wages arose on the same voyage in the same vessel. 123. The City Court shall also try and determine in a summary way without a jury, all cases of forcible entry and detainer, and over-holding lands, houses and tenements by the tenants, upon a summons at the suit of the landlord, and may award possession by writ, and also may adjudge any amount of rent not exceeding eighty dollars due to the land- lord ; such tenant having the power of appealing on giving sufficient security by bond or recogni/a ^cc, in such sum as the court may direct, or any judge thereof, if the appeal be taken after the court rises ; and such appeal shall be to the Supreme Court, if then sitting, or a judge thereof in cham- bers, and shall be made within two days after the trial. 125. The court on the application of either party, sup- ported by affidavit, if required by the court, shall grant appeals from their decision to the Supreme Court. 129. In case of an appeal, the appellant, or in his absence, his agent, before the appeal shall be allowed, shall make an affidavit in writing, that he is dissatisfied with the judgment, and feels aggrieved thereby, and that such appeal is not pros- ecuted solely for the purpose of delay, and shall file the same with the city clerk on the last day of the term in which the cause is tried ; and the party so appealing, or in his absence, his agent, shall within two days thereafter enter into a bond with two sureties, in a penalty double the amount of the judgment, with a condition that the appellant shall enter and prosecute his appeal in the Supreme Court, aiid shall perform the judgment of the said court, and shall pay the amount of the judgment and all costs of the Supreme Court, or shall before the first day of the term of such court, pay the amount of the judgment, together with all costs thereon subsequently accruing, which appeal bond shall be prepared by the city clerk. Appeals. Proceedings on appeal. va 'I I [part I. ic cases of lot exceed 1, provided I or ended of voyage, defendant n any such IS of wages rmnie in a J entry and icments by ndlord, and cljudge any ;o the land- ; on giving ich sum as 3 appeal be I be to the )f in cham- trial. party, sup- shall grant ■ his absence, II make an ; judgment, is not pros- ile the same which the lis absence, nto a bond )unt of the 1 enter and lall perform amount of ft, or shall the amount ibsequently 3y the city TITLE III.] CITY CIVIL COURT. 27 of AFFIDAVIT TO BE MADE BY THE TARTY ATPEALINO. In the City Court. ^ A. B., Plaintiff", Between > and ) C. D., Defendant. A. B., (the party making the appeal) of in the County the above named (plaintiff Or defendant, an the case may be, or if the party for whom the app(>al is made be absent, say " agent for the above named plaintiff" or defen- dant, as the case may be,) maketh oath and ^aith that he is rcully dissatisfied .with, and feels aggrieved by, the judgment given in this cause, and that he docs not appeal therefrom, solely for the purpose of delay, but that justice may be done therein. Sworn at the day of > 18 , before me, y J. K. To be signed by the party appealing, or, in his absence, the agent. Bond to be given on Appeal being made. Know .ill men by these presents, that we, A. B., C. D., and E. F., (name of the appellajit, if he be present, or, if absent, of the agent and the sureties, tvith their places of residence) are held and firmly bound to G. II., (the party against u'hom the appeal is allowed) in the sum of (double the amount of the judgment, debt and costs,) to be paid to the said G. H., his certain attorney, executors, administra- tors or assigns, for which payment we bind ourselves, and every of us by himself, our and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals and dated the day of 18 Whereas, a certain cause between the above bounden A. B., (if the party appellant be the j)rincipal in the bond, or if he be absent, then say between naming the appellatit,) and the above named G. H., in which the said (name the appellant) was (plaintiff or defendant, as the case may be) was tried before the City Coui-t on the — day of — and judgment was given in favor of the said G. H., for the sum of , debt and costs, and an appeal therein hath been de- manded on behalf of the said (name the party appealing.) Now, the condition of the above obligation is such that if the said (name the appellant,) at the next sitting or term of the Supreme Court for the County of Halifax, shall duly tr 28 CITY OF HALIFAX. [ PART I. LiaMlitv of Court 1/ no jur- igdiction. Forinof procc'gs No I'l'os taxablo in City Court iiiiloss caus(> of action over ten (loUors— iindo- fondt'd suits twenty dollars. Fees taxable by Stipendiary Ma- plstrate. IProvtoo. enter ami prosecute hia snid appeal, ami shall proceotl therein to final judgment, and shall abide by and fulfil the jud^finent of the said court, to bo jriven in such appeal, and pay the amount of the said judu^ment and all costs, or shall, previous to the first day of the sitting of such court, pay the full amount of judgment in such cause, together with all costs subsetpicntly accruing thereon, then the above obligation to bo void. Signed, scaled and delivered ) A. B. (seal) in presence of ) C. I), (seal) E. F. (seal) 126. In case of process or prococdinga occurring by mis- take or inadvertency, in any case where the city court has not jurisdiction, the members and officers shall not be liable to any diunages. 128. Tlic City Court shall in civil causes use as its process, writs of summons, replevin, capias, execution and sul)p(cna, and writs of restitution, issued by the clerk, under a stamp or seal, which the said court is hereby authorized to make and use, and in such forms as have been used or shall be estab- lished by the City Court, and directed to the city marshid. (1.) Hereafter no attorney's fees or counsel fees shall be allowed or taxed in the City Civil Court, of the City of Hali- fax, in any contested suit, unless the causi; of action shall be more than ten dollars, nor in any undefended suit where the cause of action shall not exceed twenty dollars. (2.) The following fees may be taxed by the Stipendiary Magistrate or other officer presiding in the City Civil Court in civil causes, that is to say ; attorney's fees in all contested suits where the cause of action is more than ten dollars, the same as are at present taxable in summary and sub-summary causes in the Supreme Court. In undefended suits where the cause of action is over twenty dollars, the attorney of the plaintiff, where the plaintiff appears by attorney and obtains judgment, may be allowed two dollars and thirty-five cents, to be taxed by such Stipendiary Magistrate or other presiding officer ; who may also allow and tax a counsel fee not to ex- ceed four dollars in any contested suit, where the cause of action is more than ten dollars and less than forty, and a counsel fee not to exceed six dollars in any contested suit where the cause of action is forty dollars or upwards. Pro- vided always that a defendant shall be at liberty to pay to the Clerk of the City Court, or pay or tender to the plaintiff or his attorney the amount of the debt sued for at any time be- fore the opening of the terra of the Court, at which such defendant is summoned to appear, without being liable for ^ 3 i [part I. ccd therein ; jiKl^iucnt 1(1 j)iiy the 1, previous ly the full li all costs jlij^iition to . (seal) . (seal) . (seal) in^ by niis- ourt has not 30 liable to I its process, [1 subptjona, ' a stamp or > make and II be cstab- marshitl. ees shall be ity of llali- ion shall be t where the Stipeniliary Civil Court ill contested dollars, the lb-summary ts v^here the rney of the and obtains five cents, ler presiding c not to ex- he cause of forty, and a n tested suit ards. Pro- pay to the plaintiff or ,ny time be- w^hich such g liable for TITLE III.] CITY CIVIL COURT. 2f) nny costs beyond the necessary court fees actually paid by or on behalf of the jjlaintiff ; provided the plaiutilf docs not succeed in obtaining final judgment for ii larger amount than the sum so paid or tendered. (.'{.) Ilereaiter the City Court shall bo held for the trial «f i'^J''^^y(!l„"i;',' civil causes on the second and fourth Wednesdays of every month ; and may sit by adjournment from day to day, until the list of causes ready for hearing is gone through. (4.) In the absence of the Stipendiary Magistrate or [jJf^i^.K,"";,,. Mavor, the City Clerk shall have power and authority to take ivrtuiu ainiia- I the affidavit of any person wh('reu[)on a capias or warrant is to i>e issued, and to subscribe the jurat thereto ; and the issuing of a capias shall be in his discretion. (').) The bail bond to be hereafter taken by the City "»'i bond. Marshal upon any capias issued out of the City Court, shall hav(! the obligation or bond in the usual form (from the de- fendant and two sureties), and the condition shall be in tho words or to the effect following : I " The condition of the foregoing obligation is such that if 4 the al)ovc bounden A. B. (the defendant), do appear in the MCity Court, at Halifax, on the Wednesday of , to 1^; answer to the suit of G. II. (the plaintiff,) and in case judg- * Ijment shall be obtained against the said A. B., if he shall leatisfy such judgment, or shall render himself or be rendered !,by the said C. D. and E. F., or one of them into the custody jsof the City Marshal of the City of Halifax, then the said /^'obligation shall be void, but otherwise shall remain in full w force and virtue." ' '^ ■% (G.) The City Court shall have the samei)ower of amend- Amendment of X ^ ^ -, {. , . ^1 o r^ , |>ri)CPcdinK8 in f mcnt of proceeumgs therem as the bupi*eme Court or any city court. Judge thereof has in causes in the SupVeme Court. C 8, 1873. (18.) The fees shall be taxed and allowed in the City city Court fees. Court as follows, viz : I Fees due to the City^ to be received by City Clerhy and paid over to the Treasurer of City. -~f On Summons 40 cents. ,| On Capias and Affidavit 70 cents. *^' On trial and judgment 1 dollar. Recognizance or Replevin Bond 40 cents. Subpoena 10 cents. Execution 20 centa. i li n ■ ?!,. 1 i j 1 i ■ ' T 1 30 CITY OF HALIFAX. [part I. Fees to the City Marshal. Serving summons, execution or capias, including travel 35 cents. On a discharge from arrest with or without bond. . 4u cents. On all moneys collected and paid over under execution, five per cent. C. 87, 1865. IV. — City Criminal Court. Citj'Co. ,Jur isihctiun of. (6.) The City Court shall have cognizance, power and jurisdiction to try and determine, in a summary way, without a jury, all criminal cases for offences, either at common law or by statute ; and all complaints of any breach of any bye- law or ordinance of the city, which shall be committed within the boundaries already specified, regarding the limits of city jurisdiction, and which are punishable by fine or imprison- ment, or both, and to sentence the offenders, upon conviction, to >„uch punishments as are by law imposed thereon : provided that it sh.all not be lawful for the City Cohrt, in any case whatever, to impose a fine exceeding one hundred dollars, or imprisonment beyond the term of six months ; except in tlic case of enticing soldiers or sailors to desert from Her Majes- ty's service, where a fine may be imposed not exceeding two hundred dollars, and imprisonment for twelve months ; nor shall any crime or misdemeanor, which is punishable by impri- sonment for a term not less than eighteen months, be heard and determined in the City Court. O. 87, 1865. 132. No offence shall be cognizable in the City Court at its criminal sittings, unless within six months after the same has occurred. Want of form. 137. '^^ conviction before the Stipendiary Magistrate or before the City Court, shall be quashed for want of form ; and no warrant of commitment shall be held void by reason of any defect therein, so as it be therein alleged that the porty has been convicted of some offence named therein. 139. In any case where the City Court or the Stipendiary Magistrate in the daily police court, think fit, they may impose the alternative of a fine or imprisonment. 141. In the City Court in criminal causes, the following fees shall be received by the City Cierk for the use of the city: For Affidavit 20 cents. For Warrant 50 cents. On service of process 25 cents. J.imitation of action. Majr fine or im prison. Fees. [part I. TITLE III.] CITY CRIMINAL COURT. 31 35 cents. 4u cents. 3ution, five power and ay, without iinnion law )f any l)ye- itted within (lits of city r imprison- conviction, ti : provided in any case dollars, or tcept in the Her Majes- eeding two lonths ; nor e by inipri- 18, be heard ty Court at er the same agistrate or it of form ; d by reason lat the party Stipendiary may impose le following use of the 20 cents. , . 50 cents. 25 cents. On a recognizance CO cents. I On judgment 20 cents. f Warrant of commitment 20 cents. % Subpoena 10 cents. 145. In case any person duly summoned to appear in ^^'^ ^'ro^cmUngs in City Court on any penal or criminal charge, ehall make de-pearance. fault in appearing, the court may cither issue a warrant for his or her arrest to answer thereto, or in their discretion may proceed ex j)C(rte ; and, on evidence on the part of the prose- ,i cution, commit, if they see sufficient reason ; provided no such if ex parte conviction shall take place in any case where the penalty adjudged shall exceed twenty dollars. 148. AV^itncsses in criminal and penal cases may be bound witnesses. j over by recognizance to attend in the City Court when re- I quired, and on refusal to recognize, may be committed by *§ the city court, or by the Mp.yor, (Stipendiary Magistrate) or 3 any alderman, until they are required to give evidence. (8.) AV^henever any barrister shall be directed by a Judge Pmspcutor on of the Supreme Court to attend to prosecute, on behalf ofcrown-hisfees. .■the Crown, the trial of any criminal cause in the City Court, fi^ court may tax and allow a counsel fee, not to exceed |fburtcen dollars, to be paid out of the Provincial Treasury, ]in the same manner as costs of criminal prosecutions in the j^upreme Court. !g (II") AVhere, upon a vivd voct examination of the com-rrisonermaybo .jjplaint in the presence of the person accused of any offence, it triiu on wm I shall appear to the Stipendiary Magistrate that a primd facielio-V'^''^'''" .1 case is made out, it shall not be necessary to take any written :| depositions, except where the prisoner is committed to take I his trial before the Supreme Court ; but he may thereupon be 4 connnittcd, without further examination, to take his trial at ^the then next ensuing sittings of the City Cou '. (12.) The City or Police Court, in the City*of IIalifiix,roiice court [. . iin.i sentence on [may sentence any mmor under tiie age of eighteen years, con- Minors, jvicted of any offence which either of the said courts have jpower to try, to such term of confinement in the City Juvenile iReformatory, or any other house of reformation to be here- fatter estaolished, or recognized and approved by such court, |not exceeding three years, as to the Stipendiary JMagistratc [trying the same, may seem proper ; but the court shall have the power to remit the eenrence, or any part thereof, on what ^ may subsequently appear to be a sufficient reason for such remission. (13.) An appeal to the Supreme Court shall be allowed Appeals. from the decision of such City Court in all cases, on a bond to respond the judgment on such appeal being entered into by 32 CITY OF HALIFAX. [part I. the appellant, with tA'O securities, who shall be sufficient in the opinion of the court ; said bond, in case of a penalty, to be in double the amount of the fine. V. 87, 1805. V. — General Provisions as to City Court. Practice. 131. The City Court shall make orders and regulations respecting the practice therein, and may prescribe and adopt forms of writs and proceedings for the due conducting the civil and criminal business of said court. omce hours. 147. The police office shall be open for the issue of pro- cess, civil and criminal, in the City Court, and for rcceivini: complaints in criminal cases generally, every week day, from ten, a. m., to three, p. m., (except the following holidays — Christmas Day, Good Fridsiy, the Queen's Birthday, the I7tli March, the 23rd April, the 21st June and 30th November) : but in the event of a cause at the police office having been entered upon, it shall be optional witli the court to finish tlio case before adjournment, notwiliistanding it may be necessary to sit after three o'clock. Witness fec3. \'i^. The City Court,, in all civil and criminal cases, where they deem it just, may tax costs of witnesses in their discretion, to be paid by the party losing, not to exceed fifty cents a day for attendance, or five cents a mile travel. VI. — Provisions Respecting the Police Court. Poiiop Court (^'^ "^'^^ Stipendiary Magistrate shall, in a summary Jurisdiction of. manner, hear and determine in the Police Court, all larcenies wjjere the value of the goods taken shall not exceed forty dollars, receiving of stolen goods, assaults, batteries, riots, petty trespasses, all breaches of the peace committed within the city, anfl riots or disturbances at city elections, and punish r.iDis'iracnt. the offenders, upon conviction, b; imprisonment in the gaol or city prison, not exceeding ninety days, or by fine, not exceeding, in any case, the sum of forty dollars and costs of prosecution ; and in case of non-payment of the fine and costs, commit the offender to the gaol or city prison for any time not exceeding ninety days. Offences shall be prosecuted in every case within two months after commission. (7. 87, 1865. JurisdictijD. 134. All pctsons violating the Sabbath by carrying on any game, play, or pastime, to the annoyance of their neighbors or the public, common beggars, fortune tellers, gamblers, habitual drunkards, persons breaking windows or damaging the i)roperty of others wilfully and mischievously, lewd per- [part I. ^M yjYL2 iij J POLICE COURT. 33 sufficient in penalty, to 35. Court. 1 regulations e and adopt nducting the ssue of pro- for receivini: ck day, tVoin ig holidays — day, the I7tli November) : having been ; to finish the r be necessary riminal cases, esses in their exceed fifty travel. ]E Court. n a summary all larcenies exceed forty atteries, riot?, mittcd within IS, and punii-h in the gaol ir by fine, not and costs of the fine and )ri8on for any be prosecuted sion. C. 87, arrying on any heir neighbor? jrs, gamblers or daraagmg sly, lewd per- sons, vagabonds, runaways, stubborn and refractory appren- tices, and all persons who may have been found drunk or disorderly in the streets, and all persons imbecile in mind, or incapable of taking care of themselves, may be sent to the city prison by t\\e Stipendiary Magistrate for a period not to exceed ten days, for the first offence, and may on any subse- quent conviction be imprisoned by the same authority for a fteriod not exceeding ninety days ; and in case of imbecile jrsons or vagabonds, for a period not over one year ; dnd e Stipendiary Magistrate may in lieu of imprisonment, im- se a fine not exceeding twenty dollars in any such cases. 135. The city constables shall arrest such persons and |)ring them before the Stipendiary Magistrate. If the arrest <)ccur8 after three o'clock in the afternoon, or upon Sunday or jboliday, the prisoners may be kept in the lock-up house until j|he hour of eleven in the forenoon of the subsequent day. js 13G. The Stipendiary Magistrate, on being satisfied by Inspection, confession or proof, that the persons so arrested iftught, whether for their own benefit, or that of others, not to )be at large, may sentence them respectively lo such imprison- iaent in the city prison, with or without hard labor. ' 138. Nothing herein contained shall prevent the Stipcn- ^ary Magistrate from committing persons charged with offences for trial in the Supreme Court, or binding them under j^ognizance with sureties, to appear and answer in the Supreme Court. 140. In no case where the Stipendiary Magistrate shall fftntcnce any party to punishment by fine or by imprisonment, or by both fine and imprisonment, shall any appeal be allowed from such sentence, except by writ of certiorari or habeas Corpus cum causd. 142. All persons shall be bound on request to obey the Mayor, (Stipendiary Magistrate) or any alderman, and to assist ^e policemen and constables in any duty of drrest ; and any <*ne '•efusing shall be fined not less than two dollars, nor more dian twenty dollars, by the Stipendiary Magistrate, and on ^Bfault of payment, shall be imprisoned not less than five nor niore than thirty days. 143. The Stipendiary Magistrate holding the police court, Aall have power on the sworn complaint of the master, to irrest any seaman of a Bfitish, Provincial, or a foreign fcssel, who having signed rer^uiar articles and not being duly tfscharged therefrom, shall wilfully absent himself from his ^ lesel ; and, after hearing both parties, if he find the cora- aint well founded and just, to compel the seaman to return duty, if requisite^ also to send him to gaol until the vessel ready for eea, and give the aid of the police constables in Arreat Imprisonment with or without labor. Committal for trial at Supremo Court. No appeal. ARsistance to Aldermen, etc. —line. H ProceedinpB against seamen. u . I ill « t ! If! Cliarfios- fakt'ii. •how Kpcognizance to k(H?p poacu. CITY OF HALIFAX. [part I. carrying him aboard his vessel. The affidavit on which to ground the proceedings fihall be made before the Stipendiary Magistrate, at the police office, and the warrant to arrest shall be granted by the Stipendiary Magistrate ; and on the hearing of the complaint the ship's articles must be produced and proved by the master or complainant, or a sufficient ex- cuse rendered for their non-production. 144. Whenever any criminal charge is made, or any complaint of an act or omission, punishable by penalty, fine or imprisonment, whether a breach of common law or statute, or a violation of any city ordinance, it shall be the duty of the City Clerk or his assistant, to make a written note of "uch charge or complaint in a book to be kept in the police office, to be called the Charge Book ; and process as the case may require, either of summons or arrest, may thereon issue, to be granted by the Stipendiary Magistrate ; and if any affidavits are required to ground such process, they shall be prepared by the City Clerk or his assistant ; and the parties may be sworn thereto before the Mayor, (the Stipendiary Magistrate) or an alderman. 146. In case of persons arrested by the city authorities, upon oath made of threats or of facts which appear to re- quire the binding over the party arrested to keep the peace, it shall not be necessary to confront the parties with the per- son complaining unless he or she demand it to be done ; and the commitment may be made on the party arrested declining or omitting to give security within the day following such arrest. VII. — Certain Petty Offences. Penalties. NiilliH 223. If any person shall, by riotous or disorderly conduct or language, or by discharging fire-arms, or by fire-works, or by cries or other noises, wantonly or maliciously disturb the peace and quiet of any assembly of persons lawfully convened for any religious, moral, social, or benevolent purpose, he shall for every offence forfeit a sum not less than two dollars, nor more than eight dollars ; and if any person shall sell or expose for sale in the City of Halifax, any crackers or fire- works, whereby the peace of the citizens may be disturbed, or to the annoyance of citizens, he shall forfeit and pay a penalty of not less than eight dollars, nor more than forty dollai's, or in event of non-payment, shall be imprisoned for not less than ten days nor more than ninety days. Kemoving, ote., 224. If any person shall wilfully or wantonly remove, or tio9. let loose, disfigure or injure, any horse, or remove or meddle with, injure or destroy any vehicle, or cut, injure ov destroy . any harness connected with such horse or vehicle, while the c PART I. »n which to Stipendiary at to arrest and on the be produced ufficient ex- ade, or any penalty, fine w or statute, the duty of tten note of n the police »s as the case hereon issue, ; and if any they shall be i the parties ', Stipendiary y authorities, ippear to re- jp the peace, iwith the per- 3e done ; and 3ted declining )llowing such s. •derly conduct fire- works, oi- ly disturb the 'ully convened purpose, he n two dollars, shall sell or ickers or fire- be disturbed, eit and pay a re than forty mprisoned for ily remove, or ove or meddle ire ov destroy ,cle, while the TITLE III.] CERTAIN PETTY OFFENCES. 35 same are in the vicinity of any place where such meeting may be in the act of being held, he shall for every offence forfeit a sum not less than two dollars nor more than twenty dollars, and in case oi non-payment be imprisoned not more than ninety days. 225. If any person shall, by discharging fire-arms or by Disturbance in riotous conduct in any street or liighway, wantonly or ma- liciously disturb the peace and quiet of the inmates of any . jdwclling house near such street or highway, he shall for every jbffence forfeit a sum not less than two dollars nor more than jBight dollars. ' 22G. Anv person offcndin"; against the provisions of this Offendprs may .(I o o 1 jjj, arrested on. 'Chapter may be arrested on view of any peace officer present tIow, etq. at the commission of the offence, or by any person thereto verbally authorized by (the Stipendiary Magistrate or) any alderman or justice of the peace present thereat ; and such offender shall thereupon be committed to the county jail until tie shall find security, to the satisfitction of (the Stipendiary jMagistrate), an alderman or justice of the peace, for his good jbehavior, and to pay any fine or penalty that may be impos- id upon him on any prosecution for such offence. .4 227. Any person who shall keep a common gambling GnmbUng or liouse or disorderly house, shop, room or place, may be sum- houses. ' BBarily tried and convicted before the police court, and on l^viction, shall be punished by a fine not to exceed forty t liars, or by imprisonment in the city prison, with or with- t hard labor, not less than ninety days nor more than one ||ear, or be both fined and imprisoned as the court may direct. m 22S. The Mayor, (Stipendiary Magistrate) or any alderman Suspected pay at any time of the night or day, enter any house, shop, entered"*^ »om or place suspected of being a gambling house^ or bawdy i|ouse, shop, room or place ; and it shall be their duty upon Ejonable suspicion, or on evidence tendered them undoc pth, so to do. 22i>. Any person profanely cursing or swearing in the Profane swear- laring of the Mayor, (Stipendiary Magistrate) or aldermen,,*"*'" any peace officers, who shall be convicted thereof, shall ■eit not less than one dollar, nor more than aight dollars, ^ the first offence, and for a second offence double, and for. tthird offence treble that sum ; and in default of payment,, idball be committed to gaol for a term not less than two days ijor more than ninety days. 230. Whoever shall undertake or set up, or shall by i-ottetioe and Writing or printing, publish the undertaking or setting up of "*"^*' ^y lottery or raffle for money or goods, with intent to have «|ich lottery or raffle drawn or thrown, or to induce persons ^ purchase tickets, or to give money or other valuables for f 36 Discliarge of iira-ariu8. Fireworki. Limitation of actions. Byo-lawi. Over ?80. Under SSO. Beliof of in80l Tents. CITY OF HALIFAX. [part I. any such lottery or raffle, or shall play, throw or draw at such lottery or raffle, or shall purchnHO any lot or ticket for any such lottery, or shall take part in any such raffle, shall forfeit a sum not exceeding forty dollars, and in default of payment, shall be committed to the city prison for a period not exceeding ninety days. 231. If any person shall unnecessarily discharge any fire- arms within the City of Halifax, or within one hundred yarda of any person riding or driving, he shall forfeit not less than two dollars nor more than eight dollars, on summary convic- tion before the Stipendiary Magistrate, at the police office, and in default of payment shall be imprisoned not less than twenty-four hours nor more than ten days. 232. If any person shall wantonly throw any firC'Worka or permit the same to be thrown into any street, thorough- fare or passage, or into any building, or shall make any bon- fire within one hundred yards of any building, he shall for every offence forfeit eight doUai's, and in default of payment shall be imprisoned for a period not exceeding fourteen days. 233. Prosecutions under the two preceding sections of this Chaptei , must be commenced within eight days after the offence committed. 250. The City Council shall have power by bye-laws to restrain all persons from driving or riding in a disorderly, careless, improper or too rapid manner. VIII. — Various Provisions as to Legal Proceedings. 542. All fines and penalties imposed by this Act or any Chapter of this title, of upwards of eighty dollars, and for the recovery whereof no provision is made by this Act, shall and may be sued for, and recovered by action of debt in the Su- preme Court, in the name of the City of Halifax. 543. All fines and pen.alties, amounting respectively to eighty dollars or below that sum, imposed by this Act, or by any bye-law or ordinance of the city council, made under the authority of this statute, or any other act of the Province, for the recovery whereof no provision is otherwise made, shall be sued for and recovered in the name of the City of Halifax, before the city court, in the same manner as any debts can be recovered in the said court ; and all such fines and penal- ties, when recovered, shall belong to the city. 544. In every such suit, whether in the Supreme Court or in the City Court, the defendant shall be entitled to the benefit of the acts of this Province, from time to time in foicc for relief of insolvent debtors : provided also, however, that when in and by this Chapter any period of imprisonment is [part I. or draw at • ticket for raffle, shall i default of )r a period •gc any firc- ndrcd yards ot less than lary convic- [>olice office, ot less than y fire'Worlis ;t, thorough- ike any bon- he shall for of payment )urteen days. np sections of Jays after the ^ bye-laws to a disorderly, ROCEEDINGS. Act or any 8, and for the Let, shall and )t in the Su- • spectively to is Act, or by ade under the Province, for nade, shall be y of Halifax, any debts can 38 and penal- ipreme Court intitled to the time in force however, that prisonment is TITLE III.] LEGAL PROCEEDINGS. 37 prescribed or may be ordered upon non-payn cnt of any such , fine or penalty, tiic defendant shall not be entitled to his dis- charge from imprisonment until such period so prescribed •hall have elapsed. 54.'). All fines and penalties by this Act or any bye-law AppHoation. ^or ordinance imposed, which shall be received or recovered as aforesaid, and for the application whereof provision is not otherwise made, shall be paid over to the city treasurer and Ibnn part of the general funds of the city. , 546. Nothing in this Act contained shall in any manner aigbts of Quoen tdei'ogate from or affect the rights of Fler Majesty, except so far as tiie same may be clearly and distinctly expressed. 547. In any suit in the Supreme Court, in which the City vonuo where of Halifax is plaintiff or defendant, the venue and trial shall " 1)6 in the city ; unless the court shall see cause to direct a trial in some other county, upon the suggestion usually made upon 4hc record. '% 548. In actions, suits, indictments, informations or pro- CompctcncT of Viecutions whatever, civil or criminal, at law, equity, or other- iirii'e, in which the said city or corporation shall be a party Jloncerned, it shall not be received or allowable as an objec- fion to the competency of any witness, that he is a citizen or officer of the said city or corporation, but such objection sh.ill to the credit only ; nor shall any such objection be allowed any such case as aforesaid against any such persons as irors therein. 5{>4. Where a penalty or forfeiture shall be imposed by How recovered. lis Act, and no particular mode be prescribed for the reco- sry thereof, the same may be recovered in the name of the ;jity of Halifax, before the Stipendiary Magistrate at the )lice office ; and where no particular mode of applying ly penalty shall be prescribed, the same when received shall paid over to the city treasurer towards the funds of the py. 5115. Where forms are prescribed, slight alterations there- Want of form, from, not affecting the substance or calculated to mislead, ihall not vitiate them. 51)6. If the day upon which an act is to be done shall fall if act be done On a Sunday, Christmas Day or Good Friday, the same shall ""^ "°"'^*^' be performed on the day following. (1.) Whenever in any Act, Ordinance, or Bye-law, re- change of ( iting to the City of Halifax, any sum is mentioned as a"^'"''^- jnalty, a limitation of the jurisdiction of a court or magis- xte, a fee or a qualification for office, such sum being of le former currency of Nova Scotia, the same shall be and is jreby increased so as to amount to the same sum in the present currency of Canada. C7. 41, 1876. cur- i ' i* lliPl|. Mm lit I! i II ;j8 CITY OK IIAMI'AX. IX. POLICK. TAUT I. city Connrll (o liikvo oDiitnil inciii lit' roUi'ii Koroo. l>ntl('S, pOWl'lS, oto. Ditto. Marslial to bo sworn, niul to givo bonds. Marshal '^i au- thority over Tolicomcn. Ageofrolice. (1 .) Tlio C'liy Council of Iliililii.x chilli, from and ivIUm'IIk ))nfeace, luul for prescrviiiiij tpiiet and ^ood onler, whit-h sherills by law have within their bailiwicks, luid eonstablcH have within their jnristlictions ; and shall perform initl disci larm; such t>ther duties, and receive such lees and emolmntMils iis shall juul may be appointed by any bye-law or ordiniuice ot the eitv. 153. It shall be (he duty t)f the City Marshal, or his de- puty, to attend the City (\)uncil or the City C-ourt wheiieviM' they shall meet, tuid at all times to be at the command of llu' nniyor or otKcer presiding*' at the police court, — imd on all occasions to aid in the preservation of the j)eacc of the city, and the t)bservancc of all laws in force therein ; and he shall serve, or cause to be scrvtMl, all writs, prot^ess, warrants, or orders issuing out of the City Court or the police court. 154. The City Marshid shall, before he enter upon tin duties t)f his ollice, be sworn before the mayor, and ttlso shall liive bonds, in the sum of not less than two thousand dollais, anil in such form as shall be directed by the council, with two sufficient sureties to be approved by the city council, lor the faithful discharge of the duties of the office, to be renewed when ret]uired. 15(). After the passing of this Act the City ]\Iarshal shall have under his authority and control the deputy city mar^hiil, the sergeant or sergeants of police, and all the police force ofthe City of Halifax, both day and night police; the dejiuty marshal, the sergeants of police, and all the policemen shall be subject to his authority and obey his instructions ; and the said City ISIarshal shall have the sole management of the policemen and police force of the city, and shall be account- able for the good order and quiet ofthe city ; provided, how- ever, that the City Marshal shall obey any order ofthe JNIayor or of the Stipendiary Magistrate acting at the police office. 157. After the passing of this Act, no person or person; sbill be chosen or appointed or continued by the city council [I'AllT I. ^B TITLE III.] rOLICE. ;ji) mid ancrtlu 5 «() u\\u'\\ <>r ir()|HU' to any r jun'Hon now , 1H72. HHtubld of tlu' he (lonstalilcv* t\ o\' tl»irt Act ; I |)()W(M'.>< and hrcacli ol' llic wliii'ii sljcrill's nstahlcM liavo uiul (lirtcliarin; molniiUMits as r oidiiuuK'c ol hal, or In.s do- Dint wluMU'vor inniand ol' thf , — and on all o of the city, and lie shall , warrants, or e court, ntcr ni)on the and also shall msand dollars. council, with ty council, lor to be renewed iSIarshal shall r city marshal, ic police force ce ; the deputy olicemen shall )ns ; and the gement of the all be account- 3rovidcd, how- r of the ISIayor jolice office, son or person? he city council [to the office and diitioH of police constable or conHtabhiH, for the (Jity of Halifax, who shall Im! over th(' a^e of sixty years. 1.^)8. After the passiii;^ of this Act then; shall be a monthly MmiUiiyini'i.w,. Jnspe(!tion of the police force; of tlu; (Jity of Halifax; and at Jnnv other time the mayor may m'v, fit tf) order, JMsfon; tla; mayor, or in his abscuici; the pn^siding nld(;rnian ; and every man belongiii;!^ to lUv police! lbrc.i«w«. iio time alter anel anienel the; same, to i'e!;{ulate the elutiets anel Si)owers of the city marshal, and the pe)lie;cmen or (Jonstables pespecting thejir coneluct, anel te> punish any pcrse)n8 resistin;^ lihem in the executie)n of their several duties, or refijsing to jfive them assistance when ree]uireel. Special Constables, III twi (I.) It shall be lawful for the Mayor of the City of IIali-Mnv(»roii ^■■'"'■ Uie City Council or by the Mayor, acting in conformity with *"""'" jny law, bye-law, or resolution of the City Council, imme- ^ately pay over all such moneys as may be in his hands be- longing to, or be due by him to the city, into the hands of the ■|Jity Treasurer, or of such person as the order may appoint # receive the same. ii m 48 CITY OP HALIFAX. [part 1. I ,1 •• ;! AH books to be 95. Every city officii* or other person having possession or when required, control ovcr any books, accounts, documents, or papers be- longing to the city, or which the City Council has a just right to inspect, shall at once deliver the same to the city clerk, when required by the City Council or by the Mayor. Pen8ity>e*c. 96. If any person shall refuse or wilfully neglect to account with the City Council for his official receipts and pay- ments, to pay over money which he owes to, or withholds from the city, and for which he has become responsible as a city officer, or to deliver to the city clerk or such other person as the council may appoint to receive the same, any books, accounts, documents, or papers, in which the council have a right of property or inspection on the city's behalf ; then, and in every such case, on complaint made on behalf of the council, of any such refusal or wilful neglect, to any justice of the peace for the city, district, or county wherein such officer or person shall reside or be, such justice of the peace shall issue a warrant under his hand and seal for bringino: the offender before any two of Her Majesty's justices of the peace ; upon the offender not appearing or not bting found, the two justices shall hear and determine the matter in a summary manner. If it shall appear to such justices, that any moneyB remain due from such officer, on non-payment thereof, by warrant under their hands and seals they shall cause such moneys to be levied by distress and sale of the goods ar.d chattels of such officer ; and if sufficient goods and chattels fihall not be found to satisfy the ^aid moneys and the charges of the distress, or if it shall appear to such justices that such officer has wilfully neglected or refused to deliver such account or the vouchers relating thereto ; or that any books, docu- ments, papers or writings, in the custody or power of such officer in his official capacity, have not been delivered as aforesaid, or are wilfully withheld, then, and in every such case, such justices are hereby required to commit the offender to the common jail, there to remain without bail, until he shall have paid such moneys, or shall have made satisfactory return to the council, or until he shall have delivered a true account, together with such vouchers, or until he shall have delivered up such books, documents, papers and writing, or Proviso. have given satisfactioti in respect thereof to the council ; pro- vided always that no person so committed shall be detained in prison for want of sufficient distress only, for a longer space of time than three months, or for any other cause above mentioned, for a longer period than twelve mor'^hs. No prosecution of this nature shall be lawful unless commenced within three months after the offence has been committed. The ordinary remedies by action against any person holding [part I. ^HlTLE IV.] CITY DEBTS. 49 T possession or or papers be- tas a just right he city clerk, 'ayor. ly neglect to seipts and pay- vithholds from ible as a city :her person as 3, any books, ouncil have a alf ; then, and behalf of tlic to any justice wherein such I of the peace )r bringing the 3 of the peace ; bund, the two in a summary at any moneys nt thereof, by ill cause such ;he goods and s and chattels nd the charges ices that such such account Y books, docu- )ower of sucli delivered as in every such it the offender bail, until he le Gacisfactory livered a true he shall have id writing, or council ; pro- be detained in longer space ' cause above mor'.hs. No 3s commenced sn committed, lerson holding Com. of poor to flic accounts. Commitfecf, etc., to account. Statements to be entered Jn books of ac- count. Accounts to be published. ifRco, or who has held office under the city, or against his urctics, are not to be impaired or diminished by this law, or y any proceedings taken under it. 97. The commissioners of the poors' asylum annually, on r before the fifteenth day of December, shall file in the office %f the city clerk, an account of all moneys received and fxpendcd by them in such form and with such details as shall ||0 required by the City Council. This account shall be sub- jlBct to the same auditing as the accounts of the city receipts and expenditures. , {)H. All boards, committees, officers, and persons, who lliall collect, receive, expend or disburse any public money llelonging to the city or under its care or control, shall account ^ the City Council. The City Council may direct the form ^d mode of accounting by resolution or bye-law. S 99. The books of account of the corporation shall shew j^ie amount, particulars, state and circumstances of the pro- tsrty, funds, taxes, effects and fees belonging to the city, the comes and fees of its officers, and all its receipts and •xpcnditures. ! 100. The city accounts shall be annually published after Wdit and appix-val in such form and mode as the City Council direct. III.— -Certain Provisions as to City Debts. 112. It shall not be lawful for the City Council to borrow coui.cii not to dn the credit of the city any sum of money whatever, unless ^'""■"'^ "°°^y- "^horwise particularly authorized by some act of the Province, case hereafter any debt shall be incurred or money be jciulcd by the City Council or under their authority, be- yond the amount limited by law or specially provided for by ti Act of the Legislature, the members of the City Council Sfyliibir' ^ currin^ such debt or authorizing such expcnditu/e, shall He jointly and severally liable therefor ; but s^ich debt shall not be recoverable from the city : provided, nevertheless, that Exceptioni.. ■ no member of the City Council shall be held liable under this Act for any debt incurred or expenditure authorized by the CKty Council, for a longer period than twelve months after &e time when the debt was so incurred, or the expenditure Jnthorized ; or ff he can make it appear that he was not g resent when such debt was incurred or expenditure author- ed, or that he gave his vote in opposition thereto. . \1^' ^^^ ^^^^^ heretofore due and owing by the Town of Debts tramfcr- .ahfax, shall be transferred to and become the debts of the ""''''^ ^^ °"^- lid city, for the payment of which the real estate and all :her funds of the said city shall be held liable. !.;,, m 50 CITY OF HALIFAX. [part 1. 1 uh ! Kcnl estr.to liable. Monpys assessed liable for debts. Uld claims not affecti'd. City Council mav call in oldi and issue new debentures. How payable- interest— by whom signed. Redeemable in ten years. OrBonCmontlis notice. Real estate chargeable. 178. The real estate, property and funds of the city, shall continue liable and bound fo^ the payment of all certificates and debentures heretofore issued by the city authorities ancl| now chargeable upon the city. 179. All public moneys raised by assessment, and all! moneys due and payable as aforesaid, as well as all other j moneys to be hereafter raised by and under the authority of this Act, shall be chargeable with all debts heretofore legally contracted by the authorities of the Town of Halifax or the said City of Halifax, or under the authority of the justices of the peace for the County of Halifax, or any of them, or by or under any other lawful authority, empowered by Act of the Province to contract debts binding on the town or city; and all such debts shall be payable out of the revenues and assessment of the city. 180. Public officers of the County, Town or City of Hali- fax, and other persons, who, at the time of the first incorpor- ation of the city, or subsequently, held any just claims upon the town or city, shall not be prejudiced therein by the repeal or expiration of the several Acts respecting the incorporatici of the city heretofore in force; nor shall any creditor of the city be prejudiced in his rights by any such repeal or expira- tion of the Acts of incorporation. ( 1 .) If the City Council of Halifax shall deem proper so to do, it shall be lawful for the city to call in all debentures heretofore issued, under and by virtue of the seventy-first Section of Chapter 39 of Eleventh Victoria, and to issue new certificates or debentures for and in lieu of the certificates heretofore issued, and now In existence under that Act. (2.) The new certificates or debentures shall be payable to the respective holders thereof, or their endorsees or assigns ; and shall bear interest at a rate to be specified therein, of not more than six per cent j;e?" annum, and shall be issued under the hands of the mayor, and any two or more aldermen of the city, and under the City Seal, and countersigned by the city clerk. (3.) All such new certificates or debentures shall be, and on the face thereof shall express that they shall be redeemable and payable in ten years from the respective dates thereof. The city shall be at liberty to pay any of such debentures after the expiration of five years from the diite thereof, upon giving the holders six months notice. (4.) From and immediately after the issue of such new certificates or debentures, the amounts thereof, respectively therein expressed, shall be and become chargeable in and upon the City of Halifax ; and for the payment thereof all fpARTI. Wm n ;^| TITLE I V.J CITY DEBTS. 51 r the city, shall all certificates LUthorities and 3ment, and all 11 as all other 16 authority of retofore legally Halifax or the of the justices of them, or by ercd by Act of town or city; ! revenues and Dr City of Hall- 3 first incorpor- ist claims upon in by the repeal le incorporation creditor of the speal or expira- deem proper so all debentures tie seventy-first nd to issue new the certificates that Act. lall be payable rsees or assigns ; therein, of not be issued under re aldermen of ;rsigned by the es shall be, and 11 be redeemable i dates thereof, uch debentures te thereof, upon le of such new of, respectively irgeable in and lent thereof all Old Debonturea may be called in.and new ones issued. Such now do- benturcB pay- able to holders with interest. When payable. Amounts of such debentures chargeable on funds of city. ■the real estate, property and funds of the city shall be held [land deemed liable and bound. (J. 44, 1861. ( 1 .) It shall be lawful for the City of Halifax to call in all Idebcntures issued under and by virtue of Chapter 44, of the lActs of 1861, entitled, " An Act to authorize the issue of new ^Debentures by the City of Halifax," and to issue new certifi- cates or debentures for and in lieu of the same. (2.) Such new certificates or debentures shall be payable to the respective holders thereof, or their endorsees or assigns, imd shall bear interest at a rate to be specified therein, and not more than six per cent per annum ; and shall be issued under the hand of the mayor and the seal of the city, and •hall be countersigned by the City Treasurer and City Clerk. (3.) All such new certificates or debentures shall be, and on the face thereof shall express that they shall be redeemable and i)ayable in twenty years from the respective dates there- of; and the city shall be at liberty to pay any of such deben- tures after the expiration of five years from the date thereof, npon giving the holders six months notice. j (4.) From and immediately after the issue of such certi- ficates or debentures, the amounts therein expressed shall be and become chargeable, in and upon the estate, property and ftinds of the City of Halifax, which shall be held and deemed Bable and bound therefor. C 6, 1873. Whereas, the exigencies of the public service have from rreambie. time to time compelled the expenditure of moneys by the City of Halifax beyond the amount estimated and provided r in the annual assessment, which amounts have been ad- nced to the said city on the security of resolutions duly passed by the City Council, and which sums now amount Erom the accumulations of many years to nearly six thousand pounds ; And whereas, it is desirable that the said accumulations diould be placed on a more satisfactory basis, both for economy ' and for other good reasons ; And whereas, the city can obtain money on debentures ^yable in thirty years, on more favorable terms than the existing loans. (1.) The City Council mav borrow the sum of twenty city may bor- four thousand dollars on the credit of the City of Halifixx, '■°'' *^*''^^" and advertise for tenders for the loan of such sum, not ex- ceeding twenty-four thousand dollars, as may be required for the purposes aforesaid, in two or more of the newspapers published in the city, for one month; and the tender express- uig the lowest rate of interest shall be preferred. m I 52 CITY OF HALIFAX. [part I. Form, etc, oi (2.) The bonds for such loan shall bo in sums not less than four hundred dollars, with interest warrants or eoupona attached, for the interest thereon half-yearly, and shall be in the form mentioned in Schedule A., hereto annexed. Rppnymont, Ac. (3.) The loan hereby authorized and interest shall be a charge on the funds, revenue and property of the city gener- ally, until the same is fully satisfied and discharged ; and the interest may be at any time included in the general assessment annually made on the city ; but the said loan shall not be liable to any city rate or assessment. App"ctttionof (4.) The City Council shall apply the amount of such loan with all convenient speed to the discharge of the said advances heretofore made to the city, and to no other purpose? whatever. SCHEDULE A. No. $- Debenture. Transferable. Under the authority of the Legislature of Nova Scotia. The bearer hereof is entitled to receive from the City of Halifax, in the Province of Nova Scotia, the sum of of lawful money of Nova Scotia, in thirty years from the date iiereof, and interest for the same from same date, at the rate of per cent per annum, payable half yearly, as per the interest warrants hereto annexed, payable at the City Treasurer's office, Halifax. Dated at Halifax, this day of- -, A. D., 1864. Preamble. , . A. B., Mayor. ^ ' '^ CD., Treasurer. E. F., City Clerk. {Interest Warrants half yearly.') C. 65, 1864. Whereas, the Corporation of Halifax is indebted in certain sums of money due for public services and by the departments of the City of Halifax, as will appear by reference to a report and statement made to the City Council by a Committee [part I. TITLE IV.] CITY DEBTS. 53 iins not less ;s or coupons 1 shall bo ill xcd. it shall be a e city goncr- ▼ed ; and the al assessment shall not be ount of such 5 of the said thcr purpose? Debenture. Transferable. ^ova Scotia. n the City of nof -of from the date e, at the rate yearly, as per at the City A. D., 1864. Mayor. Treasurer. ) 1. 65, 1864. bted in certain ie departments nee to a report a Committee appointed by the said council to audit the city accounts, and it lias been deemed advisable to fund the said debt. Ik> it enacted, by the Governor, Council and Assembly, as foUows : (1.) The City of Halifax is hereby authorized to borrow ('ity of iiniifax i ^ \ 1. <. 1 • 1 •. c iuifiiori/<>(| to lupon the credit oi the said city, a sum or sums ot money not borrow *'.:o,ooo. to exceed twenty thousand dollars, at a rate of interest not I exceed six per centum par aiutmn, to b(! applied by the ;ity Council to pay and discharge the unfundc-d debts due by Ihe corporation referred to in the preamble of this Act. (~.) The loan may be obtained at once or in portions from Mode of obtain- ^ime to time as the City Council may decide. Tenders for the "*'' " lonty shall be advertised for in two or more of the news- pa])ers published in the city, for one month ; and the tenders expressing the lowest rate of interest shall be preferred ; or the city may sell the debentures for such loan at auction to highest bidder. (3.) The lenders shall receive for such loan, in sums ofraymontofin- one hundred dollars, five hundred dollars and two thousand dollars at their option, debentures, with coupons for interest fittached, under the City Seal, signed by the Mayor and City ^Veo surer, and countersigned by the City Clerk, payable to Ibearcr, specifying the terms of loan and rate of interest to be paid lialf yearly. The debentures shall be transferable with- out endorsement, and the interest shall be paid to the holders pf the coupons upon the same being presented to the City Treasurer. (4.) The principal moneys of such loan shall be repaid toraymontof the lenders within twenty years from the date of the loan ; ^ys?'*"" '"""* but the city may at its option pay off such debentures in whole or in part at the end of the first three years ; and after that period, at any time, on six months notice, may pay off the whole or any part thereof. (5.) The loan hereby authorized and interest shall be Q.i.pn.niohc & i.1 tA e 1 1 r. , . charge on funds Cnargo on tlie lunds, revenues and property of the city gener- hnd property of ally, uutil^ the same is fully satisfied and discharged. city generally. (6.) The City Council is empowered to assess the rateRatfi-payorgto payers of said city for the yearly interest on the loan autho- hfteresr*^ ^°' rized ])y this Act. (7.) The assessment to be made under the last preceding Such assei-pment section shall be added to the general assessment of the city, th(fg(^!^att ''1 and shall be rated, collected and levied in the same way as -such general assessment, and paid over to the City Treasurer. sessment. C. a?, 1872. 54 CITY OF HALIFAX. [part I. y TITLE V. ii t Council liavo powpr to assess 8100,000. Object? to be lirovidcd for. Watch and liffht —expenses of,— how paid. Assessment for pboi'B' asylum. TAXATION. I. — Amount and Objects of Assessment. (1.) The City Council shall have power to assess on the inhabitants and the property within the city, annually, such sum of money, not exceeding one hundred thousand dollars, as may be necessary to defray the expenses which are by law authorized to he incurred on behalf of the city. C. 30, 1874. 331. The objects which may be provided for by assess- ment include the salaries and compensations legally grunted to the officers and other persons employed in the business of the city, expenses of police, of lighting the streets, of a night watch, of a supply of water, expense of fire department, maintenance of the city hospital and city prison, repairs of city property, the making, repair and improvement of the streets, and of the sewers and drains, bridges and roads, and all other expenses required in the due execution of the different powers and trusts vested by law in the city corporation, its council and officers. 412. The expenses of watch and ward, and lighting the city, shall be paid out of the general funds of the city, and may be included in the general assessment annually levied. 332. On request of the commissioners of the poors' asylum of Halifax, specifying the sum they deem necessary to be paid by the city for the support of the poor of the city in the poors' asylum, and in the provincial hospital for the insane for the year ensuing ; the City Council shall be authorized to include in the foregoing general assessment the sum so specified. II. — Inspector and Assessors. Election of In- (2.) On the fifteenth day of October, in every year, the seSiuentand' City Council shall elect one Inspector of Assessment for the Ward Assessors ^^^^^ ^^^ three or more Ward Assessors for each ward of the city, a 30, 1874. Ward 5 divided (1.) For the purposes of this Act and for other purposes of assessment, each of the existing polling districts of Ward Five of the City of Halifax shall be deemed a separate and distinct Ward , and as soon as conveniently may be, after the passing of this Act, the City Council shall elect three duly for purposes of assessment, [part I. PITLE v.] INSPECTOR AND ASSESSORS. 00 IMENT. isscss on the inually, such sand dollars, ;h arc by law Jp C. 30, 1874. "' for by assess- gaily grunted 3 business of ts, of a night department, in, repairs of iment of the id roads, and ■ the different % rporation, its tf lighting the the city, and dly levied, poors' asylum uy to be paid ! city in the or the insane >e authorized . the sum so ery year, the ment for the . ward of the ;her purposes icts of Ward separate and be, after the ;t three duly i •SjI'SSOfH. 10 Assessor to jualified assessors in addition to the three already appointed for such Ward Five, and shall determine which three of such lix assessors shall act for each of such two districts for the ^current civic year. At the time fixed for appointing civic /'bfTiccrs in October of this year, and at the same time in every Buccceding year, assessors shall be appointed for each of such districts as if it were a Ward. (2.) Hereafter, one of the persons appointed by the City ^h-i Agsesaom ouncil, at the time m each year tor the election ot cityAss officers, for the purpose of making assessments in each ward, •'ihall be called and known as the V/ard Assessor for such "Ward ; and the other persons so appointed shall be called and known as the Assistant Ward Assessors for such ward. As soon as conveniently may be after the passing of this Act, the assessors appointed for each ward for the current civic rVear shall meet and choose one of their number to act as 'fWard Assessor; and the remaining assessors shall bo the lAssistant Assessors for such ward. The Ward Assessors for 'future civic years shall be designated by the City Council at the time of appointing the Assessors. (3.) It shall be the duty of the council, at the time fixed Onn for the annual appointment of civic officers, to re-elect, jf**" re-elected, practicabh:;, at least one of the outgoing assessors for each ward. C. S2, 1876. (3.) The three or more Ward Assessors annually elected Assossors to iit- .by the City Council (with the Inspector when the aciessors ou"i/."""''*''" may require his assistance) shall simultaneously attend in each ward of the city on the same day, within the hours of ten of the clock in the forenoon, and six of the clock in the Hftcrnoon, to make a fiiir and impartial assessment, so that the assessment of the wards in the city shall take place at One and the same time ; and in case any Ward Assessor so j„ c^,„ „f selected shall neglect or refuse to perform any of the duties "*'i;'ect. • p{ his office, he shall forfeit to the city for every offence a ^nalty of eighty dollars. C. 30, 1874. 334. If any Ward Assessor shall be absent, or become incsise of ah. from illness incapacitated for the performance of his duties, etr"' '""''"^' the City Council shall be at liberty to appoint in his place iome qualified citizen of the ward, who shall be liable to the same penalty for neglect or refusal to perform any of the duties of his office. W ^ (^^>-) The City Council shall annually elect as hereinbefore <''*y Council directed, one suitable person, not being a member of the City insj'ociofof a^- , Council, to be City Inspector of Assessment; and no person "''''™''"*" shall be considered ineligible to such office lavimr already accoi lis served therein ; and any City Inspector of ite ii Lssessment who shall be guilty of neglect of duty, shall pay 56 CITY OF HALIFAX. [part Citv lii'^pcctor and Ward Ah- xcssorn to bo iiworu. ('ity ('oiiiK'il Sllllll till VttClUl- oy. a fino of not less than ci^'lit dollars, nor more tlian ciglitv dollars for every such ofttMiee. (G.) Every City Inspector of Assessment and "^^'ard As- sessor, shall, on acceptance of olfice, makt? outli in writiiii,' hefore the mayor or an alderman, to })(!rf()rn; the duties of tin oflice, and to make a fair and in)partial assessment, am; to render impartial decisions. (7.) Whenev(;r a vacancy shall occur in the office of anv Inspector of Assessment, .■vvho has not served out his full term, such vacancy may be sup])lie(l by the City (youneil; and the person elected to fill such extraordinary vacancy,* shall occupy tlu; olKci; and discharj^e the several duties thereof, for the term unexjnred of the person whose placeuhe shall supply, he taking the required oath. U, 30, 18T4. Qtiaiitieation of (4.) No person shall be eliifible or qualified to act a^ Ward Assessor, unless he shall, either have been assessed, at the general ^is.>essment next preceding his appointment, ui)()ii property owned by him in his own right (and not as tenant, trustee, or otherwise) in the sum of one thousand dollars, or before entering on the duties of his office make outh before the mayor or an alderman that he is the owner in his own right of property to the value of one thousand dollars beyond tin amount of his lawful debts. Payofinspoctor (5.) Tliorc shall be payable out of the city funds, to the and Assessors. ^^.^ ' ^ . ^ •' , , , -^ ' , City Inspector of Assessment such yearly salary not exceed- ing one thousand dollars, to each Ward Assessor such yearly salary not exceeding one hundred dollars, and to each assist- ant W^ard Assessor such daily remuneration not exceedini,' four dollars, as the City Council may appoint. O. 32, 181 0. III. MANNER AND SUBJECTS OF ASSESSMENT. I'll Upon order of Council assos- sors to make assodsmeut. How rated. (10.) The Ward Assessors associating themselves %vitl. the Inspector of Assessment, Avhen necessary, shall upoi' f' order of the council, proceed forthwith to make an ment upon the respective wards of the city, for til) money legally authorized and directed to be .oi. the city for city purposes and rates, for pooi ites, s( rates and for the proportion of county rates, cliargeal'' the city and its inhabitants. Such assessors shall coni u'lia' the business of assessment in each ward of the city, on the same day at one and the same time. O. 30, 1874. 340. The assessment shall be rated on the occupants ol real estate, being yearly tenants, and in all other cases, on the owners of property by an equal pound rate upon the value ol the real and p^-.'-^oual estate within tli« '-*v, whether such real [rART 1. ^BlTLE v.] MANNER AND SUBJECTS OF ASSESSMENT. 5t B than eighty lul ^^^u•tl As- th in writin;^ J duties of till L'ssment, and ) office of any I out his fill! Jity Council; iiaiy vacancy, • ihitlcs thereof, phiconlie shull 874. fied to act aj i^n assessed, at intnient, upon not as teniint, ind dollars, or )uth hcfore tin his own rl,i;lit ,rs beyond the y funds, to tlit ry not exceed- or such yearly to each assist- not exccedlu!.' a. 33, IS-iO. lESSMENT. emselves witl: shall upot> f' lice an ;tes, !S' ciiiirgeal 'j on lall com iciKc city, on the 874. 3 occupants ol r cases, on the )n the value ot tber such roai ind personal estate shall bo possessed, occupied, or owned by ilidivireinafter specified. jqHie city council may direct the assessment to he mach; in the Igltunin of any year for the ensuing year, after the assessment bis been made and the city rates imposed. ol 1. The personal property of all persons assessed under rrrsoimi ypo- tihis Act for city rates, shall be liable for the fidl amount of'*'"^ Bites due, notwithstanding any assignments or other convey a|U:e niadi- by the owner of such i)roperty, or of any judgment BjBtered jf^ainst the owner thereof, or any execution issued to biiod the projjerty. '317. Under the term " personal estate," shall be Included Mr-aninRof Millie- 111 1 *'''"' Pl^TiiOIinl au houseliold lurniture, moneys, gootis, chattels, wares, anuottatB. merchandize, kept in public or private ])remlses, or in the Qkneen's or other public warehouses ; all ships and vessels, or flares in ships or vessels, owned by persons residing or having offices, or doing business within the city, whether such ships or vessels be at home or abroad at the time of assessment ; also all public stocks, except provincial and city debentures of the said City of Halifax : there shall also be included .under the terra personal estate, stocks in public or private banking companies, water, gas, fire, marine, or life insurance companies, or associations, or other joint stock companies or corporations, whether j)ublic or private, doing business within the city ; and all moneys belonging to the inhabitants of the city, invested in public or private securities within the city, and all bullion and coin of gold or silver, all province notes, and notes of solvent banks, in the province or elsewhere, wjiicli may be in the possession, and the property of any citizen, or in the custody of a bank, or other party, or moneys deposited on deposit receipt, shall be considered as his moneys, fi'"l In; assessed accordingly. I.} All moneys which have been heretofore loaned, or Moneys loaned, may be hereafter advanced, on real estate within the late froe^ from ' |of Halifax, for which mortgage securities have been or ^*'"'^'»"- be taken, shall be exempt and free from city assessment ; neither the lender nor the borrower shall be liable to pay taxes to the City of Halifiix on such securities. C. 48, 1866. 1 property, real or ])ersonal, owned by Her Ma- Certain proper- Province, the County, or the City, all personal iLXf '''■°"' military persons residing in government buildings or of officers or men of the navy residing in gov- srpment ^u'ldings, every building erected and used as a in propcri or barrac '' J I 1 i 58 CITY OF HALIFAX. [part I. Tcaclier? not exempt. Rat08 to 1)0 paid bpforc removal ot property. J^andlords to shew vacancy. Assossrocnt of tenants. rartnors. college, incorporated academy or other seminary of learning, every biiildinf^ for public worship, school house, court house, jail, and blind asylum, and the site and appurtenances of each and their furniture, every poor house, alms house, orphan house, asylum for deaf and dumb, house of industry, house of refuge, the property known as the Temperance Hall, and the real and personal estate of the same, the real and personal estate of every public library, .all stocks owned by the City or Province, or by literary or charitable institutions, and all Pro- vincial and City of Halifax debentures, shall be wholly exempt from assessment. This section sholl not exempt yearly and other tenants holding under lease from the city ; nor are the dwelling houses or lodgings occupied Ify clergy- men, by wliomsoever they may be owned, to be exempt from taxation. C 30, 1874. (1.) Hereafter no Scliool Teacher of any description, nor any person employed in the capacity of such, shall be exempt from assessment for, or payment of rates or taxes of any kind in tlie City of Halifax ; but all such teachers and ])crsoiis shall be a.ssessed and held liable for such rates and taxes in the same manner as other citizens are now assessed and held liable. O. 38, 1870. 342. No property of any party shall be liable to be taken by virtue of any assigrmont or mortgage, or execution, unlc-'.* the party v.'ho holds the assignment or mortgage, or at wlio.^c suit the execution is sued out, shall before taking into posses- sion the property or removal of any goods, pay the city rates for the then current year ; and the she -iff or his deputy, or other officer, is required to levy and pay to the city treasurer, such rates or assessment ; or the assignee, mortgagee, or judgment creditor, who takes the property of any debtor or party, if he do not pay such rates within two days after taking possession, shall be liable to an action for the amount in ihe name of the City of Halifax, or the goods so taken may be destrained upon by the city treasurer, for such rates or costs. 343. The assessors, or any of them, may require the owners of any real estate in the city, to give a written statement, shewing the tenancy thereof, name of tenant m tenants, and amount of rent, and whctheryearly or otherwise, within five days after request, under penalty of eight dnll:ir> for failure to make such return. All tenants holding re:i! estate tor one year or on)'' longer period, shall be assessed, whether rent be payable quarterly, monthly, or otherwise. 3i4. ]\artners in business shall be assessed under the name cf the firm for partnership property, in the same way [parti. ^H title v.] manner and subjects of assessment. 59 » learning, irt house, !C8 of each ;e, orphan try, house Hall, and id personal the Citv or nd all Pro- be wholly ot exempt the city; lly clergy- :enipt from iption, nor be exempt of any kind nd ])crsoiis id taxes in | d and held to be taken ition, unless or at whojc ^ into posses- | e city rates deputy, or y treasurer, rtgagec, or y debtor or davs after the amount lis so taken r such rato^ require the | I; a written )f tenant nr r otherwise, light dolbti- lolding !■'''■ be assos.-O'l. therwiso. il under the same \^;•; [as individuals ; notice to either partner or to the agent of the [firm fehall be valid. 345. The owner or holder of stock in any incorporated or [joint stock company, doing business within the city, taxed on capital, shall not be assessed .as an individual for such stock. 340. The estate of deceased persons under control of their cccutors, administrators or trustees, the separate 'property married women, and the property of minors, and other )ropcrty under the control of agents and trustees, siiall be [atcd in the name of the principal party or parties ostensibly bxercif^ing control over them, but under such description as nil keep ''the rating separate and distinct from any assess- icnt on such parties in respect of property held in their own ght. 34S. Life insurance companies established in the city, or paving any branch office or agent therein, shall pay assess- lent upon the amount of premiums actually received or jcurod within tlie city during the current year, deducting [gcncy and office expenses incurred within the city, deducting Ibo any losses incurred on lives insured vx thd city. 341). Investors in any benefit society established in the [ity of Halifax, under the Act 12th Victorin, Chai)tcr 42, ititk'd "An Act for the rcmdation of Benefit Ihiildin^ )ciotics," shall l»e assessed on their deposits in the same way He mortgagees, as such society shall be assessed for its office itjr jtlace of business, on its rental or value, and also on its rnitino, in the usual way, but borrowers shall not be assess- on ihcir borrowed shares. oaO. Every joint stock company doing business in the ty, shall be rated as il holding one hundred pounds of pro- Brty for every six pounds net annual income or profit Brivcd from its business, done within the city, — life insurance )nii)anics excepted. 3.)1. All corporate bodies and joint stock companies or ^encics doing business in the City of Halifax, shall be rated if holding one hundred pounds of property for every six iunds annual net income or profit derived from their business, nether the profits of the year arc declared or reserved : _4^rovided always, that if any such incorporated comjiany shall withui twenty days after the receipt of city assessor's notice, JUc in the office of the city clerk an affidavit made by the rc^l(lont or secretary, or other responsible officer of such )mpany, that no profits or dividends have been paid or feecrvod during the past year, or during the year for which ie assessment is made, such comnanv shall be excm Owners of joint stock. Estates of du- ccast'd porsong, minors, <>tc. Life Insurnnct' Companies. 15enoatI)iiiltliin; societies. Joint stoclc companies. Corporate bodies, &o. ation. company ipt ■*■.« r ' I ,'k \\\ % il a w \ 11 i,.i l; ! 1 '9 IHI: III W 60 CITY OF HALIFAX. [part I. Stattnnent as to proliu. stfttemcnt by 3o2. In case of companies incorporated by the legislature, offlcorgofconi- ., ^ , ^ i • u. •! paniesasto evciy prcsiuent, secretary, manager, easliier, treasurer, or in| capital. pjjgg yj- j^ branch, the resident agent, shall annually, on or before the first day of IMarch, make an affidavit in vvritin;; before the mayor or an alderman, or a justice of the peace for the County of Halifax, containing a true, full, and correct statement of the amount of the paid up capital of any mr\\ company, at the period he makes such affidavit. The party making this affidavit shall file it immediately with the citv clerk ; and the assessors shall fix the rate accordingly. Oj default of this statement being duly filed, the assessors niav rate the company's income, .according to the best inf;)rmati()ii they can otherwise obtain ; and tlie company or corporation shall, in addition to the rate, pay to the city a penalty of two hundred dollars for the neglect or omission of their officers oii agents, in not furnishing the said statement. 353. In the case of every joint stock company or agcnov, the president, secretary, manager, cashier, treasurer, or in! case of a branch office the resident agent, shall annually, oi or before the first day of March, make an affidavit in writing before tiie mayor or an alderman, or a justice of the peace tu:o the County of Halifax, containing a precise statement of tli actual net income of the company or corporation, deri\eM from their business done within the city during the year enJ ing on the thirty-first day of December preceding, or sii other date within tlie year ending on said first day of JMan' as shall be the usual period of any such company for clo-i. and balancing their accounts. The party making this alii! vit shall file it immediately with the city clerk, and ; assessor shall fix the rate accordingly. On default of t! statement being duly filed, the assessors may rate the c .: ^ , pany's income according to the best information they i ni|jc( otherwise obtain ; and the company or corporation shall addition to the rate, pay to the city a })enalty of two hnivl; dollars for the neglect or omission of their officers or ai:i! in not furnishing the statement of their profits by afiiilnv When the assessment is ordered to be made in the autiu!! the joint stock companies maybe taxed on their returns to: thirty-first December previous. 3')4. The yearly assessment shall be prepared, made and delivered into the City Council, not later than the tliii'i| first (lay of July in each year. rronorty under 357. No pcrsoH shall bc asscsscd for his personal cstiiti unless its value amounts to two hundred dollars. SiiS. The officers of the excise department, and provinc revenue officers, shall be bound on request of the city assc^^i from time to time, to furnish him with lists of the goods Assessment— lihen niado up (Sw Sec. 18, C. ;!2, 1870.) Warohoused (joods. [pARTI.^llTLE v.] MANNER AND SUBJECTS OF ASSESSMENT. 61 e Icgislatmc, .surer, ov inl ually, on (ir t in writing the peace fori , nnil correct! of any sue! , The party] with the city rdinjily. Oaj issessors nv,iyj it inf'.)rniatloaj )r cori)oratioiij )enalty of twol heir officers oil my or agency] easurcr, or ii I annually, i"| ivvit in writing of the peace ti' atement of tli'-!^ oration, der'ne, v in the autum oir returns to: the ()ucen's warehouses, and the names of the owners, under enalty of two hundred dollars for refusal or neglect to furnish le t^anie within ten days after the request. 350. The assessor before proceeding to the assessment of Jl'^fojjf °" be respective wards, shall be provided by the city with a ifficicnt number of blanks, to form valuation books, ruled Qd headed throughout in the following form : lared, made r'than the thiiil n personal estati lars. nt, and provine| ,f the city asscsij of the good-- Ward No. Names. Value of Real ■p-„,,.„ „!.„„, or landlord, ^o""' property, Total Amount on which A-t.^essment is to b(! levied. 13()0. The assessors shall enter the name of each person, iiow made up. ipany, or corporation to be assessed, separately in order, I the first or left hand column, the value of real estate [ted in currency, in the next column of personal property, the sum total on which the assessment is to be levied in last column, opposite to each name. 161. As soon as the whole amount of real and personal Notice of vaiua- . ... \ . tion, amdavitfi, Ipcrty, on wnicli any jjcrson, company, or corporation isto&c. |assessed within any ward of the city, is determined, the assessor shall serve or cause to be served a notice of such fuation upon the person assessed, or his agent, or on the CQ|npany or corporation, their officer, clerk, or agent. This SeoSoc. 18, c. n»icc shall be in the following form, in print or ink ; aniende'dby X o ' 1 Sec. 18, C. 32, ■k 1876. I ^ard No. 44 Names. Value of Real I value of per- Ivstute a8 tenant ^^^^^^ property, or owner. i i j Total Amount on which Assessment is to bo levied. hereby give you notice that the assessors, to the best of judgment, have made the above valuation of your real ^ personal estate within Ward No. of the City of [ifax, on which assessment for the current year is to be d. If you wish to object thereto you are hereby notified jrnish me at my ofHco in the City Court House, within .) ^ > I' ■ f'" "i Mr ii' 1 ♦ |: :- IT M r.J] •I 62 ■1 I'' » ■ ! i ii r! Hco HOC. 18, C. ••Ji), 1874. CITY OF HALIFAX. [PART I. fourteen days from this date, with a written statement under oath according to the form herewith served upon you. To Mr. City Assessor. Dated at Halifax, day of 18 Tliesc notices arc to bear date on the days which they are respectively served. After sei-vice of the notice, fourteen days shall be allowed to the parties to be rated, or their agents, to furnish thy city assessor with a written statement under oath of the real am! personal estate in the following form : Statement of real and personal property/ loithin Wanl N'o..- — of the City of Halifax, liable to assessment. %. cts. 1. Real estate, in possession of subscriber, not rented to yearly tenants, estimated at ten times the yearly rent or value .... 2t Plousehold furniture and moveable property in dwelling and premises occupied by subscriber 3. Goods, wares and merchandize, within the Ward 4. jSIoncys in possession or in bank, &c 5. Ships or vessels, or shares and interest therein, whether at home or abroad. . . 6. INIoneys invested in mortgage, or other se- curity whatever, in the city • Total amount $ In making this statement, each Item or class of propcrt; shall be separately valued ; and the amount admitted undc each of the six classe«? of assessable property, shall be sep;. rately stated ; and tl» assessor shall not be bound to adop such statement where each is not expressly valued. The return of ships or vessels or shares therein shall, i|j every case, be made by the party rated in the affidavit of return by him or them made, in the ward in which such per son shall reside. Such return or statement shall be verified^ every instance by an affidavit in the form following ; MANNER AND SUBJECTS OF ASSESSMENT, 63 Incorporated Company. Halifax, 88. of the City of Halifiix makcth oath and paith that the above is in all respects just and true, and that the sum of dollars is the full amount of the paid up apital, and that dollars is the full value, to the best of deponent's judj^ment, of the real and personal estate of the said company liable to assessment under the law in the City of Halifax. Sworn to at Halifax, > this day of A. D. 18— 5 ICity of Halifax, ss. of the City of Halifax maketh oath and saith, that the above statement is in all respects just and true, and that the sum of dollars is the full value to the best of Icponent's judgment and belief, of the real and personal festate and income for which the said deponent was liable to taxed on the day of the assessment thereof, within Ward ) Hereafter the assessment of all fire insurance com- ^''""o '""• c<"np»- [panics m the City aforesaid eliall be in accordance with the under this Act. [provisions of this Act. I (;>.) Every such company, in addition to being assessed f°»"pani«'!"- |in tlie same manner as an uKuvidual upon any real estate in the citv, owned or occupied (as tenant for a year or longer) 3y the company, shall, in the present and every year, be iBsesscd r.pon the income of the company as defined in the irst section of this Act, at a rate whicih shall bear the same jiortion to one dollar and fifteen cents for every hundred loUars of such income that the general or current rate of 3se?sment for such city for such year shall bear to such cur- en t or general rate for the year one thousand eight hundred id seventy-five. (A.) Tiie statement and affidavit to be made and filed bv^f"""»of''"'tu- le president, secretary, treasurer, manager, or agent of ly such fire insurance company shall be in the form of the chcdule to this Act or to the like effect. (5.) The provisions of Section 352 and other unrepealed r'^'^ainprovi*- Bclions (on the subject of assessment) of Chapter 81 of the iso4, to apply. Lets of 1864, entitled, " An Act concerning the City of [alifax," shall, except when inconsistent with this or some khcr Act passed during the present Session of the Legisla- - |rc, apply in cases of assessment under this Act. (().) So much of the existing law as is inconsistent with f"''""''^'';"* m. / . , , ° law repealed pis Act 18 repealed. i.'-im ' -if 4i' :til^i ■yf SCHEDULE. Schedule. hafemeit of the real estate and income of • r buaintss within the City of Halifax. I. 1 . Real estate not let to tenants for a year or longer, estimated at ten timea the yearly rent or value -, doincf cts. •i 66 ■,t-i n CITY OF HALIFAX. [PART I. 2. Total receipts during year ending 31st December, 18 — , from insurances effect- ed or renewed and business transacted • in the City of Halifax Less 1. Amount actually paid during said year for reinsurance of property within said city 2. Amount paid for cancelment of policies on property in said city during said year. Income Affidavit. . City of Halifax, SS. I, of tlie City of Halifax, make oath and say a«i follows : 1. The above statement is in all respects just and true. 2. To the best of my knowledge and belief the sum of dollars is the full value of tlie real estate of the said within Ward (s) number (s) in the City of Halifax, iiolj let to tenants for a year or longer. 3. The sum of is the total amount of the receipt>l during the year ending on the thirty-first day of Decembcrj 18 , of the said from business, transacted in the City J Halifax ; and the sum of , the amount actually paid Iji the said during the said year on account of rcinsuranceJ of property and cancelments of policies on risks in the saiJ city. Sworn to at Halifax, this day > of A. D., 18 , before me. 3 C. 33, 1876. ^^7 Court Of appeal (6.) Thcrc shall be a Court of Appeal on Asscssmenij -how'consti-*^ " ^vhich shall hear appeals from all the wards, and the menibc:! tuted. of >vhich shall be the City Inspector of Assessment and t"^^- seven Ward Assessors. The Inspector of Assessment. gether with any three of the Ward Assessors, or any five the Ward Assessors without the Inspector, shall be a quoruaj of the court for the transaction of business. If any y\'^ Assessor refuses to act as a member of such court, or, owir; to illness, interest, absence from the city or other cause, es not so act, the remaining members of the court shall sclej TITLE v.] MANNER AND SUBJECTS OF ASSESSMENT. 67 one of the assistant assessors for the ward for which the Ward AssCtisor not acting shall have been appointed, to fill the vacancy. (1.') For every day that any member of such court shall ^<'"'»J*y "" V. V •' / , 'n n 1 11 1 •/' 1 1 , , nicinbers of l)c abdcnt from a mectmg tlicreot, rive clollars, and it he shall court for ab- be absent without reasonable cause — to be certified in writing"""""' by the Ins])ector or two other members of the court — ten dollars shall be deducted from the amount payable on behalf of the citv to the member so absentinfj himself. It shall beR<'ft'''tcr ofat- the duty of the Inspector of Assessment or of the Ward As- sessor acting in his absence as president of the court, to keep a register showing the attendance of the various members of the court, which register, or a correct abstract thereof, shall be filed with the City Auditor before the members of the court shall have received the sums payable on behalf of the city for their services. (8.) The Court of Appeal, constituted as pro\tdcd in the P««rtto hear sixth section, shall — at times and places to be fixed by the cido appeals, court, and duly advertised for such time and in such manner I as the court shall determine — hear all objections of rate-payers [who shall have duly aj)pealed, to the valuations, rates or as- Bessments which have been made upon such rate-payers and leir properties ; and such court, after hearing the persons rho appear before them and their witnesses, shall have power Ito reduce the valuation and alter the rates and assessment of my rate-payer, so as to meet the ends of justice ; and such )iirt shall finally determine and decide the rates and assess- lents to be paid by each person who appears before the court ; md the decision of the court shall be binding upon all rate- )ayers of the city and others without further appeal. The pourt shall hear the appeals in such order as they shall de- brininc, and with as little delay as reasonably practicable. They shall also hear and determine all appeals (if any) allowed by the City Council under the existing law. (9.) The Court of Appeal shall have power to issue sub- Court may «ub- jnas tor the attendance of witnesses before the court, such wTtnw^es."^"' ibpoenas to be signed by the Inspector of Assessment or by iro of the other members of the court, and to swear the rate- layers and all witnesses who attend ; and any person who lall disobey any subpoena so issued and signed shall be liable a penalty of not less than five nor more than fifty dollars, be recovered at the police court, and to be collected by ^arrant of distraint under the hand of the Stipendiary tagistrate. (10.) Whenever the City Inspector of Assessment, or the statemontBof ard Assessor, or two of the Assistant Ward Assessors for bnEjected'tof le ward on which any company shall be liable to assessment l '■ ■ A '■ by: • -■ ! I : ' .:' ■ I ()8 CITY OF HALIFAX. [part r. rr.>vIio. Objection to bp linally (lispo9i>d of by Court of Appeal. Party unable to appeal within ]4 (lays need not ajiply to Coun- cil. Proviso. Various powers ofCourt of Ap- peal. slmll be dissntisficd with the sfjitcmcnt furniHlictl by or on bchiilf of sucli company for tlio purpoees of assessment, such Inspector oi' Assessment, AVard Assessor or Assistant Asses- sors shall hnxc right and power to object on behalf of the city to the accej)tiinee and ado[>ti(>n of such statement : provided such objection shall be made in Avriting and signed by such Inspector, Ward Assessor or Assistant Assessors, and notice thereof given to the company interested, within ten days after the time at which such statement shall have been submitted by or on behalf of such company, or during the current year within fifteen days after the ])assing of this Act. Cll.) Such objection shall be heard and determined by the Court of Appeal in the manner provided for as to appeals of parties dissdtisfied with the amounts of their assessments ill the sixth, eighth and ninth sections of this Act ; and such court shall have power, having first heard the evidence, if any, offered on either side, to increase the amount or valu- ation upon which such company shall be assessed, as to such court sh.ill seem just and lawful ; and the decision of such court shall be final, binding and conclusive. (12.) Hereafter, \ ^en owing to absence from the city, illness or other sufficient cause, any person is unable to make the necessary sworn statement or appeal from the valuation of his property by the assessors within the fourteen days allowed in Section 361 of Chapter 81 of the Acts of 1864, it shall not be necessary to apply to the City Council for per- mission to make such statement or appeal ; but such person shall be allowed to make such statement or appeal upon filing j with the assessors for the ward in which he shall have been assessed an affidavit or affidavits, of himself and at least one other person, verifying such absence, illness, or other sufficient! cause : provided that such affidavits, together with the sworn j statement shall be filed within fourteen days after the return to the city, recovery or other cessation of the incapacity of such person. (13.) When the persons making the assessment in anyj ward shall, in the exercise of their judgment, have fixed the valuation of any property in the ward, such valuation shall I be altered only by the Court of Appeal hereinbefore provided for. Such Court of Appeal shall also have power amongst otherl things, and it shall be their duty ; ( 1 ) Where a property shall have been valued or assessed j in the name of any person other than the owner therof, or hi^I agent, to transfer such valuation or assessment to the owner,! not later than the first day of October, giving him due noticej of such valuation or assessment. TITLE v.] MANNER AND SUBJECTS OF ASSESSMENT. 69 Ignorance or (2) Where the assessors slmll, tlirongh mititrtkc, have valued, assessed or taxed any property or per- son by law exempt from assessment or taxation, to remit sueli assessment or taxation, at any time before tljo first day of October. (3) Where an affidavit sliall be made on behalf of any company that an error has been made in the Ktatement sub- mitted for the assessment of such comj)any, and clearly show- ing the nature of 8u<;h error, to allow such statement to be so altered as to correct the nnstakc set forth in such affidavit : provided always that in any such case the time for appeal on behalf of the city shall be extended to ten days nilvr such amended statement shall have l)een submitted on behalf of the company ; and that such affidavit shall be submitted not later than the fifteenth day of July. (14.) Within the ward for which they shall have been f^rrt"'" P^^pr^ V . / 14. Tir 1 A of Ai*8t'»8ora for ap])omtcu, the \> anl Assessor and Assistant \\ ard Assessors, Wards, with the concurrence of the City Insj)CCtor of Assessment, shall have power, and it shall be their duty : (1) Where any property of any person has been valued or assessed more than once for the same general assessment, to annul and remit sudh of the said valuations Oi assessments as shiU be improper or illegal, not later than the thirty-first day (jf July. (2) To assess any property which may have been omit- ted by accident or error from the general ^t80;iemont : pro- vided the same shall be assessed before the first day of October. (3) To correct any clerical errors made by the assessors ; 80 as such correction shall be made before the first day of October. Fourteen days shall in all cases be allowed to any person interested, to appeal on behalf of the city or of any rate-payer, from any decision of the Assessors and Inspector of Assess- ment, under this section, and for that purj)ose fourteen days notice of the alteration shall be given to the recorder of the city. Nothing in this section shall be construed to autnorize the Assessors and Inspector of Assessment to alter or interfere with any decision of the Court of Appeal. O. 32, 1876. 30(5. The city*assessor shall complete the valuation annu-T?<'tiirnofvaini- ally, within seventy days from the date of the order of the '* council to commence the valuation ; and having duly delivered the notices of valuation above directed, and the fourteen days allowed for the personal affidavits having ex[)ired, shall then make return of the books of the valuation to the office of the city clerk, one for each ward, clearly and correctly made up \ n 1 ?. H 70 CITY OF IfALlFAX. [part I. General Arhpsh- ia(>ut itbok. in writing, nml signed by liiin and by tho ward nssessora act- ing for tho ward, or by any two of thcin. 3(17. The vahiation-bookrt, having been first soon and ap- proved of by tlic city council, fhall bo taken back by the city assessor, who sliall then proceed withont delay to make np one general book of assessment for the city, in which there shall be distinctly shown the amount of the rate upon each individual or company, in such form as the city council may direct ; and the assessment-book, being so made up and signed by the city assessor, shail be returned to the office of city clerk. ■•I !; 'U.', Koticns to pojr rates. Shc Spc. ;J0, 1874. 18. C. Forms of No- t\ccf, nnd forms iiiid time of ap- |ipftl dotcrminrtl by City Council. See Snc. 18, C. .'!2, 1870. City Trcasuror may capias par- ty loaviug city. IV. — Mode of Collection and Recovery. 3G8. As soon as the assessment-book shall be accepted and approved of by tlic city council, it shall be deposited with the City Treasurer, who shall cause each person or company rated, or their agents, to be served with a notice in the fol- lowing form : — Halifax, 18 You are hereby notified that you arc rated and assessed for the current year, 18 to i)ay the sum of dollars and cents, for city, county and poor rates. Unless the amount be paid within thirty days, ten per cent, will be added thereto, besides all charges and costs of collection. To City Treasurer. (18.) The forms of notices of valuation and assessment, and the forms and time of apj)cal shall be such as the city council shall hereafter determine by resolution ; and such forms may from time to time be changed by vote of the council. (14.) Upon the City Treasurer having reasonable cause to apprehend that any person indebted to the City of Halifax for rates and taxes is about to leave the city before the time allowed by law shall have elapsed, when he shall have been served with notice to pay, such City Treasurer is hereby authorized, notwithstanding that the time in the notice shall not have expired, to either distrain upon the goods and chat- tels of the person who he believes intends so to leave the city, or to issue or cause to be issued a capias against such person, in order to recover the rates and taxes so due to the city, upon making an affidavit before a justice of the peace that he verily believes the person is about to leave the Pro- vince. T ITI-E v.] MODE OF COLLECTION AND RECOVERY. 71 (15.) Lvcrv rntc-pavcr wlio shall hereafter pay his coun-2i porfrotais. (V. citv, poor and echool rates or other civio taxes, on orrat.Hnnidb.foru I'-toie the thirtieth day of Septcniher in each year, shall be""" ''■''' alliiwc'd u discount for such payment of two and one-lialf per ct'iitum on the amount of such rate or rates ; and the Citv Treasurer shall upon paynient bein<^ so made, deduct euth per centagc from the amount of the rate or rates to bo ]iai(l. (IC).) irorcafter the notices to be issued for county and r^ p'^/'."*,".''"" fichooi and city rates, and to be served upon rate-} »ay era, th« am October, ^hall require the taxes to be paid on the thirtieth day of l^cptcinber in each year ; and afteu the thirty-first day of Oc- \to\m- in each year, two and one-half per centum shall be ndilcd to each rate-payer's taxes, who shall neglect to pay jthc Hiune on or before that date ; and such two and one-half liur cent, shall be then due and recoverable with the anioimt [of the rates; and the City Treasurer shall exact and enforce [the payment of such rates, and the two and one-half per Iccnt added thereto with all costs. (17.) Immediately after the thirty-first day of October in City Troaaimr jacli year, it shall be the duty of the City Treasurer to issue rants «.fuii- ^iurants of distraint, or to proceed by action to recover the iiiioinits due for city, county and school rates and to add ko such rates two' and one-half per centum, and to enforce le payment of the rates and per centagc ; but the City Jouncil may postpone the time for issuing such warrants )r a further period not exceeding one month. C. 30, 1874. 370. If tiie money assessed be not collected and paid over Rates to be sued |o the City Treasurer under the warrant of distress, he shall ' ntliout delay sue for the amount, inclusive of the two and ^no-half per cent., or for so much as is not collected, as in ise of debt, the action to be in the name of the city : the rcasurer's certificate in writing shall be presumptive evidence [f the rate being due and unpaid, and shall be sufficient to ititle the city to a judgment without further proof, unless a |o()d and just defence can be made thereto. 371. Any person absent frotn the province, and any com-inca^oofab. 1 /vf 1 /. 1 ' fv • senco ot rato- iny Whose ettects are not to be found, or are insufricient to payer, svy upon by way of distress, may be proceeded against for itcs due to the city according to the provisions of the absent ^ jbtor laws. 372. In case either an individual or a firm from whom or Trcasumr may Inicli assessment or taxes are due to the city, shall have tode a general assignment of assets to creditors, or other- rise isunable to pay debts in full, and in case of the insolvent gtate of a person deceased, it shall be lawful for the treasurer this city to join on behalf of the city in any such assign- h' I ■ t ■ li-i-i ,t. 11 *i 72 -J pi ii i\' i; t CITY OF HALIFAX. [part I. ..ft'T valuation. Estatoofdccpas- 0(1 IMTSOU. mcnt, arranf]fcmcnt, or compromise, and to secm-c and accept any such dividend or part payment, in liis discretion, as may apj>ear for the interest of the city in liis opinion ; and in case of doubt he may require the approbation of the mayor thereto. 1. :as.^Df (loath 378. AVhcncver any citizen whose property has been va- hied by the assessors under this law sliall (he before the taxe:< and assessments of that year have been fixed, adjusted and jiaid by him or her, his or her executors and aihninistrators shall have the same ])0wers, rii^lits, and liabilities therein as he ov she might liave had if living ; and the pro[)er notices under these heads shall be served on them ; and they may make alfi- davit to reduce such assessment if they think proper, and if there be no executor or administrator immediately ready to receive such notices, the publication thereof in any city ncws- j)aper shall be sufficient ; and iiny such assessment or tax whether due by a citizen bef'o»-e his or her death, or assessed or adjusted subsequently, may be recovered, as a debt may, by suit at the suit of the city, against his or her executors or administrators. 371. While any estate, real or personal, of any deceased party within the city shall remain in oiiarge of executors, administrators, guardians or trustees, the assessments annii- ''lly thereon shall be made by a written or pn.^tcd notice served on any one of such guardians, execi'itors, administra- tors or trustees, in place of the notices required by lav/ inciu-^c of citizens living who may be assessed ; and it shall be the duty of the city assessors to have tliese notices served ; ar.d taxes and assessments due on such estjites shall and may, it not duly paid, be sued for as a drot, in the name of the city, against, as dcfeiulaiits, the executors, administrators, guar- dians or trustees of such estate ; and if any one of them be made defendant, no objection shall bo rdlowed for the ouiis:«lon of the other' 375. In case of any non-resident party assessed for pro- perty, real or j)er3onid, within the city, a notice shall be pub- lished in one of the city newspapers ; and, if the party live- within the nrovinco, the citv assessors shall send notice bv mail. Sucii notice shtill be equivalent to [)ersonal service. 370. Whenever any proj)crfy, real or personal, sball belong to more than one individual, whether the same li" owned by co-partners, tenants in common, or held by caOCii- tors, administrators, trustees, devisees or co-heirs, the (litfir- ent notices aiid i)roccedhigs of valuation and assossment thcreot j under this Act shall be valid, if such notices shall l)e aetiialb' sei red on, or f^ ai.q to the hands of any one of the parties who o.r_. or have charge thereof; notwithstanding any erroi Non-resident. Co-partner?, tC' ntuits in cura- moB, etc. TITLE v.] MISCELLANEOUS. 73 oniivssions or mistakes, in the name or names of the party or jiartios to he rated for tlic same : provided that the property ifsclf intended to he rated he sufficiently desi<:nated or pointed out in sncii notices to enable the parties to ascertain the object of ench rate. V. — Miscellaneous. 377. In case of any excess, error or other objection made Rnt/^ not, nmTt- I i. i.* * i. il i r i.1 •*. 1 t'ilbyt'rrorH,etc. hv any l>:n'ty or parties to tiic assessment tor the city m.-idc on ' him or them, the comt before which the same is investigated f^liall not in any case anmd and set aside such whole rate ; but if he or she, or they can fully establish that the rate is exces- sive, the court may reduce the amount of his or her assess- ment to what it ou^ht to be in justice ; and shall give jiul^incnt in favor of the city for the amoimt so reduced ; but Biich j)owcr shall in no case be exci'cised by the City Conucll. 378. It shall not be necessary that a ward assessor of said Qim]ine.itiMn city reside in the ward for which he is elected, [)rovided hcsuMor. has an office, shop, warehouse, or place of business, within the ward, and has been resident for one year previous within the city. 37'J. After the first day of April next, every person who iv'-nns com- sliail commence busmess or any kind m the Lity or Jlalitax, ucsi togivo whose property has not been assessed at the previous general ""''*^*^' assessment, or jiaid taxes, shall give notice in writing to the mayor or presiding alderman, within one week after his com- nienciiig business, of his place of residence and phice of busi- ness ; and the mayor or presiding alderman shall direct the city clerk to notify the city assessor and the ward assessors of the san\e ; and they shall proceed within three days after such 'lotice to the premises, and assess the pvoperty of the party so conuncncing business, in tiie same way and at the same rate as other citizens are assessed under the general assessment. After the assessment has been so made, . e ';i-y assessor shall make a return of the same to the city tre:;.jre »v!io shall col- lect the amount as .all other taxes are collected. Any person ronaity. conuncncing business who shall not irivo the notice as afore required, shall be liable to pay a penalty of forty dollars, to be recovered at the police office, and if the tine be not paid, to be imprisoned for not less than thirty .) The failure to levy a noil tax has not affected, nor »"»">"•" t'>ie»y ol, 11 V fl» i T • • 1 I !• !• 1 ■• r P'lll lax notto t-naii It attect or uipinnsl? the validity or legality or any assess- aftoct n^sous- ment made and levied within ihc City of Halifax. K if ■fi I hi. [-m t meiit. >\l l\ J ;i I i ■ ■1:f.l I f r ratis in same mariii r as to city ratea. rayment of poll tax for school purposes cn- titioa payer to %oto. (17.) No error, informality or irrcf]jularity on tlie part of the City Council, the assessors or other civic officers, has aflTectctl or shall affect or prejudice the validity of any fjencval assessment made and levied in such city ; and no individual rate or assessn.ent has been or shall be prejudiced or affected by any error or irregularity which does not affect the amount of such rate. Tiie invalidity, illegality, or irregularity of any individual rate or assessment has not extended to, and shall not extend to, or affect the general assessment or any other individual rate or assessment. (18.) Section 354 of Chapter 81 of the Acts of 1804, entitled, *' An Act concerning the City of Ilalifajc," is amend- ed by substituting therein the words — " thirty-first day of July" for the words " thirtictli day of June ;" and Section 18 of Cliapter 30 of the Acts of 1874, entitled, "An. Act to amend the Law respecting Assessuicnts in the City of Hali- fax," is amended by inserting therein, after the words " notices of,"' the words " valuation and." (19.) In this Act the term " company" shall include any company or association, whether incorporated or not, doing business within the City of Halifax, other than an ordinary })rivate partnership or firm ; the term " assessor" shall include ward assessor and assistant ward assessors ; and the provisions of the existing law, with reference to ward assessors, shall, except where repugnant to this Act, apply to the ward as- sessor and assistant ward assessors hereinbefore provided for. (20.) Section 3()r) of Chapter 81 of tho Acts of 1804, Sections 8, 9, 11, 12 and' 13 of Chapter 30 of the Acts of 1874, and such other portions of the existing law as are in- consistent with this Act are repealed. O. 32, 1870. (7.) The provisions of Sections 341 and 342, of Chapter 81 of the Acts of 1804, entitled, " An Act concernip.g tiie City of Halifax," and of any subsequent enactments in amend- ment of or in addition to such ttvo sections, shall luM-caftcr ap[)ly to water rates in the same manner as to city rates. C. 8, 1873. (5.) Every male person of full age having been resident in the city six moutlis or upwards, immediutely previous to the levying of the assessment in any year, not being assessed to the amount of one dollar for the support of publiv> schools in respect of real or personal property, shall be afsessed in the sum of one dolliu- for the suj)i)ort c^f such schools dining the year ; but the City Council shall have p(j\ver to exempt from the payment of such assessment any person whom they may deem unable to pay the same ; and upon the production to the presiding officer of the receipt for suh payment, tho holder thereof shall be entitled to vote for mayor and alder- [ITLE v.] MISCELLANEOUS. 75 man at any election in the ward wherein such party resides, for the year wherein such paym-^nt shall have been made. C. 33, 1807. (2.') The City Council may assess upon tlic real and Monoy for ex- ^1 ^/-^i PI A- rxTTP pensea of Park perrional property or the rate-payers oi the City or llahrax, to to be assessed be added to the general assessment, the sum of four th()usand "f rate-payers^ (lolliu-f during the year one thousand eight hundred and seventy tlirec, for the purpose of clearing the grounds and putting the Park in order ; and may assess annually thereafter upon such property of rate-payers the sum of two thousand dollars, to keep up and maintain the Park, and to pay the wages of gate- keepers and other expenses connected with the maintenance of the Park ; such sum to be assessed, rated and levied, and the moneys herein allowed to be assessed, to be collected by the city treasurer at the same time, in the same way, and with tlic same remedies as ihe general assessment of the City of Halifax. C. 12, 1873. (7.) The City Council of Halifax are hereby authorized Assossmentu to anu cinpowereu 10 assess upon the mhabitants and upon tlie nada currency, property within the city each sum and sums of money in the currency of the Dominion of Canada as they have been ciunowered heretofore to assess in the old currency of Nova Scotia: provided, however, that this section shall not gi into Proviso, opcratio i un^" *he first day of May in this present year. C. 35, 1872. (2.) .After the passing of this Act, the water rates and Waterrnte!:, . • (»tc. collected monevs due from the inhabitants of the City of Halifax, and by Treasurer, all other moneys due for water supply to the water depart- «i'to'lfsue'war- nieiit of the corporation of such city shall be collected by and "■*"'* °'^'^"^^''*^*^- paid to the city treasurer ; and such treasurer is authorized to \ \ii\ic: warrants cf distress or to commence actions in any court to enforce and compel payment of such rates and moneys due from any persons, with the like powers as are granted to the treasurer for the collection of cit^, poor and county rates and taxe<. C. 34, 1^74. (2.) The widow of any deceased member of any of the "Widow? of . -, . i'a. . r-i'i 1111 members of U. |C()mpanies named m the hrst section of this Act KP.all bo k. ';.. u. i'. c, cxeiiiptod from taxation for civic })urposes on real and personal ?",,n,|,ted from Property to the value of five hundrtd dollars : provided pi'oof cMc'!Jmpose3 jean be shown that, at the time of the death of such member, ^^^"0""^of llie had served the full term of active service in any of such Icompanies. C. 30, 1875. m^ t \ t k # . \ { 1 ^'- ' J ij 1 '.j.,; it - \ : : k :, 1 .'■ ;. :^r\ i i 1 'S i ■ f I ^ ■ ■■ i $ 1 ■K |/^or (jeneral j^^'ovisions as to lonter rates^ see Title Vly Division V. i ' 1 76 CITY OF HALIFAX. [part I. TITLE VI. CITY WORKS AND PROPERTY. I. — Board of City Works. ^ onoaidorman n\ After the passinf; of this Act the water works and all from oacu ward, , ^. ■' i . i i i i f i caiiHd li.Kird of uusiness Connected with the water works department or tlie of City Works, City of Halifax, and also the making and repairing of the and nwuiw- °' Streets and street expenditure, drains and sewers «f such city, works'! sT^oete ^^'^ '*^^ dutics conucctcd with the sweepinir, drainins: and Sewors, City I'roperty, etc. Election of Cummissionera No person shall be olectfid by sweepin,;! watering of the streets of the said city and clearing away the snow and other like duties, and also the city property and the repairs, renting and management of city property, the collect- ing of the rents thereof and the control of the tenants thereof, shall be placed under the management and control of one alderman from each ward of the said city, to be called a Board of Commissioners of City Works, to be named nivl elected by the City Council of said city, the said election to take place on some day in October next, not later than the fifteenth day of that month, and not later than the fifteenth day of October in each succeeding year. C 34, 1872. (3.) No person shall be at the same time a Commissioner city"(jounc7i as of Scliools for the City of Halifax, elected by the City Coun- of°Scho()is"an(i cil? . id a member of the Board of Commissioners of ("!ty| Bo^doVworiis ^^^orks. Provided that this section shall not go into openi- atsamotime. tion until the first day of October in the present year ; and provided also that nothing in this section shall be construed to prevent any Commissioner of City Schools whose teniii of oflficc expires on the first day of November in any year, and who may be chosen as a member of the Board of Com- missioners of City Works at the election of such commis- sioners which takes place in the month of October in sueli vear, from continuimj; to act as such commissioner of schooL^I until such first day of November. C. 31, 1874, Re-eipcticn of M \ jt gjj.^]! ^q tj^ ^\^^^^y q^' j-jj^. (.jfy eouncil , at the elccti'^n I Commissioners n ,-, . . . . of City Works, of t!ie board of Commissioners of City Works which shall tiKe ])lace in the month of Octol)er in the present year, and at c\( rvj succeeding annual election of such board, to re-elect t\\'<> the commissiouers of the preceding civic year, if so many such commissioners shall continue to be members of the Ciivl Council, Nothing herein contained shall prevent the jc'-eloi'-| tion of anv greater number of the outgoing members of sik'!i| Board. 0. i>, 1873. frART I. ■ , n *- ■ TITLE VI.J BOARD OF CITY WORKS. 77 (2.) The said commissioners, and any commissioner to be commi^ionors hereafter elected by tlie City Council, during the year for two-tiiird'vou." which they or he ma}' have been elected, shall be removable j;y a vote of at least two-thirds of the whole council. (3.) It shall be the duty of such commissioners to be such commis- aj)pointed under this Act, but subject to the control of the city out"provision"^ council, to carry out the provisions of this Act, and to do all j'/c't'tJ,'^:^,';*'^^"^^ things which shall be necessary, connected with the water ^"^ ^""""•^'^• department and the street service and the management of the city property of the said City of Halifax. C4.) The nomination of a chairman of the said Board of Nomination ^ ^ < . * 1 I , 1 • 1 • • r ^ •"•" cll'CtlOU of Connnissioners is hereby vested m the commissioners ot the chairioan. said board ; but before he shall enter upon the duties of his office, his appointment as chairman shall be approved by the city council or a majority of the members thereof. In event of the council disapproving of the selection of the commis- sioners, power shall be vested in the council to appoint a chair- man. It shall be the duty of the chairman to preside at all Duty of chair- meetings of the board and exercise a general supervision of"'*"" all proceedings under this Act, or any statute relating to water works or streets or city property of the City of Halifax, or of any ordinance of the city relating to the same. (5.) The said commissioners, subject to the control of the rowers of com- said city council, are hereby clothed with all powers and arc^ authorized to exercise the same powers and perform all such acts which were heretofore entrusted to and performed and exercised by the Commissioners of Water supply, the Com- mittee of Streets, the Internal Health Committee, and the Committee of City Property of the City of Halifax, by any statuate or by-law. (6.) The City Council are hereby empowered to appoint City council to 11^,,/ ■■ "' 1 , '' '■ ^ ill apriomt officers all orhcers and employees who are necessary to act and be and employees employed by or under the said Board of Commissioners, and climmissionerB. to name and establish the several amounts to be allowed and paid to them respectively for their services. (8.) From and after the thiitieth day of September in this rowers, autho- ^ ^^ ^, ^, .. '' ^ ^.' 1 1 i- rities and duties pixvjnt year, the powers, authorities, junctions and duties of certain ofii- now had, exercised and performed by such commissioners of*^^'"* o sie . water supply and other officers and duties enumerated in the first and fiftli sections of this Act, including the city architect, are hereby abolished. C. 34, 1872. ( 1 .) The Board of Commissioners of City Works, creatcl Remuneration by Chapter 34 of the Acts of 1872, entitled, «' An Act res- .•^J.^oTclir"''' peoting the City of Halifax," shall be entitled to receive a^'"'"- )' "=;t the owner of the property in the name of the City of naln;-.\. In the same manner as any debt due to the city. C 50, Idi J. ( 2. ) The owner or occupier of overy vacant lot abutting vacant lots on any street, lane, road, or other highway within the City of street" ?o*bo Halifax shall fence in the same within six days after receiving ^^°°''^ ^" notice to that effect from the City Engineer ; and shall keep and maintain such fence in perfect repair to the satisfaction of such Engineer. (3.) Every such fence, if closely boarded, shall be not less HeiRhtof such than six feet in height. If of any other description it shall be ^'^^' sufficient to protect the street and the public from all nuisance or inconvenience, but shall in no case be of less height than five feet. (4.) Any person violating the provisions of the two next Penalty for vio- preceding sections of this Act shall, upon conviction before sions ofthis Act the Stipendiary Magistrate or other officer presiding at the Police office, forfeit and pay a penalty not exceeding fifty dollars for each oflfence ; and in default of payment a warrant of distraint shall issue against the goodo and chattels of the offender for the amount ; and if no such goods and chattels be found then the oflfender shall be imprisoned for a period not to exceed three months. The fine, if paid, shall be paid into the city funds of the City of Halifax. C. 9, 1873. (1.) Hereafter all persons bringing into the City of Hali- ducema''be fax hay, straw, or other country produce in carts, waggons, sold in street*, sleds or other conveyances, may expose for sale and sell the , = f 4 % ''^. 86 CITY OF HALIFAX. [part I. I'rovisc . same in such carts, waggons, sleds or conveyances upon the streets of the city, any provision of the Act of Incorporation, or any by-hiw or ordinances of the City of Halifax to the contrary notNv^ithstanding ; and every such provision, by-law and ordinance, so far as the same is inconsistent with this Act, is hereby repealed: provided that at least one half of the street, exclusive of the side-walk shall be left clear and unobstructed. G. 46, 1863. m 11 'M City may bor- row 81'-' Oon ad- ditional fur Streets. See Sec. 291, C. 81, 18(54. Money to be ob- tained by tenders. Certificates— how drawn and transferred. Repavmont. (S.cSecl.C.OO, 18G5, ante.) Loan to bo a charge on City. itililil' Street Loans, <&'c. (1.) In order to lay down durable and substantial side- walks and street crossings and to defray the expenses thereof, the City of Halifax shall have power to borrow on the credit of the city, in addition to the sum already borrowed, the sum of twelve thousand dollars, at a rate of interest not tr exceed six per cent, per annum, to be paid and expended by the City Council, or under the directions of the committee of streets, to lay down side- walks and street crossings ; provided always that not less than one twentieth portion of the capital sum of twelve thousand dollars, in addition to the accruing interest, shall be paid off annually until the whole debt is liquidated. (2.) Such loan may be obtained at once or in portions, from time to time, as the City Council may decide. Tenders for the money shall be advertised for in two or more of the newspapers published in the city, for one month ; and the tender expressing the lowest rate of interest shall be preferred. (3.) The lenders shall receive for every four hundred dollars so lent, a certificate under the city seal, signed by the mayor and countersigned by the city clerk, drawn in favor of such lenders, their endorsees or assigns, specifying the terms of loan and rate of interest, such interest to be payable half- yearly. The certificate shall be transferable by an endorse- ment of the holder's signature, in the same manner as a promissory note. G. 90, 1865. 295. The principal moneys of such loan shall be repaid to the lender or lenders within twenty years from the date of the loan ; but the city may at its option pay off all or any such certificates, in whole or in part, at the end of the first five years, and after that period at any time on six months notice. 296. The loan hereby authorized and interest, shall be a charge on the funds, revenues and property of the city gene- rally, until the same is fully satisfied and discharged ; and the interest may at any time be included in the general assess- ment annually made on the city. rally, said loj (6.) shall b( of Kali able pr the ann ao sonal ] added doHars seventy chased of the I (2.) perty ( shall be be colk same wr ment of TITLE TI.] STREETS. 87 asscss- (l.) The City of Halifax is authorized and empowered to city authorized borf^w, on the credit of the city and the security of this Act, «6ooo. a sum of money not to exceed in the whole five thousand dollars, at a rate not to exceed six per centum per annum, to be expended by the City Council or under their directions in paying owners of property taken for right of way, prose- cuting the necessary works, or Tor other requisite purposes in extending and completing Queen Street. (2.) The loan may bo obtained at once or in portions, Tondcrs for tho /. /• , i- \ r\' r~i •! 1 •! rn ^ monoy to lie ad- from time to tune, as the Lity Council may decide. 1 cnders vertised for. for the money shall be advertised for in two or more of the newspapers published in the city, for one month ; and the tenders shall be submitted to the City Council. (3.) The lenders shall receive for all amounts not less ^idors tore- than five hundred dollars so lent, debentures under the city bentures. seal, signed by the mayor and city treasurer, and countersigned by the city clerk, with coupons attached and transferable without endorsement. (4.) The principal moneys of such loan shall berepaid toRppaymentof the lenders within fifty years from the date of the loan ; but mon«ys. the city may, at its option, pay off such certificates in whole or in part at the end of the first three years, and after that period at any time on si:: months notice, may pay off the whole or r^ny part thereof. (5.) The loan hereby authorized and interest shall be a Loan to be a charge on the funds, revenues and property of the city gene- cuy!'^ rally, until the same is fully satisfied and discharged ; and the said loan shall be free and exempt from all rates and taxes. (G.) The interest upon the loan sanctioned by this Actraymentofin- torc'st shall be paid to the lenders thereof half-yearly ; and the City of Halifax is authorized to levy such interest upon the rate- able property in such city, and to add the amount thereof to the annual general assessment of such city. C. 11, 1873. (1 .) The City Council may assess upon the real and per- Council may sonal property of the rate-payers of the City of Halifax, to be Btoiiiepurciuued added to the general assessment, the sum of four thousand dollars, during the year one thousand eight hundred and seventy-six, for the purpose of paying for broken stone pur- chased or to be purchased from the Association for the Relief of the Poor. (2.) Such sum shall be assessed and levied upon the pro- ii'. |t'^ r: i 88 CITY OF HALIFAX. LocJcman Street Extenion, [part 1. City of Halifax iiutliorizod to borrow 3|I100,000 lit fi per cent in- terest. Loan to be ob- tained in por- tions or at oncp. Tenders. 1 lenders to re- ceive debentures Principal to be paid within Mty years. Loan to be a cliarge on City property and revenues, but exempt from rates. Worlfs to be performed under supervi- sion of City Council. I'reamble. (1.) It being deemed for the public advantage to extend Lockman Street, within the City of Halifax ; for the purpose of carrying out the design, the City of Halifax is authorized and empowered to borrow on the credit of the city and the security of this Act, a sum or sums of money not to exceed in the whole One hundred thousand dollars, at a rate of interest not to exceed six per centum per annum, to be expended by the City Council or under their directions in paying owncis of properties, prosecuting the necessary works, or other requisite purposes in extending and completing the said street. (2.) The loan may be obtained at once or in portions, from time to time, as the City Council may decide. Tenders for the money shall be advertised for in two or more of the newspapers published in the city, for one month ; and the tenders shall be submitted to the City Council. (3.) The lenders shall receive, for all amounts not less than one hundred dollars so lent, debentures under the city seal, signed by the mayor and city treasurer, and countersigned by the city clerk, with coupons attached and transferable without endorsement. (4.^ The principal moneys of such loan shall be repaid to the lenders within fifty years from the date of the loan ; but the city may, at its option,* pay oft' such certificates, in whole or in part, at the end of the first three years, and after that period at any time on six months notice may pay off" the whole or any part thereof. (5.) The loan hereby authorized and interest shall be a charge on the funds, revenues and property of the city gene- rally, until the same is fully satisfied and discharged ; and the said loan shall be free .and exempt from all city rates and taxes. (6.) The works contemplated, when performed under this Act, in the extension of Lockman Street, shall be performed by such person or persons, and under such supervision as the City Council may appoint and direct, and the council shall decide upon the remuneration of such persons or supervisors. C. 24, 1869. Whereas, a survey and appraisement have been made and confirmed by the City Council of the City of Halifax for the extension of Lockman Street, under the authority of Chapter 81 of the Acts of 1864 ; under which survey and appraise- ment and confirmation thereof such extension has been partly completed ; 'Ur- i| TITLE VI.] STREETS. 89 • And whereas, 'jer'ain parties, resitling or owning property on such extcnsijn, arc dissatisfied with the amounts awarded them ; and some of them have taken proceedings against the City of Halifax, and atjainst the coraniissioners, or persons appointed by the City Council of such city, with respect to the same : And whereas, some doubts exist as to the legality of some of the proceedings taken by such city, or the persons ap- pointed by the City Council, in opening and extending such street : Be it therefore enacted, by the Governor, Council and Assembly, as follows : '1.) The said survey and appraisement, and confirmation thereof, heretofore had, and all proceedings thereunder, by the City Council of Halifax, or persons appointed by such City Council, are hereby declared legal and valid ; and the title to the lands so laid out for such street by such survey and appraisement, is hereby absolutely vested in the said City of Halifax, provided the provisions of said Act have been complied v/ith. (2.) A new appraisement or arbitration shall be had between the City of Halifax and the parties dissatisfied as aforesaid ; the appraisers or arbitrators, in each case of dis- satisfaction, to be three in number, and to be appointed within fourteen days from the passing of thi^i Act, in the following manner : One to be appointed by the City Council of such City of Halifax ; one by the party dissatisfied with the former award; and the third by such two appraisers or arbitrators, or, in case they Ctmnot agree, by the Governor in Council, who shall appoint such third arbitrator within six days from the time of such disagreenicnt, having first had notice of such disagreement. In case of disagreement by the two arbitrators or appraisers in the selection of ouch third appraiser or arbi- trator, either party may immediately apply to the Provincial Secretary to have such third arbitrator appointed by the Governor in Council ; and the award of such appraisers or arbitrators shall be made within sixty days after the appoint- ment of such third appraiser or arbitrator. (3.) Such appraisers or arbitrators shall not be persons resident or owning property either on Lockman Street or on the proposed extension thereof; but may be citizens of Halifax, or other persons. (4.) Such appraisers or arbitrators, by notice in writing, signed by any two of them and served personally if prac- ticable, or left at the office or dwelling house of such dissatis- fied party, shall notify him of the time and place, when and where they will proceed with such appraisement ; such notice Certain pro- ccv.dings con- Urmed. New arbitration shall be had. »3 Arbitrators not to oe persons owning proper- ty on Lockiuan Street. Proceedings ol Arbitratum. PO CITY OF HALIFAX. [part I. I TITLE ! '■\- Arbitrntora f hill I njipraiso ttccordingto notice given. Award shall be Una). All snita to bo referred to the Arbitrators. City may bor- row 820,000. Authority for assessment. Asspsoment to be added to gen- eral assessment. to be served at least forty-eight hours before such ap])raise- mcnt shall take place. Either party in contest may rofniire the other by notice in writing to appoint his or their aibitnitors within ten days of the service of such notice ; and in default of such appointment the other arbitrator shall proceed ex parte and make his award ; and all awards shall be made and filed within sixty days from the date of such first notification by citlicr party. (5.) Such appraisers or arbitrators, shall, at the time and place mentioned in such notice, proceed to examine the ]>ro- perty and appraise the damages to be paid to such dissatisfied person above referred to, for the lands taken or to be taken, or buildings, walls, or other erections, which have been or may be removed or destroyed, in whole or in p;;rt ; and the sum so awarded shall be forthwith paid to the party. (().) The award or appraisement of such arbitrators or appraisers, or any two of them, in each case, when made as above, and filed in the office of the city clerk, shall be final and conclusive between the parties. (7.) All actions, suits or other proceedings that are now commenced, or may be commenced before the final passing of this Act, shall be referred to appraisers or arbitrators to be appointed for each case, as hereinbefore provided ; and they shall have full power to settle and dis[)ose of the same, and of the costs connected therewith when taxed by a judge of the Suj)reme Court ; and any retaining fees already advanced to their attorneys shall also be allowed as part of the costs aforesaid. (8.) The City of Halifax is hereby authorized to borrow, on the credit of such city, a further sum or sums of money, not to exceed in the \/hole the sum of Twenty thousand dollars, for the same purposes, and in the same manner, and subject to the same provisions, as are expressed in Chapter 24 of the Acts of 1860, entitled, «' An Act to enable the City of Halifax to extend Lockman Street," The interest upon the loan obtained under this section of this Act shall be paid to the lenders thereof half-yearly ; and the said city is hereby authorized to levy the same upon the rateable pro- perty in such city, and add the amount thereof to the annual General Assessment of such City of Halifsix. C. 38, 1870. (1.) The City Council of the City of Halifax are heicl)y empowered to assess the rate-payers of the city for the yearly interest payable or to be paid on the sum of One hundred thousand dollars, borrowed on the credit of the city, as authorized by Chapter 24 of the Acts of 1869. (2.) The assessment to be made under the above section shall be added to the General Assessment of the City of n TITLE VI.] STREETS. Halifax, and sliall be rated, collected and levied In the same manner, at the Hame time, and by the same process as snch (loniMal Assessment, and shall be paid to the city treasurer. C. 48, 1870. (1.) The City of Halifax Is hereby authorized to borrow on the credit of such city and the security of this Act, a fur- ther 8um or sums of money, not exceeding In the whole the sum of twelve thousand dollars, for the same purposes and in the same mannc, Jind subject to the same provisions as ara expressed in Chapter 24 t)f the Acts of ISfii), entitled, " An Act to enal)le the City of Halifax to extend Lockman Street." (2.) The Interest upon the loan sanctioned by this Act shall be paid to the lenders thereof half yearly ; and the City of Halifax is authorized to levy such interest upon the rate- able property In such city, and to add the amount thereof to tiie anriual General Assessment of such city. O. 26, 1871. Whereas, doubts have arisen as to the construction of Sec- tion 7 of Chapter 38 of the Acts of 1870, entitled, " An Act respecting the Extension of Lockman Street in the City of Halifax." Be It declared and enacted, by the Governor, Coimcil, and Assembly, as follows : (1.) The words •' retaining fees already advanced to their attorneys," in the concluding part of such seventh section are hereby declared to mean all such sums of money as may have been actually paid by the suitors before the passing of the Act of which this is an amendment, and which shall appear to .any judge of the Supreme Court to have been actually paid as aforesaid ; or such reasonable counsel fees, when not actually paid, as the suitors ought to pay according to the nature and extent of the services performed, to be allowed by such judge. C. 21, 1871. (1.) The City Council of Halifax are hereby authorized to apply any balance of moneys now in the city treasury, which Is at the credit of the Lockman Street Extension, to such public works of the city as they may deem for the interests of the city, or to order such balance to be paid into the treasury of such city, to be used in amending and repair- ing the old parts of Lockman Street in such city, in such proportions as the City Council shall approve by resolution on receiving an estimate of the work required on such street. (2.) So much of Chpater 24 of the Acts of 18G9, entitled ''An Act to enable the City of Halifax to extend Lockman Street;" and of Chapter 26 of the Acts of 1871, entitled, " An Act respecting the Extension of Lockman Street," and of any other Act as is inconsistent with this Act is repealed. 0. 10, 1873. City ttinv bor- row iSl'i'.OOO ad- lUtiouui. InfiTPat t > J)(' paid liali-.. I'lirly ProaniblG. Dofiniti 11 ot" last part nCscc 7, c. 38, is;o. Inconsistent law repealed. Applicati'Mi of t balance power to inako and r('i)alr druiuH and sewers. H(.!iranf City WiirkH, by dir- ection of City Council, may order repair of sewers. Tublio notice to be given by such board. Repeal and substitution. Concerning pe- titions for con- struction of common sewers. (1.) The City Council sliall have power to repair and improve drains and sewern, to hiy out, excavate and complete new drains and sewers, and to make bye-laws and regulations for protectinf^ and keepin ^^^ ^^'^^^^ ^^^^ dcsceut, and (where required) with Engineer. gucjj strainers, as the city engineer, under the direction of the aforesaid board, shall require ; and such drains shall not, under any pretext, be closed or covered up until examined and approved by the proper officer. Entry of private i^') -^^^ private drains must enter the common sewer at drains into com- jjg hio;h a Icvcl 38 possiblc, and shall never be less (except mon sewers. o * .' ini -n where the common sewer is constructed or earthenware pipes) than one foot above the invert or lowest p..''t of such common sewer. The manner of piercing or opening into any common sewer, and the form7 size and materials of which connections therewith shall be made and composed, shall be subject to the direction of the board and the approval of the city engineer. Issue of forms of (9') The Board of Commissioners of City Works, with permus to break the sanction of the City Council, shall have power to issue 8oii of streets, forms of application and permits to break the soil of any street or thoroughfare for the purpose of laying private drains ; and *! 5 1 such (lone )iint of 1011, of ) with m of the 11 not, unined iwer at (except Q pipes) oniinon omnion lections t to the ineer. , with ,0 issue y street s ; and TITLT5 VI.] SEWERS. 95 iiKiv impose such terms, conditions or re{];uhitions, as in the jud^^ment of the board and City Council are necessary ; and any infrin/i^ement of Buch terms, conditions or rcguhitiona ti'.idl be deemed a. vi'-^'^^''*"'"'"- ccrning the City of Halifax, shall not apply to such deben- tures.") C. 14, 1873. (1.) In addition to the money already borrowed, it shall '^'ty council be lawful for the City Council of Halifax to borrow on the borrow ndcii- credit of the City of Halifax, by means of debentures to be fo^'sj.w^ragj issued for that purpose, a further sum of forty thousand dollars, P'""p°8'"*- to be applied exclusively to the construction and repairs of common sewers and drains, and any necessary work connected therewith, under the provisions of the existing laws regarding sewers in said city. (3.) In order to effect such loan the City Council are P«''?<'"t"r'>3 to hereby authorized to make and issue, from time to time as tliey may deem expedient, debentures of not less than five hundred dollars each, with coupons attached for the payment of inter- est, the principal to be redeemable in twenty-five years, bearing interest at a rate not to exceed seven per centum per annum, the interest to be paid half-yearly. (3.) The debentures authorized under this Act shall be DobontnroH, by signed by the Mayor and countersigned by the Treasurer of^''*"'"8'sned. the City of Halifax, and verified by the city seal. (4. ) The loan hereby authorized and the interest shall be li""*" *» i>? , 1 xi i* 1 1 ^ x'..i '^ charge on funds, a charge on the tunds, revenues and property ot the city gene-otc, or city, rally until the same is fully satisfied and discharged. (5) The money which may be required to pay the interest interest to bo upon the debentures to be issued under this Act shall be annu-ed. ally assessed upon tlie rate-payers of the said city by the city council, and shall be included in the general assessment, and be collected by the city treasurer. C. 40, 1875. (1.) It shall be lawful for the City Council to order the council may ^ . ^- ,, • . o • make, alter or construction, alteration or repairer a common sewer in ciny mpair sewer street or elsewhere in such city, although any petition in potitroli.'"'^ accordance with the provisions of Chapter 14 of the Acts of 1873, entitled, "An Act respecting sewers in the City of Halifax," or of Chapter 32 of the Acts of 1874, entitled, " An Act to amend the Act respecting Sewers in the City of Halifax," has not been, or shall not be presented to such council. (2.) In any case where the City Council shall determine Council to as- to construct a common sewer in any street, without a petition orsewor^amos such as is requii'ed by the Acts mentioned in the preceding °*^°^"^'"' *''*'• section, they shall ascertain through the city engineer or other officer of such council, or of the board of commissioners of city works, the distance measured along such street between 7 m'' «•■ ^ *' t m ^> i i'i . ! 98 CITY OF HALIFiVX. [part I. Such gpwcr,how paid for. Moneys pnyable by owners, how collected. Lien on pro- perty. City to bear cost of stnver in city l)roperty. No exemption from bowerago rates. 'Street' defined, Certain law ap- plicable. Inconsistent law repealed. City may pitr- cliasp water works. the points between which such sewer is to be constructed, tlie names of the owners on cither side of the street, and the frontage of the property of each of such owners thereon ; uiul each such owner shall pay to the city the sum of one dollar and twenty-five cents, for each and every lineal foot of his projierty fronting on such street. The remaining expense of the construction of such sewer shall be borne and paid by the city. (3.) The moneys to be paid by property owners under the second section thall be due and payable, and the city may sue therefor upon the completion of the construction of the sewer ; and the parties owning the properties at the time of the com- pletion of the construction of the sewer shall be liable therefor, and shall receive fourteen days notice from the beard of com- missioners of city works of the sums payable by their res{)ec- tive properties ; and the liabilities so incurred shall be a liist lien on the property of such owners. (4.) In cases where a sewer is required which shall run through property of the city other than a street, the entire cost of the construction of such portion thereof as shall bo in such city property shall be borne by the city. (5.) No property whatsoever liable for sewerage rat:?, under this Act or any other enactment, shall be relieved from payment of the same under any circumstances. (().) In this Act the term " street" shall include street, lane, highway, court and thoroughfare. (7.) The provisions not heretofore repealed of Chapter 14 of the Acts of 1873, and the provisions of Chapter 32 of the Acts of 1874, and of Chapter 40 of the Acts of 1875, shall, except wlicre inconsistent with the first four sections of this Act, apply to sewers constructed in accordance with the provisions of such four sections. (8.) So much of the three last mentioned Acts, or of any other Act, as is inconsistent with this Act is repealed. a 37, 1876. V. — ^Water. 598. Immediately after the passing of this Act it shall be lawful for the City of Halifax to purchase from the Halifiu Water Company the real and personal property, heredita- ments, rights and privileges of such company, at such price as may be mutually agreed upon between the City Council and the company, and upon such sale thereof made by the com- pany, all and singular the property, works, rights, revenues, and hereditaments, and all other property of the company shall become absolutely vested ia the City of Halifax ; and all TITLE VI.] WATER, 99 powers and privileges conferred upon the company by the Act naysed on the nineteenth day of April, in the year one thoii- siind eight hundred and forty-four, or by any subsequent Act, shall be transferred, by virtue of such sale, to the City of Halifax ; and it shall be lawful also for the City of Halifax to proceed for recovery of any arrears or moneys due to the company at the time of such transfer, or which may subse- quently fall due under and by virtue of any contracts and agreements made with the compan" prior to such transfer, by distress and sale, in manner hereir. -Ver provided. GOl. * * * * * It shall be the duty of such com- Dutios of Com- missioners (of water supply), but subject to the control of the """'*"*"'''"■ city council, to carry out the provisions of the Act hereby amended, and to do all things necessary to provide for the City of Halifax a sufficient supply of water for the use of the inhabitants, the purposes of the fire department and other services of the city.f 002. ***** It shall be the duty of the chair- Duties of Chair man to preside at an meetings of the board, and to exercise a general supervision of all proceedings under this Chapter, or of any ordinance of the city, or bye-laws of the coinmis- eioners in jjursuance thereof. (533. The commissioners shalNhave full power, from time Commissionprs to time, to make such bye-laws, rules and regulations, (sub- laws ami fmpo» ject to the sanction of the City Council) as to them shall seem p*'"'''""*" requisite and necessary for regulating the supply of water, and the payment and collection of the water rates, and for preventing any person supplied with water from wasting, vending or improperly disposing of the same ; and regarding every other matter or thing which it may be necessary or expedient for them to regulate or direct in carrying out the purposes of this Act, and in order to secure the inhabitants of the city a continued and abundant supply of pure and whole- some water, and to prevent frauds bei.ig practised upon the commissioners ; and the commissioners may enforce obser- vance of such bye-laws, rules or regulations, by shutting off the water, or by proceeding for the recovery of any penalty attached to the violation of such bye-laws, rules or regula- tions : provided that all such penalties shall be established by ordinance of the City Council, and shall not exceed forty dollars or one month's imprisonment. 1. The City Council of Halifax or the Board of Commis-CoundiorCom^^ sioners of City Works are authorized to direct and cause the ti^rn^ff water. tNoTE.— Sections 599, 600, 603, and parts of 601 and 602, were repealed by Chapter 84 of the Aots of 1872, establishiDg the Board of Commissioners of City Works. 100 CITY OF HALIFAX. [part I. :|, '■*' W- Council may make ordinan- ces, etc., rela- tive to water. Meetings. Extension oi' works. Service pipes, by whom laid, eio. Assessment of rates, etc. water to be turned off for non-payment of water rates, or for any violation of the laws, ordinancea, bye-laws or regulations res^pecting the water or water works of the City of Halifax. 5. The City Council shall have full power from time to time to make such ordinances, bye-laws, rules and regula- tions, as to such council shall seem requisite and necessary for regulating the supply of water, and the payment and col- lection of water rates, and the manner and form of issuing warrants therefor, and for preventing any person supplied with water from wasting, vending or improperly disposing of the same ; and also regarding every other matter or thing which may be necessary or expedient to regulate or direct the carrying out the purposes, objects and provisions of the portions of such Chapter 81 of the Acts of 1864, which relate to water supply and water rates, and of any other Acts res- pecting water supply or water rates in the City of Halifax. C. 34, 1876. 604. The commissioners shall hold a general meeting for the transaction of business, at least once in each month. G05. The commissioners, with the sanction of the city council, may from time to time, at such times as they may deem expedient, improve, extend and enlarge the water works of the city, or make and construct new works and lay new pipes, and do all things necessary to aiford a sufficient supply of water. 606. The service pipes for water supply to houses, build- ings or establishments shall be carried by the commissioners, at the public expense, from the mains to the side line of the streets, when it shall seem expedient to the commissioners to lay such pipes, or when required so to do by notice in writing from the owner of any house or building opposite to which a main is laid, and such service pipes at the same time shall he carried through the wall of the house to which water is to he supplied, upon permission being first obtained from the pro- prietor or tenant of such house ; and all beyond that distance at the expense of the owners or tenants for life, or for renew- able terms, or for a term exceeding five years, of the premises so supplied. 607. Wherever good and sufficient mains for the supply of water to dwellings or other houses or establishments al- ready exist, and likewise wherever the same shall be laid down ready for the use of dwellings, houses or establishments within the city, the owners in fee or leaseholders for renew- able terms or for life, or a term exceeding five years;, of any land or tenements through or along which such mains shall pass, sliall, whether the water be taken or used on the pre- mises or not, be respectively assessed for the same iu each j TITLE VI.] WATER. 101 year, on a scale to be fixed and determined by the city council ; c. 36. i876. s. 2. duo regard being had to the value, mode of occupation of the premises, and probable consumption of water in each case, (except steam-mills, manufactories, baths and hotels which siiall be rated by agreement with the parties) in which scale the several lots or premises assessed, whether occupied or vacant, shall be numbered and the rates assessed on each set down ; and if any person shall think himself aggrieved by Appeal. reason of such assessment, it shall be lawful for him to appeal therefrom to the city council of Halifax ; and the assessment siiall be amended in accordance with such order as may be therein made by the city council: provided that all such c. 36, 1876, s. 2. ap[)cals shall be made within thirty days after demand of the amount assessed shall have been made upon the party so appealing. (3. ) Section 608 of such Chapter 81 of the .\cts of 18G4 spc. cos, c. si, is repealed, and the following sul)stituted therefor : ' .repeani. 608. " The city treasurer shall, on the first day of August Treasuror to fiio in every year-, file in the office of the city clerk a copy of the ment." *****"*" assessment made in pursuance of the six hundred and seventh sect'f^'. (as amendedj ; and the assessment for water rates oUgo^^n****^"'* real estate in the city shall be on the same value and amount as the assessment returned each year by the city inspector of assessment to the city council for the general rates and taxes of the city." (4.^ Section 609 of such Chanter 81 is repealed, and the Sec. 609, c. 81, fll • U ^-^ * 1 *1 i- 18G4, repealed. tollowmg substituted therefor : 609. "The owners or leaseholders for life, renewable Wharvps and terms or a term exceeding five years, of wharves within the rated, district supplied with water, shall be rated upon a separate scale to be fixed by the city council as provided in the six hundred and seventh section (as amended) ; and the board of commissioners of city works may make such special agree- ments as to them shall seem best for supplying with water the shipping in the harbor of Halifax." (J. 34, 1876. (7.) The provisions of Sections 341 and 342 of Chapter Certain law to 01P1 4 n t L\r» I '11 4 4 • 1 apply Iioreauer ol ot the Acts of 1864, entitled, " An Act concerning t lie <> water rates in City of Halifax" and of any subsequent enactments in amend- to'cftyrate'r''^ ment of or in addition to such two sections, shall hereafter apply to water rates in the same manner as to city rates. t\ 8, 1873. 610. All churches and buildings used for public worship Churches, shall be exempt from taxation for water rate. (1.) Hereafter no property within the City of Halifax, ah property where good and sufficient mains arc laid, and on any part of rate.'' ^' ™ which l)uildings are erected, shall be exempt from water rates or assessment for fire purposes. G. 35, 1876. i 4- '•i l'\ iiii ! M; I 102 CITY OF HALFFAX. [part I. Pipes under sUlu-walks. Tf'Jiants to pay watiT ratfi. Hatos rccovpr- Sui vey of Streets. Oil. Whenever the committee of streets for the City of Halifax shall give notice in writing to the commissioners of water supply of the intention to lay clown new side-walks in any district of the city, it shall be the duty of the co»nniic>- sioners to proceed to lay down all such service pipes as shall be necessary for the supply of water to the several proi)erties embraced within the limits of the district defined by the com- mittee of streets. 004. The commissioners of water supply shall collect the water rate from the tenants in all cases of tenancy for a term of one year and upwards ; and the landlord shall only bo liable for such rates in case of tenancies for a shorter period. G12. Landlords who have let or leased their property, or ab o )y am ior( ^j^^ ^^^^ hereafter let or lease their property, although for less than five years, may recover from tenants the amount payable by them for water rates, in addition to the rent reserved. ol3. The commissioners shall employ a competent engi- neer to make surveys and plans of the streets within the City of Halifax, showing the surfiice of the streets as now existing, and the permanent levels to be hea'eafter made, which levels, when apj)roved by the city council, shall be and forever there- after remain the permanent levels ; and the plans shall then be filed in the office of the City Clerk of Halifax, and a copy in the Provincial Secretary's office, as public records 'of the same : provided that if the surveys and plans of the (Jity of Halifax already made be sufficient for the purposes herein contemplated, no additional surveys or plans shall be made or deemed neccssjiry under this section. 614. In the layhig down, construction, repairing and al- teration of any main service pipes, under the provisions of this Act, the commissioners, or any or either of them, and their servants, agents or workmen shall have full power, and they are hereby authorized from time to time, as occasior nay require, to enler upon any lands and tenements in the city, whether inhabited or otherwise ; and may remain thereon as long as they may deem requisite for the proper execution of the work ; and may make all such excavations on the premises as may be expedient, and take up and remove any floors, timber, planks, or any walls, fences or erections whatsoever, doing no unnecessary damage to the same, and carefully re- placing the same upon the requisite work being performed : provided that no such entry shall be made between the hours of sunset (fnd sunrise, nor without the permission of the owner or the occupant, if resident on the premises, being first requested ; but the refusal of such permission shall not pre- vent or delay the execution of the work. ProcaediriRS to lay down main pipeii. TITLE VI.] WATER. 103 015. In the event of any damage being done in tlie exe-Dnmairc^: how cution of the works contemplated by tliis Act, tlic city shall ^t^i'a''"""'^ ''"•* pay to the party sustaining the same such compensation as may be mutually agreed upon ; and in case such parties and commissioners should not agree, it shall be the duty of the commissioners, at the request of such party, to apply to some one of Her Majesty's justices of the peace of the City of Hali- fax for a warrant, which warrant such justice is hereby authorized and required to issue, commanding the sheriff or any constable in the city, to summon a jury of five disinter- ested freeholders, or occupiers of land in the city, to assess the damages to be paid to the party complaining. The jury gliall be sworn, and the sheriff or his deputy at such inquest ; and the verdict shall be binding, as well on the party com- plaining as on the city, which shall vvithin ten days thereafter pay to the party the amount assessed; the costs of suchcoMe. inquest to be taxed and allowed by the sheriff or his deputy, at the same rate as an ordinary inquest held before him, and shall be equally borne by the city council and the party com- plaining, whose moiety thereof shall be deducted and retained out of the amount of damages assessed. 016. Persons intending to build or erect any dwelling- Notice by por- house or building in any street of the city, shall, before pro- to'^uyid!""'"^ cecding with the work, give notice in writing to the commis- sioners of such intention, in order that the proper water supply may be provided > under direction of the commission- ers, during the progress of the work, and in case of neglect to give such notice, the party so neglecting shall forfeit and pay a penalty of twenty dollars ; and the commissioners shall forthwith proceed to execute the requisite works upon the premises at his ex[)cnse ; the costs of which, together Avith tlio penalty, shall be recovered in manner hereinafter provided. 018. All mains, hydrants, service-pipes and other works ripos property connected with water supply of the city, shall be deemed and or«. """"*"''*" taken to be the property of the commissioners for all legal purposes; and all wilful or malicious injuries to the same injury to. shall be deemed felony. 619. The assessments to be made under and by virtue of Assossmont and the six hundred and seventh section of this Act, as well as the I'llg ou'iands. penalties which may from time to time be incurred under and by virtue of the six hundred and nineteenth section of the same, shall be binding upon the respective lands and tene- ments specified in the scales of assessment prescribed by this Act, as well as on the respective owners and parties therein mentioned; and the same shall be recovered, with all inci- Recovery of. dental charges and expenses, by distress and sale of any goods and chattels of the owner or such Icaseliolder found it i-, .1 i (• ■ 1 r t ;. 1. 104 CITY OF HALIFAX. [part I. ! '.I' {dee S. 2, C. 34, 1874.) I'roviso. Wator rat PR, February in cacli year, send a report in writinp; to the eity council, to be included in the estimates for the current year. (!23. The cornniisaioners shall keep regular books of ac- Accounts, etc. count, in which shall be entered all moneys received and all sums disbursed from time to time, under the authority of this Act ; and they shall pay into the eity treasury every week all moneys received for water rates, and shall draw on the City Treasurer cheques for such sums as may be required to be prid out ; and they shall annually submit a detailed account, Audit, made up to the thirty-first day of December, with |)roper vouchers, to two or more auditors, to be appointed for that purpose by the city council, which auditors shall report thereon to the city council, who shall publish the same for the infor- mation of the public, on or before the thirty-first day of Alarch in each year. 024. The commissioners, and their officers and servants, T'rotoction .f , ,, , 1 iM • •' 1 • n 1 • ('oiniiiisiionore shall nave the Jike protection m the exercise or their respect- etc. ive offices, and in the execution of their duties, as justices of the peace now have under the laws of this Province. G25. The auditors appointed under this Act, in the eixp™",';;'"^*'"" 1111 1 • 1 • 1 11 • 1 •■" auditors. hundred and twentv-tlurd section, shall receive such remu- aeration as the city council may determine, not exceeding four dollars each for each day's actual employment in the duty assinturc« to authorized to make and issue from time to time as tliey may'"'*""''''' deem expedient, debentures of not less tlian five hundred (loHars each, with coui)ons attached for the payment of inter- est, the principal to be redeemable in twenty-five years, bear- ing interest at a rate not to exceed seven per centum j)er ^^ (DiHuniy the interest to be paid half-yearly. Qi.) The debentures autiiorized under this Act shall be i>t'bon turns t;igned by tl;e Mayor and countersigned by the Treasurer of the City of Halifax, and verified by the city seal. (4. ) The money which may be reciuired to nay the interest ^"♦•IT"* *'^J'" . Ill I . 1 1 1 •» 1 11 I 1 paid from fundi* upon tnctlebentures to i)e issued under this Act snail be taken the whole five thousand dollars, at a rate of interest not to alfd^supif'an'di^* exceed six per cent per annum, to be expended by the city ^"^"y ''•'i"*- council or under their direction, to repair the fish market and to repair and add to the slips attached to such market, and also to add to and put in proper condition the North and South Ferry Slips within such city : provided that nothing herein contained shall be construed to take away or affect the rights of the Crown or of any private persons whose land or lands covered with water are adjacent to such market and slips. (2.) The loan may be obtained at once or in portions from Manner of ob- tinie to time as the city council may decide. Tenders for the*^""""® "'''' money shall be advertised for in two or more of the newspapers published in the city, for one month, and the tender express- ing the lowest rate of interest shall be preferred ; or the city council may sell the debentures for such loan at auction to the highest bidder. (3.) The lenders shall receive for such loan, in sums ofintorest tobe one hundred dollars and five hundred dollars at their option, etc. debentures with coupons for interest attached, under the city seal, signed by the. mayor and city treasurer, and counter- signed by the city clerk, payable to bearer, specifying the terms of loan and rate of interest, such interest to be paid half-yearly. The debentures shall be transferable without endorsement ; and the interest shall be paid to the holders of the coupons upon the same being presented to the city treasurer. (4.) The principal moneys of such loan shall be repaid torrincipai the lenders within ten years from the date of the loan ; but mpaid in ten the city may at its option pay off such debentures, in whole or^'^''"" in part, at the end of five years ; and^ after that period at any time on six months notice may pay off the whole or any part thereof. (5.) The loan hereby authorized and interest shall be a Loan and inte- charge on the funds, revenues and property of the city gener- cimrgf! on pro- ally, until the same shall be fully satisfied and discharged. generai^y!'^ (6.) The city council are empowered to assess the rate- city council payers of such city for the yearly interest on the loan autho- i°os*yfor yearly rized by this Act. - '"'''^''*- 1 !fTrfn!fp •^ 'I R» " t » fill mii 112 CITY OF HALIFAX. [part I. Erection of Market Uouao authorized — site. Loan of £5000 at t) per cent authorized. May be obtain- ed at onco or in portions. Tenders. The assessment (7.) Thc assessment to be made under the last preceding section siiaii be section sliall bc added to the general assessment of the city, Lsessmcnt?"^'* a»d shall be rated, collected and levied in the same manner as such general assessment, and paid over to thc city treasurer. 0. 39, 1872. Marhet House. (1.) The City of Halifax arc authorized to erect a city market house, and other buildings and enclosures connected therewith, which may embrace all or any part of a parallelo- gram, bounded eastwardly by Water Street, northwardly by George Street, and westwardly by Bedford Row, and extend- ing southwardly from George Street one hundred and five feet. (2.) The City of Halifax shall have power to borrow, on the credit of the city, a sum or sums of money not to exceed in the whole five thousand pounds, at a rate of interest not exceeding six per cent, ^je/' annum, to be expended by thc City Council, or under their directions, in building such market house. (3.) The loan may be obtained .it once, or in portions, from time to time, as the city council may decide. Tenders for the money required shall be advertised for in two or more of the newspapers published in the city, for one month ; and the tender expressing the lowest rate of interest shall be pre- ferred. (4.) The lenders shall receive, for every one hundred pounds so lent, a certificate under the city seal, signed by thc mayor and countersigned by the city clerk, drawu in favor of such lenders, their endorsees and assigns, specifying the terms of loan and rate of interest — such interest payable half-yearly. These certificates shall be transferable, by an endorsement of the holder's signature, in the same manner as promissory notes. (5.) The principal moneys of such loan shall be repaid to the lenders or holders within ten years from the date of thc loan ; but thc city may, at its option, pay off such certificates, in whole or in part, at the end of the first five years, and after that period, at any time on six months notice, may pay off the whole, or any part thereof. (6.) Until the loan of five thousand pounds is fully paid off with interest, the rents and proceeds of the city market shall form a separate fund in the hands of the city treasurer, and shall be applied exclusively in the reduction and payment of the loan hereby authorized, with interest : — such rents and proceeds to be first applied to payment of the interest, and the residue to form a sinking fund to pay off the principal of the loan. Lenders to re- ceive certili- cates. Certilicatos transferable. Re-payment. Rents and pro-1 ceods of Market — liow applied^) #1 TITLE V!.] CITY PROPERTY. 113 (7.) The loan hereby authorized, and interest, shall, not- Re-payment withstanding, be a charge on the funds, revenues, and property *®''"^'^" of the city generally, until the same is fully satisfied and discharged. O. 34, 1853. [l.) The City of Halifax is authorized to erect buildings [".*"■*.'"? 5.^ /. 1 • 1 i 1 T%r 1 oi- 1 Market Slip of brick or stone on tlic JMarket blip property, upon the space property oa or portion thereof, bounded and described as follows : Begin- ^ect buuJiiigs^ ning at a point eighty feet four inches eastvvardly from the N. W. corner of the Beamish property called the Market Wharf, upon the division line agreed on between that propei'ty and the Market Slip grant, and extending towards the end of the sea wall recently erected, say ninety-six feet from East to West, and extending in width from North to South, over a width not to exceed thirty-two feet in any point. (2.) The City of Halifax shall have power to borrow on the city may bor- credit of the city a sun\ of money not to exceed, in the whole, bundtng!" '"'^ two thousand pounds, at a rate of interest not exceeding six per cent. j)er annum, clear interest, over and above all taxes and rates whatsoever, to be expended by the city council, or under their directions in putting up and completing such buildings. (3.j Tenders for this loan, in sums of not less than one Loan to be ad- hundred pounds each, shall be advertised for in two or more^'^'^ *^ ' of the newspapers published in the city, for one month ; and the tender expressing the lowest rate of interest, shall be preferred. (4.) The lender shall receive for every one hnndred j^^^^'^^**^^- pounds so lent a certificate under the city seal, signed by the mayor and countersigned by the city clerk, drawn in favor of such lender, his or her endorsees and assigns, specifying the terms of loan and rate of interest, such interest to be payable half-yearly. These certificates shall be transferable by an how transfer- endorsement of the holder's signature, in the same manner as "'*'®" promissory notes. (5.) The principal moneys of such loan shall be repaid ^•'•P^y™*'"*- to the lenders or holders within twenty years from the date of the loan. (6.) Until the loan shall be fully paid off, with interest, j!^PgS""o- all rents and profits received from the buildings so to be fits, erected, shall form a distinct and separate fund, in the hands of the city treasurer, and shall be applied exclusively in the redacting and repayment of loan, with interest ; such rents and profits to be first applied to payment of interest due, neces- sary repairs and insurance, and the residue to be a sinking fund to pay off the principal of the loan. (7.) At the end of five years the city shall have power to At end of five pay off the loan or any part thereof, and after that, may do so off "au.*^ ^*^ 8 114 CITY OF HALIFAX. [part I. I M ■ Sit ■' '.'■If ■• f'ity nropprty lioiinu for re- payment. Council may lot lot on building lease. M nv borrow »14',000. How appropri- uted. Tendera to bo advertised for. Certificates. l^oan— how repaid. Sinking fund. City property lialile for loan. at any time as respects the same, or any part thereof, on six months previous notice. (8.) The funds, property and revenue of the city, shall be bound, also, for payment of loan and interest. (9.) In case the city council shall not deem it expedient to erect a building on the lot, it shall be lawful for them to let the lot on a building lease, for a period not exceeding fifteen years. C. 47, 1860. (1.) The City of Halifax shall have power to borrow on the credit of the city, a sum of money not to exceed fourteen thousand dollars, at a rate of interest not exceeding six per cent, per annum ; and such money shall be appropriated to redeem and retire the debentures issued for building a IMarket House, under the 34th Chapter of the sixteenth of Victoria, 1853. (2.) Tenders for the money required shall be advertised for in two or more of the newspapers published in the city, for one month ; and the tender expressing the lowest rate of interest shall be preferred. (3.) The lenders shall receive for every four hundred dollars so lent, a certificate under the city seal, signed by the Mayor, and countersigned by the City Clerk, drawn in favor of such lenders, their endorsees and assigns, specifying the terms of loan and rate of interest, such interest payable half yearly. These certificates shall be transferable by an endorse- ment of the holder's signature, in the same manner as promis- sory notes. (4. ) The principal moneys of such loan shall be repaid to the lenders or holders M'ithin twenty years from the date of the loan ; but the city may, at its option, pay off such certifi- cates in whole or in part at the end of the first five years, and after that period, at any iime, on six months notice, may pay ofl' the whole or any part thereof; provided always, that not less than one-twentieth ' 'mrt of the capital sum of fourteen thousand dollars in addition to the accruing interest, shall bo paid ofl' annually until the whole debt is liquidated. (5.) Until the loan of fourteen thousand dollars is fully paid off, with interest, the rents and proceeds of the market shall form a separate fund in the hands of the City Treasurer, and shall be applied exclusively in the reduction and payment of the loan hereby authorized, with interest ; such rents and proceeds to be first applied to payment of the interest, and the residue to form a sinking fund to pay off the principal of the loan. (().) The loan hereby authorized, and interest shall, not- withstanding, be a charge on the funds, revenues and property 302. shall coi 303. hoard, a| city for 304. ing or sj to the ail pital, anf assess th| 305. the Cityl pective jl year, for| inspectoi TITLE VII.J BOARD OF HEALTH. 115 of the city generally, until the same is fully satisfied and discharged. C. 89, 1865. ( 1 . ) The city coundl are hereby authorized and empower- ed to alter the City Market House in Halifax, and to remove the butchers' stalls, so as to afford accommodation to those persons who vend vegetables within the city. (2,. ) The city council shall have authority to fix such rates for the occupation of such Market House, by such vendors of vegetables, as they may think proper. C. 83, 1867. (1.) The City Council of Halifax may, after the passing of this Act, use, appropriate, let or demise the southern portion or section of the building within the City of Halifax, known as the City Market House, in such manner and for such purposes as they may deem most beneficial and advisable for the interests of the corporation. (2.) So much of the existing law as is inconsistent with this Act is repealed. C. 44, 1875. . Citjr Couneil • may alter Mar- ket Uouse. May fix rates for occupatiou. City Council of Halifax may U8P soutlicrn por- tion of marlcct house. Inconsistent; law repealed. •I ri .1 TITLE VII. PUBLIC HEALTH. I. — Board of Health. 302. The mayor and aldermen of the City of Halifax Board of heaitii. shall constitute the Board of Health for the said city. 303. The city council shall appoint a clerk of the saidcicrk. board, aiAi make compensation to him out of the funds of the city for his services. 304. In case of any contagious or infectious disease exist- Expenditun or ing or spreading among the citizens, the council may expend ' to the amount of two thousand dollars in support of the hos- pital, and for the accommodation of the sick of the city, and assess the city for the sum expended. 305. The city council shall appoint health inspectors for natitii inspoc- tho City of Halifax, and shall define the limits of their res- ^'^"' pective jurisdiction ; and may fix the time, not to exceed one year, for which such appointment shall be in force. All such inspectors shall be sworn into office. 1:1 Kicti. (1. t - .4 * ' .# 5 ■ i a CITY OF HALIFAX. [part I. 'f City Council to be court. Unclcaned flali. Slaughter- bouses. I'enalty for ob- xtructiug ofdcer etc. Mayor and A I- dprmen may exercise duties of Heal til War- dons. City Council may expend necessary amounts to cleanse drains, etc. City Council may borrow on credit of city said amounts. City may be assessed for sums expended under this Act. 306. The city council shall constitute a court under this Chapter ; and all orders by the court shall be forthwith executed, notwithstanding any appeal- therefrom. 320. The city council or board of health may make orders for prohibiting the introduction into the city, and for prevent- ing the sale and the oft'ering for sale of any kind of uncleaned fish, and for preventing persons from throwing offal into any place likely to be offensive or dangerous to the public health. 331. The city council may from time to time make orders, fixing the extent and limits within which the slaughtering and dressing of animals for food shall be prohibited or con- ducted, under penalties not to exceed forty dollars for any one offence. 322. Any person who shall violate any of the orders made under this Chapter, or shall obstruct any officer acting in dis- charge of his duty, shall forfeit a sum not exceeding forty dollars, and on non-payment be imprisoned in the city prison for ninety days. (1.) The mayor and every alderman of the City of Hali- fax shall have, and may at his discretion exercise within the city all authority and duties of health wardens, under any law of the province or ordinances of the city, or sanitary rules, regulations or orders made or hereafter to be made by the governor in council or board of health. (4.) The city council are hereby authorized and empower- ed to lay out and expend such sums of money as shall be found necessary at any time, or from time to time, upon the presence or apprehension of contagious or epidemic disease, to thoroughly cleanse and purify, and keep clean, repair and put in order all sewers, drains, yards and places within the city, or to carry into effect all sanitary orders of the board of health or health wardens, or which shall be requisite to pro- tect the public health. (5.) The city council are hereby authorized and empower- ed to ttorrow on the credit of the City of Halifax, all such sums of money as. may from time to time be necessary for the purposes, and to carry out the objects contemplated in the last preceding section, such sums not to exceed five thousand dollars ; and the real and personal estate of the city shall be liable to the lenders for the re-payment of all moneys advanced under the authority of this Act. (6.) The city council are hereby authorized and empower- ed to assess, from time to time, the rate-payers of the city over and beyond the general assessment, for all sums borrowed or expended under the authority of this Act, — the assessment to be made by the city and ward assessors^ at the same time Tjmre TITLE VII.] CITY MEDICAL OFFICER. and in the same manner as the general assessment, and to be added to the then next general assessment roll, and to be collected at the same time and in the same manner as that assessment. C. 43, 1866. II. — City Medical Officer. 117 . $> : l: ■npowcr- all such for the in the housand shall be dvanced tnpower- the city »orrowed scssment me time (1.) The city medical officer elected by the city council of Halifax, in the month of February of the present year, and the surgeon to the city prison elected in October 1874, shall both go out of office in the month of October next, at the same time with the other city officials ; from and after which time the office of surgeon to the city prison shall cease to exist. The city council shall, in the present and every succeeding year, on the fifteenth day of October or other day fixed for the general election of city officials, elect a city medical officer, for the ensuing civic year, who shall be a legally qualified medical practitioner of not less than five years standing, and who shall hold office in the same manner and upon the same general terms as other city officials. (2.) Such city medical officer shall receive such yearly salary, not less than six hundred dollars and not exceeding one thousand dollars, as the city council may from time to time detei mine ; which shall be added to and paid out of the general assessment of the city. (3.) The duties of such city medical officer shall be : (1.) To perform the services now performed by the city medical officer and by the surgeon of the city prison. (2.) To act as the medical adviser of the board of health, the city council, the sanitary committee, and the health inspectors. (3.) To attend all meetings of the board of health, and, when requested by the chairman, of the sanitary committee. (4.) To visit when requested by the mayor, the chairman of police or other committee of the council, the city marshal, treasurer, clerk, engineer, or other head of a civic depart- ment policemen or other officials or employes of the city council, board of health or board of commissioners of city works, absent from duty on the ground or plea of ill health, and to report to the proper authority as to the nature of such illness. (5.) To attend gratuitously to policemen, firemen or other city officials or employes injured in the performance of their duties as such, and also to persons brought to the police station and requiring immediate medical attendance. City Medical OUicer and Sur- feon to City 'rhtm to go out of offlce in Octo- ber next. City medical tjflicor to bo an- nually elected in October. Salary of such medical uflicer. His duties. n 118 CITY OF HALIFAX. [part I. 'i ■i-j ll^ Ilia authority. Iloaltli oiHoiT imt to !)(• intcr- fon'd Willi. ((I.) To nttcnd at such times and places as the board of health or the sanitary connnlttee, >vith the approval of tho city council, may fix, for the i)urposo of vaccinatinir,»nnd to vaccinate free of charge, such persons as the hoard of heaUli may determine; and to f''■ 111 ..• 1 i." T ■■• • xi- • Struct i Mfj niedi- any city constable acting under his directions, in the execution cai o/iiccr. of any duty prescribed or contemplated by an order made under this Act, or who shall wilfully disobey any order of the medical officer made to carry out the objects of this Act, shall forfeit and pay for every offence, the sum of not less than four dollars nor more than forty dollars, to be recovered in the name of the City of Halifax, before the (Stipendiary Magistrate or^ the mayor and one alderman, or before any two aldermen of the city, to be paid into the civic treasury, or in default of payment, shall be confined in the city prison for a period not less than ten days nor more than ninety days. : 1 I ; .4 B 1 K. ■t R ^. f K ¥; - ■ \ III. — Health Inspectors. 307. Health Inspectors, for the purposes of this Chapter, Duties of in- shall have charge of all streets, highways, passages, vessels, ^^"^"^ ""' wharves, docks, wells, markets, and market places, common. CITY OF HALIFAX. • [part I. ' sewers, drains, vaults, privies, and other places, and shall cause all nuisances and filth to be removed therefrom or destroyed, and may open and enter all places where nuisance substance dangerous to public health, may be reasonably sus- peciud to exist ; subject, nevertheless, to the committee of streets of the city council, and to the control of the city council. Further duties. 308. Health inspectors shall execute and enforce all sanitary orders to them directed under this Chapter, in the several sections relating to infectious diseases and rabid animals. 309. Every health inspector shall be entitled to such adequate compensation for his services and for charges incurred about his duties, as the city council may allow. I'uf of Inspoc tors. IV. — Various Sanitary Regulations. Drains, etc. Penalty. I'rivies. How cleansed. Time of clean- sing. 310. Every dwelling hnnie within the City of Halifax shall be furnished with a suitable underground drain for car- rying off waste water ; also, with a suitable privy and under- ground vault attached thereto ; and the owner of such dwelling house who shall neglect to provide the same, shall forfeit a sum not exceeding eighty dollars. 311. All privies and vaults shall be built so that the inside shall be at least two feet from the line of the adjoining lot, unless by consent of the owner thereof in writing, and shall be at least two feet distant from every street, lane, court, square, public place, or public or private passage way. There shall be no communication between a privy and any public sewer or drain. Every vault shall be tight, and the contents shall be within two feet of the surface of the ground ; but the city council may give any other directions relative to their construction. 312. When any privy or vault shall be reported offensive by the health inspector ; the same within a reasonable time after notice in writing to that effect, given to the owner or his agent, or the occupant of the laad where situate, may be ordered by the city council or health warden to be cleansed and disinfected at the expense of the owners, agent, or occu- pant ; and in case of neglect, the same shall be done under the orders of the health inspector, w' ho shall recover double the expense, from the owner, agent or occupant, as a private debt. 313. No vault or privy shall be emptied without a permit from the health inspector ; and in no case between the fifteenth day of June and the fifteenth day of September, unless by TITLE VII.] VARIOUS SANITARY REGULATIONS. 121 order of the mayor, or in his absence, of the presiding aUlcr- maii, and then only in cases where it is absohitely necessary. ,'n4. All waste water shall be conveyed through drains Wtsto water, under ground to a common sewer, or to such reservoir as a health ins])ector shall appoint. 31/). When it shall appear to the city council that any Vacating of tenement used as a dwelling house is so unfit for that purpose that the public health is endangered thereby, the city council may make an order in writing for its being vacated within a reasonable time, to be therein prescribed ; which order shall be served upon the inmates, or left at such dwelling house ; and in case of disobedience thereto, or of a re-occupation of the dwelling house without a permit to that effect, the court may direct a warrant to the sheriff or constables, or health inspectors, to enforce compliance with thv terrr;s of such order. (3.) Whenever it shall appear to the City Council, Board Sh."ii.i,'v".'on- of Health, or health warden, that any dwelling house, build- '''''""- j'" '';''''• mg, cellar, lot ot land, vacant ground or premises, is in a to (.u-ims. m mc. state likely to endanger the public health, they shall cause a notice to be given to the owner or the occupant, if any ; and if there is no occupant, and the owner does not reside within the city, may give notice, by advertisement, in one or more public newspapers, requiring such owner or occupant forth- with to remove such cause of complaint, as in such notice prescribed ; and in case of neglect, the City Council or Board of Health shall order the same to be removed, and double the expense incurred in the removal and proceeding incident thereto shall be recovered by the city from the owner or occupant of the same, by proceeding in the Supreme Court or City Court, according to the amount. C. 43, 1806. 317. No person unless specially licensed in that behalf, Rf"'*|:i'*-'" «« shall put in any place on land or water, any offensive matter matters. or thing likely to endanger the public health, under a penalty I'enaity, .'tc. not exceeding twenty dollars for each offence ; and if any person shall suffer any such matter or thing to remain upon his premises, after notice in writing requiring him to move the same, the health inspector may remove the same, under the direction of the board of health, and at the charge of the owner or occupants of such place, and may recover double the expense as a private debt. 318. Any alderman of the City of Halifax, on the oath of How removed, one witness, may make an order in writing for the removal, burial or destruction of any offensive substance, being or likely to become a nuisance, in any place, or in any boat or vessel, and may direct the same to be done by the party occasioning the ofience, or by any other party Avhom the t i 1 : • ■ ,1 ".-, : 1 ^' 122 CITY OF HALIFAX. [PAUT I. (7nwlioloiomo rnoii. 5ill<' of fVc«l'. provision!!, oto. alderman nliall a))poiiit ; and tlio expense shall be recovered U8 in the order prescribed. .31!). Mo person shall sell or offer for sale, or have in his possession in a public or private market, or any other place, for the ])urpose of sah;, any unwholesome, stale or ])utnd article? of food, under a penalty not exceeding forty dollars ; and tlu; article may bo further seized and destroyed by the health inspector. 414. The city council may by bye-laws regulate the sale of fresh provisions of all kinds, and tlu; slaughtering of (tattle, sheep aiul swine, and may direct the destruction of all un- sound and unwholesome provisions, fish or meat ; and may enforce these objects by appointing clerks of the various markets, and other olficers, by bye-laws. ij ,■ Noxious ordan- 5()(). Slau<>:Jiter-houscs, soap and candle manufactories, [1 rlll (itTousiiiainilac- , . i • i mi • i- -i toriiMihowoiu- In'ewerics, machuie sliops, steam mills, steam enguies, distil- leries of spirits, lime kilns, tanneries, and all other establish- ments, manufactories or trades, dangerous or productive of serious inconvenience or discomfort to the persons living near to them, shall not be established, continued or carried on in any part of the city, unless by express permission of the city council. And the city council shall have power to make byc- lavvs, from time to time, to regulate the same and to prescribe the limits and location of any such establishments, and to affix suoli penalties to any violation thereof as they shall see fit. Every such building, engine or other establishment, erected or continued without such express permission, shall be deem- ed and taken to be a common nuisance ; and the same may be abated by resolution of the city council, and the owner or owners thereof punished under the sections of this Act, rela- tive to buildings erected contrary to law. And any person or persons establishing, conducting or continuing any such slaughter-house, actory, engine or trade, without license from ^i^g^^**"'^*^' the mayor and city council, shall be liable to a penalty not exceeding twenty dollars for every day he or they shall so con- tinue such nuisance, after written notice from the mayor, forbidding the same : to be recovered in the City Court, at the suit of the city, with liberty to appeal to the next Supreme Court. V. — City Slaughter-house. City may erect (1.) Tho City of Halifax is hereby empowered to erect slaughter-house ^jj^jjjjj ^.j^^ ^^^^ ^j^y. ^ slaughtei'-house, wherc animals for food May borrow ^^^ to be slaughtered. For the purpose of erecting such 84,000. slaughter-house, the City of Halifax shall have power to borrow, on the credit of the city, a sum or sums of money, »> TITLE VII.] CITY SLAUGirrEll-HODSi:. 123 not to exceed in the whole tlie sum of four lliousniul dollars, lit fi rati! ofiuteref^t uot to exceed six per cent p*'r (tmnnti, to 1)0 expended hy the eity council or unth-r their tlirection. (2.) The loan may !»e obtained at oneo or in portions, Money siiaii bo from time to time, as the city CMuneil may decide. Tenders *^'"'''''^'^'"^"'' for t'.c money shall he advertised for in two or more of the uc\vspa|)ers published in the city for one month ; and the tender cxpressinj^ the lowest rate of interest shall be [)referred. (3.) The lenders shall receive for every four hundred i'""" of cortia- 1 II I •/• II' 1 • 1 I 1 CUt08. dollars so lent a certincate under the city seal, signed oy the mayor and (!ountersi<(ned by the eity clerk, dravvji in favor of such lenders, their endorsees or assigns, specifying the terms (if loan and rate of interest, such interest to be payable half- yearly. The certificate shall be transferable by an endorse- Ccrtiiicat.'« •^ ^ , , , , , . . , "^ truuslurablo. nient of the holders signature, in the same manner as pro- missory notes. (4.) The principal moneys of such loan shall be repaid t'> t^Tbo^n-imTa "^ the lender or lenders within twenty years from the date ofacyuaw. such loan ; but the city may, at its option, pay off such cer- tificates in whole or part at the end of ten years ; and, after that period, at any time, on six month's notice, may pay off the whole or any part thereof. (5.) The loan hereby authorized and interest, shall be a j'nJero"'!' t^bo charge on the funds, revenues and property of the city gene- cjiargo on the rally, until the same is fully satisfied and discharged. (6.) When the slaughter-house shall have been erected, AnimaiYha'] no persons shall slaujrhter such animals or cattle within the '" f'o siuughter I10U8U City of Halifax, except at the slaughter-house so built by the city ; and every person who slaughters such animals or cattle within the City of Halifax shall hereafter take out fron; the city a license permitting him to slaughter, for which he shall pay the city the sum of twenty dollars. (7.) Any person who shall slaughter such animals at any j^"°o|j,^rw']'o"' other place within the city than at the said slaughter-house, or than in siaugh- shall slaughter without license, shall forfeit and pay, on con- viction, to the City of Halifax a penalty not less than twenty dollars nor more than two hundred dollars for each offence, to be recovered in the name of the city at the police office. (8.) The city council shall have power, by resolution, to City council make rules and regulations respecting the slaughtering of suchro^ati'veto '" animals and cattle within the city, and for the government Qf «'»"8i»t«'^''*°"^ the slaughter-houses when erected. C. 46, 1866. 1 M J I' ,1 i « ■■ * h' ii:'< ■h '^ J - i ^ 124 CITY OF HALIFAX. [part I. City empowered t<) Dorrow 910,000. Tenders for the money to bo advertized for. Lenders to re- ceive City De- bentures. Ke-payment of principal inoueys. Such loan to be a cliarge on city. Tnyraont of interest. Titles confirm- ed. VI. — Hospital for Infectious Diseases. ( 1 . ) The City of Halifax is authorized and empowered to borrow, on the credit of the city, a sum of money not to exceed in the whole ten thousand dollars, at a rate of interest not to exceed six per centum per annum, to be expended by the city council in building and furnishing an Hospital for infectious and contagious diseases in such city. (2.) The loan may be obtained at once or in portions from time to time, as the city council may decide. Tenders for the money shall be advertised for in two or more of the newspapers publi.shed in the city, for one month ; and the tenders shall be submitted to the city council. (3.) The tenders shall receive for all amounts not less than five hundred dollars so lent, debentures under the city seal, signed by the mayor and city treasurer, and counter- signed by the city clerk, with coupons attached and transfer- able without endorsemen*^. (4.) The principal moneys of such loan shall be repaid to the lenders within fifty years from the date of the loan ; but the city may, at its option, pay off such certificates in whole or in part at the end of the first three years ; and after that period at any time, on six month's notice, may pay off the whole or any part thereof. (5.) The loan hereby authorized and interest, shall be a charge on the funds, revenues and property of the city gene- rally, until the same is fully satisfied and discharged ; and the said loan shall be free and exempt from aTl city rates and taxes. (6.) The interest upon the loan sanctioned by this Act shall be paid to the lenders thereof half-yearly : and the City of Halifax is authorized to levy such interest upon the rate- able property in such city, and to add the amount thereof to the annual general assessment of such city. C. 13, 1873.* VII. — Cemetery. 509. Several enactments* having been made by the Loul^- lature of this Province at different times, with a view to obtain and secure to the City of Halifax a public cemetery f'oi' general use, and that object having been at length acconi- plisned, the i-espectivc titles of the city to the land containcfl in the public cemetery, that of the Roman Catholics to the ♦See also as to public health, Title vi., Chapters 28, 29 and 30, Revised Statutes, Fourth Series : also, — Chapter G, 1874. •f TITLE VII.] CEMETERY. 125 land held as a Roman Catholic cemetery, and that of the officers of ordnance for military purposes, or of Ilcr jNIajesty to any land conveyed and now held under these enactments, are hereby confirmed. 510. The enactments referred to are the Act of (1829) Acta referred to. the tenth year of the reign of his late Majesty King George the Fourth, Chapter Thirty-two, Section eight — in (1833) the third year of the reign of his late ^VTajesty King William the Fourth, Chapter Thirty-two, Section first — in (1837) the seventh year of the reign of his late Majesty King William the Fourth, Chapter Seventy-six — in (1838j the first year of the reign of Her Majesty Queen Victoria, Chapter Seventeen , — in (1839) the second year of the reign of Her Majesty Queen Victoria, Chapter Twenty-five — in (1840) the third year of the reign of Her Majesty Queen Victoria, Chapter Forty-seven — in (1843) the sixth year of the reign of Her Majesty Queen Victoria, Chapter Thirty. 511. The city council shall have power by their bye-laws ^^»J° '°^5|,^JJf; to provide for the care and custody of the public Cemetery, tory. and to make all rules and regulations necessary for managing and improving it. 512. The religious principles and sentiments of all persons roelJf8"o''be''?e- shall be respected in the framing of such bye-laws. spectod. 513. The portions already set apart to congregations shall Portions set continue under their charge, subject to the general control of *^ ' * the city council to regulate and to control, and to preserve the order and appearance of the whole. 514. No clergyman shall officiate in the portions so set Officiating mm- apart, except the minister of the congregation to which they belong, or some one by his permission. 515. There shall be a keeper of the public cemetery an- Keeper; ws nually elected by the city council, who shall fix his compen- sation. He shall be sworn to the faithful discharge of his duties. He shall keep a book of i agister, and enter therein every burial that takes place in the cemetery, with the name, sex, age, and cause of death, as correctly as may be. Of this book there shall be duplicate originals, one to be lodged in the office of the city clerk. These books, or either of them, shall be legal evidence of the fact of burial. 516. The council may direct the further division or allot- Furtiier divi- sion nient of any portion of the public cemetery not already set apart. 517. The purchasers of lots in the cemetery who have paid pSased!"*' for them, shall hold the same in perpetuity for them and their kindred. 518. The council may sell the remaining lots in perpetuity. Saie of iota. 126 CITY OF HALIFAX. [part I. Record of lots. Fees. Lots, how held. 519, The purchasers of the lots shall hold and use them, , if situated within the allotment of any congregation, subject to the rules of the congregation, and further subject to any bye-laws of the city respecting the fencing, planting, and mode of using them. 520. The city shall keep a record of all lots sold, with the requisite particulars to verify the holders' titles. 521. A fee of one dollar for registry shall be paid to tlie keeper for the use of the city, upon every interment ; and no other fee or charge shall be enacted. In case of paupers, no fee shall be exacted. 522. The external walls or fences of the public cemetery shall be kept up and repaired at the charge of the city. Dead to be 523. No One shall bury the dead in any part of the citv, buriod in come- . , i i. /->, i i. /i i i« . teries. cxccpt in the public Cemetery, the Konian Catholic cemetery, the military burial ground at Fort jNIassey, the navy burial ground opposite the naval hospital, the cemetery adjoining the Episcopal chapel near Dutch Village Brook, adjacent to the bridge at the Three-mile House. To offend against this shall be a misdemeanor, punishable by fine and imprisonment. External fences. TITLE VIII. PROTECTION FROM FIRE. I. — Certain Powers of Council. Klection of Firp- wards and Fire Couatubles. Bye-!aws. New engines, t'tC. 380. The city council may elect and appoint from time to time, annually, or otherwise, as many firewards, and also as many fire constables for each ward of the city as they may deem necessary, who shall be sworn into office before tliC mayor or an alderman, to the faithful discharge of their duties, Rnd shall have a suitable staff assigned to them as a badge of office. 381. The city council may also in addition to the laws which may be at any time in force for the prevention of fires, make any further rules and regulations on tiie subject by way of bye-laws, that the welfare of the city appear^ to them to require. 384. The city council may at any time direct new engines and fire implements to be procured, ancj new wells to be sunk and pumps to be placed therein. TITLE VIII.] FIRE WARDS, ETC. 127 •a : i; 402. The city council may make regulations to prevent Regulations a* tlic occurrence, increase, or spreading of fires within the Litybciis, etc. of Halifax, and to prevent the unnecessary ringing of firebclls or destruction thereof, or of their appurtenances, and sliuU have the management and control of the engine-men and fire- men, and may increase or diminish their numbers, and shall have general powers for the due carrying out the provisions of the sections of this Act relative to fire ami firewards ; and may affix penalties for breach of any such regulations, by bye- laws or resolution, not exceeding eight dolkrs. 403. If any person shall wilfully destroy or injure any Penalty <"<"• >"• lUrinGT firo ini- public well, or pump, or fire plug, or any engine or fire im-piemenu.etc. p'ements within the limits to which this Chapter extends, he shall forfeit twenty dollars, and in default of payment and no cfFects being found whereon to levy, may be imprisoned for not more than ten days. 234. If any person wilfully and without reasonable excuse, Penalty for fais** shall by outcry or the ringing of bells, or otherwise, make or*'"""" circulate, or cause to be made or circulated, within the City of Halifax, any false alarm of fire, he shall be punished on con' iction, before the police cc irt, by fine of not less than two nor more than forty dollars, and in default of payment, may be imprisoned in the city prison for a period of not less than thirty nor more than ninety days. 235. The city council may make such regulations as they Regulations may think proper for carrying into effect the provisions of the above section. 408. The city council shall have power by bye-laws to sweeping iicen- regulate the sweeping of chimneys, and to license sweeps, which at any time have been or shall be conferred by law upon firewards, and to impose fines on neglect thereof, if any chim- neys take fire ; and all suits for breach of the law in this respect shall be prosecuted in the name of the city. II. — Firewards, &c. / 404. The firewards shall annually appoint a chairman, ciiairmnn of who shall act as treasurer of the board, and shall submit liisi'"'eward3. accounts annually to the firewards to be audited and signed by them and submitted to the city council for examination and apj)roval. 40(5. The word firewards, when used in this Chapter, shall l^r^l'l^^rd^J include one or more of them, unless otherwise expressed, or repugnant to the context. 3^3. Any person disobeying any order given by an alder- V.*'"?'^''/"'"^, •'I J_ b J ,.. '^ ^ ''n ' disotwyiKg fire- man or a fireward, with a view to putting out a are. or in ward, etc. iiCS. I ^^^ i' 128 CITY OF HALIFAX. [part I. Antlinrity of mau ill charge of c'Ugine. Piocoedings to put out Arc. rullingdown of buildings. If! How paid for. : f drawing any engine or hose, or other articles requisite thereto, may by order of the same, or any otlier alderman or fireward, be immediately arrested and detained by any constable, fire constable, or other person present, and kept prisoner for any space of time not exceeding two hours, in order that obedience to the fire authorities may be enforced, and also that the name, abode and identity of the offender may be ascertained, to enable the officer disobeyed to proceed against him for the penalty, then or afterwards, if necessary. 'dS2. The engine man in charge or command of any engine at the time of a fire in the city, shall have the same authority to command aid in drawing it to the fire as if he were a fireward. 38G. Upon the breaking out of a fire, the firewards, takiiifj their badges with them, shall forthwith repair to the spot and use their utmost endeavors to extinguish and prevent the spreading of the fire, and to })rcserve and secure the property of the inhabitants, and may command tho assistance of the inhabitants therein and in removing property out of any building actually on fire, or in danger thereof, and appoint guards to secure and take care of the same ; and may com- mand assistance for the pulling down of buildings, or for other services relating thereto, to prevent the further spread- ing of fire, and to suppress tumults and disorder, and due obedience shall be yielded unto them for those services, and generally at such fires ; and for any disobedience of their orders, information thereof shall within ten days next there- after be given to the (stipendiary magistrate,) mayor or presid- ing alderman at the police office; and the offender shall be liable to a penalty not exceeding eight dollars ; and if he shall not pay t].c same, shall be imprisoned "or a period not exceeding ten days. 387. Upon the occurrence of a fire in Halifax, four of the firewards or aldermen, or partly firewards and partly alder- men, and in the absence of four firewards or aldermen, three firewards or aldermen may direct any building to be pulled down, if in their judgment the doing so will tend to prevent the further spreading of the fire ; and if the pulling down of such building shall have the effect of stopping tlic fire, or the fire shall stop before it comes to the same, the owner of such building shall receive payment therefor from the rest of the inhabitants whose houses have not been burnt, in manner following, viz. t the owner of the building shall as soon as mjiy be, make application to the city council, who, if satisfied of the justice of the claim, shall make an order for the valuation ol' the damages so sustained, to be made by three indifferent persons ; and such persons shall be sworn ^m^ TITLE VIII.] FIREWARDS, ETC. 129 . *f- bcfore an alderman or justice of the peace, to the faithful (li.schargc of their duties ; and they or any two of them shall make return of their proceeding.'! to the city council ; where- upon the city council shall appoint two or more assessors, wiio shall tax the houses that have not been burnt, in such proportions as shall be deemed just according to their value, for paying the damages sustained by the owner for the build- ings so pulled down, and also the charges for valuation, taxation and collection, to be settled before the making of tlie assessment ; and the assessors shall also report tb^'" proceed- ings upon oath to the city council ; and the city council shall thereupon issue an oixler for collecting the moneys so assessed, and in case of non-payment, the same shall be levied by warrant of distress, to be issued by the (stipendiary magistrate,) mayor or presiding alderman at the police office, upon application by the collectors ; and when the assessments are collected, the city council shall order payment to be made to the claimant of his damages, according to the approved report of the appraisers, and also the payment of the charges hereinbefore mentioned. But if the building pulled down shall be the building where the fire began or if any other huilding shall be pulled down, or be begun to be pulled down, which shall be on fire at the time the orders are given for pulling the same down, or which shall take fire while puch orders are being carried into execution, the owner of such building, shall not be entitled to any compensation therefor. 388. .buildings constructed of stone or brick and covered sto"'' ''"'''''n(^« with incombustible materials, shall be exempted from taxation under the next preceding section ; and such buildings, when covered with combustible materials, shall be liable to an assessment upon half the value thereof only. ^ 389. No person shall at a fire break open any building, or Penalty for attempt to pull the same down, or order others so to do, unless buildiiigs*''"" orders therefor shall have been first given by the owner of the building or as previously provided ; and anj^ person violating this provision, shall for every offence, forfeit a sum not exceeding twenty dollars. 390. The firewards shall, from time to time, report t(» the Fifwards city council what number of ladders, hooks, buckets, bags, "^^'°' " chains, ropes, axes, and saws are required for service at fires, and the probable expense thereof, and of keeping the same in repair ; and the city council shall order such of them to be provided as they may deem necessary : but every fireward Ladders, shall be at all times provided with two ladders with hooks, one of which ladders shall be at least twenty-four feet in length, and the other at least sixteen feet in length, and fire hooks, p' i ♦ !■' 130 CITY OF HALIFAX. [part I. Id r Districts and iniplcments to be numbered. Penalty for liuving imple- inimts in po8- sicssion. Dangerous vhinineys, store- pipes, etc. I'cnalty. Combustible material. renaMy, two nxcs, one saw, twelve leather buckets, and twelve large bags, which shall be by the firewards deposited in the most convenient places in tlie city, and where, on the alarm of fire, the inhabitants of the city shall assemble and proceed under the direction of the firewards, with such of the implements as may be deemed necessary, to the place of danger. 391. The district of which each fireward shall have charije shall be nimibered ; and the implements in the last section mentioned shall be marked with the number of the district to which they belong ; and within twenty-four hours after the extinguisliing of any fire the different implements shall he delivered at their place of deposit ; and if thereafter any of such implements shall be found in the possession of any per- son he shall forfeit a sum not exceeding eight dollars ; and any person who shall use such implements, except at a fire, or an alarm thereof, shall forfeit a like sum. 398. Any two firewards or aldermen may demand admit- tance into any building wherein they have reason to believe there is any dangerous chimney externally or internally, stove, stove-pipe or funnel ; and if in their opinion the same shall be dangerous, they sliall order them to be altered or removed in such manner as tliey shall direct ; and if their directions shall not be complied with, tiie firewards or alder- men shall cause such removal or alteration to be made, at the expense of the owner or his agent of the building ; and if any person refuse admittance to the firewards or aldermen while acting under this section, or shall not make the removal or alteration by them directed, he shall forfeit a sum not exceed- ing eight dollars, to be recovered, together with the expenses of removal or alteration, in the name of the City of Halifax ; and in default of payment the offender may be imprisoned in the city prison for a period not exceeding ten days. 399. If any two firewards shall consider it proper to in- spect the placing or situation of any combustible materials, they may demand admittance into any building or place for that purpose, ai^d, if they shall deem the same dangerous, they shall direct the occupant of the building or place to remove such materials or alter the placing thereof; and if he shall neglect to obey them, they may make the removal or alteration at his expense ; and if any person shall refuse ad- mission to the firewards while acting under this section, or shall not carry out their orders, he shall forfeit eight dollars, in addition to the expense of carrying out the directions of the firewards, to be recovered in the name of the City of Halifax ; and if the penalty and expenses shall not be paid with costs, the offender may be imprisoned for a period not exceeding ten days. T^fm ' i TITLE VIII.] FIREMEN AND ENGINEMEN. 131 III. — Firemen and Enginemen. 392. The city council may appoint such number of fire- Firemen, men for the city as they may deem necessary, who shall, under tlie firewards, have the charge of the fire implements herein- before mentioned, and shall be obliged to keep them in good order and fit for service ; and upon an alarm of fire they shall at once repair to the place of deposit of such implements and * bring the same to the place where the fire shall have been discovered, and shall there diligently use the same under the direction of the firewards, in such way as may be deemed most useful for extinguishing the fire. 393. One of the firemen appointed by the firewards shall rowcrsof have the power of a fireward in commanding assistance in taking fire implements to or frcm any fire ; and a like penalty shall attach for disobedience of his orders as of those of a fireward. 394. The city council may, from time to time, appoint Enginemen. such number of enginemen as may be deemed necessary, who shall take charge of the fire engines, and shall keep the same in good order and fit for service ; and upon an alarm of fire they shall repair with their engines to the place where the fire shall have been discovered, and work the same under the direction of the firewards. 395. One of the enginemen to be appointed by the fire-Poworaofiat wards shall have the power of a fireward to command any" '^^' necessary assistance in taking the engines to and from fires ; and any person refusing to obey his orders therein shall be liable to the same fine as hereinbefore imposed for disobeying a firevvPid. (4.) Section Three hundred and ninety-six of Chapter Exeipptions Eighty-one of the Acts of 1864 is hereby repealed, and the labor, following substituted therefor : All persons who have actually served as enginemen, fire- men or axemen, for a period of twelve years, in the City of Halifax, shall be exempt from all statute labor except in respect of cattle and teams, and from serving on juries, and in the office of constable. Such exemptions shall extend to persons who shall have actually served as firemen or engine- men for the period above specified, and shall have obtained a certificate from the captain or lieutenant of the company, countersigned by the secretary. (5.) The provisions of this Act shall be retrospective, so Provisions of far as the exemptions contained in the last preceding section tive.™ '°^^*^*^" are concerned. C. 44, 1866. m 132 CITY OF HALIFAX. [part T. I > ,\i Vacnncy to bo roportt'ii. All liable for lire* rate. InvoHtigatlons as to origin of lires. WidowBofccr- (2.) The wiilow of any deceased member of any of the ij."k!"c!"ll'^i\ companies named in tlio first section of this Act sliaJl he flxcMiiptVrt.m ^' cxenjpted from taxation for civic purposes, on real and por- Ifnoo """'''" sonal property, to the value of five hundred dollars : provided proof can be shewn that, at the time of the death of such menjber, ho had served the full term of active service in any of such companies. C. 39, 1875. 397. Upon any vaosincy among firemen orcnginemon, tlic same shall at once be reported by the captain to the city council, that the vacancy may be supplied. IV. — Miscellaneous Provisions. (1.) Hereafter no property within the City of Halifax, where good and suflUcient mains are laid, and on any pait of which buildings are erected, shall be exempt from water rate? or assessment for fire purposes. O. 35, 1876. 405. Whenever any building or property shall be injured or destroyed by fire, and the cause or origin thereof shall not be known, the mayor of the City of Halifax shall cause an investigation to be made to ascertain the cause or origin of the fire ; and the same shall take place before the mayor or two or more aldermen in the City of Halifax, who shall have power to enforce the attendance of such persons to give evidence before them as they may require, by summons or warrant, under their hands and seals, and to examine them under oath ; and the proceedings and all depositions connected therewith shall be returned to the prothonotary of the Suprcjnc Court of the County of Halifax, and filed by him in his office. 400. No person shall keep at any one time in any one place, within the limits of tiie firewards, or in any vessel or boat for more than twelve hours after she has reached any wharf within such limits, more than twenty-five pounds of gunpowder ; and if any person shall violate the provisions hereof he shall forfeit one dollar for every pound of such gun- powder over twenty-five pounds, to be recovered in the name of the firewards or any of them : but this provision shall not extend to any vessel or boat belonging to Her Majesty where- in gunpowder may be kept for public purposes ; and all prose- cutions hereunder shall be commenced within three months after the offence shall be committed. 401. Any alderman of the City of Halifax, upon com- plaint on oath by a fireward that he has reasonable cause to suspect that dangerous quantities of gunpowder are kept in any place contrary to the provisions of the last section, may issue his warrant to search therefor in the daytime ; and if Gunpowder. Penalty. Exception. Limitation. Warrant to sparcli for pow- der, etc. I #ti TITLE VIII.] FIRE : — MISCELLANEOUS PROVISIONS. 133 admission under the vvarrnnt shall be refused, and such rcriisnl i^hall be made appear on oath, the alderman may grant a further warrant to break open the place where Hucii frunpowder is supposed to be depossited ; and if upon flcarch a ;j;reater quantity than twenty-five pounds of gun- powder shall be found, tlie fireward may seize and sell such excess at public auction, and the proceeds shall be paid into the city treasury. 247. The mayor or any alderman, upon oath made by awarrant-how fireward or peace ofliieer that he has just stjspicion that gun- powder is kept in any house, barn, or other building whatso- ever, within the city, may grant a search warrant under which the fireward, accompanied by a city constable or the peace oflficer, in presence of an alderman, may break and enter any such place if refused admittance, in order to make such search. 248. The mayor or any two aldermen, may by written General sonrch order, in their discretion, authorize any two or more of the city constables at any time or times between the hours of nine a, m. and five p. m., to make a general search for gun- po'vder illegally kept, and for that purpose to enter and inspect any houses, stores, or buildings, within the city, to search for gunpowder kept without license, or in illegal quantities ; and such order shall remain in force ten days from the date thereof; and every person shall be bound to give any reasonable facility by unlocking outer and inner doors and otherwise ; and any j>erson opposing, delaying, or ob- structing such search, shall be liable to a fine not exceeding forty dollars, or not less than eight dollars, recoverable in the City Court at suit of the city. 249. Any gunpowder kept contrary to this Act within Powder forfeit- the city shall bo forfeited to the city, and may be sold by order of the mayor, and the proceeds of sale paid into the city treasurer. 250. All fines respecting gunpowder, under this Chapter, ^^^'"y ot where the recovery is not mentioned, shall be prosecuted and recovered before the (stipendiary magistrate) mayor or pre- siding alderman at the police office. 251. No person shall convey by land more than one Qua^V^y *° *"' , , IP 1 • moved. thousand pounds ot gunpowder at one time. 252. No gunpowder shall be placed in any one cart or To bo covered, vehicle to be land borne, unless the same shall be completely covered with woollen or hair cloth exclusive of the package and the covering of the carriage. 253. No carriage conveying gunpowder shall be stopped stoppage, less than twenty rods from any dwelling house. \u CITY OF HALIFAX. [fart I. No mptnl In •anio carrlUKiv 2r)4. No Iron, strcl, or inotnllln substnnco, other thnu copper lioops on tlu; ciikUs, hIiiiII be plaeed on nny enrriai^(« to<::ether witli any qnantity of «j;uiipowder exceeding iitty ponnds. !'»m'i7 '° '''' '" '^^^'^' ^"* j^nnpowder exceedin<,' fifty pounds nliall I)o j)Isiced in any carriaije, hut in I)arrel8, lialf-harrels, or (piart- er-barrelH, ti<;ht, well hooped with wood or et)pper hoops. 2.5(5. No more thar: twenty-five pounds of •gunpowder sliall he carried from one place to another, unlc^H the |)ack- n<5C he well hooped and sufliciently wrapped with woollen or hair cloth. 257. If any person shall offend ajj^ainst the provisions of the t;ive such information and evidence us may lead to the conviction of the guilty party. 2.kS. Nothing in this Chapter contained shall afTcct the carriage of gunpowder for Her Majesty's service. Sjiccial Assessment Jar Fire Purposes. Covered . IVnaltjr, n. M. sorvlco uut allectiid. borr >w .SKXXi, tor liro (h'parl- raoiit Loan, how re- paid. (1.) The City Council of llalifiix arc hereby authorized and empowered to borrow, upon the credit of the city, the Sinn of Four thousand dollars, to be appropriated to the pur- chase of hose '^.nd other rcquircf vuiufot , 1 1 II I Vi . . I »a,000 to liuihl th(Hisanity of Halifax shall have iiower to borrow, on '"ymny ''Of;- th(! credit or the city, a hiiiii or sntn.s ot money not to ex(!{!ed lund nndto in the whole eleven thousand dollaivs, at a rate of interest not houw-H,"^'"" to exceed six per centum per rnumni, to be expended by the city council, or under their directioiiH, in the |)urclia80 ot real estate whereupon to huiM, and in biiildinjT en^^ine houses. (4.) The loan may be obtained at once, or in portif)n8, i^'innmBybo n • • I • •! 1 • 1 rii 1 obtained at trom tune to time as the city council may decide. lenderBonci'oriupor-- for the money shall be advertised for in two or more of the'"'"' newspapers i)ublished in the city, for one month ; and the tenders exj)ressin;j; the lowest rate of interest shall be pre- ferred ; or the city council may sell the debentures for such loan at auction to the highest bidder. (5.) The lenders shall receive for such loan, in sums "f J;rivl!*)[,'!i*?,'®' one hundred dollars, five hundred dollars, and two thousand *'"••« with dollars, at tiieir option. del)entures, with coii[)ons for inrerest attached under the city Pcal, si<)jned by the mayor and city treasurer, and countersiffned by the jcnty clerk, payable to bearer, 8pccifyinV>- a . ,fci. m City ompoworod to borrow »12,- <)00 additioiiiil for cortain i)nr- posos coniuictL'd with piigino housos. Tonders for iiionoy to b(j advertised for, or City Council may sell debou- Uirca. Intorcst to ho iiaid to lenders by coupons. Be it therefore enacted, by the governor, ci. ..icil and assembly, as follows : (1.) In addition to the sum of eleven thousand dollars, which the City of Halifax is authorized, by the Act hereby amended, to raise for the erection of engine houses, such city is emjiowered to borrow, on the credit of the city, the further sum of twelve thousand dollars for the purposes specified in the preamble of this Act. (2.) Tenders for tjie money shall be advertized for in two or more of the newspapers published in the city, for one month, and the tenders expressing the lowest rate of intero:3t shall be preferred : or the "ity council may sell debentures for such loan at auction to the highest bidder. (3.) The lenders shall receive for such loan, in sums of one hundred dollars and five hundred dollars, at tlieir option, debentures, with coupons for interest attached, under the city seal, signed by the mayor and city treasurer, and coun- tersigned by the city clerk, payable to bearer, specifying the terms of loan and rate of interest, such interest to be paid half-yearly. The debentures shall be transferable without endorsement ; and the interest shall be paid to the holders of the coupons upon the 8{irae being presented to the city treasurer. neglige ^RHI TITLE VIII.] FIRE ALARM TELEORAPH. 187 (4.) The principnl moneys of such loan shall bo repaid to Ro-pnymont of the lenders within ten years Irorn the date of the loan; but{u^u«y!i"' the city may, at its option, pay off such dehenturcH, in whole or in part, at the end of the first three years ; and, after that period, at any time on six month's notice, may pay off the whole or any part thereof. (f),) The loan hereby authorized and interest, shall be aL"fin to ;.(.a ,^,/.i "^ , PI' cliarK" <>«i fund* cliar^e en the lunus, revenues and property or the city gene- mid proiMrtvof rally, until the same shall be fully paid and discharged. ctyKfUfra y. (().) The city council are empowered to assess the rate- 'i«t''-P"y*'".*o payers of the City of Halifax for the yearly interest on theintori'stonioan. loan authorized by this Act. (7.) The assessment to be made under the last precedin": Such msoss. ^. , ,1 % ITT I 1 ri • '^ nuint ti) b(' add- scct.on shall be audeu to the genei-al assessment or the city,edto(;(in.rai and shall be rated, collected and levied in the same manner as city. ** ' such general assessment and paid over to the city treasurer. C. ;5(J, 1872. (I.) The City Council of Plalifax are hereby authorized to city Council of sell, either at pubhc auction or private sale, all that certain riymi to dispose lot of land, belonging to the City of Halifax, situate and" "'"'*'" fronting on Tower lioad in such city, and adjoining the pro- perty of John Cronan, Esquire. (2.) Upon sale of such lot of land, a deed or deeds in fee P<"'f"^» '"\p'f<'n • 1 r» 1 1111- I 1 *" name ol city. Simple 01 the same, shall be g ven to the purchaser or pur- chasers in the name of the Cit of Halifax. (3.) The money realized fn ^ the sal< of such lot of land ^/„^P?y'»'£g,,y shall be appropriated by such cit) ouncil towards the erection realized, of an engine house for the fire department in the south ;rn part of the City of Halifax, and the purchasing of a piece of land for the purpose, if necessary. O. 37, 1875. VI. — Fire Alarm Telegraph. (1 .) The City of Halifax is hereby authorized to construct, city authorized erect and maintain a fire alarm telegraph within the limits of a'iorm°tt'ie° such city, and to attach the wires of such fire alarm telegraph*'"*^*'" to such erections and buildings, public and private, within such city as may be convenient, doing no more damage to such erections or buildings than may be necessary, and also to attach strikers to such church bells or other bells in such city as may be deemed expedient, without being liable to any suit or action, unless such damage is occasioned by acts done irrespective of the operations before mentioned or by the negligence or unskilfulness of their servants or employes. 'I'i F- ^'!i i ( :^ II 138 City may bor- row 188,000 to pay ex()j)th from the surface of the street or sidewalk than four feet ; and all foundation walls, withiii micIi limits, to the surface of the street, shall not be less than eighteen inches in thicknes. iVM). Within such limits, nil outlumscs or houses in the rear of buildinj^s, less than thirty feet and more than liftt'cn feet hi TT IT sc'iiarate tea©- distmct tenements, erected withm the City of Halifax and n»«nta. widiin the last mentioned limits, in addition to the end walls referred to in the laet section, shall have a division or party I' r E 142 CITY OF HALIFAX, [part I. ¥i Uoof. Kml windows. l{i>-l)iiil(\iiig of ilaiiiii^cd No IuuUUjir to biM'iilargwl.t'tc, witluuit per- inission. Iluildinjjs not acrordiDK t<> Act uuigaucfs. Proceodinfr? to pull d'^wu same, wall of brick ur stone between each tenement, of tlic thlck- ne88 of nine inches ut least, extending the whole dcptii of tlio building, and rising at least two feet above the roof to form a ])arn])et. The backs of cliiinncys in the end of all wooden buildings of less height than tiiirty-six feet, shall be one brick thick. (iAO. Every building erected within the boundaries speci- fied by the six hundred and forty-fifth section of this Act over tliiny-six feet in extreme height shall have cither a flat roof or a crownctl roof, of at least six feet, and the flat or crowned roof shall be covered with uninfhiminable materials. i}5l. No door, window, or opening shall be permitted in any such end or party wall of brick or stone, unless provided with sufficient firc-proof iron doors or shutters, to the satis- faction of the inspector of buildings. (>52. In case any wooden or other building, not erected in conformity with the provisions of this Act, and being within the limits hereinbefore described or hereafter to be appointed by the city council, shall sustain damage by fire, tempest, or otiicr casualty, or shall be injuiod or i)ulled down in any at- tempt to stop the progress of a fire, and. the city architect or inspector of buildings shall certify that the same is so far damaged as to be unfit for repair, the city council may forbid the same to be rebuilt or repaired. 653. No building within such limits as aforesaid, not being in conformity with tiie provisions of this Act, eiiall be enlarged, raised, or added to, except with the express permission of the city council. (4) . Section 053 of Chapter 81 of the Acta of 1864 shall not apply to buildings within the district described in section 634 of such chapter. C. 35, 1872. 054. Buildings of every description at any time hereafter erected, or in course of erection contrary to this Act, shall be deemed public nuisances, and the builders or owneiv thereof shall on conviction before the police court of the city enter into recognizance to demolish the same, within such time as shall be limited therefor by the city council. 655. The city council may direct buildings deemed nuis- ances under this Act, upon investigation of the facts and con- viction of the owners or builders before a judge of the Supreme Court, to be pulled down, and may authorize and cause the materials to be sold to defray the expenses ; and if the said material on sale should prove insufficient to meet the expen- ses, any deficiency of expenses must be raid by ti.e owners of such buildings ; and any balance remaining after defraying such expenses shall be paid to the owners, and such deficiency of expenses may be recovered against the owners in a civil IPPP TITLE VIII.] PROVISIONS AS TO BUILDINGS. 143 action, in the nnmc of the City of Halifax, either in the City Court or Supremo Court, according to the amount of the (lefK'icncy. 003. The city conncil may make such bye-laws as they uyc-iaws. may from time to time judge essential to carry out the objects iind purposes of this Act, and for the safety of buildings within the City of Halifax. JPenalties. (556. Any person violating or infringing this Act or any I'finBitips for •'l^ .. . ° ^^ r ^i. u / violating Act. provision or clause therein, or any ordinance or the city made under the same, shall, on conviction before a judge of the Supreme Court, forfeit and pay a sum not exceeding two hundred dollars for every such offence, and a further sum of five dollars per week for every week the offence or violation of this Act shall be continued ; and the possessor or occupant, whether owner of the ground in fee simple or for life, or term of years, by whose direction or with whose consent and acquiescence such unlawful building has been erected, or offence or violation of the Act committed in consequence, shall be lis^ble to pay such sum with costs ; and also any contractor, builder or workman who shall persist in erecting an unlawful building or addition, after notice from the mayor or an alder- man or city architect to the contrary, or who shall continue to violate this / ft, shall be liable to pay a penalty not to exceed four flollars a day for every day he shall so act and persist after such notice. 657. All fines, penalties and forfeitures imposed by this ^^^^'-''O" '"'^ Act, and all proceedings under this Act, or in relation to buildings erected or to be erected within the City of Halifax, may be recovered in the name of the City of Halifax, and to its use and benefit, with costs, in the same courts and in the same manner as civil debts of like amount may now be recoverable. Inspector of Buildings. 658. The city council shall annually elect and appoint a c»y architect ; city architect or inspector of buildings, and fix his remunera- tion from time to time. He shall hold office during the year, computing from the daj lie is sworn into office, unless the city council should see fit to remove him and appoint another per- son in his place for the residue of his year. The architect or inspector shall be sworn before the mayor to the performance of his duties before he shall act as architect or inspector of buildings. The duties of the city architect or inspector of Duties, buildings shall be to attend to, observe constantly, and report 144 CITY OF HALIFAX. [part 1. Ponalty for obstructing. To report viola tions of law. Notice by per- son!) intendi to build ing in writing, upon the erection or progress of every house, store, or other building whatsoever in the City of Halifax and with- in the respective limits hereinbefore specified in this Act, and all repairs, alterations, and changes made of any buildings within the said limits, with the object and for the purpose of strictly enforcing the provisions and restrictions of this Act ; and the reports of such architect or inspector of buildings shall be made in such form, and with such details and particu- lars, and at such times as the mayor or the city council may direct and require ; and it shall be the further duty of the architect or inspector of buildings, by direction and vote of the city council, to abate or cause to be abated all nuisances arising from violations of this Act, and to enforce the prosecu- tions and collection of all fines, penalties and moneys, to be sued for, enforced, and collected against any person for non- compliance with the provisions of this Act. G59. The city architect or inspector of buildings shall have authority at all proper seasons to enter into and upon any buildings, grounds and premises within the respcctiv(; limits of this Act, and to stay thereon a reasonable time, with free access to all parts thereof, as far as requisite for the full and effectual performance of his duties ; and any person refusing him access and entry, or in any way obstructing him therein, shall be liable to a fine of not less than four dollars nor more than eight dollars, recoverable with costs of suit at the suit of the City of Halifax in the police court or in the City Court, such fine to belong to the city ; and, in case of non- payment, the court in which such trial is had may impose sentence of imprisonment on the offender in the jail or the city prison, not to exceed fourteen days. 660. It shall be the express duty of the city architect or inspector of buildings to examine all foundations of houses as the work proceeds, ard whenever any violation of this law in respect of any buildings, additions, or erection occurs, to re- port the same, and to bring the matter before the city council at its first meeting for their decision ; and when directed by resolution of the council, to cause steps to be taken to enforce the law thereupon by suit for penalties incurred, or by order- ing and causing any illegal building adjudged to be a nuis- ance, to be taken down. 661. Every person intending to build, or to enlarge or repair the exterior of any building within the ^-espective limits of this Act shall, before digging a foundation or commencing any work thereof, give a written notice to the city architect or inspector of buildings, directed to him, and to be left at the police office at least ten days before beginning any build- ing operations thereon, and shall therein give such intended If. ' ?ART 1. ?, store, id ^vith- Lct, and uildiugs rpose of is Act ; miklings particu- icil may y of tlio vote of luisanccs prosocu- ys, to be for non- ngs shall and upon respective time, with >r the full ly person icting him oUars nor luit at the the City 10 of nou- ly impose lail or the TITLE IX.] LICENSES TO SELL LIQUORS. 145 building, its materials, and the name or names of the owner or owners, under a penalty not to exceed forty dollars, in case of proceeding to build without such previous notice. 662. After the passing of this Act, any party or parties P'ans tobefui^ intending to erect or repair any building or buildings in the archUcct/ City of Halifax shall, before commencing the same, prepare and furni.h to the city architect a plan or plans, and the specification or specifications of such intended building or buildings, or repairs or alterations; and no person shall be permitted to erect, repair or alter any building or buildings within the City of Halifax, until he shall have furnished such plan or plans, and specification or specifications, and until the city architect shall certify in writing on such plan or plans, and specification or specifications that the same are in con- formity with the existing laws ; and no alteration shall be made in such plan or plans, and specification or specifications, after such certificate shall have been so written thereon, unless by the approval in writing of the city architect, who shall receive from the person submitting such plans and specifica- tions atfee of fifty cents for each certificate or alteration thereof so approved by him ; and any person or persons violating this section shall be liable to a penalty not exceeding seventy-five dollars, to be recovered in the name of the city in the police court. Architect or , houses as Ihis law in irs, to re- ity council Irected by to enforce I by order- )e a nuis- [nlarge or tive limits imencing architect 36 left at iny build- intended TITLE IX. LICENSES. I. — Licenses for the Sale of Intoxicating Liquors. (5.) Licenses for the sale of intoxicating liquors shall only Lioonscs, now be granted within the City of Halifax by the City Council iiereafter°[n upon the recommendation of the License Committee, concurred ^"^ of Halifax, iu by two-thirds of such committee, and accompanied by a petition from a majority of the rate-payers of the licensing district, in which the license is proposed to be granted, pray- ing for such license. The genuineness of the signatures of such petitioners shall be established by affidavit to the satis- faction of the city council. lO feli .* ^ U6 CITY OF HALIFAX. [part I. City divided into licen»ii " (listriuts. Jtulc?. (0.) Such city council shall have power to divide the wards of the city into licensing districts containing not loss than one hundred rate-payers each, and shall, each year, have prepared, from the assessment rolls, lists of the rate-payers in each licensing district, which, when approved, shall be regarded as authoritative lists of the rate-payers in such districts ; and until the city council shall define such licensing districts, each polling district in the city shall be considered a licensing district. (X 14, 1874. Mow granted. 181. The mayor and any three of the aldermen shall have (i, 0.14^18740" have full power to grant licenses to inn-holders, victuallers, retailers, and confectioners, within the said city, and also licenses for the sale of liquors of any kind ; but no licenses to sell liquors shall be issued or granted to any person who now keeps or hereafter shall keep a brothel or house of ill fame. In granting such licenses the mayor and aldermen may annex thereto such reasonable conditions in regard to time and place, and other circumstances under which such licenses shall be acted upon, as in their judgment the peace, quiet and good order of the city may require ; JLhe city council shall have power to make rules for regulating and restricting the sale by retail of intoxicating liquors within the city, under such penalties as they may think right, not to exceed the amount prescribed by law. 182. The city council shall fix the amount of duty to be paid by each class of licenses, and the fees to be paid to the clerk of licenses, and to the city clerk- for issuing the same, and also the commission to be paid to the clerk of license for collecting and paying- over such moneys ; and shall from time to time make such bye-laws as they may think pro- per for the government of licensed houses or shops, and shall regulate the hours of closing the same, in all respects as they shall deem necessary for the peace, quiet and good order of the city. 183. Bonds shall be given by all persons so licensed, in reasonable sums and with sufficient sureties, to be approved of by the mayor or presiding alderman, conditioned for faith- ful performance of the terms of said licenses, and of all subsisting laws, bye-laws, and regulations. 184. The mayor and any three aldermen shall have power to revoke or suspend any such license, if in their judgment the order and welfare of the city require it. 185. Any person who shall presume to pursue the said employments within the said city, without having first obtain- ed a license therefor, or in any manner contrary to the terms of said license, or after the same shall have been revoked or suspended, shall be liable to the penalties and forfeitures Llcenic dutior. Bonds. Kcvocation. Tenalties. TITLE IX.] LICENSES TO SELL LIQUORS. m which by this Act or by any provincial act or laws, shall or may be hereafter imposed on the sale of liquors without license, and shall also be taken and deemed to have forfeited their bonds, upon which suits may be instituted against thcra or their sureties, at the discretion of the mayor or presiding alderman. All inn-holders, retailers, confectioners, victual- lers, and all other licensed persons, under and in pursuance of this Act, shall be liable for and pay the same license cfuty, now or hereafter to be imposed by law, to the clerk of license. 186. The licenses granted and the bonds to be taken, shall be in the same form as is prescribed and appointed under this Act, respecting licenses to sell liquor, with such altera- tions as shall be found necessary to suit the circumstances of the said corporation, and shall be signed by the clerk of the city, and approved of and countersigned by the mayor. The city clerk shall keep a correct list of the licenses granted in every year, with the names, additions and resi- dences of the parties licensed, and also all their sureties, and the amounts of the license duty payable on every such license, and shall return to the mayor once in every quarter, a written statement of the sums of money due and in arrears for license duty. All arrears of license duty shall be recovered in the City Court, in the name of the City of Halifax, with costs, by the usual process, as in civil suits. 189. Once every month, or oftener if the city council so direct, the clerk of license shall pay over to the city treasurer the amount of license duty, and shall produce and file in the city clerk's office, a particular account of the moneys received by him in every quarter for license duty, and also the receipt of the city treasurer. 190. The city clerk of license shall be entitled to a com- mission of five per cent. : provided that he shall not in any one year receive together with his fees for such commissions a larger sum than six hundred dollars, both for his [fees on licenses and his said commissions ; and the balance, if any, arising from such commissions and fees, shall be paid into the city treasurer. 191. The mayor or any alderman of the City of Haliftix, the city clerk of license, the marshal, or the captain of the watch, and any of the constables or any of the watchmen of the said city, are hereby empowered to enter in or upon the premises, or into the shop, store, dwelling-house, or other building, of any person or persons who (holding a license or unlicensed) is or are suspected of violating any law respect- ing the sale of intoxicating liquors, or of violating the license law, or of selling liquor without license ; and all persons who Forms. Returns, etc. Recovery of duties. Duties to be paid to treasu- rer. Commission to clerlt. Licensed prem- ises open to inspection. ■ m^ ■k.'«] 13 ¥ ' - J CITY OF HALIFAX. [part I. IVnalties. Kinds of licen- Forms. (S^'tiSccM, C. 87, 1865.) are so suspected, shall, upon being required by any of the: said officers, immediately open their said premises, and grant free admission to the same ; and any person or persons who shall refuse admission to his, her, or their premises, shop, store, dwelling-house or other building, or who shall not open the same, and grant free access thereto, and who shall not .permit any of the said officers to so enter, or who shall obstruct any such officer in the performance of his duty, shall be liable on conviction to a penalty of not less tb^tn four dollars, nor more than twenty dollars to be prosecuted in the name of the city at the police office before (the stipendiary magistrate) the mayor, or presiding alderman ; and in the event of the fine not being paid, the party convicted shall be imprisoned in the city prison for not less than seven days, nor more than ninety days. The fine when received, to be paid into the city treasurer towards the general funds of the city. 193. Licenses shall be of the following kinds, to be used in the City of Halifax, viz : tavern licenses, shop licenses, and general licenses. 194. Licenses shjfll be in the form of Schedule A. Schedule A. City of Halifax Tavern License. License Office. License is hereby granted to A. B., of the City of Halifax, to sell and retail in a tavern, to be kept in the shop or prem- ises occupied by him, situate (here describe particularly the situation of the premises,) intoxicating liquors only, and no other articles, either provisions, goods, wares or merchandize of any description, conformably to law. This license to remain in force for months from the date hereof, subject to forfeiture for breach of the laws. Given under my hand, as Clerk of License for the said City of Halifax, this day of A. D., 18 C. D., Clerk of License. City of Halifax Shop License License Office. License is hereby granted to A. B. of the City of Halifax, to sell, in a shop to be kept in the building occupied by him, situate {here describe particularly the situation of the premises,) intoxicating Hquors in quantities not less than one RT I. TITLE IX.] LICENSES TO SELL LIQUORS. 149 if the grant 3 who shop, 1 not ) shall ) shall ■, shall 1 four in the iicliary in the hall be 1 days, , to be i of the be used 363, and )ffice. [alifax, |r prem- irly the and no Ihandize [rom the Ihe said jiccnsc. )ffice. lalifax, )y him, \of the lan one gallon ; but no part whereof shall be consumed on the premises. This license to remain in force for months from the date hereof, subject to forfeiture for breach of the laws. Given under my hand, as Clerk of License for the said city, this day of A.D., 18 C. D., Cierl: of License. City of Halifax Hotel, Eating House, or Confectioner's License. License Office. License is hereby granted to of the City of Halifax, in the County of Halifiix, to keep a hotel {or an inn, or a saloon, or eating house, or a confectioner's shop, as the case may be) in the building or dwelling house occupied by him, situate (he7'e describe particularly the situdtion of the premises), and to vend therein provisions, and victuals, and supply food or tobacco, and also to retail intoxicating liquors therein, conformably to law. This license to remain in force for months from the date hereof. Given under my hand as Clerk of License for the said city, this day of A.D., 18 • A. B., Clerk of License. 195. The city council shall fix the amount of duty to be Dutio*. paid for each class of license. 196. Every person to whom a license shall be granted T" be paid in shall, before receiving the same, pay down the whole duties ;FormofBnn(K and shall also enter into a bond with two sureties in the form ml.) • ' • '' of schedule B, which bond shall be prepared by the city clerk, and when executed shall be filed with the said city clerk. Schedule B. Know all men by these presents, that we are held and firmly bound unto our Sovereign Lady Queen Victoria, her heirs and successors, in the sum of two hundred dollars of lawful money of Canada, to which pay- ment we jointly and severally bind ourselves, our heirs, executors and administrators, by these presents, sealed with our seals, and dated the day of A. D., 18 Whereas the above bounden has been granted a 150 CITY OF HALIFAX. [part I. ■'il liconso for the sale of intoxicating liquors in the tavern (shoji, d'c.,) kept by the said in Now the condition of this obligation is such, that if the said shall in all respects conform to the laws in force respecting the retail of intoxicating liquors, and connected with such license, then this obligation to be void, otherwise to remain in full force and effect. (seal.) (seal.) (seal.) Signed, sealed and delivered, in presence of No Aliii-minn or J. r. to hold liCtMIHO. 197. No alderman or justice of the peace shall hold a license for the sale of intoxicating liquors, or be directly or indirectly interested in the sale thereof by retail. List of liconsos. ij)^. ' Xhc city clcrlc and the city clerk of license shall each register in a book to be kept for the purpose, a list of licenses, with the dates of such licenses, the names and resi- dences of the parties so licensed, and a memorandum of the houses or shops for which such licenses were granted, and a statement of the number of bonds taken ; and such book shall be exhibited, when required, to the city council. Penaltiesy (&c. rcnaltv for spi- ling wUliout rroof on trial. 187. No intoxicating liquors shall be sold in quantities less than ten gallons, to be delivered at one and the same time, unless in the original package in which imported, or by license, under a penalty of not less than four dollars nor more than eighty dollars for every offence ; and no such liquors shall be sold in the City of Halifax without license, unless in the original package in which the same are imported, and when any intoxicating liquors are imported or sold in bottles contained in casks or cases, such casks or cases shall be considered original packages. 193. Upon the trial- of any party for any tho laws relating to the sale of intoxicat' Kr . any violation of the license laws, or foi .u., 'Or liout license, if it shall be proved to the sa taction .>i the court who are trying such party, that bottles, or de^ nters, or tum- blers, or glasses, or other vessels, which are u^ially employed for holding and using liquor, were found in and upon the premises of such accused party, and had been recently used, this shall be deemed sufficient evidence to convict the said accused party of violating the laws, or of selling liquors, and to cause him to account for the purposes for which such 'ART I. {shop, he said ill force nnoctcd rwisc to tl.) tl.) a.) L hold a cctly or isc shall a list of and resi- n of the !d, and a ich book 1. TITLE IX.] LICENSES TO SELL LIQUORS. 151 luantitics ) same !d, or by liars nor no such license, Imported, |r sold in Lscs shall any lOUt Ihu court or tum- tniployed ipon the [tly used, the said lors, and lich such articles were on his premises, and to establish his innocence by i)roof 199. If any person holdinir a tavern license shall sell in u«'ffuinti6n« «« I . .1 • 1 1 1 1 • , •! t<) tavern the tavern or upon tlie premises where he conducts his retail Ucuumi. tavern business, any description of article, goods, wares and merchandize, other than intoxicatinji; liquors, ale, porter, beer, and such like drinkables, and if he shall not within ten days after obtaining the same, ])lace a sign on the tavern with his name thereon, importing that liquors are there to be sold, he shall forfeit on violation of either of the cases named in this I'entity. section, a sum not exceeding twenty dollars ; and each con- tinuance for every ten days after conviction, to violate this section in either particular herein named, shall be deemed a fresh offence. If any person not having a license shall place on any building or in the neighborhood thereof, any inscrip- tion importing that intoxicating liquors may be had there, he shall forfeit a sum not exceeding twenty dollars ; and every continuation of such inscription for ten days after conviction shall be deemed a fresh offence. 200. If any person holding a license shall not maintain Furtiior rpRuia- 11 L' • T u 1- 11 'i. ra' tlons for tavern good order on his premises, or it he shall permit ratrling or licenses. gambling therein, or shall on Sunday permit persons other than lodgers, or persons coming for necessary victualling only, to remain about the premises drinking, or idly spending their time, or shall permit any thing to be sold or exposed for sale on the premises, other than victuals and drinks usually con- sumed in a hotel or inn, and these to be sold only by those holding a hotel or an inn-keeper's license, or if any person holding a hotel-keeper's or an inn-keeper's license shall not have reasonable accommodation for travellers, and their horses, cattle, and conveyances, in each of such cases, he shall renaitios. forfeit his license, and a sum not exceeding forty dollars for every offence, in the discretion of the court before which he shall be convicted. 201. If any person holding any license shall sell any in- saloon Sundays toxicatlng liquors on Sundays, except in the case of hotel or inn-keepers to lodgers on the premises, he shall incur the like forfeitures as mentioned in the last section. 202. No persons holding a shop license only, shall sell RpRuiationB for less than one bottle, containing not less than three half pints * ^ ' •■ of intoxicating liquors, to be delivered at one and the same time, or shall suffer any intoxicating liquors to be drunk on the premises where sold, or any such premises to be opened on Sunday, under the same penalty as that mentioned in the two hundredth section. A yaw 1 152 CITY OF HALIFAX. [part I. { ' CliarKeg for liquor not recoverable. Exceptions. Holders not r.l- lowed to pur- clia»>« or pawn ;?ood». Married women and servants liublo to penal- tiei*. Clerk may visit premises. rcnalty for wit- nesses not ap- pi>aring, etc. 203. No person shall recover or be allowed to set off any charge for intoxicating liquors in any quantity less than one bottle, delivered at one and the same time ; and all special- ties, bills, notes, or agreements, given in whole or in part, to secure any such charge shall be void : but nothing herein con- tained shall extend to any charge made by a person holding a hotel or inn-keeper's license, against any boarder or traveller. 204. If any person holding a license shall purchase from any servant or common laborer, any wearing apparel, tools, or implements of trade, or husbandry, or household goods, or furniture made up, or shall receive from any person, any goods in pawn, the (stipendiary magistrate) mayor or presid- ing aldermaxi, upon sufficient proof on oath, of the fact, may issue his warrant for restitution of the property, and for pay- ment of the costs, and in default thereof the warrant shall contain directions for levy and sale of the offender's goods for double the value of the property and costs ; and the offender shall also be liable to a penalty of eight dollars. 205. Married women and servants concerned in any breach of this Act shall be liable to the penalties thereto attaching, as if they were unmarried women and principals ; provided the husbands or masters shall not have been prose- cuted for the same offence ; and upon any conviction of a mairied woman or servant, under this section, the husband or master shall not afterward be sued for the same offence. 206. The clerk of license may, whenever he sees fit, visit the premises of pers&Ua holding tavern licenses, to see that the provisions of this Act are complied with; and he shall prosecute all offenders against such provisions ; and if any person shall obstruct him in the exercise of his duty, he shall forfeit the sum of twenty dollars, and may also be indicted for a misdemeanor, and fined and imprisoned in the discretion of the court. 207. If any person subpoenaed as a witness in any suit or prosecution under this Chapter, shall not attend at the time and place mentioned in the subpoena, without iust cause to be allowed by the court before whom the suit or prosecution shall be had, or having attended shall depart without permis- sion of the court or shall refuse to be sworn or to give evidence on the trial, he shall forfeit a sum not exceeding forty dollars to be levied by warrant *of distress from the (stipendiary magistrate) mayor or presiding alderman on the offender's goods ; and for want of such distress such person shall be committed to jail for a period not exceeding three months, or until the amount be paid ; but no person shall be obliged to TITLE IX.] LICENSES TO SELL LIQUORS. 153 attend or give evidence on any such trial until he has been I aid his fees for travel and for attendance. 208. In suits instituted by the clerk of license, where the rayment of court before whom the trial is had shall give judgment forfudginc'ntfor the prosecution, or if they give judgment for the defendant,'**''^*'"***"'" ehall certify that there was reasonable ground for commencing the suit, the prosecutor shall be fully indemnified for all costs and expenses on both sides, to be taxed by the (stipendiary magistrate,) mayor or presiding alderman, and to be paid out of the city funds. 209. No judgment shall be withheld on account of variance General objoc- between the proof and summons, if it appears to the satisfac- ' tion of the court that the defendant was aware of the real cau8e«of complaint ; but if the court see fit for this cause, they may continue the trial for another day ; and no judgment shall be set aside for any variance or from any formal ob- jection. 210. Any sah. of intoxicating liquors made on the pre- sajohy wife, ciiiIq orsorvADt mises of any person, by the wife, child or servant of such person, shall be corsidered presumptively as the act of the husband, parent or master, and shall be punished in the same way as if such sale had been made by such husband, parent or master, in person ; and the burthen of proof of innocence shall be thrown on such husband, parent or master. 211. Any person holding a license who shall knowingly Sale to a minor. sell intoxicating liquors to a minor, any part of which shall be consumed on the premises, upon proof thereof before vhe (sti- pendiary magistrate,) mayor or presiding alderman, shall torfeit his license, and sh ill not again be capable of holding a license. 212. If the husband, wife, parent, child, brother, or sister, Si^ie to forbid- ' '» IT 1 1 den persons. master, guardian or creditor, or any person aauicteu to the intemperate use of intoxicating liquors, or any alderman or justice of the peace, or commissioner of the poor shall give notice in writing to any person engaged in the sale of intoxi- cating liquors that such person is addicted to the intemperate use of intoxicating liquors, it shall not thereafter be lawful under any pretence whatever, for the person receiving such notice, by himself, his servants or agents, directly or indirectly to sell or give any intoxicating liquors to such intemperate per- son ; and any person knowingly violating the provisions of this action, upon proof of the truth of such notice, shall be liable to a fine of not more than twenty dollars for a first offence, !ind a fine of not less than twenty dollars nor more than forty dollars, and imprisonment for a period of not more than thirty m '); ■f\ 154 CITY OF HALIFAX. [part I. Defence to be proved. ■ Allegation In summons. :;:* 1 Troofofaaleto persons not mentioned in summons. Jail limitB— relief as insol- vent. Limitation of actions. Service of sum- mons. Penalties for breacli of license laws. days, as the court may direct, for a second or any subsequent offence. 213. In any suit instituted for a breach of the provisions of this Chapter, the defendant, if claiming any of the excep- tions, may set up the same as a defence, in which case the burthen of proof shall be thrown on the defendant, and it shall not be necessary in the summons to specify the particu- lar kind of liquor sold ; but in all cases it shall be sufficient in the summons to charge the party accused with having sold intoxicating liquors contrary to law. 214. In any such suit, in case it shall be alleged in the summons that the sale complained of was made to a person therein named, and on the trial the prosecutor shall fail to prove such charge, but proof shall be given of a sale to another person, the suit shall not thereby be defeated, but the court shall adjudicate upon the offence so proved, as if the same had been alleged in the summons ; but in such case the defend.itit, upon ap}()(). Alter deducting the charges attending the sale, the proceeds arising therefrom shall be paid in to the city trea- Burer, in aid of the funds of the common of the City of Halifax. (1.) The City Council of Halifax arc hereby authorized and empowered to sell either at public auction or private sale all that portion of the common of the City of Halifax, coni- j>rising about twenty-five acres of land, which was divided into half-acre lots, and leased or let for the term of nine hundred and iiinety-ninc years, and which part of such common was so leased or let under the third section of Chapter \',\ of the Acts of 1818, the fifty-eighth year of George the Third, and confirmed by the fourth section of Chapter 4 of the Acts of 1830 and 1831, the first year of William the Fourth. (2.) The City Council of Halifax arc authorized and em- powered to sell such portion of the Halifax Common in such lots, and for such prices or sums of money as they may deem best for the public interests of the inhabitants of such city, being, however, not less for any lot than an amount eiiuul lo the rental or twenty years of such lot. (3.) Upon the sale of such common lots, the deed or deeds to the purchaser or purchasers shall be in fee simple, given in the imme of the City of Halifax. (4.) The City Council shall fund or vest the principal or piu'chasc moneys deru'ablc and accruing from the sale of such lots in good securities ; and the principal moneys shall not ho used, but shall remain a fimd ; and the interest arising from such principal moneys shall be used and appropriated for the improvement of the portion of such common remaining un- sold, under the directions of the City Council or of the common committee of such City Council. C. 24, 1871. m W m TITLE XI.] COMMISSIONERS OF POOR. 163. le common TITLE XI. THE rOOR. I. — Constitution, Powers and Duties, of Board OF Commissioners. (1.) Tlic Governor in Council may appoint eight persons Iliinnl of Com- ,, . Ml I "i "11" mlHHloiu'rs of nnd the city council three other persons, who, with the mayor itosiiitui and - •' ' ' -^ i'oorB- AHyluin, ' liowcunt>t.tut«)d of the City of Halifax for the tl;o sons, time being, shall together! constitute a board of commissioners, to be called the Com- luissioncra of the Hospital and Poors' Asylum, and may anniiiilly elect their own chairman. (2.) Such commissioners shall be, and are hereby con- stituted a body corporate, with all the rights, powers and privileges, incident to corporations in this j)rovince, under the name of ♦' T|j,q commissioners of the Hospital and Poors' Asylum." (3.) When any vacancy shall occur in such board, it shall be filled up by either the Governor or city council, who may have appointed the commmissioner in whose stead another is required. C 42, 18(56. (1.) Immediately after the passing of this Act the city council shall elect from amongst their own members three persons to fill the places now occupied by the commissioners appointed by the city council, under the first section of the Act hereby amended, which places are hereby declared vacant. The three commissioners so elected shall immediate- ly after'their election enter upon the duties of Commissioners of the Hospital and Poors' Asylum, and shall hold such office for the term for which they shall respectively continue to be aldermen ; and the city council shall, as vacancies occur, appoint other commissioners from the members of the coun- cil. Each commissioner shall hold such office during the term he remains alderman, not, however, exceeding three years. (2.) Nothing herein contained shall prevent the re-election as such commissioner of any person who may have been returned as alderman for any ward of the city after a new election. C. 25, 1871. 570. All the lands and premises in the city, with the buildings thereon, now held or occupied by the said commfi- sioners, shall be vested in the commissioners of the poors' OommiHHloncrii tu brenticeB. TITLE XI.] MISCELLANEOUS PROVISIONS AS TO POOR. These npprcnticca arc not to bo taken out of the province, and are lo be fed, clothed, hidnjed, and instructed by tlie party to whom tiiey are bound. The coinniissioners, or any three of them, may execute tlie indentured and affix their corporate seal. They shall preserve a ™^"*- and subject to such conditions, as to such commissioners shall seem fit, for the purpose of erecting and maintaining thereon a marine hospital, or of adding a new wing to the existing Provincial and City Hospital, which is now used in part as a marine hospital. C. 3G, 1874. tf lid".' II. — Miscellaneous Provisions. 567. The poor of the City of Halifax, who by law are Objects, chargeable upon its inhabitants, shall be accommodated, supported and relieved in the city asylum. 568. No pension, out door allowance, or other relief out door relief- granted to persons not residing in tlie asylum, shall be granted or paid out of any funds raised by assessment in the city. m ^mM m 166 CITY OF HALIFAX. [part I. 'i ransicnt pau- pers. Hef factory in- mates. Begister. Books of ac- count. Earnings of paupers. Annual account Alistract to b*^ publiRlicd. Lift of inniates sent to city clerk. 576. Any other poor, sick, or distressed persons, not chargeable on the city, may be taken into the asylum and relieved by the commissioners out of any funds they may receive by grant from the provincial treasury or otherwise. Such persons shall be ia all respects subject to the rules of the asylum, and no oharge for their support shall be made to the city or its inhabitants. 579. Any disobedient or refractory inmato may be ex- pelled froia the asylum by written order of any two of the commissioners. 580. A register shall be kept, in which shall be duly entered at the time, the admission and discharge of each inmate of the asylum, and such other particulars and tranib- actions as the commissioners may direct. 581. liegular books of account sliall be kept, showing all receipts and expenditure of money by the commissioners, or under their authority. 582. An recount shall be kept with each pauper, showing his expense and crediting h's earnings ; and, if he earns more at any time than he has cost the asylum, he shall have the balance for his own use. 583. A distinct and separate account shall be kept and annually made up, shewing tlie expci ses incurred in the re- lief of all paupers legally chargeable upon the City of Halifax, in which the persons so chargeable shall be specified, inclu- ding their fair proportion of all general expenses ; all orphan children, and inflmts whose parentage is unknown, to be considered as a city charge. This account shall be annually rendered by the commi *sioners to the city council, on or before the fifteenth day of iJeoember, and, when approved by the city council, the amount of it shall be included in the general assessment on the city •, but no other sum shall be charged on account of the poor in the city assessment. 584. The commissioners shall annually publish, in the Hoyal Gazette, an abstract of their accounts, showing the numbers of city poor, of transient paupers, the amount of expenses and of moneys received, with such other particulars as they may deem useful. 585. The commissioners of the poors' asylum shall twice a year, in J-inoary and June, send to the city clerk a correct list of all tlie inmates therein, shewing when each one was received and discharged, also conveying such information as thoy may possess of the birth-place or settlement, and of the age and state of health of each inmate ; and these lists shall be carefully preserved in 'the city clerk's office and be accessible to any citizen by permission of the mayor or any alderman. •»t , TITLE XI.] ERECl'lON OF NEW POORS ASYLUM. 167 58G. The commissioners' account shall be annually audi-Acoonntstobe ted, in such manner as the governor in executive council may from time to lime direct. 587. No commissioner, officer, servant or inmate of the ^^J'^'^^^'^J^.-ob® asylum shall be a contractor for supply of any articles required, nor have any commissions or emoluments on any purchases or sales connected with the asylum. 588. Ardent spirits shall not be admitted or kept in the Ardent spwti. asylum, except under medical charge for the use of the weak and si(;k, when ordered by a pliysician. III. — Provisions as to Erection of New Poors' Asylum. (4.) The land and premises now occupied by the Com- THiejo^ar^, niissioners of the Poors' Asylum, now included within their misaioners ot fence, bounded on the South by Spring Garden Road, on the vented in com- ' AVest by Queen Street, on the North by Government property, ^,'fnted^under and on the East by the old burying ground, including the site*'*'®-^°** of tiie old jail, and lands connected therewith, and all right and title thereto are hereby vested in the Commissioners of the Hospital and Poors' Asylum, when appointed as in this Act provided. (5.) The commissioners shall, with as little delay as Plan of lands possible, cause a plan of the said lands to be made, laying Liayingtium off the same in building lots as they may deem most***^'"'"**" advantageous. (6.) A majority of the commissioners, when they shall commissioneri deem it expedient so to do, shall sell the said lots at public loTs arpubile auction ; and the chairman shall execute and deliver deeds ""•"o°- under the corporate seal to the respective purchasers of said lots, and an absolute title m ffc simple shall thereupon vest in such purchasers. (7.) That portion of tii^i S uth Common bounded on the certain lan.is / __ i_ - _ . _ . . -n the South winmon vested 1 Commisfiion- . - . - . ra of Hospital Belmont, and on the North bv Morris Strot't, is hereby vested ""'V'"""' , • ' •/ Asylum. in the Commissioners of the Hospital and Poors' Asylum and ^licir successors forever. (8.) The commitfsioncrs shall appropriate the funds «eris- proceeds arisinp; ina; from the sale of the lands vested in them by the fomth jands-how clause of this Act towards the erection of a poors' asylum *pp'""P'"***^'^*- on the lards vested in tlioiu by the seventh clause of this Act, and for the repairs and c'onipletion of the hospital ; and shall also '^xpcnd such sums as may be granted by the Province and the city for the same purpose. East by Tower Road, on the South by South Street, on the p" ,nmo1rv!.si "W'est by the road leading from Spring Ganlen Road to|° ^^""1™*^'"'"- *,r-:^ 168 CITY OF HALIFAX. [part I. R r |. I,l! ^Sn IM It! ■h '.: ' J r Surplus of money reqiiirod —how provided City Council may borrow uinountnot to i-xcwd !«20,000. City property liaole to pay deboutures. Manner in which city shall pay 520,000. City Council to provide addi- tional $10,000 for Hospital and I'oors' Asylunj. Sum to be raised by dobentures. City Council to jiay over to CornmisKionprs of Hospital and I'oors' Asylum. (9.) All moneys required for the repairs and completion of such hospital, and tlic erection of the poors' asylum, above the proceeds of lands sold under this Act, shall be provided and contributed by the Government and the City Council, in the proportion of two-thirds by the Government and one-third by the City Council. (10.) The City Council shall borrow on the security of the City of Halifax, the amount to be contributed by them for the purposes aforesaid, not exceeding^ twenty thousand dollars, and shall issue debentures in the usual manner for the repayment of the same with interest ; and the city council shall have power to include in the general assessment, from year to year, in addition to all other sums now provided for by law, the amount necessary to meet the annual interest upor such debentures. (11.) The property, real and personal, of the city sliall be made liable to pay the dobentures to be issued by the city for the proportion to which it is made liable under the tenth section of this Act. C. 42, 18C6. (1.) The city council shall, whenever req.iired so to do by the Commissioners of the Hospital and Poors' Asylum, pay and advance to them so much of the sum of twenty thousand dollars as may from time to time be required for the purposes of the said Act ; and when the new asylum shall have been completed and the necessary expenditure in the hospital shall have been made, and the sale of the site of the present poors' asylum shall have been effected, whatever balance shall be then in the hands of the commissioneis shall be accounted for and paid, one-tliird to the city council and two-thirds to the Provincial Governme^it. C. 03, 1867. (1.) In addition to the sum of twenty thousand dollars which the City of Halifax is required by law to raise for the purposes aforesaid, the city council shall raise and provide a further sum of ten thousand dollars, making in all the sum of thirty thousand dollars. (2.) The additional sum of ten thousand dollars shall be raised by debentures, in the same manner as is now provided for raising the said sum of twenty thousand dollars ; and the city council shall be empowered to dispose of the debentures authorized by this Act and the Act of which this is an amendment at the current rates in the market. (3.) The city council whenever required so to do by the Commissioners of the Hospital and Pools' Asylum, shall from time to time pay to them so much of the said sum of thirty thousand dollars as they may require for the purposes aforesaid. $» TITLE XI.] ERECTION or NEW i-OORS ASYLUM. 169 curity of by them thousand 3r for the r council )nt, from vidcd for I interest ?,ity shall y the city the tenth 80 to do ' Asylum, of twenty ■ed for the lum shall re in the te of the whatever nci's shall )uncil and 18G7. id dollars c for the )rovide a le sum of s shall be provided ; and the iebentures this is an do by the shall from sum of purposes s»- general City Council shall assHss for one-third main- tenance of Ilotpital. Commissioners to render accounts. Commissioners may open ac- count with bank. (4.) The , city council shall include in the assessment imposed on the city from year to year, upon the requisition of the said commissioners, whatever sum of money may be required by them for the annual maintenance and support of the said hospital, being one-third part thereof, and shall pay the same quarterly to the said commissioners, who shall render an account once a year to the Provincial Government and to the city council of the expenditure thereof. (5.) The said commissioners may, if they see fit, open a cash account with any one of the chartered banks in the city for any money that may be required by them for the purposes aforesaid ; and the property and assets of the said corimissioners shall be held liable for the r^' -^yment of the moneys so borrowed. C 25, 1868. (1.) The commissioners shall cause the land and premises commissioners described in the fourth section of Chapter 42 of the Acts of in ictsf' 1866, entitled " An Act to regulate the Poors' Asylum and Ilospual in the City of Halifax " hereby amended, to be laid off in lots or otherwise, as in the fifth section directed ; and as soon as the new poors' asylum shall be so far completed as to be ready for the reception of p.;upers, the said land and premises shall be sold at public auction in lots ; and the same shall be finally disposed of within one year from such completion. (2.) The proceeds of such sale shall be paid into the Proceeds to be Piovincial Treasury, to be disposed of under the provisions vinciaiTrea'sury of the Act hereby amended, and the Acts in amendment thereof. (7. 2(3, 1868. (1.) In addition to the moneys already borrowed in City authorized connection with the poors' asylum and hospital, the City of to pay balance Halifax is hereby authorized to raise and provide on the credit l"'yium^'and* uf such city and the security of this Act, a further sum, not "°*''**'''- to exceed the sum of two thousand five hundred and fifty dollars, to pay the balance due by the city for the erection and repair of such institutions. five hundred Sum to bo raised by dcben- (2.) Such additional sum of two thousand and fifty dollars shall be raised by debentures in the samcturesT manner us is now provided for by Chapter 42 of the Acts of 1806, entitled, "An Act to regulate the Poors' Asylum and Hospital in the City of Halifax ;" and the city council shall have power to dispose of the debentures authorized by this Act at the current rates in the market. 170 CITY OF HALIFAX. [part I. City Council hIiuII pay por tioiis of audi (3.) The city council whenever required so to do by the Commissioners of the Hospital and PoorslAsylum, shall from to comm*iss"ion.^ time to time pay to them so much of such sum of two auVi'oors'"*' thousand five hundred and fifty dollars as they may require Asylum. fop the purposcs aforcsaid. ii «!■ Ms J ^BS't^nHl lt|S|^9^H H M- J'Trj 1 111 IV. — Mode of Support, &c. Annuaiexpanse (2.) The annual expense of the hospital shall be paid and borne, two-thirds by the government and one-third by the city council ; and the city council chall have power to include in the general assessment, in addition to all the sums now provided by law, the amount necessary to meet their propor- tion of such annual expense, as well as their proportion of the cost of erecting the poors' asylum and the repairs and completion of the hospital. Return of ex- (3.) The Commissioners shall render to the government, ?nade to Ro vein- find Jilso to tlic city council, annually, jin account of all ment.etc. expenditures made by them, under the provisions of this Act. C. 93, 1867. See also Revised Statutes, Fourth Series, Chapter 33, ** Of the Settlement and Support of the Poor," and Chapter 35, "Of the Maintenance of Bastard Children." TITLE XII. PUBLIC SCHOOLS. * - I. — Board of Commissioners. Constitution (84.) Thc City of Hdifax shall be one school section ; Halifax School and tiicre shall be twelve commissioners of schools for such ^°" ■ city appointed [six by the Governor in Council and si."c by the City Council.] ♦ * * * » The board shall be a body corporate, and may exercise all the powers and perform all the duties of trustees of public schools in and fur the city. C 32, Revised Statutes. TITLE XII.] BOARD OF SCHOOL COMMISSIONERS. 171 (1.) As soon as conveniently may be after the passing of gg'}j^j"p'^°')|,jgf this Act, Jincl not more than three months after such date, it^'o^erefor ci% shall be lawful for the Governor in Council to appoint six persons, being laymen, who shall, with the six aldermen chosen by the city council in November last, constitute the Board of Commissioners of Schools for the City of Halifax up to the first day of November next. (2.) The names of such six persons so appointed by the p^'^|]^*'"^,|;'^"J^"g Governor in Council, shall, forthwith after their appointment, be published in the Royal Gazette^ in such order as the Governor in Council may direct. (3.) The board so constituted shall, at their first meeting, vice-ufalrman which may be summoned by the secretary of the existing board or by any three members of the new board, elect a chairman and vice-chairman, who shall hold office until their successors are appointed : provided they continue to be mem- bers of the board. (4.) The two of such six commissioners, whose names Commissioners shall stand first on the list published in the Royal Gazette Govornor in as aforesaid, shall go out of office on the first day of Novem- ou"of I)iiic,%aiid ber, A.D., 1878,' and their places shall be filled by two ^bellied artou persons, being laymen, to be appointed by the Governor in'^ws. Council, and to hold office for three years from such first day of November. The two commissioners whose names shall stand next on such list shall go out of office on the first day of November, A.D., 1879, and their places shall be filled by two lay persons, to be appointed by the Governor in Council, and to hold office for three years from such first day of November ; and the two persons whose names shall stand last on such list shall go out of office on the first day of November, A.D., 1880, to be replaced by two lay persons appointed for three years from such first day of November last mentioned. After such date the two senior of the six com- missioners, appointed by the Governor in Council, shall go out of office on the first day of November in each year, and two persons, being laymen, to be appointed by the Governor in Council, and to hold office for three years from such first day of November, shall be appointed on such day, or as soon after as conveniently may be, to take the places of the com- missioners so retiring:. polntment (o.) On the first day of November next, or so soonAppo ,1 fi . .'' , ^, . ., , ,1 by City Council. tlicreatter as conveniently may be, tne cit;^ council sbail appoint six persons, bemg laymen, to be members of the Board of Commissioners of Schools for the City of Halifax, together with the six commissioners appointed by the Governor in Council as hereinbefore provided. , ;..■:■!' • t I-' I 172 CITY OF HALIFAX. [part I. (0.) The names of such six persons shall, within a week Nampfl to be re- turned to the SreT'""'** ^'?- after such appointment, be returned to the Provincial Secretary in such order as the city council shall determine. »pp^^!^dh7^ (^O "^'^o ^^^'♦^ ^>f 8"ch six persons, whose names shull gooutToiiice ^^^"^^ ^^^^ on such list, shall go out of office on the first diiy and their places of November, A.D., 187(), and their places shall be filled hv fallows. two lay persons, to be selected by the city councu, and to hold office for three years from such first day of November. The two persons whose names shall stand next on such list shall go out of office on the first day of November, A.D., 1877, and their places shall be taken by two lay persons to be selected by the city council, and to liold office for thr.e years from such first day of November ; and the two persons whose , names shall stand last on such list shall go out of office on the first day of November, A.D., 1878, and shall be replaced by two lay persons, cho^ by the city council, to hold office for three years from such last mentioned day. After such date the two senior of the six commissioners appointed by the city council, shall go out of office on the first day of November in each year ; and two persons, being laymen, to hold office for three years from such first day of November, shall be selected by the city council on such day, or as soon thereafter as con- veniently may be, to take the places of the commissioners so retiring. el°efigTbi^''fo?"" i^-) No such Commissioner, whether appointed by the ^ntJ|'j^'^/JJ|^"*' Governor in Council or the city council, shall be eligible for "o"in"'*'^t"'f'"*'^*^"'^l^l^^"^*'"^"^ *^ *^^^ board until the expiration of twelve office. months from the time of his goiniir out of office, faoanc'-how ^^'^ '^"^ extraordinary vacancy in the board, caused by ailed up. death, resignation, removal from the city, refusal or inability to act, or other cause, shall be filled by a lay person, appoint- ed by the body or authority who shall have appointed the person causing the vacancy, to hold office for the unexpired term of the person so causing such vacancy. (10.) If from any cause all or any of the persons to be appointed, either by the Governor in Council or by the city council, under the provisions of this Act, shall not have been When Commis- sioners are not appointed at lixed time, or refuse to act, remaining Com missioners may appointed at the time fixcd for such appointment, or having act. been appointed shall not act, it shall be lawful for the com- missioners who miiy have been appointed and consented to act, to act until the vacancies so existing shall be filled up. (11.) At the first meeting of the board in November next, vico-ciiairman. and at tlic first meeting after the first day of November in each succeeding year, they shall elect a chairman and vice- chairman, who shall, if they continue to be members of such board, remain in office until their successors are appointed. Election of chairman am' Such Board sliiill havn all tlu' jiowcrB. f tc, of tlu> existiug Boai-d. Notice of np pointtnfnt to he jiublislif'd intiK' Jioyal Gazette. Inconsistent law repealed. TITLE XII.] POWERS AND DUTIES OF COMMISSIONERS. 173 (12.) The Board of Commissioners of Schools for tlic City of Halifax, provided for in this Act, shall have, exercise and enjoy all the rij^hts, privileges and powers, and perform all the duties now had, exercised, enjoyed and performed by the existing board of commissioners of schools for such city. (13.) Notice of the first appointment of the commissioners, and of all subsequent appointments, shall be published in the Royal Gazette as soon as conveniently may be after such apj)ointments. (14.) So much of Chapter 32 of the Revised Statutes, " Of Public Instruction," of Chapt. i) of the Acts of 1808, of Chapter 27 of the Acts of 1809, and of any other existing enactment as is inconsistent with this Act is repealed. -C. 32, 1875. II. — Powers and Duties of "Commissioners. (93.) * * * * TJic commissioners shall appoint CommiRsloncri , > ^ , 1 £ I,- 1 tonpi.oint their own secretary ana fax his salary. secretary, etc. (80.) The board of commissioners shall take all necessary Duties of board gteps to provide sufficient school accommodation; and shall aiouew™" furnish annually to the Superintendent of Education a report of their proceedings under this Chapter ; also returns of all ecliools subject to their control, and a statement of the appro- ])iiatiou of all moneys received and expended by them under the provisions of this Chapter. (87.) The board of commissioners are authorized to co-B?ardofcoiTi- operate with the governing body of any city school, on such aid any city terms as to the board shall seem right and pro[)er, so that theoVirbcaTre'e* benefits of such school may be as general as circumstances *'^''°"'" will permit ; and the board may make such allowance to any aich school out of the funds under their control as shall be deemed just and equitable ; but no public funds shall be gianted by them in support of any school , unless the same be a free sciiool. (88.) On request of the board of commissioners, specify- ^^^^i^"""*^" . ^ . '' ^ . , . IT. -tin shall assess sum inw the amount reriuired m audition to the sums provided from ruijuired by i" .'li /.^i ■> .1 -i commissioners the provincial treasury, tor the yearly support and mainten- for school pur- ance of the schools under their charge, the city council shall ^°'""'" be authorized, and are hereby required to add a sam sufficient, after deducting costs of collection and probable loss, to yield the amount so specified by the board, to the general assess- Modo oft mcnt of the city, to be levied and collected from the inhabi- ""*"*• tants thereof, and from property lying within the county, the owners whereof reside in the city ; and on the payment of the required fee, the city assessors shall furnish to the trustees of Dartmouth or other school section, and the clerk of the : assets' M 174 CITY OF HALIFAX. [part I. Not to exceed «60,000. Objects provid- ed for out of usseasmeut. Mf j| 'f , peace for the county shall furnish to the city assessor the information necessary, in order to give effect to this provision. Any person who may have been assessed, both in the city and in Dartmouth, or any of the school sections in the county, in respect of such property, shall be entitled to receive back the amount paid by him, either in the city or in Dartmouth or other school section, as the case may be, in accordance with the foregoing construction of the law. The sum so assessed shall be paid quarterly by the c'ty treasurer to the board, upon the written order of the chairman or vice-chairman : provided, however, that the commisaioners shall not have power to assess the city for any greater sum than sixty thou- sand dollars in any one year, without the consent of the Governor in Council, given at the request of such com- missioners. (89.^ The objects to be provided for by the board of commissioners, out of the sum so .assessed, shall be the salaries of teachers and assistants, and of the secretary of the board, the leasing of lands and buildings for school purposes, the repairing and improving of grounds and buildings, the clean- ing, fuel, and insurance of school-hiuses, the purchase of prescribed school-books, the interest payable on debentures issued by the board, and all other expenses required in the due execution of the different powers and trusts vested in the board by this Chapter. (90.) The board of commissioners shall have power to select and purchase sites for school buildings, and shall have power to borrow money for the purchase of the same ; as also for the purchase or erection of school buildings, the im- provement of school grounds, and the purchase of suitable furniture and apparatus for the schools under their control ; but the commissioners shall not enter into any contract for the purchase of any land nor for the erection of any school building until such contract has been submitted to, and obtained the approval of the Governor in Council. Boardmayissue (91.) To enable the commissioners to borrow money, debentures. .i* jua. • if> ir" i. they may issue debentures, m such form, and tor such sums as they may decide upon, payable with interest in twenty-five years from the date thereof, free from taxation ; such debentures to be a charge on the City of Halifax, and the interest thereon to be paid every six months, and to be included in the sura specified and required to be assessed upon the inhabitants of the city, as aforesaid. The debentures shall be sealed with the corporate seal of the board, and shall be signed by the chairman, and countersigned by the secretary. Board may bor- row money for sites aad build* ings. Proviso. TITLE XII.] POLL TAX FOR SCHOOLS, &C. 175 :ovi8ion. (92.) The board of commissioners are hereby invested 2,'«„*°pP^JJ.'°ty with the title of all public school property, real and personal, [^J'a^P^aV"'"*"' within the city (with the exception of the Halifax Grammar schoui) vested School) ; and may sell and dispose of the same, or any part commiMioners. thereof; and with the proceeds may pumhase new school- house sites, and erect new school-houses in such places and at such times as they may deem expedient. (95.) The Superintendent of Education shall be em- superintondont powerecl to pay to th3 board o: commissioners the grants sioncrs grants provided by law for teachers and assistants employed in the *° ^^"^ '"*' city. (96.) The board of comraisr''"".er8 for the city shall be commisdoners empowered to dispose of debentures, authorized under this Sutures. Chapter at current rates. (97.) The board of commissioners for the city shall be Coj^^',*^»]<'JJJ^ entitled to receive a sum, in no case to exceed a thousand annually, dollars annually, as remuneration for their services ; such remuneration to be apportioned according to the promptness and regularity of the attendance of the members of the board, iind the amount of labor performed by each, as the board may decide. (98.) All moneys assessed on the City of Halifax for pity Treasurer \ ^ V •/ \^ pftv ovGr educational purposes, and in the hands of the City Treasurer, money to board, shall be paid over by him to the Commissioners of Schools for the City of Halifax, at the times and in the manner hereinbefore provided. (99.) The Commissioners of Schools for the City ofcomm^ssjonors Halifax are authorized to effect insurances on school-houses. Bcbooubouses. # ■ \ III.— Poll Tax, &c. (94.) Every male person of full age having been resident Each male resi- . \ .. . •' .1 * J • T 4. 1 • * dent of full age m the city six months or upwards immediately previous to to pay one doi- the levying of the assessment in any year, not being assessed pf'pu^iicPP"'^ to the amount of one dollar for the support of public schools schools- in respect of real or personal property, shall be assessed in the sum of one dollar for the support of such schools during the year ; but the city council shall have power to exempt from the payment of such assessment any person whom they may deem unable to pay the same. (100.) The provisions of this Chapter except as herein How far provi- sions of Ch&DtGr otherwise specified shall apply to the City of Halifax ; pro- apply to Haii- vided that the pupils of any ward shall be entitled to school ^*^' privileges in any other ward. (7. 32, Revised Statutes. 176 CITY OF HALIFAX. [part 1. I I 'VI : .*1 Trusteoi— how appointed. Trustees a body corporate. Real estate vested in Trus- tees. Trustee?' may Bell laud, etc. Vacancies in trustees, how filled. Portion of Act 20, Geo. 3rd and amendment, repealed. IV. — Halifax Grammar School. (1.) The Governor in Council may appoint seven per.«»ons to be Trustees of tiie Halifax Grammar Sehool. (2 ) Such trustees and their successors shall be a body corporate, by the name of " The Trustees of the Halifax Grammar School " ; and all the rights, powers and privileges conferred by any j)revioU8 act of this Province on former trustees are iiereby conferred upon the said trustees and their successors. (3.) All the real estate, lots of land and premises in the City of Halifax, situate on Argylc, Sackville and Harrington Streets, on which the present Grammar School (with its appurtenances) stands, together with the buildings thereon, are hereby vested in the trustees so to be appointed and their successors. (4.) Such trustees and their successors, are hereby empowered to sell the said lots of land, buildings and premises, and to purchase other lands for the said school, in the City ot Halifax, and, if necessary, to mortgage such lands when purchased, for the purpose of erecting tlnreon buildings suitable for a school-house, and, if practicable, for a masterV residence also. (5.) Whenever vacancies shall occur in such board of trustees, such vacancies shall- be filled up by the Governor in Council. (6.) So much of the Act passed in the twentieth year of his late majesty King George the Third, entitled " An Act for the establishing a Public School in the Town of Halifax," and of the act in amendment thereof, as is inconsistent with this Act is repealed. C. 97, 1865. See, as to Education generally, Chapter 32 of the Keviscd Statutes (Fourth Scries,) «« Of Public Instruction." ,J r •ilt-- re hereby i premise!*. :he City ot inds when buildinjis a master'^ TITLE XIII.] TRANSrORTATION OF GUNPOWDER. 177 4 TITLE XIII. MISCELLANEOUS. T. — Transport ATiON of Gunpowder. "5L No person shall convey by land more than one Quantity to be thousand pounds of gunpowder at one time. 1252. No gunpowder shall be placed in any one cart or To bo covered, vehicle to be land borne, unless the same shall be completely covei'cd with woollen or hair cloth exclusive of the package and the covering of the carriage. 253. No carriage conveying gunpowder shall be stopped stoppage, less than twenty rods from any dwelling house. 254. No iron, steel, or metallic substance, other than No mctai in copper hoops on the casks, shall be placed on any carriage'**"'""""'"'^' together with any quantity of gunpowder exceeding fifty pounds. 255. No gunpowder exceeding fifty pounds shall bePowdortobein placed in any carriage, but in barrel, half barrels, or quarter '""^ "" barrels, tight, well hooped, with wood or copper hoops. 256. No more than twenty-five pounds of gunpowder covered, shall be carried from one place to another, unless the package be well hooped and sufficiently wrapped with woollen or hair cloth. 257. If any person shall offend against the provisions of Penalty, the six previous sections of this Chapter he shall forfeit for every offence a sum not exceeding foi'ty dollars nor less than two dollars ; and on non-payment shall be imprisoned for not more than thirty days nor less than two days ; one half of the fine imposed to be paid to any party who shall give such information and evidence as may lead to the conviction of the guilty party. 258. Nothing in this Chapter contained shall affect the h. m. service ^ '-', n TT -hr • . i c^ ' >"*t ttffoctod. carnage of gunpowder for Her Majesty s bervice. See also Chapter 64, Revised Statutes. II. — Ancient Lights. 592. Within the boundaries of the City of Halifax, no no restriction person or corporate body shall be restricted or prevented '" *'"»^<^«' from building to any height he or obey may judge necessary, ia ■^ ^^ IMAGE EVALUATION TEST TARGET (MT-3) '^^ .**1V^. 1.0 I.I 1.25 li£|M 125 UO i 1^ ;^ 124 i 2.2 US 111 ■ 40 2.0 1.4 1.8 1.6 6" m w 7 ^> .« y J /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ■^ 1 V 178 CITY OF HALIFAX. [part 1. Rights not af- fueled* .Sale of obscene literature in Cltv of Halifax forbiuden. fonalty. by any right acquired or pretended by any adjacent proprie- tors, by reason of any lights, windows or openings for air or light in premises near to or bounding on such intended building. 593. No rights of ancient lights attached to windows, which have been in existence for twenty years prior to the passage of this Act (12 May, 1860), shall be destroyed or diminished thereby. III. — Obscene Literature. (9.) No person shall hereafter introduce into, or offer or expose for sale within the City of Halifax any books, period- icals or newspapers, photographs, prints or pictures of any such kind, of indecent or obscene character or tendency. All books, periodicals, newspapers, photographs, prints or pic- tures, of indecent or obscene character or tendency, shall be forfeited to the city, and shall be seized and destroyed wherever found, by the mayor, stipendiary magistrate, any alderman, justice of the peace, officer or member of tlie police force, or any other officer of the city, or any person appointed for the purpose by or on behalf of the city council ; and any person who shall sell or expose for sale, or keep in any shop or place, any such book, periodical, or newspaper, photograph, print, or picture of indecent or obscene character or tendency, shall, upon conviction in the police court, forfeit and pay for each offence no£ less than five nor more than fifty dollars, or in default of payment of such penalty shall be imprisoned one day for each dollar of the same ; such imprisonment to be in the county jail or city prison at the discretion of the stipendiary magistrate or other officer presiding in the police court. (10.) The city council shall have power by resolution from time to time to declare by name, what books, periodicals, or newspapers, shall be regarded as indecent or obscene in character under this Act ; and any such resolution shall have, until disallowed by the governor in council, the force of law. 0. 8, 1873. IV. — Inspection of Provisions, &c. 413. The city council may annually, or otherwise, appoint for the city, * * * * ^ surveyors of lumber sold within the city, and all other officers necessary for carrying out the Remuneration, objects of this Chapter ; and may fix .the rate of remuneration by bye-laws or resolution when the same is not fixed by this Act. City Council empowered to declare what literature shall be regarded as obsceuc. Inspectors ap' pointed. TITLE XIII.] INSPECTION OF PROVISIONS. 179 Fresh Beef. 429. Fresh beef, slaughtered in the city, and sold by To be inspected, weight at a stated price, shall, if required, be inspected and weighed by an inspector of beef, who shall, at his discretion, make a fair allowance to the purchaser for any loss he may sustain by the same being weighed within four hours after the slaughter, or for any bruises found thereon, or to the seller, by making compensation to him for what may have been improperly trimmed off or reduced in weight by the purchaser. The hide and tallow shall, if the seller so require be weighed with the carcase, and paid for by the purchaser as for the like quantity of beef; and ic shall be imperative upon the purchaser to take such hide and tallow, under a penalty of four dollars for each carcase. 430. Nothing in the preceding section contained shall Exemptions, prevent any person from selling or purchasing live cattle by weight, nor shall extend to any contract with the government or any public department. 431. Where no more than t\,:' '■ 'casts shall be inspected Fees, and weighed at one time, the officer snail receive fifteen cents for each, and where three or more, ten cents for each. 432. The officers for every neglect of duty shall re spec- penalty for lively forfeit not less than eight nor more than twenty °^«'^''*°^''"*^- dollars. i Bread. 438. AH bread intended for sale shall be marked in To be marked Roman characters, with the initial letters of the grain of the flour or meal of which it is made, and with the initials of the christian and surname of the baker, and shall be also marked with the weight thereof. 434. All bread intended for sale shall be made to the^p'K'itof following weights respectively, and no other, viz.: four pounds, two pounds, one pound, and eight ounces. 435. No person shall sell any bread that shall not be Penalty marked in accordance with the four hundred and thirty-third section ; and any person, violating the same, by having in his possession, selling, or offering for sale, any bread not duly marked, shall forfeit for every loaf not duly marked, not less than twenty cents nor more than one dollar. 436. Every person selling bread shall keep a pair of scales ^"■^'* *^P and weights, in order that the purchasers of such bread may, if they require, have the same weighed. 180 CITY OF HALIFAX. [part I. Procoodings to 437. Any alderman of the City of Halifax, or consta1)lc » a cip ,- 'authorized by the warrant of (the stipendiary magistrate) an alderman, or a clork of the market, may visit the premises wherein bread is made or sold, and may search for and weigh all bread therein ; and if any bread be found therein under the prescribed weight, or not marked as herein directed, the same shall be seized, and on proof of the fact before (the stipendiary magistrate) the mayor or an alderman of the City of Halifax, it shall be disposed of to poor persons, under the directions of such (stipendiary mag"istrate,) mayor or alderinaR, Penalty for Ob- 438. If any person shall obstruct or oppose the officer in structing search i"^! • i ^ ^^ r r ■ ii makmg such search or seizure, he shall lorieit not less tlian four, nor more than eight dollars. Penalty for sell. 439 ^nv person sellins: bread deficient in weight, and the mg light bread. . " ~ . . . . offence being proved by the same being weighed within tweuLV- four hours after baking, at the police office, before (the stipendi- ary magistrate,) the mayor or alderman of the City of Halifax, shall, unless the deficiency appear to have been occasioned by some unavoidable accident, forfeit not less than ten cents, nor more than fifty cents, for every half ounce deficient. van^oiTeudin^'^" '^'^^* ^^ ^^7 servant or journeyman in the employ of a etc. ' baker shall offend against these provisions, he shall forfeit not less than fom*, nor more than eight dollars ; and in default of payment, he shall be imprisoned not less than seven nor more than fourteen days. ifbaker fined by 441. If any baker shall pay any of the foregoing penalties servant. in consequeiice of the wilful neglect or default of his servant or journeyman, (the stipendiary magistrate or) any alderman, upon the application of such baker, may cause the offender to be brought before him, and order him to pay a reasonable sum by way of recompense ; and if he shall not comply with such order, may commit him to the city prison for a period not exceeding a month. 442. These provisions shall not apply to loaves made to order, and rasped by the desire of the customer, nor to loaves LimitaUonof or cakcs sold weighing less than half a pound. Prosecutions for breach of any such provisions shall be commenced within three days after the offence committed. Bread, e*!,, ex- cepted. actions. Tare. Tare on Sugar. 460. The tare to be allowed on the sale of brown or raw sugar, shall, upon every barrel, be tsventy-two pounds ; and upon every other package of the weight of fourteen hundred pounds or less, eleven pounds for every hundred pounds of gross weight ; and upon every package of such sugar above TITLE XIII.] INSPECTION OF PROVISIONS, &C. 181 the weight of fourteen hundred pounds, the tare shall be ten pounds for every hundred pounds of gross weight. 4(51. Any person Avho shall not allow the full tare asrcnaity. herein prescribed, shall forfeit fifty cents for every hundred Aveight of the sugar upon which such full tare shall not be allowed. Voal and Salt. 462. Coals sold from ship-board, by retail, shall be sold "^''^ ^o''^- by the ton weight of two thousand two hundred and forty pound avoirdupois, and its subdivisions. 4()o. All coal or salt sold from ship-board by retail, in the J" ^oaJS^'' City of Halifax, shall be weighed or measured by officers ap- pointed for the purpose. 464. If such coal or salt shall be delivered to any truck- I'enaity. man or other person withcut having been weighed or measured according to the two last sections, the seller shall forfeit the same or the value thereof to the use of the poor. 465. The measurers of coal shall receive from the seller Fees, five-pence for every ton, and measurers of salt shall receive tuo-pcnce for every hogshead which they shall respectively measure. 466. If any measurer of coal or salt shall undertake to J^^^^jj^y,^"'" attend the admeasurement of coal or salt from more than one vessel at the same time, he shall forfeit a sum not exceeding . eight dollars for each offence; and for any neglect or miscon- duct other than the offence last mentioned, a sum not exceeding twelve dollars. Hay. ill. Hay may be weighed in scales, or by steel-yards, ^o bo weighed. duly stamped by the clerk of the market ; and weighers shall Fees, receive at the rate of a penny for every hundred weight of hay weighed by them, and four pence for every mile they shall be required to travel, if the distance shall exceed one mile. Cordwood. 472. Every stick of cordwood intended for retail shall MoasnreniGnt r ' ^ • 1 ic 1 r 11 and description, measure four leet in length, accounting half the scari, and be sound hardwood ; and every cord shall be of the full length of eight feet, and four feet high, and piled close. 473. All cordwood sold from ship-board shall be surveyed Fees, and measured before sale by an officer appointed for the pur- pose, who shall receive four pence from the seller for every cord by him surveyed and measured. 182 I'cnalty. What sticks to be rejected. Without crook- L'd wood. rcnalty for measurer. CITY OF HALIFAX. [rART I. 47-1. Persons selling such cordwood without having the same surveyed and measured under the last preceding section, shall forfeit the same or the value thereof. 475. All sticks of such wood not of the requisite length, shall be rejected by the measurer. 47G. Persons offering any cordwood for sale shall pile all the crooked and rotten sticks, if any, separately ; and if, on the survey, the measurer shall find any rotten wood or any crooked sticks in the cord, which shall prevent the same being piled close, such crooked or rotten sticks shall be rejected, and the deficiency in the cord made good before sale thereof. 477. If any measurer shall violate his duty, he shall forfeit a sum not exceeding four dollars for every offence. l''^ .'i' ' •'%.]'' I Description. 478. viz.: — 1st. 2nd. JLumber. In the survey of boards there shall be four qualities, Dimension and description. Plank for ex- portstion. Ton timber. Clear boards, at least one inch in thickness. Merchantable boards of first quality, sawed of equal thickness throughout, and, when not hard-wood, squared at the edges with a saw ; to be free from rots, wanes, worm-holes and auger-holes ; at least seven-eighths of an inch in thickness, and containing not less than ten superficial feet. 3rd. Merchantable boards of second quality, of the same dimensions, and free from rot, shakes, and worm-holes ; and 4th. Refuse, to include all other descriptions of boards. 479. All dimension deals shall be twelve, fourteen, sixteen, eighteen, twenty, and twenty-one feet long; nine, eleven, and twelve inches Avide, and three inches thick, respectively, having an allowance of from one to two inches in the length, from a quarter to half an inch in the breadth, and from one eighth to a quarter of an inch in the thickness : they shall be smooth and fair, of equal width and thickness throughout, butted at both ends with a saw, free from rots, sap, stains, large knots, rents, shakes, Avorm and auger-holes, and shall have the stub-shot sawn off. 480. All plank intended for exportation, except hard- wood plank, shall be from ten to twenty feet in length, nine inches in breadth, and three inches and one-eighth in thickness, and of the same quality as dimension deals. 481. All ton timber for exportation shall be straight lined and squared, and with not more than one inch of wane on the edges, without offsets or joints, square-butted at both ends, and free from all marks of scoring, rots, splits, or worm-holes, which may be detrimental to the same. [rART I. I TITLE Xlll.] INSPECTION OF PROVISIONS, &C. 183 laving the ig section, Ite length, all pile all ind if, on )d or any the same shall be )ocl before , he shall ffence. r qualities, 3. jd of equal tared at the yorm-holcs 1 thickness, f the same holes ; and boards. m, sixteen, ae, eleven, spectively, the length, 1 from one they shall hroughout, sap, stains, and shall hard-wood nine inctics ;kness, and :aight lined ane on the both ends, orm-holes, 482. IMcrchantablc spruco or pine timber shall be sixteen Merchantable feet, and hardwood timber ten feet in length at least, and at least ten inches square ; and where it does not jxceed sixteen feet in length, the ends shall be of equal size, and all ton timber shall be measured by ihe girth, one quarter part thereof to be taken as the side of the square. 483. In the survey of shingles there shall be three Shingles, qualities viz. : No. 1. Pine or cedar shingles, not less than eighteen inches long, four inches wide, and three-eighths of an inch thick at the butt, and clear of sap, slash, shakes, twists and worm-holes. No. 2. Pine, cedar, spruce, or hemlock shingles, not less than sixteen inches long, three and a half inches wide, and from a quarter to a quarter and a sixteenth of an inch thick, to be free from sap, slash, shakes, and worm-holes ; and. No. 3. Refuse, to include all other descriptions of shingles. No. 1 and 2 shingles shall be put up in bundles, not less than twenty-five tiers or courses, twenty inches wide, four bundles to be considered as a thousand. 484. All shipping shingles for exportation shall be half an Shipping inch thick at the butt, and extend the same thickness three- fourths of the length, and be shaved from thence to the point, and from four to four and a half inches wide. 485. Clapboards shall be fouF feet four inches long, five ciap-boards. inches wide, and half an inch thick at the back. 486. Lathwood shall be of fresh groAvth, straight rift, free Laths, from bark, heart, and knots, and measured by the cord. 487. Hogshead staves shall be forty-two inches long, from staves, three and a half to five and a half inches wide, and three quarters of an inch thick pn the thinnest edge, and not more than one inch on the back. 488. Barrel staves shall be thirty-two inches long, and Barrel staves, half an inch thick on the thinnest edge, and not exceeding three quarters of an inch on the back : to be of good rift, fairly split, free from twists, knot holes, rotten knots, worm- holes, and shakes, and shall be calculated by the tale of twelve hundred to the thousand. 489. Upon any contract or l)ar2[ain for a quantity of interpretation ■ L J _ o i J q£ contract for timber or lumber for exportation, the same shall be under- timber. stood to mean that which is hereinbefore described; and the purchaser shall not be obliged to receive any other, unless under a special written agreement, specifying what he actually is to receive. 184 CITY OF HALIFAX. [part I. I>utie9of sur- voyors. Vaea. t i»' Ro-survey^ in case of dispute. t: \n :i- 490. The surveyor of lumber shall, Avhen required, diligently examine and survey every description of lumber described in any of the preceding sections, whether for sale or exportation, in their respective districts, and shall mark the same as directed by this section at the time of the survey ; but if it shall have been previously surveyed in the province, he shall only ro-survey and mark anew the same when he shall have any doubt of the measure ; and on every survey he shall furnish the seller and the purchaser each with a certlfieatc thereof, specifying the quality and dimensions, and on every stick of ton timber shall mark in figures the contents in cubic feet, the initials of his name, and the private mark of the purchaser ; and on all deals and plank shall mark in lead on the ends, the length, breadth, thickness, and superficial contents, and his own private mark ; and on all boards the superficial contents and his private mark. 491. The surveyors of lumber shall receive the following fees, viz.: — For measuring and surveying all ton timber, five cents per ton, together with seven cents for every mile they shall necessarily travel in coming to the place of the survey. For every thousand superficial feet of deals, plank, scant- lings, and boards respectively, fifteen cents for surveying, and five cents for marking ; and for viewing only, where the same shall have been previously surveyed and the surveyor shall doubt the measure, five cents. For every covd of lathwood, ten cents. For every thousand shingles, five cents ; and for culling and re-packing, ten cents. For every thousand hogshead staves, thirty cents. For every thousand barrel staves, fifteen cents. (1.) For surveying or viewing any quantity less than the quantities specified in this section, the fees payable to any such surveyor shall be the like fees as are payable respectively on one ton of timber, one thousand superficial feet of deals, plank, scantling or boards, one cord of lathwood, one thousand shingles, hogshead staves or barrel staves, as the case may be. C. 36, 1876. 492. The surveyor's certificate shall be binding between the seller and purchaser ; but, in case they disagree, either party may call in three other surveyors who are in no way interested in the matter in dispute, to re-survey the same, and their decision shall be final. If the first survey be confirmed, the expense of the second shall fall upon the party by whom it was had ; but, if the first survey is not established, then the surveyor shall bear the expense of the second survey. ^imm riTLF XII r.] TRACk STEAMERS IN HARBOR. 185 493. The surveyor's fees shall, in all cases, be paid by the foos by whom ■cller, who shall remove all obstacles in the way of the'^"^* lu'veyor which may prevent him from viewing and measuring vvith facility any timber or lumber which ho may be reipiired to survey, and shall, if necessary, have the same (wanted ; but ^hc purchaser, upon any special agreement therefor, or if ho shall require a fresh survey, shall pay the surveyor's fees. 494. All timber, lumber, and shingles, shall be surveyed ^''°*'''^' and marked, as prescribed by this Chapter, before delivery on sale or shipment for exportation ; and if any person shall violate this provision, he shall forfeit the article or the valuo thereof; but entire cargoes of lumber, sea borne, may bo disposed of without the intervention of a surveyor betweei; the first buyer and seller. 495. Upon the survey of shingles, clapboards, and staves, Deflciont nrtic- .. .1 P.. , . 1^8 tu be rejected respectively, those Avhich arc deficient in quality or dimen jions shall be rejected. 496. All shingles and clapboards exposed to sale by ifn"V'''^'"no' quantities in bundles, and not holding the number they are marked for, shall, unless it appear that part thereof have been accidentally shaken out after packing, be forfeited. 497. Any person who shall, without the permission of the ^^^^^jf^ marks, owner of any timber or lumber, alter, deface or destroy the marks of a surveyor of lumber thereon, shall forfeit a sum not exceeding four dollars for each offence. 498. Any surveyor of lumber violating any oi these ^[j^^'^^jf'^'* provisions shall forfeit a sum not exceeding twenty dollars for each offence. 499. All prosecutions under these provisions shall be ^5"''*'^*'°'* °f ftCLlUUK commenced within twelve months from the time of the commission of the offence. penalty.^ # As to inspection of flour and meal, wheat and other grain, beef and pork, pot ashes, and pearl ashes, pickled fish and fish oil, butter, leather, and raw hides ; see Chaj)ter 45, Statutes of Canada^ 1874. V. — Track of Steamers in Harbor. 524. In order that the track of the steam ferryboats Trick to be kept clour tor icrry between the city and Dartmouth may be kept clear, vessels Bteamera. are not to be anchored or moored, or to lie within the portion of the harbor of Halifax, following : — The space contained within a line drawn from the North- east corner of the Market Wharf to the North-eastern corner of the steamboat dock, as a western boundary ; a line from 186 CITY OF HALIFAX. [part I. Spacotobekppt •U'lir for mail itcamui's. Penalty with roforeiice to ferry steamers. Penalty as to mail steamers. Entering or leaving dock. Lights at night, the north-eastern corner of the stoamhoat dock, cxtendinfj In a direction towards the West end of Bognrs' Street, in Dart- mouth, until it reaches a point six hundred feet from the South-east end of Bauer's Wiiarf, where a buoy shall be kept, as a northern boundary ; a line from the North-cast corner of the Market Wharf in the direction of the North side of tluit wharf protracted castwardly into the harbor six hundred foct from the end of the wharf, at which point another buoy shall be kept, and a direct line to reach from one of these buoys to the other, as an eastern boundary. 525. In order tiiat the passage for the royal mail steamers may not be impeded, no vessel shall be anchored, moored, or lie in the part of Halifax harbor to the southward of Collins' Wharf, within a space to commence fifty fathoms from the eastern extremity of the line of wharves on the western side of the harbor, thence to extend one hundred and fifty fathoms eastwardly towards the centre thereof, — nor in that part of the harbor North of Collins' Wharf, any nearer than one hun- dred and fifty fathoms to the West side of the harbor, to be measured from the eastern extremity of the wharf which is nearest to such vessel. 520. If the master or other person in command of any vessel shall wilfully violate the foregoing provisions, as to the limits appointed to be kept clear for the benefit of the ferry steamers, he shall pay a penalty not exceeding eight dollars ; or if having under any circumstances anchored or moored, or being within these limits, he shall not remove the veysel therefrom within two hours after written notice to that effect, he shall pay a like penalty, unless the state of the weather should make it dangerous to the vessel. 527. If the master or other person in command of any vessel, shall either place in at anchor, or suffer it to remain within the limite appointed herein to be kept clear fi[)r the track of the royal mail steamers, he shall pay a penalty of eight dollars, and after notice to remove given by the agent or some ofiEiccr of the steamers, a further penalty of two dollars an hour until the vessel is removed. 528. Vessels entering into, going out of, or lying in, or at any dock, wharf, quay or pier, or dropping anchor in pro- gress of coming or going, are not to be construed as violating the limits, if there be no reasonable delay. 529. If any vessel shall from any cause be within the prescribed limits at night, a sufficient light shall be exhibited at the masthead, or some conspicuous place, from the time darkness sets in, — if the vessel be within the space first described, until half-past ten in the evening, — and if the vessel be within the space to be kept clear on account of the [part I. TITLE XIII.] OLD LOANS. 187 enclinf; in in Dart- from the 1 he kept, corner of Ic of that idred foct her buoy ) of these [ steamers moored, or f Collins' from the stern side y fathoms it part of I one hun- or, to be which is nd of any , as to the the ferry it dollars ; loorcd, or the vcusel lat effect, 3 weather id of any o remain ,r for the jenalty of the agent of two g in, or at r in pro- i violating dthin the exhibited the time ■pace first id if the nt of the royal mail steamers, to be exhibited until the return of day- light, under a penalty of eight dollars, to be paid by the master or person in command of the vessel. 53!). No steamer entering or leaving Halifax harbor (ves- st'j'""«^s *o go sels of war excepted) shall, while inside of George's Island, proceed at more than half her usual speed, under a penalty of forty dollars, to be paid by the owner, master, or agent. 531. Penalties under the seven preceding sections mayn jovoryof be recovered in the City Court, and shall be sued for in the'*'"'' name of the city, and if paid shall be for the use of the city. ' 1 See also Chapter 42 Statutes of Canada 1872, entitled, <' An Act to provide for the appointment of a Harbor Master for the Port of Halifax. VI. — Old Loans. Common. (2.) The mayor and common council of the City of city council TT !•/• I 11 -I 1 o may borrow Halitax shall have power to borrow a sum or sums or money, .ccoo to imi.rovo not to exceed in the whole five hundred pounds, at a rate of interest not over six per cent, per cmnum, to be expended by the city council, or under their directions, for the improve- ment of the common. (3.) The lenders shall receive, each, a certificate under Lendors to ro- the city seal, signed by the mayor and countersigned by the cates.'^'^^'^ " city clerk, specifying the terms of loan and rate of interest. (4.) Until such sum of five hundred pounds is fully P^^iJ provhiuS'ibr off, with interest, the rents and proceeds of the common lots and common shall form a separate fund in the hands of the city treasurer, from which annually shall be paid off the interest due on the loan, and fifty pounds towards the principal ; and no part of any year's income of the common shall be applicable to any other purpose, until the interest then due and such fifty pounds shall hUve been first paid therefrom. C. 21, 1852. General Hospital. (1.) The City of Halifax is authorized to erect a general Erpction of ho^ hospital for the sick on a portion of the common of Halifax, or any lands now belonging to the city, or which the city may procure by gift for that j)urpose. li lli:';fii..(*'!'*b:^ 188 CITY OF HALIFAX. [part I. 11 '£% Loan •'vlicn to fc • eflecled, utc, Lotiflors to n^coive curtifl- oatU3. Ko-payment. Money, iiow (2.) Tlic City of Iliilifjix sliiill havo power to borrow, on ' ' the credit of the (rity, a »un\ or sums of money not to exceed in the wliolc five thousand pounds, at a rate of interest not to exceed six per cent, per annum, to bo expended by the city council, or under tiieir directions, in building tlie gene- ral hospital. (3.) The loan may be obtained at once, or in portions, from time to time, as the city council may decide. Tenders for the money shall be advertised for in two or more of tlio newspapers published in the city, for one month ; and the tender expressing the lowest rate of interest shall be pre- ferred. (4.) The lenders shall receive for every one hundred pounds so lent, a certificate, under the city seal, signed by the mayor, and countersigned by the city clerk, drawn in favor of such lenders, their endorsees or assigns, specifying the terms of loan, and rate of interest, such interest to be payable half yearly. The certificate shall be transferable by an endorsement of the holder's signature, in the same man- ner as promissory notes. (5.) The principal moneys of such loan shall be rc-pald to tlfe lender or lenders within twenty years from the date of the loan ; but the city may, at its o^>tion, pay off all or any of such certificates, in whole or in part, at the end of the first five years ; and after that period, at any time, on six months notice, may pay off the whole or any part thereof. (5.) The loan hereby authorized, and interest, shall be a charge on the funds, revenues, and propci'ty of the city generally, until the same is fully satisfied and discharged ; and the interest may be at any time included in the general assessments annually made in the city. Managpment of (7.) The city council shall have power, by its ordinances to provide for the management and government of such general hospital, and the expenses attending the same may be included in the annual general assessments of the city. C. 51, 1855. citv empowered (2.) Thc city is further empowered to borrow, on the to oorrow & •■ further sum ot Credit of the city, in addition to the sum of five thousand pounds already authorized to be borrowed, for building a city hospital, by Chapter 51 of the acts of 1855, a further sura of four thousand five hundred pounds, in the same manner, on the same terms, and for the same purpose, as mentioned in the act last named. O. 78, 1858. Loan to be a charge on city, I'tC. to borrow a further sum c .£4.500 lor City Hospital. TITLE Xni.] OLD LOANS. 189 Survey and plan of City, (\.) The city council of Halifax nro licrchy autliorlzed toMonnv»tobe , ,. .' . 1 i I II nil^id I, ir survey raise, in audition to Aviiatcvcr moneys may bo annually unUiiinuof city, assessed in tlie city, a sum or ttums of money, to be aaBcascd and collected in like manner in one or more years, as they may deem expedient, not to exceed five hundred pounds cur- rency in the whole ; nhich moneys are to be exclusively paid and applied by the city council in procuring a general survey and j)lan of the city, the roalicd in like manner as the said original sum is applied under last recited act. Provided, that no further sum than tiiat \vhi(;h I'roviso. has already been paid shall bo paid to the persons engaged ill, or for or on account of such survey, until the whole sur- vey shall be completed, and the plans accurately urawn and (inished, shall be delivered to the city council for the use of the city. C. 78, 1858. SldeivalJcs and Crossings. CI 7.) In order to lay down durable and substantial eido-C'^ypayhor- \\ ^ ■, • t ■% n \ 1 ''"W ,«'20,000 for walks ami street crossings, and to defray the expenses there- sidmvuiks and of, the City of Halifax shall have power to borrow, on the'""'""'*^' credit of the city, a sum or sums of money not to exceed twenty thousand dollars in the whole, at a ran. v/f interest not to exceed six per cent, per annum, to be expended by the city eouncil, or under the directions of the committee of streets, to lay down sidewalks and street crossings. (18.) Such loan may be obtained at once, or in portions Loan to ^ from time to time, as the city council may decide. Tenders for the money shall be advertised for, in two or more of the newspapers published in the city for one month ; and the tender expressing the lowest rate of interest shall be pre- ferred. C. 39, 1861. 190 CITY OF HALIFAX. [part I. VII.' — Apprentices in Industrial School. iTcambie, Wli'Tcas thc time at present allowed by law for apprentic- ing minors in the Province of Nova Scotia is insufficient to obtain the full benefit of the reformatory school system. Boys may bo (1.) Jt shall bc lawful for thc father, or in case of his bound to Indus- , ^ , '' , , . r. i i i /• i i i trial School for death, the mother, in case or the death or both parents, the isvearaofage. ncxt of kin or such Other person as by law may be authorized so to do, to bind any boy being a Protestant minor, to the committee for the time being of the Halifax Industrial School for any term that may be agreed on, up to but not exceeding his full age of eif^hteen years ; any law, usage or statute to the contrary notwithstanding. C 96, 1874. VIII. — Park at Point Pleasant. ';i! ! ' i r; i- Proambie. Whereas, the southern part of the Peninsula of Halifax, bounded on thc North by lines commencing from the harbor near the stream or water-course about three hundred yards North of Steele's Pond, and thence terminating near the old Chain Battery at the North- West Arm, including the lands South of the same to the sea, and known as the War Depart- ment property, is capable of being laid off and converted into a park, recommended equally by the salubrity and beauty of its position, by its pro.amity to the city, and by the oppor- tunities it would afford to all classes o^ the community for healthful recreation and exercise ; And whereas, there is reason to hope that Her Majesty the Queen, in whom tho title is rested, would graciously permit the ground to be occupied and used as a park, subject to the conditions hereinafter contained, and that the necessary funds for its embellishment could be raised by public subscription. 0. SQ, 1866. incorportition (1.) Sir William Young, John W. Ritchie, William J. Point plo^ant Stairs, John Doull, and their successors, with the mayor of (Sub'stuuted for t^6 city, and one alderman from each ward of the city to be s. 1 c. 88, 1866.) elected annually by the City Council, are hereby constituted a body corporate by the name of the " Directors of Point Pleasant Park " with power, in case of the death, incapacity, removal from the Province, or resignation of any of the four directors first named, to fill up such vacancy from time to time by a new appointment, to be entered on their minutes. a 12, 1873. TITLE XIII.] PARK AT POINT PLEASANT. 191 (2.) The directors shall apply for a license to enter upon Diroctow to and occupy the said land as a park, with such reservations for *'" ""^"^" military purposes and defence as the exigencies of the imperial eervice may require. fS.) The directors, so soon as they shall obtain license ^•'"^-^ow from Her Majesty's Principal Seoretary of State for the War Department, to enter upon and occupy the said land, shall receive such subscriptions and contributions as may be offered for laying out and embellishing the park ; shall appoint a secretary and treasurer, whose office shall be gratuitous, and shall employ suitable persons to superintend and perform the work thereon, agreeably to plans which may from time to time be submitted ; but all such plans, or modifications thereof shall be subject to the approval of the officer in command of the troops, and the officer commanding the Royal Engineers, at Halifax. (4.) The directors shall make regulations relative to theKuies. maintenance of good order and decorum in the park, the pre- servation thereof, and the duties of the gate-keeper and other officers, with such penalties as shall be approved by the governor in council ; but no fees or tolls shall be exacted for the use of the park. C 86, 18Gd. (2.) The City Council may assess upon the real and Monoy for ex- personal property of the rate-payers of the City of Halifax, to ^aI?k*'to'be"M- be added to the general assessment, the sum of four thousand p^o^pprty of ^^^ dollars during the year one thousand eight hundred and seventy- r2'« '??/•;"■*: , , PI fi«i 11 .i \Sub»titutod for three, tor the purpose or cleanng the grounds and puttmgthes.s.c.se, 1866.) park in order, and may assess annually thereafter upon such property of rate-payers the sum of two thousand dollars, to keep up and maintain the park, and to pay the wages of gate- keepers and other expenses connected with the maintenance of the park ; such sum to be assessed, rated and levied, and the moneys herein allowed to be assessed, to be collected by the city treasurer at the same time, in the same way, and with the same remedies as the general assessment of the City of Halifax. C. 12, 1873. (6.) Nothing in this Act shall be construed to prevent Military may Her Majesty's IMncipal Secretary of State for the War J,''o';^;^^£^«*^« Department, at any time hereafter, from taking exclusive possession of any portion of the said land which may be required for the formation of forts or batteries, or for other military purposes connected with the imperial service. (7. 86, 1866. (3.) So much of Chapter 86, of the Acts of 1866, inconiiitont entitled *♦ An Act to incorporate the Directors of a Park at *"* '"p*'**** Point Pleasant, Halifax, Nova Scotia," as is inconsistent with this Act is repealed. Provided always, that no assessment rroTUo. w 192 CITY OF HALIFAX. [part I. shall l)c made or money expended under the provisions of tlila Act, until a license to occupy and use the ground necessary for said park, shall have been obtained from Her Majes v the Queen, as contemi)lated by such Chapter 86 of the Acts of 1866. C. 12, 1873. IX. — Halifax City Railroad. Bcal estate. Liability of Bhureliolders I i 1 1 . i II! If •■ Incorporation. (1.) Henry R. Picrson, William D. O'Brien and Thomas C. Kinnear, and such other persons as arc or hereafter niav become shareholders in the company heieby established, shiill be a body corporate by the name of the " Halifax City Kail- road Company," for the ])urpose of constructing, maintaining and operating lines of railroad for public use in the conveyance of persons and property in and through the City of Halifax for a period of twenty-five years from the passing of this Act, subject to the provisions hereinafter contained. Capital-shares. ^2.) The Capital stock of the company shall be two hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each. (3.) The company may hold real estate not exceeding tlie value of forty thousand dollars. (4.) No member of the corporation shall be liable for the debts of the company in his person or separate estate for a greater amount in the whole than double the amount of stock held by him, deducting therefrom the amount actually paid to the company on account of such stock, unless he shall have rendered himself liable for a greater amount by becoming surety for the debts of the company ; but nothing contained herein shall be construed to involve any director, officer or agent of the company by reason of any official act legally performed. (5.) The company shall have exclusive authority, with the consent of the city council and subject to the regulations hereinafter contained, to construct and maintain a line of railroad with a single or double track, extending from tlic terminus of the railroad at Richmond through Upper Water Street, IloUis Street and Pleasant Street to the southern limits of the city, with a branch line through Lower Water Street, and through such other streets as the city council may hereafter approve of on application to them for that imrpose by the company, and to run thereon horse cars for public use and accommodation in the conveyance of persons and property. Proviso. Privilepes of company, etc. TITLE XIII.] HALIFAX CITY RAILROAD. 193 with rulations line of rom the "Water outhern Water council for tliat cars for (G.) The rails to be used shall be of the most improved ^?^'^-^°^ pattern used in the construction of city railroads, laid even with the surface of the pavement or street in such manner as shall not interfere with the passage of vehicles over the streets. (7.) The pavement or other surface of the roadway to be Road to bo kept kept always in thorough repair by. the company within the company. ^ track and three feet on each side thereof under the direction of such competent authority as the cit} ^^ouncil may desig- nate. (8.) The cars to be of the most approved kind in style ?*y'<'<'f<=»"— \ -^ ^ , ^ '- •^ how drawn, etc. and finish, and of such sizes as shall be best adapted to the routes, and to be propelled by horse power only ; the horses to bo provided with bells and the cars with signal lights. Such number of cars shall be run as public convenience may require, and shall be subject to such prudential regulations as the city council may from time to time adopt. The double track where laid shall not occupy more than fourteen feet six inches from outside to outside. (9.) The taking up so much of the streets as shall beOp^'ngo*' necessary to lay the rails, shall be subject to the supervision and direction of the city council. (10.) The rates of fare for passengers and goods shall be Kates of tare, subject to the approval of the city council ; but the rate for passengers shall not exceed eight cents, half rates for children over two and under ten years of age. (12.) During the construction of the road, and at any f ''°''f -?,*°'°^«'^ vyo ' 111''' Governor in time thereafter, the books of account of the company and all council, papers of the company touching the cost cf construction and working, or touching the earnings or profits of the road shall be open to the inspection of the governor in council, or any person authorized by them. (13.) The company shall not interfere with the water Gas ami water pipes or the pipes of the gas company ; and if it shall become interfered with, necessary at any time to remove the rails in order to repair or relay the pipes, the expense of removing and replacing the i"«p9"^« "f'^ rails shall be borne by the parties desiring their removal ; and how paid, reasonable notice shall be given to the company of their desire to have them removed. (14.) All bye-laws rules and regulations for manaf^inff ''y'lfi^stobe the said road shall be subject to the approval of the governor in council, before the same shall come into operation. (15.) This Act shall have no force or effect unless the rail- Road to be bunt road be built within three years. C. 83, 1863. ^ ° ^^"'' (2.) The governor in council may at any time hereafter Province may 'i °. t ^ • i> ^^ "rt • p ^\ nssumo owner- assume the possession and ownership, for the irovmce, ot the ship of raiiw«y. city railroad, with its appurtenances ; and so soon as an order 13 ifiii 194 CITY OF HALIFAX. [part I. il> L J I'ricc to be paid by province. Wiicn arhitra- fors fail to ap- point third person. In casp either party I'uil to appoint. I'onalties. Notice to be served. PenaltieB, etc., increased to Canada cur- rency. in council for that purpose shall be passed, the said railroad and its appurtenances shall become the property of the Province. • (3.) Upon the making of such order, the government of tlie province shall pay to the owners of such railroad the value thereof, tc be ascertained by two arbitrators, one to be chosen by the government and the other by the owners of the rail- road ; and in case of disagreement of the said arbitrators, the value shall be ascertained by the said arbitrators or one of them, with a third person, to be named as hereinafter provided. (4.) In case the said arbitrators fail to appoint such third person, he may be appointed by the Gustos of the County of Halifax. (5.) If either the said government or owners shall fail, for the space of one month after the request from the other party, to appoint an arbitrator, the said custos shall make such appointment. O. 98, 18G6. (1.) Upon the Halifax City Railroad Company, or any person or persons whosoever, violating the provisions of Chapter 83 of the acts of 1803, such company or such person or persons, upon conviction, shall forfeit and pay a sum ol not less than ten dollars, nor more than twenty dollars, to be recovered in the name of the City of Halifax, at the police office, before the presiding magistrate, and to be paid on recovery thereof into the city treasurer's office ; provided that nothing herein contained shall preclude the right of appeal. (2.) Before any penalty shall be imposed, or suit com- menced under the provisions of this Act, a written notice shall be personally served upon the manager of the Street Railway Company, if practicable, or left at the office of the company, in which notice shall be specifically alleged, the nature of the supposed obstructions complained of, and the places where they exist ; and if such railway company shall not within twenty-four hours cause the same to be remedied or removed, then in such case it shall be lawful to proceed for the recovery of the penalties in this Act provided. (7. 99, 1870. X. — Change of Currency. (1.) Whenever in any act, ordinance or by-law, relating to the City of Halifax, any sum is mentioned as a penalty, ^ limitation of the jurisdiction of a court or magistrate, a fee or a qualification for office, such sum being of the former currency of Nova Scotia, the same shall be and is hereby ■■■^Wipp TITLE XIII.] OMITTED ENACTMENTS. 195 . railroad of the jnt of the :hc value be chosen the rail- itors, the 31' one of icrcluaftcr such third County of , ehail fail, I the other hall make ly, or any (visions of uch person J a sum ot lars, to be the police )e paid on ovided that f appeal. suit com- tten notice the Street ffice of the legcd, the )f, and the pany shall e remedied proceed for 1. (7. 99, a aw, relating penalty, ^ trate, a fee the former id is hereby increased so as to amount to the same sum in the present currency of Canada. (2.) So much of the existing law or of any ordinance or inconsiatont by-law, as is inconsistent with this Act, is repealed. C. 41, *^'"^*'"'^ 1876. XI, — Halifax Signal Station. (1.) All steamers and other vessels entering the port ^^^^H^l^lfL^. Halifax from ports out of this Province, shall pay on each vinw to pay r, entry to the collector of colonial duties the sum of five shillings. (2.) Such sum shall be paid over quarterly by such •^p^p'J^**'''^"^^^^ collector to the Receiver General, after deducting five per cent commission thereon, and eliall be applied towards defray- ing the expense of keeping up the signal station at Halifax. (3.) This Act shall not apjjly to any vessels belonging toy*?'"^''' this Province, except those registered and owned in the port of Halifax. G. (54, 1859. (1.) Tiie provisions of Chapter Sixty-four of the Acts of^j^gseu^JiP'^iVn 1859, entitled " An Act relating to the Signal Station at «'it8tern division, Halifax," shall not apply to any vessels owned in the eastern ccpted. division of the County of Halifiix, with the exception of those owned in the Town of Dartmouth. O. 42, 1861. XII. — Omitted Enactments. "Certain Powers of Sessions and Grand Jury. (1.) Nothing contained in section 158 (5^3) of the Actr«^^*:'«t:f'in'' • 1 iR' /» TT !•(• 1 1 jury in City in concernmg the City of llantax shall extend to prevent the certain matters sessions and grand jury of tlie County of Halifax from ex- ercising, within the City of Halifax, any power or jurisdiction necessary to be exercised for county purposes, to the same extent as if the city had not been incorporated. (2.) The general, or any special sessions, may appoint ti'tizons may be ^' C5 ' •/ L ' %/ x L ttppi>int6u coil* persons being citizens of Halifax, to fill the office of constable, stables, ttc. or any other county office, if they shall consider it necessary to make such appointment. C, 55, 1855. Valuation of Ileal Estate. (12.) The assessors shall value real estate at ten fold of Real ostate, how the amount of rent it produces ; or, if vacant or occupied by the owner, at the amount the assessors deem it to be annually worth. G. 43, 1860. .4' 196 CITY OF HALIFAX. [part 1. Sfarcli for mortgages. Mort(juges. 355. The city assessor slmll exiimine, at tfce Registry of Deeds office, tlie records, in order to ascertain the mortgages covering property witiiln the City of Halifax ; and the fees payable for such examination shall be borne by the city and paid out of the city funds. XIII. — Poll Tax for Streets. Funds for streots taken I'roni goiicral revenue. Torsons liable for poll tax. To become per tion of general rcyenue. Exemptions from poll tax. Volunteer Ar- tillery exempt from road tax. Kxemption limited. Register of poll tax payers to be prepared. (2.) After the passing of this Act, all sums required for street service, within the City of Halifax, shall be borne by, and taken from the general revenues of the city. (3.) In aid of such revenues every male inhabitant, resident in the City of Halifax, of twenty-one years of age (excepting those who are by the existing laws, or by this Act exempted from the payment of road taxes), shall be subject .to, and pay to the city, a poll tax of one dollar and fifty cents, to be collected and paid into the city treasurer, and become a portion of the general revenues of the city. (9.) The following inhabitants of the city shall be exempt from personal poll tax, viz. : military and naval persons, borne upon the strength of the array or navy, being in actual service, as men belonging to the civil departments of the army or navy, who are subject to the articles of war — the number of exemptions of civil officers and servants of the army and navy to be restricted as heretofore, to the number of forty, to be named by the heads of these departments to the city clerk annually, when by him required. All acting firemen, engine- men and axe firemen, and such as have retired upon the full service required by law, shall also be exempted from personal poll tax ; and also the militia volunteer companies, duly organized and certified by the Adjutant General as engaged in drill, are exempted in the terms and under the provisions of the thirty-third Chapter of the Acts of 1857. G. 39, 1861. (1.) The militia volunteer artillery company, in the City of Halifax, shall be exempt from labor on the highways, or any personal poll tax in respect thereof. ***** (2.) Such exemptions shall not extend to more than eighty men in such volunteer artillery company, nor to the horses, cattle or teams of any members thereof. O. 33, 1857. (2.) The city assessor shall prepare a complete register of all persons who are liable to pay the poll tax within the City of Halifax, which register he shall, on the first day of April in each year, deliver to the city treasurer. f ipvipi r TITLE XIII.] POLL TAX FOR STREETS. (3.) Hereafter there shall be left with each party liable Notice to bo leP for poll tax, by the city assessor at the time he shall call upon pnytra. such party to (hiter his name in the register, a notice, signed by the assessor, or in the following words : " You arc required to pay the sum of one dollar and fifty *'<""™' cents poll tax for the year 18 — , at the City Treasurer's office, within ten days from the date of this notice : and if the same be not paid by that time, ten per cent will be added, and a warrant of distraint will be issued for the amount. Dated the day of 18—." (4.) Any person liable to poll tax who shall not pay the J'J"^''^**''^^^^^'') sum of one dollar and fifty cents at the time limited by themeut. notice, shall have ten per cent added to the poll tax ; and the city treasurer shall issue general warrants of distress for the several wards of the city against, and containing the names of the respective defaulters in each ward, directed to one of the city constables of the ward, who shall collect the amount mentioned in the warrant, and, if necessary, rhall levy upon and sell the goods and chattels of the different parties named therein, and who shall return the same, with his doings thereon, to the city treasurer within thirty days ; and if no distress be found upon which to levy against any defaulter, the poll tax, and ten per cent added thereto, may be recovered in the City Court in the name of the Citv of Halifax. C. 60, 1863. (12.) The poll tax shall be collected and paid under the ro" tax-how u- i- ^ 11- i. 1 1 collected, paid, same penalties for non-payment, or delay in payment, and be etc. recovered in the same manner as now by law provided for the collection and payment of the general assessment. (29.) All male citizens, over twenty-one years of age, Cituene paying subjects of the Crown, who shall have paid their poll tax (and to vote, assessment, if any), on producing the receipt for payment of such poll tax (and assessment, if any), for the year next pre- ceding the election, shall be entitled to vote in the ward in vhich they respectively reside, at elections of mayor, aldermen or other city officers, as rate-payers are now by law entitled. C. 39, 18G1. .^M , 'V' " Im :|. t *J r. * M 1' ■ ia t -; M \ f fi \K :f ^■ 1 r (1 ■ u. ORDINANCES OF THE CITY OF HALIFAX. f'li"' 1 or o i cng shal 2 3 wlie seal vvhe direc 4. requ 5. menl to be fisher crowr Mari ^mm PART II. ORDINANCES OF THE CITY OF HALIFAX. I, City Seal and Arms. 1. The Common Seal of the City, made of silver, having •'^<"»i de.'cribod. engraved on it a view of the city, and the words liecte faciendo secura, Halifax condita, A. D., 1749, Civitatis regimlne do7iata, A.D., 18-11, shall continue to be the City Seal. 2. The city seal shall be kept by the city clerk. ci?rk.^^ ^'"^ 3. All deeds or documents where the city is a party, and peods. etc., now Gxoctitt'd whereto a seal is requisite, shall be authenticated by the city whom city u seal ; and the mayor and city clerk shall sign the same, ^"' ^' when authorized by any l.tw, or by any city ordinance, or by direction or resolution of the city council. 4. The mayor may affix the seal to any certificate at the S"?' *» cortiii- request or any person desirmg it. 5. Persons requiring the city seal to authenticate docu- ^ecs for soai. ments, shall pay to the city the following fees ; For any document to be used abroad, or out of the city, for the seal $1.50 If to be used only within the city 1.00 For the seal to any certificate 75 6. The Coat-of-Arms of the City of Halifax shall continue coat oi Arms, to be, a blue shield, centre a gold kingfisher, supported by a fisherman and a sailor, with a crest consisting of a mural crown, surmounted by a Mayflower, and the motto, *' JEJ, Mari Merces" 11 1 ; ' i ■ 1 1 • 4' ■ ■4 1 202 CITY OF HALIFAX. [part it. II. Meetings and Hules of Council. Quarterly mi at- Kiilosof Coun- oll. Notices of meet- iog>. In case of no quorum. 8^ . ill il Adjournments. HeetinK called to order. Mayor to keep order. ■1:1 "' 1 ff h' Mayor's casting vote. 1 . Tlio city council slmll hold its quarterly meetings on the fourth Mondays of March, June, September and December, in every year. 2. The following rules and regulations shall be in force for the conduct of business in the city council. 3. Written notices of meeting shall bo sent by the clerk of the city, to the mayor, nldermea and recorder, two days previous to any meeting (except in case of an adjouriictl meeting, when a shorter notice may be sufficient,) specifying the hour and place of meeting. When the meeting is called for any special purpose, the nature of the business proposed shall be briefly mentioned or referred to in the notices for the meeting. The notices are to be left at the dwellings or places of business of the persons notified. 4. At the time appointed for any meeting, if one hour shiill elapse without a quorum appearing (i. e. the mayor and ten aldermen ; or, the mayor not being there, eleven aldermen) the meeting shall stand ipso facto adjourned, until the day following, unless the next day should be Sunday, Christmas Day, or Good Friday, and in such case until the second day. In either case the council will meet at the same hour which had been named for the original meeting. 5. At any time that business requires it, the council may adjourn for part of a day, or for one, two, or more days. On every adjournment for one or more days, notices in writing of the hour and place of the adjourned meeting shall be sent to the mayor, aldermen and recorder, except to such as were present at the adjournment. 6. At every meeting as soon as a quorum are present, the mayor shall take the chair, and call the meeting to order. If the mayor be absent, the alderman on duty shall call them to order; when they shall appoint their chairman, and then proceed with the business before them. 7. The mayor or chairman shall preserve order and decorum. lie shall have the privilege of speaking to points of order, in preference to other members, and shall decide all questions of order, subject to an appeal to the council, if such appeal be regularly moved and seconded. 8. In case of an equality of votes, the mayor or chairman, before giving his casting vote, may express his reasons for deciding ; but he is not otherwise to take part in any debate, while in the chair, unless to preserve order. ORDINAr^CES.] MEETINGS AND RULES OF COUNCIL. 2Q3 9. As soon ns the chair is taken, a qnonim being present, Wnutea road, the niiniitca of the prcccdin*; niootinpj shall be read by the clork, in order that any mistake therein may be corrected by the council. 10. Every member who speaks in council siiall do so^«nnprof standing, and shall always address the chair, and shall sit down again as soon as he has done Hj)eaking. 11. If two or more mcnibers rise at the same time, itMomberiruinf shall be decided by the chair, which is to be heard ; and while any member has the tloor and does not violate order he is not to be interrupted. 12. A motion or resolution which has been moved, **"!'","''*>* 1 1 T 1 I'll II ' wUhdrawn. seconded, and read, cannot be witlidrawn except by leave oi the council. 13. Before any motion or resolution is debated, it must R*'""!"*'""* •«» be reduced to writing, moved and seconded, and then read aloud by the clerk. 14. When a question is regularly under debate, no other ]5y^''"|j,^^*^JJ2',^ question or motion shall be entertained until it is decided ; d«bate. unless it be — (1.) A motion in amendment of the original resolution. (2.) A motion to refer the question to a special committee. (3.) A motion to postpone the consideration of the question to some future period or day named. (4.) A motion to postpone the consideration indefinitely, • that is, to lay it on the table. (5.) A motion that the question be now put ; or (G.)r A motion to adjourn. 15. After the question has been taken upon any divi- Names how sion , it shall be competent for any two aldermen present to * ®°' call for the names on the division, and to have the same recorded. 16. No debate shall be allowed upon any motion of When node- the previous question, or upon any motion of adjournment made during a debate. 17. Every member shall confine himself to the question irrciovant mat- actually under discussion, .and shall abstain from all personal *®'' ****" reflections and irritating language. 18. Every member present when a question is taken au mcmbow to shall vote upon it, unles? excused by the council from doing 80, upon some good ground stated. 19. No member shall leave the room during the transac- Not to leare tion of business, withdut the permission of the mayor or chairman. # 4 r li hiaJ 204 CITY OF HALIFAX. [part it. Censure for leaving room. 1 ■'!*? ■' ■ 'Mi .:i,i .Member called to order Question read. Sjjeaklng res- tricted. Business of committees iiow transacted. Passing 9f ordi- nanceti. May be read twice same day. Order of day. Proceedings be- fore order of day. 20. Every member who leaves the room without per- mission from the mayor or chairman, unless he excuses him- self to the satisfaction of the mayor and council, shall be considered under censure ; and an entry of such censure shall be made on the journal of the council, and not expunged until the above satisfaction be made. 21. Any member called to order by the chair, shall sit down at once. He may, nevertheless, by leave pf the chair, rise afterwards to explain. 22. Any member may have the question read for his information at any period during the debate ; but he is not at liberty to interrupt, for this purpose, any member who is speaking. 23. Every member shall be restricted to speak not more than twice upon the same question. A member, however, who has spoken to the question, may speak again once upon every distinct amendment proposed to the original ques- tion. An alderman, also by express permission of the chair, may have leave to explain. 24. Any select committee may proceed with the busi- ness referred to them, provided a majority of their number are present ; and if the greater part of those who are in at- tendance concur in any conclusion, it shall be the duty of the chairman to report accordingly. 25. Every ordinance shall be read twice in council before it is finally engrossed ; and shall be read a third time before it passes, to be signed by the mayor and city clerk and sent to the governor in council for approval. 26. If the council desire it, for expedition sake in any case, an ordinance may receive its two first readings on the same day ; but at all events the third reading shall take place on some day subsequent to that on which it receives its first reading. 27. The city clerk, as a preparatory step before each meeting of the city council, shall, with the mayor's concur- rence, make out an arranged list of the several ordinances, reports, petitions, and other business matters, which it appears requisite to lay before the council for their consideration, in such order as may seem most judicious. This list shall be termed the order of the day. A copy of it shall be laid on the table for the inspection of members, and another copy placed in the hands of the mayor or chairman. 28. ^s soon as the minutes of the preceding meeting have been publicly read, and before proceeding to the order of the day, the mayor or chairman shall inquire if any chair- men of committees, or official heads of departments in the; administration of city business, Lave any reports to hand in ; ORDINANCES.] MEETINGS AND RULES OF COUNCIL. 205 and having received the same without then reading them, elmll make a similar demand on members to present any petitions entrusted to them, which shall in like manner be received without being then read. The reading of such reports and petitions shall be postponed until after th several matters named in the order of the day have beeen disposed of; unless the council should think proper, upon a motion duly made and seconded, to resolve that any particular report or petition should be previously read. 29. The member presenting any report or petition shalP^^l'"*"'" *" endorse his name upon it before giving it in, as a security Uous.&c. that he has looked it over, and believes it not to contain any disrespectful or improper language. 30. No bill or ordinance shall be submitted to the council ^otice of biiis, without notice first having been given at a previous meeting by the alderman intending to submit the same, which bill or ordinance shall also be endorsed by the alderman presenting it. • 31. Special or select committees shall be appointed in Sppdai com- council on motion of a member, duly seconded, and agreed to. appointed!^ 32. The report of every special or select committee shall be Reports of com- in writing, and signed by their chaii-man when passed unani- mously by those who attend ; but when there is a difference of opinion, the report shall be signed by all those who concur in it. The minority may also respectfully report their views in writing to the council, if they think fit. 33. The following; standino; committees jhall be annually »inn«'"« com- appointed as soon after the election of aldermen on the first day of October, as convenient, viz : (1.) Board of Commissioners of City AVorks. (2.) . Commissioners of Halifax Common. (3.) Public Accounts. (4.) Cemetery. (5.) City Prison. i (6.) Laws and Privileges. (7.) Police. (8.) Sanitary. (9.) Tenders. (10.) Hacks and Trucks. (11.) Kates and Taxes. (12.) Library. (13.) License. . ' (14.) Oil Lamps. Where a standing committee is composed of six or any larger number, one half the members of such committee shall be a quormn, unless the council otherwise order. I \ ' ' 'it' Hlnif.ii-11 K.- ^■k " I 206 CITY OF HALIFAX. [part ii.J Aldermen, Ac, not to be con- tractors, &c. Accounts over $40. Rules— how suspended. Calls of Council. Motions to reicind, recon- «id?r &c. Minutes and journal. Certain duties otolirk. 1 Marsha) to •"«"** "'«**^«« council. 34. No member or officer of the corporation, shall, while in office, become a contractor with the city, or security for a contractor in building, work, supplies, or business of any description. 35. No bill, demand, or account against the city, except where the amount does not exceed forty dollars, shall be approved, paid, or audited, unless it be for supplies, orservice.s ordered by the city council, or under their authority, or that of some express law, ordinance, or resolution of council. 30. Any regulations in this series may be suspended in their operation, by unanimous consent of the members of the council present. 37. While any question is under discussion, if four or more members of the council shall be absent, any member present may require a call of the council *o be made. In such case the question shall not be taken or further debated until the absent members have been sent for. At the end of one hour, however, the delay shall cease, and the council may then proceed with the question which had been so suspended. If the council think fit, any other business may go on in the inter .al. 38. While the minutes of a preceding meeting are bcinj; read by the clerk, any member may move to amend any entry, to rescind, or to re-consider any resolution therein contained, but a motion for rescinding or re-considering shall not be permitted unless a formal notice of re-consideration or rescinding has been given on the day of the resolution being passed before adjournment. No such notice, however, shall have the effect of delaying or impeding the action necessary to give effect to any resolution unless the council shall order otherwise. 31). The clerk of the city or his assistant shall take min- utes of the votes and proceedings of the council, entering thereon all resolutions and motions passed and shall notice therein reports, petitions, and other papers submitted to the council only by their titles, or a brief description of their purport ; but all accepted reports shall be entered at length ; and the minutes shall be fairly copied into the books of the council, and indexed. 40. The clerk or his assistant shall attend all meetings of the council, and shall make minutes of all proceedings, and enteV the names of movers and seconders. The clerk shall have the custody of all records, documents, and papers of the city. 41. The city marshal shall attend all meetings of the 1 ORDINANCES.] CERTAIN PETTY OFIENCES. 207 III. V Laws and Ordinances. A separate record book shall be kept by the city clerk, in Acts, ordinan- ^ COS otCx GZitrcr^d which shall be entered a correct copy, either printed orinbooic. manuscript, of the Acts of the Provincial Legislature by which the city is now incorporated and governed, and of all Acts hereafter to be passed in amendment, addition, or alter- ation thereof, and of all bye-laws and ordinances now in force, and those hereafter to be passed, as soon as tlie same are confirmed and ratified by the Governor in Council's express or tacit allowance thereof. IV. Certain Legal Proceedings. 1. All fines and penalties incurred under the statutes of **<'"»it'p«. I'O" 1 • • • 1 /-!• r TT Tr. t enforced. this provmce concernmg the City or Halirax, or any act under the same title, or in amendment, or addition thereto, now in force, or hereafter to be passed, or under any bye-law or ordi- nance of the city, may be enforced in the City Court at the suit of the city, or in the police court, at the prosecution of any person whomsoever ; and all such fines and penalties shall when recovered form part of the general funds of the city. 2. When any rent shall be due to the city and in arrears, city renti.how recovered the mayor or any one of the aldermen, shall have full power to issue a warrant of distress for the same under his hand and «cal directed to the city marshal or his deputy. Certain Petty Offences. Minors Smoking in the /Streets, 1. No minor shall smoke nor be permitted to smoke No minor to tobacco, cigars or pipes, in the streets within the City of ""° ^ " '"" *' Halifax. 2. Any person under the age of twenty-one years, who May bo arrested shall be found smoking tobacco, cigars or pipes in the streets"**'' within the City of Halifax, shall be forthwith arrested by any constable, watchman or policeman and conveyed to the police $ station there to be kept until identified or discharged by the stipendiary magistrate, the mayor or any alderman. iiili 208 CITY OF HALIFAX. [part II. Punisbmcnt. -. Every minor wlio shall upon the complaint of a party be convicted of smoking tobacco, cigars dt pipes, in the streets within the city, shall be liable to a fine not exceedinfr two dollars for each offence, to be recovered at the police office, and on non-payment of the fine shall be imprisoned for a term not exceeding five days in the county jail. Illeyal Bathing. ^enaityfor 4. Jfo pcrson shall swim or bathe in the waters of the Illegal bathing. , , * \ c v i i * . harbor near to any open wharf, slip or dock, or to any street or road in the city, or otherwise in such a situation as to be exposed to the view of spectators, under a penalty of not less than one dollar nor more than twenty dollars for each ofFoncc or, on non-payment, of confinement in the county gaol for a period not exceeding ten days. Carrying Dangerous Weapons. can'yiDg^dan- ^' ^^ pcrson witliin the City of Halifax shall carry or gcrous weapons have about his person, any sheath knife, revolver or dangerous weapon of any description, under a penalty not to exceed eighty dollars, and on non-payment thereof of imprisonment in the city prison for a icrm not to exceed three months, or of imprisonment only (as the court shall think advisable,) for a term not to exceed three months. 6. Any person offending against the fifth section shall be prosecuted at the police office before the Stipendiary Magistrate of the said city. Placards. Where prose cuted. Vlacards, etc. ibrbiddeii. Penalty. • '":i ■■; Offender* may be arrested. l!i 1 • 7. No written or printed advertisement, placard, bill or handbill, shall be affixed to, or sei up or suspended on or aijainst any house, building, wall, fence, tree or other object, either on public or private property, unless by the consent of the owner or yearly tenant occupying private property, or that of the public officers having charge of public property. 8. Any person violating the next preceding section or causing it to be violated, shall be subject to a fine of not less than one dollar nor more than four dollars for each offence, and in default of payment to ten days imprisonment in the common gaol. 9. The city policemen may arrest any person found by them in the act of putting up such placards or advertiseiients, contrary to this regulation, and detain him until he can be tried in the police court. ORDINANCES.] POLICE. * 209 Damaging Gas Lamps and Water Plugs. 10. Any person who shall wilfully or wantonly break orPonaitrfor damage a public gas lantern, or any lantern fixed in the lalllps^hi streets, streets, shall pay a penalty of eight dollars besides the damage done, and costs, and in default of payment shall be imprisoned in the gaol or city prison for a term of thirty days, or until payment. 11. Any person who shall wilfully or wantonly damage, Penalty for derange, or injure a pul)lic water plug or hydrant, or any of hydrantsf etc. the apparatus thereof, shall besides repairing or paying for the damage done, pay a penalty not exceeding forty dollars nor less than eight dollars, and in default of payment shall be imprisoned in the county gaol or city prison for a term of ninety days, or until payment. VI. Police. 1. The city shall be divided into districts, the number, cuy divideci extent and bounds of which may be from time to time arranged by resolution of the city council ; and the constables shall be attached individually, each to some one of these districts. 2. The city marshal shall attend the city council, and (he Duties of city or one of his deputies) the City Court, whenever they shall meet, and at all times be at the command of the mayor, or officer presiding at the police court ; he shall daily (and oftcner if necessary) report to the mayor or officiating alder- man, all causes of complaint brought to his notice, cither by the constables or other persons ; shall have the superintendence of the city constables, to see that they are in regular attendance at the proper time, and strictly discharge their several duties ; and should he have any cause of dissatisfaction or complaint against any of the constables, he shall immediately make the . same known to the mayor or presiding alderman. 3. Two constables in rotation shall be on night duty, to Nicht duty at be in attendance at the police office at seven o'clock in ti^e p<^ '^e o ice. evening, and to remain on duty until half-past eight o'clock the following morning, when they are to be relieved by two other constables. The constables on night duty are to have the fires made, and see that the various offices are put in order by half-past eight o'clock, a. m. 4. All the constables, includinij those relieved at half-past ^^^''"''*"<'^"*" • 1,11,,,,. 1 '^ , ,. rt^ ^ 1 police at office eight o clock, sliall be m attendance at the police office by m day time. eleven o'clock a. m., (at the latest,) and shall not leave the office, except on duty, without permission, and shall remain until four o'clock, p. M., with an exception o*f an hour for dinner; 210 CITY OF HALIFAX. [part II. two to remain in charge from four o'clock in the afternoon until seven o'clock in the evening, when they are to be relieved by the officers for night duty. A roll for duty shall be prepared by the city marshal. Duties of police. 5. The constables are to yisit their districts previous to their arrival at the police office at eleven o'clock, when they are to make a report of the state of their districts, the two constables on duty at the police office at half-past eight o'clock to make their report as soon as possible after eleven o'clock. They shall take their directions from the city marshal, who shall cause said constables from time to time during the day, and at such times as he may deem necessary, when not other- wise employed, to go through their districts, or perform any other duty that may be required of them. They shall notice especially all nuisances in yards or streets, the slaughtering of cattle at improper places, and encumbrances in the streets, with the names of the several persons who may be liable therefor, breaches of the license law and Lord's Day Act, violations of the regulations made for truckmen, particularly as to occupying other stands than those allotted, all carts, trucks and sleds not marked as required, disorderly driving, and trucking without license. They shall also impound all cows and horses going at large, and seize all pigs and goats running at large, and have the same condemned and sold. In going their daily rounds, they shall have a careful supervision of public gas-lights, water and fire plugs, and hydrants, wells and pumps, and report any out of order ; shall also prevent filling of casks at the pumps and hydrants, quell all riots, and use all other means in their power for the preservation of the quiet and good order of the city. The constables, immedi- ately after visiting their respective districts, shall report to the city marshal the state of their districts. On Sundays the district constables, unless called upon by the mayor, aldermen, or city marshal to do other duty, shall visit their districts twice a day, and report on Monday morning the result of the previous day's rounds. The constables on duty at the police office on Sunday shall be excused from this part of the duty on that day. 6. The constables will hold themselves in readiness to attend, when lawfully called upon either by day or night, for the discharge of their duty as constables, in arresting rioters, disorderly and lewd characters, common beggars, drunkards, and other offenders against the law, and bring them before the stipendiary magistrate, if between the hours of ten o'clock, A. M., and three o'clock, p. m. After three o'clock to place all ofTenders in the lock-up-room until eleven o'clock the next Ditiesa"! to arrasti, etc. PART II. H ORDINANCES.] POLICE. 211 morning, when the same are to be reported, and each offender brought up for exanranation, by the constable by whom he was arrested. 7. Should any constable get into any difficulty or trouble To ask advice of in the discharge of his duty after office hours, he is to apply to one of the aldermen for advice, and be guiilcd by his instructions. 8. In the event of fire breaking out, the constables shall To R've alarm:* immediately give the alarm, proceed to the fire and render any necessary assistance. 9. The constables must have their names and their nura- Names, etc., on bcr painted on a tin plate, which plate must be placed on some conspicuous part of the front of the house in which they reside. 10. The constables are constantly to wear the dress ap- To wear imi- pointed for them, and to carry the staff of office when on °™'®*'- duty, and at night ; and on neglect thereof, the city marshal shall report the same to the mayor or presiding alderman. 11. No constable is permitted to engage in any duty un- Pcrfice, how connected with his office unless by special permission, — and I^ciafserv'ices. when required to attend public meetings, lectures, or exhibi- tions, permission shall be first obtained of the city marshal, who shall keep a regular list, so that each constable may attend in rotation ; any constable violating this rule, may, if the mayor sees fit, be suspended from office until the next meeting of council. 12. The watchmen shall be appointed to particular wards "Watchmen for or districts, and it shall be the duty of each of them during -their duties. the whole night, or such hours as the council shall direct, to walk the round in and about the streets and thoroughfares of the ward to which such watchman is appointed, and to apprehend and to take into custody all persons found drunk in the streets, all persons committing actual breach of the peace, and all disorderly persons who may be disturbing and endangering the quiet, peace, and good order of the city, and to convey such persons, when arrested, to the police office, to be there kept in custody until eleven o'clock in the morning of the day following, to be then examined and pro- ceeded against for such offences, unless previously liberated by the mayor or one of the aldermen. 13. Any person who shall assault a watchman on duty Penalty for [ shall pay a fine of not less than one dollar nor more than watch!"**^ forty dollars, or be imprisoned in the county gaol or city prison for a period not exceeding ninety days, at the option of the officer presiding in the police court. m 212 CITY OP HALIFAX. [rART II. YII. City Prison. Constitution and jiowers of city pr'son coni' niittce. City ])rison UCCOUUtP. Governor and iinder-kcppers. Receiving and discliarge of prisoners. Prisoners' record to bo kept. Male and females separ- ated. Employment, 1. The city prison shall be placed under the supervision ■ of a committee of six aldermen, one alderman being selcctt'd from each ward, to be so arranged as to ensure a change of three of the committee annually. The committee shall have the sole charge of the establishment, subject to the supervision of the mayor and council ; and shall meet once in each month at the prison. 2. The accounts of the prison shall be settled every month, and be paid on the certificate of the chairman. The committee shall be at liberty to purchase the supplies o( the establishment, or to have them supplied by contract. Before the accounts, certified by the chairman of the city prison, are paid, they shall receive the sanction of the city council ; and it shall be understood that any accounts referred by the chaiiman for payment shall take precedence at the council board of all other business, to expedite the payment of the same. 3. The prison shall be placed and kept under the charge of a superintendent or governor, who must be thoroughly cquainted with the modern system of prison discipline. Under-keepers shall be employed, at salaries to be fixed by the city council, who shall be the overseers of the prisoners ; and one or more of the city constables shall attend at the prison when required by the commissioner for the month. 4. !No prisoner shall be received by the superintendent or keeper without a written warrant of commitment from the police office, specifying the offence and the term of imprison- ment ; and no person shall be discharged without a written order, signed by the Stipendiary Magistrate. 5. The superintendent or governor of the prison, shall keep a book, in which shall be entered the name, age, and description, as near as may be, of each prisoner, — the time of his commitment and discharge ; and the book shall contain a column, in which the conduct of the prisoner during his im- prisonment shall be entered. All the prisoners shall, while in prison, wear the prison uniform, to be prescribed by the committee. 6. The male prisoners shallbeplacedin the East, and the female prisoners in the West wing, and juvenile offenders shall be place J in the upper story of the East wing ; unless other arrangements of the prisoners be directed by the committee. 7. The prisoners, both male and female, shall be employed in such way as the committee may from time to time direct. [part II. ■ ojiDij^ANCES.] CITY PRISON. 213 upervision ig selected change of shall have lupcrvision ;ach month Lied every chairman, supplies d y contract. )f the city of the city ts referred ince at the ae Davment the charge thoroughly discipline. )e fixed by ; prisoners ; ;cnd at the 3 month, ntendent or i from the >f imprison- it a written rison, shall e, age, and -the time of all contain a •ing his im- shall, while •ibed by the ast, and the fenders shall unless other ommittce. be employed time direct. 8. Solitary confinement, being one of the principal modes Solitary con- of punishment, all the prisoners, except when employed, shall be kept locked up in their respective cells, unless otherwise ordered by the committee, who shall have power to relax the general rule in particular cases. 9. At the meal hours the male prisoners shall proceed in Menis. order to the cook house, and shall there each one receive a kit containing his food, with which they shall be marched to their respective cells, and take their meals separately, and then re- turn their kits to the wash-house. Before each meal, the prisoners shall repair to the wash-house, and there be required to wash, &c. The same rule shall be adopted as regards the female prisoners, as far as may be found expedient. 10. The wash-house shall be furnished with the necessary Wash-houae. appliances for washing, and shall be kept in order under the direction of the keeper's wife or the matron. 11. Suitable work-rooms shall be provided for the Work-rooma. women in the second or third story of the central building, and one also for the men, when not employed abroad. 12. In the caco of refractory prisoners or incorrigible Dark ceils, offenders, the dark cells may be used, under the special order of the committee, but not otherwise, except in cases of emer- gency to be immediately reported to the committee. 13. The cells in both winsfs shall be numbered, and the Ceiis numbered, o ' etc* number of the cell assigned to each prisoner marked in the record book before mentioned, opposite to his or her name. 14. The aldermen composing the Committee of City Mombm of ^ Prison shall, in rotation take, each for one month, the charge act in rotation, and superintendence of the prison, according to a list to be agreed upon by the committee ; and in case any alderman cannot take his turn from sickness, absence or urgent business, the mayor may direct the next in rotation to serve. 15. No person shall be permitted to visit the prison, Visitors, unless by written permission of the alderman in ^\'llose charge it is for the month; and such visitors shall not be admitted before eight o'clock a. m., or after six o'clock, p. m. The mayor and aldermen, recorder, city clerk and marshal, the sheriff of the county, clergymen of all denominations and the physicians and surgeons practising in the city shall be exempted from these restrictions, and may visit the prison at any time they deem necessary. 16. The hours of labor for the prisoners shall be from six ^ours of labor, a. m., to six p. m., from the twenty-second of March to the twenty-second of November, and during the remainder of the year from eight o'clock a. m., to five p. m., every week day, except Christmas day. Good Friday, the Queen's birth day, and the twenty-first day of June. The Lord's day shall be I I I 1 m 1 i ' AM , V p m iM^d , 214 CITY OF HALIFAX. [part II. Meals. Diet. Clothing. Prison and inmates to be Ivcpt clean. Weekly baths. Refractory prisouera, etc. Prisoners to work. Seclusion. Register of pri- soners. most punctually observed in the city prison as a day of rest and repose, and for the worship of God. 17. The prisoners shall be allowed one hour for their breakfast, from eight to nine a. m., one hour for their dinner, from one to two p. m., during the summer months, and ono hour for dinner during the winter months. Their supper shall be at six p. m., for which they shall be allowed half an hour. After that they shall retire to rest, and not be sub- jected to any unnecessary disturbance until five o'clock a. m. next day. 18. The diet shall be allowed agreeably to the table of diet hereto annexed, which is not to be retrenched or altered in any way, unless by express order of the alderman of the month. 19. The clothing of the prisoners shall be furnished them under direction of the alderman for the month. It is to be so distinguished, either by color or other peculiar marks, as to make their escape more difficult. 20. The governor shall see that the whole interior of the city prison is constantly kept as clean as may be and fully ventilated throughout all its apartments. It shall he thoroughly whitewashed with lime twice a year. Every prisoner shall be supplied with a bucket and cover to be daily emptied, for his necessary accommodation. Every prisoner shall be cleaned, shaved and have a shirt washed for him, once a week at least ; have a full daily supply of clean water and soap, and a clean towel once a week renewed. No clothes shall be washed or hung up wet in any room used for a sleeping apartment. 21. Every prisoner shall be allowed the means of bathing the whole person weekly, either with cold or tepid water. 22. Any prisoner turbulent refractory or misbehaving is to be reported by the keeper to the alderman of the month, by whom alone shall any punishment be ordered. The keeper may nevertheless secure any prisoner in closer custody than the rest, if he prove himself dangerous, either by his using threats or blows, but not otherwise. In such cases he must report immediately to the alderman of the month. 23. Prisoners may be set to work either in or out of the prison, by direction of the alderman of the month. None but adult males shall work outside. 24. Punishment of a prisoner may be by seclusion. 25. A register book shall be kept in the prison. The keeper shall enter therein the name and description of every prisoner received, the date of his entry and the term for which he is sentenced ; also shall minute therein the discharge of every prisoner. When any prisoner is put into close or separate [part II. ■ OHDINANCES.] CITY PRISON. 215 confinement as refractory, or subjected to any punishment, the fact of such punishment shall be regularly entered at the time in the rc<^ister by the keeper, and the entry signed by the alderman for the month. 26 The whole establishment shall be througldy inspected naif-yoariy twice a year, viz. : in the last week of June and the last week ^'^'^ of December. The inspection shall be conducted by two aldermen named for the purpose by the mayor. The roll shall be then called, and every prisoner's condition as to health and behavior minuted, the clothing and bedding of each prisoner inspected, and any deficiencies noted. The state of all parts of the buildings, floors, windows, doors, chimneys, furniture, &c., also noted ; and the result in writing in detail, signed by the two aldermen inspecting, shall be laid before the city council at their next meeting thereafter. 27. The accounts of all receipts and expenses connected Acconnu. with the prison, shall be kept under the direction of the alderman of the month, and made up, and if found correct, signed by him on his term expiring, and filed with the city clerk to be laid before the council when they require it. 28. Copies of the law respecting the City Prison, and ofcopiesof law this ordinance, shall be constantly posted up in two or more nancn posted up conspicuous places Avithin the prison. M Schedule. Schedule. Prisoners' Alloioance in City Prison. For Men. Each : — half lb. meal in the morning, and the same in the evening. Dinners : Sunday, ^ lb. meat, with ^ lb. bread — soup with barley. Monday : ^ lb. fish, with ^ lb. bread. Tuesday : ox feet soup with barley, with ^ lb. bread. Wednesday : J lb. fish, with J lb. bread. Thursday : ^ lb. meat, ^ lb. bread — soup with barley. Friday : ^ lb. fish, ^ lb- bread. Saturday: ox feet soup with barley, J lb. bread, or ^ lb. potatoes. For Women and Boys. Each : 6 oz. meal in the morning, and the same in the evening ; at dinner, 4 oz. bread, or 1 lb. of potatoes ; the other articles the same as the men. 216 CITY OF HALIFAX. [I'AUT II. VIII. City Treasurer's Bond. Form of bond. j^ ^ho bonds to he hereafter given by the Trcnsurer of thc City sliall be iii the following form : Form of Treasurer's Bond. tCnow all men by these presents, that We, of the City of Halifax in the Province of Nova Scotia — City Treasurer as principal, and as sureties, are held and firmly bound to the said City of Halifax, in the sum of twenty thousand dol- lars lawful money of Canada, to be paid to the said City of Halifax; for which payment well and truly to be made, we bind ourselves and any two of us and each one of us and the heirs, executors and administrators of us and of any two of us and of each of us, jointly and severally, firmly by these presents, sealed with our seals and dated the — day of in the year of our Lord one thousand eight hundred and : Whereas the said was duly elected Treasurer of the said — day of City of Halifax by the City Council on the October in the present year. Now the condition of this obligation is such, that if the said do and shall well and faithfully discharge, perform and execute all the duties of Treasurer of the said City of Halifax according to the provisions and t rue intent and mean- ing of the Statute of the said Province of Nova Scotia, entitled, "An Act concerning the City of Halifax," passed the tenth day of May, one thousand eight hundred and sixty- four and all other Acts or Statutes of the said Province, and bye-laws or ordinances of the said city, and resolutions or directions of the City Council now in force, or that may be made relating thereto, and shall duly account to the City of Halifax for all and every sum or sums of money which have been heretofore received by him, or which shall hereafter come into his hands by virtue of his said office of City Treasurer, and shall (whenever required by the City Council) pay over to whomsoever they may appoint to receive the same, any moneys due to or belonging to the city which may be in his possession or for which he may be accountable, then this obligation to be void, otherwise to remain in full force and virtue. Signed, sealed and delivered, in presence of (L.S.) (L.S.) (L.S.) in ORDINANCES.] CITY AUDITOR. 217 IX. City Auditor. 1. Tlio Auditor of the City of Halifax shall be the Auditor to bo nfunoral accountant for the city, and shi^lliccoi^'o and l)r('servc couiuaurofcity, in his office ail city accounts and hooks, and all voucIkts, **"• documents and papers relatinj^ to the accounts and contracts of the city, its revenue, debt and fiscal affairs. 2. It shall bo his duty to obtain from the City Clerk a AinimiHiation certified statement of the annual appropriations so soon as these *"' ^*'^' *"''"■ pass the council in each year, and to open — in an appropria- tion ledger to be by him kept for that purpose — an account for each ; and all warrants drawn shall be certified by him Warrants, before being paid, and sliall bo charged in deduction from the various appropriations. 3. He shall not certify for payment any warrant for a Not to certify • ^ ■} r y '.• i^'i. 1 cortuiii war- purpose unprovided lor by appropriations or which may be rants, drawn for an amount exceeding the appropriation, unless the overdraw has been authori'/od by a Aote of the city council, certified to the auditor in the same manner as the annual appropriation. 4. He shall not certify for payment any warrant for a sum Various war- or account not previously passed and sanctioned by the council, ue'i.'^xcept'^ unless it be for such accounts as the committtcc are authorized ""uditii^us?'" to expend without a vote of the council, and then only by vote of the committee or upon the signature of at least three members of such committee ; with the exception of the Board of Commissioners of City "Works, whose pay lists and accounts shall be passed and paid on being certified by the chairman, or acting chairman and clerk of the board ; provided however that such pay lists and disbursements are in accordance with the appropriations ; and all warrants shall have the various accounts they are drawn for attached thereto for the purposes of such certification and filing on record. 5. The auditor shall at least once a month furnish the Monthly statp- 1 . o . 1 1 1 f 1 • 1 incnts to chair- chairmen or committees and heads oi departments with a men of com- statement of their respective appropriations and expenditure. 6. The auditor shall, at least once a month, and oftener shaii inspect if required, make a personal inspection of the books and »nd returns. ' accounts kept by all officers of the corporation charged in any manner with the receipt of or collection of the city revenues ; and shall see that they are well and correctly kept. He shall carefully examine and check all returns made by such officers, and certify the same with his initials if found correct. .:!■<»»" .'T •» 218 Officers to sub- mit monthly reports, under panalty. CITY OF HALIFAX. [part II. Monthly state- ments for flnancG com- mittee. Lederer for stock, etc. 7. He shall also require of all such officers in receipt of city moneys that they shall ^ubmit reports thereof with vouchers into the city treasury as often as may be deemed necessary by the Finance Committee ; and if any such officer shall refuse or neglect to make an adjustment of his accounts when so required as aforesaid, and to pay over suvh moneys so received, it shall be the duty of the auditor to thereupon issue a notice directed to such officer, requiring him to imme- diately make settlement of his said accounts and to pay over the balance of money in his hands belonging to the city to the city treasurer ; and in case of refusal or neglect of such officer to adjust his said accounts and to pay over said balance as required, it shall then be the duty of the auditor to make a report of the delinquency of such officer to the mayor, who shall at once suspend him from office. At the end of each month, and oftener if required, the auditor shall make out and submit to the finance committee a statement — showing the amount expended by each com- mittee and the balance of appropriation remaining at their credit. He shall also rsport to the finance committee from time to time any information concerning his department which It may be necessary to bring under their notice. He shall keep a registration ledger of all stock, bonds or debentures which may be issued hy the city separate and distinct from the general ledger ; and also, all ti ansfers or assignments thereof which may from time to time be made ; and he shall compare the same with the books of record kept by the city treasurer, and city clerk respectively. Monthly verifi- cation of caBh boolc. Y5.«.rly state- mentti to com- mittees uud officers. 9. It shall be his duty at the end of each month to compare the cash in the treasury with the balance appearing in the general cash book, and to enter in a book to be kept by him for that purpose the component parts of such balance, which shall be monthly submitted to the finance committee. 10. It shall be his duty at the close of each civic year to furnish the committees and the chief officers of the various civic departments with statements of their expenditures for the past year ; and it shall be the duty of the chairmen of committees, and of such officers, to furnish him with detailed estimates of the requirements of their several departments for the ensuing year, in the following form, to wit : a. For the general and ordinary expenditure. b. For any proposed additions thereto. c. For contemplated improvements and new work ; with a view of submitting the same to the finance committee before the close of the month of April. •fe' ORDINANCES.] STREETS. 219 etc. 11. The auditor shall annually prepare a full and accurate Jncftyflnanws, report of the financial condition of the city and also when- f*' ever required shall furnish the mayor, or any committee of the city council or city treasurer with abstracts of any books, accounts, records, vouchers or documents in his office, or any information in relation to any thing pertaining to his office or to the revenue of the city ; and he shall at all times permit the mayor, any member of the city council, the city clerk, the city treasurer or any other officer interested to examine any books papers or documents in his office. IS. to four o'clock p. His regular office hours shall be from ten o'clock a. Office houn. m m. X. to compare Streets. 1 . No person shall slake, riddle, mix with sand, or other- wise prepare lime in the streets, squares, lanes, or in any garden or wharf in the city, unless by written permission from the Board of City Works, under penalty of two dollars for each offence. 2. No person shall raise or hoist up goods in the streets, or in any thoroughfare, into the door or window of any upper store, storey or loft, nor throw down or lower the same, under a penalty of four dollars for each offence. 3. The occupiers, owners, or persons in charge of houses, stores, and lots and pieces of ground shall be bound after every fall of snow, to clear away the snow from the sidewalks and gutters of their respective premises, within two hours after it shall cease to fall, under penalty of not less than one dollar nor more than four dollars on each person who neglects or omits so to do. 4. No persons shall stand in a group, or near to each other, on any sidewalk, in such manner as to obstruct a free passage for foot passengers, under a penalty of not less than fifty cents nor more than two dollars ; and any person refusing or neglecting, after the request of any of the city officers, police or watchmen, to remove and not obstruct such side path, shall be liable to the like penalty. 5. Any person who, being on any square, street, lane or thoroughfare, or any sidewalk or any front door- way or any window, or any opening le;\ding into a street or thoroughfare, shall use openly any prcfane, obscene, lewd or lascivious language or behavior, may be forthwith taken into custody, by day or by night, by any police constable, or by any watchman by night, and may be taken to the police office and there Limo not slaVod etc., in strt'ets. Goods not lioist- ed, etc. Snow to bp cleared n\v»y. Penalty forcr.n- gregatiiis; iior fourth offenec. Police to report waste. Where offen- ders uukuown. Hydrants erect- ed under Board of City Works. Meters in hotels, etc. For the fourth offence, the w.ater shall be turned off, and the board of city works are hereby empowered to refuse to allow the water to be again turned on, or the said board may direct the water to be turned on, upon payment by the offender of a sum not to exceed eight dollars nor to be less than four dollars. 2. The penalties imposed by this ordinance may be re- covered before the police court, and payment enforced by warrant of distress upon the goods and chattels of the offender. The Foreman of Works shall notify the board of commis- sioners of the payment of all penalties before the water is turned on. 3. After the fourth offence, any of the officers of tlie Board of City Works, upon discovering any unnecessary waste of water, and after twenty-four hours notice in writing to remedy the waste being given to the occupant of the [^remises where the waste occurs, may, if the waste continues, turn off or order to be turned off the water from the property where the waste is permitted. 4. It shall be the duty of the officers and men of the police force to report at the police office the numbers of all houses in which they shall find that any waste of water occurs, and also the names of the occupants of such houses when they can be ascertained. 5. When the names of any persons offending against this ordinance cannot be ascertained the officers of the Board of City Works shall turn off the supply of water without notice. 6. All hydrants which are hereafter to be placed in yards, or exposed situations shall be put up under the directions of the Board of City Works. 7. The ijoard of City Works are hereby authorized to place water meters in hotels, breweries, distilleries, or in such other places as the said board may consider necessary. XIV. Infected Clothing. City medical officer may de- stroy inlected clotuiDg, etc. 1. The Medical Officer of the City of Halifax is hereby empowered to destroy, or cause to be destroyed, all clothing or other articles of persons infected with or suffering from small-pox or other contagious or infectious disease ; .ro as to prevent the spreading of such disease ; and such medical officer is further empowered to adopt and take all such other necessary and precautionary measures, under the directions of ^^m ORDINANCES.] FISH MARKET. 223 the Sanitary Committee appointed by the City Council, as will tend to protect the city from contagious or infectious disease. XV. Fish Market. 1 . The market shall be kept open for the reception and Market,^ when sale of fish every day from sunrise until six o'clock in the afternoon, except on Sundays, when it shall not be opened. On Saturday evenings, from the first day of May to the first day of November the market shall be kept open until ten of the clock ; and from the first day of November to the first day of May the same shall be kept open until nine of the clock ; and the same shall be subject to the same rules and regulations as govern the meat and green markets, when not inconsistent with this ordinance. 2. The keeper of the market shall prevent the sale of any No stale fish to ofi Kont OP sold fish, stale, unsound or in a decayed state ; and is hereby era- powered to seize and effectually destroy the same, and no fisherman or any other person shall offer to sell fish stale, unsound or decayed. 3. The keeper shall cause the market, and the slip and Mari'et cleansed the cleaning table, to be swept and washed every day in the week; and every person hiring or occupying a stall, shall, under the di^pctions and instructions of the keeper, have the same washed and made clean and as dry as possible, after he has finished his sale for the day. 4. Smoking of tobacco in the market is prohibited. No smoking. 5. No person shall clean any fish at any other part of the Fish, where slip or market, but at the cleaning table. *^ ^^*^ ' 6. The rates to be paid for stalls in the fish market shall be Kates for stalls. arranged and settled at such sums as the council may direct. 7. The keeper, from the first day of May to the first day unsold ash of November, shall, at the time of closing the market, cause all fish remainiijg unsold to be removed from the market. Such fish shall not again be exposed in the market. 8. No person shall be allowed to throw fish of any kind ^jah to be und- /•I 1 11 1 1' 1 1 11 1 ed on barrows out CI boats or shallops on to the slip, but shall convey the or in baskets, halibut into the market on hand-barrows, and the small fish in baskets, to be furnished by the keeper of the market. Should any of the barrows or baskets be lost or damaged, the value of them if lost, or any damage done to them, must be paid for by the person by whom they were lost, or in whose service they were damaged. The keeper shall be held responsi- ble for the safe keeping of these articles. iii ■' 1 m 224 CITY OF HALIFAX. [part II. Salo outside markets for- bidden. Market waiters, Badge?, etc. I'crsonsnotto loiter about market. Council may Uceiise perBons to open flsh markets, etc. * ( ■ 9. No fisherman, or any other person or persons, slmll, on any account, sell or expose for sale, fresh fish, excepting trout, eels and other small fry, in any boat, vessel, shop, wharf, stall or place within the City of Halifax, other than in the fish market. 10. The keeper of the market, once in every year (lurinnf December, shall give in to the city council a list of at Icftt^t twenty persons, fi'om which the city council shall appoint twelve to be waiters at the fish market, to clean and carry home fish for such as may choose to employ them, and pay a reasonable sum for their services ; and any dispute relative to the charge made by the waiters, or any of them, shall ho settled by the keeper of the market. Should any one ap- pointed to such office refuse, become idle, disorderly, or exor- bitant, in his charges, it shall be the duty of the keeper of the market to report him at the police office, and the complaint being proved, he may be dismissed, and another appointed in his stead by the mayor. 11. Every one appointed to such office shall furnish him- self with a badge, suspended from his breast, with the words " Market Waiter," and the date of his appointment on the one side, and his name and number on the other side. The names and numbers of those appointed shall be recorded by the city clerk ; and no person shall wear such a badge unless duly appointed, and not removed from office. 12. It shall be the duty of the keeper of the market to prevent any idle, noisy or turbulent boys, ov, drunken or disorderly persons, from loitering about the said fish market slip, or premises connected therewith. 13. Any person convicted in the police court of violation of any of these regulations, shall be fined a sum not exceeding eight dollars, and costs of prosecution ; and on failure to pay the same shall be committed to the county gaol or city prison for a term not to exceed thirty days. 14. The city council shall have power, upon the applica- tion of any person, approved by the sanitary committee, to authorize such person, by resolution, to open and maintain a fish-market ; such market to be situated upon the water-siflo, and to be subject to all the provisions (so far as applicable) of the laws, ordinances and regulations v.hich govern the public fish-market adjoining the Market Wharf property. Every such person shall annually obtain a license, to be signed by the mayor, for which he shall pay the sum of twenty dollars. Any person opening or maintaining a fish-market, or selling fish without a license contrary to the provisions of this ordinance, shall for each offence forfeit and pay not less than twenty nor more than forty dollars. or cxor- ORDINANCES.] MEAT MARKET. 22o XVI. ^Ieat Market. 1. It shall be the duty of the keeper of the market , to "«'•'«<'* yis'tti Visit the meat market m the Lity or Halifax, at least twice every day, — once at the time that meat, poultry, or other animal food is exposed, and once about the time the said market is closed, to inspect what is offered for sale, and cause to be seized all meat exposed contrary to law. 2. Every sort of meat shall be properly blooded and Market, wiicu --J. 011**116 II ft till dressed before it is brought into the market. The market cioit-d. hours shs^U be as follows, viz. : From first of May to first of November from five o'clock in the morning till seven o'clock in the evening, except on Saturday evenings, when the same is to be kept open until ten o'clock ; and from first of Nov- ember to first of ^lay from six o'clock in the morning until five o'clock in the evening, except Saturday evenings, when the same is to be kept open until nine Jtlock. The keeper of the market shall take charge of the keys of the market, and see that the market is opened and closed at tlie hours before named. 3. The scales and weights belonging to the city shall be scaU's and in the care of the keeper, who shall be answerable for the ° same, and if they are lost or injured by any person or persons whomsoever, such person or persons shall be accountable for the same, and pay the value of the article so injured or lost to the keeper. The scales and weights shall not be used for any purpose but weighing meat. The tenants of the market shall have the preference of weighing their meat. No huck- ster or other person, shall be allowed to deposit buckets, baskets or other encumbrances in the market. 4. The market house shall be sprinkled and swept daily Market kept by the occupants, to the satisfaction of the keeper. No offal, filth, or dirt of any kind, nor any raw hides, or skins, or the paunch, tripe, or other uncleansed interior of animals, or undressed or other decayed or decaying substances, nor any live animals, shall be deposited or placed in any part of the market, nor outside near to the building. 5. The tenant of every stall, shall cause his stall window, stalls clean, etc. seats and blocks, and half of the passage way, to be swept and kept free from any dirt or filth. The entries into the market shall not be impe. Each butclicr shall be allowed to have four barrels. MNcntiflupt in laiirkot furUid- 'o forestalling. Ivcopo' of mar- ket to have rliarge of build- ing. Building kept I'leau. Keeper to Tisit and superintend market. Keeper to in- spect articles exposed for sale. etc. Green Market. 1. The building knPwn as the City Meat and Vegetable Market shall be appropriated to the sale of vegetables, fruit, flowers, poultry, meat and all such articles as are usually vended by parties frequenting the Halifax market. 2. The building shall be open to citizens and non-residents to vend and dispose of such articles? as are the produce of their farms, gardens, etc. 3. No person, for the purpose of re-selling in said building, shall be allowed to purchase from another person any article in the said market, until after thiee of the o'clock in the afternoon of any one day. 4. No forcstaller or purchaser of any of the articles enumerated in this ordinance or of any other article shall be allowed to sell or dispose of vegetables or other things purchased under the last or third section hereof. 5. The keeper of the market shall have charge of the keys of the said building, and shall take care that it be opened and closed at the appointed hours. G. The keeper shall take care that it is daily and duly swept and kept clean, and that all nuisances are removed. 7. The keeper shall visit the building twice every day; once within an hour after it is first opened, and again within an hour of its closing ; and shall also exercise a general supervision over said market during all the time it is open. 8. The keeper shall inspect all articles exposed for sale or placed in the market, and shall immediately seize, remove and destroy all putrid, decaying and unwholesome article? found therein. If ' ■»" ORDINANCES.] GREEN MARKET. 227 2JJ Moat not to bo cut, etc. 0. Nothinff whatever shall be placctl or left in the passage ras«np> to bo . kot)t clear. hctvvccn the stalls to obstruct the way or annoy the })iiblic. 10. Smoking is not to be permitted in the market. No smoking. 11. The Board of Commissioners of City AVorks shall "'"";•' V*" '"'♦y 11 tt^ oriis lO HOC cause the market to be swept out, and remove from the build- *hHit buiidinjr ing all refuse matter remaining after sales of the day; and kept clean, they shall cause the square to be swept, and remove there- from the refuse matter which may have accunmlated. 12. Articles remaining unsold at the hour appointed for^'"*'''''^;';'"*''' closing the market shall be removed by the owners thereof, or shall be declared forfeited by the keeper of the market, and sold for the benefit of the city, or destroyed. Articles removed by the owner siiall not again be brought into or exposed for sale in the market. 13. No meat shall be cut in said building, or sold quantities less than one fourth of a carcass. 14. No live calves, sheep, lambs, pigs or other animals ^°"''"»n»»"'^i» shall be brought into tlie market, or tied to any post or fence in or about the square or adjacent tiiereto. 15. No hides, tallow, feet, heads, liver, lights, hearts, or^'?,*'.'^"''-.,^*^' rt> 1 p I II I 1 1 • • 1 1 ■! T sold in building. Glial of any creature shall be vended m said building. IG. No idle, disorderly, or drunken person shall be ^^^^'■«o"^^jJi«o'- allowed to loiter in or about said building. If any person of this character shall not leave the market when ordered by the keeper, the said keeper is hereby empowered to give the said person in charge to a policeman, who shall conduct such person to the lockup, there to be detained for twenty-four hours. 17. The fees for occupancy and stands of and in the said f^^ps for stands, building shall be such as the mayor and council shall from time to time impose and determine, not to exceed twenty cents for each person per day. 18. The hours of keeping the building open shall be as ^'^inrkot when follows : From the first of June to first of September, from five of the clock in the morning to eight of the clock in the afternoon ; for the rest of the year from six of the clock in the morning to five of the clock in the afternoon. 19. Persons who first enter the market shall be at liberty ^'•"J* vomers . . •' preferred. to take up such positions as they prefer. 20. Disputes which may arise between occupants of the ^^S^rer to de- 1 /. 1 1 11 1 n 1 11 • , cide disputes. market for any day, shall be referred to and determined by the keeper of the market, whose ruling shall be final. 21. Citizens or non-residents shall not be suffered orreraons not to allowed to occupy any position of the square or the streets excopt'irom ' adjacent to the market, for the purpose of vending or dispos-''''^'^^"' ing of their vegetables, or any other articles, except from carts, as at present provided by law. •Niii f ■ : 2-28 CITY OF HALIFAX. [part n. Articles on utrcct to bi) Rnloa B3 to cai't8. HtiloH as to iiiurki-t .-((luurc. J'\'<'s, liow col- JtCtud, etc. Keeper's book. liny carta. J'eiialty for] violutiii^ ordinuuce. | Ripenl.] 22. The policemen nrc Jicrcby niithorizcd to remove, by order of the keeper of" the market, from said tsquare or streets, any article offered for sale thereon, and to convey the same to the station — to be delivered to the owner on his promiec not to a^ain offend. 2^5. Citizens and non-residents having carts at market shall range them, under direction of the keeper, as close to the sidewalk as possible, and shall sell from the carts and nut deposit articles on the street. 24. Kvery person coming within the limits of the city property on which the market-house now stands, for the pur- pose of vending goods in the open area in front of such nuuket- house, shall pay the sum of twenty-five cents for every day or part of u day during which he shall occupy a stand in such area ; and no horses or other animals shall be allowed to remain within such area. 25. All fees payable under this ordinance shall be collected by the clerk of the market, and paid over weekly to the City Treasurer. 20. The clerk of the market shall keep a book, in vvhioli he shall enter all such payments, together with the dates of receipt and the names of the parties ])aying the same. 27, Hay shall not be vended in the streets adjacent to the market,, nor shall teams of hay take up positions in said streets, otherwise than as allowed by law. 28. Whosoever shall in any manner disobey, contravene, or act in disobedience of this ordinance, shall forfeit a sum not less than one dollar, nor more than eight dollars, recoverable at the police office before the stipendiary magistrate, at the suit of the city, or of any individual complaining, and on non-payment shall be imprisoned for a term not over ten days. 21.). All ordinances relative to the markets, inconsistent with this ordinance, are hi^reby repealed. XVIII. Clerks of Market. ? 'V' ■ rrr- . i :f' 1 1 . Clerks to have cli;uyi' of w*>iglits and niea-sures. Ti> visit bakers' ops. 1 . The clerks of market, as soon as they have been sworn into office each year, shall take into their charge the standard weights and measures belonging to the city. 2. It shall be their duty to visit all bakers' shops within the city at least once in every calendar month, and to inspect the condition of the weights and scales used there, and of aich bread as they may find on the premises. ''•^pp ORDINANCES.] SLAUGHTEtt-HOUSES. 229 .T. They sliall visit once in every year nil slinps, ware- ^''ni impoet liousOvS, sliips, and vessels, or places uitliin the city, where in.inurca ouco any kind oi'^oods are sold by weight or measure, and at such " ^'''"'^" visit diligently ascertain the correctness of all weights and measures in use. 4. They shall, in addition, make such further visits to any Furtiur vi.-it*. place or places as the mayor may direct. f). It shall he their duty to stamp and mark all ^veights J|«,^j'^J';[^'^'J'' and measures which they find correct, and seize those defi- cient. G. The stamp used shall be the letters IIX. stamp u.ru. 7. It shall be also their duty to re])ort in writing quarterly, '^'** "'• <"■*• or oftener if required by the mayor, their proceedings, show- ing particularly any deficiencies, or subjects of seizure or prosecution. XIX. ii Slaughter Houses. 1. After the passing of this ordinance, no person shall s'n"p''*f'>'- . build or erect any slaughter-house or building, or use any ccinfonuitywifh ar .1 n 1 •l^• .i • 1 this ordiiianc'J. or premises tor the purpose of killing therein, unless such slaughter-house or building, yard or premises is built made or constructed as hereinafter provided. 2. No ])crs()n shall hereafter build, erect or construct, or sirn'Ri'tpr-house , 1, . ^ . . Ill I M 1- ♦" I'f 'Jio feet sh'iU maintain or continue any slauglitcr-house or buikling, from street, etc. yard or j)reinises erected, constructed^ built or kej)t, for the purposeof killing therein within the limits of the said city, unless such slaughter-house, building or premises is situate at least two luindied feet from any public street, and three hundred feet from any residence or dwelling except that of the owner of such slaughter-! )use, and unlciss it is in no manner injurious to the public health. Whenever any dwelling house shall be erected within three hundred feet of any slaughter-house, the owner of such dwelling may notify the mayor that such slaughter-house is injurious to the health or convenience of the occupants of such dwelling ; and thereupon such slaughter- house shall be removed within one month, under the penalties prescribed by section 50G of Chapter 81 of the Acts of 18(54. 3. No butcher or other person shall kill or slaughter anv Pffcriptinn of bcc^^es, cows, calves, sheep, swinc or other animals within etc. such city ; unless the house, yard, pen or other place where such killing shall take place is paved, or laid with stone flags or tiles, and the same inlaid with cement and made impervious to water, and the floor in every such case made with a descent towards a gutter which shall pass through 1' I 2:50 CITY OF HALIFAX. [rAUT II. ofl'ii), ('to., how niifl wlu'ii ii inovoil. flic same and Icadiii;; to a reservoir \vlii('li shall he placed to receive the hlood and oH'al passiiijj; therein, whieh HJiali he emptied in eonformity with nection five of this ordinance, at the end ol'eacih day ujion wliich killing has heen clones on the premiHcs, no that no oIliMisive eflhivia may arise therct'roni. KimiKhtpr. 4, KviM'V slani^hter-iioMse, l)uil(lin'' or premises ko used IK.HH.' white. , ,, 1 ,. • , . '^ , , . . , , " ' . , %vahii.'(iiiioiiih- sliall oe lime wliitewashcd mside tit least once m each month hctween the fiist dtiy of April and the i'irst day of Xovemhcr in each yetir, and shall also be supplied with a hydrant, jaimj) or well Ijiiviii^ a suflicient sijp[)ly of water for the piu'pose of keepin<;; the i-ame eleiin and free froni smell, and shall at all times have a printed copy of this ordinance and of any regr tions rchitiiif!: to slauL!;hter-hous( s hun«]f up or exposed in so conspicuous part of such huildin;j: or premises. T). No i)erson shtdl remove, or carry in or through any i.T the streets or s(piarcs, courts, lanes, avenues, places or alleys of the said city any dirt or oftal, animtd or vc<;etal)le su!)- stance or refuse fronj any of the said slaufihter-iiouses, except upon such terms and conditions as one of the health inspectors of the City of Ilalifiix shall e city <'ourt, wlietlier the animal whall have IxHjn impounded or nut; ;md for each and every ^ookc the isum often cents. T). Every fciu<'h animal neizein<; the nex nrecedii i>; section of Pflnauic^ for . . r 1 11 I 1 • i i 1' , , '7 r Tiolatiiig sixtli this ordinance, shall Im suoject to a fork i Lure not exceeding suction. two dollars with costs, for every such animal kept within the above limits, to be levied with costs of distress or execu- tion on the goods and chattels of the offender ; and the penalties herein mentioned, shall and may be recovered at the police court of the City of Halifax, and, in the event of non-payment, the offender may be imprisoned for a term not exceeding ten days in the county jail. 8. After the passinii^ of this ordinance it shall not Ije No catu.» to go I o ^ turouLTii city lawful for any person to allow horses, cows, sheep, swine, unattondod. goats or other cattle to go at large in any part of the city limits ; and no such animal shall be allowed to pass or re[»as8 in the city limits unattended by a kee|)er. Any person infringing this section shall for every offence forfeit and pay a fine, on prosecution in the police court, of not more than six dollars nor less than one dollar, whether the animal be impounded or not. ** ** 232 CITY OF HALIFAX. [part II. Certain ponal- ticH, how apprO' priated. Council to fix jiliicPB for »talliuiiii. IViialty. I'olicp to pii- force urdiuanco. 0. One half the forfeiture imposed by the fourth and fifth scctionj of this ordinance, on ihe impounding of cattle, shall be payable *o the person who shall impound the animal ; but this shall not apply to any claim for damages laid on the impounding of cattle. 10. No person shall hereafter cause, permit or suflfer any stallion in his kce[)ing or charge to cover or line any mare, or shall be i'l attendance upon any stallion covering or lining any mare within the city of Halifax, except in such place or places as shall be designated for the purpose by the City Council. 11. Any person who shall violate the tenth section of this ordinance shall be liable on conviction to a iii\e of twenty- five dollars for each offence, to be recovered at the police office before the stipendiary magistrate ; and if the fine be not forthwith paid, the offender shall be imprisoned for not mo.c than thirty days in the city prison. 12. ^ shall be a special duty of the city police to attend to and enforce this ordinance. XXI. Manufactories. 11 " : K I I'arlY about ImildiiiK factory to submit plan^, "tc, to city urciiitect. Statomont and l)liin submitU'd ti) couucil. City Council may fjrant ppr- tiiission umiur cuuditiuns. 1. Every person before he shall erect, or begin to erect any soap and candle manufactory, bakery, brewery, machine shop, steam mill, steam engine, distillery of spirits or other distillery, lime-kiln, tannery or any othei establish- ment, manufactory or trade, shall submit to the city architect a statement, particularly describing the nature of the business to be commenced and conducted, the description of the building or erection to be put up and the locality where it is to be placed, with a plan annexed to the statement clearly showing the nature and extent of any buildings, machinery or works for conducting the business. 2. The city architect shall within fourteen days after receiv- ing the statement and plan contemplated by the above section submit the same to the city council for approval ; and no building, business, engine, factory or works mentioned in the above sect, n shall be erected, commenced or established unless permission therefor be given by the city council. 3. The city council, upon granting permission to begin any business or to make any erection mentioned in the first section of this ordinance, are hereby authorized and empowered to annex to their permis&ion by resolution, any condition or restriction, by which the person who seeks pcrmissitm shall be compelled to construct and employ apparatus, machinery or other proper means to consume the smoke or other substance WP* ORDINANCES.] PUBLIC CEMETERIES. 233 arising from any engine, machine shop, bakery, brewery, mill works or establishment which he may erect, commence or con- duct, and to prevent any nuisance, danger, inconvenience or discomfort to rate-payers and other citizens. 4. The city architect is liereby authorized and empowered ^'*>' arcinti ct •^ , •' ' inny enter Hiito. Hill, and divided into lots of throe feet in width from North to South, shall be entirely devoted to the interment of strangers and other persons who die and have no relatives residing in the city ; and for this purpose the said strip, except such parts thereof as have been already disposed of, or appropriated to the burial of the dead, shall be sold under the direction of the aldermen appointed as the committee of the cemetery for the time being, for the sum of four dollars for each lot, payable on all occasions before they are allowed to be used for interment. 2. AVhatcver portions of the remaininn; part of said ccmc- ^•'.'"J"''^ •'^f" '■; ^ t , T-ii. n • r sold aud iiaid tcry are now, or may be divided into lots or nine feet square, for. shall be sold under the direction of the committee for the sum of eight dollars for each lot, except such as have l)ccn already used for the purpose of interment ; the proposed pur- chaser, at the time of aj)plying for the t-ame, to have his name and the number of his lot registered by the city clerk, in a book to be kept by him for the piirj)osc, and to pay therefor, and take out his title thereto within thirty days from the time of application ; and if he sh;ill not so pay therefor within the time aforesaid, he shall forfeit all inter<^st T !•(. 234 CITY OF HALIFAX. [part II. Provision as to (livisioa8 5 & 6. I'ftrt)- must hIiow title to lot ISO one to own over 4 lots. . Use of lots restricted. Lots exchanged Regulations as to manner of enclosing lots. « 1 -ft 4; ; therein, provided tlie said lot shall not have been used for tlic purpose of interment ; but if the paid lot shall have been so used, and the purchase money or any part thereof shall, after the expiration of the said time, remain un[)aid, the amount so due and unpaid may be sued for in the name of the City of Halifax, and recovered as debts of like amount are sued for and recovered. 3. Divisions numbers Five and Six, on the plan of the cemetery, having been allotted to the parishes of Saint Paul's and Saint George's respectively, a sale of any portion of these grounds shall not be made, nor shall a title be delivered to any intended purchaser unless, in addition to registering his name as aforesaid, he shall first produce in writing to the city clerk the approval of the rector and churchwardens of the parish to which the division comprehending the said required lot has been assigned. 4. No person shall be allowed to use any lot for purposes of enclosui'C, or the erection of monuments, or the cultivation of trees, slirubs or plants, unless he shall first produce his title to the chairman of the committee aforesaid, wlio shall thereupon give a written permission, addressed to the keeper of the cemetery. 5. No person shall become the proprietor of more than four lots. G. No lot shall be used for any other purpose than as a ])lace for the burial of the dead ; except that the proprietors of lots shall have the right to erect monuments or sepulchral structures, and to cultivate trees, shrubs, and plants in the same, subject to the restrictions aforesaid. 7. Any proprietor may exchange his lot, if it has not been used for purposes of interment, and select from those unap- propriated, on payment of one dollar for such privilege ; the right to the lot thus selected, to be acquired by complying with the conditions hereinbefore specified to be observed by the purchasers of lots. 8. The proprietor of a lot or lots shall have a right (sub- ject however to the restrictions by these regulations im[)osed) to enclose the same with a wall, fence or railing, of brick, stone, wood or iron, within the boundary of his lot or lots, — such wail, fence or railing, not to exceed three and a halt feet in height from the surface of the ground, either along the main avenues or alleys, nor to encroach upon the main avenues, or upon two and a half feet allowed for the alleys ; and no post, pillar or ornament, -^hall be so erected as to project in any part beyond the lot or lots, nor to encroach upon the said main avenues or alleys ; and no post, pillar or ornament, shall be so erected as to project in any part beyond the lot or lots ORDINANCES.] PUBLIC CEMETERIES. 235 »* owned by such proprietor ; and it shall be the duty of the keeper of the cemetery to require the terms of this regulation to be complied with, and in all cases of violation to give notice to the committee of the.cemetery, who shall have full ])ovver, wlien they may deem it advisable, to cause any wall, fence, railing, post, pillar or monument, improperly erected, to be removed. 9. No wall, fence or railinjj, shall at any time be placed Pe«ign of rail- or erected in or around any lot or lots, unless the materials proved by and design shall have been first approved of by the chairman *'°°^" (if the committee of the cemetery, or a majority of the members of the committee ; nor shall the keeper of the cemetery allow any such wall, fence or railing to be erected, unless the consent of the chairman, or a majority of the members of the said committee, be presented to him in writing. 10. The proprietor of a lot or lots shall erect at his own i fopr'Ptors to expense, suitable landmarks of stone, iron or wood, at the ami numbers of corners thereof, and shall also cause the number or numbers **''^' of the said lot or lots to be legibly and permanently marked on the premises ; and if the proprietor shall omit for thirty days after notice to erect such landmarks, and mark the num- ber of the lot or lots, the committee aforesaid shall have authority to cause the same to be done, and the expense thereof shall be paid by the said proprietor, and on failure of such payment, the same may be sued for and recovered in the name of the city, as debts for similar amounts are sued for and recovered. 11. If any trees or shrubs situated in any of the lots shall, Trees, etc., dan- I PI' 11 1 • , fterousorinoon- hy means or then' roots, branches, or otherwise, encroach venient, how upon, or in any manner become detrimental to the adjacent lots, avenues or alleys, or dangerous or inconvenient to passengers, it shall be the duty of the committee for the time being, or such person as they shall authorize, to enter into the said lot or lots, and in such way as they may deem neces- sary remove the same, or such parts thereof as they deem necessary. 12. It shall be the duty of the keeper of the cemetery to No grave less , ,•'. ,^- r ' 1 1 •^'i*" 4 f'sst deep, require that every grave be dug at least tour teet in depth. 13. No proprietor shall transfer any lot without the con- N" 'ot trans- sent of the chairman, or a majority of the committee of the lease, cemetery. 14. Any persons who may have already purchased lots, ivrsons who -,,'''■ p •'p. 11 have not paid or used the same tor purposes or interment, ami liave not for lots, paid for the same, shall be liable to be sued for the price thereof; and the amounts due shall be recovered in the name of the City of Halifax, as debts for like amounts are now sued fur and re overed. ' ''! 1 ..Jill 236 CITY OF HALIFAX. [part II. Ppnalty for comc'tt'ry. 15. Any perpon who shall deface or injure any tomb, tombstone, railing or monument, or shall injure, disturb, or desti'oy any of the trees or shrubs within the cemetery, or any public burial-ground, shall beliable to a fine not exceeding forty dollars, besides the damages and costs, and on non-pay- ment to be confined in the gaol or city prison for a period not exceeding ninety days. xxm. Sfovp-pipps to have brick or etonu guards. r«>nalty for not removing tlaiig(>rou8 (Stove-pipe. Wooden flrc- boards for- biddvu. rciialty. Stove Pipes, &c. 1. All stove-pipes running out of, or projecting above or beyond the walls or roofs of any dwelling-house, or other building in the city, or through any window or aperture thereof, shall hereafter be deemed dangerous, unsafe and illegal, unless protected by a chimney or hanging flue of stone or brick, and carried into the same in a careful manner. 2. Any alderman or fireward may order any stove-pipe, not properly and sufficiently guarded by brick or stone work, or otherwise dangerously situated, to be removed; and any person who shall fail to remove the same within twenty-four hours after such order, shall be subject to a fine from one dollar to eight dollars for each offence, and on non-payment to ten days' imprisonment. 3. Fire-boards of wood are declared dangerous. All fire-places shall be closed with stone, brick, sheet iron or nther metallic substance, under a penalty of two dollars for every fire-board of wood used contrary hereto, to be paid by the occupant of the dwelling or apartment. XXIV. Fire Alarm Telegraph. $ * I:' ■ f ■ I 1 1; ' Fetinlty for obstructing operator, etc. Ponnlty for damaging tele- graph. 1 . Any person who shall wilfully obstruct the operator or other persons in charge of the Fire Alarm Telegraph in the City of Halifax, when engaged in making alterations or repairs to or upon any part of the said fire alarm telegraph, or who ma}' be engaged in any work necessary for the successfid carrying out of the system, shall be liable to a fine of not less than twenty dollars nor more than forty dollars. 2. Any person who shall interfere with, damage or cause damage to any portion of the apparatus of, or any thing con- nected Avith the fire alarm telegraph, shall be liable to a fine of not less than twenty, nor more than forty dollars. ORDINANCES.] NUMBERING OF BUILDINGS. 237 3. Any person intending to make alterations or repairs in rerson altering any building with which the fire alarm telegraph is connected buii'ding to shall give ten days notice to the operator, or the person in ""' ^ ^'P'-'rator. charge of the telegraph, before he shall commence to repair, in order to prevent derangement in the. working of the telegraph ; and any person who shall begin to alter or repair, Penalty, without having given such notice, shall be subject to a fine of not less than fifteen dollars nor more than forty dollars. 4. The fines prescribed by this ordinance shall be imposed Ppnaitio?, how by the Stipendiary Magistrate for the City of Haliftix, or other enforced, officer on duty at the police office, and shall be recovered at the police court ; and in default of the offender paying a fine inflicted under either of the sections of this ordinance, he shall be sentenced to hard labor in the city prison for a term of not more than forty days. XXV. or cause Numbering of Buildings and Lots. 1. All tenements, houses, stores, and places of business. Buildings and and lots of land within the City of Halifax shall, at the cost b^rcd at cost Jf and expense '^^ the said city, be lettered or numbered-at such*'*^' times and in such manner as the city council by reliolution may direct; and for the purpose of so lettering or numbering, the city council, or the Board of Commissioners of City Works are hereby authorized and -mpowered to make contracts, or to employ agents, serva.:ts, or other persons to execute and complete the said work. 2. Whosoever shall obstruct, or prevent, or attempt to Pena'ty f'>r , ' i- ' I obstructing obstruct or prevent any contractor or agent, or servant, or work, any other person, who may be engaged or employed by the said city to cai-ry out the work indicated by this ordinance, shall, on conviction, be made to pay for each offence a penalty not exceeding forty dollars, to be recovered in the name of the city at the police court before the presiding officer, and, in default of payment, be imprisoned in the city prison for not more than thirty days. 3. Whosoever shall obliterate or deface any number or I'^f.^'fy ^o"" 1-11111 n 1 1 1 obliterating name put up, or which shall hereafter be put up under the street nam.'s authority of this ordinance, or cause the same to be obliterated or defaced, shall, on conviction be jre the police court, forfeit and pay a sum not less than five nor more than forty dollar?, and in dcfmlt of payment shall serve a period in the city prison, not to exceed sixty days nor to be less than ten days. or numbers. 238 CITY OF HALIFAX. [part 11. XXVI. Licensed Houses. houses. Policpmay visit licensed houses. i Licensodhouscs 1. No liousc, tavcrn, sliop 01" othci* place whatsoever, the occupier whereof holds a shop or a tavern license for selHni,^ liquors, shall be open before sunrise or kept open after eleven o'clock at night : all inmates not lodgers shall then depart, and no light shall be kept burning therein after that hou •. On Sundays every such place shall be entirely closed, and no business done therein. Copiosofordi- 2. A copy of this ordinance, and also copies of the differ- ;ip'in^iicen«ed ent acts or parts of acts regulating and restricting the sale of spirituous liquors, shall be supplied in printed form to all persons holding such licenses in the city by the clerk of license Avhenever required ; and the same shall be kejit constantly posted or hung up in some conspicuous place in every shop, tavern, or other place were liquor is sold by license. 3. The city marshal or any of the police constables acting under the order of the mayor, the stipendiary magistrate, any aldern,rtn, or the marshal, shall have power by night or day to visit any house, shop, or place where liquor is licensed to be sold, and to inspect any part of the premises occupied by the holder of such license or immediately connected therewith by any passage, staircase, ladder, door, or other usual means of communication, in order to enforce the laws relative thereto, and to prevent rioting, gambling, and criminal or disorderly conduct ; and if any minors, or apprentices, or any disorderly persons be found therein, to t.cke them into custody, and bring them to the police office for examination. 4. Any person who shall disobey or infringe the license laws or this ordinance, — by selling spirituous liquors of any kind, wine, cider, perry, or fermented liquors, on Sundays, or on any week day after eleven o'clock at night or before sunrise, or by keeping any light burning in his tavern, shop, or other place where liquor is sold, after eleven o'clock at night, or opening the same or taking down any of the shutters on Sun- day, or after eleven o'clock at night or before sunrise on any other day ; or who shall suffer any apprentice, minor, or disorderly person to frequent the same, or to buy and drink liquors there, or by forcibly opposing the city marshal or constables in their inspection of the premises ; or shall suffer any kind of card playing or gaming to be carried on therein, or by neglecting to keep the laws and ordinances posted up as before directed, — shall for every offence be.liabletoa penalty Tenalties. M» ORDINANCES.] EXHIBITIONS, ETC. of not less than two dollars and not more than forty dollars ; and on default of payment of such fine with costs forthwith, shall be subject to an imprisonment in the county gaol or city prison not oxcee *ng ninety days, or until the fine and costs are paid. And in case of any party being convicted a second time for any such offence, his license may be suspended or iinnuUcd by the mayor. 239 XXVII. Exhibitions. I#t|t 1. The fee or sum to be paid for a license from the mayor Fee for license, for any theatrical or other public show, or exhibition, to which admission is obtained on payment of money, shall be a sum of not less than two dollars and not exceeding twenty dollars, — the precise amount to be fixed by the mayor. Every such license shall express the number of days it is to continue in force, and an additional sum, not exceeding four dollars, may be demanded for each day beyond the first. 3. All such exhibitions shall be closed at night by the Close at n.p.m, hour of eleven o'clock. 3. If it appears to the mayor that any such exhibition is J-^^ewe with- immoral, profane, or indecent in any respect, or that it pro- duces disorderly conduct, he may withdraw the license and order the exhibition to be at once closed. 4. Any person Avho shall offer to view, or shall set up, set Penalty for ex- r . - . • 1 11 1 T 1 1 • hibiting with- on toot, manitam, or carry on, or shall publish, or otherwise out license, assist in, or promote any theatrical exhibition, public show, or exhibition, of whatever name or nature, to which admis- sion is obtained on payment of money, without a license previously obtained from the mayor agreeably to this ordi- nance, shall forfeit and pay to the city for every offence a fine not exceeding forty dollars, and, in default of payment, shall be liable to imprisonment in the county goal for a term not exceeding ninety days. 5. Any person having charge of such an exhibition, who Penalty for shall keep the same open at night beyond the hours herein after' hourg™ prescribed, shall forfeit his license and "pay a fine not exceed- ing twenty dollars, or be imprisoned in the county goal for a term not exceeding sixty days. 2iO CITY OF HALIFAX. [part II. xxviir. Commercial Travellers. No ommprciai 1. After the passing of this ordinance, no commercial HirHiittouct tra\ oiler or agent, who is not a rate-payer to the city, sluiU without iicm.se. ^fl.^,j. f^^ ^^^^ ^^. g^jj ^^-^j^jj^ ^j^^ g^^jj ^.j^y ^^^^ ].jj^j ^^ descrip- tion of goods, wares or merchandise, cither by samples or otherwise, without first obtaining a license from the City of Halifax for the purpose ; such license to be signed by the mayor, or in his absence by the acting mayor ; and for the granting of such license the applicant shall pay to the City of Halifax, the sum of one hundred dollars, to be paid to the City Treasurer, to become part of the revenues of the city. Exceptions. This ordinance shall not apply to any person resident in this Province bringing produce, provisions, fuel or supplies, nor to any person whomsoever bringing fuel or agricultural produce to the city. Penalty. 2. Any person violating this ordinance shall be subject to, and liable to pay a fine of not less than twenty dollars, nor more than one hundred dollars in addition to the license fee, for each offence — to be prosecuted by any party who may inform, in the name of the City of Halifax, and on conviction and on non-payment of fine imposed, im^jrisonment for not more than ninety days in the city prison ; and the trial of any such offender, or recovery of the fine shall take place at the police office in Halifax before the Stipendiary Magistrate, and the fine shall te paid to the City Treasurer. XXIX. Rag and Junk Shops. Licenso necM- 1. After the passin*? of this ordinance, no person shall in junk, etc. establish, open or keep any pawn broker's shop, or any shop or store known as a rag or junk store, within the City of Halifax, ordeal in rags, junk, brass, copper, lead, composition, metals or small articles of any kind or description in or about such shop or store, or purchase the same from persons on board ships or vessels,without first obtaining a license from the (Jity of Halifax for the purpose, to be signed by his worship the mayor and any two aldermen ; and for granting such license, the applicant shall pay to the city of Halifax the sum of fifty dollars, to be paid into the city treasury, to become part of the revenues of the city ; and this ordinance shall apply to all ORDINANCES.] HACKNEY CARRIAGES. 241 parties who now keep shops of the like nature, or deal in articles of the descriptioft hereintofore contemplated. 2. Every party obtaininj^ such license shall provide a book ^"okn to bo ^ or books at his place of business, in which he shall enter or cause to be entered all such articles as may be taken to him or to his establishment for sale, or which he may purchase or cause to be purchased ; and he shall therein describe, as accurately as possible, the said articles, of whatever nature or kind they may be ; and the said book or books shall bo exhibited and open to the inspection of nil persons who may desire to see the same, for the purpose of recovering lost pro- perty ; and if there shall be any circumstances which may or can induce the party so licensed to suspect that the articles presented for sale have not been honestly obtained by the persons who offer them, then it shall be the duty of the party so licensed to retain the articles, and to furnish the names and description of the persons so proposing to sell at the police office, in order to cause legal investigation into the facts ; and a full entry of all the circumstances, with a clear (lescri[)tion of the parties, shall be entered in the book or books so to be kept as hereintofore mentioned. 3. Any person violating any of the provisions of this Penalty, ordinance shall be subject to, and liable to pay a fine of not less than four dollars nor more than forty dollars for each ofTence, to be prosecuted by any party who may inform, in the name of the City of Halifax, and on non-payment of the fine imposed, on conviction, to imprisonment of not more than ninety days in the city prison ; and the trial of any such offender, or the recovery of such fine, shall take place at the police office in Halifax, before the stipendiary magistrate — the fine to be paid into the city. XXX. #' Hackney Carriages. 1. Carriages for conveying persons from place to place Hacks licpnsp.i within the city for hire, may be licensed by the mayor ; and carriages so licensed shall be numbered. 2. A committee of six of the city council shall be annually committee, appointed, who shall have supervision of the owners and drivers of said carriages, and their conduct. 3. The committee shall lay off and number the stands forSt*°<*s- such carriages, in the different streets, lanes, or highways of the city, (the same to be in Barrington Street, on the East side of the Parade, and such other places as the committee may direct,) and change, increase or diminish the same, as occasion i6 m r : :■;.! 2\2 I i AppliCHtlons lor lici'iiM's, Iiovv made. CITY OF HALIFAX, Th [part II. Liccnso top. TnMe of fares, Carriages and Ivimc.'* to be a;)|irov(>(1 by comiiiitteo. Hicks, when on Lairips. may require, ihey may assign one for each carrlafro to ocrupy in tlic day time, when not employed, and may cuuse the number of each carriage to be ]):unted or fixed in some conspicuous part or parts thereof, which siiall corrcspcmd with tlie number of its stand, and together with the owner's nuine, be registered in a book to be kept at the police office for that purpose, 4. All applications for such licenses shall be made in writing to the connnittce of hacks and trucks for the time being, and no such application shall be received but from the bond Jidc owner of the horse or horses, carriages and harness to be used ; nor unless the applicant shall be recommended by at least three respectable householders, and shall execute a bond to the city with two sufficient securities, in the sum ot two hundred dt>llars, for the faithful performance of his duty, and for the safe conveyance of property placed in his charge. 5. The fee or sum of one dollar and fifty cents shall be paid to the city for each license obtained under this ordinance. The clerk of license shall furnish the person obtaining such license with a copy of the tabic of fares and distances, to be produced to any })erson employing the said carriage who may demand an inspection thereof. G. The carriages employed, the horses used with them, their fitting up and harness, shall be subject to the inspection and approval of the committee ; and the mayor and any two aidermen members of the conmiittee aforesaid, 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 decline to obey their orders in respect to the harness, fittings, or conditions of any such carriage. 7. All carriages so licensed, while not actually engaged in conveying persons, shall, from six o'clock in the morning until sunset every day, between the first day of jNIay and last day of September (Sundays excepted), and from eight o'clock in the morning until sunset every day, between tiie first day of October and the last day of April (Sundays excepted), be on their respective stands ready for employment. 8. Every hackney carriage when driven or used in the night time, shall have fixed upon some conspicuous part of the outside thereof, two lighted lamps, with plain glass fronts and sides and having the number of the license of such hackney carrianje in fijjjures of at least one and a half inches in size (arabic numerals), painted with black paint upon the sides and front of each lamp, so as to be at all times conspicuous, — under penalty upon the owner of not less than one dollar nor more than two dollars for each omission or breach of this rule. it ORDINANCES.] HACKNEY CATlRlAfiES. 24.S !l. The licenses shall commence on the firnt day of ^ fay Licenses yoariy. !uul continue in force lor one year only ; and all licenses from time to time jjfranted nhall expire and become void on the first day of May in each year, hut may be renewed upon payment of the fee of one dollar and fifty cents; and the mayor and Rovocabi.'. any two aldermen of the couunittee may, at i;^ table shall be charged and paid, and no other or greater rate, fare or sum, shall be exacted under any pretence whatever. The rates of fare shall be subject to such revision and alter- ation, regard being had to time and dis*'\ncc, as the city council may from time to time think requisite, and — by u resolution of at least two-thirds thereof — establish. 11. Any person who shall take uj) a stand on any street, i'™aityf';r Jane or alley, square or wliarf, or yard m the city with, ordnving, &c. keep, or drive any carriage for conveying persons for hire therein, in, through or upon the streets, lanes, or alleys of the said city, without being first licensed thereto, or having been licensed, shall keep in the streets, lanes, or alleys of the said city, or drive, use, or employ, any carriage for the purpose aforesaid, after the license shall have exj)ired, or have been suspended, or revoked, and not renewed, shall be liable to a penalty of four dollars for every ofFence ; and the carriage of every ret^pective passenger shall be deemed and adjudged a sejiarate offence and punished accordingly. 12. Any person bavin": a license in full force, who shall i'f".»i''<^''„^'' stand his carriage m any other than its appointed place or manner, or not have it properly numbered, or any driver or person in charge of a licensed carriage who shall not produce the table of fares and distances when thereto re- quired, or who being upon his stand disengaged shall refuse to convey any person seeking to employ him, or who shall in any way violate this ordinance, shall for each offence, beside beinrj liable to have his license revoked, forfeit and pay such fine as under and by virtue of this ordinance may be adjudged against him. And the owner or driver of any such carriage who shall demand or extort from any person or persons a sum beyond the rate of fare herein established, or hereafter to be established, may be so fined, and shall forth- with forfeit the license for such carriage and be liable to refund to the party grieved the sum so extorted with costs of prosecution. Livery stable keepers, not occupying the stands Livery staUes. «■ 244 CITY OF HALIFAX. [part II. IVnaltles. ('nrrltt dutlDe ttce iid. of sftid city shnll be liable, in every respect, to this ordinnncc, except as to going on the Htantls. 13. All persons whether owners or drivers of carringog who offend against this ordinance, shall, on conviction in the police court, be subject to a fine not exceeding twenty dollars and costs, and in default of payment to in)])risonnicnt in the gaol or city prison for a term not to exceed thirty days. 14. The word * carriage,' wherever it occurs in this ordinance is to be understood, and shall be taken to mean every description of coach, chaise, waggon, cab, gig, cart, sleigh, or other vehicle or conveyance, either upon wheels or runners, close, covered or open, ut, table of faro , &e. Drivers to wear badges. Drivers at stands. Fast driving forbidden. liacKS ppc ;k8. 21. The owners of all horses, carriages ai .larneb iio hold licenses from the City of Halifax, shall, when o dered by the committee of the city council on hacks and iicks, repair to and be at such place, at such day and such hour, for the inspection of the said horses, carriages and harness as the said committee may name, appoint and designate, the said order to be in writing or printed, and signed by the ^p^ip ORDINANCES.] HACKNEY CAUIIIAGES. 245 clmirinan of tlic committee, nnd served upon tlic snid licensed owners at least two days before such inspection ; and any person who holds such license, and nei^lecfa to obey the order 80 served upon him (without sufficient excuse) shall be liable to forfeit the license so held from the city, and be subject to a fine not to exceed twenty dollars, to be recovered in the name of the city before the stipendiary magistrate or other officer presiding at the police office, and on non-payment thereof to be imprisoned in the city prison for a period not to exceed ninety days. 22. Every licensed cabman or keeper of hackney carriages within the City of Halifax, whether upon his stand or at his residence or place of business, on being appliect to at any time between the hours of seven o'clock in the evening and twelveo'clock at night, from the thirty-first day of October until the first day of March, and between the hours of nine o'clock in the evening and twelve o'clock at nij^ht from the first dnv of March to the thirty-first day of October, in each year shall, without delay, place himseU or his driver, and horse or horses, cab or carriages, at the disposal of the party so applying, and shall forwith proceed to such |)lace within the limits of the city, as directed : and no licensed cabman or keeper of hackney carriages shall charge for any night service a greater sum than once and a half the amount of fare to which he would be entitled for like services in the day time. No licensed cabman or keeper of hackney carriages shall charge to any passenger, for himself and his baggage, more than is allowed by the table of fares annexed to this ordinance. 23. Any licensed cabman or keeper of hackney carriages who shall violate the above sections shall be liable to forfeit his license, and also be liable to forfeit and pay a fine not to exceed four dollars, to be recovered before the stipendiary magistrate or officer presiding at the police office, and on non- payment of the fine imposed shall be sent to the city prison for a period not to exceed thirty days 24. Any licensed cabman or keeper of hackney carriages within the City of Halifax who engages to be at any place within the limits of the city at a particular or given hour or specified time, whether by day or by night, who shall not be punctual to the time of his engagement, upon conviction of said neglect, shall be liable to forfeit his license, and be liable to a fine not to exceed four dollars, to be recovered before the stipei ^iary magistrate or officer presiding at the police office, and < non-payment of the fine imposed shall be sent to the city son for a term not to exceed thirty days. I'enalty Ilacko to bo at stHrvico of (ublic at night. Charffes for night services. Penalty for violating sec- tions 21 and 2l>. I'pnalty for hackmau broaking engagement. 246 Ordinanco not to iifl'cct lugal routed ius. Farcn and I'ornw. Iti'poal. CITY OF HALIFAX. [part II. 25. Nothing in this ordinance contained is to deprive any party aggrieved from proceeding upon his legal remedy against any cabman or keeper of hackney carriages. 2G. The table of distances and fares, and the forms of license and bond shall be as in the schedule to this ordi- nance. 27. The ordinance relative to carriages approaching and leaving Temperance Hall, passed on the ninth day of July, 18(54, and so much of any other existing ordinance or regulation as is inconsistent with this ordinance are repealed. SCIIEDULT-:. Table of Distances and Fares fbr Ilachnei) Carriarjes. 1 Distances. r From the Grand Parade, North to Jacob Street or Commercial Wharf \ mile. South end of Maynard Street or Cunard's Wharf. . ^ do North end Park Street or West's Wharf f do Institute for Deaf and Dumb or Dockyard Gate. . . .1 do Wellington Ba'Tacks (East or AVest front) li do Railway Depot, llichaiond 2 do From the Grand Parade, South to Stevens' Wharf, the Corner of Morris and Pleasant Streets, or the Ilink ^ do Fresh Water Bridge, Blind Asylum or the Convent, f do Laidlaw's AVharf, Corner of Inglis Street and Tower Road or the Poors' Asylum 1 do Steele's Pond, the Bowery Road or Studley ........ 1:^ do Franklin Street, Albro's or Belmont 1^ do Fort Ogilvie or the Penitentiary 1^ do Point Pleasant < 2 do From the Grand Parade, West to Park Street (West of the Citadel) h do Camp Hill Cemetery or St. Andrew's Cross % do Louisburcf Street 1 do McCuUough Road, Oxford Street or Leahyville li do Horse Phoe Island ' 2 do North West Arm Bridge 24 do ;.r w li, [rART II. 0RPI^A^X'ES.] HACKNEY CARRIAGES. 217 )pnvc any 1 remedy forms of this ordi- ihing and of July, inance or ! repealed. arriarjes. . ^ mile . 4 do . f do .1 do M do « .V do tit . ^ do do 21' .1 do .1:1 do ,.li do .U do .2 do . -V do do .1 do .u do o do Ol do JFares. For each person for any distance up to half mile. .15 cts. do do do one mile 2') do do do do one mile and half. .30 do do do do two miles 40 do do do do two and half miles. 45 do do do do three miles 50 do And all other distances in like proportion. One-half the above rates to be paid if returning in the same carriage. For all cabs or carriages hired by the hour, the charge shall be — For a one horse carriage per hour 75c. For a two do do $1.00 And in like proportion for every fraction of an hour. To or from any steamer or passenger vessel, to or from any hotel or dwelling house, to any stage office, railway station, or other place within one mile, with half a cwt. lu^rcfat^e 30c. Over one mile and not exceed'ng two miles 50 As above, with more than half cwt., and not exceeding two cwt. of luggage, within one mile 50 cents, over one mile and not exceeding two miles 75 cents. And in like proportion for all other distances or additional lucq.aije. Children under one year old to be free ; over one year and under twelve, to pay half fore. For employment in the night the fare shall be as parties may agree, not however, to exceed one fare and a half. Form of License. City of Halifax, SS. Ilalifox, N. S.,- ■18- Liccnse is hereby granted to (until the first day of May, 18 ) to drive a hackney carriage , as per mar- gin, in the City of Haliflix, he complying Avith the laws of the Province and with the ordinances and regulations of the City Council, made or to be made, relative thereto. No. ^layor. Alderman. Alderman. I ? 248 CITY OF HALIFAX. [part II. Form of Hackney Carriage Bond. Know all men by these presents, that we, of the City of Halifax, hackney carnage proprietor, and and of the same place, are held and firmly bound unto the City of Halifax in the sum of Two hundred dollars, lawful money of Canada, for which payment well and truly to be made, we bind ourselves and each of us and any two of us, and the heirs, executors and administrators of us, and of each and of any two of us, jointly and severally, by these presents, sealed with our seals, dated the day of in the yeay of our Lord one thousand eight hundred and The condition of this obligation is, that if the above bounden shall well and faithfully perform his duty, and safely convey all property placed in his charge as pro- prietor of the licensed hackney carriajje. Number and shall abide by, perform and fulfil the by-laws of this City re- specting hackney en triages in all things while he shall hold a license for the same, and pay to the City all fines that may be lawfully imposed on him by virtue of such by-laws, then the above obligation to be null and void, otherwise to remain in full force. Signed, sealed and delivered, in presence of L. S. L. S. L. S. XXXI. Trucks. Truckmen to ubtiiiu licunscs, Bondd. 1. No person sliall drive any truck, cart, sled or carriage, for the transportation of goods, wares and merchandize, or other things whatsoever, within the City of Halifax, for hire or wages, unless he shall be licensed as a truckman, under penalty of four dollars for each offence ; and no person shall be entitled to receive a licence who shall not produce a written recommendation, signed by parties willing to be his sureties. Licences shall be granted on application to the com- mittee of the city council on hacks and trucks ; such licenses to stand in force until the first day of May then ensuing. 2. On the grantii;g such license, the person obtaining the same shall execute a bond to the City of Halifax, himself in the sum of eighty dollars, and two good sureties, each in the sum of forty dollars, conditioned for his orderly driving, and the security and safe conveyance of such articles as he may mm^m^ ORDINANCES.] TRUCKS. 249 Duration of lionds. be required to transport, and also for the strict and due observance of this ordinance, such bond to be prepared by the clerk of license. 3. Such bond shall be drawn to stand in force one year. 4. The sum of two dollars and fifty cents for license for License fees, the first horse, two dollars and fifty cents for the second horse, and one dollar for each additional horse, shall be paid annu- ally. Licenses shall expire on the first day of May in each year. 5. Every box-cart used by a licensed truckman shall be ^°» permitted to drive a truck, cart or sled, for hire ; and the licensed holder of every truck, cart or sled, shall be answer- Licensee uabie able and accountable for the good conduct and behavior of*"'^'""*^^'"' such driver as he may employ, and of the observance of all the regulations made or to be made relative to truckme" • and any driver of such cart, truck, or sled, who may be gu drunkenness, shall be dismissed by order of the police > and also forfeit and pay the sum of one dollar, and the license of such truck, cart or sled, shall be suspended or forfeited by f!!!''' 250 CITY OF HALIFAX. [part II. Fast driving iorbiddou. Truckmen tn perform i)iiblic duty. Absonce from ijtaiid. IIor.«o.« not be left or lud iu street. Horsps not to bo drink at hydrants, &c. Jn otiso of for- IWtpd or s\is- peuded license. Built) on sleighs. DriTcr to keep to lt!lt. To pans nnotlipr vcliiclo to riglU. Trucks, &c., loadini' or uuluaoing. Rates for truckage. the police court, according to the nature of the offence of such driver. 11. No licensed truckman or driver shall drive his horse faster than a slow or easy trot, in or through any part of tiic citv. 12. No truckman shall refuse or neglect immediately to obey any call for any public duty, to be made on him by the mayor or any one of the aldermen, or marshal or police con- stable ; and his license shall be suspended for such time as tiie mayor shall think proper for such offence. 13. If any licensed truckman shall neglect to occupy his stand, or cease to truck for the space of one month, he shall be considered as havincr resi^rned his stand, and sluill not be entitled thereto, unless prevented by sickness or other un- avoidable accident ; but may apply for and obtain a new stand. 14. No truckman shall leave his horse and cart, truck or sled, without a driver, or shall feed his horse ('except fi-om a nose bag) in any of the public streets, lanes or squares of this city. 15. No truckman shall water his horse at any of the public pumps, or wells or hydrants of the city, under a penalty of one dollar for each offence. 16. No truckman, whose license sh-dl have been taken away or suspended, sliall drive a y cart, truck, or sled, within the city for hire, without obtaining permission or a new license therefor. 17. Every licensed truckman shall have affixed to the harness used for the purpose of drawing his sled or sleigh at least four good open bells, or six round bells, such as are cotamonly used on sleighs. 18. Every truckman, in driving his cart or sled, shall leave the centre of the street on his. right hand side. 19. When the driver of any cart, truck or sled attempts to pass another cart, truck or sled, or any carriage having its head in the same direction, such driver shall take care to pass on the right hand of such cart, truck, sled, or carriage, which is about to pass. 20. Whenever an\ ^art, truck or sled shall at any time stop, whether loading c. unloading, on any of the streets of the city, the eanic shall not be placed nearer to the centre of the street than cij;hteen inches. 21. The following shall be the table of rates and prices of truckage payable to, or to be demanded by the truckmen of the City -of Halifax for their services, subject, however, to be altered from time to time by resolution of the city council. ORDINANCES.] TRUCKS. 251 Rate per Load with Cart, Tnich or Sled. A quarter of a mile 15 cents. Half mile 20 do Three-quarters of a mile ~o do One mile , . IK) do One mile and a quarter 35 do One mile and a half 45 do One mile and three-quarters 50 do Two miles 60 do Every additional quarter of a mile over two miles. 8 do One-half of these charges to be added to the rate for the followinij articles, viz : — wood, coal, lumber, bricks, building stone and sand, potatoes and other vegetables. In reniovinc; the furniture of a house the rate shall be settled by agreement of the parties ; if not so settled, fifty cents a load per half mile. For trucking to Islesvillc from any part of the city South of the Queen's Wharf, of a load of coal or other articles above eniuncratcd, sixty cunts; from any point between (Queen's and Cunard's wharves, fifty cents ; and from any point North of Cunard's, forty cents. For trucking from llichmond Depot to any part of Smith's Fields, South of South Street, of a load of coal or other articles above named, one dollar ; to any point between South and Jacob Streets, seventy-five cents, and to any point North of Jacol) Street, fifty cents. Tlie party employing a truckman can in any case, if he prefer, pay for the distance according to the above scale. 22. The following shall be the table of distances, subject to be amended at any time by resolution of the city council : Table of Distances. South to North, from Stevens' AVharf to — Strachan's Wharf rf mile. ilarket do ji do O'Connor's do 4 do Cunard's do 1 do Rhind's do 1 i do Dockyard lane or gate \h do Hospital gate If do Powder Magazine, or Fast front Wellington Barracks. 2 do Taggart's, Kichmond 2^ do Railway depot 2^ do 1^ ' i; ■ Si' f m '**, 5 i 1 '* ■111' i H[iB>4 ^'m1 ^ H mmi « 252 CITY OF HALIFAX. [PART II- Marslmltown 25 miles .'i do Railway crossing ? J do Ashley 3^ do 3^ do 4 do Railway crossing, 2nd 4J do Thrcc-niile House, or Steele's Bridge 4^ do East to West, from "Water Street up Jacob, Buckingham, Duke, George, Sackville, and Salter Streets, to — Argyle Street, and to a line in continuation of Argyle Street, South | mile. Park Street ^ do Centre of Conunon f do St. Andrew's Cross 1 do McCulIough Road li do H do li do 2 do Horse-shoe Island 2i do North-west Arm Bridge 2i^ do 2| do Downs' Cottage 3 do Geyser's Road 4 do Steele's Bridge, or Three-mile House (so called) . .4^ do South to North from the Market Square or the Province Building to — Jacob Street J mile. Army Ball-court i do Cunard Street ^ do Deaf and Dumb School 1 do C. H. M. Black's IJ do Wellington Barracks, or Islesville 1^ do Fort Needham 1^ do Lady Hammond Road Crossing 2 J do City Prison 2^ do From Market Square, or Province Building, to — Corner of Queen Street and Spring Garden Road. . . i mile. Fyke's Bridge 5 ^^o Corner of Morris and South Park Streets 1 do Convent and Public Gardens 1 do City Hospital li do Collins' Gate U Jo ORDINANCES.] TRUCKS. 253 The Bower. 13 mile. Belmont 2 do The Penitentiary 2 J do Chain Battery 2^ do Point Pleasant 2 J do Kichmond Depot 2 do MeColongh Road and Oxford Street 1 J do Horse Shoe Island 2 do From Government House to Dockyard 1^ do ♦' Province Building to " 1 do " '* *♦ King's Corner U <^o *« *« " N.W. CornerofCommon.il do The city council may, by resolution, at any time amend the foregoing table, by altering the same or adding thereto ; and all distances not expressly settled by the table shall be computed according to the true measurement of the distances travelled. Uii 23. The amount which shall be considered a full or regu- ^^^* ^"^^J^'^]"' lar load for a horse and truck, sled or cart, shall be fixed agreeably to the following table, viz. : 1 hhd. Bugiy ; 1 pun. rum or molasses ; 1 pipe wine, brandy, gin, oil; pitch, tar, rosin, beef, pork, fish, &c., 5 bbls. » each ; sugar, 5 bbls. ; flour, 6 bbls. ; bread, 7 bbls. ; 1 hhd. dry fish or 10 quintals ; hay or straw, 10 cwt., if in bundles ; wood, ^ cord ; coal, ^ chaldron ; bags coifce, 10 cwt. ; bricks, ^ M. ; lime, 2 hhds. ; sand, 12 bushels ; stone, i ton ; iron, J ton ; lumber, i^ M. ; shingles, 5 M. ; clap-boards, 1^ M. ; grain, wheat, 20 bushels ; barley, 25 bushels ; oats, 30 bushels ; potatoes and other vegetables, 20 bushels ; salt, 2^ hhds. ; fish, loose, 10 quintals ; leather or hides, i ton ; cables, 10 cwt. ; loose articles, 10 cwt. In removing the furniture of a house the rate shall be settled by agreement of the parties ; if not so settled, fifty cents a load per half mile. 24. If any licensed truckman shall ask, demand or re-rpna'^yj"!:''''''- ceive from any person any greater rates of fare than is allowed aik)\v( a uy and prescribed by the table aforesaid, or may hereafter be ** '°' allowed and prescribed, he shall forfeit and pay a sum not less than one dollar nor over four dollars. 25 . All persons disobeying or violating the 7th , 8th , 11th , fXg ^Sain°' 12th, 14th, Kith, 17th 18th, 19th and 20th sections of this sections. ordinance, shall pay a fine of two dollars for each offence. 26. The licensed truckman or his driver in charge of his Truckmrn u> truck, cart or sled, shall be bound to load or unload, or to load, assist in so doing, on all occasions when employed, as far as such truckman or driver is capable. CITY OF HALIFAX. [part II. V' I IV'iiiilty. iriieknicn (iir- 2t. Kvci'v liccnscJ tnickman sliiill be ftirnu-licd by the nUhcii with ^ ^ n ^• -.i • p ^i • t i -n ■, copies of onii- clcrK ot Jicciisc witli copics ot tlus onlinjvneo, and with cards imnce, c, contiunin (L. S.) in presence of ) (^' '^•) (L. S.) XXXII. Management of Horses and Vehicles in Streets. 1. No person shall drive any carriage or vehicle within the streets, lanes or squares of the city, in a furious or disor- derly manner, or at full speed or gallop, but moderately and careful. 2. No person shall ride on any horse, mare or gelding, at full speed, or gallop in any of the streets, lanes or squares of the citv. 3. No sleigh, sled, or other carriage upon runners, shall he driven within any part of the city, unless there be attached to the harness of each horse or animal drawing the same, two large open bells, or four large round bells. 4. Carriages shall be so driven as to leave the centre of the road on the driver's right hand side. 5. No vehicle shall stop or stand nearer than eighteen inches to the centre of the street. 6. Carriages driven at night through the streets shall have Lanterns, each two lighted lanterns. 7. No truck, cab or carriage shall stop, or take up a position, on any of the crossings of the city, so as to obstruct the use of the same to foot passengers. Furious driving forbidden. Kidiu<;. SlPipflis. &c., to havu bolld. Driver to tako loft side of road. Vohiclos, where to stop. Stoppinj? on crosiiings. I 111 I I i 256 CITY OF HALIFAX. [part it. ClpanlnR vchU cl«8 in Ktreet. RpRnlfttloni as to riirrlBKeH at Katlicriiigs uf ronalties. Application of urdinance. 8. No carringc, cab, truck, or other vehicle what8oevcr» shall be cleansed or washed on any street, lane, square or thoroufrhfare. 9. No carriage or vehicle, public or private, shall stop or t«ake up a position, in any street, lane or square, directly opposite to or in front of any building or place — opening upon such street, lane or square — in which persons are about to congregate or have congregated for purposes of devotion, public or private business, information, amusement or recrea- tion. Every such carriage shall stop and take up a position, and, when required or called for, shall approach to take up persons, in such place and manner and under such regulations as the Committee on Hacks and Trucks may, with the approval of the City Council, presc;ibe, or, for want of such regulations, in such place and manner as may be prescribed by the persons having for the time being control of such building or place, or by the police on duty there. 10. Any person otFending against these regulations shall be subject to a penalty of not less than one dollar, nor more than four dollars, together with costs of prosecution ; and on default of payment may be committed to jail for a term not exceeding thirty days, or until payment is made. 11. This ordinance shall apply to all vehicles, whether public or private, and 7 whomsoever owned. XXIII. Common. ,1 t Common, by wliom govern- ed. Only citizens to place cattle on Common, num- ber limited. Commissioner* may allow greater number. Cattle rogiiter- ed. 1. The Common of Halifax shall be under the control of the Commissioners of Halifax Common for the time being. 2. No persons, except inhabitants in the City of Halifax, shall be allowed to place cows, oxen or sheep, on the com- mon, to depasture thereon ; and no inhabitant shall place thereon more than one cow or ox, or three sheep, at any one time, except as hereinafter provided. 3. The Commissioners of Halifax Common, shall have authority to permit an additional number of cows, oxen or sheep, belonging to inhabitants, to depasture on the common, on such terms as they may deem judicious and beneficial, and on payment in advance by the owner of any sum not to exceed two dollars per annum for any such cow, or ox, or any three sheep. 4. Every cow, ox, or sheep that shall be permitted to depasture on the common shall, before being placed thereon, be registered by the owner thereof, and in hie name, in a book ORDINANCES.] COMMON. 257 to be kept for tliat purpose by the superintendent of the com- mon, who shall file a copy thereof at the police office. 5. All persons authorized to place cows oxen or sheep Cattu> marked, on the common, shall cause every such cow or ox to be designa- ted by a metal. or leather collar on the neck thereof, with the owner's name on the said collar, and each sheep to be desig- nated and distinctly marked with the initials of the owner's name on some conspicuous part of the said sheep. 6. Every cow, ox or sheep found at large, or depasturing P'^naify- on said common, without being first registered and designated by a collar or mark, as hereinbefore required, shall be inipounded, and released only on the payment of a sum not exceeding two dollara and costs, to be paid at the police office. 7. No horses, pigs or cattle of any description, except Certain cnttio such as hereinbefore provided for, shall be allowed to depas- common, turc on said common; and all horses, asses, mules, andi'onaity. swine, goats and geese, or cattle found at large thereon, shall be impounded, and not released without the payment at the police office of a sum not exceeding two dollars for each one , so impounded. 8. Any person depositing broken glass, rubbish, the car- various offoncos cases of dead animals, manure, offiil, dirt, ashes, earth, stone or filthy substances of any description, on said common, ex- cept by permission in writing, and in places appointed by the committee, — or removing earth, soil, stones, peat, mould or sods, on or from the said common, or erecting any building, booth, tent, shed, posts or pickets, unless by permission in writing from the commissioners of said common, shall be dfsemed guilty of a trespass, and shall forfeit and paj^a penalty not exceeding ten dollars for each offence, and on non-payment tliereof shall be committed to the city prison for a period not exceeding thirty days ; and all manure and compost heaps found on said common sfiall be forfeited, and the said com- missioners may apply the same to the use of the common. 9. Any person prostrating, destroying, defacing or injur- ivnaitics for in.* P -^ ^ / • U-l 1 ' 4. jurus to com- ing any fences, enclosures, reservoirs, bridges, drains, trees, mon. shrubs or plantations on said common, or injuring the ponds therein, or taking from them ice or water, without permission of the commissioners, shall forfeit and pay a fine not exceed- ing eight dollars for each offence, and on non-payuicnt thereof shall be imprisoned in the city prison for a period not exceed- ing thirty days. 10. Any person who shall wash clothing, bedding, orr<^naUyfor articles of any description, upon any part of the common, ccmmon. except in the places appointed by the commissioners, shall forfeit a sum not exceeding one dollar for each offence, to be paid at the police office ; and the superintendent shall, and is *7 P 1^:1 258 CITY OF HALIFAX. [part II. hereby authorized to seize and detain any such clothing or other articles lying or being upon said common, and to retain the same until the person to whom they shall belong, or the person washing the same, shall pay at the said office the said fine and all costs incurred, after which he shall release and deliver them up. swiniiiiiDg, Ac. 11. Any person who shall enter the waters, or any reser- voir on said common, for the purpose of washing, swimming or bathing, shall forfeit and pay a fine not exceeding two dollars for each offence, or in default thereof be confined to the city prison for a period not exceeding forty-eight hours. 12. All persons crossing the common with carts, car- riages, or other conveyances, except on the roads of said common, shall forfeit and pay a fine not exceeding two dollars for each offence. 13. During the winter season, that is to say, from the first day of November to the first day of May, in every year, all depasturing of cattle, cows, oxen or sheep upon the common is forbidden. 14. Every cow, ox or sheep found on the common in the winter season, or at any other time, in breach of this ordi- nance, may be impounded by any city constable or ofiScer, and shall not be released without the payment by the owner of a sum of not less than fifty cents and not exceeding one dollar fine (together with the value of any actual damage done to trees, fences or improvements) for each animal so impounded ; the amount of the fine to be fixed by the officer presiding in the police court. 15. If any cow, ox or sheep shall be found unlawfully depasturing on the common, the owner thereof shall be liable to a fine of not less than fifty cents, nor more than one dollar, the same to be sued for and recovered in the police office in the name of the city, before the stipendiary magistrate or other officer presiding. Drivinpf on cuiuinou. No cftttle In wiiitur. Impounding. Penalty XXXIV. Chimneys. Ss'tTbe^K'^ 1. The mayor is authorized to appoint and license from »ed. time to time, suitable persons to be sweepers of chimneys for the city, each of whom shall pay the annual sum of eight dollars for his license. Provisions as to liceusei. 2. Such conditions and terms may be prescribed in grant- ing these licenses, and security required for compliance ORDINANCES.] CHIMNEYS. 259 therewith, as from time to time may be directed by the mayor. 3. Tiic rates for svveepinj; shall be as they are stated in"n'7/"beaa the table ot rates annexed, sulyect however to be altered from time to time by the city council. 4. Any licensed sweeper who shall neglect or refuse to rpimity for re- swcep a chimney after proper request, shall be liable to a fine """ ""^'''P' of not less than one dollar and not more than four dollars. 5. Any licensed sweep who shall demand or exact any I'pti.a'ty f"" i*''- higher rate than is prescribed herein, shall be liable to a fine""^ ' ''" '''"'^ ^ of one dollar. 6. No inhabitant of the city shall employ any person •'j'J'a'^ty ♦°^p"»- (except servants in the house) to sweep a chimney, other ncuuBud 8we»:p. than a licensed sweep, under a penalty, not exceeding two dollars, upon the person employed. 7. If any chimney, stove-pipe or flue within the city, shall '*™^.l!^t chTii> take or be set on fire, the occupant of the house to which it ncy taUs lire. appertains shall forfeit and pay the sum of two dollars, unless it appear that the chimney or flue has been duly swept within sixty days before the fire occurs, — or, in case of a stove-pipe, that proper care had been taken to prevent the occurrence, and that it was an inevitable accident. In case of monthly or weekly tenants, the owner or his agent shall be liable. 8. Any offender failing to pay any fine imposed under imni'isorimont this ordinance respecting chimneys, together with costs of payment. prosecution, forthwith, may be committed to the gaol or city prison for a term not exceeding ten days, or until such fine and costs be paid. 9. Every licensed sweep shall keep a book, and enter »ook to be kept therein from time to time the names of the persons whose ^ chimneys he has swept, with that of the street, and the num- ber of the house and the date of sweeping. 10. Every licensed sweep shall furnish his apprentices, ^^^^^^3*4^*^° or other boys in his employment, with sufficient brushes, scrapers and bags, and whatever may be necessary for the proper sweeping of chimneys and removal of the soot. 11. Every licensed sweep shall have an office or place, sweep's omce. with a sign inscribed " Sweep's Office " placed in front of the eame. 12. Every apprentice or boy employed by a licensed ■*pp't"*i*'** *° sweep shall constantly wear a badge, visibly exposed, with the name of the party employing him. 13. In case any chimney, flue, or stove-pipe take fireifciumney . . V . • J. J A 'x L u J. \. 1 • 1 catch flro with- withm sixty days atter it has been swept by a licensed sweep, in eo days after if it shall appear that such fire caught to it in consequence of «w<*P'"fi- insufficient sweeping, the fine of two dollars shall be imposed on the licensed sweep. m\ 11- ' , '■ : 1 \ , i ■ • 260 CITY OF HALIFAX. [part II. Poaities on 14. Any omission or neglect on the part of a licensed sweeps. sweep to keep a prop .- register of chimneys swept by him, or to furnieh his apprentices and boys with implements and badges, shall subject him to a fine not exceeding one dollar for each offence, and the costs of prosecution. Hoys not to 15. Hereafter it shall not be lawful to employ boys to 11 MS. ' enter and climb chimneys within the City of Halifax for the purpose of sweeping such chimnej's ; but persons who are licensed to sweep chimneys shall use such machines as are constructed for the purpose of chimney-sweeping, and as are used in other comnuunities, and as shall be approved by the mayor. PGtiaitvfor 16. Any person '.vho shall hereafter employ boye to climb ciiimneyB. and swce^ chimneys, within the City of Halifax, shall forfeit and pay lor the use of the city a sum not to exceed four dollars for each violation of this ordinance^i to be recovered in the name of city at the police court of said city, before the stipendiary magistrate or other officer presiding. Scale of char- 27, Xhe pcrsons licensed under this ordinance shall be entitled to charge and receive the following prices, viz. : For a flue one storey high. 15 cents. For a flue two storeys high 20 do For a flue three storeys high 30 do For a flue four storeys high . . , 80 do For every additional storey 05 do and no more. oiiimneyshow Ig. Where practicable, the chimney shall be swept from the top. Where it may be necessary to sweep the flue from below, proper precautions shall be taken to prevent injury to the premises from soot. XXXV. Bumboats. liuraboats to bo 1. No persou sliall hereafter usc any bumboat or flat for itfcimuy.' ""^"^"^the transportation, carriage or con\eyance of any article for hirt or for sale, or for the conveyance of pe.'sons as passen- gers, for hire or wagf^s, within the city or harbor of Halifax, unless he shall be licenced for the purpose, under a penalty of not less than fourteen dollars nor more than twenty dollars for each offence ; and no person shall bo entitled to receive a license who chall not produce a written testimonial of good character, with the names of parties willing to be his sureties. License shall be ^ran'icd on application to the mayor or pre- ORDINANCES.] BUMBOATS. 261 siding alderman ; and at the time of granting a license, the mayor or presiding alderman shall designate where, or at what part of the city the party who receives such license shall occupy or keep his boat. 2. On the granting of such license the person obtaining Bonds given, the same shall execute a bond of the City of Halifax, himself in the sum of eighty dollars, and two sureties in the sum of eighty dollars each, conditioned for his orderly conduct, and the security and safe conveyance of such articles as may be entrusted to him, and also for the strict and due observance of this ordinance. 3. The sum of four dollars for each license shall be paid J?°** ""{^ •'"'"a- 1 ,1 ■ 1 1 tiou of liceuse. annually, and no one license shall entitle any person to keep more than one boat ; and every license granted under this ordinance shall expire on the first day of June in each year. 4. Every person licensed to keep a boat shall have painted ^^ "V"' *°- °^ on the outside of the bow, on each side of the boat, his name and the number of his boat, the letters to be two inches in size, and the bo".t should bear a flag with his number in its bows. 5. No person under the use of sixteen years shall be per- I'prsons under 11 1 111 "^ 11 ^ 10 not to bo nutted to help, or be employed about, or attached to any employed. licensed boat ; and the license holder of such boat shall be answerable and accountable for the good conduct and correct behavior of persons employed by him, and for the observance of all the regulations made, or to be made respecting bumboats. Every person employed in or about a licensed boat who shall be Good conduct guilty of disorderly conduct or drunkenness shall be dismissed by the mayor or officer presiding at the police court, and be liable co a fine of not less than one dollar, nor more than four dollars, for each offence ; and the license of such boat shall be suspended or forfeited, according to the nature of the offence. 6. Any licensed person having a boat (not being actually |[*^'j^j^J*y,j^°^°°* engaged or employed) within the ■ ty f Halifax, who shalbtqueated. neglect or refuse to convey an. 'es » passengers when requested, shall, for each offence, forf.;it and pay a sum of not less than two dollars, and not more than six dollars. 7. Any license-holder who shall, with his boat and crew, ''''"?'*>' for "o* neglect or refuse immediately to obry any call for public duty public duty, to be made on him by the mayor or any one of the aldermen of the city, shall forfeit and pay a sum not more than six dollars, or not less than two dollars ; and his license shall bo suspended for such time as the mayor or presiding officer shall think fit or propel . 8. If any license-holder shall, for the space of one month, A'.boiicp from • , 1 • 1 PI I>l«c'^ior mouth. neglect to keen a boat or occupy the place m such part of the 'ii-k '!' 262 CITY OF HALIFAX. [part n. Penalty for acting without license. Hours of duty, y.c. Penaltips how recovpred and enibrced. Council to frame tariff. Tariff. city as the mayor or presiding alderman shall assign to him, he shall be considered as having resigned his license, and shall not be entitled to resume the occupation until a new license be obtained ; unless his absence be caused by sickness or other unavoidable accident. 9. If any person licensed under this ordinance, whose license shall have' been taken away or suspended, or if any person who does not hold a license, shall keep, or use for hire, for wages or recompense, a bumboat, or such boat as is con- templated by this ordinance, he shall forfeit and pay the sum of four dollars for each and every day that he so offends. 10. Whenever any person holding a license under this ordinance shall be called upon to convey or ferry any person to or from her Majesty's ships in the harbor, or to any other place within the harbor of Halifax, at any hour as hereinafter specified, he shall forthwith perform the duty ; and it shall be his duty to remam on the stand, and carry passengers, from the hour of six o'clock in the morning until the hour of twelve o'clock at night, and no longer. 11. Any person who shall violate any part of this or'^i- nance shall forfeit and pay to the city a fine not to exceed four dollars, (this fine, however, is not to be enforced against offenders where fines have been imposed as hereinbefore provided) ; and all fines mentioned in this ordinance shall be recovered at the police office, in the name of the City of Halifax, before the Stipendiary Magistrate or other officer presiding ; and if any of the fines recoverable by this ordinance be not paid by the person upon whom the same is imposed, he shall be liable to imprisonment, in the city prison, for a term not to exceed ninety days. 12. The city council shall frame such a tariff, or rate of fares, under this ordinance, as they may deem meet and proper, and shall have power to regulate and alter the same from time to time. For want of such tariff the rate of fares shall be as in the annexed table. Table of Fares. Passenger, shore to ship 12^ cents. Back , 12^ " With half an hour's delay if required. A barrel of goods of any description 20 *• For each additional barrel 10 " For a box, bag, package, or packages, or bbl. bulk. 15 " For each additional box, bag, package, packages of barrel bulk ". 8 " For other freight, not packed in barrels, to be computed as barrel bulk. mm ORDINANCES.] DOGS. 263 Bl ; iril ■if! XXXVI. Cogswell Prize for Rowing. 1. The city treasurer shall retain, and keep invested at interest under the direction of the mayor the sum of one hundred pounds of the former currency of Nova Scotia, offered by Charles Cogswell, Esq., M. D., formerly an alderman for Ward number One, to found an annual prize to be given to the champion in boat-rowing in Halifax harbor, on certain terms specified in his letter dated the fourth day of April, A. D., 1859, and agreed to by the city council. 2. The treasurer shall annually pay the sum of six pounds to the winne of the champion's belt which has been pre Med by the city. 3. This premium shall be publicly presented to the suc- cessful boat-rower by the lady of the mayor for the time being, or by some other lady of Halifax nominated by the mayor for the purpose, tcrother with the belt. 4. If in any year there shall be no competition for the belt, the sum of six pounds shall be paid by the treasurer to the said Charles Cogswell, or his lawful representative. 5. If it shall happen for three successive years that no bon. J' 3 competition for the champion's belt takes place, the fund of one hundred pounds, and all interest thereof in the hands of the treasurer, shtall be restored to the said Charles Cogswell, or to his lawful representivtives, executors, admin- Onc himdrpd pounds offtred bjr Dr. Cogs- well, invested. Six pounds paid yearly to win- ner of cham- pion's bolt. To be presented by iady of mayor, &c. In case of no competition. If no race for .3 years, money to be repaid. istrators or assigns. XXXYII. Dogs. 1. The owner or keeper of any dog within the City of^verv owner to Halifax, shall report in writing to the city clerk, at the police office, the name of such dog, in order that the same may be registered in a book to be kept for the purpose ; and here- after, whenever a person may become owner or keeper of any dog within the city, he shall report the fact in writing, as hereinbefore directed, in order to have the name of the owner or keeper, and the name of the dog registered ; and any person who shall neglect to comply with this section shall forfeit and pay to the city the sum of five dollars, to be recovered at the police office before the Stipendiary Magistrate or other officer 264 CITY OF HALIFAX. [part II. m Yearly dog-tax, DoM to have collars. presiding; and on non-payment of the fine, the party con- victed shall be imprisoned for ten days. 2. A tax of one dollar shall be annually paid for each dog within the city by the owner of keeper thereof, at the police office, on or before the first day of February, in each year ; and upon the owner or keeper neglecting or refusing to pay the tax herein imposed, he shall be prosecuted for the same, and it shall be recovered in a summary way at the police office, before the Stipendiary Magistrate or other officer ])re- siding ; and on non-payment the I'eof the par' y convicted shall be confined in the city prison for ten days. 4. The owner or keeper of a dog who has paid such tax shall affix thereon a collar, with the name of the owner or keeper and the registered number. ppnaity for 5. The owncr of a bull-do» shall not permit him to so at at large. large, unless sumciently muzzled to prevent his bitmg or doing mischief, under a penalty of two dollars. Danjiproupdogs 6. Every fierce, malicious or dangerous dog, shall be kept , c. jjm2zled and chained by the owner, and not permitted to go at large. The owner shall pay a penalty of two dollars if he violate this regulaiion, and the dog may be destroyed by order of the stipendiary magistrate, the mayor or any alderman. 7. On complaint made at the police court of any dog within the city thai disturbs the quiet of any person by bark- ing, howling, or in any other manner, — notice of the complaint shall be given to the O'vner or keeper by order of the Stipen- diary Magistrate, the mayor or any alderman. If the owncr or keeper do not remove the dog complaiiicd of from the city, and k'^ep it so removed, or destroy it, within one day after receiving the notice, he shall pay a penalty of two dollars a day until he remove or destroy the dog. 8. If any dog shall, unpi'ovoked, bite any person ; on complaint at th'j police office on oath, the ov/nei or keeper shall destroy the dog, or remove him from the city, and keep •him so removed, under penalty of four dollars. 9. If any person shall wantonly or maliciously throw any stone, stick, or any other hard substance at any dog, and lame or wound the dog, the offiimder shall be fined in a sum not less than one dollar and not exceeding four dollars. . * 10. All prosecutions under this ordinance shall be in the name of the City of Halifax . Noisy dogs. Biting dogs. runalty foi /uaiieiously iujurih? dog rroseciitiotist iu name of city. ORDINANCES.] CONFIRMING ORDINANCE. 26i XXXVIII. Confirming Ordinance. Be it ordained, by the Mayor and Aldermen of Halifax, in City Council Assembled, as follows : 1. The foregoing ordinances or by-laws, numbered from Forpjroinp orrii. One to Thirty-seven both included, shall hereafter be in force, torce.^ 2. All ordinances, by-laws, and regulations of the City of Repeal. Halifax inconsistent with the foregoing ordinances and by- laws, or which are substantially incorporated in the same are hereby repealed and annulled. 3. The provisions of Chapter 1 of the Revised Statutes, certain prori- Fourth Series, " Of the Promulgation and Construction oft'^Tn. s.*ta Statutes," when not inconsistent with any act or ordinance naSces? °^^^' relating to the City of Halifax, and when applicable, shall apply in the construction of the foregoing and all other ordinances and by-laAvs of such city. Bi^^vJi in r ■;l MISCELLANEOUS ENACTMENTS.. 1! li ! Illlii: i " 'filttMl!! ilh^'T'f* !l!l III ! 'II ■ ■; ■. : ib. - .1. . ffl'! • 1 w^ V PART III. MISCELLANEOUS ENACTMENTS. CERTAIN GENERAL ENACTMENTS OF THE LEGISLATURE OF NOVA SCOTIA. I. Prevention of Imposition in the Selling of Coal. (1 .) Hereafter any person who shall wilfully sell or dispose of any coal within this Province, under any name or designa- tion other than that of the mine or locality from whence the same may have been obtained, shall forfeit a penalty of forty dollars. (2.) Any shipmaster, or other person bringing coal to any port in this province, from any mine therein, shall exhibit on demand thereof, to any person desirous of purchasing coal, a certificate from the proprietor or shipping officer of the mine from whence such coal has been shipped, stating the name or locality, or other known designation of such coal, and the date of the shipment thereof, which certificate, tlie proprietor or shipping officer is hereby required to give to the shipmaster at the time of the shipment of such coal. (3.) Any proprietor or shipping officer refusing to give such certificate, or giving a false certificate, or any shipmaster or seller of coal, refusing to exhibit such certificate on demand or exhibiting a false certificate, shall respectively forfeit twenty dollars. (4.) Every such certificate shall, on the discharge of the cargo of coal to which it refers, be delivered up by the holder thereof to the collector of customs of the port, to be placed upon the files in his office. C. 18, 1863. Penalty for celling Ciial under falHC name. Master must exhibit certifi- cate fro-n f^hip- ping officer. Penalty for refusinft, to givn or exliibitinj,' false, certilicate. Certificate to b<' delivered to tlie collector of cus- tom?. 270 CITY or HALIFAX. [part in. n. Transfers of Indentures of Apprenticeship Certain Cases. IN Indcnturos, *c., iiiadi' in Unitod t-i Txvwm r,u:^-.rT' Ifr'B ■•• 't ! ih:\ -, . ; ■ :- -i i!-' nig Transfer of Ruarrlianiliipi Wliat (lycmm, and ellect of. 1.) Indcnti'"C8 of apprenticeship or transfers of minors Ki'nK.i'on^ bind! entered into the LJnited Kingdom, shall be in all respects nig here. binding in this province. (2.) An agreement entered into in writing by the parent or next of a kin of a minor, to assign all rights whatever over such minor, to a third person named in such agreement shall be considered a transfer of guardianship, and shall be binding, in the case of males until they attain the age of twenty-one years, and in the case of females until the age of twenty-one, unless sooner married. Managers of (3.^ In the casc of cliildrcn taken into charitable institu- otitutions.whentions, or " Rcfugcs " or *' Homes," over whom all rights of d'ia™-th"ir'^ guardianship are assigned by their guardians or relatives to powers as such, ^jjg committee or managers of such institutions, such mana- gers or representatives of committee shall be considered and recognized as the legal guardians of such children, and shall have power to transfer all rights of guardianship, to rccogjized agents ; and such persons so qualified as legal guardians or the agents of such persons, shall have full power to bind out any such child or children, and transfer all rights of guardian- ship to any person or persons, willing to receive such child or children, and contracting in writing to fulfil such obligations as may be required by law of a parent or guardian. (4.) The signatures of any such person giving over, and of such person taking over the guardianship of a child or children, to a document accepting this undertaking shall be proof in law of such agreement. (5.) It shall not be necessary that a separate document be [ttciudedlu one prepared in the case of each child so assigned ; but a document agreement. headed With the Contract of agreement, and bearing the signa- ture of each person accepting the guardianship of a child opposite the name of the child so bound over, shall be legal proof of such acceptance ; and the signature to such document of the person giving over the guardianship shall be legal proof of the transfer of guardianship. Certain powers (6.) lu the case of a child placed out in this Province as ciiiidpiaced out expressed in Section 3 of this Act, the agent of the committee under Section • gjjajj retain all powers of supervision and removal as reserved by him in the contract Oi transfer of guardianship. Agroemert of transfer, how proved. Several child- ren may bo **.! MISCELLANEOrs.] APPRENTICES. 271 (7.) Any person who shall take away or induce any child {Jc"n*'*?/a\diH'g to leave the employ of such guardian so appointed, or who ohiicf to if8v« shall, without the consent in writing of the appointed guardian and of the agent of the committee, take into his house or in any way harbor any minor bound over as provided in the third section of this Act, shall, upon conviction theroof before two justices, be fined the sura of forty dollars. (8.) The production of the document mentioned in the Ajirpomont fourth and fifth sections of this Act, duly signed as therein dianship. mentioned, shall beheld to be legal proof of guardianship. (9.) This Act shall apply only to children brought into^PP"«*"oaof this Province from abroad. C. 16, 1874. (1.) The provisions of Chapter 16 of the Acts of 1874, 5j^\^|°f^.f entitled, " An Act to provide for the Transfer of Indentures /• !• i_i 1. 11 Protestant chil- 01 Apprenticeship in certain cases, so tar as applicable, shall iireninoiphan-B extend to the orphan children of deceased Protestant parents "°™*'" received into and trained at the Protestant Orphans' Home, in the City of Halifax, incorporated in the year 1859. (2. ) Such Protestant Orphans' Home may hold real estate ^XHo bo iTJili not exceeding fifty thousand dollars in value. C. 8, 1875. ^y^o""". !i m .. ^.% IMAGE EVALUATION TEST TARGET (MT-3) k o /- i^ 1 d^. s v.. 1.0 I.I 11.25 laia 12.5 ||0 ■^1^ U 1 1,6 6" B ^^ r y '/ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 873-4503 m \ ^0*^ \\ <^. <^ L6> o^ CITY OF HALIFAX. fPART III. III. Chapter 31. An Act to amend Chapter 92 of the Revised Statues, <' Of Juries," so far as relates to the County of Halifax. (Passed the 6th day of May, a. d., 1875.) Section. 1. Sec 1 amended. 2. Persons convicted of crime, kc, not to bo placed on grand jury. 3. riaintiifto pay certain fees to Protho- notary at Halifax. 4. Certam moneys to be paid over by Trotlionotary at Halifax to the County Treasurer. 5. Amount to be paid to Prothonotary when filing rule for special jury. 6. Cost of special jury. 7. Holding of trials by special jury. SsOTioir. 8. No person residing more than fifteen miles from City of Halifax to he placed on jury list for County of Halifax. 9. Justices to amend jury lists in accord- ance with this Act. 10. Payment of petit jury fees . 11. Juryman not entitled to pay for any day on which he does not answer morning roll call &c. 12. Fines to be deducted from jury fees before payment is made. 13. Inconsistent law repeated. Sec. 1 amended. Persons con- victed of crimCi &c., not be placed on the );rand jury. I'laintifTto pay certai.i fees to Prothonotary at Halifax. Certain moneys to be paid over by Prothono- tary at Halifax to the County Treasurer. Be it enacted, by the Governor, Council and Assembly, as follows : 1. The words " hold a freehold estate in such county of the yearly value of one hundred and twenty dollars, or be possessed of a personal estate of the value of two thousand dollars" are omitted after the word ' Halifax' in the first section of the Chapter hereby amended, and the following words inserted iu their stead, "be the owner or occupier of real estate, if within the City of Halifax, of the value of three thousand dollars, if without the limits of such city, of the of the value two thousand dollars, or be possessed of personal estate of the value of four thousand dollars." The provisions of this section shall apply to grand jurors to be drawn for the year 1876, and following years. 2. No person shall be placed on the list of grand jurors who shall have been convicted of crime, or whose character is notoriously bad, or who shall keep a disreputable house. 3. Hereafter there shall be paid by the plaintiff to the Prothonotary at Halifax on the swearing of the jury in each and every cause the sum of nine dollars, and also one dollar for constable's fees for each day's attendance. 4. The fees mentioned in the foregoing section, together with all fees payable on the issue of writs of mesne process, mentioned on the fifteenth section of the chapter hereby amended to form a jury fund, and all fines shall be paid over by the Prothonotary at Halifax to the County Treasurer on the last days of March, June, September and December in ART 111. MISCELLANEOUS.] HALIFAX JURIES. 273 3S, "ax. (( Of than fiftt'Pn to bo placi'ii Halifax. t3 in accord- pay for any not answer ■om jury fee:! d. lembly, aa county of irs, or be thousand irst section itig words ier of real e of three ;y, of the >f personal i jurors to [and jurors laracter is louse, tiff to the [y in each )ne dollar I, together process, jr hereby paid over lasurer on member in each year, with a regular account thereof, without any deduc- tion, except a commission of five per cent. 5. The party at whose instance a special jury shall be Amount to bo granted for the trial of any cause or for the assessment of rhonot'ary when damages in the Supreme Court at Halifax, when filing the "^"?a' jury!"' rule therefor, shall deposit with the Prothonotary the sum of forty dollars. The jurors who shall have attended in obedi- ence to the summo^is served on them under such rule shall be paid one dollar for each day's attendance, and the jurors who shall have tried the cause shall be paid the further sum of two dollars each. If the sum deposited' be not enough to pay such fees, the party making the deposit shall be obliged to pay in the deficiency. 6. If the judge on the final taxation of costs, or the judge Co"*' of special before whom the cause was tried or the damages were assessed, shall certify that a special jury should not h?ve been moved for, the party who obtained the same shall bear all the costs incident thereto. 7. It shall be competent for the court or the presiding Hp'ding of . T ^ . • ^ 1^. r. 1*^ ^° trials by special judge to set aside such portion oi every regular or extra jury, sittings as they or he shall think fit. I r • '- hulcling of trials by special jury ; and any sittings of the cc .. ma) be extended for completing such trials. 8. No person residing more than fifteen miles from the Jing^mo're't'han City of Halifax shall be placed on any jury list for the County cuy toVeon of Halifax. jury list. 9. The justices appointed to revise jury lists in the County Justices to of Halifax shall, after the passing of this Act, amend the jury ustsln ^'accord- lists for such county in accordance with this Act, and when Ac^t! ^"'* ^*"* the same are completed, shall return the same to the Protho- notary. 10. Hereafter the County Treasurer shall pay no petit ^"yr*.""*'! jury fees to applicants, unless there be first produced to him a written or printed statement verified by the oath of each claimant in the form in the Schedule to this Act. 11. No juryman shall be entitled to any pay for any day ''^"'■^!""'' ""* on which he does not answer to the morning roll call, nor for for any aayou any day on which he shall fail to answer when called for duty not answer mrr- during the day ; and the Prothonotary shall not only carefully ^'c.'' *""" '^'"'' note down absentees on the morning call, but v>n every other call ; and he shall not certify fee? for any juryman for any day on which such juryman is found absent at any co-11, morning or otherwise, without the special leave of the presiding judge. 12. When parties claim for jury fees, all fines registered ?*"?» H *>« E. F. MISCELLA>'EOUS.] HALIFAX LUNATICS. 276 IV. Chapter 34. An Act to Amend Chapter 3(5 of the Revised Statues, •' Of Lunatics and the Custody and Estates of Lunatics," so far as regards the County of Halifax. iPasEcJ the 6th day of May, a. d. 1875.) Skc'tion. 1. Appointmont. of Jnsticps— toliavnpowpr \o ti'ko pnt8, &c. as to tlie jilaco of s 'tllf'inciit, Hiipport of such boyi. Indiiiitrial ScliDol to be oiMin to iiispoc- tiun. Comniitteo of School to edu- cate thu boya and toach tbcni trailus. Hoys escaping to DH ronianded to th(> school with further dett'iition: es- CH))iiiK aft-tin, to be committed to city pri.son. Il J '^ 280 CITY OF HALIFAX. [part III. n. FoK information respecting certain Canadian legislation, likely to be of interest to citizens of Halifax, attention is directed to the following table : Chapter. Year. Title, J^c. Page. 36 1869. An Act respecting the Criminal Law, and to repeal certain Enactments therein mentioned. 405 Schedule A to this Act shows the new criminal law, and Schedule B the repealed law. Several Acts respecting the criminal law have also been passed since 1869, most of which, together v\'ith the then existing law, are collected in a volume, printed for the Government of Canada in 1874. 42 47 48 37 54 28 55 r>6 128 129 32 37 45 7 16 53 1872. 1873. 1873. 1873. 1875. 1873. 1875. 1873. 1873. 1873. 1873. 1874. 1874. 1874. 1875. 1875. 1875. An An An An Act to provide for the appointment of a Harbour Master for the Port of Halifax. Act to amend the Act to provide for the appointment of a Harbour Master for the Port of Halifax. Act respecting Weights and Measures. Act to provide for the Inspection of Gas Meters. An Act to amend the Gas Inspection Act, 1873. An Act respecting Pilotage. An Act further to amend "The Pilotage Act, 1873." An Act respecting Wreck and Salvage. An Act respecting Deck Loads. An Act relating to Shipping and for the Registra- tion, Inspection and Classification thereof. Bound with Acts of 1874. An Act respecting the Shipping of Seamen. Bound with Acts of 1874. An Act to provide for the appointment of Port Wardens at certain Ports of the Dominion. An Act for the suppression of Voluntary and Extra-judicial Oaths. An Act to make better provision y extending to the whole Dominion of Canada, respecting the Inspection of cej tain Staple Articles of Cana- dian produce. An Act to amend and consolidate the Statute Law for the regulation of the Postal Service. An Act respecting Insolvency. Amended in 1876. An Act to amend " The Fisheries Act." 161 23 132 147 218 202 195 234 251 23 165 180 191 27 95 [part III, ly to be of ing table : )eal nal sral Ben ith ne. Pai/e. 405 a ihe ;he las 161 2S 132 147 3. 218 I." 195 234 251 •a- Df. :n. )rt id to tie a- te e. 3 23 165 180 191 27 95 !l SI APPENDIXES. m m I iliiii' ' ' .f I !' i I 212 s I 1' t ( c tl tl V I: F F F( F( F( Fc Fo Fo ow in dut diiv APPENDIX A. Rules and Regulations for the Government of the Port of Halifax, in Nova Scotia, and of the Office of IIaudor Master for the said Port. 1. It shull be the duty of the Harbor Master of the ""'•^"r JJrt-tor saul port in person, or by deputy duly authorized, to go on «'t m-s, i- mriv. board of every ship or vessel of the hurthen of fifty tons ic^s!"' ^"""* (registered tonnage) and upwards, \vhieh shall arrive within the Port of Halifax, within twelv^ hours after the arrival of sueh ship or ve3sel, to sec that she is moored only in such a manner or position as shall be assigned to her by the following regulations. And it shall be lawful for such Harbor Master to ask, demand and receive, as a compensation for his services, (vessels belonging to or employed by Her Majesty and the jy,|*'*',v^!|',,''pi^y.^*''" Government of the Dominion of Canada excepted), according '"*^"' ""''^"'• to the following scale, and under the restrictions meniioned in the Act 35 Vict. (1872), Cap. 42, entitled, "An Act tr pro- vide for the appointment of a Harbor Master for the Port of Halifax." Scale of Fees. For every ship of fifty tons register or under, fifty cents ; ^'^• For every ship over fifty tons and not over one hundred tons register, one dollar ; For every ship over one hundred tons and not over two hun- dred tons register, one dollar and fifty cents ; For every ship over two hundred tons and not over three hundred tons register, two dollars ; For every ship over three hundred tons and not over four hundred tons register, two dollars and fifty cents ; For every ship over four hundred tons and not over five hun- dred tons register, three dollars ; For every ship over five hundred tons and not over seven hundred tons register, four dollars ; For every ship over seven hundred tons register, five dollars. 2. In case of any dispute arising between masters. Persons in owners, or other persons engaged in hauling ships or vessels in dock, ptc, to in or out of any of the docks or wharves, it shall be the li'^jJo^Mastci'a duty of the Harbor Master, if called upon, to give such '^''■^*^^*°"^- directions in respect to the same as he may think fit ; and all 284 CITY OF HALIFAX. [appendix. Track for ferry Aiul mail etuamerg. masters, pilots, or other persons having the charge or com- mand of any ships or vessels, shall comply with the directions of the said Harbor Master or his deputy in these respects, under the . penalty of twenty dollars for each and every neglect or refusal so to do. vosspis danger. 3. If any ship or vessel arriving and anchoring, or ouB y moorc , ^^^^^ moored or fastened to any wharf or vessel in the said harbor, shall be so moored or placed as to be unsafe and dangerous to any other ship or vessel previously lying at Harbor Mustor auchor in the said Harbor, or moored or fastened as aforesaid, ations. ' the said harbor Master or his deputy is hereby authorized and required to forthwith order and direct the situation of such ship or vessel so arriving and anchored, moored or fas- tened as aforesaid, to be altered in such a manner as to pre- I'enaity. vent such insecurity and danger ; and the master, pilot or other person, having charge of such ship or vessel, shall comply with the orders and directions of the said Harbor Master or his deputy in this respect, under a penalty of twenty dollars for each and every offence. 4. It shall be the duty of the Harbor Master to see that a track be left open for the ferry steamers between the City and Dartmouth ; and also a space of two hundred fathoms easterly from the line of wharves (commencing at INIoren's Wharf and ending at West's) to be reserved as a passage for the Royal Mail steamers. voasoi^insidpof 5. No steamer entering or leaving Halifax Harbor (those to goliaif speed of Her Majesty and the Government of the Dominion of Canada excepted) shall, while inside of George's Island, pro- I'enaity. ^ced at more than half her usual speed, under a penalty of ^ forty dollars, to be paid by the owner, master or agent of the vessel violating this law. 6 Whenever it shall happen that any ship or vessel is short of hands, so that she cannot be moved when ordered under the provisions of this Bye-Law, it shall and may be lawful for the Harbor Master to employ a sufficient number of hands to effect such removal, and to remove or assist in removing such vessel as requircji or may be necessary, and that at the expense of such vessel. Coal?, ballast, T. All ships or vcssels loading or discharging in the Jl^^i/y^.""''' "''° stream, coal, ballast and such like materials, shall have a sufficient piece of canvas or tarpaulin so placed as to prevent aay portion thereof from falling into the harbor, under the Penalty. penalty of twenty dollars for each and every offence, to be paid by the owner, master or person in charge of such ship or vessel. Vpf :el8 short o'" hands. A.] HARBOR MASTER. 285 8. Whenever the Harbor Master shall find ships or Main jib or 1 . ,1 1 . , . ..1 ■, 1 . 1 »pankor booms vessels at the wharves with main jib or spanker booms rigged rigged out. out, so as to incommode other vessels, it shall be the duty of the said Harbor Master to direct such to be rigged in ; and, in the event of non-compliance, all accidents to the same shall be at the risk of the persons so offending. 9. No vessel shall be left without some person to take Ship-keopcr. care of her, by night and by day, when anchored in the stream. 10. All vessels lying at anchor in the harbor shall keep Riding-ughts. a clear and bright light burning, at least six feet from the uppermost deck, from sunset until sunrise. 11. No vessel lying in the stream shall have any tow-line, Purposn aione^ hawser, or other thing made fast to any wharf or to shore, to be made fast, except for the purpose of hauling in or out. 12. No boat or vessel which may come into any of the"a>»"'' st'^w. slips, or to any pier or wharf in the said city, laden or partly ' laden with hay or straw, shall have any fire on board the same, under the penalty of eight dollars, to be paid by therenaty. owner or master or other person having charge of such boat or vessel. 13. No ballast, stone, gravel, earth or rubbish oi any unloading of kind, shall be unladen, cast or emptied out of, or thrown tixe Harbor,' overboard, from any ship or vessel whatever in the Harbor of Halifax, or at the entrance thereof (except in places set apart for that purpose by the Harbor Master), under the penalty of ^^""^"y- eight dollars for each and every offence, to be paid by the owner, master or other person having the charge of any such ship or vessel. 14. No ballast, stone, gravel, earth or rubbish of any Baiiant. otc, kind shall be unladen, discharged, deposited, thrown or laid, beach. ^ either from any vessel, boat, scow or other such craft, or in any other manner, or by any person, from any part of the beach, or shore of the city, into any part of the harbor, or upon the beach and shore thereof, cither below low water mark, or between high and low water mark, under the penalty of forty dollars for each and every offence, to be paid by the ^'^^''y- owner or owners, master or person having charge of any vessel, boat or scow, or other craft from which such matter as afore- said shall have been discharged, or by any other persons or person violating this law. 15. No explosive material whatever, such as nitro-gly-Expiogivf cerine, or compounds of the same, or petroleum, shall be landed in the City of Halifax, without permission ; but they may be landed in such quantities as shall be stated in writing « by the Harbor Master. L>86 CITY OF HALIFAX. [appendix VoHsels arriving witlifiiinpowdor (III boura sliall unload sucli witliin 48 hours, ftiid bi'fore coniiiii! along- t>Uhi of any pier, etc. renalty. Gunpowder di.icliarged to bo securely covcrt'd during conveyance. renalty. VpHsels receiv- ing gunpowder to be in tlie atn^ara. Penalty. (junpowder to be i»ecurply Covered during conveyance to vessels. 16. If any sliip or vessel arriving and coming into the harbor of the said city (tliose belonging to or employed by Her Majesty, and the Government of the Dominion of Canada excepted) shall have any gunpowder on boai*d exceeding the quantity of twenty-five pounds, such gunpowder exceeding that quantity shall be unladen and discharged from such ship or vessel within forty-eight hours after her arrival, and before such ship or vessel shall be brought alongside of any pier or wharf of the said city, under the pain of forfeiture of such gunpowder, and under the penalty of forty dollars for each and every offence, to be paid by the owner or owners of such ship or vessel, or by the master or person having charge or command thereof; and whenever any gunpowder is dis- charged from any ship or vessel, in the said harbor, the same shall be conveyed by water, in a boat or boats, to some safe and secure place for the deposit of gunpowder without the Ihnits of the said city, during wliich conveyance such gun- powder shall be covered with a tarpaulin or other secure covering, under the penalty of twenty dollars for each and every offence, to be paid by the owner or owners of such gunpowder, or the person having charge or direction of such conveyance. 17. No gunpowder shall be taken or received on board of any ship or vessel bound to sea (those belonging to or employed by Her Majesty and the Government of the Domi- nion of Canada excepted) while such ship or vessel shall be and remain at any pier or wharf in the said city, and until such ship or vessel shall be cleared at the Custom House, and ready for sea, except with the knowledge and sanction of the Harbor Master ; in which case, aa soon as tlie gunpowder is on board, the vessel shall be removed to the stream, (wind and weather permitting) under the pain of forfeiture of such gunpowder ; and under the further penalty of forty dollars for each and every offence, to be paid by the owner or owners of any such ship or vessel into which such gunpowder may bo so refceived, contrary to the true and intent meaning hereof, or by the person having charge or command of such eliip or vessel ; and when it is intended to take or load any gunpow- der on board of any ship or vessel lying in the said harbour, the same shall be ccmveyed by water to such ship or vessel, during all which conveyance such gunpowder shall be covered in the manner hereinbefore mentioned, under the penalty of twenty dollars for each and every offence, to be paid by the owner or owners of such gunpowder or the person having charge or direction of such conveyance. A.] HARBOR MASTER. 287 18. All gunpowder forfeited under and by virtue of this j^lj^^'^^"^' ^^ ''".|;" law shall and may be seized by the Harbor Master or person Jur. deputed by him, and when seized shall be conveyed to, and deposited in some safe and secure place without the limits of the said city, and upon conviction of the oft'ender the said Harbor Master or his deputy shall and may, and he is hereby authorized and empowered within three days after such con- -viction, to sell such gunpowder at public auction, by sample in the said city ; and the proceeds of such sal after deducting tiie necessary costs and charges of prcsecution and sale, shall be paid by the said Harbor Master to the credit of the Recei- ver General of the Dominion of Canada. 19. The penalty for violation of, or not conforming to the '^fj'*',^^!, provisions of the law, and for disobeying the lawful orders or directions of the Harbor Master or his deputy, in respect to any provision on which no penalty is hereinbefore prescribed, shall be twenty dollars, to be imposed upon the owner or person in charge of the ship or vessel not conforming to the particular requirements. i'iiiii'il' 288 CITY OF HALIFAX. [appendix. APPENDIX B. EuLEs OF City Court. Civil Side. Writa issued 8 days before term , rarticnlars of d<rder, the proceed the order clefendant egular in evidence • amended ecting to iver show for non- sider the br papers, j-ty, must tr's notice lot verify \y requir- • evidence 111 for the tourt, and )t served, Ihall be at liberty to issue an alias writ or pluries writs ; and if service be made and judgment be obtained against the defendant, the costs of all previous writs shall be allowed against the defendant on taxation of costs. 14. The particulars of demand which the plaintiff shall Nature of file, shall be a statement shov/ing the balance due to him : it shall not be necessary in a long account for the plaintiff to furnish every item, but such particulars only as will convey to the defendant a clear knowledge of the claim foi which the action is brought. 15. The plaintifTs particulars shall "ive credits if there Part's to give , * * ° credits. be any. 16. Neither plaintiff nor defendant shall be at liberty to Party not to adopt the credit side of his adversary's particulars, without at ad'veraSry'g*' the same time admitting the adverse side of the account or*°*'°'*°*' claim. 17. The names of the bondsmen, on an appeal to the ^pppai bonds ~ ,^ . 1 • ^ 1 /-I- A when endorspd bupreme Court from any judgment ot tho City Court, must be endorsed on the affidavit for such appeal on or before the last day of the then sittings of the City Court, in order that the opinion of the court, as to their sufficiency, may be ascer- tained, as required by the thirteenth section of Chapter 87 of the Acts ot 18G5. 18. Where a plaintiff or defendant sues or appears by an Attorney's ad- attorney practising in the City of Halifax, it shall be sufficient brg^ven^n"*' ^ to subscribe the name of such attorney to the particulars, p'""^®^^'*'^' grounds of defence or other paper in a cause, without giving tiie address of such attorney. Criminal Side. 19. On criminal charges a written statement of theciiareefiipdz offence upon which it is intended to proceed against any tria?, &o!"' jused party, shall be filed with the city clerk or assistant city clerk at least two days before the trial, in order that the purty charged may prepare for his defence ; and the party charged may obtain a copy of the statement upon payment to the city olerk or assistant city clerk of a fee of twenty-five cents, and if such statement is not so filed, the party accused shall, if he claims the privilege, be entitled to an imparlance till the succeeding criminal term of the City Court. 20. The City Court for the trials of criminal offences Jerms^ofcity^^ shall be held on the first Wednesday and on the third Wednes- etc. day of each month, at eleven o'clock in the morning; and, if possible, shall sit from day to day and hear and determine all causes before it finally adjourns. Should the Wednesday come on a holiday, the court will meet the next day. 292 CITY OF HALIFAX. [appendix warranu when 21. Warrants of attachment shall issue from the City Criminal Court, when necessary, to arrest or enforce the attendance of parties before the court. When summons 22. Summonses may be used to require the attendance of may lasus, oto, .• i /» i i i i n i • i i parties before the court, where the court shall thmk them sufficient j but, if after a summons served upon a party and duly returned, he does not appear at the time appointed, the court, in its discretion, may issue a warrant to enforce atte:)dance. Subpoenas, etc, 23. Subpoenas shall be issued to require the attendance of witnesses before the City Criminal Court ; and if they neglect or refuse to attend, attachments may be ordered by the court to compel attendance. Miscellaneous Hides. Seal of Court. 24. The seal of the City Court, made of brass, having engraved on it the words •' Halifax, Fiat Justitia, City Court r^* and also a pair of scales, shall continue to be the seal of the said court, and be affixed to all process. Kept by Clerk. 25. The Seal of the court shall be kept by the city clerk. Barristers to ^Q- No professional man shall be allowed to address the weargowns.etc. gQuj.j. gxccpt in proper costume, either in the civil or the criminal side of the court. Formsof process 27. The forms of civil proctess shall be as follows, that is to say : City of Halifax, SS. 1. Summons. City Court. To the City Marshal or his Deputy. You are hereby commanded to summon of the City of Halifax, , to be and appear before the City Court, at the City Court House, in Halifax aforesaid, on the Wednesday of , at eleven o'clock in the forenoon, to answer to the suit of , in the sum of dollars and cents. Hereof fail not and make due return. Issued this day of — A. D., 18 — . -City Clerk. *•] CITY COURT. 2. a. Affidavit to obtain Capias. City of Halifax, SS- . of the City of Halifax, maketh oath and saith that is justly and truly indebted to in the sum of dollars, and cents, due for And that this deponent has good grounds for believing, and verily believes that the said is leaving the city, and that unless a Cap'.as be granted, the debt may be lost. Sworn to before me at Halifax, > this day of 18 — . > 293 h. Capias. City of Halifax, SS. City Court. To the City Marshal or his Dsputy. You are hereby commanded to take the body of — of the City of Halifax, , and him safely keep, so that you have him before the City Court on the — — Wednesday of to answer to the suit of in the sum of dollars and cents. Hereof fail not, and have you then andjthere this writ with your doings thereon. Issued this day of — — A. D. 18 — :. City Clerk. ( To be Endorsed.) By oath for the sum of dollars and . cents. To 3. Subpoena. ■ of the City of Halifax. You are personally to be and appear before the City Court, at the Court House in Halifax, on the day of next, at o'clock in the of the same day ; then and there to testify all and singular what you know in a certain cause now depending, and on that day to be tried between plaintiff, and defendant, on the part of the ; and this you are not to omit, on penalty of forty dollars. Dated at Halifax, this day of , A.D., 18 — r. By the Court. Citj Clerk. Wi 294 CITY OF HALIFAX. [appendix. City of Halifax, SS. 4. Execution City Court. To the City Marshal or his Deputy. Whereas judgment has been awarded by the City Court against of tlie City of Halifax, at the Levy for suit of , for the sum of dollars and Debt $ cents, and — dollai'S and — cents more for costs, Costs these are to command and require you to levy from oft' the goods and chatties of the said $ the said sums, making together — dollars and — JEx. cents, and for want thereof you are hereby com- manded to take the body of the said and commit to Her Majesty's gaol in the city afore- said, there to remain until he pay the sum above mentioned, with your fees, or that he be dis- charged by the said or otherwise by due course of law. Herein fail not, and make return of this writ, with your doings thereupon, on the Wed- nesday of . Issued this day of , A. D. 18 — . City Clerk. City of Halifax, SS. 5. Replevin. City Court. To the City Marshal or his Deputy. Ycu are hereby commanded to replevy to and chattels, that is to say which his goods unjustly, as is alleged, detains, and also to summon the said to be and appear in the City Court at the City Court House in Halifax aforesaid, on the Wednesday of at eleven o'clock in the forenoon, to answer to the suit of the said ■■ in the sum of . Hereof fail not and make due return. Issued this day of A. D. 18— City Clerk. Approved in open Court the 28th day of May, A. D., 1876. Thos. Rhind, City Clerk. / INDEX TITLES OE DIVISIONS, ORDINANCES, &C. Page, Aooounts, money, 4'0., various provisions respecting 47 Act to amend chapter 86 R. S., of lunatics, &o 275 Act to amend chapter 92 B. 8., of juries 272 Alarm, fire 137, 286 Aldermen and mayor, elections of 6 " '• " qualification of . . . 5 Amount and objects of assessment 64 Ancient lights 177 Apprentices in Industrial School 190 Apprenticeship, transfers of indentures of 270 Arms and seal, city 201 Assessment, manner and subjects of 56 " , objects and amount of 54 Assessors and inspector 54 Asylum for poor, erection of new 167 Auctioneers 157 Audit 46 Auditor 217 Board of city works 76 " of com'rs. of poor, constitution, ^o.,of 163 •' of com'rs. of schools 170 " of health 115 Bond of City Treasurer 216 Books, accounts, &c., provisions respect- ing 47 Buildings and lots, numbering of 287 " provisions as to 189 Bum-boata 260 Canadian statutes, table of 280 Carriages, hackney 241 Cattle, horses, swine, &c 230 Cemeteries, public 233 Cemetery 124 Certain legal proceedings 207 " petty oflfenoes 84, 207 " powers of council as to fires 126 " provisions as to city debts 49 Change of currency 194 Chapters of Revised Statutes, table of. . . . 276 Chimneys 258 City auditor 217 City Civil Court 24 City Council, certain powers of as to fires, 126 constitution of 8 Page. City Council, general provisions as to ) jg officers appointed by. . ) meetings and rules of. 202 meetings of 14 various powers and duties of 19 City Court, general provisions as to 82 rules of 288 criminal court 80 debts, certain provisions as to 49 engineer 79 medical officer 117 prison 42, 212 property , 109 railroad, Halifax 192 seal and arms * 201 slaughter-house 1 22 treasurer 45 treasurer's bond , 216 works, board of 76 Civil Court, City 2G Clerks of market 228 Clothing, infected.. 222 Coal, imposition in selling of prevented , . 269 Cogswell prize for rowing 263 Collection and recovery of taxes 70 Commercial travellers 240 Commissioners of poor, constitution, powers, &c. , of 163 Commissioners of schools, board of 170 powers and duties of. 178 Common 168, 256 Confirming ordinance 265 Constitution of City Council 3 Corporation 1 Council City, meetings of 14, 202 Countyof Halifax, act respecting juries in 272 law as to lunatics in ) 275 amended 3 Court, City Civil 24 Court, City Criminal 30 Court City, general provisions as to 82 rules of 288 Police, provisions respecting 82 Currency, change of. 194 Debts city, certain provisions as to 49 Diseases infectious, hospital for 124 Dogs 26r 298 INDEX. Paok. Duties and ponors of city council, Tarlous l|^ school com'rs 17'' powers, Jfo.f of b(l. of coin, of poor lf)>^ Elections of mayor and aldermen ^ Enactments omitted 19" Enpnc houses IS'^* Engineer, city 7-' Enginemen and firemen 18l Erection of new Poors' Asylum 107 Exhibitions, sliows, .Jc IM, 2.'}'l Fire alarm telegraph l!{7, 23'i Firemen and enginemen 1 iU Fires, certain powers of council as to. . . 120 mlHcellancouH provisions as to 132 Firewards 127 Fish market 223 General provisions respenting City Court 82 otficers appointed by council 15 Grammar School, Halifax 170 Green market 220 Gunpowder, transportation of 177 Hackney carriages 241 Hacks and trucks 150 Halifax City Railroad V.)2 County, act respecting juries in. 272 lunatics in 275 Grammar School 176 Industrial School 278 apprentices in . . 1 \iO Port and harbor master 283 signal station 1U5 Harbor master and port, rules for, &o. . . 283 track of steamers in 185 Health, Board of 116 Inspectors 119 Horses and vehicles, management of in streets 255 cattle, swine, Jfo 230 Hospital for infectious diseases 124 Imposition in selling of coal, prevention of 269 Indentures of apprenticeship, transfers of 270 Industrial School, Halifax 278 apprentices in 1 90 Infected clothing 222 Infectious diseases, hospital for 124 Inspection of provisions, &c 179 Inspector and assessors 54 Inspectors, Health 119 Intoxicating liquors, licenses for sale of.. 145 Junk and rag shops 158, 240 Juries in county of Halifax 272 Laws and ordinances 207 Legal proceedings, certain 207 various provisions as to 36 Licensed houses 238 Licenses for sale of intoxicating liquors. . 145 Lights, ancient 177 Literature, obscene 178 Loans, old 187 Lots and buildings, numbering of 237 Lunatics, law respecting in Halifax Co. . . 275 Magistrate, Stipenaiary 22 Management of horses and vehicles in st's 255 Paor. Manner and subjects of assessment 60 Manufactories 232 Market, clerks of 228 fish 223 green 220 meat 225 Mayor and aldermen, elections of. R qualification of . . . 5 Medical officer, city 117 Meetings and rules of City Council 202 of City Council 14 Misoellancous provisions as to fires 132 poor 106 taxation . . 73 Mode of collection and recovery of taxes. . 70 support of poor 170 Money, books, .Vc, provisions respecting 47 New Poors' Asylum, erection of 167 Not serving, penalties for 14 Numbering of buildings and lots 287 Objects and amount of assessment 64 Obscene literature 178 Offences, certain petty 84, 207 Officer, city medical 117 Officers appointed by Council, general provisions respecting 15 Old loans 187 Omitted enactments 195 Ordinance, confirming 265 Ordinances and Laws 207 Park at Point Pleasant 190 Pawnbrokers' shops 158, 240 Penalties for not serving 14 Petty offences, certain 34, 207 Point Pleasant Park .* 190 Police 88, 209 court, provisions respecting 82 Poll tax for schools 175 streets 190 Poor,"conBtitution, powers, ^c, of Com- missioners of 168 miscellaneous provisions as to 165 mode of support of 170 Poors' Asylum, erection of new 167 Port and harbor master, rules for 283 Powers and duties of City Council, various 19 school commissioners 173 Powers, duties, &o., of bd. of com. of Poor 163 of Council as to fires, certain. . . 126 Prevention of imposition in selling of coal 269 Prison, city 42, 212 Prize, Cogswell for rowing 263 ProG«Bdings, certain legal 207 legal, various provisions as to 36 Property, city 109 Provisions as to buildings 139 erection of new Poors* Asylum 167 certain, as to city debts 49 &o., inspection of 179 general, as to city court 32 officers appointed by Council.. 15 miscellaneouB, as to fires 132 poor 165 INDEX. 299 Page. Provisions, miscellaneoufi as to taxes .... 7B respecting police court 82 various, as to legal proceedings 86 money, books, &o 47 Public cemeteries 238 Qualifioation of mayor and aldermen. ... 6 Rag and junk shops 168,240 Railroad, Halifax City 102 Recorder 22 Recovery and collection of taxes 70 Regulations, various sanitary 120 Revised Statutes, table of certain chapters of 276 Rowing, Cogswell prize for 208 Rules and meetings of council 202 Rules for port and harbor master 283 of City Court 288 Sale of intoxicating liquors, licenses for. . 145 Sanitary regulations, various 120 School Com'rs., powers and duties of. . . . 173 Halifax grammar 1 76 Industrial 278 apprentices in liH) Schools, board of commissioners of 170 poll tax for 175 Seal and arms, city 201 Serving, penalties for not 14 Sewers 92, 221 Shops, rag and junk, SfO 158, 240 Shows and exhibitions 156, 230 Sidewalks 220 Signal station, Halifax 105 Slaughter-house, city 122 houses 229 Statutes Canadian, table of certain.. .. 280 Pa OB. Statutes Revisc • • 62-66 8 • • ^ • • • Of o 4 I • • • • ■ « 4 .... 4, 13 > • • • • » • 0| xo • • . • 6 • • • • • ■ Vf O • • > • o "....'*"' 8,12 , 127,128,130 13 • • ^ • • • • XO • • • • 18 • • • • ■ t> JI4 14 20 21, 28,38,40,41,207 . . .... ^L .... 88 .... 84 .... 86 > . . .... oo 89 > • • • • • • ot/| 4X • • • • 4 V • • « • •• 116 121 • • • • • • lo2 • • • • 160 • • • • • • AOv • • • • XJ* • • • • » • ^o • • • V 689 69 •• •••• i/i • • • • 26| 27y 81 • • • ■ • • vv 302 GENERAL INDEX. APPEALS from assessment water rates .... .... .... . . APPRAISEMENT of property taken for streets APPRENTICES in Industrial School ^ll\\^ rl 1. X uvy X •«•• •■•• •••• ■•■• ••■• ARRESTS how made ARRESTED PERSONS how to be dealt with ARMS of city .... .... .... .... ASSAULTS triable in Police Court ASSESSMENT, Inspector of, to be appointed moneys pledged for debts .... .... amount of authorized .... .... objects of ... , .... .... .... manner and subjects of ... . .... preferential claims for ... . .... on companies. .... .... .... when to be completed .... .... limitations of. .... ... of property in warehouse. . . .... notices of ... . .... .... .... appeals from .... .... .... collection and recovery of forms to be fixed by Council distraint for. . .... .... ... discount and per-centages, . .... may be compromised ... ..... .... death of owner of property after valuation . . CxFOrS iu*a*« •••« ■••« ■•»,■ of persons commencing busintss vendor in possession liable for. . . .... not invalidated for want of poll tax. . for Park .... authorized in Dominion currency for Association for Relief of Poor ... fur sewers .... .... .... water rates sanitary purposes fire purposes .... poor. . .... .... .... School purposes on ical estate .... ASSESSORS, duties defined . . , not disqualified by nonpayment of rates. WIIIU ■•• •••■ •••• ■■•■ •••• refusing to act .... .... .... to be appointed. .... .... .... to attend court of appeal how paid .... .... .... .... powers of to amend . . .... .... qualifications of ... . .... .... definition of term ASSEMBLAGES disturbing , ASSISTANT clerk ward assessors ASSOCIATION for relief of poor, assessment for .... ATTORNEYS' COSTS AUCTIONEERS' LICENSES AUDITORS to be appointed , refusing office ... .... .... .... AUDITOR CITY, to be appointed and his duties AXE FIRE COMPANY qualifietl to vote privileges of BAIL BOND form of BALLOT boxes for elections Pac*. 61-73 101 80 190 16,77 36,41 88, 84 200 32 16, 54-56, 67, 68 50 .... 54 54, 77, 79 ,... 56-65 .... 58, 72 59-65,74 60, 69 60 60 61,62 61-73 70 71 70, 71 71 71 73, 74 73 78 .... 78 75 .... 75 87 92-98 100 116 .. 129, 134,136 169 173-175 195 . . 55-58, 195, 196 .... 5 17 14, 55 54-56 .... 66 56 .... 68, 69 73 74 34, 35, 40 16, 34 .... 55 87 .... 28 157 .... 46 14 46,217 6-8 .... 131,132 29 GENERAL INDEX. 303 BALLOT description of to be used not to be given by Aldermen BANKRUPTCY to disqualify Mayor and Aldermen BATTERIES triable in Police Court ijAXiiilNtj* ••>• •••« •••• •••• •••• ••■• BAWDY house, power to enter ... .... BEEF, inspection of .... .... .... .... .... BEQGARS .... .... .... .... .... .... • BINDING OVER to keep peace BONFIRES prevented BOOKS OF ACCOUNT to be given up what to shew .... .... .... BOARD OF HEALTH officers fining members for neglect ... constituted .... .... .... .... to be a cuurt ... .... .... .... to control Inspector and Wardens may appoint committees . order building, &c., to be vacated.. BOARD OP CITY WORKS, authority and appointment of School Commissioners not eligible for. certain number of, to be re-elected . . removable . . .... .... chairman .... .... officers .... .... .... remuneration .... BOARDS to render accounts BONDS of treasurer. .... .... .... .... .... on appeal from City Court .... .... .... bail, form of .... .... .... .... .... to keep peace ... .... .... .... .... of City Marshal .... .... .... .... .... for loans. See Loans .... .... .... .... BREAKING WINDOWS BREAD, inspection of. . . .... .... .... .... BRICK SIDEWALKS. See Sidewalks BRIDEWELL. See Pison BROKEN STONE, purchase of BUILDING SOCIETIES how assessed BUILDINGS, materials for may be put on streets line for to be defined .... .... .... notice of intention to put up .... .... .... to be vacated on order of Council .... .... may be pulled down to stay fire ... .... .... ot stone exempt from fire taxation .... .... restriction on wooden ... .... .... .... Inspector of .... .... • . . ■ .... . i5Ui\iiJvJ A m .... .... .... .... .... .... BUSINESS, notice of intention to commence BYE-LAWS to be made by Council to be approved .... .... .... .... existing to remain in force .... .... .... currency in . .... .... - . . . .... as to streets .... .... .... .... .... water supply . .... .... .... provisions.. .... .... .... ...• nPv aiuriu .... .... .... .... . nres ••• .... .... ..*• .... . buildings .. .... .... .... .... exhibitions .... .... .... .... ■ hacks and trucks rag and junk shops 19, 36 39, I • • > • « Paqe. 9 9 5 83 208 85 179 82 84 86 48 49 15 18 115 116 116 118 118 121 76 76 76 77 77 77 77 49 46, 216 27,31 29 84 38 50-52 32 179 84 42 87 69 81 82 103, 144 121 128 129 139-141 148 260 73 42, 4V, 49 19 20 87 80 99, 100 116, 178 188 126 143 156 lo6, 157 1£8 304 GENERAL INDEX. • Pxar. BYE-LAWS Con^aion ■• • • • ■ • 158, 160 how ratified .... • •'• • • • •••■ 207 . See Ordinances. CANDIDATES, nomination of return of *■•• •••• 12 CASTING VOTE 10 CAUSES in which City is concerned • •■• •■•• 37 CATTLE going at large 230 CELLARS not to encroach on streets •••• •■•• 81, 85 CERTIORARI ., 83 CEMETERY regulations "....'""..124 -126, 283 KG6p6r 01 •••• •••• •■•• •■•• ■• 125 CHARGE iiOOK to be kept >••• ■•>• 81 CHAMPIONSHIP, race for 268 CHURCHES exempted from water rates .... • • • • • • ■ 101 , CHIMNEYS, dangerous 180 ! regulation of • •■• •••• 268 CITY incorporated Bcwl •••• •••• •••• •••• •■••' •■■• may hold property 1 1 200 • • ■ ■ ■ • • 1 lllUlwS #•■ ••>« ••■• •••• «••» •••■ •••• >••• I WATCiS «••• •••• •••• •••• •■>• •• • * • • ■ ft 1 Council, See Council. 1 roll .... .... .... .... .... .... • ••• •••• 4 Clerk , See Clerk; Treasurer, See Treasurer; and so with other City officials. Works. See Works. Property. See Property. CITY PRISON. See Prison • • • • • • 42, 212 CITY CIVIL COURT, jurisdiction defined 24, 26, 36, 37 , 147, 207 not exclusive • • • • • • 24 ■ causes in, how tried 24 depositions in • • • • « • 24 Recorder to preside in certain cases. . . 26 confessions in. 4^ • • • « • • 25 capias 25, 29 ; appeals from • • • • • • 26, 27 protected where no jurisdiction .... 28 i process in • « • • ■ • 28, 41 coats and fees in 28, 80, 32 when to be held • • ■ • • » 29 bail bond in 29 amendment in • • f <■ • ■ 29 1 to regulate practice 82 rules of .... 288 CITY CRIMINAL COURT, jurisdiction of 80, 31, 37 limitations • • • ■ • tt 80 want of form in convictions .... • ••« •••■ 80 alternative penalty • ■ • • « 80 fees in 30, 32 ; warrants in case of nt/n-appearance. • ■ • • • • 31 witnesses in 31 minors convicted in • • • • • 4 31 appeals from 81 • to regulate practice • • • • • • 82 powers of 82 Bontencing to City Prison • • • • • • 42 CITY STREET RAILWAY 192 CLERK, City, when elected • • • •' • • 16 Assistant •... •••• ...a .... IB or ijioense .. •••■ ••.• ••.• •• • • • ■ • • 16 01 streets .... •••• •••• »..• 16 to keep charge book • • ate* 84 power to issue capias 29 HfiWffTl GENERAL INDEX. CLERK to prepare affidavits render an account keep list of licenses .... .... .... CLERGYMEN not eligible for Mayor or Aldermen . . CLOCK Keeper of, to be appointed CLERK OF LICENSE. See Licenses. CLERKS OF MARKET CLOTHING, infected COAL, measurers of re^^ulations as to sale of . . .'. .... .... CONTAGIOUS DISEASES, liospital for . . . destroying infected clothing . CORPORATE bodies, how assessed COGSWELL PRIZE CONSTABLES. See Police. special and extra, how appointed . . COMPANIES, how assessed entitled to vote exemptions of certain . . .... .... CONGREGATIONS, disturbing , COMMITTEES to be appointed oy the Council to account to Council .... .... of Police • • • • powers of certain, transferred oi oircviB ■■•• •■•• •••• «■•■ COMMISSIONERS of Poor to file accounts requisitions from to be appointed. .... See Poor . . .... .... of Hospital and Poors' Asylum . . of Schools, not eligible to Board Works to be appointed . . See Schools of Common . . .... .... Water Supply, powers transferred powers and duties . COMMERCIAL TRAVELLERS COxMMITMENT of witnesses cf prisoners for trial COMMON, destroying trees on Commissioners of Loan for .... .... .... .... lcBS6eB 01 .... .... «... .... titles confirmed to remain open ... .... .... .... rights of troopa on.... •••• animals pasturing on ... .... .... rents of • • • • may be ornamented leased in part sold in part .... .... .... ordinance as to .... .... .... COMPENSATION. See Salaries. of Assessors of extra constables COMBUSTIBLE MATERIAL CONVICTIONS not invalid for want of form CONDUCTORS to houses CORONERS, appointment of COSTS in City Court COUNCIL, how constituted qualification of members right to determine eligibility ) • • • • • « • ■ • • > • • • • • • • • • • < • m • • • < • • • • I • • • ■ • I 805 Page. 84 47 147 5 16 16 228 222 16, 181 181, 269 124 222 59-74 263 39-42 59,74 6,7 75 34, 35, 40 19, 206 49 88 77 78 49 54 163 163 163 76 170 158 77 98 240 81 88 41 158 159 160 160 160 160 161 161 161 161 161, 162 256 66; 41 181) 80,87 8& 16 28 8 6 & 20 306 GENERAL INDEX. COUNCIL, meetings of xnembera of . . .... .... .... to prescribe duties of ofOcers .... ... to approve of security of officers .... to appoint officers ... .... . . . . to fix salaries .... .... .... regulate officers' employment fix certain penalties powers and duties .... to make bye-laws may expel a member .... jurisdiction of members exempt from juries to regulate Police may compensate extra constables. ... ... direct appointment of Treasurer's clerk not to borrow except in certain cases ... power of to assess. See Assessment .... may extend time for appeals to determine forms of assessment .... not to abate assessment may relieye from poll tax power of, to improve Streets to make bye-laws as to Streets Sewers may have wells dug to prevent encroachment on streets to have powers of surveyors of highways. . powers of as to sewers , water works nuisances... .... ... to regulate exhibitions .... backs and trucks rag and junk shops. . .... Common .... .... . . . , inspection of provisions . . . power of, to sell part of Common meetings and rules of .... to be Board of Health , a court for health purposes .... .... may borrow and assess for sanitary purposes. , order removal of buildings power of as to fires to appoint firemen .... .... .... authority of, as to Engine houses COURT OF APPEAL from Assessment ' " . . . . CORDWOOD, measurement of CRACKERS, sale of CROSSINGS ...• .... .... .... .... CURRENCY to be Canada currency change of . . .... .... ..... CURSING how punished DANGEROUS WEAPONS DEBTS not to be incurred by Council transferred to City property of City liable for authorized. See Loans. DEBENTURES, how issued may be re-issued .... .... . . . . forms of certain exempt from taxation See Loant. .. 1S>, • « ■ • t • • I I • ■ < • • ■ • • I Pack. 14 15,19 17 16, P, 21, fit ..18,21,46,65 18 18 1'.) 36, 30, 42, 47, 4'.) 20 20 21 • • ■ » OO 41 45 4'J 51 03 70 78 74 79, 80 80 81 .... ol 81 .... 8t> 92 07 08—100 142 156 156 158 158-162 178 161. 162 .... 202, 206 115 116 116 121 126, 127 131 135 .... 138 63—69 181 34 .... 84, 180 18, 37 194 86 208 49 49 50 60, 51 50,51 62 68 ■.«.VII» GENERAL INDEX. DAMAGE by sewerd .... DEBTORS, insolvent relieved .... relief refused in certfiin caaob ... .... DEFAULT, See City Civil Court. Ciiy Criminal Court. DEFAULTER not eliRible for Mayor or AlJcrman DEPUTY MARSHAL DESERTLNG seamen DESTROYLNO gas lamps and water plugs DIES NON DISORDERLY house, power to enter driving ... DLSTRAINT for taxes DISCOUNT on Assessment DISEASE. See Public Health Hospital for Infectious .... .... infected clothing . .... .... DISQUALIFICATION for office of Mayor or Alderman, by accepting office. . . .... bankruptcy . . .... DISTURBING congregations and assemblies .. . DISTURBANCE in streets DOGS, regulations as to. .... DRAINS. See Sewers DRIVING, disorderly regulations for .... .... DRUNKARDS, sale of liquors to where triable .... .... DUPLICATE RECKIPT EDUCATION. See Schools ELECTION of mayor and aldermen .... .... voters at, how qualified lists for. ... .... .... .... how conducted , .... .... notice of . . . . .... .... .... publication of result of presiding officer at .... .... for vacancy of officers .... .... .... offences at, triable in police court ELIGIBILITV for office of mayor and aldermen. . . . to be decided by Council .... of voters EN<3INE HOUSES ENGINE MEN and FIREMEN qualified to vote .... .... house to be erected from sale of let in charge, power of privileges of .... .... ENGINEER, city, may be appointed order fencing vacant lots duty of, as to sewers EPIDEMICS. See Public Health ESTATES, how assessed .... .... .... EVIDENCE in suits for taxes EXHIBITIONS EXPLOSIVE MATERIALS See Gunpowder EXPULSION of members of council EXTRA CONSTABLES, gee Conttahles FACTORIES restricted FEES of jailor and costs in city court 307 Page. 96 25 154 6 38 33, H 209 «7 86 36 70,71 71 115—124 124 222 6 5 6 84,85 f6 20, 2C3 92, 120 167 266 163, 155 82 47 5, 8, 12 5, 6, 74 7,10 8,9 8 12 12 18 16 82 ' 5 6 5, 6, 74 136 181 6.7 110 128 131, 132 79 85 96 115. 124 69, 72 71 156, 239 285 20 122, 232 26 28-32 308 GENERAL INDEX. FEES currency m "which payable payable to treasurer .... .... .... FENCE VIEWERS FENCING vacant lota FINE. See Penalty FIRE engines to be procured .... insurance companies, how assessed investigations as to cause of constables to be appointed fined .... .... .... protection from FIRE ARMS and fireworks carrying FIREMEN qualified to vote to be attended by medical officer See Enqinemen and Union P. Cotnpany FIRE DEPARTMENT, proceeds of sale of lot to go to, stovepipes, etc FIRE ALARM TELEGRAPH FIREWARDS refusing office appointed .... .... duties and powers of, . .... ..., removing stovepipes, etc .... FISH sale of restricted , market, north . . , , loan for ... , .... .... ... ordinance as to FISH OIL gaugers FORCIBLE ENTRY and detainer FORM absence of, not to vitiate of affidavit to appeal.... .... .... bond to appeal .... .... bail bond .... ... .... .... FORTUNE-TELLERS where liable GAMBLING punishable in police court .... place, punishment for keeping power to enter ... .... GAOLER'S fees GARDENS. See Common GAS LAMPS injuring . . . .... .... GAUGERS of fish oil GRAND JURY powers of GRAMMAR SCHOOL, Halifux GRAIN and salt measurers .... .... GREEN MARKET ordinance as to GUNPOWDER, keeping of restricted transportation of . . . .... . . . HABITUAL DRUNKARDS sale of liquor to HABEAS CORPUS HACKS and TRUCKS HALIFAX INDUSTRIAL SCHOOL GRAMMAR SCHOOL CITY RAILWAY SIGNAL STATION HANDBILLS * HARBOR under authority of city officers regulations for .... .... .... track of steamers in .... .... . . . HATCHES regulated JSAY, straw, &c., may be sold from carts ^neighing of ... .... .... .... . ••■• ••t« • • • • • • • • « * • • • • • Page. 37 47 16 86 126 65-74 128 16, 126 18 126 84-36 208 6 117 110 236 137, 286 15 16, 126 18 127—130 236 116 110 m 223 16 23, 26 30,37 27 27 81 82 82 86 85 25 158 209 16 195 176 16 226 132 177, 285 32 153, 155 I . • 33 156, 241 ...44. 190,278 176 192 195 208 25 283 185, 284 86 85 181 msm GENERAL INDEX. HEALTH, Board of. See Board of Health ..... Internal . . .... .... .... .... Inspector, how controlled appointed uUllcB •••• «••• •■■• •• pUDllO* ••• •••• •••• ■••• '•■• infected clothing .... .... .... HOLIDAYS HONORARY MEMBERS of Companies .... HORSES, injury to cattle, swine, 4c .... .... driving of HOSPITAL for Infectious diseases for Poor. See Poor AUiiim ••*• •••• •••• •••• •• ILLEGAL VOTING IMBECILE persons, how dealt with IMPOUNDING cattle INCORPORATION of city INDUSTRIAL SCHOOL INCORPORATED COMPANIES, how assessed INFECTED clothing INJURING pas lamps and water plugs .. INSANE persons INSOLVENCY to dit oualify Mayor and Aldermen INSOLVENT DEBTORS to be relieved not to be relieved in certain cases . . INSPECTION of Provisions INSPECTOR, health of elections refusing oiBcc .... .... of weights and measures .... .... assessment.... .... .... .... buildings .... .... INSURANCE COMPANIES, how assessed. INTERNAL HEALTH INTOXICATING LIQUORS. Sec Lu/«ors and L/cewse .. JAIL LIMITS not allowed in certain cases .... .... JAILER'S fees limited JOINT STOCK COMPANIES, how assessed JUDGE not eligible for Mayor or Alderman .. JURY, grand, powers of exemptions from. . . competent to try city causes' .... in County of Halifax JURISDICTION of City Court Stipendiary Magistrate City OflBcers .... .... .... City Council ... want of no ground for action .... ... of Police Court. See Police Court. .. .... JUSTICES OF THE PEACE, Mayor and Aldermen to be. . authority of limited .... .... to order arrests powers of Comm'rs. Water Supply not to hold licenses .... JUVENILE OFFENDERS KEEPER of City Building X OuuCl ■••• •••• •••• ■••• •■■• AlfliPKGtS • ••■• •••• >••• «••« •• v/lOCK •••• «••• •••• •••• ■••• LAMPS, &o. , injuring .... LARCENY, where triable 309 •■•• •••• I • • • • • • ■•■■ ••■• •••• •••« > • • • • • • • ■•• ••■•' • » « • • • • •••• •••• • • • • • • • Paqb. .... 15,116 77 79 115.118 ll'J, 120 115 2-22 87 7 84 280 255 124 168 .... 1G7, leo, 187, 188 10 .... .... 88 280 1 44,100,278 69—74 •■•■ •••« ^^^ •■•• •■• ^Wj 275 '""*...."" 25, 36 154 178,185 115 .... .... 5, 8, 10 14 1 z» 17, '54-66, 66-69 143 59-68, 74 77,78 • • • • • • • • • • • • • • • • • • • • • • • • • I • • « • I • • • • • • ■ • • • I as. • • • • • • • • • fc • • • • • I I ■ » • • • • 154 25 59-74 5 195 21 87 272 24, 26 22 26 ' 20 28 82 20 21 85 105 150 31,43 16 16 16 16 209 82 .310 GENERAL INDEX. LARCEN V, power of extra cnnstablcs as to .... LAW OFFICER not eligible for Mayor or Alderman. . LEASES of Common.. LEW UN KSS, wiiere punished . . . • LICENSE, Clerk of, to be appointed .... .... to pny over moneys .... . . . . powers of. for sale of liquoru, &o .... revocation of .... .... inspection of licensed houses .... . . . . kinds and forms of. . .... .... penalties for selling liquors without . . . . trial of parties for selling without .. . offences by licensed persons .... . . . • for exhibitions .... .... hackf. and trucks. ... .... . . . ■ auctioneers .... .... .... rag and junk shop''. . .... ordinance as to licensetl houses .... LIEN for sewerage rates LIFE INSURANCE COMPANIES how assessed LIGHTS ANCIENT LIGHTING CITY LIMITS of cily wards .... LIMITATION of actions in City Criminal Court. . . . Police Court .... under license law .... of assessment .... .... of prosecutions for selling light bread as to sale of luinbi'r LIQUORS. See License charges for, not recoverable .... sale of to forbidden per-ons. ... ... LISTS for elections LITERATURE obscene LOANS not to be made without authority .... debentures for .... .... . . . . authorized for overdrawn moneys unfunded debt .... . . . • streets .... .... Queen street .... Lock man street .... sewers .... .... . . • water supply. ... .... fish market .... ... market house . . • • slip .... . • • fire purposes. . . .... fire alarm .... ... common .... .... hospital and poor's asylum . . . survey and plan .... LOCKMAN STREET EXTENSION LOTTERIES prevented LUMBER measuremeLt of .... LUNATICS MANUFACTORIES restricted MARKET to be erected keepers of ... . .... • • . . • • • usti .... .... «••* .... meat >... •••• .... ... green .... .•• •••• •••• ...• .... •.. •#.• «..• .... .... , . . • • • • • • •• ... . • . • . . . .... . • . • .... • . • • . . . . • . • .... .... ... .... .... .... .... . . , .... • • • • ... .... .••• .... «... . . . .... . . • t ...» I . . . .... Paob 41 6 160 82 16 147 162 ... 145-168 14ti 147 148, 14!) 150 150-156 162-154 160 166 167 158 238 its 69 177 20 3 4,20 30 32,30 164 60 180 185 • • • • • • • • • • • • p • • • • « • • a • • • I • • • • • t • 152 153 7,10 178 7, 4'J 50,51 51 53 86, 189 87 88, 90 96, 97 106-109 111 112,114 113 134-136 137 169, 187 167, 169 189 88,89 35 182 275 122, 232 112, 114 16 ....••uo,m,|3 • • • • ^ 226 Pags 41 6 160 82 le 147 162 145-168 lltJ 147 148, 141) 150 150-155 152-154 16A 166 167 168 288 5-.) 177 20 3 4,20 30 32,30 154 60 180 186 152 153 7,10 178 7,49 50,61 51 63 86, 189 87 88,90 96,97 106-109 111 112, 114 113 134-136 137 169, 187 167, 169 189 88,89 35 182 276 122, 232 112, 114 16 111, 223 225 226 GENERAL INDEX. MARKET clerks of Blip •••• •••• •••• -.••• •••• t« house may be altered . . • • • • • • • • • • IGv •••• •••• •••• •• MARRIED WOMEN, property oi', how assessed liable for certain oflfences .... MAGISTRATE. See Stipendiary Magittrate See Justices of Peace .... .... MARSHAL, CITY, appointment of duties .... .... .... oath of office .... . • ■ . .... security by .... .... .... to direct service of process. ... .... MAYOR and Aldermen to form council present to continue .... .... • • • . . • . • oath of. ... .... .... .... .... . . to hold office until successor sworn in retiring to serve as alderman .... .... eligibility of to be decided by council disqualified by accepting office .... .... election of ... . .... .... ... .... voters for, how qualified .... .... . tenure of office .... .... .... .... eligible only for three years in succession ... absence vacating office provided for refusing office .... .... .... .... fiuiui y •••• *••■ ••■> ■••• «••• •■ to carry out reports of committees justice of peace.... .... .... .... TjOwcrB \jX •••• •••• •••• •••• •••• exempt from jury .... ..4. .... persons refuping to obey power to swear affidavits ckrrcsu ••«• •••• •••• •••• enter disorderly houses inspect police .... .... .... may swear special constables to be health warden authorize search for gunpowder .... powers as to licenses may issue warrant for^rent MEASURERS of wood and coal.. salt and grain .... .... .... . coal and salt .... .... . . . .' .... wood and lumber MEDICAL OFFICER to be appointed MEETINGS of Council. See Council disturbance at of Council, rules for ... . MINISTER not eligible for Mayor or Alderman MINISTERIAL Law Officer not eligible for Mayor or Alderman MINORS how sentenced property of, how assessed smoking in streets OCO xj2C6/Io6 •••• •••• ■••• •••• MONEYS, how paid , See Auditor .... .... ... .... MORTGAGES exempt from taxation PHliilX W AlOU •••• • • m •••• •••• •••• NOMINATION of Cand idates NON-RESIDENTS how notified of assessment NOTICE of elections 311 Paqi. 228 118 115 115 50 152 16.88 10,38 88 88 ' 41 8 4 4 4 4, 13 5 5, 13 5,12 5,6 18 18 20 14 18 19 20 .21, 25, 38-41 21 . . . 88 84 85 86 39 39-41 110 133 ... 146-148 207 16 16 181 181-185 1L7 14, 202-206 34, 40 202-206 . . . . 5 5 31,43 59 207 168 46 57 42 9 72 8 SP UENERAL INDEX. Paok. NOTICE of result of elections • • t • • • • • • ■ • • • • 12 asscflsment .... .... .... ■ • • • 1 t ■ * CI , on, 72 by persons commencing business. . NUMBERING builJings, &c . • • • . • • • • m • • • • 73 • • • • • • ■ • • • t • 287 OATHS of office by Mayor and Aldermen • t • • * • « • • • • • • • 4 voters ••• •••• •••• ■••• • • • • • • • • • • • • U City Marshal . • • • • ■ • • • • • • • • 1 88 Recorder • • • • • • • • 1 • • • 22 OBJECTS of assessment • ■ • • < • • ■ I • • •• 64 OBJECTION to ivasessment. See Atsctsmenl. . . • • • • • • • • a • • ■ OBSCENE language • • • • 1 ■ « • • • • • • • 85,41 literature • • • • « • ■ • • • • • • 178 OCTOBER elections • • • • • • • • • • . •• 6 OFFENCES triable in City Criminal Court .... • « • • « • • • 80 Police Court • • • • ■ • • • ■ . 82 OFFICE. See Officers • • • • • • • • • • • • of Alderman. Hco Alderman • • • ■ « • • • ■ ...» 8 Mayor. See Afayor • • « • • • • • • • 1 • oaths of ... . « • • • < • • • « • ■ ■ • • 4 exemption from. . . .... .... • • • • • * • • • • • • 15, 17 duration of . . .... ■ • • • « • • • « • • • • • 17 accepting without qualification .... • • • • • • • • 18 OFFICERS present, to continue not eligible for Mayor or Aldermen. • • • • • • • • • • • • i eligible for re-election • • • • • • • ■ . 18 becoming disqualified .... .... • • • a • • • • * • • t 18 general provisions os to ■ « • • I ■ • • • .... 15, 115 of Board of Health • • • • • • • • .... 16,115 to render accounts • • ■ • • • • • 47, 49 election of • • • • • • • ■ "....*i6,"40. 83, 115 duties of to bo defined by Council • ■ • • i • • • < 17 to give security • • • ■ • • • > • • • • 17 account • • • • • • • • 47, 48, 105 tenure of • • • • • • • • • • • • 17 additional ... .... .... ■ • • ■ • • • « • • • • • 17 salaries . .... • • • • • • • • 18 may be restricted in employments . . « • . • • • ■ • • • • • 18 refusing duty • • • • • • • • • • t • 18 to give up books « • ■ ■ « • • • « ■ • ■ • • 48 acting after dismissal • • • • • • • • 18 appointed by other than Council ■ • • • ■ • • • • 21 jurisdiction of • • • • • • • • ■ • • ■ 26 not to be afifected by repeal of Act, &o. • • • ■ • ■ • • ■ 60 of Board of Works, &c • • • • • • ■ • ■ • • • 77 health, obstructing « • • ■ • • • • • • ■ • • • 116 Medical. .... .... .... • • • • • • • • • • • • 117 absent from sickness • • t • ■ • • • i 117 OIL, gangers of . . . . . • • . .... .... • . • • ■ • • • • ■ ■ • 16 ORDINANCES • • • • * • * • ■ • • ■ • • 200 to be made by Council • • ■ • • • . • • • • . 19,36 approved • • ■ • > • * • • « * • • 19, 207 to remain in force • • • • • • ■ • • • • • 20 to be recorded • • • • • • ■ • • • • * « • 207 * as to city seal and arms .... « • • • • • • • • • • • 201 meetings and rules of council « • • • • • • • • • • • 202 certain legal proceedings. . . . • • ■ ■ • • • • • • • • 207 Laws and Ordinances .... • • • • • • • • • > ■ • 207 petty oflfences • • « • • • • • • • « • 207 illegal bathing • • • • • • • • • ■ • ■ 208 carrying dangerous weapons. • • • • • • • t • • • • • 20a placards • • • • • • • • « • • • 208 damaging gas lamps and wat er plugs. P • • • ■ • 9 209 poMce • • • • • • • • • ■ ' • 20O GENERAL INDEX. Paok. I'J , 63, 72 73 287 4 11 88 22 54 35,41 178 6 80 82 8 4 15,17 17 18 J 13 13 15, 115 16,115 47,49 6,83, 115 17 17 17, 48, 105 17 17 18 18 18 48 18 21 25 fiO 77 116 117 117 16 200 19,36 19, 207 20 207 201 202 207 207 207 208 208 208 209 209 • • • • ORDINANCES as to City Priaon. Treasurer 'a bond. Auditor .... Bt-3ets . sidewallcs . . . sowers . . .... waste of water infeoted clotliing. fish market., meat market green market clerks of market slaugliter houses .... horses, cattle, &o. manufactories cemeteries stove pipes. . fire alarm telegraph . . . numbering houses. . . . licensed houses exhibitions commercial travellers .... rag and junk shops hackney carriages trucks . management of horses, ^o. common .... .... chimneys bumboats .... Cogswell prize for rowing dogs .... confirming .... See Bye-laws OVERHOLDING PARTNERSHIP property, how assessed PAWNING goods for liquor PAYMENTS how to be made authorized .... PEACE binding to keep disturbing .... preserving .... See Police .... PENALTIES for refusing office disobeying presiding alderman . . . . illegal voting disqualified person accepting office refusing duty annexed to bye-laws prosecutions for may be in the alternative for petty offences breaking peace. . . . keeping gambling houte profknity .... raffling & lotteries ... discharging fire-arms bonfires .... how recovered appropriated currency in which payable .... for refusing to assist police aooount • •• ••»• vata •••• •'•■ a*a« •••• •••• •••• aaa* •••• •••• aaaa •••• • ••■ «••• ••• • % » t ••as • ••• aaas •••• •••• ••a* • aa« •••• •••• ■••• •••• • •• a»*. •••• •••• •»•• • ••• •••■ •••• •••• >••• •••• aaaa •••• •••« • • •*•• a*a^ aaak •••• • aaa aaa* •••• •••• •••! • •aa •••a aaa* aaa* ■■•a ••»• •••• •••• • a*a aaa« vsaa aaa* • a^ caaa aata aaaa aaaa aaaa aaaa taaa avai taaa aaaa aaaa % * 9 % aaaa aaaa • aaa aatk aata • ■a % n • % ataa aaaa aaaa aaaa aaa* aaaa aaaa aaa • % * * •••• •••• aaaa aaaa aaaa aaaa aaaa * • • • aaaa taa* aaaa aaaa aaaa aaaa aaaa * * % • aaaa aaaa taa* ■ ••a aaaa aaaa aaaa aaaa aaaa aaaa aaaa aaaa • % » m * 9 * » m 9 • 9 aaaa • ■•a aaaa aaaa aaaa aaag • aaa .aaa aaaa aaas • ••a aaaa aaa* aaaa aaaa aa«a •*•■ • aaa caa* aa«a • aaa aaaa aaaa aaa* aa«« • • m m aaaa a*«a aaa* aaaa caaa aaaa aaaa aaaa •••• aa*a aaaa aaaa aaaa •••• • *•• a«aa a*a« ••• •••• •••• m m • • aaai' ■••• iaaa aa«a aaaa aaaa aaaa aaaa aaaa •••• • aaa aa«a • • • * aaaa •••• aaaa aaaa aaaa •••• aa*a aa«a • aa a«a« aaaa aaaa aaaa • aaa aaaa aaaa • aaa aaaa aaaa • ••• •••a aaaa aaaa m • » m •••• aaaa • ••a aaaa aaaa aaaa • aa^ acaa aaaa aaaa aaaa aa*« • m * » aaaa • • 9 m aaaa •••• aaa* •••• • • m ••aa •••• •••• aaaa aaaa aaaa aaaa a«»« • aaa • m m % aaca *aa» m • • • • aaaa a«aa aaaa aa*a ■ aa« •••• a«aa aaaa aaaa ■ aa* aaaa aaaa aaaa • m m aa-a Caaa acaa •••• * m • * •••• a* aaaa aaaa aaaa a«aa • ••a aaaa aaaa aa«» •«•• aaaa taaa aa«a aaaa 313 Paoi. 212 216 817 Sl» 220 221 221 222 228 286 88B 880 880 282 288 286 286 287 288 280 240 240 241 248 26& 266 268 260 263 268 266 22,26 59 162 64 41,54 84 34,85 88,41 22 10, 14, 16 12 la IS- IS, 40, 46 19 19, 154 30 84 85 35 86 85 34,36 ... 86 ...36,87,83,164,207 .... 86,87,88,164 87 88,40 48 SI 314 GENERAL INDEX. PENALTIES for refusing to act as assessors on appeal. . . . enoumbering streets driving on sidewalks .... not fencing .... .... violating sewerage act .... offences as to water service obstructing health officers. . . . not having drain vacating property when ordered putting out offensive matter .... injuring fire apparatus .... having fire implements in possession having dangerous chimney, &c keeping combustible materials. . . . under building act .... obstructing inspector of buildings sale of intoxicating liquors disorderly driving auctioneers selling without license .... injuring common .... .... .... .... obstructing officer seizing light bread .... not allowing tare on sugar .... on coal and salt measurers for selling coal and salt without measurement, ^c on wood measurers minors smoking PERSONATION at elections PETITIONS for sewerage PERSONS liable for -ites F.:)RSONAL estate defined PERCENTAGE. See Jli'sessment , PETTY OFFENCES, certain PHYSICIAN. See Medical Officer PLACARDS .... .... .... .... .... PLANS of city, loan for water supply .... .... .... .... POINT PLEASANT PARK authority to assess for incorporation of directors. . . . AT vXilV^Xi •••• •••■ •••• •••• •••• ■••• to be controlled by Stipendiary Magistrate .... office when open .... .... .... .... to arrest certain offenders .... refusing to assist .... .... .... to be controlled by City Council to obey City Marshal age of policemen .... .... .... .... inspection of. .. .... .... .... special and extra may be appointed night watch .... .... .... .... to be attended by City Medical Officer .... powers of as to licenses light bread ordinance respecting POLICE COURT may impose alternative penalty .... sentencing minors hours of. ... .... .... .... jurisdiction of . . , 32-38, 42, 85, 116 proceeding in .... limitations of prosecutions in process in, how served See Stipendiary Ja'agistraP. POLLS, opening and closing .. IriJijli lists ••■• •••• •••• «••• •••• 119. 145, Paob. 67 81 88 86 96 99 1.6,11!) 120 121 121 127 180 180 180, 134, 177 143 144 146-163 157 167 160 180 181 181 181 182, 185 208 12 92-97 66 67 71 34,207 170 208 189 102 78 190-192 29-38 28 82 33,35 33, 40 38 88 88 39 39-41 42 117 147 180 209 30 81,43 32 148-158, 178 34 32, 36 38,41 10 GENERAL INDEX. LyJLiLi lAX ••«• *»»A •••• •••• •••• l/lvFlL ••■ •••■ •••• ■••• I POOR, CommissionerB of to file accounts send requisitions, &o publish a'jcounts .... have accounts audited be appointed powers of .... .... may sell or lease lands .... how to be relieved .... .... .... IISIS 01 •••• •••• •••« •■*. Asylum, erection of loans for .... .... .... and hospital, support of .... PORT of Halifax, regulations for POUNDING cattle POUND keepers PRACTICE in City Court PREFERENTIAL claim for rates PRESIDING officer at elections PRISON city, regulations as to authority to build .... .... property vested in city right to purchase further property for. ordinance as to . . . .... .... PRIVIES to be two feet from boundary line ... how to be cleansed .... .... PROCESS in City Court Police Court PRODUCE, ^c, from country may be sold PROFANITY, how punished PROPERTY,right of city to hold injuries to of city liable for debts exempt from taxation .... .... under control of board of works. . . . vested in city authority of city over power to lease PROVISIONS, unwholesome inspection of .... .... PUBLIC Squares, keepers of to be appointed .... schools. See Schools .... .... gardens. See Common QUEEN, Her rights reserved property exempt from taxation rights to the common QUEEN Street loan QUALIFICATION oath of of Mayor or Aldermen Recorder .... currency of QUARTERLY meetings of Coancil QUASHFNG conviction RAFPLLS prohibited RAG and iunk shops RAILWAY, street RATES, non-payment of, no disqualification for certain payment of, nocessar • for voter .... receipt for preferential claim for 9)^ Asseasmtnt . . , .... .... .., See S€U)cr« , • • • • • ■ • • ■ • • • • • • • ■ • • • - • • • • • • • • • • ■ • • • • • • • • • • • • • ■ ■ ■ • • • • ■ • • • « 1 • • • • • • • • • • « • • • • • • • • • « • • « • • • ■ » • • • • • • « • • • • • ■ • • • • ■ • • • • • > • • « • < • • • • • • • • • • • • • ■ • • 1. • * • • • • • » 78,7 • • • • • • • « • • • • • • • • • • • • • • • • • • • • • ■ • • • « • • • ■ • • • • • m • • • • « • ■ • • • • • • • • • • • ■ • • • • • ■ • • • • • • • • • • • • • • • • • • • • • • • • • * • • • • • • ■ • ■ • • • • • • • « • • • • • • • • • • • • • • • • • • • • • • • • ■ • • ■ • • • • • • • « • • • • • • * • • • • • • • - 4 • • • « • • • • • • • ■ • • • • ■ • • • • • • • • • • • • • • • • • • • • • * • • • ■ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ■ • • • • • • • • • • • • • • • • • • • • • la • • k • • • • • • • • • • • • ■ • • • • • • • • • • • • • • • • • • • • • • « • • • • • • ■ • • • « • • • • • • • • • • • • • ■ » • • • • • • • • • • > • • • • • • • • • • » • • • • • • >k • • • • • • • • • • • • • • • • * • • • • • • • • ■ • • • • • • • • ■ • ■ • • • • • • • • • offices.... • • • • « • • • • • • • • • • « • • • • • • • • • • • • • • • • ■ • • • • • ■ • • • « • • « • ■ • • • • • • • • • • • • • • 315 Page. 74, 175, 196 6, 8 49 64 166 163 163 164, 165 165 165 166 167 168, 169 170 283 161, 230 16 82 58,72 8-10, 12 42 43, 44 109, 110 110 212 120 120 28, 38, 41 38,41 85 85,41 2, 110, 135 32, 41, 42 50 67 77 109 109 110, 114 122 178 16 37, 134 57 160 87 4 6 22 87 14 80,37 35 158,204 192 5 6 6 58 316 GENERAL INDEX. REAL ESTATE, right of city to hold, &o of city liable for debts See Property. RECEIPT to be given by treasurer to be produced by voter , allvriO^ •••• •••• •!•• ■••• •••• QUpilCfttO ■••• ■••• •••• •••• • RECORDER when elected Bcalnrjr •••• ••■• «••■ ■••• « qualifications, duties, &o . . . . .... .... to preside in City Court at times .... REFORMATORY. See Industrial School prisoners sentenced to REGULATIONS for port REFUSING office to assist magistrate or police... .... .... act as special constable REGISTER for elections RELIEF of poor. See Poor RELIGIOUS assemblage, disturbing .... .... REMOVAL of sick persons RENTS due city, how collected RESIGNATION of office of Alderman RETURN of candidates RIDING, disorderly RIOTS, where punishable how prevented .... .... .... .... . ROCKHEAD Prison. See Prison farm vested in city ROLL or list of Aldermen ROWING match for championship .... RUNAWAYS where punishable SABBATH, violations of .... .... SALARIES fixed for certain offices payable in Canada currency .... SALE of liquors. S^ Liquors and Licen$e ... .... SALT and grain measurers .... .... coal measurement of .... .... .... SANITARY regulations SERGEANTS of Police. See Police SCHOOL teachers to be taxed .... .... .... .... commissioners not eligible for board of wovks bow appointed ... .... .... powers and duties . . Halifax grammar .... Industrial .... .... .... .... SECURITY to be given by officers SEAL of city established to be attached to debentures SEAMEN, deserting WftEGB Ul •••• •••• •••• •••> •••• SESSIONS powers of reserved SEWERS to be under control of Board of Works and of council how coDstraoted .... .... .... .... repairs or .... .... .••* .... . from private houses. .. .. ... .... .... obstructions in, prevented exemptions from assessment for city not responsible for damage by loans for, authoriced ordinance as io •«<• .... .... .... -SHOWS and exbibitioM >< Pagf. • • • • ■ 2 « ■ « ■ 60 •••» •■•• 4.% 47 • ■ • ■ • 6 •••• •••• 12 • • ■ • • 47 •••• •••• 16 • • • « • 18 • •'•■ •••• 22 • • • • « 26 • • • • • 81,43 • •■■ ■«•• 288 • • • • • 14,15 ••■• ••«• 33,40 • • • • • 40 ••■• •••• 7 • • • • • 163 • ••• •••■ 84 • • • « • 118 •••• •••• 207 ic • • • • • lo ••«• •••• 12 • • • • • 157 • ••• •••• 82,84 • • ■ « • 40 • • • • • 110 8 263 ■ ■•• •••• ■ ••• •••• • • • • 1 33 • ••« •«•• 32 • • • • • 18, 21, 45 •••• •••» 18 • « • • • • «•• •••• 16 • • • • • 181 115-124,222 • • • • • 38 ■ • • • • • • • 58 » • • ■ • 36 •••• •••• 170-172 • • ■ • • 178-175 •••• •••• 176 * • • • * • 190, 278 •••• •••• 17 * • « • • • 1,200 •••• •••• 50,51 » \ • • • • 88 •••• •••• 26 « • • • ■ • 21 • • • • • • • • 76, 92-96 • • « •, * • 81, 92-97 • » • • • • • 92-97 • • • • • • 94 94.120.126 • • • « • ■ 95 • • • • • • 96 ••«• «••• 96 • • • • • • 96,97 ••«• •■«• 221 • • • • « • 166 GENERAL INDEX. 317 Paok SIDEWALKS to be kept clean 81 driving on ... . .... , . . . .... .... .... 83 UFICa ••■• ••■• •••• •••• •■■• ■••• •••• O'x loans for ... .... .... .... .... .... 86, 189 ordinance as to 220 SIGNAL STATION 196 SLAUGHTERHOUSES 122,229 SLAUGHTERING animals 116,122,179,229 SMALL POX HOSPITAL. See Hospital 124 SMOKING in streets by minors 207 SOAP factories restricted ... 122, 232 SPECIAL CONSTABLES. See Constables 89, 40 STAVES, measurement of 188 STEAMERS track of 185 STIPENDIARY MAGISTRATE to bo appointed 22 salary, qualification and term of office .... 22 to be sworn and fill no other office .... .... 22 substitutes for 22, 28, 25 duties and powers of 23, 25, 32-43, 67, 85, 116, 119, 129, 133, 148-158, 178, 180 to control police 23 protected where no jurisdiction ■N to tax costs and fees .... want of form in his proceedings. . . may impose alternative penalty commit witnesses... hours for holding his court and see City Civil Court, City Criminal Court and Police Court STOCK in companies how assessed STOLEN GOODS, receiving STONE buildings exempt from certain taxation STOVE PIPES, dangerous STRAW, hay, &c., may be sold in streets STREETS, clerk of superintendent of disorderly conduct on .... .... under control of Board of Works to be paid for out of assessment powers of Council to improve wiciiu ox ••■• •••• •••■ •••• regulations for line or .... .... .... .... breaking soil of obstructicns on .... .... .... brick sidewalks crossings on ... . .... .... ... loans lor .... .... .... .... ... repairing where sewer made term defined .... .... .... ... poll tax fbr .... .... .... .... ordinance as to .... .... .... ... driving in .... .... .... .... STREET RAILWAY .... .... .... .... .., SUPERVISORS of streets exempted from juries SUNDAY, selling liquor on violation of .... .... ...• ... SUGAR, tare on .... .... .... .... ... SURVEYORS of highways, coin'jil to be lumDcr 1... a... .... ... city property .... ..... .... SURVEY of city, loan for , SUITS for or against city 28 28 30 SO 31 32 69 32 129 180, 236 86 16 16, 83, 84 36* 76 79 79,80 80 80-91 82 82, 94, 95 81,88 83 84 86-90, 189 92 98 196 219,220 266 192 21 151 82 180 88 182-186 16 180 87,83 318 GENERAL INDEX. SUITS for taxes SURETIES of treasurer to continue liable SWEARING Mayor and Aldermen ▼oters lAise •••« ^■•« •*•■ ••■• profane .... .... .... extra and special constables . . . . TARE on sugar TAXES. See Asiessmept non-payment of, not to disqualify for office must be paid by voter receipt for, to be produced preferential claim for TAXATION. See Assessment TEACHERS not exempt from taxation TELEGRAPH, fire alarm TENANTS to pay water rates TENAN CIES, forcible entry, ^c THREATS .... .... .... .... .... TIMBER, measurement of TRACK of steamers TREASURER when elected to give receipts salary of UUVlcB •••• •••« •«•• «••« CicFK 10 ■••• ■••• •••• to be sworn and give security . . . . to submit accounts to auditor. . . . to print abstract of accounts . . . . to render accounts ... .... to distrain 10 sue .... .... .... may compromise duties as to water rates .... bond of .... .... . . . , TREES, destroying . TRESPASSERS to be arrested TRUCKS and hacks UNION ENGINE COMPANY" qualified to vote . . . See Firemen . . . UNION PROTECTION COMPANY lalified to vote See Firemen VACANCY in City Council special .... .... .... VACANT lots to be fenced VACATING office by absence of treasurer .... ... VAGABONDS where triable VALUATION books notice of .... .... .... VAULTS to be two feet from liae how cleansed VEHICLES in streets VENDOR in possession to be assessed .... VIOLENT removal of goods .... VOTES at election, how given . . .... illegal, penalty for giving VOTERS how qualified may be sworn .... .... ... in fire companies WAGES of seamen .... WARDS defined I ■ f • • • I • k • • • • • • • I • • • • I • • • • • < ■• • • • • • • • « • • I I • • • • • • ■ ■• •••• •••• • ••• •••• •••• >•• ••■• •«•• •««• •••• •••• • • •••• ••• • ••• •••• • • • • • • • •••• •••• ««• ■••• ••■• ••■• •• •■•• •••• •••• •••• •«•• •• •••• •••• •••t •••• •••• !•• •••• •••• • ■■• •••• ■••• >••' •••• •••• Paqb. 71,72 46 4 11 12 35 39-41 180 64 6 6 6 68 64 68 137, 236 112 23,36 84 183 185 16 45,47 18,45 45, 46, 70, 101 45 45, 46 47 47 47 70,71 71 71 101 216 41 41 156, 248 .... 6, 7 • .... 6, 6, 8 .'...4,12,13,14 14 85 13 46 33 61,70 61 120 120 256 78 84 9 10 6,6,8 11 6 • • • • • • • • • • • • * • • • t GENERAL INDEX. WARDS limits of may be altered _ assessors. See ^vs«««nr. WARRANTS in cases of lefauTt. . ' ' ' ' for desertion WARDENS HSith'''"*«>"«"^«»*"-.- - WATER RATES to be colleii;! by i;ea;urer * * ' ' preferential claim for WORirs^li!?*'°° ^^' ^"^ ^ «»°« as city rates '^'"'''prc^aSor ^' ^""^ '' ^-^ COMMISSIONERS dutie^ of may be turned oflF . enlarging service service pipes. . . . assessment for rates appeal from assessment for layingpipes collection of rates for application of rates estimate for service accounts of commissioners. commissioners' powers ' oflScers to account debentures and loans exemptions from assessment for plugs, injuring waste of . . . WATCH. SeePoiice WEAPONS dangerous WEIGHTS and ME ISDRpVino V-" - WEIGHERS of flour and meal P^*'«° «^ • • • • coal.... ''.. hay K^lC^"^!2i--« ■■•■■•■•"-....■■ ,„^„„ brtdking WITNESSES in City Court fees of competency of wnon in license cases.. »v UUD, measurers of WOODEN buildings .... • ••• • • , * • • • • • ••• .... * . . < • . • . • • • • .... • • •• .... • •• • a . . . . . . . 319 Page. 20 81 84 88.41 116,118 46,75 74 76 77 98 99 99 100 100 100 101 102, 103 104, 106 104 104 106 106 106 106-109 132 209 221 208 16 16 16 181 81 101 75, 132 178 82 81 82 37 152 16, 181 139 76 00I?/K/E0TI03SrS. PART I. Title IV; Page 49. The last Division, " Certain Provisions as to City Debts", should have beea numbered IV instead of III. Title XIII ; Division I, p. 177, " Transportation of Gunpowder", should perhaps have been omitted, or its place taken by Chapter 64 of the Revised Statutes, Fourth Series, " Of the Transportation and Use of Gunpowder." Division V, p. 185, " Track of Steamers in Harbor", has been impliedly repealed by recent legislation of the Canadian Parliament. The subject is dealt with in the rules as to the Port and the Harbor Master, printed in Appendix A. Division XIII; p. 196, " Poll Tax for Streets", is made up of enactments no longer in force, but which are printed as containing useful information upon an interesting subject. PART II. P. 256. The Ordinance entitled " Common" is incorrectly numbered as XXIII instead of XXXIII. V PART III. P. 269. The Act for the " Prevention of Imposition in the Selling of Coal," passed in 1863, was aflerwards incorporated in Chapter 85 of the Third Series of the Revised Statutes, the operative portions of which are printed in the Appendix to the Fourth Series, of which see p. 71. P. 272. In the ninth line of the first section of Chapter 31 of the Acts of 1875, omit the words " of the" before " value," and insert " of" after the same word. P. 277. In the Table of Chapters of the Revised Statutes, amongst those of the Third Series should have been included Chapter 85 "Of the Regulation and Inspection of Provisions, Lumber, Fuel and other Merchandise," from page 69 of the Appendix U> the Fourth Series. r RESTRICTED USE Use in L ibrary only. Author: ^--- ^^S, ;3^-.atu-eJ Tjilg. Lai.'s a^.d ordinances relating to the... Coll No.: ^ ■r -V n76 Ace. No.: 54307 Copy No.: ^■/