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PETITION 
 
 «&K», 
 
 or TUK 
 
 . K 
 
 CITY OF HALIFAX, NOVA SCOTIA, 
 
 TO 
 
 HER MAJESTY THE QUEEN, 
 
 RESPECTlNQ THE 
 
 INTERFERENCE OF THE MILITARY AUTHORITIES 
 
 WITH THE 
 
 COMMON OF HALIFAX. 
 
 AND 
 
 DOCUMENTS, &C., CONNECTED THEREWITH. 
 
 HALIFAX, N. S. 
 PRINTED BY JAMES BOWES AND SONSr 
 
 1859. 
 
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EXTRACT 
 
 fKoM 
 
 MlNUTI<:S 01' CITY COIN'CIL, DATED MAY lOrii, |m,V.>. 
 
 Resolved, That an humble and respectful Petition from this Corporation l)e 
 sent to her inajeMty, represeniiiig all the circuinstanci's connected with the 
 trespasses on the Common recently made under color and claim of right by her 
 majesty's uiilitai'y officers in this garrison, and praying her gracious inter- 
 ference to prevent the continuance and recurrence of such measures. 
 
 Resolved, That the various documents of every kind connected with the late 
 proceedings of General TroUope on the Common, and the memorial to her 
 majesty thereon, be* printed in a pamphlet form, and that his worship the 
 mayor cause five hundred copies to be printed. 
 
 Passed. 
 
 Committee to prepare memorial. 
 
 His Worship THE MAYOR, His Hoxok THE RECORDER, 
 Aldeumen bell .\nd COGSWELL, 
 
 A True Copy. 
 
 James S. Clarke, 
 
 City Clerk. 
 
do tl)c CQnccn'o iltoat ©xrcllcnl ittajcstn : 
 
 'F'lii: I'lrnrroN of thk iMwoii .\\i» Ai,i>KitMr 
 
 N <•!• Tiir, 
 
 TiTV 
 
 oi' 
 
 II 
 
 M.I TAX, 
 
 KJVA-SCOI'IA 
 
 Most huiiiblii ii/irirrth 
 
 Tliiit ill 17(H) and 1T():{ a piece of laiitl, coiitjiiiiiii;j: alioiit '240 
 acres, l)oiiii(le(| on tlie east Ity tlie present citadel of Halifax, 
 was jrranted Ity tlie crown, in the reiju:n of your majesty's royal 
 jSraiKlfather, kiiijf (leoriie the Third, as a Comiiion, for the use 
 of the iiihahitaiits of the (then) town, now the city of ITalifax; 
 
 d tiiis land was fully ve.-ted in the city corporation of llalifax, 
 
 an 
 
 l)V the a< 
 
 ;t of 
 
 incorporation in 
 
 IS 11, 
 
 and |)owers of iinprovin* 
 
 niana^i^iiiir and lensiiij; it were given to the city council hy the 
 provincial act of 1H,>|. 
 
 That in the year IH:{0 twelves acres of this (\Miinioii were 
 freely "iveii up, without any (-(piivaleiit, hy the then inajristrates 
 and people of llalifax, to enahht the military authorities to ex- 
 tend the jrlacis of the citadel, which was theti and still is in 
 projirress of completion. 
 
 That in the north-east anule of said Toi 
 
 union a drill irroniu 
 
 for the use (»f the garrison and militia was estahlished ahoiit the 
 vei'.r I'lM) or IHOO, while your majesty's father, the late priiu^e 
 I'idward, Duke of Kent, was resident i; Halifax as commander- 
 in-chief ; hy whose order the same was levelled and iitted for 
 use: which drill jiround contains ."ifij acres, and is in its jyreat- 
 est lenixth ahont ."{(MX) feet, and varies in width. hein<^ 1000 t'eet 
 in its widest part. 
 
 That in ISOO, shortly after the departure of II. R. II. Dnke 
 of Kent from this province, the justices in sessions of the peace 
 for this county of llalifax (havinjr, as your petitioners are ad- 
 
 visee 
 
 a IK 
 
 1 heli 
 
 ieve, no lenal anthoritv whatsoever so'to do,) di 
 
 't ,i' 
 
 I I 
 
 
 m 
 
 '■ywrjs*^arr 
 
hy rc8oliiti<Mi iipproiiriiitc ii«it only the siiid drill )rroini(l, hut nil 
 th(! iiortlwrn jxirt of Huid ('oniinoii of niiich frriMitor cxtoiit for 
 the use of the troops, on ct'rtaiii trriiiH therein inenlioncd ; hut 
 no deed pnssed, nor can we find that ptiss<;ssion was taken hy 
 the military heyond their (irijfinal drill ^fruinid, — the land ad- 
 Joinin;; which, hein<; part of said (.'oniinou, on the west and 
 elsewhere, was swampy and unlit for that or any other use 
 until recently cleared and druined at a lar<:(^ expense liy the 
 city corporation. 
 
 That in s(!V<'ral provincial acts passed in recent times, n 
 clause was introduced forhiddin<>' the erection on the Cninmon 
 of any permanent walls or fences within the distance of six 
 hundntd yards fr(un the salient un^j^les of the fortress of citadel 
 hill, therehy exeeptinj; wooden fences, unless hy the perndssicui 
 of the conunander-in-chief of your majesty's forces in this pro- 
 viiu'e for tin; timt; hein<;. That in a rctvision of the acts in IH^I 
 this exception in favor of wooden fences was inadvertently 
 omitted. 
 
 That at this period (1H5I) the greater part of the said Com- 
 mon was in a very rouirh and unimproved state, nf little or no 
 use for pasturage, and from its harren and rugged appearance 
 was a d(;lormity to the city. 
 
 That the corporation have since, at a great expense, re- 
 claimed a great part «d" it, hy removal of 8t»mes, draining, 
 inclosing and planting horder and ornamental trees aiul shruhs. 
 That in the northern |)art of it they have inclosed several small 
 fields with light wo(»(len feruling, calculated to keep out cattle, 
 and that these fields are now grassy and ornamental, wlu^re 
 before the}' were a miserable waste. 
 
 That these improvements and fences on the Common were 
 made and erected during the time that (ienerals Gore and 
 Le Marchnnt were the military commanders-in-chief in this pro- 
 vince and resided at Halifax ; and that these works were con- 
 ducted under their immedinti! observation, and daily and almost 
 hourly inspection; being within sight of the drill ground wh<!re 
 they often reviewed their {ro«>ps, and in the vicinity of nearly all 
 the roads which lead from the citv in different directions, several 
 
 1 
 
of >vhicli croHs or skirt tlu> ('diiiimom ; iiiul not only wna there no 
 ohjt'ction wliat«'v«;r niiulo, l)y eitlu'r of tlioMc <Mininiiin(lerM-in-cliief 
 to tli(! eructioii of tlit; fcnccM iind iniikiii<{ tliu iniprovt'nientM in 
 (pirstion, liiit, in the iMstiiiir<; of (mmutiiI hv. iMiirchfiit (who 
 was also ^ovrrnor of this |)ro\ iricf), his <rratilicatioii and a|i|>ro- 
 val of thcsr ini|irovi>ni<-nts ami plantation w<T(; fr<-i|n«'ntly ox- 
 prrssrd, so that his permission within the very terms of the act 
 nuiy he considered to have heen virtually jjivon. 
 
 That Huhsetpient to the erection of these fences (and, as your 
 petitioners then thought and still helieve, in eonse(|iience partly 
 thereof,) tlie army aiitlH.>rities here caused tiie lar<j;e space of 
 ground helonginfj to the ;;liicis of citadel hill and adjoining the 
 Common to he surrounded with a wv.w wooden fence, it heing 
 ohservahle that citadel hill had originally heen inclosed with a 
 picket fence, hut f(u* several years had heen stilfered to remain 
 (piite uninclosed along its western houmis where it Joins the 
 ('ommon. This wooden f(;nce, which has heen put up hy the 
 military atithorities, heing o|)en to the same ohjecfion us the 
 fences |)ut u|i hy tlu; city. 
 
 That early in the summer of IHW the city council concluded 
 it would he for the pnhlic good, to grant a free lease of that por- 
 tion of the (^untncui which lies westward of the drill ground, to 
 tin; Halifax cricket ehih: when shortly after, to their sur|)rise 
 and annoyance, a letter was received hy the Mayor, written by 
 the attorney of Alajor-Cieneral Trollo|»e, then and now the 
 eommander-in-chief at Halifax, in whi»;h letter and the corres- 
 jiondence tluit ensued thereon (hereto annexed) (ieneral Tr«d- 
 lope in suhstance demands of the city : 
 
 Firstly, The surrender of all the north part of the Common 
 as a drill ground ; and 
 
 Secmidly, The prostration of all the fences erected hy the 
 city, norh of the cemetery, since IH^l. 
 
 These measures, which ha\e end)arrassed the corporation 
 hy sto|)|)ing their progress in improving and leasing the Com- 
 mon, and compelled them to fail in their promise to the cricket 
 club, have been followed up recently by the soldiers of the gar- 
 rison going on the Common on the ninth day of May in this 
 
 I 
 
 — rjWT'frS-'^i,-^ 
 
 I 
 
 I. in. i^ i' i i 
 
 4«.-"1 
 
ynir, l^'.V.J, nnil llirif |iiilliiiu diiwii iiiiil Icwiliiijr tlu* J'oium'k (if 
 tiiir (if iIk' Iti'^'l jfl'iiHH ticl(l> til*' fity liiiil iiirl(i?-('il. 
 
 'rii(Micsti'iirliitii ot' all the Int'-H iiihI •ilniilis wliirli border tliin 
 pif.'cc of IiiimI, iiikI iIk' mill ortlir )>riis> liiis lirrii i:iiiii|ilrt)'il liy 
 llir Mtrtiy niltlc ol'till kinds, tlmt liii\r iivtiiird tliniist'K rs iil' tlir 
 ii|ii'iiiii!: : and \nnr pcliliitiirrs iiiidi i nIjiikI tiiiil tlir (■nirriil Iiih 
 di'trnniiird In drill iiiid ixcri'iio iiis soldii'rs iipnii the •;ri)iiiiil 
 thus Itiid i>|M'ii. 
 
 ViHir iH'iititiiH-ry lire ttiidcr tlic iiiiprcixriiiMi that all tli(>sc prn- 
 rccdiiiii's on llic part nf (icncral 'rrnjlopr arr ••>M'iilially illr- 
 ^al ; and it will llKrctiirc Im' tlicir duty mi licliall' of tlir r(ir|i(ir- 
 atiiHi and tlir riti/i-iis of llalilax to rt'snrt tu Icu'iil iiit'asiircs in 
 yoiir iniijc>t\"s >iipr<'in»' ruiirt I'nr tlii> prn\iiicr, in order to pro- 
 tect till" riiihtf* of llieeity in this valiialde property, as far as 
 as lau may ^er\e; lait it is witli evlreme reliietanee lliey feel 
 tlieniseUes forced into tliis, to tlieni, nov(d and disaureealile 
 po>itioii, of cniilendiiiji at law with your majesty's chief military 
 servants upon >ii('ii point.*; as they only express tlie iinaiiimmis 
 feeling of llii> cily, m lien they say, that if it would conduce to 
 your inaje.»ty"s advaiita<>e or the welfare ol' your crown, there is 
 hardly any saeiifice they would not cheerfully mahe. 
 
 That your petitioners helieve it to he their duty, at this time, 
 to lay their !irie\aiiees hefore your niiijesty. and with all hiiinil- 
 it\ to repicseiii the evil coii>e(pieiices that may and prohahly 
 will eii>iie from a contest of this kind. 
 
 In respect of the claim set up to extend the drill ground, as 
 demanded, your petitioners helieve it to he entirely !>roundless 
 in law and in ju>l ice alike. Ilowe.tr nnfoiinded tln^ title d(,'- 
 ri\«'d tVoiii a iT>olntion of the ipiarter sessions must he — still, il' 
 the military had acted upon it, hy le\e|lin<>-, drainiiiii' and im- 
 provinsi' a larjicr space, and conlinuinjx to use it tor a loii'i time, 
 s(Mn<' pretence miulit then arise ; — hut, in fact, heyond the smaller 
 space, w liich has never heeii denied them, they have siilVered the 
 •iroiind to remain i\\\ impassahle h.in, and they are now enj<»yiii<r 
 a larger extent than ever iiefoie, in consefpieiico of the expense 
 incurred hy the city in draining' the vicinity. Their fenciiijy in 
 all the exteiisiv(< yroiinds ap|ierlainimi' to citadel hill, includin<r 
 
 I 
 
llie It'Vrl K|Mit of twcl\r ii'it's iri\rii Im tlic fnrtri'HS l»v tlir filv 
 ill l^'ItO, JH i*vi(l«>ii('(> to >li«'\\, tliiit till! want ol'Npacf to rxcriMMU 
 iiiiil niciiiii|i troops, now tor tlic I'lrsl tiiuc allc^iril, lias not lircii 
 liilliirto trit. 
 
 Wf would I'lirtlirr rriiiark, llmt hy the ••xistiii^ law of |H.'»| 
 thu (ii'iit-nil ill coiiiiiiaiKl has lull |Miwrr to rciiiov*; all tlii'su 
 tV'iict'N ill tiiiif of war, or of a liostilr attack on llalilav Ixin^ 
 tlirfalciicd. 
 
 Tlic t'ax' ami ra|ii<iity w itii wliirli tlir friK'o alhiilcd to liav«; 
 Im-i'ii ItiM'lIrd down, slirw liow little tiiiM' or troiild*; would liu 
 i'fi|iiir«'d to rtnnn*' tlicin all, if di-siralil**. 
 
 r<H" sixty years past the forces kept in tlii.s jfarrisini ha\e 
 found no necessity to e'Xtend their drill ;;roiinds, or to interfere 
 with the place in ipiestioii ; and it may not lie amiss to .»tate to 
 your majesty that, for a liin;i time past, the troops on this sta- 
 tion have seldom exceeded two hattalions <d' foot, with one 
 eompany of artillery, and another of eiii*'ineers ; and lia\e never 
 eoiii|)rised the smallest iletaclnneiit of cav.ilry. 
 
 I'mler these eireiim.-.larices, we Iminhly trn-t your iiiajestv 
 will I'eel disposed graciously to «*oiM'ede somewhat of your e\- 
 treiiu! rijilit, even were the case such as (ieiieral Tndlope 
 iirjjes, and that you will not permit a coin>e to lie persever<'d 
 in, which is too well ealciilaled to prinnote liti;{)ition and inevit- 
 ahle dissatisfaction. 
 
 That your memorialists fully conlide in your majesty's dis- 
 position to friiard and protect their rigiits, their interests, iiiul 
 their comfort. 
 
 Althoii<;li they are- removed h\ distance some tliousands of 
 miles from the seat of your majesty's jioveriiment. — they l»elie\e 
 that colonists here will receive from your niaje>ty a ineaMire of 
 justice and protection, not inferior to that enjoyed hy those who 
 live in the mo/e immediate jiroximity of the throne. On tliii 
 occasion they eaiinot omit to menlion that the uarm interest in 
 tiie welfare of Halifax and of .\ova-Sc(»tia, evinced hy your 
 illustrious father while resident here, is amon*>' the facts of (>ur 
 civic history, hest remembered at our tiresides and most 
 deeply appreciated in our hearts. 
 
 »,ii...,i..l.fciW 
 
8 
 
 Your petitioners he^ leave respectfully to refer to tlie copies 
 of laws, documents, correspondence and plans, herewith trans- 
 mitted in explanation and proof of their statements. 
 
 And they most humbly and most respectfully solicit the in- 
 tervention of the crown, to pacify and terminate a question 
 which, while they regret it has ever been mooted, they as a 
 corporation have not in their power to settle or adjust : while 
 they are convinced that the slightest interposition of your ma- 
 jesty's prerogative will remove all difficulties, and thus restore 
 that harmony and kinf""' feehng between the military and the 
 city of Halifax which have existed from the earUest period of 
 our colonial history. 
 
 HENRY PRYOR, 
 
 MAYOR. 
 
 James S. Clarke, 
 
 CITY CLKIIK. 
 
 Halifax, N. S., June, 1859. 
 
 i 
 
APPENDIX. 
 
 I i 
 * pi 
 
 Office of City Clerk, 
 
 Halifax, 30th April, 1859. 
 
 The following extracts from proceedings of the City 
 Council relative to Common, are directed to be published for 
 the information of the citizens. 
 
 By order of Council, 
 
 James S. Clarke, 
 
 City Clerk. 
 
 Extract of July 19th, 1868. 
 
 His Worship the Mayor submits a letter from J. W. Ritchie, 
 Esq., relative to the Common leases, as follows : 
 
 Halifax, July 7th, 1858. 
 
 Sir, — I have been requested by Major-General Trollope to address 
 you relative to various enclosures on the Halifax Common, made under 
 the authority of the City Council, and to a lease lately granted bj them ; 
 the part so leased, and tne enclosures being on that part of the Common 
 appropriated for Military purposes. 
 
 As I feel assured the Council would not wilfully violate the rights of 
 the Military authorities, I am led to believe that the members of the 
 Council are not aware of the document, under which the rights in question 
 have been conceded ; if so, I shall be happy to submit it to you for their 
 information. 
 
 I have the honor to be. 
 
 Your obedient Servant, 
 (Signed) J. W. Ritchie. 
 
 To His Worship the Mayor. 
 
 When the following resolution was introduced : 
 
 Resolved, That the letter of J. W. Ritchie, Esq., just read, be referred 
 to the Committee of Common to report upon. 
 
 Q 
 
10 
 
 Extract ov Anoi'sr l"mi, 1R58. 
 
 His Worsliij) the Mayor submits lottcr of J. W. Ritcliic, 
 Esq., of i"itli All<^ll^st, 1858, rohitive to lli<3 Comiuoii ; 
 
 IIalikax, August 5th, IH'iH. 
 Sir, — (}n tho 7th of last month I iukh'cssod you on the subject of 
 certain cnck)sures on that part of the Common to the use of wluch the 
 Mihtury are entitled, ami of a lease pro])osou to he made in violation of 
 their rights. Not having been favored with a rejily, I beg leave again to 
 call your attention to this subject, as I have been urged l)y the Major- 
 Goneral Commanding the Trooj)s to take the necessary legal stepsi to have 
 all existing erections on the northern part of the Common removed with- 
 out delay, and to ])revent further encroachments. 
 
 In addition to the agreement to which 1 referred in my last letter, 1 
 would call your attention to the several acts, which have from time to 
 time passed the Legislature, with reference to the Common, in which you 
 will j)erceive that in all of them the rights of the Military have been 
 recognized and respected. 
 
 May I request the favor of a reply at an early day ? 
 I have the honor to be. 
 
 Your obedient servant, 
 (Signed) J. W. RiTCiilE. 
 
 To His Worship the Mayor. 
 
 On motion, the order of the day is suspended, and the re- 
 port of the (Joinniittec of Common, this day submitted, is next 
 taken up and read. 
 
 er 
 nd 
 
 REPORT. 
 
 The Committee to wliom the letter of John W. Ritchie, 
 Esq., on behalf of Major-dleneral Trollope, was referred, on 
 the subject of tlie Common, having had the matter under their 
 consideration, now report : 
 
 ITtUJ. — Tiiat it appears that in the year ITdli a grant, und 
 the great seal of the Province, was passed, to John (Jollier ai 
 otiiers, of a tract of land in the rear of the town, for the use 
 of the inhabitants of the town of llalif;ix, as a Common. The 
 co|)y of the grant, among the city records, states the quantity 
 of land to be '•V-V* acres. The Provincial Acts which refer to 
 the grant tall it '^40 acres. 
 
 1770. — In the tenth year of George Ml., chap. 4, 1st vol., 
 P. L. 1()0, an act was pnsscd, by which the justices in session 
 of the several counties are empowered to make regulations for 
 the several townshi])s in respect to any tracts of land held as 
 
if n 
 
 11 
 
 Cor : on. This act merely einj)owers tlio jiistices to mnke 
 If.;: iiious for the nuiiiu^eineiit oi'fjucli coiniiioii land, hut }rives 
 m> 5 ;)wer or authority to uHcnnte or dispose of any part of it. 
 
 IHOO. — In the year 1800, it appears by an extract from the 
 records of the j^eneral sessions of tlie peace, which accompanies 
 this report, that the justices for the county of f lahfax assumed, 
 without any h'^al authority, to make an arranj^jement, by wiiicli 
 tlic use of the north part of tlie Common was {rjven for the 
 purpose of exercising and encampinj^ the troops, whenever 
 his nmjesty's service and the defence of the town might recpiire. 
 
 In this, the committee apprehend, the justices exceeded 
 their authority, but tlie arrangement, no douitt, led to tlie reser- 
 vation contained in the suhsetjuent provincial statutes touch- 
 ing the Common, under which alone the use of the exer- 
 cising ground, so termed, on the north end of the Common, 
 can now be claimed. The committee understand that under 
 these proceedings of the sessions, all the land lying to the 
 northward of Pyke's Bridge is now claimed as the " Exercising 
 ground," though no part has ever been occupied as such, ex- 
 cept the north-east end. 
 
 1818. — In the year 1818, an act (58 George III., chap. 13, 
 3rd vol. P. L. 20) was passed for the "improvement," and so 
 forth, by which act the Common was vested in trustees, and 
 Commissioners were appointed, by whom a portion of the Com- 
 mon was directed to be laid oft" in lots and leased. There is 
 no suspending clause in this act, and no reservation for military 
 purposes, though Lord Dalhousie was Commander-in-Chief of 
 the Forces, as well as Lieut. Governor ; but this act is marked 
 in the statute book as "disallowed by his majesty." A num- 
 ber of leases, however, were granted before the disallowance. 
 
 1829.— In the year 1829, an act (10 George IV., chap. 32, 
 4th vol. P. L. o9) was passed, authorising the appointment of 
 Commissioners of Commf)n. It refers to the leases granted 
 under the act of 1818, and confirms them, and enacts that no 
 more than one hundred acres shall be leased at any one time. 
 This act also gives the justices in sessictn power to make 
 *' regulations," and by the last clause it enacts that nothing in 
 the act contained shall extend to the north part of the said 
 t'Ommon, used as an exercising ground for his majesty's troops. 
 This act, which has a suspending clause, passed when Sir 
 Peregrine Maitland was Lieut. Governor, and also Commander 
 of tiie Forces. 
 
 Vt:. 
 
 m 
 
 1 
 
 m 
 
 
 w^ 
 
12 
 
 1831.— In 1831, an act (1 William IV., chap. 4, P. L. 49) 
 was passed, by which 12 acres skirting the citadel were granted 
 to his majesty. By the 5th section it enacts that no houses, 
 buildings, or walls, nor any other than fences of wood, shall be 
 erected or built on any part of the said Common of Halifax 
 lying to the northward and eastward of the lots leased, and 
 within the :ipace or distance of 000 yards of the salient angles 
 of the fortifications ; but the said portion of the Common may 
 be leased and appropriated to and for the purpose of gardens 
 or orchards, or other purposes, from which no injury or impedi- 
 ment can result to the defences of the citadel. 
 
 This act says nothing about the " exercising ground," but, 
 by the 6th section, it enacts that all leases of any part of the 
 Common, within the limits aforesaid, to be given, granted, or 
 confirmed under and by virtue of the said act, concerning the 
 Common of Halifax, shall ccmtain the conditions, limitations, 
 and restrictions hereinbefore prescribed, with res{)ect to the 
 erection of buildings, fences, &c., and for all other purposes 
 the act of 1829 shall go into operation. 
 
 Sir Peregrine Maitland was also the Lieut. Governor and 
 Commander of the Forces when this act passed. 
 
 J'rom this act, it is quite evident that the exercising ground 
 was not understood as embracing any part of the Common 
 occupied or leased, or proposed to be leased, by the Committee 
 of Common. 
 
 1834. — In 1834, an art (4 William IV., chap. 71, 4th vol., 
 P. L. 349) was passed, which transferred the whole control of 
 the Common to Commissioners. 
 
 This act reserves tlie use of the north end, known and used 
 as the exercising ground, for the use of the troops. 
 
 1841. — In 1841, the first act of incorporation was passed ; 
 chap. 55, section 68, enacting that the City Council shall for 
 the future have the sole control and management of the Com- 
 mon, subject to the rights and privileges of her majesty re- 
 tained therein. 
 
 At this time, her majesty had no rights in or privileges 
 connected with the Con)nioii, except the use of the nortii end, 
 known and used as the exercising ground, and thr right U> 
 prevent buildings or erections of a certain kind, to be made 
 within a specified distance of the fortifications on the citadel. 
 
 This act was amended in 1843, '44, '45, '46, '48, '49 and '50, 
 but no alteration touching the Common was niade^ 
 
13 
 
 1851. — In 1851 the present act was ptissed. 
 
 By tliis act tlie exercisinfj {ground at the north end of the 
 Common is required to he always kept open and free, for the 
 use of her majesty's troops. 
 
 No building or fence, &-c., is to be put up within 1800 feet 
 of the salient anjyles of the fortress of Citadel Hill. Subject 
 to the foregoing appropriations and lease-hold interests, the 
 Common is vested in the city. 
 
 It will be perceived that a restriction is introduced into this 
 act, which is not contained in the former acts, and which, the 
 committee suppose, was not intentional. By the former, none 
 but wooden fences were allowed within 1800 feet of the citadel ; 
 by this act, no fences of any description are allowed within 
 that distance. There was no reason for any such restriction, 
 as the temporary wooden fences in use can never ofter any 
 imi?ediment to the defence of the citadel ; and by the act of 
 18JU, the north portion of the Common may be leased or ap- 
 propriated for gardens, or orchards, or other purposes not in- 
 compatible witli the defence of the fort. 
 
 The committee having carefully examined all the acts and 
 papers submitted to them, are of opinion, therefore, and re- 
 port : That the Commander-in-Chief of her majesty's forces 
 in this Province has no right to interfere, or control the man- 
 agement of the Common, the fee simple of which is vested by 
 law in the city ; and that so long as the north part of the Com- 
 mon, known and used as the exercising ground for the use of 
 the troops, is kept open and tree, and no fence is erected within 
 the distance prescribed l)y the acts from the citadel, the whole 
 disposition and control of the Common rests with the City 
 Council ; and the Committee now submit several resolutions in 
 answer to the application on behalf of IMajor-Gcneral Trollope. 
 
 They would also add that any objection to the erection of 
 M'ooden fences on the Common, on behalf of the Commander 
 of the forces, seems rather unreasonable, when the lessee of 
 the (Government lot on Camp Hill has already erected a fence, 
 which, however useful to him, is not at all ornamental to the 
 Common, or creditable as a Government work. 
 
 Halifax, lOth August, ISo"*. .John A. Bkll, 
 
 Chairman. 
 
 When the following resolutions are introduced : 
 
 His Worship the Mayor having laid before the Council, a letter from 
 John W. Ritchie, Esq., on behalf of Major-General Trollope, relative to 
 
14 
 
 the Common, and reference being had to the Acts of Incorporation, and 
 other Provincial acts and documents, touching the rights asserted in the 
 letter. It is tlierefore 
 
 Resolved, That under the Acts of Incorporation the Common with all 
 the rights annexed thereto with the excei)tion specified in Chanter 5 of 
 the Act of the Incorporation of ISol is vested in the City Council. 
 
 Itesolved, That the Committee be directed to proceed at once to have 
 the leases completed, but in such a manner as not to interfere with any 
 rights of Her Majesty. 
 
 liesolved, That under the reserviition before mentioned, Her Majesty's 
 Troops are entitled to the use only of that part of the Common which lies 
 North of the Road leading from Sackville Street to St. Andrew's Cross at 
 the entrance of the Quinpool Road, and East of the Pond in tlie centre of 
 the Common, and the Ditch leading into it from the North, and that sub- 
 ject to such use, the control of that part of the Common also is vested in 
 the Council. 
 
 Itesolved, That the City Council are sincerely desirous to preserve the 
 good feeling and harmony which have hitherto existed between the citi- 
 zens and the military authorities and have not the slightest intention of 
 encroaching upon any right or privilege hitherto enjoyed by Her Majes- 
 ty's Troops upon the Common or elsewhere. 
 
 Resolved, That the Mayor be requested to enclose a copy of the fore- 
 going resolution to Mr. Ritchie in reply to his letter. 
 
 Extract of September 17th, 1858. 
 
 Read following letter of J. W. Ritchie, Esq., of 9th Sept., 
 relative to the Conunou. 
 
 Halifax, 9th Sept., 1858. 
 
 Sir, — I have the honor some time since to receive from you a copy of 
 certain resolutions passed by the City Council, relative to the present and 
 proposed enclosures on the Common which the Military authorities consi- 
 der are in violation of their rights. 
 
 I have communicated these resolutions to the Major-Oeneral Com- 
 manding the Troops and he has instructed me to say that he cannot adopt 
 the view taken by the Council, as he conceives it to be at variance with 
 the original agreement under which the Military acquired a right to use 
 the Common for MiHtary purposes and the enjoyment of that right for 
 half a century — as well as with all the laws which have from time to time 
 passed the Legislature with reference to the Common. 
 
 The agreement to which I refer, and which forms the basis of all the 
 reservations subsequently made by the Legislature is accompanied with a 
 plan by which the boundaries of that part of the Common to the use of 
 which the Military are entitled are specifically shewn. 
 
 Major-General Trollope has requested me to notify you, that while he 
 is desirous as far as possible of meeting the wishes of the City Council, 
 and will not at present interfere with certain enclosures M'ithin the limits 
 
16 
 
 above refen-cd to — he will require the removal of all the fences to 
 the North of the Burial Ground, which surround the two triangular en- 
 closures, and those on Windmill or Camp Ilill, and that no other en- 
 closures will be made to the Northward of the Burial Ground, as he 
 deems the use of that part of the Common necessary for the purposes for 
 which it was conferred on the Military, which, however, is quite consistent 
 with the use of it by the citizens as a Common. 
 
 Your most obedient servant, 
 
 His Worship The Mayor. 
 
 (Signed) 
 
 J. W. Ritchie. 
 
 When the following resolution is next introduced : 
 
 Resolved, That His Honor the Recorder be requested to examine into 
 the various Acts and Statutes referring to the Common, especially with 
 reference to the rights and privileges claimed by the Military authorities, 
 and that the letter of J. W. Ritchie, Esq., be referred to his honor for 
 that purpose. 
 
 ExTBACT OF October 29, 1858. 
 
 The Council take up his Ilonqr the Recorder's opinion 
 relative to the rights of the Military to tlie Common. The 
 same is read : 
 
 City of Halifax, N. S., 
 
 Reorder^ Office, Oct. 5, 1858. 
 
 In obedience to n resolution of the City Council, passed 
 17th September, of which a copy is annexed, I have referred 
 to the original grant of the Common, of which I annex a copy. 
 
 I have perused a letter from J. W. Ritchie, Esq., dated 
 9th September, 1858, annexed. Also, a resojution of the quar- 
 ter sessions for the county of Halifax, dated September, A. D. 
 1800, of which a copy is annexed. 
 
 On referring to the act of the Province of 1770, respecting 
 the Common, 1 Prov. Laws, page 160, under which act I under- 
 stood the resolution of the sessions is supposed to be supported, 
 I have no hesitation in saying that the act of 1770 (of which I 
 annex a copy) gave no power or pretence whatever to the ses- 
 sions to grant, exchange, or alter the rights of the inhabitants 
 of Halifax under the original grant of the Common for their 
 use, and that the proceedings of the sessions contained in that 
 resolution are utterly null and void. 
 
 It appears that tiie Military took charge of a very small 
 portion of the Common at the north end, and levelled and 
 used it as a drill ground, being the same portion they now are 
 
 u 
 
- ; \ 16 
 
 Using ; that they did not improve or clear the swampy ground 
 at the north-west, where tlie drain has since been phiced by the 
 city, or exercise or claim any rights at all commensurate with 
 the extensive claim they now set up. It further appears that 
 so far from the supposed e(|uivalent in pasturage at Point 
 Pleasant on military ground, mentioned in the resolution of 
 1800, having been allowed to the inhabitants, their horses and 
 cattle have constantly, I'or a series of years, been impounded 
 by the soldiers at the forts in that vicinity whenever found on 
 the roads or on the grounds near the forts, and money extorted, 
 as damages, for their release. It would appear that the ar- 
 rangement contemplated in the resolution of 1800 had been 
 until quite recently lost sight of altogether. 
 
 The act of 1818, chap. 13, under which the Common lots 
 were first leased, makes no mention of any military reserve or 
 rights ; ox\ the contrary, the second clause expressly confirms 
 the title of the inhabitants to the whole Common as originally 
 granted. It is true this act was not confirmed by the Crown, 
 but it shews that the extensive claims now for the first time set 
 up were entirely unknoM'u to the public and the Legislature at 
 that time. The act of 1829, 10 Geo. IV., chap. 32, under which 
 the Common leases weye newly arranged and confirmed, con- 
 tains the following clause : — "And be it further enacted that 
 nothing in this act contained shall extend to the north part of 
 said Common, ttsrd as an exercising ground for his majesty's 
 troops." At this time the lots let for 999 years on the Common 
 had been fenced in and occupied, and buildings erected thereon. 
 
 It is to be observed that all the Spring Garden lots on the 
 north of the Spring Garden road come within the boundaries now 
 demanded as exercising ground under the bounds pointed out 
 in the resolution of 1800. Yet no objection on any such ground 
 appears to have been made. At an early date a road running 
 from Pyke's Bridge diagonally across the Common to Saint 
 Andrew's Cross was established, and a substantial stone bridge 
 across the brook was built about the middle of it. 
 
 If the bounds now claimed for exercising ground had any 
 reality, this road and bridge were in direct contravention of it ; 
 yet so far from -any objection being made to them, it will be 
 seen that the Military obtained a donation of twelve acres of 
 the Common from the people of Halifax, which was described 
 and legalized in the act of 1830, chap. 4, in which this diagonal 
 road is mentioned, and the alteration of its course is settled, so 
 far as to enclose the twelve acres off the Common within the 
 glacis of the fortress. 
 
 

 17 
 
 In 1833, twenty acres on Camp or Windmill Hill were, by 
 Iftct 3 W. 4. c. 32, sot apart as a cemetery, oft" the Common, 
 and were fenced in accordinjjly, at considerable expense, by 
 tlie town ; but the enj|fineer ofticer objected tlnit, in case of war, 
 tins spot niifiht be rerpiired for military occupation, and in 
 conse(|uence this act was repealed by an act of 1(^37, (7 W. 4, 
 c. *(),) and it was not until 1843 that the final act passed, by 
 which the present {general cemetery on the Common was estab- 
 lished by metes and bounds. 
 
 In this and the other acts on the subject, there is no mention 
 of or allusi(»n to any military rififht artt'ctiiiff the spot, although 
 the general cemetery comes clearly within the bounds claimed 
 for exercising ground, if the resolution of I8U0 is to govern its 
 extent. 
 
 In the acts which first incorporated this city, (1841, 4 V. 
 c. 25), the Common is exj)ressly vested in the Corporation by 
 section 58, without mention of any particular reservation. 
 Section OS contains this reserve : " subject, nevertheless, to 
 the rights and privileges of her majesty the Queen retained 
 therein." -^ 
 
 The renewed charter act (1848, c. 39) is exactly similar. 
 The act of 1830 (W. 4. c. 4), already referred to, and by 
 which the 12 acres were given to the glacis, did by its 4, 5 and 
 (ith clauses expressly confirm the leases of 1)99 years before, 
 granted of Common lots, gives directions against buildings which 
 were abiidged into the present charter act of 1851 with some 
 alterations, but this act of 1830 expressly allowed wooden 
 fences to be erected. 
 
 The present charter act 1851, Revised Statutes, c. 5, "Of 
 the Common," contains the following clauses: — 
 
 " \o person shall put up any building, fence, or other 
 erection within eighteen hundred feet of the salient angles 
 <tf the Fortress of Citadel Hill without the permission of the 
 Commander-in-Chief of Her Majesty's forces in this Province ; 
 and in time of War, or of a hostile attack uoon Halifax being 
 threatened, the Commander-in-Chief may demolish all build- 
 ings, fences, and trees within that distance, which may be upon 
 any part of the original Common, and no compensation shall 
 be due to the party damaged." 
 
 4. " The exercising grounds at north end of the Common 
 shall always remain open and free for the use of her majesty's 
 Troops." ' 
 
 I perceive that Mr. Ritchie as Counsel for the General 
 commanding the forces, requires " the removal of all the 
 3 
 
 %i 
 
18 
 
 foncRH to the north nf the |{iirinl (•round whii h siirroiuid 
 tlu! two trian^iihir hitH or cnclosnrcs, and those on \>'indniili or 
 Cninp Hill, iiiul that no onrlohure will h*> niadt; to tho north- 
 ward of tilt! iliirial (f round." 
 
 With r«!M|)t'C't to tilt! ffiicfH which have been placed on the 
 Coniinon hy the (.ity ('orporation, within the hint few yoarn, 
 with a view to its improvt'inent, 1 can only say that ii|)(in 
 measuring; tht! distance of <iUU yariirt from the salient angles of 
 
 the Fort — all fences whatever to the north of the Ceniete 
 
 "•y. 
 
 and of the Spriiiff (Jartleii leased lots which have hceii ertfctcd 
 since JS5I, nuist, of course he considered as suhject to the 
 (ien(!rul'8 permission under the terms of the act, and no express 
 permission havin<f been procured, I do not sec in law lir)w they 
 can he defenderl if they come within the forbidden tlistanco 
 from the an<>le of the Fort. 
 
 The other claim taken up, vi/ : to t^onsider the Exercising 
 Ground as res«;rved under the resolution of ISOO, 1 entirely 
 dissent from ; \ think the exercisinjj jrround reserved in 18.51 
 can only embrace the comparatively restricted spot used and 
 known as drill ground at the north-east angle of the Common. 
 I also have read the report of Committee of Council on this 
 subject, dated 10th August, IH5H, and in general, I concur 
 fully in the views it expresses. If i apprehend rightly, the 
 -esolution of 1800 would make two thirds (tr more of the Com- 
 mon an Exercising Ground, cutting oft' all north of the road 
 leading west from Pyke's Britlge. 
 
 All of which is respectfully submitted to the Mayor and 
 Council. 
 
 BEAMISH Ml RDOCH, 
 
 Recorder. 
 
 
19 
 
 Acts ok tiik Provinck reikuked to. 
 
 1770. 10 Geo. III. r. 4. 
 
 IKIH. m (JiH). III. C. V.i. 
 
 1820. 1<» CJio. IV. C. ;JL'. 
 
 1h;io. 1 W. IV. C. 4. 
 
 is:t:{. .{ \V. IV. C. 32. 
 
 1h:m. 4 W. IV. C. 71. 
 
 is;}(i. (I W. IV. C. n:j. 
 
 1H;{7. 7 W. IV. C. 7(i. 
 
 1h;jh. 1 Vict. C. 17. 
 
 lN;{i). 2 Vict. C. 23. 
 
 1840. ;{ Vict. C. 47. 
 
 1S41. 4 Vict. C. 55, §§ 5H, 08, 69. 
 
 1N4;J. <) Vict. C. .30. 
 
 1848. 11 Vict. C. 30, §§ 00, 112, 113. 
 
 1849. 12 Vict. C. 30. 
 1851. 
 
 Kevist'd Stutules, City Charter Act, c. 5. 
 
 Nova Scotia. 
 
 His Excclloncy Charles Lawrence, Esq., Captain General 
 and Governor in Chief of the said Province. 
 
 To Charles Morris, Chief Surveyor of Land : 
 
 You are forthwith to admeasure and lay out unto the inhabitants 
 of the Peninsula of Halifax, two hundred and thirty-five acres of land, 
 lyinp in the township of Halifax, for a per])etual Common for Pasturage, 
 for the sole use and benefit of the said inhabitants — observing his majes- 
 ty's instructions for running out of lands — and to return a ])latt specifying 
 the buttings and boundaries, and a certificate thereof into the Secretary's 
 Offioe, and for so doing this shall l)e your warrant. 
 
 Given at Halifax, under my hand, the 28th day of March, Anno 
 Domini, 1700. 
 
 (Signed) Charles Lawrence. 
 
 Halifax, March 28, 1760. 
 
 In obedience to his excellency's commands, I have admeasured and 
 laid out for the said inhabitants of the Peninsula of Halifax, Four lotts of 
 land being numbers one, two, three and four, containing in the whole 
 two hundred and thirty-five acres, which lands arc bounded — Southerly 
 by a common highway at the front of the lotts called the Justices lotts, 
 \VesterIy on a highway at head of the five acre lotts of the middle division. 
 Northerly on highway lying between said Common and the lands of 
 Joshua Mauger, Esq., North Easterly on a highway lying between the 
 

 
 
 
 
 20 
 
 
 
 
 
 
 
 CofniTflTi 
 
 ttnA lott« prnntrd 
 
 ill the 
 
 North 
 
 Miihiirl)« 
 
 of llulifux, 1 
 
 vnl 
 
 Easterly 
 
 on 
 
 vaciiti 
 
 IuihIh u 
 
 ngtanted, 
 
 IICI'(>1( 
 
 liii^ to 
 
 the 
 
 |)luit 
 
 uiiiifxcil. 
 
 
 
 
 
 
 (Si(5ui(l) 
 
 ( 
 
 HA. 
 
 Moiiuis, 
 
 ( •/,!,•/ 
 
 SuiKfijur. 
 
 Sir,— 
 
 You are herel)y required to re^idtrr tliin Sur^"^ nmdo for the 
 Town Common. 
 
 (Signed) ('HAS. Lawuknce. 
 
 To John Collier, Kf«i . litjjintn: 
 
 Halifax, the Hth June, 17fi2. 
 
 Province of Nova Scotia. 
 
 I do hereby certific that the al)()ve and within wni» entered in the Boel 
 of Records, Lib. 1, page 71, l>y me. 
 
 (Signed) Jno. Coi.mkr, f!yr. 
 
 Nova Scotia, SS, [L. S.] 
 
 (Signed) J. Hki.ciikr, 
 
 To all to whom these presents sliull come greeting : know ye, that 
 I, Jonathan IJekher, Msquire. Lieutenant Governor and Commander-in- 
 Chief in and over his majesty's I'rovince of Nova Scotia or Acadie, by 
 virtue of the power and authority to me given by his present majesty 
 King George tiie Tiiird. uiidtr the (ireat Seal of (ireat Uritain, have 
 given, granted and coniirmed, and do l)y these presents, hy and with the 
 advice and consent of his majesty's Council for the said Province, give, 
 grant and confirm imio the honoraljle John Collier, Charles Morris and 
 llichau. l{ulkele^. Ivstp-s., Willium Nesbitt and Charles Proctor, Ksqrs., 
 and William Iji.sl, the survivor of tlieiii and the heirs of such survivor, in 
 trust to and for the uses liereafter mentioned, Al.l.that and tliose four lots 
 of land, situate, lying and being in the Peninsula of Halifax, containing 
 in the whole two hundred and thirty-five acres, wliich lands are bounded 
 Southerly by a highway at the front of the lots coiniuonly called the Jus- 
 tices lots, Westerly on a highway at the head of the five acre lots of the 
 middle division, Northerly on a liighwav lying l)etween the said Common 
 and the lands of Joshua Mauger, ]'',sq., Js'orth Easterly on a highway lying 
 between the Common and lots granted in the North suliurlis of Halifax, 
 and Easterly on vacant lands ungianted. Said lands being surveyed, laid 
 out and registered for a Common for the inhabitants of the town of 
 Halifax, by order of his late excellency Clr'vles Lawrence, Ksquire, Gov- 
 ernor of the said IM'ovInce of Xova Sc* .■ i v aid order, tiie Chief 
 Surveyor's report, i id plan thereto aiiiierci ,:in i-. 'nered in ' ■ ".egis- 
 try OiRce of tins Province, and hcreunt' .i . i ! . , more fu.._, appear. 
 And also five acres more. To have and tu i.^iU the said granted premises, 
 with all the rights, members, privileges, profits, commodities, and appur- 
 
21 
 
 tennncps ll iPiinto htlDHving to tlii'in tlic Nuid Jolm CoUior, ('Imrlm 
 MorriM, Uirlrnd llnlkcli'y, Williiini Xcsbitt, Clmrlcs I'nictor and VVilliaiu 
 iJc'nt, and I 111' hiii'Uvor of tin in and the heirs of sui-li sur\ivor. ' > and fur 
 tlu) iiNc of" I ho iuhultUiiiit'i (if the town of Halifax, us a C'oinnitMi for ever. 
 In witness wluii'of, I have signi'd tlit'se j)resi'nts und caused tbo Soal of 
 thn I'rovinci; to l)f thpreunto alli\id, at Halifax, this twi'nt\ -third day of 
 June, in tl " third ymu <f the ri'ign of our S(>\< rcigh Lord (Ji'org*' the 
 'I'liird, liy liic (inu'f of (jod, of finat Britain, !• ranci' and Ireland, King, 
 Defender of thu Faith and mo forth, md in the year of our Lord one thou- 
 Nevt'ii hundred and si\ty-three. 
 
 By eonnniind of the Lieutenant (iovernor, with the advice and 
 consent of his nnijesty's Council. 
 
 (Signed) VtHM. Ikl.KKLKY, Hec'jf. 
 
 Kntcred in the Hook, of Uecords, 
 Lib, o, page 170. 
 
 (Signed) John Coi.r.iKR, 
 
 Heyr. 
 
 Nova Scotia, ( 
 
 Halifax, SS. ^ 
 
 At Ids majesty's Court of General Qum '"r Sessions of the Peace, 
 Septomhur, IHOO. 
 
 The Court having taken into consideratin > the present state of the 
 Common set apart for the use of the town of I (alifax, aiul having taken 
 into consideration the regulations which may i v necessary to accommo- 
 date his majesty's Troops with a sufficient space f ground for encamping 
 and exercising on said C'omnu)n whenever his n ijesty's s(i\ice an<l the 
 defence (d' the town of Halifax may require. It i agreed by the Justices 
 in full sessions assembled, and the Court doth tli reiipon order that — in 
 future all that part of the (Common of the Town ol Halifax, which lie* to 
 the Northward of the road leading from Mr. I'yki 's I'opewalk across the 
 said Common, shall and may be used for the pur] isi' of exercising and 
 ' encamping his majesty's Troops thereupon, when and so often as. the 
 tJoinmander-in-Cluef of his majesty's forces in tl > I'rovince of Xova 
 Scotia or the Commanding Officer of his majesty's Troops nt Halifax for 
 tlie time being shall tiiink necessary, except so mu( H thereof as shall be 
 necessary to furnish highways for the jiassing and rei issing of his majes- 
 ty's subjects. And it shall and nuiy be lawful for the ommander-in-Chief 
 or Commanding Officer for the lime being, at Halifax to cause that part 
 of the said Connnon so appropriated for the exercisi <j; and encampment 
 of his majesty's Troojjs to be drained and levelled. And that the said 
 North part of the Common may better answer the saii intended purj)ose. 
 It is ordered by the Court that the roads and jjaths i retofore used for 
 passing and repassing over the same shall be changed, ud so soon as the 
 road from the corner of Mr. Fyke's ropewalk to the c< rner of the Chief 
 Justice's pasture and a road from thence on the Western boundary line 
 
 
 
22 
 
 of the said Cominoii, until it shall intersect the road leading to the Blue 
 Bell at or near the house occuj)ie.l hy one F.ddy and a road from the 
 corner of the lot, formerly Cleary's and now Stayner's, on which a harn 
 stands unto the road that leads from Duffus's fields into Dutch Town sliall 
 he well and sufficiently completed and finished, then and from thenceforth 
 the roads and pathways heretofore used for passing and repassing over the 
 north part of the said Common shall he no longer used, hut the roads first 
 mentioned and none other shall lie the roads to he used hv his majesty's 
 subjects in passing and repassing on said North ])art of said Common, any 
 usage or custom to the contrary thereof notwithstanding. 
 
 And tlie Court having taken into consideration the situation of the 
 road now leading from the Camp llill through said Com-mon to I'oint 
 Pleasant, dotii, for the j)urpt)se of making said road more convenient, 
 order that it sliall and may be lawful to alter said road so as to bring it to 
 intersect tlie said road leading from Mr. Pyke's ropewalk at the corner of 
 Woodin's field. 
 
 And the Court doth further order that such of the inhabitants of the 
 Town of Halifax as may suffer from any injiUT which may be done to the 
 ])asturage of the said Xorth part of tlie Common, while the same shall be 
 used by his majesty's troops as aforesaid, shall lie compensated by being 
 
 fermitted to ])asture their cattle on such parts of the Military ground at 
 *oint Ploasanl as are not wanted for the immediate use of the fortifica- 
 tions. The Commander-in-Chief having conceded the use of the one as 
 an equivalent for the occupation of the other. 
 
 It is also directed that this order be copied on the back of the plan of 
 the Common and lodged at the office of the Surveyor General of the 
 Province, where all ])ersons interested may have access to the same. 
 
 The Court doth furtlier direct that this order for the regulation of the 
 Common of the town of Halifax shall be jniblishcd in the Royal Gazette 
 that all his majesty's subjects may be informed thereof and regulate them- 
 selves accordingly. 
 
 By the Court, 
 
 «th September, 1800, 
 
 (Signed) Tiios, Wood, 
 
 ('Icrh of the Peace, 
 Count 1/ of Halifax. 
 
 Haliiax, Nova Scotia, 15th, 
 The above copied from the Honorable Charles 
 
 Plan Surveyor General. 
 
 reliiti' 
 
23 
 
 Nova Scotia. 
 rrovincial Statute, 10 Geo. Ill, C. 4, 1770. 
 
 An Act for iif;(;ri.ATiNO the Comjions riu-onoino to the seveiiai. 
 Townships in this Province. 
 
 W/u'rea.i, it is necessary that sonic regulations should be made respect- 
 ing the tracts of land set apart for C'ommon, in the several townships in 
 this Pro\ince. 
 
 1. He it enacted by the Governor, Council and Assembly, — 
 
 That the Justices in their several General Sessions of the Peace, to be 
 held for the several Counties in this I'rovince, shall from time to time 
 affix and settle such regulations as they may think most proper and con- 
 venient to be observed and followed by the iidiabitants in the several 
 townships within such County, and such regulations so made, affixed and 
 settled, shall be, and ar(^ herel)y declared to be the stated rules to be kept, 
 observed and followed by the inhabitants of each res])ective township, in 
 regard to the Common belonging to the same. 
 
 2. And be it also enacted. That if any person shall transgress any 
 such rules and regulations so to be settled and affixed, or shall neglect or 
 refuse to obey the same, such ])erson shall forfeit and pay a fine not ex- 
 ceeding forty shillings for every such oti'ence, and in case such offender 
 shall refuse or neglect to pay the fine, then it shall and may be lawful for 
 any two of his majesty's Justices of the Peace, to grant a warrant of dis- 
 tress for levying the same in the usual manner, one half to be to the per- 
 son comjjlaining, and the other half for the use of the poor of the town- 
 ship where the offence shall be committed, and in dcf i of such distress 
 to commit such offender for any s])ace not exceeding ten days. 
 
 WIkmi the foilowinj^ rosolutioii was introduced : — 
 
 Ileso/cnl, That the ojjinion of his honor the Recorder in reference to 
 the rights of the military upon the Common, be referred to the Committee 
 of Common. 
 
 Passed. •■ 
 
 Extract of Nov. 12th, 1858 
 
 His Worsliip tlie Alnyor submits letter from .f. W. Ritchie, 
 [']s([., ot'fitii Nov., 1858, ou helialt" of iMajor-Cieiu'rai Tntllopo, 
 relative to the ('(Uiinion. The same is read ; 
 
 Halifax, Gth Xovembcr, 18">8. 
 
 Sir, — On the 9th September last I addressed you on the subject of 
 certain enclosures made by the Citv Council on the Connnon, within a 
 certain distance of the citadel in vujlation of the act of the Province. 
 Shortly after a resolution was enclosed to me, intimating that the subject 
 had been referred to the Recorder for his opinion ; since then I have not 
 
 
24 
 
 been favoroil wltli any t'lirthor reply. As I urn very reluctnnt to take any 
 Htt'ps wliicli may ocfasion expciisc to tlie city while there is any ])rospe('t 
 ot'u setllenieut of tlu' qiieslion wiliiout litif;;ation, I would ufifaiii call thi! 
 attention of the Council to my last k'tter, and shall he }j;lad to know wiiat 
 di'terniination they may come to with rej^ard lo it; mul if any douhl exists 
 on the mindH of the Councillors as rej^ards the correctni'ss of the view 
 taken by CJeneral I'roUopi', I would suf^gest that the case !)e entrusted 
 to the Judges for tiieir di'cision by whom tiu' ([uestion nmst ultimately be 
 decided, 'fhis can be done at comparatively small expense. Yom- early 
 attention to the subject will mucii ol)lif;e 
 
 Your obedient servant, 
 
 .1. W. RiTcniK. 
 His Worship the Mayor. 
 
 The foliowiiija; rt'soliitioii is next introduced: 
 
 W'/irrcas, 'I'he existing difficulties between the civic and military au- 
 thorities in reference to the Connnon have the eH'ect of obstructing^' im- 
 provements in that locality, 
 
 Tlnrt'l'in-c lic.tolrni, That the Connnittee of Common be authorised to 
 employ legal C'ounsel in order to assist the Recorder in settlement of th« 
 matter in dispute. 
 
 I'ussed. 
 
 llxTRAOT 01' l)Koi:Mni:K IUtu, 1858. 
 
 Read t'ollowiiij^ opinion of lloii. Win. Vouiig, relative to the 
 Coiumoii : 
 
 ill the matter of the llaliiiix Cominoii : 
 
 I have attentively considered the papers submitted to me by 
 order of the City Council and all the acts of the l*roviiice which 
 bear upon the occupancy and title of the Halifax (Jonnnon. 
 The orisiinal order of Survey, sij^ncd by Governor Lawrence, 
 March '-JSth, 1770, directs the chief surveyor "to measure and 
 lav out uiito tiie inhabitants of the I'eninsuhi of Halifax, two 
 hundred and thirty-live acres of Jjand lyin<>' in the township of 
 Halifax for a perpetual Common for pasturage for the sole use 
 and benefit of the said inhabitants." The return of same date 
 describes four lots as havinj!; been so laid out, and it was re<ii.s- 
 tered by order of the Governor as " a survey made for the Town 
 Common." Founded upon these documents a grant was passed 
 by («ov(M"iior IJelcher, under the seal of the Province, June 2;Jd, 
 17():.l, vesting in certain public ofhcers the above four lots with 
 five iicres more, making two hundred and forty acres in all 
 " said lands being surveyed, laid out and registered for a Com- 
 mon for the inhabitants of Halifax." All the crantees are lonjr 
 
i 
 
 25 
 
 sinco (lend, but tlu; Acts of li)(M>rporiiti()ii have transferred the 
 title of tliis as of other puhhc properties to the city, and no 
 rpiestion aw to the tilh; can arise. The provincial act of 1770 
 empowered the (ieneral S(;.s.si()iis in the sev(!ral counties to affix 
 and settle sueli rej^ulations as tli(!y mij^ht think most |)roper and 
 convenient to \n'. ohsiM'ved and followed by the inhabitants in 
 th<! several townships within such county, in rejj[ard to the 
 (>(tmmons belon^xiniL? totlui sauu;. When the lej^islature design- 
 ed to jrive larifcr powers in relation to j)articular (commons, 
 th(>y passed sjieeial a(;ts for that purpose, as in 17H9 for the 
 J)arlmoulh Toiumon, restrainiujx, however, any alienation of the 
 ('onimon field, an«l in IS03 for Difjhy (Jonunon, permitting a 
 part of it not exe,eedin<>; ttiu! third part of the whole to be 
 leased, such leases not to exceed the t(!rm of three years. 
 
 The iidiabitants of Halifax having thus been clothed with a 
 public right, and having enjoyed that right from the year 1763, 
 it may be sai'ely asserted that no power c«)uld deprive them of 
 it, exce|)t an a(^t of the FjCgislature. The crown had no such 
 power, and tin; Sessions of the Peace could regulate only, but 
 could n«!ither restrain nor take; away the rights of the inhabi- 
 tants. It is too chiar then to be denied that the General 
 Sessions in their order of Septend)er, li^(H), exceeded their 
 authority. They direct that in future, all that j)art of the 
 ('onimon of the town of Halifax, which lies to the northward 
 of \Uc road leading from I'yke's ropewalk, (being the present 
 s|»ring garden road,) lu-ross the sjiid ('(unnion shall and may 
 be used tor the purpose of exercising and encam|)ing his 
 majesty's troops tliereupoti, when and so often as the Com- 
 mander-in-chief of his majesty's forces in the Province of Nova 
 Scotia, or tlie (commanding ofTicer of his majesty's troops at 
 Halifax for tlie time being shall tliiidi necessary, except so 
 much tliercoi' as shall be ne(;essary to furnish highway, for 
 I lie passing and re-passing of his majesty's subjects. The 
 part of the C(unmoii so described comprehends about one 
 hundred and sixty acres, leavini>' aliout eighty acres to the 
 south, and on the face of it the order admitting that it may, as 
 it could not but injure tin; inhabitants in their rights of 
 |)astur#ge, ])rofesse(l to find a coni|)ensation therefore in the 
 concession by the Commaiuler-in-chief of certain military 
 grounds which the inhabitants, as it is stated by the Recorder 
 have never been permitted to use. I have no hesitation in 
 declaring that this order, however well intended at the time, 
 was wholly illegal, and conferred no right however on the 
 military authorities to the injury of the inhabitants. Had the 
 whole north part of tho Coirmion however been fenced in, or 
 4 
 
 
 r.'J 
 
 ^.-=»Ji» 
 
26 
 
 exclusively iisrd and possessed siiiee the date of the order lor 
 military jmrposes, I incline to think that the title havin<^' passed 
 out ol" the Crown to trustees, tlionfjh for a jdiblie use, would 
 have been ati'eeted hy so lon<>' a ])reseription ; and therefore I 
 think that the military authorities, indejieudently of any act of 
 the liegislature, have ac(piir<Ml a ri<j;lit t(» the use of that part 
 of the Common t(» the north-east which they have actually 
 improved and j)ossessed. The more extended claim recently 
 8et up to all the land north of the burial t>'round, L understand 
 to be founiled, not so much upon the aji'reement or order itself, 
 as on the Leifislative restrictions of which it is said to have 
 formed the basis. Now it may be conlidentiy answered that 
 not a single act recojiuized this order as l)indin<i', or admits the 
 claim of the military authorities t(» the extent whicli tin; order 
 conferred. "The first act of 1HI8 (afterwards disallowed by 
 his majesty,) authorized the leasin<>' of certain lots, ])art of 
 which lay to the north of sprinjf jrnrden road, and were 
 therefore an encroachment on the limits of the order. "The 
 acts of 18'21), 18;J0, (the last of wiiich amendiuir the first was 
 specially confirmed by his majesty in 1832) permit the <>rantinfr 
 of leases to the extent of one hundred acres, there bein<>' only 
 eijihty acres south of sj>rin}i j^^arden road, and direct that lots 
 for public cemeteries. Bridewell or any other |)ublic pur])ose, 
 which may be considered useful and beneficial to the inluibi- 
 tants, may be aswij^'ned by the commissioners of the Common, 
 and so held and used with the approbatiim of the (iovernor in 
 Council. These lej^islative acts are totally inconsistent with 
 the order of 1800, or the claim now advanced, because one 
 hundred acres of the Comnum could not be leased, nor could 
 lands be appropriated thereon for j)ublic cemeteries or persons 
 without takin<>' a considerable part of the in»rth part. 
 
 The leases iimler the act of 1818, confirmed by that of 1830, 
 lay in part to th.e north, and therefore when tin; act of 18'29, 
 which is the first reco<>iiition of the military riyht, declares in 
 the 13th section that "nothin;>' in this !.ii contained shall 
 extend to the north part of said Common used as an exercisin{>" 
 "•round for his majesty's troops," it is obvious that this reserva- 
 tion is confined to the portion already indicated at the north- 
 east corner. The acts of 1833, 1837 and 1843 in relation to a 
 public cemetery, the latter iiivin<>' it its present boundaries, are 
 all lejiislative assertions ol' a ris>ht iiuhipendent of the order of 
 of September, 1800; and the act of 1834, in reserving; "the free 
 and uninterrupted use at all times, and in such way and for 
 such purposes as may be requisite by his majesty's troops, of 
 the north part of said Common now used and known as the 
 
27 
 
 «'xercisiii;j «>;r(Miii(l for the siiid tr(i(»|»s," wliicli it is ntldcd "shall 
 coiitiiMK; to ho iist;(i as such tfXL'icisitijr i>roiiiKl as heretofore," 
 |>laii)ly relVtrs only to the ex(!rcisiiii>' jrroiiiid at the north-east. 
 VV'lien the incorporation acts theref»»re vestetl the Common in 
 th(! city, suhject, nevertheless, to the ri<;hts and jtrivileffes of 
 her majesty the Queen retained therein, I caiuiot brinjr myself 
 to donht that tiiesc! ri^jhts and privilejfes were intended to he, 
 and \v(!re in fact limited to the fjrant of twelve acres hy the act 
 of |8;{0, the special provisions in the same act ajjainst the erec- 
 tion of hiiildinjis or permanent fences within six hundred yards 
 of the fortilication, the fjrant under the act of I8;{1), and the 
 use of the exercisinfj jiround, as tiieu actually occupied. 
 
 The rijjht of erectin<j wooden fences within the six hundred 
 yards, uiuler tlie act of ISIJO, has heen lost under the IJd section 
 of chapter 5th of the corporation act of 1851; hut if the omis- 
 sion as has heen sngj^ested was purely accidental, the Legisla- 
 ture I presume will rectify it. The lar«|[er (piestion which I 
 have discussed is obviously of j^reat importance. The jyeneral 
 commij..idiu<r, in the assertion of what he holds to be the rif^hts 
 of the war department or of the crown, while "he will not at 
 present interfere with certain of the enclosures within the limits 
 ab(»ve referred to," — that is, all the enclosures north of Spriiiff 
 (larden rf)ad, or at least all enclosures to the north of the road 
 leadinji' to the (!ast centre of the burying ground, " will require 
 the removal of all the fences to the north of the burial jjrf>und 
 which surround the two trianjrular fields or enclosures and those 
 on windmill or camp hill," and he has ])roceeded to diff up and 
 level the spot that was to have been leased to the cricket club. 
 How this claim is to be upheld hy the crown, in the face of 
 the numerous le<>islative acts to which the crown has assented, 
 I am at some loss to apprehend ; but there is no doidit tliat the 
 claim will be earnestly thou<>h courteously urjyed, and in my 
 Judfjfment it ou<'ht to be firmly but courteously resisted. 1 
 would su^iii'cst then to the council, either an address to the crown 
 which may hrinjf relief by an order from her majesty, or an 
 action for the trespasses already C(»mmitted, when the whole 
 matter, after the extent of the use and other facts sliall have 
 been ascertained by the findinjr of a jury, will be argued before 
 the supreme court, and finally adjudicated. 
 
 W. YoiN(i, U. C. 
 Halifax, IVovember IJO, 18.58. 
 
 When the followinj;- i;esolution is next introduced: 
 
 Resolved, That the ro])ort of the committee of Common as submitted 
 by the chairman, on the lOth day of December, 1858, be received, adopt- 
 ed, and published for the information of the citizens. 
 
 M 
 
 It 
 III 
 
 m 
 
 4 
 
28 
 
 REPORT. 
 
 Tlie coiiiiiiittee ol" ('Oiniiioii l)(;«i to ie|»nrt, that in ncrord- 
 aiicc witii tile intciitioii wliicli tiiis (-oiiiicil has ucti-d iijioii tor 
 several years, ot" draiiiiii!; anil otherwise ini|iroviii<jf the Com- 
 mon, the committee, haviiii^f the same end in view, during;' the 
 past Slimmer leased some portions of tiie Common lor a term 
 ol' years, not donhtiiiir that they possessed lull power and 
 Jiutiiority to jiive and execute any sneli leases. On the 7th ol' 
 •Inly last this eomplaeent leeiin^ was distiirhed hy the receipt 
 of a lett(!r Irom .1. N\ . llitehie, l)s{\., on heliail" of Major-<f(!nc- 
 ral Tr(dlo|te, claimiiif>' tor tin.' military auliiorities the use ol" 
 one ot" the lots leased by the committee, and also (d" s((veral in 
 closures previously made. 'I'lie claim thus iiiiexpeclcdly set up 
 by the ]Major-{>eneral eommaiidiii"; led the committee to an in- 
 vestigation of the legal acts and documents r ''"erring to the 
 Common, the results of which investigation were emhodied in 
 a report which was suhmitted to the <-ouncil on the lOth ol' 
 August ot" the present year. It is satisl"act()ry to state that the 
 views adopted in that ri^port agree in siihstance with the opinion 
 of his Htmorthe Recorder, and have since heen ("iirther strength- 
 ened by the eoncurrenee ol" the Hon. William V'ouiig, (iueen's 
 Counsel. 
 
 The committ«!e had hopes that the moderation of their 
 statements would have prevented further o|)position; hut as 
 they have been disappointed in that expcctaticni, and Icual steps 
 have become iiievitahle, it is now necessary ti> ex|)lain wiiat the 
 demands of the 31ajor-geiieral really are. 
 
 By the revised act of incorporation oi' l"^;")!, section -i, it i> 
 declared that *' no person, shall ]Mit up any building, i"cnce, or 
 other erection, within \!-^0<) feet of the fortress on citadel hill, 
 without the ])ermissi(»n of the commander-in-chii.f of her ma- 
 jesty's forces ill this pro\ince." \V hat<'ver portions, therefore, 
 of the present inclosures on the (\)mmoH may happen to he 
 within the reserved distance oi' (itll) yards, or so placed witliout 
 the permission of the (jeneral commanding, must be allowed to 
 be in contravention of the act of lr^-")l. 
 
 With regard to this part ot" the (piesiimi, liowcxcr, it must 
 be observed : 
 
 1. That every nc! of the leuisl.ilurf. i cic,rii!>;' to the Com- 
 iiiun, previous to is.Sl. ex|>res^ly permits thv erection ot" feiu'es 
 of wood, even within the re'served distaiic»; ol" tiitit yards. The 
 words invariably used are, •' except fences (d' wood." 
 
 2. Though it does not af)pear that permission was asked ol 
 the General commanding for the erection of the present fences, 
 
29 
 
 y»'t it caiiiH)! Ik; doiililfd tliiit «'ii(;l()snrc.-i wcii' iiiiuh^ uitli tlic 
 lull coiriii/diuM; of tli<- iiiililaiy iKitlmritifs, iiiul uitlioiit rciiioii' 
 Ktraiicc or ctbjiH'lioii (rniii any (jiiartor Hliati'v«!r. 
 
 is ('(jiially clear that no portion of tlu: inclo^'urcs lmi' 
 
 :{. It 
 
 fioaclics upon lliat part ot' tli*' Coninion wliicli tlir coniniitttM' 
 
 rontcnu ha^s always Immmi Known an<l nsrd as tin; ••xcrcisinfj 
 ji'ronnil, — namely, the nortli-caslorn pari. 
 
 •I. It is tlic I)«'IkI' oi" tiic coMiMiittrc lliat the r(!.strii'tion liad 
 rrlV'rcMcc mainly, if not solely, to a time of war ; and it is need- 
 less to add, lliat in sn(di an e'Vi-nl, tlie eiti/ens would ciieerrullv 
 an<l promptly remove not only all I'enees hut every oilier impcidi- 
 ment wliieli the exificney ol' the eas«' mijilit rcfuiire. 
 
 I'rom th<' tore<;oino' ol).:<rvations the committee inCer that 
 the words, '• exce|»t fences ol" wood," were accidentally over- 
 looked in the act cd' l"*oi ; and th(;y recommend that tiie coun- 
 cil shoidd petition the lejiislatnre to amend the act l)v rt;slorinjj 
 the words thus inadvertently ondtted. 
 
 The restriction relbrrin<r to the OilU ytirdn is, however, but 
 a .snnill and compa:'ati\<dy insiunilicant part of the claim, now, 
 lor the first time, |)ut forward In tin; military aulhorities. From 
 the correspondence between his Worship tli;- .Mayor and Mr. 
 Kitchie, it will appear that the Major-jiciK-ral re(pMres tlu; re- 
 moval of all fe!ic«> to the northward of the cemetery, and, in 
 fact, claims lor the ur-(! ol'the troops the whole of tin.' Comnioii 
 north of i^prini;' (iiirdi'ii road. '^I'lie dfx'ument upon which this 
 preposleiDus c laini is founded dates a. d. ISOW, in which year 
 an order was issued by the <!:eneral .sessions, iirantinj:- to his ma- 
 jesty the Kinii the use cd' the Common for an encamping' and 
 exercisinji' jironiid, and detiiiin<i' the bounds of the same. 
 
 It is admitted by the jMajor-fi'eneral's |e<ral adviser that an 
 order (d' the ma^iintrates in sessions gave no le<ial rijj^ht what- 
 ever, as they had no power to ,'iiv(; any su»di rij^ht, — and so far 
 there is no ditVereiice ol" opinion. IJut it is contended that sub- 
 setpient recoi>iiition (d" thi.s document as a basis of lejiislation 
 ji'ave it a value (Mjuivaleiit to an act of the le<ii!-latiire. Leaviiij; 
 the subtleties ol" this point for discussion by <>entlemen leiirned 
 in the law, the committee feel it their duty to i>ive what they 
 conceive to be a jiisl and practical view of the <|uestion at 
 issut,'. 
 
 TIh' orijiiiial grant from the crow ii in I7(i8, gives the whole 
 (.'ornmon of '.240 ;icres to the inhabitants of the town of Hali- 
 fax, as a place of pasiurage for ever. But it appears that at 
 some earlv jieriod — in the Duke of Kent's time it is said — the 
 military authorities cleared and levelled a portion (d' the Com- 
 mon for an exercising; ground. Xow, the terms employed in 
 
 m:M 
 
 Bm 
 
 1^ 
 
 
 jl 
 
30 
 
 tlic (liircntiit acts rr'ferriiiff to the Coiiiinon, wlicrcvcr occurring', 
 evidently point to tlic nortli-cast cud as the purtioii tliiis cIcartMl 
 and occupied, Iteinij: tlie same part, in I'act, wiiicli lias been iiscid 
 from the time of elearinji' to the prescMit day. The alhisioiiH 
 found in papers and docunients I'eferrin;^ to tin; Connnon, ex- 
 
 actly correspond w i 
 
 th tl 
 
 le "cneral 
 
 in|)ressions and rectulec 
 
 tions of the inhaliitants, of whom many now livinjx can tcHtify 
 that no part hasevtfr heen used for an (!xercisiny jrround except 
 the part still used for that purp(»se, the remainchfr of the (^'om- 
 mon, u}» to a very recent |»eriod, l)eiM<> for the most part, an 
 unsiirhtly morass covered with water, and totally unsiiituhle 
 either for encampinf; or for the evcdiitions of troops. 
 
 When the ma;;istratcs in the year IS(K) <>ave nearly three- 
 fourths of the Common for military [lurposes, some faint idea 
 of the absurdity and injustice of the transaction appears to have 
 occurred to them, as they stipulated for a part of the beach at 
 Point Pleasant, which was to be considered an erpiivalent for 
 the rij«ht oi' [tasturajie of which they were deprivin<»' the inhabi- 
 tants. The (Mpiivalent, however, such as it was, was never en- 
 joyed, and indeed, until recent exj)lorations had discover((d tlie 
 document in which it was mentioned, was unknown to the in- 
 habitants. 
 
 In I81S, by an act of the legislature, a portion of the (.'oiu- 
 nion was laid off in lots and leased. The act was sultserpiently 
 disallowed, but some of the leases — bein;^ part of the Common 
 now claimed by the military — remain uiulisturl»ed to this day. 
 
 The act of IH'iJ) reserves the "north part" of the Tomnjon 
 to her majesty's use, but permits the <>rantin;r of leases, and 
 enacts, that no more than I'll) acres sliall be <fraiited at any one 
 time. If the order in ses^nm in ISOO was of any value, this 
 act of iS'il) was an anomaly : for the order of 1801) bad previ- 
 ously conceded the whole of the Common to the north of Pyke's 
 bridii'c — or about 1(>I) acres, leavinji' oidv 80 acres, outof \\hi(;h 
 80 acres, the act jrave permission to <;rant leases " not exceed- 
 in<]f 100 acres each." 
 
 The act of I8;J0 states that lots may be leased "for public 
 cemeteries (jr any other public purposes that may be considered 
 useful or benehcial to the inhabitants." The committee submit 
 that a cricket jiround com«!s fairly within that category. 
 
 It is also to be observed, that, with the exception of the order 
 in sessii>ns, which is the firand source and fountain of all the 
 trouble, the rights of tla^ military are not mentioned in any act 
 previous to that of 1829. 
 
 In the year 18:};}, 20 acres were set apart for a cemetery on tlie 
 summit of camp hill, but the general commajiding having object- 
 
31 
 
 rd, rill tlio <rroiiii<l tlint llic spot iiii<f|it hv rofjuirrd (or inilitnrv oc- 
 fiipatioii ill tiiiii; ()(' war, the citi/ciis, tlioii;;!) tlicy "tuid incurred 
 the expoiisc! (if fciiciiijj, ackiiowlcdjfcd the ' 'oiiahlciit'H.s ol the 
 <»l)j<'ctii)ii l)v rciiioviim: the criiK'tcry fiirllM'i .» llir soiitlnvard. 
 Had tli(; war <l<'|)artiiiciit, at tliat time, lict'ii awart- (it'tli<> ri<r|its 
 now claimed, without (huiht a (hnVrent course wcaihl luive hucii 
 pursued on that occasion. Since that time the mihtarv authori- 
 ties have soiifflit and ohtained possession hy anotlier arrange- 
 ment of the lUisired part of camp hill, whicli, if there was any 
 validity in the order of sessions, they mi<ilit have claimed with- 
 out iiny new arran;ji«!nient. 
 
 In addition to these instances in which the provisions of the 
 order in sessions of |S(H), have heen ^!ariiii>ly disre<iarded, it is 
 within the knowledjie of the eiti/ens, that with the exception of 
 the iKH'th-eastern portion, so frecpieiitly alluded to, the military 
 authorities h ive never made any ellort to drain or level any 
 part of till (Common, nor have they iiitherto |)reseiited any oh- 
 stunles to th(^ various iinprovemeiits which have heen carried 
 on hy tlu! ('itizens for a series of years. In the c(»nrse of these 
 operations, the citizens have expended many thousand pounds, 
 and iiave incurred a deht which the produce of the fields re- 
 claimed is (gradually reducin^r, l)ut whiidi will prohahly remain 
 H perpetual hurdcMi if the inelosiires he removed. 
 
 Finally, the committee maintain, that th^' space allotted to 
 the military as des(;rilied in the rescdiitions whicii aceompany 
 tlie report of 8th Au<>ust, is <ireater than the space oritfinally 
 cleared and used hy them. Indeed it will he found that the 
 spa<'e reserved for tlie u.se of her majesty's troops emhrnees tlie 
 whole of the ancient exercisin<i; ••round, and adds a eonsider- 
 ahle areaof ho<^, which up to this time the military have neither 
 levelled nor cleared. The presumption is, the additional space 
 has not heen needed. 
 
 From all these considerations, the committee, havinj^ heen 
 interrupted in the execution of their plans, and cmiscieiitioiisly 
 heli(!vinji: that the citizens have riji'ht on their side, herehy re- 
 commend his Worship the Mayor to enter an action, in the 
 name of the corporation, ajuainst Major-jieneral Trollope for 
 trespass, in order that the cpicstioii may he arj^ued and settled 
 hy a verdict in her majesty's supreme court. 
 
 All of whicli is respectfully suhmitted. 
 
 John A. Bei,l, Ckainimn. 
 Halifax, 10th Decemher, 1H58. ' 
 
 *m 
 
 
 J 
 
32 
 
 KxTBACT OP Janiauy 17X11, IHoO. 
 
 Ili< Wdisliip the Mayor sulmiits ami reads ii hitter fr(»iii 
 .1. \\ . Kileliie, li.s(|., on luiliull" (tf .Major-jieiieral Trollope : 
 
 IlAl.ir.W, 'JMtll D.'fenilxT, lN,-)8. 
 Sir,— I li;ivi' luiil till' honor on st'vcral occasions of addrossin;; von on 
 the Nnl)j('('t ol' tlic (litroronce whicli exists heiween the military autlioritioa 
 and tile cily conntil, rej^ardiu;^ tiie ConimoM. Imt I liave liithcrto t'aihnl to 
 elicit iVoiu liii cily council any dclinite answer to ni_\ re|ieatL'd a])i)licati()ns. 
 (ieneral 'i'rollo|)e t'ei'U called upon to have tlie mutter ledniti'ly settled. 
 I siionld pri't'T to know what the determination of the city council is on 
 the sui)ject before involving the city in liti^^atiou, and if recourse to law 
 shoidd Ijecomi' necessary, as tlie ipiestion '.'t issue is men ly a lef,^d one. 
 
 I liave already snf{gested the propriety of h'.ivin/;' a case maile and 
 argued ln'fore the jud;,'es of tiu' su))reme court, to whi''li proposals no re- 
 ply has been f^iven. 'i'lie military authorities have tlu'refore no alternative 
 lei't tlu'm tiian to have the fences which have been erected in violation of 
 law moved without further delay. Hut f cannot help thinkiuf^ that it 
 would l)e better if tiie ([uestion were first settled In th(; waj' 1 have 
 proposed. 
 
 Your obedient s(>rvant, 
 
 J. M\ lllTCIIIE. 
 His Worship the Mayor. 
 
 His Worsliip ill*' >ray()r submits and reads a letter from the 
 ehairman of coiriniittee of ( Omnion lit connection tlier(.'\vitli : 
 
 IIai.iI'.w, L'Ntli December, IM.IS. 
 
 l)i;.\ii Sui, — His I'jXtellency the Lieut, (iovernor having,' expressed hi.i 
 anxiety that the dispute l)etween the "itizens and tiie military authorities 
 in reference to the Con • on might lii.' ;imicably arranj^ed, 1 iiave oidy to 
 say on behalf of the couimiliee that we all share that anxiety, and would, 
 if possiljle, avoid liti;;atioii. 
 
 The committee at present see no reason to deviate from the views sid)- 
 mitted in tiii.'ir report, but in deference to the wishes of his I'Acclloncy 
 they are williufr that your Worshij) should delay the commencement of 
 le^al proceedings for a short time, in the hope tiiat some arranfji'mcMit 
 mijrjit be proposed, which they mij^ht consid(;r tiiemselves at lil)eriy to ac- 
 cept without di'triment to the rij^hts of the citizens. 
 
 (Signed on behalf of the committee of Common), 
 
 Jonx A. Bell, Chdinnan. 
 His Worship the Mayor. 
 
33 
 
 Mayor's Okfice, 
 
 Hamkax, 29th December, I 
 
 )« 
 
 Sir, — ! have commmucatcd your IcttiT of the 2Htli instant to thr ...ir- 
 man of tho conunittei', and to the counHcl for the city, and as we luicoive 
 it is imnossibh' to reconcik' the contending? chiims ot' the city council and 
 the inihtary aiitlioritios to tlio use of the CVnnmon — a suit in some shape 
 appears to lie unavoiihihle. The council would readily accjuiesce in your 
 proposals, and have a case stated for argument before the supreme court, 
 were it not flip.t certain facts as to the ancient state nnd use of the Com- 
 mon are in dispute, which will have an important bearing on the question 
 of lc;i;al ri}i;ht. For the jjurpose of ascertaining these facts an inquiry before 
 a jury seems indispensable, and if the Major-general shall instruct you to 
 admit the fact of his having exercised his alleged right, so as the main 
 question shall not be defeated by mere techiucalitics, the city will request 
 you to accept service of a writ, to which tlie right can be pleaded in such 
 form as the military authorities may think fit. 
 
 In the meanwhile j)ermit me to say that 1 should be sorry that the 
 fences inclosing fields in which large sums have been expended shouhl be 
 removed, at all events till the right is determined. 
 
 I have the honor to be, sir. 
 
 Your obedient servant, 
 
 J. \V. Ritchie, Esq. 
 
 Hknky Puyor, Mayor. 
 
 Hamfax, 17th Feb'y, 1859. 
 
 Sir, — In your letter to me of the 29th of December last, you say that 
 you perceive that it will be impossible to reconcile the contending claims 
 of the city council and the military authorities to the use of the Common 
 without a suit in some shape, and that if the General will instruct me to 
 admit the fact of his having exercised his alleged right so as the main 
 question shall not be defeated by mere technicalities the city will request 
 me to accept service of a writ to which the right can be pleaded in such 
 form as the military authorities may think fit. 
 
 1 am now authorized to make such admissions as will fairly bring the 
 question for adjudication, with the understanding that no mere technicali- 
 ties shall be urged on either side. It will therefore be admitted that the 
 General has removed some of the fencing on the Common erected within 
 the distance of six hundred yards from the salient angles of the fortress, 
 and that he has exercised the troops as a matter of right on all that part 
 of the Common situate to the north and east of the cemetery. 
 
 'riie military authorities have no desire that the fences should be re- 
 moved till the (juestion is decided by the court ; they think that they are 
 legally entitled to the privileges they claim, and that the privilege is of 
 great iniportance to the proper exercising of the troops in this garrison, 
 
 
 {'Mi 
 
 m^ 
 
34 
 
 but tlu'v nrt' fur from di'siriuft to occasion the city nnv miniTcvNnry incon- 
 vi'iiii'iicc, anil would (IcHirc to have tiic (|ii('stioii raiHcil uiid diHciiNNi'd in 
 t)io tnoHt courteous Hpirit. 
 
 I hiivu tlu' honor to l)i<, 
 
 Your obt'diuiit Ncrvuiit, 
 
 J. W. UrrciiiK. 
 Tlis Worship the Mnyor. 
 
 Mayor's Di kick. 
 
 HaI.UAX, liNlh IVh'y, IS.jO, 
 
 Silt. — The admissions suf'j,'csl('d in your letter of the 17th instant on 
 h(']\alf oF the (iiMieral would re(iuire to t)e soinewiiat niodilied, and if tjie 
 counsel on holh sides aciiuiesce, tlu'y had lu'tter i)e reduced in writinjf. 
 1 would heir, therefore, to propose u nu'etinj^ of the counsel for the city 
 wilii yourself, f(n' that pnr|)ose. The city do not intend to hrin^,' suit 
 for reniovinn' fences within the six hundred yards, as tiie law now stands, — 
 und lliey complain not oidy of the troops iiavin;? heen exercised as a matter 
 of rij^hton all that jiart of the Common situate to tiie nortli and east of the 
 cemetery, hut of the military authorities having; employed men to hreak 
 the soil and di^f on that part of tlu' Common wiiicli lies to the west of the 
 present exercising' ground, and was intended for the cricket club. 
 
 I have the honor to ho, 
 
 Your t)l)edient servant, 
 
 llKNUY PUYOU, M(ll/nr. 
 
 J. W. Ritchio, Esq., &c. &:c. 
 
 Hai.iiax, 28th Feh'y, 185!). 
 
 SlU, — I cannot conceive in what res])pct the admissions I informed you 
 I was ])repared to make on the part of the (ieneral re(|nire moditications, 
 tiiey were In trn'tiiii/, as you are aware, and they fully admitted that he 
 had exercised liie troojis as- ii/' riifhl on the whole of the Common north 
 und east of ihe cemetery, and tliat he had taken down jjickets within six 
 liundred yards of the salient angles of the citadel. The latter riffht, 1 
 now nntlerstand, the city concede to the military authorities, which I was 
 not aware of when I last addressed you ; by liie ailinission I have made 
 the formi'r claim may now i)e contested. 
 
 I was not authorized by MaJor-f,a'neral Trollo|)e to make any admis- 
 sions with reference to l\w breakinj; of the soil on tliat ])art of the Com- 
 mon which tiie city propose to lease to the cricket elul), — indeed, I imder- 
 stood from him that he had never given orilers to that ett'ect. I shall, 
 however, be very hujjpy to meet the counsel for the city on the subject. 
 
 1 have the honor to be, 
 
 Your obedient servant, 
 
 .1. \V. UiTCHii:. 
 His Worship the Mayor. 
 
 J. W 
 
36 
 
 UlX'U.lUK.rs Ol lUK, 
 
 Uamiax, '2\n\\ March, \HW. 
 
 Siu, — llw hoii. Mr. YouiiK niul ni\Nelf, un cuuiinoI tor thi> city in the 
 i|Ui'st.iou raiHi'd liy tlii' iniiitiuy coiinnaiKlt'r alioul tiii' ('(itiitiioii, liave ad- 
 vised tlu> t'otiiinittt'O of C'diiiiiidii, tliat tiii' cit) .sluadd, willioul delay, cri'i't 
 a loaci' oviT hoiiu' part of iiorlli-wi'st ('oinmoii, licynnd tlic distaiu'i' ot' (i(H) 
 yards tVoiii tin; lortrtss. 'I'IiIh will he a practical aNHiTtioii of tlic city 
 rif^lits in that (|iiarlt.'r, and we di'cni it prul'mihln to any arran>,ftini'nt.s or 
 adnii.sHi(jnN that have hcun Mi^^cstcd. 
 
 As you have hccii in corrcsiKindi'ncu with Mr. llitdiio on this Hnhjoct, 
 it may la' us well yon should iid'ortn him of the intcntionit ol' thu corpora- 
 lion ii' tluy meet your approval. 
 
 1 havu thu honor to ho, 
 
 Yourn roMpcftfuUy, 
 
 BlOAMisii MUKDOCh, itecorder. 
 Ilia Woruhip thu Muyor. 
 
 Mayor's Oiik i;, 
 Hai.IIaX, UOlh March, IHJi). 
 
 Sin, — I herewith inclose you a li'tter received from his Honor the 
 llecorder, relating to the question of the Common. 
 
 1 remain your obedient servant, 
 
 llKMlY riiviJli, Maijur. 
 J. W. Uitchio, J:.sq., .}y;c. \:c. 
 
 Mayor's Oitick, 
 IIai.max, oth April, 18.39. 
 Sill, — With reference to your note of the L'nd instant I am advised by 
 the counsel of the city, that the proposed anan;;enients as to the. action 
 would only end)arrass them al the trial — that it is better therefore for i)oth 
 ])artie8 to waive any ai^reement or understandinf;s, and for the city authori- 
 ties to exercise the rifjlit they claim, by erecting,' a fence, with wiiich the mili- 
 tary authorities may deal as they shall think lit. If it be removed the city will 
 thereupon bring its action that the (pieslion at issue may be finally tested. 
 
 1 am, sir, your obedient servant, 
 
 IIknky PliYou, lUai/or. 
 J. VV. Hitcliie, I'iSq., Sec. &c. 
 
 Hai.iiax, 2nd April, 1859. 
 Sin, — I received your note inclosing that of the H(!corder to you of the 
 'i!)tii tdtimo, and in re])ly beg to say that I will as far as possible meet the 
 views of the counsel tov the city, so as to enal)le both jiarties lo ^et the 
 tlecision of the court on tiie (juestion at issue with as little expense and 
 relieved as far as possible from uU technical objections. 
 
36 
 
 li, therefore, it be the intention of the city authorities in muking the 
 suggestion, that the question really in dispute he raised, I have no obj'ic- 
 tion to the course pro])osed, — but it must be distinctly inderstood that the 
 military authorities claim no authority over the Conimou beyond the 600 
 yards from the citadel, except J'or ]>tiriwst\s a/' cxercinimj or iiiru»ij)iiii/ 
 the troops, and therefore they would not be disposed to remove anything 
 which might be placed there by the city authorities unless it interfered 
 with this, and it might possiblv be urged by their counsel on the trial that 
 the erection of a few panels of fencing did not interfere M-ith such right ; 
 if, however, it is understood that the real (juestion at issue is to he tested 
 in the proposed action, these matters seem to me to be of very trilling 
 importance, and I am not disposed to object to the course the llecorder 
 suggests. I cannot helj), however, adding that, assuming the desire of both 
 parties to be merely to ascertain their legal rights, the previous arrange- 
 ment seems the most unobjectionable. 
 
 Your obedient servant, 
 
 His Worship the Mayoi'. 
 
 J. W. Ritchie. 
 
 Mayor's Oifk (•;, 
 Halifax, 27th Ajn-il, 18.59. 
 
 Sir, — In answer to your note of 19th inst. on behalf of Colonel Nelson, 
 relative to the fences on tlie Common, I beg leave to state that I caused a 
 council to be summoned for Monday and Tuesday last for the purpose of 
 taking the same into consideration. The council did not meet — so soon 
 as they do you will be officially informed of their decision. 
 
 I am, sir, yoars truly, 
 
 Hexry Pryou, Mayor. 
 J. W. Ititchie, Esq., ike. (K:c. 
 
 Extract of April 2Utu, I8<V,t. 
 
 Read letter of J. W. Ritchie, V.^i\.., of lUtli April, l!*;.)!), on 
 behalf of Colonel iNelsoii — relative to treiicii on Coninioii : 
 
 Halifax, 19th April, 18.59. 
 
 Sir, — I have received from Colonel Nelson a letter, in which he says, 
 that as no arrangements have been made by the city, regarding the claim 
 of the military to the use of the nortii side of the common, he requested 
 me to give immediate notice to the corporation that unless the fences 
 round the different inclosures are removed on or before the seventh of 
 next month, they will be taken down by him. 
 
 I have the honor to l)i.', 
 
 Your obedient servant, 
 
 J. W. lllTClUK. 
 His Worship the Mayor. 
 
37 
 
 Council next jiroecodetl to tuke into conr^^idiM'tition letter oT 
 .]. W. Ritcliie, \')»i]., on l)eliiilt' of Colonel NeLson, relative to 
 remf)Vfil of fences on Common. 
 
 Read variouM comnuinicati(»nis up to ITtli .September, 1858. 
 
 Read report of committee of Common of l.'jtii December, 
 us publislied. 
 
 Read letter of .1. W. Ritchie, Titli JNOvember, as entered. 
 
 Read letter of J. W. Ritchie, '2Hth December, as entered. 
 
 Read letter of Mayor of 2i)tli Decend)er to J. W. Ritchie, 
 as entered. 
 
 Read letter of committee of Connuon of '2Hth December, 
 as entered. 
 
 Read letter from Mayor to .1. W. Ritchie, relative to break- 
 ini>' u|) of Common, as entered. 
 
 Read letter from Mayor to .1. W. Ritchie of oth Ai)ril, re- 
 lative to same. 
 
 Read Mayor's letter of '27th April, as published. 
 
 Read following' report of committee of Conimon of 21)th 
 April, 1859: 
 
 The committee of Common beg to report, that in accordance with the 
 ai^.vice of Messrs. Young and Murdoch, counsel for the city, they have 
 caused a fence to be erected upon a portion of the north Common, beyond 
 the limit of 600 yards from the salient angles of the fortress, and within 
 the space allotted to the cricket club. The same being part of the space 
 claimed by the military authorities as exercising ground, sucli fence being 
 erected as a claim and exercise of right on behalf of the city in opposition 
 to the aforesaid claim of the military tuthorities. 
 
 (Signed) JoHX A. Bkll, Cltainnan. 
 
 Halifax, 29th April, 18i3y. 
 
 Offick of City Clkrk, 
 
 Halifax, 30th April, 1859. 
 
 Sir, — Your letter o*' 19th April, on behalf of Colonel Xelson, relative 
 to the fences on the Common, having been submitted to the city council, 
 I am directed to transmit you the accompanying proceeduigs. 
 
 I am, sir, your obedient servant, 
 
 James S. Ci.auke, Citij Clerk. 
 J. W. Ritchie, Esq., kc. &c. 
 
 Halifax, 14th May, 1859. 
 
 My dkak Ritchie, — •! understand that on Monday last, the 9th inst., 
 the piece of new fence, put u]) by the city beyond the drain on the north 
 Common, on the piece cf ground intended for the use of the cricket club, 
 
 m 
 
 
 m 
 
 ^■■'%4 
 
38 
 
 xvas pulled down by soldiers of the jijarrison, and that at the same time a 
 lai'f^e portion of tlie fences that inclose the improved triangular field on 
 the north Ct)nimon was ])ulled down also by soldiers, at an early hour of 
 mornin},', and tliat the latter fences havlnf;been partly replaced have again 
 been j)ulled down by soldiers. My present object is to ascertain whether 
 you will give me a distinct admission in writing on the part of jour client, 
 General Trollope, to the inflect that he has ordered and caused the pulling 
 down of these several fences above mentioned. If he is willing to do so 
 it will of course simpHfy and exijedite the ncccssai-y stejjs to bring his 
 right to do these scerul acts of trespass before the judgment of the 
 supreme Court. 
 
 I remain, yours ever sincerely, 
 
 Beamish Muhuocii. 
 J. W. Ritchie, Esq., Barrister-at-Law, &c. &c. 
 
 P. S. — I have just received a note from Alderman Bell, a copy of which 
 I inclose. B. M. 
 
 to 
 
 My DKAii SiK, — Will you be kind enough to see Mr. Ritchie and get 
 from him the necessary acknowledgment in icritiiic/ in reference to the 
 removal of the fences on the Common. You understand what is required 
 
 We are to have a meeting of Council on Monday, and I would like tc 
 be able to state that the matter was in proper train for a suit. 
 
 Yours sincerely, 
 1 J. A. Bell 
 
 His Honor the Recorder. 
 
 Halifax, 14lh May, 1859. 
 
 My dear Sir, — In reply to your letter of this day's date I bt.-g to in- 
 foi'm you that on jVIonday, the 9th inst., the piece of new fence put up by 
 the city on the ground pro])osed to be leased to the cricket club in order 
 to test the right of the military to that portion of the Common for exer- 
 cising and encamping the '.roops was taken down by the order of Colonel 
 Nelson, commanding the royal engineers in this garrison, and, at the same 
 time, a part of the fence inclosing the triangular field you refer to was 
 also removed by him on account of such fences having been erected con- 
 trary to law. 
 
 You can use this letter as an admission in any investigation that may 
 take place to ascertain the rights of the respective parties, or I will make 
 the admission in any more formal manner you may desire. 
 
 Yours truly, 
 
 J. W. Ritchie. 
 B. Murdoch, Esq., Recorder, &c. 
 
 Recorder's Oeeice, 
 Halifax, 17th ]May, 18J9. 
 
 My dear Ritchie, — In consequence of its being reported in the city 
 council yesterday that some of the fences of another ti'iangular field, not 
 
39 
 
 the one referred to in your note of Saturday's date, but the field in which 
 the 'u)ol-house stands, have boon pulled down, and the council deeming it 
 important to know by whom it has been done, they passed a resolution 
 requesting uie to apply to you on the subject in order to ascertain if it had 
 been the act of your clients. I inclose you a cojjy of their resolution, and 
 will be glad of your reply at your earliest convenience. 
 
 I remain, 
 
 J. W. Ritchie, Esq. 
 
 Bkamisii Murdoch. 
 
 Halifax, 17th May, 1859. 
 
 My dear Murdoch, — I never heard of my clients having authorized 
 the removal of the fences you refer to in your note of to-day, but I will 
 ascertain and give you the information without delay. 
 
 Yours very truly, 
 
 J. W. Ritchie. 
 B. Murdoch, Esq., Recorder. 
 
 Halifax, 2.'3rd :May, 1859. 
 
 My dear Sir, — The only fences removed by the military authorities 
 were the two referred to in my former note, viz., that put up by the city 
 council on that portion of the Common leased or proposed to be leased to 
 the cricket club, and a part of the fence surrounding the most aorthrrn of 
 the inclosures ; they have not liiler/'crcd with the field in which the build- 
 ing you refer to is situated. 
 
 Yours very truly, 
 
 J. W. Ritchie. 
 B. Murdoch, Esq., Recorder. 
 
 i-i 
 
 N. B. — All action was instituted by the eity of Halifax 
 ajfainst Richard .1. Nelson, Esq., on the 7tli of Inne, I85U, in 
 the Supreme Court. 
 
40 
 
 EXTRACTS FROM PROVIITCIAL ACTS. 
 
 1818. 58. G. 3. c. 13. 
 
 Whereas, two hundred and forty acres of land, were, on the twenty- 
 third day of June, in the third year of his present majesty's reign, granted 
 to John Collier, Charles Morris, Richard Bulkely, William Nesbit, Charles 
 Proctor, and W^illiam Best, the survivor of them, and the heirs of such 
 survivor, for the use of the inhabitants of the town of Halifax as a Com- 
 mon : And whereas, owing to the death of the said grantees, nnd the ab- 
 sence and minority of the persons in whom the legal estate in the saicl 
 Common may be now vested, it is expedient to appoint trustees, in whom 
 the legal estate in the said Common may be vested, for the more effec- 
 tually carrying into execution the purposes of this act : 
 
 1. Be it therefore enacted by the Lieutenant-governor, council and 
 assembly. That all the estate and interest of the heii-s at law of the before 
 named grantees, be, and the same is hereby, divested and for ever 
 determined. 
 
 2. And be it also enacted. That the legal estate, title and interest, in 
 the said two hundred and forty acres of land, and in all the Common of 
 Halifax, be, and the same is hereby, vested in the Chief Justice, the Attor- 
 ney General, the Solicitor General, and the Surveyor General, of the Pro- 
 vince, and their successors in office, for ever, for the use of the inhabitants 
 of the town of Halifax. 
 
 1829. 10, G. 4. c. 32.— Thirteenth Clause. 
 
 13. And be it further enacted. That nothing in this act contained shall 
 extend to the north part of the said Common used as an exercising ground 
 for his majesty's troops. 
 
 1830. 
 
 1. W. 4. c. 4.— SECTION'S One and Five. 
 
 1. Be it therfore enacted by the Lieutenant-governor, the council and 
 assembly. That henceforth so much and such part of th? above described 
 parcel of land as forms a portion of, or is comprehended within, the ori- 
 ginal grant of the tract called the Common of Halifax, shall be, to all 
 intents and purpose, and fully and absolutely granted, assigned, appro- 
 priated to, and vested in his majesty, liis heirs and successors, forever, to 
 and for such military uses and purposes connected with the said fortifica- 
 tions, or otherwise, as to his majesty, his heirs and successors, or to the 
 commander-in-chief for the time being of his majesty's forces in this pro- 
 
41 
 
 vince, or other his majesty's officers in charge of the said fortifications, 
 shall appear necessary or expedient, and free and absolutely discharged and 
 released of and from all claim, title and interest, whatsoever, of the trus- 
 tees of the said Common, or their heirs or assigns, or of the inhabitants of 
 Halifax, in, to or upon, the said described land or premises, or any part 
 thereof, with the appurtenances thereto belonging. 
 
 5. And be it further enacted. That no houses, buildings or walls, nor 
 any other than fences of wood, shall be erected or built on any part of the 
 said Common of Halifax, lying to the northward and eastwsird of the said 
 lots so leased, as in the fourth section of the act above recited is mention- 
 ed, and within the space or distance of six hundred yards from the salient 
 angles of the fortifications aforesaid ; but the said portion of the said 
 Common may be leased and appropriated to and for the purpose of gar- 
 dens or orchards, or other purposes, from which no injury or impediment 
 can result to the defence of the said citadel. Provided always, that all 
 trees, whether for fruit or ornament, planted on those portions of the said 
 Common, shall and may be subject to be cut down and destroyed, when- 
 ever in time of war, and of attacks threatened on Halifax, the defence 
 thereof shall appear to the governor or commander-in-chief to require the 
 removal of such trees : And provided always. That no indemnification for 
 the value of the said trees shall be demanded, other than the value there- 
 of, as fuel, if used by or for the garrison. 
 
 5..' ■ 
 
 \n- 
 
 I' 
 
 1834. 4. W. 4. c. 71.— Section Foir. 
 
 4. And be it further enacted. That the rules, orders and regula- 
 tions, of the said commissioners, so to be made and established as 
 aforesaid, shall extend to, and include the whole of the said Common ; 
 Provided always, that no such rule, order or regulation, shall interfere 
 with, or in anywise prevent or impede, the free and uninterrupted use at 
 all times, and in such way, and for such purposes, as may be requisite by 
 his majesty's troops, of the north part of the said Common now known 
 and used as an exercising ground for the said troops, but the same shall 
 continue to be used as such exercising ground as heretofore. 
 
 1839. 2. V. c. 25.— Section Two. 
 
 2. And be it further enacted, That when and so soon as such deed 
 shall have been executed -".« aforesaid, it shall and may be lawful for the 
 said commissioners, fri- the time being, to make and execute a deed or 
 conveyance, to our bovereign lady the Queen, her heirs and successors, of 
 such portion of land, situated within the limits allotted, selected and ap- 
 
 firopriated, by and under the said act of the third year of the reign of his 
 ate majesty, to be in such deed or conveyance particularly described and 
 specified, as may be equal in quantity to the quantity of land contained in 
 the said deed, from the respective officers of ordnance to the commission- 
 ers of cemeteries, and the deed or conveyance to be so executed bv said 
 6 
 
 ■■i''i 1 
 
42 
 
 commissioners, nIuiII be Hufficiont to vest in our said soveroif^n liidy the 
 Queen, her heirs aiul successors, the liiiul to be in and by such deed or 
 conveyance, described and conveyed in tee simple absolutely forever. 
 
 1S41. 4, V. C. 'W.— SiXTION SlXTY-KIGIlT. 
 
 (iS. And be it enacted, That the said city couiicil sludl, for the future, 
 have the sole control and management of the Common belonging to tlie 
 said town, sulyect nevertheless to the riglits and ])rivileges of her majesty 
 the Queen, retained therein, and to the estate, rigiit, title, interest and pro- 
 perty, legally acquired by any other person or ])erHons therein, or in any 
 part thereof; and that the said city council shall have, use, possess and 
 enjoy, in and over the same, and every jjurt thereof, all the jjowers and 
 authority now possessed and enjoyed by the present commissioners there- 
 of, for the due regulation, management, and control of the same, or vested 
 in them for any purpose whatever. 
 
 1H4H. 11, V. c. 3!).— Skction Onk IIunuukd and Twkiak. 
 
 1 1'J. And be it enacted. That the said City Council shall, for the future, 
 have sole control and management of the Common belonging to the said 
 town, subject nevertheless to the rights and j)rivileges of her majesty the 
 Queen retained therein, and to the estate, right, title, interest, a'ld pro- 
 perty legally acquired by any other person therein, or in any part thereof; 
 and that the said city council shall have, use, possess, and enjoy, in and 
 over the same, and every part thereof, all the powers and authority here- 
 tofore possessed and enjoyed by any former commissioners thereof, for the 
 due regvdation, management, and control of the same, or vested in sucii 
 commissioners for any purpose whatever. 
 
 IH'A. c. 5. — Of thk Common. 
 
 1. The several lessees and their assigns, and those who derive title 
 under them, to whom leases were granted under an act of this province 
 passed in the fifty-eighth year of his late majesty King George the third, 
 cha))ter thirteen, of certain half-acre lots lying on each side of the road 
 leading westerly from Pyke's bridge, out of the original common of Hali- 
 fax, for tiie term of nine hundred and ninety-nine years, shall hold the 
 same agreeably to tlie terms of their leases, as mv)ditied l)y the act passed 
 in the tenth year i)f the reign of his late majesty king George the fourth, 
 chaj.'ter thirty-second. 
 
 2. The ])( rtions of the common which have been under former laws 
 appropriated as a ])ublic cemetery, as well as a jiortion containing twelve 
 acres, granted and relinquished to the crown by an act of the province 
 
43 
 
 passed in the first year of his late majesty kin|» William the fourth, chap- 
 ter fourth, shall all remain and he forever so ajjpropriated. All other 
 leases and appr()])riations wiiieh have heen heretofore lawfully made of any 
 j)()rti()n of the common, are herehy confirmed. 
 
 ;i. Xo i)erson shall put u]) any huilding, fence, or other erection, with- 
 in eif^hteen hundred feet of the salient angles of the fortress of Citadel 
 hill, without the permission of the commander-in-chief of her majesty's 
 forces in tiiis province ; and in time of war, or of a hostile attack u])on 
 Halifax hein^' threatened, the commander in-chief may demolish all huild- 
 inf;s, fences and trees within tiiat distance which may he upon any part of 
 the ori;^inal common, and no compensation shall he due to tiie party 
 damaged. 
 
 4. The exercising ground at the north end ot the common shall remain 
 always open and free for the use of her majesty's troops. 
 
 . Subject to the foregoing approiiriatior.s and leasehold interests, the 
 coii...non shall he vested for ever m tiie city of Halifax in fee simple. 
 
 6. The city council shall by their bye-laws make rules and regulations 
 for the care, management and imjjrovement of the common, and may nn- 
 ])ose fines not to exceed forty shillings, on every i)i'rson who shall trespass 
 thereon in any way. Persons convicted of digging up the soil, of encum- 
 bering it with manure, offal, dirt, ashes, earth, stone or rul)l)isli, — of d(>- 
 stroying, removing (u- damaging buildings, fences, trees or slnut)s thereon, 
 — of injuring the ])on(ls, or taking from them ice or water, or using tiie 
 same in any way contrary to the regulations in force, sh;-.!! in addition to 
 tiie ])enalty be liable to pay all expenses incurred in belialf of the city in 
 removing incumbrances and in nniking good damage, and the value of 
 anything taken away or damaged, — which ex|)enses or damages may t»e 
 recoveri'd before the mayor's court at the suit of the city if not exceeding 
 ten pounds, and if above ten jiounds in the supreme court. 
 
 7. Cows, oxen and sheep may be, if the council see fit, permitted liy 
 the rules and regulations to be ke])t on the common, on such conditions 
 as tlu'V may ])rescribe. All such animals if found tliere contrary to the 
 regulations, and all horses, asses, mules, swine and goats f'oinid tlieic, sliall 
 be impounded, and only released on sucii terms as tlie ri'gulations shall 
 prescribe. 
 
 8. All rents accruing from the leased ])arts of tlie original common, 
 shall be collected under the direction of tlie city coun'il, and form part of 
 the revenue of the city. 
 
 9. The city council shall have power to appropriate any sum annually 
 received from the rents of the common, in the im[)rovement and adorn- 
 ment of the parts of it not appropriated or leased. 
 
 10. The Xova Scotia horticultural society shall be free from the jiay- 
 meiit of rent under the leases of eleven half-acre lots, part of the oiiginal 
 common, held by them for the unexpired residue of the term of nine 
 
 fei ^' 
 
 '^1 
 
 -1 i .M 
 
 ■♦.■ 
 
 t 
 
 n 
 
 I 
 
 
44 
 
 hundred and ninety-nine years, so long as such lots shall he occupied and 
 used by the society as a public garden, the other conditions of tha leases 
 remaining valid ; but if any part cease to be so occupied and used, it shall 
 be again subject to rent. 
 
 The other portions of the garden leased to the society for thirty-three 
 years, shall bo held under the terms of the lease or leases granted by the 
 city. 
 
 11. The title of the crown or of the ordnance department on behalf 
 of the crown, to a certain piece of land on Windmill or Camp hill, is not 
 to be affected by this chapter. 
 
 12. The city council may grant leases of any portions of the common, 
 not to exceed in the whole one hundred acres, for any terms of years not 
 longer than fifteen y«ars, on such rents and conditions as they tliink pro- 
 per, and on condition that no building be erected thereon. 
 
mi