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M.DCC.LXVri. \ iii'iri mini I '■'.^!'" ■ iLUf U^HAl JW.« :¥ft^ I I I I HALIFAX; the iph Dayof A%, 1767. ^TT^ HIS Edition of the Laws of the Province, as "■" prepared and collated with the Records hyjohn Duport Efq; with the Rev^iHd and Marginal References to A'fts of Parliament and Authorities in Law, by Mr. Chief Juftice Bblcher, was begun by Order of the General Affembly^ on the Special Recommendation of tli^Honorabl^ Lieptei^fe^nt Governor IE^anicklin, and continued and perfeded with the Approbation, and by Order of His Excellency the Goverr;or, the Right Honorable Lord W I L L I A M CAMPBELL. mCPARD BULKEI.EY, m Secretary of the Province. 8S^^^ssG@^]m^i^^ H .A/65 i76y Wt To His Excellency THE RIGHT HONORABLE Lord WILLIAM CAMPBELL, Captain General and Governor in Chief in and over His Majefly*s Province of Nov a Scotia, and the 'Territories thereon depen^ ding. This E D I T I O N of thoLAws of the Province of Nova Scotia, perfedled by your Lordfliip's Patro- nage, is moft humbly infcribcd, with all due Re- fpedt, by Your Lordfhip's Moft Devoted, and Moft obedient Servant^ JONATHAN BELCHER. ^0 hoc iiiaiiwiiwmyiii wmmrnmift :) f -7 ItL ~ £-. I. T 111 \,- ^Wil'!; JvnTii.' ■ ;/: xIjIv/ M t r. ^\.i . 1» » ^ *i A TABLE of the Titles of the PERPETUAL ACTS of NOVA SCOTIA. ^nno 32. Geo. IL '•A A& o/:l'S"„:s t'dc^cf „?z5^ '"""^' ■**'-- - Dudesof ImpoftonRum, and other dSe?lt,™T' '"^'"S «"hc . II. An Ad for confirming Titles to Lands and quieting Po(n.r ^"^' ' ' m,^ An Aa direaing the Proceedings ^ S^^!^^ ^l StlllTwhJin^teToCn'S^^^^^^^^^ P^efc-.c Lines or Pickets of thfSxown!'^''' ^''"''' °^^ ^ile of th? /"•. AnAafortheEftablinimentofR-li^IomPnWJ.w n.. • ^°' r.-»ce, and for f^rprcffing of Popery ^^ ^'"^ "^ox^x^ in thjs Pro- VI. Ar Aa fo, cftabhfhing and regulating a Militia. ^o^^^::;^'"^ ^'^orrcaion. or Work Iloufe witllin X. An Aa to prevent foreftalling the Market. ' '^* XI. An Aa relating to Wilis Lccrarlps n„!i t- '^* Sc.tlcmema„dDiftribSlo„of;h;EftSCft-«r"'°"' '"'' ''"^ "» ihc^cLtte'cri^s-j^^rii^^^^^^^ -d for p„„.u:;- Royal Navy. ^ ^*^^"''" ^^^ Mannes dcfcrting from tliS XIII. An Aa relating to Treafons and Felonies. 'f* AlV. An Aa for preventing Trefpaffes ^ of dL^"^^*''""'^'"« -"''»-<• Tc'„cmc„« lUblcco .h.,,I^y„,f„'; XVI, An Aft for prevcniing Frauds by Butchera.n,lc-n. '*" XVIII A„ Aft for preventing Fraud, and Petjurics. *^- pu^S;,e^t"o?i'BS':/7r:^:as^f «-i ™"™. -> ■'f= XX. An Aft for pu„in,i„g Criminal Offenders. "*'' 55- XXU. An p^' " i..'SSfai5:.' a > oto.i ifc.-.^ . .£iSSM ^W The Titles of the Perpetual Acts. XXII. An A6k declaring what ftiall be deemed a Publication of the Pro- vince Laws. , P3ge57. XXIII. An AlopCloathtngandforpumfhtngthe Concealers and Harbourers of Seamen or Marines defer ting from the Royal Navy. "^ PaTe 94 II. An Aft for afcertaining Damages bnprotefted Bills of Exf^hange. r^s'. III. An Act to explain an Act made and pafled in the 33^ Year of His M-jefty's Rc.gn, intitled An A^ to enable Proprietors to divide ti>eh- Landl held m Common and undivided. T^^Z'^T ^? i",^mendmenti of an Aft, intitled ^» Aafor confirmim Titles to Lands and dieting Rojfeffions. 05 fe-bk ^.'I ;^? •V^"^?'^'^^'^^ of ^n Aft made and pafled in General Af- fn.ih at the Scffio.n begun and holden at Halifax, on the Second Day of t V A'. 'J'^^^l'^'^fij^^^^ relating toWills, Legacies, and Executo-s'lnd fcr the Settlement and Bijiribution of the Eflates of Inttfiates, \y, yi. An Aft for eltablifliing a Public Market at the Market Houfe in Ilahfax, and for regulating the fame. -g" VII. An Aft for appointing Commiflloners of Sewers. 100, S.^V^/ZT*^^"" f"™""gi"g^he Improvement of Lands in the Pcnin- i".a of //tf/;/«Ar, and further Qiiieting of Pofleffions. ' jq" /J^«//5wi" '^'"'"'^"^^"^ °^^' A^' i-^^^l^d An A£t relating to Treai ■104., X. An Aft in Addition to and Amendment of an Aft, intittedyft Aa ^s'prc^Z '""■' 'P^^'^i EMlifiment of the Church Lf Englafdl? XI. An Aft for continuing an Aft, intitled An A£l to prevent am tri "vcte Trade or Commerce -with the Indians. ' 10 cffLZ-^^^'"' regulating the Common belonging to the Townfhfp ;J/"' '^" ^'^ f""- ,b\"Wi"g a Public Slaughter Houfe in the Town°of halifax, and for regulating the fame. " ^ Anno I. Geo. III. I. An Aft for the better Obfervation and keeping of the Urd's Lay. " „ , IT A A • A , P^g^ *°7' n. An Act in Amendment of an Acr. IntiMi-d >*- /la j^-a.„_ .».. t,. . ctedtngs agamjt forcible Entry or Detainer^ ~ ^'"^ "^ '"'" \'^'^^ III. An IWi ■P wnm mimii Mi m- The Titles of the Perpetual Acts. III. An Act in further Amendment of an Act, intitkd Jii Act fcr con- firming titles to Lands and quieting Pojfejfio.'^s. Page i lo, IV. A.i Act for the Regiftring Marriages, Births, and Deatlis. m, V. An Act for preventing Damages by iinfLafonable bvirning or firing of the Woods. 112, VI. An Act to prevent the fpreading of contagious Diftempers. * i^, VII. An Act for the Amendnient of an Act, intitled An ASi concerning Mcrriages and Divorce^ and for punifiiing Inceft and Adultery^ and declaring Polygamy to be Felony. ' 1 14. VIII. An Act to enable Creditors to receive their juft Debts, outot the Effects of their At fent or ^.bfconding Debtors. us, IX. An Act for tlic Appointment of fworn Gangers, afcertainino theii I^i^ty, granting them an Allowance, and eftablifhing their Fees. - n g. X. An A-ct in Addition to an Act, intitled An ASi ir Addition to an A5i^ intitled '■^ An A£i for prevertting Trefpajfes." ug, XI. An Act foi* the Relief of the Poor of the Town of Halifax^ and in- digent Perfons in the New Settlements. 1 20. XII. _ An .iCt for prohibiting the Exportation of Raw Hidos, Sheep or Calf Skins, out of this Province, other than for Great Britain j and to pre- vent the cutting, fplitting, or flawing erf Hidi... 121. XIII. An Act for afcertaining the 1 imes and Places for the holding of the General garter Seff.ons cf theP^'ace, and the Inferior Courts of Common Pleas, for the Counties of Z,«»e«^«rg-, King's County, and Annapons. 12^. XIV. An Act for the repairing and mending Highways, Roads , Bridges, and Streets, and for appointing Surveyors of Highways, witJiintlie feveral Towpfliips in this Province. 123. XV. ivn Act in Addition to and Amendment of an Act, intitled An A&fiir preventing Trefp&Jfes. 1 2 5. Anno 2. Geo. III. , I. An Act for regulating Innholders, Tavernkeepers, and Retailers of ' Spirituous Liquors. Page 126. II. An Act tu enable the Governor, Lieutenant Gcvernor, or Com« mander in Chief, to borrow the Sum of Four Thoufand Five Hundred Pounds, for paying off the Public Debts, and tu poftpone the Paymf^nt of bounties and Premiums. iag, III. An Act for preventing fraudulent Dealings in the Trade with the* Indians. I2g. IV. An Act to prevent the firing ofSquibbs, Rockets, Serpents, or other Fireworks. 13 ex. V. An Act for appointing Firewards, afcertaining their Duty, and for punifliing Thefts and Difordcrs at the Time of Fire. 131. VI. An Act in Addition to an Act, intided An All for ejlablijhing end regulating a MiUtia. 1 3 j VII. An Act for the better regulating the Militia on actual Service in Time of War. i^^. VIII. An Act for regulating the Exportation of Fifli, and the APlzc of Barrels, Staves, Hoops, Boards, and all other Kind of Lumber; and for appointing Ofiicets to furvey the fame. 138. Anm tUIf The Titles of the Perpetual Acts. Anno 3. Geo. III. I. An Act for the Relief of thePcor in the Town oiHalifa^t. Page 144. II. An Act for regulating the Proceedin^-js of the Courts of Judica- 145- HI. AnActxr^ prevent Frauds in the Selling of Beef, Pork, Flour, and Bifcuit or Ship Bread in Caflcs. 14c, Anno 3. Geo, III. 2. Sefs, I. An Act in Addition to, and Amendment of an Act, intitledw^^^/<>r {ippcintingCommiffmtrs of Sewers y made and pafled in the 34/«, Year of H jaic Majelty's keign. Page 146 II. iVn Act to prevent Nufances by Hedges, Wears, and other Incum, brancps obftructing the Paflage of Filh in the River* in this Province. 147. III. An Act to enable Proprietors of Lands to aflfefs and difcha»ge the Fxperce which has accrued upon dividing rheir Lands, by Virtue of a for- mer Lav^- of this Province. ,.g^ TV An Act tc impower the Province Tr?;. ., er to borrow a Sum not ex- ceeding the Sum of Four Thoufand Pounds, for paying off Bounties, Pre- miums, and other Debts payable by the Laws o5this Province. ' 150. V. An Aft for ^he Relief of Infolventr brois. 1-2.' VI. An Aci in Addition to an Act, intiJed An ASifornfuhtim the Proceedtn^s of tuc Courts of Judicature. \rj^ VII. An A£t to enable the Inhabitants of the fevcral Townfliip'! wthin this Province, to maintain their Poor. j rg. VIII. An Aft to explain and Amend an Ad, made rjid pafled in the .r2d Yearof His latt Majelty's Reign, mtxthd An AH for making Lands and Tenements liable to the Payment of Debts. i^g. IX. An Aft in Addition to an Aft, intitled An AEl for regulating and tmmtatnmg an Heufe of Correaior or fVerk Houfe within the 'Town 0/ Hali- fax, and for binding out Poor Children, made and pafled in the 3 2d Year of His late Majelly's Reign. jgj - Inno 4. Geo. Ill, I. An Aft for amending Defers in Pleais. ProcclTes. and Records Page 162, il. A n Aft for preventing Abatement and DUcontinuance of Suits. 1 64. III. An Aft to impower the Province I'reafurcr to borrow a Svr:^ not ex- ceedmg the Sum of Two Thoufand Nine Hundred Pounds, for payng off Bounties, Premiums, andorJier Debts, payable by the Laws of this Pro- ^'"^'^' i6s. Anno 4. Geo. III. 2. Sefs, I. An Aft for Reformation of Jeofails and Mifpleadings, and to prc- vrnt Arrefts and Revcrtals of Judgments, and for the better Adv.-ncemenc oUvfticc. Page 168. II. An Anm ~ ^ ' mi The Titles of the pEiirETUAt Acts. II. An Aft in ftrther Addition to an Ad made and pafled in the ud Year of His iate Majefty's Reign, intitkd JnJ.^/or ; ^zulating Petit JurieSy (ind declaring the ^:alification of Jurors. . " Pa^-e i-'2. III. An Aft to impoAc;- the Province Trcafurer to ifTue 'fmall Notes for difchargingthe Loans ,Tiade in Viitue of an Aft made and pafTed in the firfl Year of His Majclfy's Reign, intitled An A£i for the Relief of the Peer cf the Toivn j ^/ » » II. An Aft in Amendment of an Aft, made and pafTed in the 5vd Year of His late Majedy's Reign, intitled //;; Aii for eflahlifhmg a Public Market tit the Market Houje in Halifax, and for regulating the fame. 107 III. An Aft for the more cfFeftual Rerovery of His Ma>fty's Dues in the Klands of Cj/f 5r^/e«, 5/. ^/.-wV, and inands adjacent. ,97. His 1 rc' •^Y' '^"A'5^0'' extending an Aft made and pafTed in the 32d Year of IS late IVIajefty's Reign, intitled An Act for preventing Perfons leaving the '■cvnucicithouta Pafs. o ^ s ' y. An Act in furtlier Addition to and Amendment of an Act, made and theAlfzcoJ Bread, and for afcer taming the Standard of freights and Mea, VI. An Aft againft Fo'-' itallers'and Rcgrators. q^qq VII. An Aft concerning Schools and Schooimaftcrs. 201 ' j^nno 6. Geo, III. 2. Sefs, I. An Aft to prevent the cutting or breaking down the Bank of anv River, Scabank or Dykes. Page 202. II. An Aft in Addition to and Amendment of an Aft, made and paffcdin the Second Year ol His prclbnt Majeily's Reign, intitled, An Ail for u- gt,l8 of Tarmoutb and Barn n/ (on. , A" Aft «o 'mpower the Governor, Lieutenant Governor, or Com. mamkT in Chief, to grant Warrants on the Trcafury for the Sum of /,.3(.4S,o,4. with the Intorelt due tlicrcon, the fame to bear Intereft. for liic i aymcnr ot lundry Pcrlbns who have Demands on the Government, iqc ■J* i^x^2:0:s^s:s:js?i5:!!?<2:o;j«%^«^^ .41 ^1. .Ill' A' m A TABLE of the re fpedilve Titles jfthe PERPETUAL ACTS of Nova Scotia, Alphabetically ranged under general Heads, referring to the Pages where the Ad^ are contained. A A BATEMENT, Page 194. Adultery, 43, 1x4. B Page 138, 204. 48. 145, 174, 95- III. I45» 174- 138, 204. 55' 85. 174. 19^- 123, 182, 186. 42. c Barrdls, ' Baftard Children, Beef, Bills of Elxchangc, Birdis, Bifcuit, Boards, Bread, Bridges, Butchcri, ' Calfskins, Cape Breton, Carriages, Carts, Church of England, '" County Charges, Courts, CrcdtttA-s, Criminal Offenders, D Deaths, Debts, Debtors, Difcontinuancc of Suits, Diftcmbers, Diftillery, Divorce, Dykes, Page 121. 197. . 90. 86. 89, 104. 1C6, 187/ 123, 184, 205/ ^ its'r' Flgur* Forcible Enpy, Frauds, Foreftallers, Gaming, Gaugers, ^ Guardlana, Guns, r .'i Page 145, 174. ,9* ^^o* .45. too* » Page 7g. . S4. n Page I2t. 50. Page III 39* ^59- 152. 164. 10. 43» "4. Executors, B F Felony, tage 28, 43, 104, 131. Fires, ,31. Fircwardi, i^j. I'i'h, 138. 204. Hlhmongers, 41, 123, i«t, iS5. 138, %o^ 69JJ «r6f.- , "3. 7^. 87. 17a' Hide's, Highways, iHbops, ' t»C .f:^ Horfcs; Houfe of Correiflion, Jeofails, , -3-' Ifnpoft Duties, Ihceft,* ^ 'c-i jlhdmnS, '• ''■> '" ' ' Inferior Courts, -'* InnlibWers^ Irtt aoj. «.'« Lord's ^'vrm*"' ,4*agc 107. 138, 105. 105. M Page 1^, 984 197, 26. 43, III, 114; 65. »68. jT Pa^c 147. Lord's Day, Lumber, Lunenburg, Market, ' . Marines, Marruiges,- Meafurcs, Militia, Minca-s, Mifpkadings, Perjuries^ Picas, Poligani]fj^ Poor, Popery, ' Froccfles^ Cjjiakers;" ' ' Page 81. Qjm^ct Sefllons, 113, 184, 205, 5ii>i^tiHgl»offcflions, 2, y^t $6^ 1 10. Records, ' )Pag« i6a. Uegrstors, aoo, Eeprefcnutivcs, 195. Retailers, Rivers, Roads, Rockets, Page 125.. 147, 196. i02^ 123, 1S2, 186. 130. Schools and School Mafters, Page 2 o i $cabanks. Seamen, icrpents. Page 57y 398. ■: 45. 162. 43» ^5, 91, 120, 158. 10, 182. 145. »74' 162. ervants, efllons, •Sewers, Sheep Skins, Slaughter Houfe, $lopCloathing, pcjuibs. Staves, Streets, Tavernkeepcrs, Town Charges, Town OiBccrs, Treafons, Treflpaflcs, Weights, Wilk, Woods, Worihip, 202. 26. ■ i3<^ 190. 1 13. 184, 205^ lopi;i46, 185. 121. fo6. 26. 94. 130, 138, 204. 123. ^82. Page 126. 1 85. 179. 28. 9^* nj, 125, 37. w Page* 55* »74» ip?-' 20, s7' »I2. ?0. «2» « ' •-^-' "'•'' ■''^^i^^T ,**t I •,f 1^ A TABLE of fuch Englifh and firitifli Statutes as have been enaded iii Noiia Scoua\ Eng. and Brit. STATUTES. NOVA^CO'Tl^ Acts; Q^TAT.WeftiT). 2.i3.Ed.i.Ci34. 32.T3co.^2. c. 13. Seft, 7. J^ 25. Ed. 3. Stat. 5. c. 2. - - - ' - !• 5. Hen. 4. c. 5. 2. Hen. 5. c. 3. 8. Hen. 6. c. 9. - . . - - 12. 'Sed\ I, 2; 4. "Hen. 7. c. 13^ 21. Hen. 8. c. 5. Se£t. 3. - - . 7. - II. 2j. Hen. 'B. c. T. * -■ - - 13. 25. Hen. 8. c. 1'. 25. Hen. 8. c. 6. 0,1. Hen. 8. c. 30. Scft i, 2. 33. Hen. 8. c. I 33.tjco. 2. c.'5. Seft. i. - 33. Geo. 2. 2 Sefs. c. 9. Sed. i. 32. Geo. 2. c. 3. Seft. I, 2. 4. Geo. 3; C. I. Se6t. k 32. Geo. 2. c. 13. Seft. 27. 32. Geo. 2. c. II. Sed, 7^ 32. Geo. 2. c. 13. Sedl. 18. . 32. Geo. 2.. c. 13. Se£t. 9. 33. Geo. 2. a. Sefs. c. 9..Se£t. 1, 32. Geo. 2. c. 13. Scft. 20. 32. Geo. 2. c. 13. Scdt. 7. 4. Geo. 3. 2. Sefs. c. I. Sc5:. i. 32. Geo. 2. c. 20. Sedt. 14. 34. & 3«^. Hen. 8. c. 5. Seft. 4, 14^ 32. Geo. 2. c. 11. Sett. I. 3' 5.- Hen. 8. c. €. I. Ed. C. c 7. Soft. 6. 12. Sc6t. 10. 5. Ed. 6. c. 9. i. Mar. c. i. 5. Eliz. c. 9: - - 1 - 14. K. Ell?, c. 4. lo. i'Ui^. c. 3. Iii. Eli?., c. 7. Scdt. I. 2, 3. 4.- * "■ " .')• j8. Eliz. 0. 14. Scfk. I. 14. 2. a;. EUz. c. 2. 31. Eli/, c. II. 4 j. Elii(. c. J. Scv^. I, 33. Geo. 2. 2. Sefs. c. 9". Se£t. 3. * 4. Geo. 3. c, 2. Seft. 5. 32. Geo. 2. c. 13. Scft. 2. 9. - 32. Geo. 2. c. 13. Seft. i. - 22. Geo. a. c. 20* Seft. i), 1,1. . . - 8. - 32. Geo. 2, c. 13. Scft. 12. 32. Geo. ,2. c. 19. Scft. I. - 32^ Geo. 2. c. 1 3. Sc£t. 9. - 32. Geo. 2. c. 13^ Scft. 2H. . \ . - 8. 34. ' 4. Geo. 3. 2. Sefs. c. I. iieft. «.' 4. Geo. i. c. 1. Seft; r. . 4, Gcoj a. 2. Scfj. c, 1. Scft. 2. - 32. Gcp, 2. c. 5. Sci!?i. 4. ' 4. Gt'ft. 3, 2 Sefs. 0. f . Scdi. jt },l. vieo. a. c. 3, fiirti. 3. ^. Geo. 3. c. 6. Scd I. D I. Jae. "I '■"l^'t=^?»Tl9r»' "'i^jW ■'VTOTiWW^i^l^^^^ Eng. andBrit. STATUTES. ^'OFy£ SCOTIA kct^v hm 1. Jac. T. c. 4. S«€b, 9, 8. - . . II. - i. 3. Jac. I. c. 10. Se£t. 4. • 4. Jac. f. c. 5. - 7. Jac. I. c. 4. Se^. 7, 13, i4v 21. Jac. 1. c. 7. - 13. Seft. a. 16. <• - 27. I. Car. i. c. I> • 12. Gar. 2. c. 24. 14. Car, 2. c. 12. Se<5b. 19. - 16. Car. 2. c. 7. Se£l:. 2, 16. & 17 Car 2. c. 8. - Scft. I. * 3. • 17. Car. 2. c. 8. ScA. i, 2. 22. & 23. Car. 2. c. I. . i - - - 10. Seft. 2, 4. - 29. Car. 2. c. 3. Sc(ft. 1.-^-^4. - - 5»<'- - - 7. II. * - 12. - - 6. Geo* 3. c. 7. ScdV. i. 32. Geo. 2. c. 13. 86(51,3, 32. Geo. 2. c. 17. Se6b, 4, 5. Geo. 3. c. 6. Sect. 2. 32. Geok 2. c. 20. Sect. 3,, 32. Geo. 2. c. 19. Sect. I. 34. Geo, 2. c. 20. Sect. 3. 4. Geo. 3. 2. Sefs. c. i. Sect. ?. - - b'.> 32. Geo. 2. c. 24; Sect. 1. 32. Geo- 2, c. 13. Sect. 5,, I. Geo. 3. tf, I, Sect. 2, 34. Geo. 2. e. 26. Sect, i, 32. Geo, 2, c, 19. Sect, i, ' 33. Geo. ^2, 2. Sefs. c. i. Sect. 4* 4, Geo. 3. c. , Sect. 2. 4. G.eo. 3. 2. Jefs, c. 1, Sedl, 4. " - ' - 8. 4. Geo. 3. c. 2. Sect. 3, 4. 32. Gea2. c. 13. Sect. a. 32. Geo. 2. c II. Sect. 12. J 6. 19- -24. 3. Will. & Mar, c. 9. SeA, i-« 4, 5, 3 Sr 4. Will, & Mar. c. 9, Seft, 2, 6, 7. 4 & 5. Will.&Mar. c. 24.Seft, 13. 6 & 7, Will. 3. c, 17, Scft, 4, 7. Will. 3. c. 3, 8 & 9, Will. 3, c II. Scdt. 6, 7. 9. & 10. Will. 3. c. 17. 11. &• 12. Will. 3. c. 4. 1 1, & 12, Will. 3, c. 4. oi'ct. 3. - 19. Sect. I, 13. Will. 3. c. 6. K Ann. Stat, 2. c, 9. Sect, t, 3. 3 & 4. Ann. c. 9, 9 32 32 3« I. Geo. 2, G. 18. Sect. I. Geo. 2. c. II. Sect. i. Geo. 2. c. 18. Sect. 5, 6, II, 12. - 15. Geo. 2. c. II. Sect. 4, 5, 6. Geo. 3. c. 1. Sect. i. • - * 3- 32. Geo. 2. c. 13. Sect. 10. II. - 16. 17. - 31. - 29» - 33- Geo, J. c. 20. Sect. 7. Geo. 2. c. 13. Scdt. I. Geo. 3. c. 2. Sect. I, 2* 32 3>, 4' 34. Geo. 2. c. 2. Seft. 2. 6. (>co, 3. c. 7. vScdl. 2. 3'. Geo. 2. c. 5. Sed. 3. 5. Geo. 3. c. 6. Sc^Y.S^Y_ A Ti SEM tifli NO. 32. Geo, 4, : I 32. Geo. 32. Geo. _ 32. Geo. ^g^^)^^^ ?X«*so c. I Sect. Jeofails 32.H.-n. 8. c. 3o.Se(fl. 38. El:z. c. 14. S-.a. I. 21- M-. I. c. 13. Scdl. 2. i> 2. 16. & 17. Car. 4 & 5. Am { 17- Eli 2. c. 8. Se6t. r. . c. 16. Seel. I. c- 5- SeA. 1. 4 & 5- Ann. c. 16 Secl 18. Eliz. C. 1/ Sea 24. c. I 4.^ea2. 21. Jac. K 3.j5ea:. 3.16 &17. Car. 2. c. 8. Sea. 2. 4 & 5. Ann. c. Id occc, 7. 9. - Ji. 5. Geo. 3. c. 6. Scft. I County Charges. 6. Geo. 3. c. 7. Scdl, Schools and Schoolmajlers. 43. Eliz. c. 3. fn&,2.Will.3. c, 19. Sea. I 3-Jac. I. c. 10. Sed:. 1. ■\ I- Jac. I. c. 4. Sect. 9. II & 12. Will. 3. C.4. 13- Will. 3. c. 6. I. Geo. Sea I. C. I Dykes and Seabanh 6 . Geo. 3. 2. Sels. c. i.Sea. i. . 6 Geo. 2. c. 37. Sea. 5, i« ^ wm A A T A B L £ of the Principal Matters contained in the FcTpQtnal Acts o^ JVova Scotta. A I Cattle, pa. 42. / i. pa. 92. / 2. BATEMENT,A^/i/Judgmcnt3.|.^,_„^'^ ^ ^;V _/\ Abfconding Debtors, pa. 115 / I. el/eq. Accefiiiry, pa. 34. /. 26. Aftions, pa. 60. /. i. pa. 6?. y" 2, 3, 4- pa. 62, 5, 6. pa. 63. /. 7. S, 9. pa. 79. yl 2. pa. 164./. I. 2, 3- Adminillratioii, pa, 22./ 7. pa. 23- /. x^.i Agreement, pa. 46./ 4, 5, Anccftor, pa. 47./ 10. Anonimous Letters, pa. 33./ at. Apprentice, pa. 71,/ 7. Arfon, pa. 33-/20. Attornment of Tenants, pa. 1 60. /. I, 2. li Bakers, pa. 199. / r, 2, Bafturd Children, pa. 30. / 5. pa, 48.7. I. pa. 49./. 2, 3,4. Batttery, Fide Adlions. Bills of Exchange, pa. 31./ 14. pa. 95- f' 1, 2. Births, Reglftry of, pa, 1 1 1./ i, z. Bifcuit, to be fold by Weight, pa. 145'/' ''» 3» 4- Blalphemy, pa. 50./ I.' Bonfires, pa. 131./ 4. Boundaiy Lines, pa. 180./ 3. Bouniies, pa. 129. / 4. Bread, pa. 56. /. 4, 5, 6. pa. 175. pa. 199./ 2, 3, 5. Buggery, pa. 30./ 6, Burglary, pa. 31./ 9. Challcge, of Jurors, pa. 35. y. 31; pp.. 104. Church, pa, 89. f. i. Churchwardens, pa. 83./ i, 5. pa. 90. /, 1,2. pa. 104. pa. 108. y-'4. Clergy, pa. 34. /. 27, 2 S. pa. 35. f. 29, II. pa. le.f. 34. Clerks of the Market, pa. z6,f. 4,5. pa- 51' f- 7r 8. pa. 85. /. 2, 3. pa. 199./ I, 4. Clippings, pa. 52./ ; Coin, pa. 51./ 6. Common Fields, pa. iSi./ 4, 5. Contraa, Vide Agreement. County Charges,pa. 186./.1. f'/?j. pa. 188.7.2,3, 4. County Treafurer, pa. iZy.f.u pa. i^-j' 5^ 7. Courts, pa. 68. pa. 123. pa. 184. pa. 205. Creditors, Vide Abfconding Debtors, Cullers of Fifh, pa. i ^^. f. 4. pa, 140. f. 6, 7, 8. Cape Breton, pa. 197, Carmen, pa. 91,/ 1. Carriage;,, pa. 9 1 . /. 3, D Deaths, Regiftryof, prt, in,/ i, 2. Debtors, pa. 4./ 6, 7, ^J'/V*? Abfcon- ding Debtors. Debts, pa. 97./ i. Deeds, Regiftry of, pa. 4. /. 8, i r, i2.pa.5./. ij.pa. 5./.I. et feq. pa. 96, Defer cers, pa. 28. / 4. Dcvife, pa. 20./ 2. Dilatory Pleas, pa. iyi./,()^ Di.Tcnters, pa. 1 1. / 2. Diftcmpers contagious, pa. 1 13./ 1-4* Diftilling Houfes, pa. 10. Divine Service, y:de Sunday. Divorce, pa. 44./ 5, 6, 7. pa. 1 1.;.' Drunkennefs, pa. 51. / 3, 4, j. Dykes, pa. 203. /. i, 2, 1 .F E. Error, I TABLE of Principal Matters* t h U ,^i: 1 M 'U Error, pa. 62./. 5. r/^u Judgments. Eltates, pa. 25./. 19. pa. 97./. !. Eftatc /«r 3' 4. pa. 30. / 5,6,7, pa. 3'- /■ 8— 13. pa. 32. /. 18. pa. 44./. 4^ pa- ^32'f-5' pi. 2^3* y- '• Feme Covert, pa. 4./. 10. pa. 20./. i. Fences, pa. 37./ i, 2. pa. iSi.y". 4. Fires, pa. 132./ 3. ctfeij, Firewards, pa. 131,/i i, 2. Fifli, pa. 42,/ 2. pa. 204. Flefli, tainted, pa. 42. /, 2. Flour, to be fold by Wciglit. pa. 45. /• 2, 3. 4- Forcible Entry, pa, 9./'i, 2, 3. Forgery, pa. 52./. a. Fornication, pa. 44. / 8. ForcllalU-rs, pa. 200 / i, 3. Frtncli Inhabitant?, pa. 74./, i, 2. G Gaming, Pa. 78./ i.ft/e/^. Cianiing Tables, Pa. 80./ 5. ' GiUigers of Calks, Pa. 118. / 1, ct feq. Pa. 139. y: 4, 5, General Ifllie, Pa. 51. /. 5. Goals, pu, 125. Guanlians, vide Minorit Guns, pa. 64. Halifax, Pcninfulaof, pa. lua./. 1. itfcq. Hay, pa. 85. / I.' Heir, pa. 47. / 10. Hides, pa. 121. / I, et.feq. Highways, pa. 38. / 4. pa. Ey.f. 3. pa. 123./ I. etfeq.-^^. 183,/. 1. et fcq. pa. 186. f.i. Hogreaves, pa. 38. / 3. Horfcs, diforderly riding in any Town, pa, 86. y: 1. lioufe burning, pa. ■^^. f. 20. Houfe of Correction, vide Work Ho life. 1 Idiots, r/WtfWork Houfe. Jeofails, pa. 1C8. / 1. n fcq, Iinpolt, pa. 2./ 1,2. pa. lyS. /. 2. Indians, pa. 129, Indicinunr, pa. 36. / 3^. IngrorTino, pa. 19. /. i. ct fcq, Infolvcnt Lcbu.rs p- . 42. / 7. pa. i-,i. J\i. ct.Jci. Infjlvent Eflaies, pa. 25./ 19. pa. 9:J\i.etfrr. Inicr.ates,^ra. 23. /. 12. et fcq. pa. 47- f' !'• pa. 67. ;. 9. Judge, pa. 47. /. 12. pa. 54. /? ,2, I,?, pa. 6;. f^. pa. iGj./ 1. pa. 1 70. y, 5. Jiidgmcnis pa. 47. /. 12. pa. 48. y:i3, 14. pa. 163./. 1,7,3. pa. 1^4. y. I. ctfcq. pa. 168. /. J. Ctfcq. Juries, Petit, na. 76./. i. ttftq. ja. 89. y: 7, 8. pa. 172. Jurors, Grand, f a. 8;. yi i . ctfq. pa. 172. Landi, pa. 2./. I. etfeq. pa. 98./. 3. pa. 4.9.7; J--4- Laws, Piiblicatior of, pa, ^j^ Lcaie. /. i, 2,3, Legacies, pa. 22./; 9. Legatee, rcfiduary, pa. 23./ 1 1. Lilnb, pn. 54./. 15. Lighr I ioufe, pa. 72./ 1—5. Liturgy, pa. ii.y, r. Il.ive iitoch, pn. 19./ t, Livery mid .'•'cixin, pn. 4^./, 1,3. Loan^ Nur feq. a. 183./. 1. 1 any Town, f. 20. vide Work ■ iyb\/. 2. 2. / 7. pa. . / 19. pa. .9. • 54- / ' 2, . iCj./ I. 12. pa. 48. 1,7,3. pa. . 16.S. /. 1. ■ ^^M' l^* .ctfq. pa. pa. 98. /. '57* j./ii. — 5, TABLE of Principal Matters. Loan,pa.i2C,.y:i,2.Fa.i28./i,2,3,( Priefts, Popilh, pa. 11. / ^. m ,2 -«*'■ pa. 150./ I, et,feq. pa. 165./. i, etfeq. pa. 173./ 1—5. pa. 176 / I. et.feq. pa. 177./, i. et. feq. pa. 194. / 1—4, pa. 206. /. I, ' 2, 3. Lumber, ^7i,"■■, Rates ofCaitiages, pa, 90,/, I p^ 5^. •'■ ^'3- .1 . Regiftry. P«.4./u,i2.pa.,5./:,tr. pa. 96. pa, 103,/. 3. Rcgiltci'c Fees, pa. 193.' '•- • — Kagtators, pa. 200. /. 2, 3. Rcprffentatives, pa. J95./. 1,2.' Retailers of Wine, &c. pa. 126. /" , Riverlnfhc^, pa.,^8.^^,^^^^^ Roads, ^7^^ Highways. Robbery, pa. 31./ ,0—13. Robbing Lodgings, pa. 32./ 13. Scales & Weights, pa. 85./ 2. Schools & SchoolmaiVcrs, pa. aoi /' «. 2,3' Seamen, pa. 21. / 6. pa. 26. / i, etfeii. Scrv.nnts, pa. 32./. i8. p«, ,no. /; 1. Sewers, pa. 100./. i. ttjh. pa. 147. y.r.a. pa. 183./ ,,2. '^ Sherili; pa. 47. / 9. Slaughter iloufc, pa. 106,/ 1—4. Slays & Sleds, pa. 86. / 2. Slop Cloathing, pa. 27./. 2. pa. 54. SuhlnTs, pa, a I./ 6. ■Squibs pa. ijo. /. 1, |» Subbing, pa. 29./ 3. SU'f5- / 2« Widow, pa. 23./ 12. Widow's Dower, pa. 25,/ 16. Wills, pa. 20. /. I. et feq. Witnefles, pa. 36./. 35. Woman, yide Feme Covert. Words, Vide Adtions. Work Hoiifr, pr', 7c. / 1 — 0. Worlhip Divine, pa. 11. /. i. .0 u >i E R R A t A. IT) A. 27. In the running Tide for 758, read 1758. Same Pagetn 1. 1^. •*■ {oxMaJefy^s rc&d Majeji/s. Pa 28. i. 24. forano read and. Pa. 33. in Marginal Note to Sedt. 2 1. for Brit. Stat. 9. G:o. 1. c. read 5n/. 5/j/. 9. Vco. 1. c. 22. 5f(f?. I. Pa. 38. In the Note at the Bottom for 23- Geo. 2, c. 12. read 33. Geo. 2. f. 14. Pa. 41. In the running Title for Cap. XyiT. read Cap^ XV. Pa* 61. in the Marginal Note to Seft. 3, for 2. Salk 40* Eng. Stat. i24. y 5 Jitn. read 2. 5dtt 420, £»!•. 5/a. »45. in the Marginal Note to Cap. 2. for Comdi read Council. Pa. aoa;' /& Y. An:io 'Trkejfimo Sccundo Regis G-Eovt.Gn II. Cap. II. 175?- m u i if I f it »i il ft Whereas it is thought Expedient, for the further Encouragement of La- bour and Indujhy vAthin this Pr evince, to grant Bounties and Pre- miums en the Clearing and Fencing of Lands, rai/ing Hemp, Flax, Grain, Roots, &c. and catching and curing Codfjh : And as large Sums of Money ivill necejjarily be wanting jor Payment of the above mentioned Bounties and Premiums; }Ve do hereby Grant unto His Mcfl Excellent Majejly, His Hvirs and SucceJJbrs, for the Vfes aforefafd, the fever al Rates, Duties and Impojls herein after mentioned; Be k ' therefore Enabled by His Excellency the Governor, Council, and Af- fomhly, and by the Authority of the fame it ii hereby Enabled and Former Proceedings Declared, That all the Proceedings heretofore by Virt'.ie of faid Refolutioris or Aifts, or any Part thereof, Ihall be and afe hereby ratified and confirmed'. i. • - tonfirtned. Monies due on Bonds unfatisfied, to be recovered in any Court of Re- cord. . II. And belt Enabled by the Authority afarefaid. That the refpcc- tive Bonds, peffedled by Virtue of. the faid Adts or Rcfokitions, (liall be and al-e hereby declared to be good and valid, and the Monies 'due thereon firall be recoverablo iq any of His Majefty's Courts of Record, purfuant to the Tenor of the iaid Bonds. As thefe Qlaufes of Confirmation muft, in thejr Nature, have aperpe- iUal Effe£l, they dre therefore' herein infertedi The Remainder of the A61 icas 'Temp ft dry. l'"rfons claiming Titles to Lands, &c. bj'VirtucdfCirants, Deeds, or Mil Wills, to hold the fami" according; to the 'I'ciior thereof. ■Poncffions by Vir- tue of fuch Grants, kVc. confirmed, not- witlilUnding any Want of legal Form therein No Pupift to hold any Lnnd*, &c, pthcr than by Ciranii from the Crown. C A ?. II. An A61 for confirming Titles to Lands and Qiiieting PoffefRons'. ¥)i()J()k E it EnaSJ^d by Iilis Excellency the Governor, Council, and ^B^ A [fembly, end by the Authority of the fame it is hereby Enabled, 2gwww That all Perfons claiming or deriving any Right or Title to any Lands or tenements, by Virtue of any Grants or Deeds entered in the Public Rcgiftry of this Province, or by Vir- tue t)f any Laft fVill or Tejlamcnt, Ihill have, hold, and enjoy fuch L r.v Purchaferj of fuch Land« tu bv iic> coin. table for wilfiil Wallc, Rents or Prolitt. :cui ion for delivering Poflcdion of fuch Lmds or TV the Perfons fo fuina; for the [ wments, to amc : Proviiicd, That if upon fuch rr.:d It jlull appear that the Rents and Profiia received, or th. committed, or both ofihcin, do cxacd the Va!u: yf fucli Waft Valuo Anno TriceJJimo Secundo Regts Ceorgii II. Cap. II. 1758. ■a m-.-- --^ Debtors may reco- ver their Lands on Payment, within Twelve Months from ad Oii. 1758, of tl.c Confideration Money paid by the lafl Purchafer, with all Charges. Value of the Debt, Intercft, Cofts, and Damages, and ihc Value of the Improvements, that Execution flsall illuc for recovering the faid Sum fo received in Rents and Profits, or i'us Value of fuch Wafte committed, beyond the Value of fuch Debt, Intereft, Cofts, and Damages, together with the Poflefllon of the Lands and Tene" ments fo taken in Execution as aforefaid. VI. Provided nevertbelefs. That any Debtor or Debtors, or his or her Heirs, upon Payment or Tender of Payment, within Twelve Months after faid Second Day of OSlobeVt I7<8, of the Con- fideration Money xt2\\y unA bond fide paid by tnc laft Purchafer or Purchafers under the Provoft Marftial's Deeds, of any Lands or HoufeSf with all Charges for neceflary Repairs or Alterations, fhall and may be intitled to recover fuch Lands and Houfesy fo taken in Execution and fold by the Provoft Marfhal as aforefaid. Debtors may profe- VII. Provided ajfo. That it fiiall and may be lawful nevcrthelefs, cute an Aftion of (q and for any Debtor or Debtors, or his or her Heirs, to have and AeUCredftor"*! profecute au Aftion of Account, againft his or her Creditor or Creditors notivitbjlanding. Deeds, &c. made VIlI. Provided alfo. That all fubfcquent Deeds and Convey- by I'urchafcrs under anceSt made and executed by any fubfcquent Purchafer or Pur- K"!3t"iIlone chafers under the Provoft Marftial's Deeds, fincc the faid Second Yerrfrw^ ido^. Djiy ofO£loSer, 1758, within the Space of one Year onlv, for any 1758, for a larger gjgater Suiti than is expreffed in fuch Purchafer or Purchafers Sum, to be void. ^^^^ ^^ Affignment, {hall and are hereby declared to be null and void to all Intents and Purpofes whatfocver. No Lands to be IX. Provided a/fi. That no Sale (hall hereafter be made of any fold hereafter by Lands OT Tenements, by the Provoft Marftial, by Virtue of any ^'lZ:'li"'''' Writ of Execution f. Not to bar the Title X. Provided olfo. That neither this Aft, nor any Thing herein ef any Feme Covert, contained, ftiall extend, or be conftrued to extend, to bar the *'' V h E J Title of any Feme Covert, or Perfon Non Combos Mentis, impri- Ifi'bUAa! ' ' ' fined, or in Captivity -, who (hall be intitled to lue for and recover any fuch Lands or Tenements to which they are intitled, within one Year after fuch Impediment (hall be removed. Refolutiort of the Governor and Council for Regillry of Lands and all former Regiftty of Lands codtnaed. Dtcds to be reffif* lrc«l at full length. XI. Jnd be ii further Enabled by the Authority aforefaid. That a Refolution or Aft of the Governor and Council, dated the Third of February, 1752, concerning the Rcgiftry of Lands in this Pro- vince, and that all Regifters and all Proceedings thereon (hall be, and the fame are hereby ratified and confirmed. n XII. Provided, That the Regiftcr of Deeds and Conveyances in this Province (liall, for the future, in lieu of any Memorial, Rr.- "jOer all Deeds and Conveyances in Words at full Length ; for \ which he (hall demand and receive fuch Fees for rcgiftiing as in like I ;'«<* The Eff«ft of Executions, ji.O. ii.r. is- ^ J- G. ni. r. 8. t, Stf. fr ■s, or hie n Twelve the Con- Purchafer ny Lands terations, lou/eSf fo irefaid. crtheleft, have and editor or Convey- ■ or Pur- d Second , for any urchafers ; null and le of any ue of any ig herein bar the M, impri- id recover athin one ^, That a the Third this Pro- eon ihall :yances in )rial, Rr- igth i for ing as in like ^7$^' ff*?? '^^c^m<\ Sect^do Regis Georgi^ ||, Qap. II. » like Manner hath heretofore been, ajlowe^: And thati^pon Proof of one crcdihl^fubfcribing Witj^efs, to the, due Execution of fu?hDe^ pr Conveyance, the fame fhaU accordingly be reglftred, without ' any other Ceremony, or Form heretofore ufed; apy. former Ufe or Cuf^pni to the contrary if^ any wife nQtwithJianding, ' - ' XIII. 4nd ^ it further EnaSled by thi Authority aforclliid. That if u T^ a ,1 any Original Deed fhall be loft, and Proof thereof in Court \itmg l?^tl ^A made, that then the Regiftry or Record of fuch Deed or Deeds ^"S"'*? ^*" ^' fhall^ be allowed to he good Evidence in any C^-.x of Law or £« '' ^''' Equity, within this Province. T/^ Additions to tills Aft, 34 G. II. c. iv. & V. G. III. c. viii. ,'.,'. r*ar,iafl*ad\f'^,,^, That a Me- Ji ^gmonalof all Deeds, Conveyances, znd Mortgages, which k3f^jw{J«>^^and after the F/r^^ Day of Mar<^b n^t enfuin^, Ihall be made and executed, of* or concernjwg, or where- by any Honours, Mamr, Lands, Tenements, or Hereditaments, in the Province of iVJ^v^-^fl/w, may be any wayj affefted in JLaw or Equity, fliall be regjftred in fuch Manner as isherein after direct ^d. and that every fuoh^ Deed and Conveyance thac fhall, at any Time, after^the (uAFtrJi Day of March, in the Year of our Lord One rhoufand Seven Hundfedznd Fiji, two, be madcf and executed, /hall ^adjudged fraudulcat and voiH, againft any fubfcqucnt Pur- chafer for valuable Confideration, unlefs fuch Memorial thereof .^in ^r^T^"" regiftred^as by this Aft is diredled, before the regif. mng the Memorial of the D..^ or Conveyance, under which fu4 fubfequent Purchafer or Mortgagee fhall claim. ,„k""u!?''u I ^^T'i^^ °^ ^" ^''^'* Conveyances and Mortgam which fliall have, before the Firji Day of Aarch aforefaid, if fhe Year of our Lord One nmfand Seven Hundred ^nd Fifty two, be^n flt any Tune, rnade and executed, of. or concerning, or wherebv tny Honours, Manors, Lan^is, Tenemms, c^, Hercd.^ments7^"Z the Province Qi Nova-Scotia, may be any ways affeaed in T.Ir Equity ihall be regiftred in fuch ^anner'as iTLr^^'^ft "diVeXr ^ -.f i ^"u'' P''"^' ^<^'^'y^»'^^> and Mortgages, which fhall be omit ed tobe fo regiftr--^, fliall be null and void againft any A bfb qucnt Purchafer for valuable Conlideration. ^ ^ J^jr* '^^'^^^^'^''^^''^^(^o^'^'^y^incesMA Mortgages, which ftiall Deeds *c of have ueen mauc and excepted before the faid FiM.: J lTJl:l Si' t'-.nL .aciearul our Lord 0^ Thoufand Seven hu^refi^Fif^lZ SM^S^' or fuch Deeds. &c; (hall be adjudged fraudulent. A Memorial of Deeds, &c. made before the III Afar^A I7CJ, Oiall be re- gmrcd a> herein after dircfted, or fuch Deeds, &c. Ihall be null and void. the Province) of, concerning. ni^^^\.\. a .^7 J^'^'J^'y. ) of, concerning, or which do nours. Manors, Lands, Temments, or Hcrcditam ny ways affcd iuiy H of KlA/nnA, (and not reRi'rfred * re- 0- before) to III B ^enti within the K'"'eJ a* hereiii ■'%':% ^unty after dircflcd, rn or before the 30th jifril, 1752. in any other Part of th'; Province, . On or before the ^tth Sept. 1752. A further reafon- able Time to be allowed by the trovernor and Council to Perfons out of the Province. 'J4nho Tricejimo SecunJo Regis Georg!! 11. Cap. H. 1758. County of Halifaxy within tlie faid Pruyincc, fhall be regiftred in Manner as is herein after mentioned, on dr before the Thirtieth D?y of April next: And that all fuch Deeds, Conveyances and Mortgages, of, concerning, or which do any ways affedl, any Honauyr, Mancrs, Lands, Tenements, or Hereditaments, within any other Pirt of the faid Province of Nova-Scotia, Ihall be regiftred in Manner as here- in after exprefTed, on or before the Thirtieth Day of September next tnfuing. I ! , IV. Provided always, That in cafe any Perfon or Perfonsj pof- fefled cf any fuch Deed, Conveyance, or Mortgage, made and executed before the aforefaid Firji Day of March next, ihall not be within the faid Province, before the Expiration of the epedtive Terms be- fore mentioned, fuch further reafonable Time Ihall be allowed for the Regiftring thereof, as the Governor and Council cf the faid Province fliall think fit. Memorials of Deeds, &c. to be regillred in the Once of the Pub- lic Reglfter at Halifax. Memorials to be regiftred, to be p'lt in Writing ur.df the Hand and Soal of the Grantor, Uc. V. That the Memorials of the Deeds, Conveyances, and Mart' gages, before mentioned, fhall be regiftred in the Office of the Pw^- lic Rfigifier of the Province at Halifax. Certificate to be indorfed bv the Re- gifter on all Memo- rials, and iigned by him. Provifo in cafe of De.ith of the Wit- nefles. rf >' VI. That all Memorials fo to be entered and reg'fcred, fliall be put into Writing, and brought to the faid Office, under the Hand and Seal of fome or One of the Grantors or fome or 0;?? of the Gran" tees, his or their Heirs, Executors or Adminijirators, Guardians, or Trujlees, attefted by Two Witnefles, One whereof to b* One of the Witncfles to the Execution of fuch Deed, Conveyance, 6t Mortgage, which Witnefs (hall, upon Oath, before the Regifterrfor the faid Province for the Time being; br his Deputy, prove the Signing and Sealing of fuch Memorial, and the "Execution of the Deed, Conveyance, or Mortgage, mentioned in' fuch Memorials, (which Oath the fiid Regifter for the Time being, or his Deput^^ are here- by empowered to adminiftcr) and the faid'Regifte;-, or¥isDeputy» (hall indorfe a Certificate thereof, on every fuch Memorial, and fign the fame. ... VII. Provided ncverthelefs. That if it fliall fo happen thaiboth or all the WitnelTes to any Deed, Conveyance o- Mortgage,hy this A &. required to be regiftred, ftiall be dead or gone out of the Province, before the Expiration of the Time hereby diredled for the Regiftring fuch Deeds, Conveyances, and Mortgageii, then the faid Memorial to be regiftred, mall be executed by fome or one of the Grantors or Grantees named in the Original Deed, Conveyance or Moi*tgage, his or their Heirs, Executors or Adminiftrators, in the •'Prcfc '>ce of Two othf'f credible Witneffes, One of which Witnefies to fuch Memorial h 1, on his Oath, before the ll^id Regifter or his Deputy, prove the figi ing fuch Memorial by fome or one of fuch Grahtors or Grantees, iiis or their Heirs, E:;ecutors or Adminiftrators, (which Oath the faid Regifter or his Deputy are hereby impowercd to adminifter) and the faid Regifter or his Deputy fliall indorfe a Certificate thereof, on fuch Memorial and fign the lamt-. VIII. Thai 1758. • ^rino Trkejfimo Zecundo Regis Georgii II. Cap. II. VIIL!r&<2/ every Memorial ofany Deed, Conveyance, or Mortgage, The Contents of fhall contain the Day of the Month, and the Year vhen fuch Deed, ^^^J^orials to be Conveyance, or Mortgage bears Date; the Nances and Additions "^' ^^^' of all the Parties to fuch Deed, Conveyance, or Mortgage, and the Placesof their Abode; and ihall exprefs or mention the Honours, Manors, Lands, Tenements, or Hereditaments, contained in fuch Deed, Conveyance, or Mortgage, and the Names of the Parijhest Toivnjhips, HamlctSy PrecinSls, or extra-parochial Places, within the faid County, where any fuch Honours, Manors, ^ands, Tciicments 01 Hereditaments, are lying or being, that are given, granted or conveyed, or any way affefted or charged by any fuch Deed^ Conveyance, ox Mortgage, in fuch Manner'as the fame are exprefled or mentioned in faid Deed, Conveyance, or Mortgage, or to the fame Effed. IX. Jndcv^Ty fuch Deed, Com^eyance, or Mortgage of which the original Dceds,4-c Memorial is to be fo regiftred, fhall be produced to the faid Regifter to be produced to or his Deputy, at the Time of entering fuch Memorial, who fhall ti>e Regift<^>- who indorfe aCertificate on every fuch Deed, Conveyance, or Mortgage, tificate"?heton^"" and therein mention the certain Day, Hour and Time, on which fuch Memorial is fo entered, which Certificate, fo indorfed, fliall alfo be figned bj' the faid Regifler or his Deputy, X. Which Certificates fliall be taken and allowed as Evidence of fuch ccfpe(3ave Regiflries in all Courts of Record in the faid Pro- vince, and every Page of fuch Regiflry Books, and every Memo- r^l that fhall be entered therein, fliall be numbered, and the Day of the Month, and the Year, and Hour or Time of the Day, when fuch Memorial is Regiftred, fhall be ente-ed in the Margins of the faid ilegiftry Books, and in the Margins of the faid Memorials. And the Regifler or his Deputy fhall keep an Alpha^Detical Calen- dar of all Panfl.es, extra-parochial Places and Townfliips, within the faid County, with reference to the Number of every Memorial that concerns the Honours, Manors, &c, in every fuch Parifh extra-parochial Place, or Townfhip refpediveJ' ,nd of the Names of the Parties mentioned in fuch Memorial. the Re^ifler or his Deputy fhall duly file every fuch Memorialin order of Time, as the fame fliall be brought to the faid Otiice, and Enter or Regif- ter^hcKiid Memorials in the fame Order as they refpedlively come Certificates to 'be allowed as Evi- dence. Method of Re- giftring, 'ind Filing. ..«'. Aium '^^f^f theRcgifler for theTimc being, or his Deputy, fliall be allowed, for the Entry of every fuch MemumU as is by this Ad: ^^s"^"'^^"'- direfted to be Rcgiftred, theSumofu,.v 5/;//%, and no more, in cafe the fame do not exceed Two Hundred Words; and if more. hsa^r thq^Kat^. vf Sixpence an Hmdred for all the Words con- Words : And the hke Fees for the like Nnmher pf Wo-a. .^n lained in every Certificate or Copy given out of the faid Office, and no more; and for every Search in the f.dd Oflice. One Shilling and XII. That 8.- Annotricejjimo Stcun^f>'R-egh GRORGn.H,,'CAl>v IL 1758^ .4 t'Sii' i \ \ V 1 III.' .1: enaltyonPorgerj-, and Perjury. an cafe of Moi t- gages being fatif- iied, and a i. erti- £cate thereof pro- duced and proved upon Oath, before the Regiiler, An Entry to be made thereof, in the Margin of the Regiftry Books againll the Regiftry of the Memorial jf fuch Moitgage. Public ASi I'.-i ' XiX. That if anyPerfon orPcrfons fhall, at -any Time, forge or cdunterfeittiny Entry of the Atknowledgracntof any farh Memorial, Certificate or Indorfdment, as is herein mentioned or direft^d' to be made, and i)C thereof lawfully convidted, fuch^Perfon or ?er- foTiS fhall incur and 'be liable to iuch Pains and Penalties, as in and by an Aft of Parliament made in th^Fifth Year 'ctf Queen Elizabeth^ (intitled An AEtagmjl Forgers of FdJjb Deeds and Writings) are. im- pofed upon P^rfons for forging and publi(hingof all falfe Deeds, Charters or Writings fealed, Court Rolls, or Wills, whereby the Freehold or Inheritance of any Perfon or Perfons. of, in, or unto anv Lands, Tenements or Hereditaments, (hall or may be molef- ted, troubled or charged. And that if any Perfon or Perfons (hall, at any Time, forfwcar him or themfelves, before the faid Regifter for the Time being, or his Deputy, in any of the Cafes herein mentioned, and be ther^-^r Perfons (hall incur, c.id be fame Oath had been made Province. lawfully convifted, fuch Perfon and liable to the fame Penalties, as if the Court of Record within this m any XIII. That In Cafe of Mortgages whereof Memorials fhallibecn- tercd in theReglfter'sOfhceasbefore mentioned purfuant tothisAft^ If at any Time afterwards, a Certificate (hall be brought to the faid Regifter or his Deputy, figned by the Mortgagee or Mortgagees, his, her, or their Executors, Adminiftrators or A(rigns, and.attef- ted by Two Witne(res, whereby it (hall appear that all Monies, due upon fuch Mortgage, have been paid or fatisfied in Difcharge there- of, which WitneflesAall, upon their Oaths before the faid Regif- ter or his Deputy, (who are nereby refpedively impowered to ad- minifVer fuch Oath) pre fuch Monies to be fatisfied or p*id ac- cordingly, and that they faw fuch Certificate figned by the faid Mortgagee or Mortgagees, his, her, or their Heira, Executors, Aflttiiv. niftrators, or A(r!grts, that then and in j t-U' I Ml CAP. Uh .u' i7S8^. 175S. ^rma Tric^imn Sccundo Regis Georgii II. Cap. III. forge or lemorial, •eft^d' to or ?er- as in and llizabethy ) are im- z Deeds, creby the or unto )e molef- bns (hall, Regiftei es herein ;rfon and as if the thin this alltbeen- 3thisA6t^ o the faid )rtgagees, ind.attef- )nie&, due •gc there- lid Rcgif-" ^ed to ad-» r pjiid ac- f the faid rs, Admb< lid Regifi- the mid s of fucli I, accord- refer-, and ovdin the rts within and other ch Nc^ice CAP. III. An ACT direaing the Proceedings agalnft forcible Entrv or Detainer. M®®S ^ ^^ ^naSlcd by His Excellency the Governor, Council, and g iB g AlJembly, and by the Authority of the feme it is hereby EnaBed, m^y^ V^^^ "J'°" Complaint on Oath, made to any Juftice of the Peace of this Province, of any wrongful and forcible En- try made into any Iloufes, Lands, T-nements, or other Poflef- fions, lying within any Town or Place in this Province, where fuch Juflice refides, or of any wrongful Detainer, or with holdino- witli Force after PofTcfllon demanded, of any Pioules, LandsC Tenements, or other PofTemonL, every fuch Juftice fliall, by War- rant under his Hand and Seal, direcftcd to the Conllables of fuch Town, caufe fuch Offender or Offenders to be arrefted and detained in Cirilody, until he, flie, or they, find fuiScient. Securities forhis, h£r, or their p^rfonal Appearance, at the next General Sejlons of the Peace, thereto anfwer fuch Complaint, and for Want of fuch Security, to b&committed to Prifon. Eng. Stat.S.H.6.c.g. Perfons making any forcible Entry into liouics, &-C. to be arrelted by .Varrant fi Ti a Jullice, and bojnd to af- pearat nextScHions of the I'cace, to anfwer luch Com- plaint. nera il._ And be It further Enaacd, 7'hat the Juftices of the faid Ge- -ai Court oj :efms, (hall have full Power and Authority, by vir^ •tue of this Ad to enquire by the Oath of the Party grieved, and ^.^^^f creoible Proof, as well of him, her, or them as make fuch for- cible Entry into Houfes, Lands, Tenements or other Poildiions, asofhim, her, or them, as detain and hold the fame with t-'orce as aforefaid : And if it fliall be found by the Jury, then and there returned and fv orn, that a forcible Entry is made into any Houles, Lands, Tenements or Poffeffions, or that the fame are detained and held with Force as aforefaid, then the fiid Juftlccs, by War, rant under the Hand of the Clerk of the lUid Court, direded to the Provoft-MarHial or his Deputy. (Irall caufe the llime Houfes, r 'A .^,^f ^f "^s or other Poirefllons, within Fourteen Days after fuch Trial had, to be refeized. and thereof the Party to be a^ain put into PolTeffion who in fuch Sort was put out oi- holden Sut. wherein no Appeal Hiall be allowed to fuch Offender or Offenders. And moreover the Party grieved Hiall and may by Adlion of Tref- pafs, recover treble Damages and Colts of Suita^ainil fuch Offen- Juftices_ in Scfliong to enquire of fuch' forcible Entry, a/id if provetftothe Satisfaitivjli of the Jyy. tlie Party to be apain put into Poll fcllioti of fuch Lands, &c. and recover treble Damages and Colb. : A p. rxh ftn!"; /'''^^/^^^^W^' That this Aa niall not extend or be con- Itiued to extend unto any Pcriun or Perfons. th^^ hi-e \vA th^ £»?■ Stat. ^,x el 'Occupation, gr have bcca in quiet IWeffiun of any Lands, Tene- NoV;oevtendto qu; c ments Ft "Tons who hnvt \m ^ I II 4 A/mo trici'ffimo Sccundo Regis Georgii II. Cap. IV. 1758. of Lanils, tat the ments or Pofleflions, by the Space of Three whole Years together SiiaceofthreoYears. ^^^^^ before, and his, hcr, or their Eltate or Elktes therein not ended or determined. (f^" Perfint under Di/abilitits intitUd to recover ty I Gto, III. c. ii. uit/jiii Five Years after • ^fedimenti removed. Under the Englifh Statutes it hns been adjiidj^cd, ill. What Afts amount to a forcible Entry or Detainer, vide ift Hawk. P. C. 145 & 146 ; tmd Dallon 2t)g i Dyer IZ2, 187. _ zd. What do not amount to a forcible Entry "r Detainer, vide Brooke's db. Tit. Durrfs 12, 16 ; I Injt. Zt^l ; 2 Injt, ZjJ ; I Salk. 356 ; Cro. Ja. 18 ; I Hwwk. P. C. 14.7 j Dalt. 300, 3d, On what P'i(rcflinr,s forcible I'.ntry or Detainer may be committed, vide Cro, Ja. 4.1, C«. CV'ij. 201, 4*16; lifv. 99; i^lW. 7V 4th, The Manner of awarding Rellitutinn, vide I Havjk. P. C. 152: Co. Lilt. 323; /)«//. 314; I t'l/if. 308. cth. What fliall be Bars to Reflitution anJ of Uipcrfeding Execution of the fame, vide t Hawk. P. C. 152-154; Dalt. 75, 81, 8+. Na DIAillin^ lloufts or Stills to be creded within the Town of Hali- fa.\, or within a Quarter of a Mile of'thc I'icket, il l,incs, on Pen, Ity cf£ioo. Surh St'illi dermeJ i'ubliv NulmucD. CAP. IV. An ACT to prohibit the Ereding of DiftilHng Houfes, or fctting up Stills within the Town of Ha/if ax, or within one Qiiartcr of a Mile of the prcfent Lines or Pickets of the faid Town. 11 J*"!£:S*^ -E if Eno^cd hy His Excellency the Governor, CouriciJ, and M n M yljfcmh!)', nnd by the Authority fthe fame it is hereby EnaSled, V» >"^ ■' '^ 1^'"'^ ^'''^'" '^'^'^ ^^''■"^ ^^^ Publication hereof, no Per- fon or Perfoiis whatfoever, Hiali credt any Diftilling lloufcs, or fet up any Stills fordinilling of Cordial Waters, or any Spirituous Liquors, within the Town of ILu'i/ax, or within one Quarter of a Mile of the prefent ^ ines or Pickets of ilud Town i on Pain of forfeiting the Sum r *" ^tie Hundred Pounds, for every Still fo fct up, and Dillilling Iloufe fo ere(^k'd ; to be recovered by Bill, Plaint, or Iin'^orniation, in any of His Majcfty's Courts of Record within this Province; one fourth Part to the Informer or Profccutor, the Remainiier to the Ufes of the Govt*rniuent ; and the f lid Stills (hail be deemed and adjudged to be a public Nufancc, and ihall be accordingly removed. t *• CAP. V. An ACT for the Fflablifliment of RJigiot^s PMck i^orjhip in this Province, and for I'uppreilingoiPo/^fr)'. rieainblr. 4v^j^ OR AS MV C H as IJr's Mn/e/iy uf^on theSeiilenentofil'ePro X F X vincct icds p/edjed, in His pious Conccni for the Advancement 'n-41^^i^ ofGOD's G/aty, and the more decent Celebration oj the Divine Ordinances amon^:jl us, to erdl a (Jhunhjhr Religious IVorJhip^ accord^ ing /. I75B. s together herein not 'iv< years after ^ 145 & 146; Til. Diirf/s 12, 7 ; Dalt. 300, !e Cro, Ja. 4I, "a. Lilt. 323 ; ;hc fame, vide J758. Anno Tricejimo Secundo Regis Georgh II,. Cap; V. II. Houfcs, lifa\y, or lit Lines 1 T ouncif, and hy Enailed, no Per- Diftilling ;rs, or any vithin one id Town ; for every recovered Courts of 1 former or nent j and ; Nufancc, • PMck Popery. of the Pre 'ni'ancemcr.i I the Divine '.'if>, accord' ing I wg to the Vfuageofthe Church ./-England; in humble Ihtitatlon of His Royal Example, and for the may effe^ual Attainment of m .Maieftv's pious Intentions, that we might in the Exercife of religious Duties/ be fechngjor the Divine Favour and Prote^ion, Be ii therefore- Ehaaed Ly His Excellency the Governor, Council, and Afemhly, That the «a cred Rites and Ceremonies of Divine Wcrlhip, according to the Liturgy of the Church eflahlinicd by the Laws of £«^/W; fl^afl be deemed the fixed Form of Worfl.ip an.ongft us, tnd tht. Place wherem fuch Liturgy (liall be ufed, Hiall be refpeded and known by the Name of the Church of England as by Law eflabliflxed. And that for the Prefervat.on of Purity and Unity of Doftrme and Dif- ciphnc m the Church, and the right Adnviniftration of riae Sacra- ments no Mimfter fhall be admitted to officiate as a Minifter of X\x^ Church of England, hut inch as fhall -prodi.ce to the Governor ' T'^'r"K ' M '^^', ^'^^ ^'■"'" licenced by the Bijhop of London, and (h dl pubiickly declare his Affcnt and Confent to tKe Book of Unmm Prayer, and Ihall fubfcribe to be conformable to the OrdeS an.l Confhtutions ot the Church of England, and the Laws ther^ eftabhlhed ; upon which the Governor i« hereby rcquefled to in! IV ''^ f •"^ftermtoany Parifli that riiali maki Prefentation o hirn. AiKl if any other Perfon pretending himfelf a Minifter of o n^'rh '^^vt/^' ^^'"' 'T'^'^ '° ^'^'^ A^' P'-'^^^""*^ to teach orpeachpubhckly or privately, the Governor and Council are SLI ^"^Po^vc:-cd tofufpend and file nee d.e Perfon S of this Ad 1 hat Proteftants. dilTenting from the Church of eZ. what Denomination loever. fhall have free Libmy of Confciencr and may erec^ and build Meeting Houfes for PublirWo f U " nd mav choc,le and eledt Miniflers for the carrying on I^i L^ice andAdminifbation of the Sacraments, accordhig to hei-fevenl < pm.ons, and all Contra.'ls made between their Mi^ifers and the.r Congregations for the Support of the Minilhy. a e her v dcxlai-ed Vdid. and fl.ill have tlir lull Force and to^a^ ^d^^ g t( the Tc.ior and Cond.tu,r.s tlicreof; and all fuch DiHcnters Ihall be excufed from any R.uesor Taxes to he made md kv^l for the Support uf the ellabhlhed Church af England III. Ami be it further EnaSled, That evcrv 7V/7, Pcrl7,n i-v ra hng any ccclen apical Jurifdidion. an>i eLryX^/fp ";//or" c- fon cxerc.lmg the Fundion of a PopiJJ.. Prirll,aJ\% { Z < « th s P^.^',nce on or before ilic T^cenfy Fifth Day of March x-r en o m^n" ?^'-V '^^-'I'-.^'^^y 'l^all. uponConvidion. bec^Xd to Inftcr perpetual Imprilonmcnt: And if any Perfon or Per 3n _..., „„.,.^^,„ toucgudtyui i-w/yy without BcncHt of Clergy. ' fcynun ui thg p,p^k Rchgm, or Popljh Pri,Jl, or Pcrlbm cxciciling the Liturgy of the Church of England eftabllllied. No .Minirter to of. fidate without a , CfrtiHcate from the Bifhop of Lot^ don. OthfM to be fl. Iciiccd. rrotcltantOifftnten e.xcqncd, . i ,'( and excuftd from Halts for the Sup. port of t'lc rlU- I'liihnl C hufth of lui^l.iiid. Eng.Sftt/. rt.tnf t». M II. III. f. /v, Sn:t. 3. I'opirtil'riefts tode- tint thr I'rnviiiio t'lore ilien Mirek l7i;o. in Pnin of I'l'i^i tuHllnn«rifon- mviit. Efeapr rn he deem I'd Fi'lohy. EHf. Stiit, 17 £i, <'• lit / \ ,..jilSL.i I i r 1 .111 I " 1 12. Pcrfons harbouring I'opifh Priclh to Ibrlcit^'so. Jnno rrkejjimo Secunda^Regis Geor g 1 1 H. Cap. V. 1758. offences to be dc- termineil at the Su- preme Court, or by a Special Commil- fion of Oyer and Terminer. Any JiiHice of the Peace may copiroit Popifh Priefts or" Perfons harbourin;; tliem, and bind the WJtnefll-sto appear. Not to extend to fiich Rnmiih Eicle- fiaftkal Perfons as are fcnt into the Province as Prifo- ner? of War, or dri ven in by Sliip wreck 5(C. the Funftion of a P.;i/7; Friefi, ^^^11 forfeit F^/^y Pounds.^ oae Moiety to Jlis Majefty for the Support of His Government in t.iis Province, and the other Moiety to the Informer, and (ha 1 be aho adjudged to be fet in the Pillory, and to find Suretu:s for his good Behaviour at the Difcrction of the Court. V. And be it EnaStel That every Offence againft this A6t. (hall and may be inquired of. heard and determined, at lis Majefty . St4p^cam Court, Court ofAShe, and General Gaol Dcltvety, or by a fpecial CommifTion of Oyer and rermmer. " VI And be it further EnaSied, That it (liall and may be lawful ■fot any Juftice i>f the Peace, upon Information by Oath, or any feclfonabie Caiife of Su(bicion. to i(rue his Warrant for apprehend- ing any fuch PofiJI^ iechftajlical V^r (on, Popijb Pr^rjh or I er(on exorcifing the Fundion of a Popijl^ Prieft, or any Perfons knowing. ly harbouring, relieving, concealing or entertainmg. them or any of them, and to commit any fuch Perfon or Pcr(ons .refpeO. vek ^ho (hall fo offend againft this Aft, to H.s Majerty s Gaol, for Trial as aforefaid. ancf to require Sureties for the Appearance of the Witnefs or Witneffcs, againft any Offender or Offenucrs, upon fuch Trial ; and to make Return of his Proceedings to fuch C ourt onthelnfor.i 1 ion of fuch Witneffes, andthc Examination of any Offender or Offenders. ; . VII. Provided nrccrthekfs. That this Aft (liall not extend, or be conftrued to extend to any fuch Romip^ EcchHiical P^J^^"^' ^'^^ (lull be fent into the Province as Pn(oncr8 of War. or who (hall by Shipwreck or any other Diftrefs or Neceffity be f >;^" '"^^ *';« Province fo as that fuch Pri(bners of War do not efcape before '■ fheycan be fent out of the Province, or that(vich P.rfons arriving through Neceihty as aforef.iid. depart out of the Provnice as f.n.^ tts thi may be Opportunity ; and that they alio for hw.th afRr their Arrival, attend the Governor or Commander in Cb.ef ot che Province for the Time being, if near the Place "^ -^^^.'l^'^^^ orothcrwifcaluAiceofthcPeace, and reprefcnt the Necc(hty of their Arri 1. and obey fuch Dircftions a. t(.e faid Governor. Com- n, nder in Chief, or juftice (hall give them for their nqwtur , nnd fo as th.t neither the fiid Pnfoners of War, nor tnc Hud I er- fons arriving through fuch Ncce(i.tv. (liall cxcrcfe '^^y /';<;/<>^- ../Jurifdiftion. or any Part of the Fun. on -^^./fJ^V'^ during his or their Abode in the Prov.ncc, m which Cafe he or they (hall be liable to the Penalties of this Aft. CAP. VI. s»iiJ:;itj{f 'nds- one nt in t!iis all be alio ■ his good Aa, fliall Majefty'o )', or by a be lawful 1, or any iprehend- or Pcrfon knowing- sill or any peftively, Gaol, for larance of icrs, upon iich Court ion of any end, or be funs, who \o (hall by I into the ipc before ns arriving ice us ft'O!'* iwith after incf of '(he Rcfule.'icc, ^JccciTity of nor, CoiP- nipnrturcj c faid Pcr- Kcclipjli- 'opljh Prir//, Cafe he or 1758. ^nno Tricefimo Secundo Regis GeorgiI II. Cap. VI. *li CAP. VI. An ACT for Eftablifhing and Regulating a MILITIA. ^ ^.•ww: ' >.-i«r ')^'n/S^ ^I'n^^^ ^^¥'\ ^t-^y\' ^'^y^i I^MSiiom to i>u Excellency p„,„i,i, ^jy^ the Governor of fhts Provmce, he is direBei to caufe a Mi- \C^l^ji ^'f^'^/'' -^f ^M^iM ^sfoon as poffihle : And Wwereas the Security and Prcfervation of this Province greatly depends upon thefatd Militia being tut into Methods, and under; fuch Rales as may make the fame moji ufefulfor the SuMort and Defence thereof and that the Inhabitants fhouldbe well armed and trained up in the Art Military, asivelljor the Honour and Service of His moft Sacred Majefly, and the Security of this His Province, againji any Violence or Inva/on whatfo- evcr, as for the Prejervation of their own Lives and Fortunes, and that every Perfon may know his Duty herein, and he obliged to perform the fame-. Be it EnaStcd by His Excellency the Governor, Council, and Mem- bly, and by the Authority of the fame it is hereby Enact, d. That fronf and p, r .- 1 , after the>//i).;../i)..,,;^,,, ,7^8, Alf Male Perfon.. Pliers. ST "»''" - and Inhabitants and their Servants, between the Ages of Sixteen anil Sixty rcfiding in and belonging to this Province, flv.ill bear Arms and duly attend all Muflers and military Exercifes of their rclpeftiv'e Companies wher- they Hiall be inlifted or belong, allow- ing T/;nv Months Tune to every Son after coming to Sixteen Tears of Age and every Servant fo long after ,is Timc'.s out, to provide themlelves with Arms and Ammunition. n. And the Clerk of each Company, once a Quarter Yearlv n l . l ,.* flia 1 take in pvk"^ T U\ ,^^ ..11 o r i- • • 1 -^ , \r. ^''""' Clerk to tikei Lift lu.ui riKc an c\aa Ldl of all Perfons living within the Prccinds «f th* Comp.ny or inch Company, and prefent the fiime to the Captain or chief °""* ^•""• Xhcer on Pain of forfeiting Forty Shillings for each Default, to tl in r"/ r v^^'^p ^^ '^''^' ^'^''' *° '^'' ^^' "f »^^ Company, 1 1. nV , n T ^ fy":5"^ *« be levied by Diftrefs and sSlc of vnitt Ufhccr, who IS hereby impowcred to grant the fame. HI. That every Perfon inlifted in anv Comoinv n.ill r« r-^n i> c 1 p".L L I •',%'" ^'"m ^^"'"e""^ "'■ ^^herwife fu/Tcr the l>u,ywh,rcr„Iift,i: • of h 'T^ ' r'!'^^' "";■> o'-^i'^'ly dirniilffd or removed out in I • r? T, ^'^^^"^'^^ "f '»^'h Company, aid in Cafe of Re- . ovulin.o the Pienndt of another Company in the fame Town ; PodMce aCtTtificate under the Hani o/thr Captain or S ^>'Wf the Precinct whereunto ho is rcmovccj, that he is^iii! f • » '^''n'l'J'^'"'"''*'^'^^ t"J-- inlifred as afarcfaid, do eyomnt n . - .^i^lZTi'Tu''''^''''^''^^^^ »r^tt^ •< J 10 iniiiua, he (hall pay as atinc for cvc^ fuch OfTcncc to '^»'«"">ini"K «4« Militia Soldlen how to be armed. ReKimentalMufteri and Tiaining of Companici. fowcr of Corn* milGon Officen, Military Watchc i. Atino Trkeffim Sieundo Regis Georgii II. Cap. VI. 1758. ^— I - I I- .1 ... I . ■» W I1I11^I — the Ufe of the Company to which he properly belongs, Ten Shil- lings, being thereof convifted before any one of His Majefty's Juf- tices of the Peace for the County wherein the Offence fhall be committed. '. ^ V. That ev^ry Militia inllfted Soldier and otiier Houfeholdcr refiding as aforqfaid, fhall be always provided with proper and fuf- ficient Fire Arn|is, confifting of a Mufltet, Gun, or Fuzil, not lefs than I'bree Feet jlong in the Barrel, two fpare Flints, and Twelve Charges of Powder and Ball fuitabh to their refpedtive Fire Arms, and to the Satisf^ftion of the Commiffion Officers of the Company to which he belongs, on Penalty oi Forty Shillings, for want of fuch Arms as is hereby lequired, and Tivo Shillings for each other de- fedtire Appurtenant ; and the like Sum for every Four Weeks he (hall fo remain unprovided or deficient: The Fine to be paid by Parents for their Sons under Age and under their Command, and by Mafters or treads of Families for their Domefticks or Ser- vants, other than \Servants upon Wages; to be levied on the Coeds and Chattels of the Offender or Offenders, their Parents or Maftei-s, by Warrant under the Hand and Seal of one or more of His Ma- jcfly's Juflices of the P^ace for the County wherein the Offcncq fhall be committed, and for want of fufficient Diflrefs, fuch Of- fender or Offenders to fuffer One Month Imprifonment and hard Labour. | VI. That Reglntiental Muflcrs fhall be made once in every Six Months, or as often as iliall be required by the Governor or Com- mander in Chief of this Province for the Time being, and every Captain or Chict Officer of any Company or Regiment, fhall be obliged, 01. Penalt}/ of Five Pounds, to draw forth his Company, or caufe them to be drawn forth, once every Three Months and no more, to exerclfe them in Motions, the Ufe of Arms, and flvoot- ing at Marks, or otiher military Exercifes, which every Perfon li- able to be trained, having Three Days Notice thereof, and not ap- pearing and attendi ng the fame, fhall, for each Day's Neglcit, pay a Fine of Five Shillt'ngs.^ VII. That the c'^ommi-fion Ollicers of any Company, or the, major Part of them . may order the corrcding and inuiifhihg DJP orders'j'nd Contempt on a Training Day, or on a Watch j the Pu- nifliment not bcinj;; greater than Commitment to hard Labour, not exceeding Forty Eight Hours, or Five Shillings Fine. VIII. That there be military ^Trf/f/w appointed and kept At fuch Times,' in fuch Places, in fuch Numbers, and underfwch Re; m- lations, as the Go^•ernc-r or Commander in Cliiciof this Tro- for the Time l^)cing (liall appoint} and that all Perlons able J.. ^...1 *u-» J.j.- «r Airf. Hi-ill hv thenifelve)!. or fome nro- Stead, to the Satisfadtion of the Commanding h, attend the Aunc, on Penalty of Ten SLil- thcrc having been due Warning given. rincc or Douy per Perfon in their ! Officer of the Watr imgs for each Dcfey's Council be, and hcrdw by are exempted from military Watches and Warding. XII That the Captain and Commiffion Officers of each Com- pa.,y null, and are hereby fully impowered, to nominate and anJ point proper Perfons to ferve as S,rjfci;jts and Corp,ra/s in their re- ncd.vx. Companies, and to difplacc them and appoint others m their Room, as f hey flmll fee Occafion. ■ XIII That r wire every Year, or oftner if required, every Ckp- vi.wof tarn orchid ()(hcer of each Company, fl.all give Order for^adl ^'^t Z 1 fml nf r""r'^ ^'' ^"'^'''"J' %"^ "*^^^ Inhabitantf within tie L.nms of Im Company, and of the Defers of A.ms or othcrwife and Names of rhe dcfcahe Perfbn.. that they mTy be rrolecuted as the Law hath provided, and th;t fuch CaTe m/ybc taken ae is proper to remedy the fame. Arm!"" 7t' '*^""^ ^'^'■''"" "^'^^ '' ^'y ^-^^ obliged frt »ty>vide- „ „ . Arms and Ammunition, cannot purchafe the fame by fuch Mr u! HowPrrfoniun.bl. «s he n,h. ifhe brinpo the ClcU of the CompinX S^^^^ ^^^^^'' '"^^ Uicrcof , according to the Appraifcmcnt of the ctcrk and two other Perfons Mem ben of the Council exeinptrj from Watchea and Warding. CommirtionOflioeri to mMioint Serjeant! and Corporals. of Armi to lit ic« • Ytiir. i6. u4nno Trkejftmo Se. undo Regis Georgii II. Cap. VI. 1758. Penalty 40;. for re- iufing to Terve as Ckrk. Clerk's Oath. His Allowance. Mcfting; of the Chief Odiccfi of the Ri'gimcut, their Power. Clerk nnt fo diltratn ex oHicio, Perfons mutually chofeh, he thereupon fhall be excufed from the Penalties for want of Arms and Ammunition, until he can be pro- vided, which the faid Clerk fhall provide as foon as may be, by Saleqffuch Goods, and render the Overplus, if any be; but the Party (hall notwithftanding give his perfonal Attendance upon all .Orcafions as other Militia Soldiers^ until he be fupplied, and at fuch Times rtiall perform any proper Service he may be put upon by the Captain or chief Officer of the Company he belongs to : But if the Perlbn be adjudged unable to buy /.rms, or to lay down thf Value propofed* if he be a fingle Man, he (hall be put out to Service by any two of His Majefty's Juftices of the Peace, to earn wherewith to buy Arms and Ammunition. XV. That fuch proper Perfon as by the Commiffion Officers of any Company fhall be appointed Clerk, and fliall rcfufe to ferve, fliall pay Forty Shillings Fine, and another be chofen in his Room, and fo until one do accept; which Perfon (hall be under Oath for the faithful Difcharge of his Office, to be adminiftred unto him by a Juftice of the Peac<^ of the County, in the Words following. rO U do /wear truly to perform the Office of Clerk of the military Company under the Command of h. h. Captain, to the utmoji of your Skill and Power, in all Things appertaining to your OJice, accord^ ing to Law, So help you GOD. XVI. And" for every Diftraint made for any Fine not exceeding '.Forty Shilling, he flial'l have one Quarter Part for his Pains and Trouble, and for fuch P'ines he may diftrain ex officio, and in fuch Diftrpf? fnall obfervc fuch Rules as the l,aw hath provided in other Cafes ; and upon Ten Days Nc ice fhall account with and pay the Oiptain or chief Officer what Fines he hath received, his own Part being deduced. XVII. The chief military Officer of the Regiment, as often as he fhall fee caufc, fhall require the Captain or chief Officer of each Company in his Regiment, to meet at fuch Time and Place as he fliall appoint, and there with them to confer, and give in Charge fuch Orders as fliall by them, or the major Part of them, be judged meet for the better ordering and fettling their fcveral Companies, and for the better promoting military Difcipline amongflthcmj and the chief Officer is hereby impowcred by his Warran., dirciSlcd to any Clerk or Officer of his Regiment, to fummon or caufc to be brought before them any Offender againfl this Adt; and according toLaw to hear and determine all Matters proper for their Cogni- zance, and to give Sentence, and to grant Mittimus or Warrants of Dillrefs to the Clerk of the Company where the Otfcnce is com- mitted; for executing which Warrant, if above Forty Shillings, he fliall have Ten Shillings out of the fivmc for his Pains and Trouble therein, and no mure. XVni. That no Clerk ex ojicio make Diftraint for any Fine until Six Days after the Offence committed, that fo thu Party may have 1758. AnnoT^ricefmoSecundo Regis GzoTs^Gii II. Cap. VI. haveOpportunity tomakc Excufcif any he hath, why hefhouldnot „„tii SuDaysaft* pay the Fine, and every Clerk that neglefts or refufes to account or the Ofl?n« S* make Payment as by this Law is provided, he, by a Warrant from '^"*''' the chief Officer of the Company, direded to the Conftable, may be diftrained on for fo much as he hath or fhould have colkaed df aiitrained for. XIX. That all Officers yield Obedience to theV/:rrants or Com- mands cf their Superior Officers, on Pcnaltv ^^ Pkie Pounds fr» \^ J^f^*'*''^?' .°". heard and determ/n.d at the next Meetin, o'f the'3;fef oltrs'tn^ ^S.^S^? Captains f the Regiment, and the Fine to be taken by Diftrefs '^«"* and Sale of the Offender's Goods, (returning thcOverplus if any be) by Wairant from the chief Officer of the Regimenf, diredted to he Clerk of the Company to which fuch Offender belongs, and to be applied to the Vk and Bt;;cht of fuch Company as the Of- ficers fo met ffiall agree, their Expences being firfl defrayed out of the fame, not exceeding Twenty Shillmgs. ^ ^ XX. That an Alarm at the Citadel in the Town of Ha/ifax be- ing made upon fuch Caufes as are agrcable to Inftrudions to be ^^"'•^^'^'"^ given by the Governor or Commander in Chief for the Time bein? to the OHiccr commanding at the faid Citadel, ffiall be by fi i n J a Beacon at the Summit of the Citadel Hill, or fuch other Place"? the Governor or Commander in Chief for the Time be nTflnf hereafter appoint, and by firing four Guns at the Parad?in he Tovvn of //..//a;.v, or at fucli other Place as the Governor or Com mander in Chief for the Time being ffiall appoint diftndlvo^e" after the other, and ulfo by firing four Guns alGcoJ fO dTf! indlly one after the other, and at theDiftance of Five ^S^. after the Firing the Four firft mentioned Guns at the ParXor S other P ace as aforefaid. all Perfons being called up to Arm unon which all the trained Officers, Soldiers, t nd other? capVbk 'to be J^ Arms that .ire then refident in the faid Town, SubTb or pf ninfulaof //.;/y^x, inCafethe Alarm fliould bemade ZLthZX at iiicli 1 lace or Places of Rendezvous as mav from Tim^ t^ ^- .0 appoi„«d by ,h= Governor o,- Commander in Chilf for heW mSv ',\"' ." '"'f, ''"^■'' Commands a, (hall be given fo^His MajeftysScmce. and that on the Penally of F;V.P<,L/orri-' MMis Impr,Jonmmt. The Members of His Maieftv^'c™S '"'""'■y !'■ ««.p. XXI. And Anno ^ricejjimo Secundo Regis Gv-OKGii II. Cap. VI. 1758. 'Ui Hi Penalty 40r. for firing Guns, &r. after Suiilcc at Ha. li/ax. Sec XXI. And for the better preventing of falfc Alarms, Be it fur- ther Enaclcd by the Authority aforefaid, That no Captain, Mafteror Commander of any Ship orVcffel, riding at Anchor or being with- in the Harbour of Chekc^o, or any other Perlbn or Perfons what- foever, either afloat or on ftiore, within the Town, S burbs, or Peninfula of Halifax, the Town or Suburbs oiDartmoutb, or Places adjacent, (liall prefume to fire any Guns or fmall Arms, or beat any Dn;m, after Sunfet, unlefs on fome lawful Occafiofi, under the Penalty of Forty Shillings for every Gun or fmall Arm fo fired or Drum beaten, to be levied by Warrant from any one of His Ma- jefty's Juftices of the Peace for the County of Halifax, (who is here- by impowered to iffue the fame and to give Judgment thereupon) by Dillrefs and Sale of the Offender's Goods, and for Want of fuch Diftrefs, to commit fuch Offender to the Gaol, there to remain until Payment be made of the fame. NottofvtcndtoOffi. XXII. Proiided always. That thisClaufc (liall in no wife bccon- cersoHiiiMajdiy'3 ftrucd to extcnd to anyCaptain orotherOdicer ofaiiy of HisMajcf- ilir m !hc Exe- ^x's Ships of War, for their Firing at fetting the W atcii, nor to any cutiln'of their "du- of His Majcfly's Troops on Shore or on Board, in the Execution '/• of their Duty. Perfons exempted from Training to be provided n\ itii Armi and Ammitniciou. Profccution to be witliinthrccMuaths. Fines how to be re- covered and difpofed of, XXIII. That all Perfons exempted by this Law from Training fliall, notwithflandii-.g, be provided v/ith Arms and Ammunition comnleat, upon the fame Penalty as thofe that arc obliged to Train. XXIV. Provided, That no Perfon or Perfon'; whatfocver ftuill be fued, profecuted, or his Goods and Chatels liable to any Sei- zure, by Virtue of any Claufe in thi"^ Acl before mentioned, bat within the Space of Three Mj^iths after tho committing the rcfpcc- tive Fa< C A P. X. An A C T to ^iQwmt foreJialli?ig the Market, ' r^H. HEREAS large Ramifies of H'Oe Stock, frcjh Provr/t^^ preikMevV.^-Vy Hw )f and other Articles, are imforted tnto thjs Provmce for Sale ^^ ^Z/5from the neighbouring Colonies, anddtvers Perfons make n . , ,, . ^^^^Praaice ofengrofjing the fame immediately upon the Arnvjl fU.r,nf to the ^reatPreiudice of the Inhabitants; Be it enaSfed by His t^r^t^^^' Coulil, andJl/ernbly and by the Author :ty ^.^ «^ J-^^ Tthfaiit is hereby Enaaed, That all Kinds of /m 5/..*. (Ox.« bcex.ofcdto fndlt/. excepted, alW..^y;vy^Pr^|fo«.G-«^ ^^A^ den Stuk which (hall be imported for Sale into any Port ot this ^^^^^ • „ Provi^Kc after Publication hereof, Hxall by the Importefl thereof be brouKht to feme Public IVharf and there openly exnofed to Sale for F.r/y Eight Hours; and public Notice (hall W given Notice to bed thmofthroTlh th'e Town or Plac^ where the iame (hall Ic ^ U....b,.^5 imported, by' the common Crycr: And no '^^^ ^'^^ J%lZ dead frefh Provtfon whatfoevcr. Gram, ,^''^' ^'^^ °V u n. Stuff! l^l, during the faid Forty. Eight Hours, be fold or .-., comaaedfor in r,rofs, to or with any Perfon or Perfons whatfo- ^,«^,r„^fl,, X on Pen Ity of the Forfeiture of th'e Article or Articles fo idd o„ i^n orr.^u. or biught. or contraaed for. or the Value thereof, upon Convidh^ ^« v.iu», ,^ tl! Oa^h of one credible Witnefs before any two of JIip IviaiVftv'* Jufticcs of the Peace, to be levied by Wariuru oi uu- irennderthe Hands and Seals of the faid J uiices; On^€^ . , fuch FarfeltureB to be to the Ule of the Informer, and thcj^ Half to the Ufc of the Poor of the Place where fuch Forfeiture (htH be incurred. ,, n^-jyt,/ iven ■J ■ : ~3SS::i . ^l^^^M^^i Not teTextend to Flottr, Bifcuitor Fiflk , Dead frcfh ProvIA- on, periihing, ex- cepted. Profecution within Ten Days. U OtDROf t ITi ■^A*. XI. .#jfe|g. II. Provided a/ways. That nothing in this Adt fhall be conftrued to extend to .the Importation of i^/oar. of all Kipds, BiTcuit Bread, or Pi/h. III. Provided alfo, That In Cafe any dead frejh Provijion fhall, at any Time be importe^^ which by the length cf the Paflage, or other Accident, Ihall be perifliing, or in a decaying Condition, That then, upon Application of the Importer to Two of His Majefty's Juftices of the Peace, fetting forth upon Oath, fuch the Condition of the Provifion fo Imported, fuch Juftices may, and they are herel)y impowered, under their Hands and Seals, to grant Per- miffion to fuch Importer, immediately to fell and difpofe of fuch Provifion in the fpecdieft manner, any thing in this hOi contained to the contrary notwithjianding. , ' • . IV. And be it further EnaBed, That all Profecutlons under this Adt, fliall be within Ten Days after the Offence committed. CAP. XI. i f.ng. Stat. J4 ic ^^.H. B.C. 5. Sea. 4.. 14. 29. Car. 2. .. 3. Se«««ry» /" the Year oiour M %7rlufand Se^en Hundred and Fifty mne. "° ^-XnTxc^d Ihall be good, where the Ellatc thereby bequeathed, J^" '^'^J^^ he Value of Thirty Pounds, that is not proved by the Oath of TbreeJVitneJfes (at the leaft) that wereprefent at themaking thcreot. nor uTlcfs it be proved that the Tejiator, at the Time of pro- nouncing the fame, did bid the Pcrfons prefent or fome of them Sear Witnefs, that fach was his Will, or to that Effcft ; nor unlefs fuch Nuncupative Will was made in the Time of the laft Sicknefs of the Deccafed. and in theHoufe of his or their Habitation or Dwel- ling, or where he or (he hath been Refident, for the Term of r.« d!s or more, next before the making of fuch JVdl except wnerc fuch Pcrfon was furprifed or taken fick, being from his own Houfe, and died before he returned to the Place ol his or her Dwelang. IV. And be it further EnaSlcd, That after Six Montis p^^^ after the fpeakmgofthe pretended rejiamcntary Words, no 1 eflimony /hall be received to prove any Will Nuncupative, except the faid Teftimony or the Suhftance thereof, be committed to Writing, within Six Days after making the laid Jl^iU. V And be it further EnaSlcd, That no Letters Tcjiamcntary or Probate of any Nuncupative Will, ihall pafs the Seal of any Court, till Fourteen L-s, at the lead, after the Deceafe of the Tj^rator be fully expired, nor fhall any Nuncupative Wilt be at any Time re- ceived to be proved, unlets Procefs have firft ilTued to call in the Widow, or next of Kindred to the Deceafed, to the End they may conteft the fame. And all fuch Witntflcs as ought to be allowed to be good Witnefles upon Trials at Law, Ihall be deemed good Witnefles to prove any Nuncupative Will, or :my Thing relating thereunto. VI. And be it further Enabled, That no Will in Writing, con- cerning any Perfonal EJlate ihall be repealed, nor fliall anv Claufe, Devife, or Bequeft therein, be altered or changed by Words or Will, by Word of Mouth only, except the fame be, in the Life of the rejlator, committed to Writing, and, after the Writing thereof, read unto the Tejlaior .nd allowed by bin, and proved to be fo done, by Three Witne/Jt t at the leaft. Provided nevertbelefs, 1 hat any Soldier, being in av.^ual Military Service, or any Mariner or Seaman, being at Sea, may difpofe of his MoiwM-j, Wa^es, and Perfonal E/iate, as they might have done before the mu ^g this Ad, and that nothing in this Ai5l Aiall alter the JurifdiAion or Right- of Probate of Wills, concerning Perjbnal EJiates veftcd m the Governor, or Commander in Chief for the Time being, who fliall _-^.!_ ^L - r i>:_u* I D^...<>.. nc fUotr Ko^ Kpfoip in pvprv fe- rqiUill IIIC iilllic i^ij^iii unu X v.mtCj A^ W'^j n — ---; ' fpeft, fubjea n^verthelcfj to the Rules and Direftions of th*« Aft F VII. And .21. f. 3. Sia. 19. -,i« I Nuucupativt Wiil» "^ 1 ■ I 1 Eng. Slat. 39 Car. aj c. 3. Sf.*/. XO, Not to be prnfQ^ after Six Mwit" unlcft, &IC, Eng. Slat. l^,\^ur.i^ c. 3. Siii, if. ' Lctttrs Tellamen- tary, &c. not to pais any Court tilll 14 Days aftar the I leftatorV Dcceafe,( E0g.SitH./^i^ li-An* c. 16. 5^. 14. Eig.Stat. 29. Crtr.j c. 3. Sfif. 22 Wa|| NoWiUinWiitiBj^ concerning Pcrfon^ Eftate, to be re-/ pealed, or change! by Word of Muuli only, unlelV coiDt; raitted to Writyi| ii) the Lite ojf th4 Teftatwr., . 1. 1 Soldicrt ani $• men exccptud. Not to extend toti Probate of Wi!li,| concerning F«rfon r*A_* '..^A^A ■ the Governor. EHg.Slai. a^.Ctfr.j t. 3. Std. i^y . 3l_.. .j8fiL_ 5 f^it. -ExeOtMs, know, iiig of fl^eir jieing ai)pointcdt toprove Will, in jb Days, &C. on Penalty of j/. per Mofltn. *** ' *^^'>^Ww^|^ m^ Eng. Stat, XI, H. 8. t. 5. Sect. 3. Upon the Execu- tor's Refufal, the Judge to commit adihiriftr-'tion to the Widow, or next UfKin, land on their Re- fufal, toPrbcipal preditors. for fup- ttg Wills. Af^^ Will to be proved, andrccofdcd in the Re?[ilcr's Officl font the faid ^^iV.and declare his or their Rcftxfkl of A^LecniT .? ,, 7 (^^t^ut juft ExcuTe-made and accepted for fuc^rtelTA /hall forfeit the Sum^of Fk.. Pounds every Z^VwtTS Every f. h t^l" tTfkd ^/^n^c^^^^^^^^^ hin.orthen.that'flSltfo"r:n? ^STnn ?' "'^^'''T °^ *^^ Eftate of.the D.ce^Slrfl d^^^ W/ annexed, unto the Widow, or next of -Kin t^JiSD^fafS^ :"tSS^^^> -oneorn^reoftl^prS^IS;^^ /u n V"'r"^''^ ^^ it further EnaBed, That If any Pcrfon' br-^,^r(iin. . Cegttcies afcertain. ,i£d, r ''■^n like Man- ftme) (hcdl exhil^it intrihrS^gS:;.;^ffiLr u^.'S'T^S; and true Inventory of thd whole Eftate of khe DeTeaf^' ' fe feKi! V IS then come to his Hana^ and Knowledge, and fl Sd thtc^o^ what and fo much As may further afterwards appfear; on HUi 5 '• forfeiting Ftve Pounds for ..v^r,, n/r.-./.._ twt, J,. "- thereof" ft S _ ''A and to be reco»« • i nevmltfiejis iTiat in Wills wiwrc/'^ lent of Debts, and of 1 ccrl.-'in particular i^egaey^*^ - •■* tl 1758; or Lej genera them{( pfrefen to acc< XL his Ad Pflate recovei duary ] XIT. {hall h, tbe W after tl grant 1 And in , firil cit the fare Perfon take I?o the Tw, the tent, and flia' [for, and ring nttc f all Sc iilly in f/u/age, fJManner ^ate, I Houj iJthc.-wii fppointc refcribt Jw/and ^■^ **^)lSp3« to th -mcFirJl "lefiduc lall legn ^ettleme: mi^ch lual, C3 or imm. 1 [M Rcfp I'crn. 465 ncci difft'tt its of Atit klie C'afr o timt 1 luvi i.iiiV''' I75^i Anno 'i'ricejjimo Sccundo Regis Gy-qv^gm II. Cap. XI. 23« or Legadfes, the Rcfiducor Remainder of the Eftate, is bequeathed generally to any one or more Perfons, other than the Executors thcmfelvesj in every fuch Cafe, an Inventory of the Eftate (hall be jpfrefented upon Oath as aforcfaid, and the Executors fliall be liable to account as Adminiftrators are, by Law, obliged to do. . XI. And any Executor being a refiduary Legatee, may bring his Adlon of Account againft his Co Executor ox Executors, of the ^^'■"'." •.'>' L^R''f« m^xt oiih^reptor, in their Hands, and may alfo (v.^ for and oTLS agi recover his equal and rateable Part thereof. And any other refi- ^■^'='="'"^"- duary Legatee (hall have like Remedy againft the Executors. IT. .-.., anri Diftrlbution of And be tt further cnaSted, That when and fo often as it , , - (hall ha^^; ..n that any Perfon di.slntrjhue, upon Application of ^^^^§.3. the Widow or next of Kin to \h^ Intejlate, within Thirty Bays c.r.i.c.xo.^^.tX after the Death of fuch Intejlxte, tlie fliid 'fudge of Probate <\\i\\ ^'""^'■'"" '^^• grant Letters of Aiminiftration to fuch Widow or next of Kin • ..^ And in cafe they ncglcd to : ply within the laid Thirty D.iys, upon ^firft citing (uch Widow ^r-.u of Kin, and their Rcfulal to accept ■ k J^'^^^"^^' ^"^^ y'% of Probate (hall graiU Adminillnxtlon to fuch iwUPcrfon or Perfons as he (liall judge fit ; and hu flull thereupon taKC ISond with Sureties, i.-, ..lanncr as is diredcd by the Statute of the Twenty^ Second and ^^^r/;/;/ Third of Charles the Second, ChaMer the te,tth, intitled. An Act for the better fettling Intcjlates E/iatcs : and fliall and may proceed to call fuch Adminifcrators to Account ifor, and touching the Goods of the Intifate : And upon due Ilca- l?!uf p-'-'^deration t! reof (Debts, Funeral, and jufl Expences of all Sorts, being firll allowed) the faid Judge (liall, and hereby is ully impowcred, to order and make a jufl Diftribution of the Sur- ^/u/age, or remaining Goods and Eftate, -,., well ReaUs P:.rfonal, in , j^Ianner following, That is to fav, One Third Pm of the Ww I ird [U o( the Real rator (half apply tothcGrnera/^^rmbfy* to grant aLicence for the Sale of fuch Part oi uch hea/Pfafe, as may be mofl convenient for the Payment of fuch Debts or Legacies, and before any Sale he made of any Real i/iate, the Executor or Adminiflrator fliall give Thirty 7)m/pub. hck Notice, by porting up Notifications in the moft publick P aces -n the Town where the deceafed Perfon lafl dwelt, and in the /«/. Ink Pr>nts^ ifany fuch there bc; and whoever will give moftfhall Jnive the Preference in fuch Sale. And in Cafe the Efhite of fuch W/... fhall be I^folvent the Executor or Adminif^^ ato ^11 make hke Application to the General Aljmbly for an Inmiry an for the Appouument of Commiffioncrs to inquire into 1^^ In]^, 'vncy and to examine and fettle the Claims of all Creditors and ^ic Amount oftheEflate of fuch Infohent, and to autliori efuch Executor or Adminiflrator to fell all the Lands and w'^^of Where Perfonnl Afleti nrc deficient, Real Klliite lliall be fold Idil'ayiTient of Debts and Lcjja- ciei. In cafeofrnfolvent Krtatcs, the (Jene- rnl Aflembly rtiail appoint (Jommif- fioneri to fettle the Claims ofCrfditori, and to fell Real F.f. titi to pay ihcm. M fj 26. Presmole. Perfoiii eniicinR Seunen or Mariiici 10 tlefcrt, Sec. forfeit j^ 10. or to fuflfrr Six Monthi Imprifonmcnt. I oiiviilioii Ijcforc thin- ludicei. jinno Tricejimo Secundo Regis Geokgii II. Cap. XII. 1758. fuch In/ohent, and to divide the Produce of the whole of fuch Eftatc, in due Proportion to and among the Creditors. For the Conftruftion of Wills by the Common and Civil Law, r!J$ SwinburnIi Treatife of Teltaments aod iaft Wills | and for the Devife of Real EAatct by the 29. Car, 3. c. 3. yidi Enuity Cafes abridged Tit. Wills and Tellaments. legatees and Devifces arc enabled to atteft the ExfCLticn of Will* by Brit, Stat, J. Git. 2. c. 6. CAP. XII. An ACT to prevent the Sale of S/op Cloathing^ and for punifliing the Concealers or Harbourers of Sea- men or Marines deferting from the Royal Navy. X(Si®^ HERE JS for the better carrying on the prefent War, it % ^'^ /;^/ been ilis Moji Gracious Majejlys RcyalfVill and Pleafure, ^fMS^/rom Time to Time, to fend large Squadrons of His Ships ^^^^ of War into North -America; And Whereas the Har- bour of HaVihx in this HisMajefty's Province of^ o\ a-Scoti a, from its Situation, great Convenience, and Safety for Capita/ Ships, hath a/ways hitherto been, and probably during the War, will continue to be the Rendezvous of His Majcftys Fleet in that Part of His American Dominions. And Whereas many and great Inconveniences have arifen to the Service of the Royal Navy, byPcrfons enticing, ajiftin^, har- bouring and concealing Seamen dcfriingjrom His Mafftys Ships, and by buying the Slop Cloaths ijued to Seamen on boird His Majeftys Ships i by means whereof they beccma fubjeti to Impofitions, and are induced t» fell their necejfary Cloathing 'to procure Spirituous Liquors, whereby they are rendered unfit for Duty, become Dfcafcd and Die for want of proper Apparel to defend them again/} the i/nJcmencies of the Weather, and by Means of fuch Pr. unices, the Commanders of His Majejiys Ships of War have been undr a Nccejjlty of deuminx fuch Seamen on board, not only to the great Prejudice of their Health ly fuch Confinement and want ofExerciJl; but alfo to the Difadvantagecf the Province, from the want of the AJJiftance and Labour of fuch Seamen. For Remedy whereof, Be it enatJcd by His Excellency the Governor, Council and Afjembly, and by the Authority of the fame it is hereby Enacted, That il^any Pcrfon iliall entice any Seaman or Marine to dclcrt, or har- hour, conceal, or aiTifl any Dcfcrtcr from any Shit> of War, know- ing him to be fuch, the Pcrfon fo offending Hiall forfeit tl\c Sum of Twenty Pounds, on Convidion by one or more credible Wit- ncfs, before any three JulVices of Peace, [quorum unus) for the Ufc of His Majcily's Government, to be levied by DiOrcfs, and for Want of fuch Diflrcfs, the Pcrfon fo offending Hull be commit- ted to His Majcfly's Gaol, there to remain without Bail or Main- {trizc tor liic op5t"c vi rix Jxisnttvi, Oi lilt luvii x luic n= inv st4iw ^inc fliall be paid. II. And m % I 758. II. u receive man or upon C credible lion of i or pledf the Pan of whi< His M? fuch Pe utterly ( Loan M vidted o Jufticeij nalry by d'^r to 11 prize foi nalty fh; III. I any Perfi longing t to Sale ai Seaman ( Juflicc oi commit i liver him to whom IV. i?< formation of the Pci That one fertcd or't I in fomc D ffufcd Adn ' Juflioc of ifTuc his V or them, fconders, Concealing I ficer only, I or Marine ^ 1 Dwelling-! I trance to rant as afoi Hiall forfeii ll_. !_ I t iicvicu n lllis Majcfl 7 17S8. s of fuch Swinburn'* • by the 29. jT Brit, Stat, 758. uinno Tricejimo Secundo Regis Georgii II. Cap. XII. ^7 ng^ and of Sea- War, it PleafurCf His Ships he Har-' '1 A, from ups, hath inue to be American we arifen !ng, har- hips, and y's Ships \ induced to , whereby r want of IFeathcr, (iy's Ships on board, cment and nee, from Remedy unci/ and ed. That , or har- r, know- tl\e Sum blc Wit- T the Ufc , nnd for comnilt- or Main- \ th? (M II. ^nd II. And be it further Enaacd, That if any Perfon (hall buy or Penrhy/-. buy receive as a Pledge, or exchange any Slop Cloaths from any Sea- »"g. «=<:• a"y Slop man ox Marine belonging to any 0/ HisMajefty's Ships of War ^ Cloathi.ig. upon Convidlion thereof, or Confeffion, or by the Oath of one credible Witnefs, or if fuch C/(?a/^j fhall be found in the Poflef- fion of any Perfon, upon Complaint that they were bought from, . or pledged or exchanged by fuch Seamen or Marines; in fuch Cafp the Party, offending (hall pay a Fine oifve Pounds, Forty Shillings of which to the Informer, and Three Pounds to the ' Ufc of '■ His Majefty'8 Government; and the Cloaths fliall be taken from Tuch Perfon and returned to fuch Seaman or Marine,, and lie to be utterly debarred from Recovering in any Adtion, the Purchafe or Loan Money for the fame. Any Perfon offending may be con- vidted of fuch Offence before any .one or rnoreof His Mafcfty's JufUce.s of the Peace, who are hereby impowcred to levy the Pe- nalry by Diftrefs, and in Default of Diflrefs to commit the Offcn- d'::r to His Majcfty's Gaol, there to remain without Bail or Main- prize for the Space of two Monihs, gr till fuch Time as the Pci nalty ihall be paid, ♦T :u«f., n III. Beit further EnaSled, That it fball and may be lavyful fpif any Perfon, upon feeing or knowing of any Seaman or Marine be- longmgtoanyofHis Majefty's Ships of War, felling or expofmjf to Sale any of his or their Cloathing or Slops, to apprehend fuch Seaman or Marine, and carry him or them immediately to fom« Jufhcc of the Peace of the County, who is hereby impowcred to commit luch Seaman or Marine to His Majefty's Gaol, and to de- liver him or them over to the Captain, or other OtJicer of the Ship to whom he or they may belong, ^ IV. Be it further Enadlcdby the Jutloritv aforefiid, That on In- tormation made on Oath, before any ofllis Majcay's Juftices of the Peace, by any of the Officers of I lis Mx]c\W^ShipsofWir That one or more of the Seamen in His Majefly's Service havede- fertcd or abfcondcd, who there is Reafon to believe lie concealed jin fomc Dwelhng or Outhoufe, whcr^ the faid Officer has been re- rfufcd Admittance, that then it (hall and may be lawful for fuch Juft.cc of the Peace, before whom fuch Complaint is made, to I ^'J"' '"• Warrant to fomc one or more Conllables impowerin.. him I or them, .n the Day Time, to fcarch for flud Detrters or Ab- le onders, innnv Dwelling or Outhoufe that (hall be fufpedtcd f-r C oncea mg (a.d Dcferters or Abfconders. accompanied lly ortc Of- ficer only, txxhtv Lteutenant or Midjkipman, and' no other Seaman \orM,tn„ev,ahhym, and in Cafe any Mafter or MKtrefs of Z Dwelhng-Hou(e or Outhoufe in this Province, fhall rcfulb F / ranee to find Conftablc or ConOables, fo impowcred by Wa.' ran as aforefa.d to fcarch f(,r faid Dcferters or AbfcondcMs. The; |fliall forfeit the Sum of >r«/y Pounds, upon Convic^tion.'J hj: iiV' m^^'aVT'^."* ^^;^''^''' ""''*^'" the Hand arul Seal of two of |H.s Majcrty's Jufticesof the Peace, fron) off the Offenders GchhIsT and Any P'rfon may apprehend Seumcn or Marines felling their Clotthi. Any JulHce may grant a Wnrr»nf to icarch for Df ferteri, where the UHicer has been rclufej Admittance. Cnndable to frtirch in (.'ompaity of out Utlicer unl^. Pr«fnn« rpfiifinj* Admittance foiftit i?v Anv Juftice may in the- Night demand Admittance, and on Refufal, the Maf- ter of the Houfe to forfeit;^. 10. or fuft'er fix Montht Imprifonment. Defertert to be committed till de- livered to their Officers. Aft to continue during the prcfent War. - Anno 'TriceJJimo Seeundo Regis Georoii II. Cap. XHI. 1758. II ... ........... ^ . ^^, and for Want of fuch Diftrefs, Hiall be committed to H-'^Majef- ty's Gaol iov Ji)( Months', ^nd that it fliall and may be kwflrf fbl any of His Majefty's Juftices of the Peace, who are liereby required upon Information on Oath as aforefaid, in the Night Tfnti^ in hi^ own Pcrfon, attended with, the ConftaWcjr, atcompanied hy itti^ Officer, either Lieutenant ovMidJhipman, und no othct Seaman bvMdH'in with him, to demand Entrance into any Dwelling Houfe ot Qut^ houfe in this Province, on, Su(picion of Deferters or Abfcpnderi being concealed tfiere, and the Maftcr or Miftrcfs'refiifin^ En^f trance to fuch Jufticeof the Peace fdcIimaMing^ Entrance in 'the Night Time, fhall forfeit the Sum of Thvei^' Ptkmds, to be levied as aforefaid upon Conviftion ; and for Want WfiVick-Dirirefs, to b6 committed to His Majefty's Gaol ior fix MontBs;- \ht aforefaid Sums to be for the Ufes of this Government: And that the Pcr^ fon or Perfons fo apprehended fuppofcd to be Deferters or Abfconi. ders from His Majefty's Service, rtiall be committed to His Ma- jefty's Gaol, until Proof is made before one or more of His Ma-» jcfty's Juftices of the Peace, of his or their Dcfertion or Abfcon-; ding, and then to be delivered up to fuch Officer or Officers of His Majefty's Navy who fhall make Demand of faid Deferter or Deferters. And in Cafe faid Perfon or Perfons fb committed are not Deferters, Abfconders, or fhall not be in His Majefly's Ser- vice, then fuch Perfon or Perfons to be difcharged without Coftl i 4 •'V. Ana be it further Ehaf?rdi>y the Authority aforefaid. That this Aft fliall be and continue in Force during the prefent War and no longer. ' ; i i ' , VI. This Aft to Commence and be in full Forcft Ifotn Seven Days after the Publication hereof, ... I'hit Act maJe frrpetttally 34. Gn, 2. t. \, I'rfaOin. Xng.Sltl.i^.EJ.y St*t. j.e, 2.ijtEng. Slut. I. A/dtr, r. I. Kit, 7$-77' c A P. xm. An ACT relating to Treafons and Felonies. ^(5i!S»K E it enaSied by His Excellency the Governor, Council, and, % B % Aflmbly, and hy the Authority of the fame it is hereby Enatled, S^j-vS That if any Perfon or Perfons fhall comp.if« or imaginq the Death of the AV/»^,or ffiall levy War againft Him or ad- here to his Enemies, or give them Aid or Comfort, or Ijull forge or counterfeit the Kin^s Monev, being Gold or Silver Coin of England OT of Great Britain, or fJiall counterfeit the JCing's Great figure a Aiders i Benefit work Cf of the C III. ^ or thru ft hath noj fo as th( the Spac was done being th Clergy (,. IV. P who /hall inanyoth who in k fo as the ; pofe, unc M I. Ha« and judge Ko Sid Vide hit 'I'renfon, Sefl (i) Treafon Stiititte«corrcf *. Afl«r. (, J, (0 Vide Sti f'O Kel.i,, 'X'tide, c. 6. r 7 5 ^ • . Anno Tr IceJJimo SecitiM Rt'gis G do r g nil., QA P; Xlff. .Wor Privy Sea! or the Sealo? this Province, anrflrali ■"thereof be duly conviaed the Peribn or Pcrfons fo offending are hereby declared and (hall be adjudged to be Traitors, and fliall fuffcr as in Ar ?»?■•' ^''"-^"V (-'^ '"^ ^^^"^ ^" Treafons declared by the Ads of Parliament of /i,r/£/.W or of Grm/ Britain, Oiall be deemed and adjudged to be Irea/on within this His Majcfty's Province and none other (^), and thaL fuch Adls of Parliament as dired the . roceedings and tv.dence againft, and Trials of fuch Traitors, ff inai have har full l-orce and EHvd, and be obfcrved as the Rule ^^- in all Trials for Treafcn in this Piovintc. ^''^• .^9' Srlt. Stat. J. Jntti: c. aii Exg.Stat.-^.mihf. 'nfj/it inl'ritifcHi 49- ri. J^ndh it further Enabled, That if any Perfon with Malice .. . '" r^^u: ^f''- .^'^'^;V^^'"^■"",^"^ °^^^^ f^-^-^ ^° kill or J^al Sr^iE^"" on Pu pofe and of Malice forethought, and by lying in wait. un. ^^'-g^ N^ft^tt'oV^^N f''f '"^""S"^' put Lt' a,? Eye. ih'tthe Member of 5vPr "* ^i^'r ""^ ^'"^ °^"'^'- ^^^' ^"X ^imh or i-. ember of any Perlon. with Intention to kill or to maim or dif- figure any fucj Perfon. the Peribns fo oflcnding, their Counfelo Alders and Abettors privy to the Offence, ihall be Pel's W^^t Benefi of Clergy. Pro^ided.Xy.t no Attainder of fuch FeloZ Tl 7t:^^^''^ or Forfeitureof Dower. LandsVrG.'S" f' S- •5';'" I. -£■,/. 6. '•. 12. Sect, 10. r 'E»g. ^tal. ^.f/a^^, c. S- i^ En^. Suit., 22- w 23. ,0. », <■• I; .'/. . r*. ij I, , h ,^!,/,7 J a *^','""' "O' 'I'^i' "ny Weapon ,lnnvn, or that f'i»"» «■""« h.ith not then i5rft ftnckcn :he Parti- wl o iU\ fo ftab or thrnft i''""-' ' ,. H«.d Vilr hi, Difcourfr on Xl ^.7; "/^ ^ Publilhcd in ,76*,' ter by . .- *<=• ...I.) ... I ".t k ■ ■\'\ h.*i(\ (0 Vide SU„ Tri.I.. 6. Vol. p^g. ,„. WooJbourne .ul Coke'. C.fe. (if) Kel, ijo. I. Hile'n Hlft P c n 1. « ' ' miude. W.6. Oy //,, J/a/w, ,/^y/*■^J:;^.■ ' "«*•«•?• ^-^ «• JO. Judge Foflef. Difc.. on HiW* extend r *5o. Anno TmceJJimo Secundo Regis Georgii II. C A P. XIII. 175?. Murder of Baftard Children. Felony without Clergy. £«f , Stat. 2i.J/t.i. f. 27« eontimitt/ by Eng, Slat. Car. i • c. 4. till continuni cr tiijconthmej by Par- ImmcHl, Buggery, ''efony without Clergy. Ene.Slal.i^Hrn. 8. t. o. reviled i^ maJt perpetual hy Eng, Slat, 5. Elis.. c. 17. ^flault with Intent to commit Buggery, Pillory, &c. Rape. Felony without Clergy. Eng. Slat. H'tjim. 2. 13. £,/. I. <-. 34. Cpmpltint in Ten IJiiys. Bj Eng. Stat. H'rjf, I. 3.r fu^h -trl' ^{J^^'l'"^- ^'^^^'-''^^^ Tli.uifany Perfon or Perfons v r fl.a by N.ght break opcnjtnd^uc. any D4li,ng Iloulb. S^ 4'S:i;,..«. or U aiehouk-, or any \ eiJcl lymg fo near the Land th.at it be ad? '■ l^- i'-'-^. ,-. ,. judgt-d within the County, with an Int^-nt to commit any Fe'^nv ''""''"•'■''■'' '• \viiether luch feionious Intent be executed or not UA, '" X. Or fliall rob any Dwelling Houfe in the D^y Time, any r„k. , n Pcrlon being therein or break any Dwelling Houfe. Shop or ^'sLr'^^^^ Warehouic thereunto belonging, or therewith ^ifcd. in the Day ^''^' V.r; f'p ^'^?;r^y ^lke_a^vay any Money or Goods of the V:dueofFr.v 6/.;/%. therein being, altho' no Perfon fliall be within fuch Dwelling Houfe. Shop, or Warehoufe. o fl a 1 rob nny other, or felon.ouHy take aw>y any Goods in a ly I well n^ flou/^. the Owner or any other Perion. being thereii/and^ iS XI. Or if any Perfon or Pe'rfons fliall by Night or by Day rob c: by \^.olence take Money, or Cioods.. Lm Sny PerLi p^.'tt m. W "' ^"^"^"'Sl-ay«, or in any Street^ or LanS ""u XII. Or fliall Feloniouily take Money or Goods from the P^r m of any other, privily without his Knowledge. XIII. Each and every of the Offenders aforrfMrl fl,-- a-i ■viU'.' cir': ';:^;^:1;:^:l ,";■. «;::, ?■• '«■ * <>«■ ^^ =- ».. m„. Robbery from th« Pwfon ill Iliuh- *vavs,\c. bvNiglit or b)' Day. ' £»g. !>/(it. 3. ;/v//. (^Mti.c.<). Sr^i; I. Stealii tr piivilv'. £''S- Slat, g E'lit. (.±. iHawk. P.C.c.,^. Aiders 4 Abfitori. Fflony with... 1 Clergy . St '.iliiijt Bills of Kxch.ingr, i^c. F.\t;. Stat. 2. (;«. X. r*i i.Wftwk. r.cc. 3R. j.imk. ^?.r. inJVmkdvH %. t)K f»I.e Pr-tc.iees. Kd. .11-, '» Mid. p c. 54-. it. J Tnft. c. I 4»— +:, 6i, »|.-8;. 4> Kel. 50. ?», the ^. Aimo Triccffimo Secundo Regis Gv.ov.c,\\ 1 1 . C a p . XIII. 1 7 5 R . the faid Particulars are termed in Law a chofe in J^ion, it O^all be deemed Fc/^wy of the fame Nature, and with or without the Bene- fit of the Clergy or of this Aft, in the fame Manner as it v.ould have been if the Offender had ftolen or taken by Robbery, any other Goods of the like Vahie with the Money due on fu.ch Bills of Ex- change, Bonds, Warrants, Bills, or Notes, or fecured thereby, and remainino- unfatisfied, and Oiall fuffer fuch Punifiiment as if he, llie or they, had ftolen other Goods of the like Value. X"'''. Provided, That no Attainder for any fuch Offence, fo made ruptionoTBlood&c. Felony, fliall work any Corruption of Blood, Lofs of Dower, or Diflierifonofllcirs. Receivers of Stolen Goods, Accfflhries. Eng. Stat. 3 If'i/'. y Mil. c. 9. Sici. 4. • Fitie Kotr at the Endofthit A:l. Punifhable as for Mifdemeaiiur, thougit Principal be not conviiteJ. Eng. Stat. I . An. Stat, 2. c 9. SeS, 2. Robbing Lodgings. Eng. Slat. 3 U'lll. i:! Ma. c. 9. Scii. 5. Servant* imbezll- ling Mailer's poods. Eng. Stat, i\Htn.?i. f. 7. XVI. And be it further Erin^ed, That if any Perfon or Perfons (hall buy or receive any Goods that fliall be flolcn, knowing the fame to be flolen, he, (he, or they, flull be deemed AccclTaries to the Felony after the Fadt, and that it (hall be lawful to profccute and puniih Perfons buying or receiving ftolen Gords, knowing the fame to be ftolen, or that fhr.U be Acceffary to fuch Felony before or after the Faft, as for a Mi/demeanor, to be punifhed by Fine and Imprifonment, altho' the principal Felon be not before convided of the faid Felony, which fliall exempt the Offender from being pu- nifhcd as Accefliiry, if the Principal flwll be after convided*. XVII. Jnd be it further EnaSed, That if any Perfon or Perfons fliall take away with an Intent to fteal, imbezil, or purloin, any Goods, Chattels, or Furniture, which by Agreement they are to ufc, or (hall be let to them to ufe in hir, her, or their Lodging, fuch taking, imbcziling, or purloining, fliall be adjudged to be Larceny and Felony (I). XVIII. And be it further Knacled, That if any Servant or Ser- vants fliall go away with the Cafkets, Jewels, Money, Goods or Chattels, delivered to his, her or their Keeping, by his, her or their Maflcr or Miftrefs, with Intent to ftcal the fame, and de- fraud his, her or their Mafter or Miftrefs thereof, contrary to the Truft and Confidence in them repofed, or being in Service, with- out AfTcnt or Commandment of his, her or their Mafter or Miftrefs fhall imbezil or convert the fame to his, or her Ufc, with Purpofc to ftcal the fame, being of the Value of Forty Shillings or above, every fuch Offender or Offenders ihall, upon due Convidion, fuf- fer Death as in Cafes o( Felony, without Benefit of Clergy fm J. ft) I. H«wk, P. C. c! ^v Scft. 10. Ktl 14. Hi. Not Felony at Commoa Law, ht- Mufe no Trefpafs, and wiihout'I'rtQiaft there can be no Felony. (mj i.Hale'sHift. P.C. c. fiv pa. 666— 669. i.Hawk. H.C. c. 33. Se«. 11 — 17. . . ^ XIX. provided' (m) I.Hal ]. Inll. c. 44. 'm. or carrying any of His J I iiig in any S the Value oi Larceny and on Trial to be punifliab Court, befo and it fliall ; dcr to make Offender to lx>ur, for a their Difcrel XXIII. y Chattels, ^ Burglar, Ho, vcred by the M I. Hawk. Judge Foftcr's R •"•• J 76- Holm I75B. 1758. ^»ifo Tricejf'mo Secum/o Regis Gboicgii. II., Cap. XUI^ w XIX. Provided th&t any Apprentice or Apprentices, within- the Not to extend to Age of Fifteen Tears, fhall be intitlcd to the Beacfit cxf Clerffy„ for Apprentice*, the firft OiFencc. ■ f"^- ^""- ";/"• Houfeburning. XX. Jjid be it further EnaSied, That if any Perfon or Perfon* fhall wilfully and malicioufly burn, or caufe to be burned, any Dwelling Houfe, Barn, O athoufe, or Warchoufe, ofano- ; ther, or any Publick Building, or any Hovel, Cock, Alow, Rick, or Stack of Corn, Straw, Hay, or Wood, of another, all and every fuchi Perfon or Perfons fo offending^ and their Aiders, Abettors, and Counfcllors, fhall, upon due Ccnviftton, fuffer'at Fchnsy and be excluded from the Benefit of Clergy («y. , ' XX\. Jnd be it further Emefcd. That whofoever fhall maU- AnonymousLetter/ ■M cioully fhoot at any Perfon or Perfons, in any Dwelling Houfe or ' Brit. Stat. 9 g«. i ^ other J^Iuce, or fliall knowingly fend any Letter without any '• "" ^'^' '* • £ Name, or figned with a fwlbttious Name, dcmaijding from any # Perfon or Perfons, Money or other valuable Thing, fuch Offender or Offenders, being duly convidted thereof, fnall fuiFcr zsFcJoiu, .) without Benefit of Clergy. XXII. And be it further EnaBed, That whofoever fhall felom^ Stealing in .ny nly u\ic and carry away any Money or Goods, iiv any other man- wjier M«nnw, r than is herein before declared and provided for, or fliall im- ^'■'''- -^'f"- 4- <»'«. 1 . or imbeziliing tha Kir?^'5 Stores Sar- ds or -r or I de- 3 the vith- tre(5, rpofe 30ve, fuf- ^^^H V, be. 1 — 17, 'cidd '] \ Larceny 8c Felony. Oil n be.^ii any of his Majefly's Stores, or the Utenfils, Furniture or C'onhing, in any Storehoufe or Hofpital of His Majefly, if fuch Oifender or Offenders fhall be found guilty of {uch fehnious taking or carrying away of fuch Money, or Goods, or of imbeziliing any of His Majefly's Stores, or the Utenfils, Furniture, or Cloath- ing m any Storehoufe or Hofpital of His Majefly. as aforefaid, to the Value o^ Twenty Shi/Zings or more ; Every fuch Offence fhall be Larcc-ny and Fe/ony ; and if the Value fhall be found by Verdi Larceny, by fuch publick Whipping as the Court, before whom fuch Offender fhall be convifted, fhall direft. and It fliall and may be lawful for fuch Court to order the Offen- der to make full Rcftitution, and in Default thereof to commit fuch Offender to die Houfe of Correftion, there to be put to hard La- ?f ''.'■'^^5 "" T^'""' "^! exceeding Three Months, as the Judges, in their Difcretion, fliall think fit. , J t» » n^^^^}^' &'^!" ''>^/^'r Ena^ed, That all Monies, Goods, p „•, ,. , Chattels. Merchandizes or Stores, found in Poflefllon of any s^'Z^ Burglar, Ihufcbreaker, Robba; Thief or Furloiner, fliall be deli- ^ " vered by the Juilice of Peace who fhall take the Examination of En^^.Siei.ii.Htn.t. f. II. 2. H.i'wk. p.c.f.ij.Sia. 49-sS. ji^. AnnoTriceJfimoSecundo Regis Cis.o'RGull. C a P. XIII. 1758. ^uch Offender, into the Cuftody of the Provoft MarflijJ or his De- puty, or Conflable of the Town where the Offence fhall be com- mitted, who fliall be anfwerable for the fame until the Offender be convidted ; and the Judge or Judges of the Court, wherein fuch Offender fhall be convidled, fhall order the faid Money, Goods or Wh Owner Stores, to be reflored to the lawful Owners thereof ^o^ and where appears" Goods to no Owncr fhall appear to claim the fame, they fhall be adjudged be forfeited. to bc forfeited. To be given by Jury to Profecutor, tho' Evidence not fufficient to convift Offender. XXIV. And in Cafes where the Evidence fhall not be fufficient \o convidt of 2i felonious Intent, and the Jury fhall declare that the Property of fuch Money, Goods, or Stores, is in the Profecutor, it fhall and may be lawful for the Court to order fuch Money, Goods, or Stores, to be delivered to fuch Profecutor. Not to debar the XXV. Provided neverthekfs. That fuch Delivery fhall not debar Partyof his Action, thc Party fo acquitted, or any other Perfon who may claim.the fame, from bis or her Adtion for the Detainer of fuch Money, Goods or Stores, fo delivered to the Profecutor. XXVI. And be it further EnaSted, That notwithflanding thc S>ig^7ta"T.'Aii. Allowance of Clergy, and burning in the Hand of any Princ^al Siai.t.e.g.Sta.i. Offender, the AcceJ/aries to fuch Offender fhall be arraigned and tried in the fame manner, as if fuch Clergy had not been allowed. XXVII. And be it further Enabled, That every Perfon which Clergy allowed but ^^^^ ^^^ ^^^^ admitted to the Benefit of his Clergy, being af- OfFenderi to be tcrwardtj arraigned, (liall not be admitted to the Benefit of his A«™6vr '''"S^J"^' Clergy; and that every Perfon convidled for Manjlaughter, fhall be r. "fj. " ' *' '*' ^* marked with an Af, upon the Brawn of the left Thumb, and for any other Felony, the Perfon convidled fhall be marked with a 7*, in the fame Place : Thefe Marks fliall be made by the Gaoler In open Court. And if any Perfon convidtcd of any Felony, for which he ought to have the Benefit of his Clergy, fhall pray to have the Benefit of this Adt, he fhall not be required to read, but without any reading fhall be allowed to be, and punilhed as a Clerk Con- vidt, which fhall be as effedlual and as advantageous to him as if he had read as a Clerk. Eiijf.Stat. J. Stct, 4. fj. Ann, And difcharged out of Prifon. Eiig.Slal. iS SliK, *. 7. ^*>r//i^r EnaSfed, That in all Cafes where the where clergy i, bencfitofClergyorof this Ad fhall be allowed, if the Prifoner allowed, PriiLr liuUl not, upon his Arraignment, anfwer diredly according to !!f"h'''"^ ■""!."'/"• Law, or fhall willfully fland mute, or fl.all peremptorily chalk nge It.inr^^rtl alcove Turw/y Jurors, or if any Perfon be outlawed on any Indid- "'^""^^y ^"dia. ment for fuch Felony, fuch Perfon or P.-rfons fliall be proceeded ^.imftby the Court, in the fame Manner as if he, fhe, or they liad been convided by Confefllon or Verdid. XXXIII. Provided neverthelefs. That no Man who hath had the i5cnei:toi tnc Clergy allowed him, nor any Woman who hath had t'le 36. Anno ^ricej/imb Sedundd IRe^is CtoRGii ill Cap. Xrtl. 175^- The Benefit of thii A£t not to be nU lowed more thf t once. Eng. &t(U, j^U ^ mU. iif Ma. {. 24 Se^. 13. ' Perfons allowed Clergy ftiall anfwer to oUicr Felonies excluded Clergy. Etig. Stat. 1 8. £//«. c. 7. Sect. 5. Witneffes for Pri- foncrs fliall h; fworn, & punifh- able for Perjury. Eiig, Stat I . Jjiit, Star, z. f. 9. Stct.j, Indiflments, &c. to be according to thePrafticeofEn. gland. FortnarConvi£Uoni confirmed. Savitig for Judg- tncnti depending. the Benefit of this A, the Fence Viewer to make orrepnir (iic)i I'fnce; and ilie Proprietor to pay iloiibie the Ceil. !8. Jnno'Trkefimo Secundo Regis GeorgiiII. Cap. XIV. 1758. Hogreaves to take up Swine going about the Strecti, &c. at Halifax, ai'J impound and cry thcni. To lie fold if not owned in 3 Days. SurveyoM of High. ways to hiive tiio Care of the Sticcis, &r, lit Halifax. Town OfTicer! to Vf «ppniiitCi,l liy a ' ''inniiufcv ti( fh(f (jfiiera! ACieinbly, «o Icrvf till next \Httm C'oiiit, N. Iti'ii th« (irniiJ Jiirv niiill .ijMioiiit othcis, nnd lu on ■iinuHlly. Pcrfons refufing to frrvr, forfeit 401. lowed more than Three Shillings per Day In his Account, for his ov/n Trouble and Time expended therein. And if any Fence Viewer, when notifipd, fliall negltft his Duty herein, he fliall forfeit Forty Shillings for every Offence. III. And be it furtherEnaSlcd, That noSw-ne (hall be permitted to go at large within the Streets, Lanes cr Suburbs of Halifax: And it fliall and may be lav/ful for the Hogreaves, fo often as they fliall find any Swine going at large within the Streets, Lanes and Suburbs of the faid Town, to impound them, and as foon as may be, caufc the fame to be publicldy cried, for which he fliall be paid two Shillings and fix Pence per Head, and three Pence per Day for fup- poriing each Swine, whilfl impounded ; and if the Owner there- of doth not appear, or refufes, wlthiii three Days, to claim the faid Swine, and pay the Charges, that then the Hogreaves arc hereby authorifed to fell fuch GsVMieat publick Audtion, and after deducting all Charges, the OverpLis (hall be paid to the Owner, when demanded. IV. And be it further EnaSJed, That the Surveyors of Highways, by this Aft appointed, fliall have the Care and Supcrvifal of all the Streets, Lanes, and Highways of the Town and Suburbs of Halifax, and arc hereby impowcred to prevent the fame from be- ing oblhuaed or incumbrcd, and to caule the fame to be mended, at the Charge of the Proprietors of Land bordering thereon : And they are hereby required t-o prefcnt all Nufances in the fiid Streets, Lanes, and Highways, \vithin the Limits above mentioned, at the next Central ^i.rler Seljions of the Pcaie, which s hereby im- powered to proceed afrainfl fuch Offences according to the Laws of £«_f/l7W In fuch Cafes made and provided. V. And be it further EncHed, That the Committee of the General Afjembly, to be appointed for tliat End, fliall and arc hereby impowered to nominaie Four fultable Ovcrfecrs of the Poor, Two Perfona forCkrks (-f the Market, TwoPcrfjns for Fence Viewers, Two Pcrl'cns for I logrcavos, and Four Perfnns for Surveyors of High- waystc 'crvcfor thoTown of //.;///tv dition thereof, :ind if upon fuch View and Examination, the faid '^^■^'*'""''"i'». *t.) Appraifers, or an^' two of diem, (hall judge that the annual Rent ot inch Lands or Tenements, will be iuduient to pay fuch Debt, Cods, and lawful Interefl for the fame, together with the ncccf- fary Kemurs, within Two Years, then the ProvoH Mardial or his Deputy (hill extend ih . fiid ICxocution on the Rents only, and cuufc the Perlbn or Perfons in Podedion, wheuitr I^tbtor or "Debtors, or their Tenant or Tenants, to attorn and become Ttuant to fuch Creditor or Creditor!*, and ihail pay Kent Q^iartcrly to luch Cre- Rfnti t(, iie puid e« ditor "'• ^'"*^''"* Frroitloiitoexrcnd on Rrnti only, (u Culluiciit to iHtiitv - -\ 4o- Anno Triccjimo SccurJo Regis GnoRcii II. Cap. X\. 1758. till fatisfied. If Rents are lOt fuflicient, Execution to be levied on Part nf the Real Eftate if convenient, if not, then on the whole, «nd P (TelTidn tliercDf delivered to the Creditor. ditor or Creditors, who may didralaforthefiime, if in Arrear, accor- dint? to the Laws of Great Britain ; and the Perfon in Poffeffion, refufing or ncglefting to pay fuch Rent, when dne, may be remo- ved from fuch Landb or Tenements by the Provofl Marfhal or his Deputy. And the Creditor or Creditors (hall and may hold over and receive the Rents of fuch Lands or Tenements, untd fuch Judgment, Coft and Interefl, lliall be fully nuisficd and paid. IT. And hcit further EnaSled, That if upon fuch View and Exami- nation as aforefaid, the faid Appraifcrs or the major Part of them, fhall be of Opinion that the yearly Rents of t!ie Lands or Tenc- m( ts of fuel Debtor or Debtors arc not fulhcient to fatisfy fuch Debt with Coft and Intercfl, together with the Charge of needful Repairs within the Space of Tv.o Years, then the faid Execu- tion (hall and miy be levied on Part of fuch Eftate, it in the Tud^ment of the faid Three Apprrifers it can conveniently be doncj but if not, then on the Whole of the Lands or Tenements of the faid Debtor or Debtors. And the Provofl Mardial or his Deputy ul PolfelTion thereof to fuch Cre- /ppr»ir<'rii to make «nd rniifcrilje an Apprailemcnt, to beanicxed to the r.xecution, »nd re- turned to the Clerk of the Court. u n rrovoft Mirdial to execute a Heed of the Prcmiifci to iht Creditor, Suhje-T to nnEquity (if Redcmjition. Clerk nejjlcrtinfj liii Huty, farfeita Debiori mnv r»- drcni ilieir t,and», ^c. ill (WO Ycin. fhall immediately deliver Seisin ai . „ o- ^ ditor or Creditors, and caufe the Perfon or Perlons in Pofleflion or Improvement thereof, to attorn and become Tenant* to fuch Cre- ditor or Creditors in Manner aforeiaid, and pay their Rent to him or them accordingly. And fuch Perfon or Per.fbns, fo in Poffef- fion, fliall be fubjca to be rcn-.oved, and be under fuch Rules and Regulations as arc herein before prcfcribed. Ill Andh it furtbtrF.na5ied, Tliat in all Cafes whcrean Appraife- ment as herein before dlreaed,{hill be made, whether the lame be of Lands or TenemL-nts, in Part or in Whole, or o\ the Rents there- of only ; the Appraifcrs Hiall ma!;.- an! fubfcribc a true and nr.par- tial Appraifement thereof, which fiid Apprailement bemg annexed to the I'Accntion, and duly returned by the Piovcll Marlhal or his Deputy, and fded and recorded therewith by the Clerk oftheCourt from whence the fame ilfucd, in a Book to be kept by lum for that Purpofe, and the ProvoO MarOval or other Otficer fervin^ fuch I'. x- ecution, (hall immediately execute a Deed of Sale ot luch I-ands or Tenements, to fuch Creditor or Creditors, in Confi. >ation ot th- Value found by fuch Appraifcrs. to be therein mentioned, who by virtue thereof, or of faid Return, ih dl make a j^'ood Title to hull Creditor or Creditor?, his or their Ilcirs or Ailij^ns in Fee. Suhjeit neverthelefs to an Equity of Redemption, as is herein after prelcn- hedi and any Clerk rcfufm.: or neglecting ^^i^^^'^^' i"«-'"'lJ^^f forfeit the Sum of Five Pounds, to be recovered by Adion of Debt by the Party grieved. IV Provided akcays, and it is herehy further Ena^ed, That it flvall and may be lawful for any Debtor or Debtors, whofe Eftate is taken in Execution, or their Heirs, Executors, Ad!5V,n!itn'!i)ri, or 1758. or Aflign lowing th Lands or count aga ner as is j- with the < pairs, as 1 liged to e: Rents, V,'] hereby all Debtor (h: fuch Credi render all I cutors, Ac able Poffef V. Ami found by t Coft, the( of Thirty not fooner that the La Audlion b) impov.-crcd purchafi ng Deed being tlie Law ; I thcEqultyc in Favour c miniflrators Sale, the L ginal Debt, or tlieir Atti to the Ilanc Adminiflrat ting to fuch duding tor inents do fc! the. 'he Cn Cafe, .hall j for the Rcfic VI. And I Debtor upon I Of Tenement: be found infii Jintcrcfl, and jcution may if .:jl. j 758 . Mno Tricejimo ^ecundo Regis G e o R g 1 1 II. C a p. XV. 41. and bring A(fHon of Account acainft or Afligns, at any Time, within the Space of Two Years next fol- lowing the Levying fuch Execution thereon, to redeem his or their Lands or Tenements fo extended, and may have his Adlion of Ac- count againft the Creditor or Creditors or their Afli«rns, in Man- « "^""" wilh tli'/rT'^^i "Vl^'T' ^I'\ T,:^ P'>'^"S the Original Debt ttSStL with the Coft and Intered-, and the Ch:irges of fuch neceffary Re- ^«"" pairs, as the Creditor or Creditorii or their Afilgns have been ob- liged to expend, ProvVdcd th.it they do not exceed One half of the '" Rents, which tlic Creditor or /. Hlgns. if he or they fee caufe, are hereby allowed to expend and lay out, and as much more as the ' Debtor (liall confcnt to, (who is hereby obliged to accept the fame) inch Creditor or Credit^Ns or their Afligns Ihall immediately fur- render all fuch Ellate to tlic Debtor or Debtors, tlieir Heirs, Exe- 'ur n' ^J"'"f '■^t°':«' or Alllgiis, and deliver up quiet and peace- able PoirclTion thereof. ^ V. Andk' itfunlMr EnaSlcd, That v^■hcn any EAatc Hiall be found by the Appraifers, to be of greater Value than the Debt and ):r^^^\ i^ ""' ^T^''r' t'^^ ^^ "'-^JiS^d, at the Expiration of Thirty Days next after the End of the faid Two Years, (if no fooner redeenied) to give publi.k Notice by Advertifement, that the Lancis or Tenements, fl) extended, are to be fM at publick Audlion by the Provcft Marfaal or his Deputy, who are hereby impowcrcd to fc-11 the fame, and to execute to the Perfon or Perfons purchillng the fune, a Deed thereof as of a Fee Simple, which Deed being rcg.ftred us by Law recpured. Ihall be good and valid in the Law; but in the mean Time and until fu.h Sale flnill be made. theEquity of Redemption ofiuchLandsor Tenements, Hiall beopen m Favour of fuch Pebtor or Dehors, their Heirs, Executors. Ad- n iniftratars. or Afilgns to recover the fame ; and if. upon fuch Sale, the fud Lands or Tenements, do fdl for more than the ori- gmal Debt, Coft. Charges, and Intcreft. the Creditor or Crd to or heir Attorney or Agent orAfiigns. fliall pay the Overplus in! to the Hands of the Debtor or Debtors or their Ileirs. Executo s Admin.Ar.uc>rs or Alllgns. the fiid Creditor or Creditors accoun- ting to Auh Debtor or ficbtors. for all Rents and Profits, firftde- duaing lor all neccfiary Repairs : Cut if the faid Lands or Tene- rnents do fell for lefs than the Debt. Coft. diarges and Intcrert thu. 'he Cred.tor or Creditors, or their Heirs or^fi-.g,,; Adi Ertatcs appraifedit a greater Value tluiii the Debt and Colh, to be fold at publitk Auaion, after 30 Days fiom tlic E.vpitatioii of the 'Lwa Vciirs, if not fooner redeem- ej. If fold for mor» than ilie Debt and Colts, ic, the Cre. ditor to pay the Debtor the Surpluf, «nd account for tlie Rents and Pro- fits ; If fokl for left, th« Creditor to have «n J/i^j Execution. VI. ^ndhitfiriUrEmael That when the RralEftalc of ihe ., Debtor upon Appnulemene, or when the yearly Rent of the Lii^dl . I^f f"' ""■" jafouiiJinfuniiientlolatisfyihc Juilgment, with Coll CW.. 'i'J '» <•>!•" Rf- intereft. .nd needful Repair., Tha.ii; ei.h^ Ca ^;:«wX' "«" " "" """r. jcution may .ITue on the faid Judgn.cn, for the Remaind^Tand bo *• levied 43- Anno Tricejfimo Secundo Regis GzoKGU \l. Cap. XVI. 1758. levied on fuch other Effedts or Eftate as can ht found of the Deb- tor, or his Body may be taken and detained until Satisfadllon be made of fuch Judgment, with Coll, Charges, and Intereft; any Law, Ufuage, or Cuftom to the contrary notwithftanding. ., ,„„ . ,„ Vn . Provided, That nothing herein contained fliall extend or Not to extend to ^ ^^ '^ . • • n ■ r t/-i Infolvent Debtors, bc conftrucd to extend to thcDetaining m Prilon any poor Inlolvent Debtor, contrary to the Law of this Province in that Cafe made and Provided*. , • Tkt Laiu JitTi riftrrid to, txpirtd, and w» That every 13utcher and other Perfon, who ihall kill or flaughtcr any Ox, Cow, Sheep, Swine, Calf, Lamb, or other Cattle, for Sale, (hall llaughter and flea the lame in the mod: clean and plain Manner, and fliall not on any Pretence, raifc, or blow, or ufe any fraudulent or deceitful Art to fet off the fame ; and no Butcher or other Perfon, fhall fell or expofe to Sale any Cattle killed, but what fliall bc killed or drcfled in the moll: plain M;)n- ner, and according to the Meaning of this Adtj and if any Butcher or other Perfon (hall offend in any of the Premiflcs, and be convic- ted of the (aid Offence, before One Jufticc of the Peace of any County, by One Witnefs or ConfcfHon of the Offender, or on View by fuch Juflico, he fliall forfeit fuch Ox, Cow, Sheep, Swine, ^'o. fon to fell any lint.. Flefh or i ah, 1 like y -i«itv Calf, Lamb, or other Cattle, or Part thereof, killed or dreffcd contrary to this kt\, to be dilpofcd of, by fuch JuAice, among % the Poor of the Town, where fuch Offence fliall bc committed, or among the Prifoners ; and (ball further forfeit the Sum of Five Shillings to and for the Ufe of the Informer, io be levied by War- rant of Diftrefs under the Hand and Seal of I'uch Juftice. TT. And belt further EnaEted, That no Butcher or other Perfon fhall fell or expofe to Sale, any ' intcd Fltfli or Filh, unfit for Sale, under the like Forfeiture unit Penalty, to bc profccuted and recovered, and to be difpofed of in Ma.mcr aforediid, unlcfs the f^iid tainted Flefli or Fifli be wholly unfit for Food, in which C.T^h the ii IJS^' AmoTnceJimoSecundo Regis Georcii II. Cap. XVII. # the Juftice before whom fuch Convlftion fhall be had, fljall caufc fuch tainted Flefh or Fifh to be burnt or otherwife deftroy«d. III. jind be it further EnaSled, That the Clerks of the Market clerk fth w ' fhall, and arc hereby impowered, ex officio, to feize and take ail k« may fdze oih fuch Flcfh blown or fraudulently or deceitfully fet off, orFifli tain- "'"^^'^ ^^^^ °' ted and unfit for Sale, and to proceed againfl and convift fuch Of- *''^' '" '^'*' ' *t fenders in Manner aforefaid, and the Fines arifing therefrom fhall be to and for their own Ufc. No M:rr;«|r9 to be foleniulzL-ii without Licente, or Ktitlce thrice given in Ibme Congregation, on Pena'ty of for- feiting jTjo. by the I'crfon offi. ciating. C A P. XVII. An Aa concerning Marriages and Divorce^ and for punifliing hicefl and Adultery, and declaring Poly- gamy to be Felony. £*^5 ^i ^,^'^^^^ h ^" Excellency the Governor, Council, and S ^ (JJ:Jf^% ^"<^h tf-^^ Authority oj the lime it is hereby Enaaed, k.3RW J?^*.^"y ^f ^°" prefutning to olliciate in folemnizing any Marriage, before Notice of the Parties Intention of Mar- riage fliall be pubhckly given, on Three feveral Sundays or Hoh Days^ m Time of Divine Service, in fome Congregation within u-V^'HT ""' ^°'^"'' "^^"^ "^'^ o^^Jie P'l'-ties do refidc, or for which Marriage Licence hall not have been obtained, under the Hand of the Governor or Commander in Chief of the Province for the Time being, fhall forfeit and pay to the Ufc of His Majefly's Government, Fijty Pounds, to be recovered by Bill. Plaint or In- formation, in any of the Courts of Record within this Province. II. And be it further Enaaed, That if any Clergyman, officia- ting as fuch in any Congregation in the Town or Towns, where P'^^J"""" «'""''"» made fuch Publication when thereunto reafonably requeued he njall forfeit the Sum of Fifty Pounds, to be rccov^ered^in Marn'r atorcfaid : And be fubjcdt neverthclcls to an Adlion of Danupes ""'' "■'''^'^ '" »" to be brought by any of the Parties aggrieved. ^'^^ '"' '^''• III. And be it further EnaSlcd, That if any ClerKvman Hiall rc- fiifeto marry any Pcrfons rcqucAing him thereto, and making ^I.c like Penalty known to him that they have been duly pubhlhcd. or have oh? '"' "'"""« '" taincd aLicencc as aforefaid.he fhall forfeft IheSum ofFi/t/^^^^^^^ "'"'" to be recovered in Manner aforefaid, and be fubjcd to the Tike Action of Damages {aj, ^ OrK;r^e7c:iei:Ld olifnlTonL'^tL^ 'V " "^'^ '"V« '" P"^-. in Holy ' - IV. And 44- ,inno Trcejimo %ecundo Regis Georgii 11. Cap. XVll. 1758. Polygamy to be Felony. Eng. Stat. I Ja. I.e. n . Not to extend to Marriages declared void by the Gover- nor and Council, nor to work Cor- ruption ot° Blood, All Matterf rela- ting to prohibited Marriages &c. to be deterniihed by the Governor and Council. Caufes of Divorce. T/jis Clau/e ii altertJ by I Geo. 3. c. 7. W the Power o/'i/i- 't'.H'ary. not erm M IV. A,J 46. Jnno tricepiH ^ecundo Rc^is GEoncni II. Cap. XVIII. 1758. t* 1 y No Aftion to 1-ie brouufit whereby to cliai-je any Pcr- fon toanfwer for he Debt, Uz. of tiuth'er, Uiilefs upon art Agreement, &c. in Writing, fiS'-Cil by the P.irty fa charged. Bng.Siat.zq.Car.z. c. ^.'Sect. 7. — 1 1. No Contrad to be allnwed/ur any Goods, &c. above j(|.io. unlefs the Buyer accept I'art, or give Earnc'.l, or f.gn a Memoran- dum in Writing. Eng.Stai,z<).Crr.i. c, 3. Sect, 7. Declarations of Tnifts, .'v.'C. to be proved by foi.ic Writing figno.! by the Party dcclarii-.r; the fame, or by his lall Will in Wri- ting. Exception as to Conveyances of Lands. &:c. whereby a Truft may ariff by Conftruilion of • r .- IV And he it further EnadM, That from and .iftcr the faid l^irjl Day o( May, no Aaion ^^11 be brought whereby to charge any Executor or Adminiftr'ator upon any Special Promiic, to anhver Damn'res out of his own EUatr, or whereby to charge the Dcfcn- aa«t upon any fpecial Prc.iufe, to anlVer for the Debt, Default or Mircarric"-es of another Ferfon, or to charge any Pcrlon upon any Agreement made upon Confideraticn of Marriage, or upon any Contradl or Sale of Larxls, Tenements, or Heredit^.m^nts, or any Intereft in, or concernIn|; them, or upon any Agreement that is ■ not to be performed v/ithin the Space ,of One Year from the ma- king therau.f:^"o* of any Truft or Confidence, flvall likevvife be in Writing, figned by be in Writing ^^^ Party grunting Of afligning the fame, or by fuch lalt Will figned by the Party, HevKe. or clfc Ihall be utterly void and of none Eflcdt. or bv fuch 1«U "'^ *^wT». I J f.\ , Vfrn. 151. HoHi9verf.it Whiting. Caf« under particular Diftinaionj determined to be out of the Statute of Frauds. Equity Cafci abridscd, to. 19. lo. (b) 2. Chanc. Cafes, 135. Lcik verfus Morncc, Cr; 1. Vent. 361. i.Vcrn. 366, ^| i7:-8. jinno rrkeflimo Sccundo Regis Glokgii II. Cap. XVIII. 47i IX. ylrJ le itj]u'tbcr EKa::lcd, That it fliall and may be law- s}.c,-ff < , fill for every Shcriflor other OHlccr, to whom any Precept or Writ cu\c wVk' "aid "o ' IJiall be directed, upon any Judgment or Recognizance, to do Exe- ''^■'''='^"t''- " '''•'' cution of all fuch Landc, tenements, and Hereditaments as any '"''^ ^""'^'^=- other Perfons be feized or polfclfed of in Trufl for him aeiinft whom Execution is fued, as if the Party againft whom Evecni^ion fhall be (ued, had been iei;:ed of fiich Lands, Tenements, and He- reditaments, of fuch Eflate as they be feized of in Trail for him at the Time of the Execution fued, which Lands, Tenements and Hereditaments, Ihail be accordingly held, freed from all Incum- brances of (uch Perfons feized or poilcllcd in Truft. X Andifany f.>/a7.r;...^', fi.all die leaving a Trufl in Fee ,, • , „ Simple to delbeiKl;r)hssH.u.., llich Trull H.all be Allets by De- "^h tS'cS^ fcent, and the Heir fliall be chargeable with the Obligation of his ^!"" of his A,;: Anccllor, as iftheEaatcinLaw haddciccndedtoiiim. Pr-iidcd that "'""" no Heir who fhall be chargeable by Rcafon of any Eftate or Truil uut not ou, made AfTets by this Law, fiaall by Reafcn o^ my Plea, Confefhon °^^" ^''^"^ of theAdion, or fuffcring Judgment by nimt dc dire, or- ot'^er Matter, be cnargcahle to pay the Condemnation out of his own Eftate, but Execution fliall be fued of the whole Eftate fo made AlTcts, mwhofe Hands focver it Hiall come after the Writ pur chaled, in the fame Manner as by the Common Law, where the Heir pleading a true Plea, Judgment is prayed againft him there- upon. ccllor, but not out of his XI. And be it further Enacled, That any Eftate P'lr avtcr vie ftnll be deyifeable by a Will in Writing figged by {he Party dtffng thefime. or by fome other Perfon in his Prefence and by his Fy prels Diredion, attefted and fubllribed in the Prefence of the De- vifor by three or more Witnriles; and if no fuch Devife thereof (hall be made the fame fhall be chargeable in the Hands of the PJeir .fitfliallcometo him by Reafbn of a fpecial Occupancy ns AfR-ts by Defcent, as in Cafe of Lands in iL Simple, !Z\n Cafe there be no fpec.al Occupant thereof, it fhall go to the Exe- cutors or Adm.niftratofs of tfie Party that had tlic- Eftate thereof Lyr;r A^'''1""V. ^^^ ^-"J- ^nets in their Hand a :! lull be fubjed to the Payment of Legacies, and be diftribu able after Payment of Debts, m the fame Manner as otlier Eftates of Intcftate Perfons are diftributable by tlic Laws of this Proyince. • ^"- ^>^\itfurthcrEnaaed, That thePirft Judge on the Bench Fe:"L" ?et d'^wn'^r^ "^'"'''^ ^t ''^," ^^V Ju^n.ent ^vftw! %■ ... a. tl. IV^nth and Yea. fliall be alf. ^^^^s:^^^ '2^^^^ Record, where thefaid Judgment fhall be entered. F-iig. Si.7/. 2(j, 9""-2.f.3.5V,v'. 12. i'.llatc /;(;• (r»lcr i-ll dcvifable by Will, If no Di'vife, to be char^t^cable in tli? hands of tlu' Hi;r ; as iificti by Defcent, if no Special Ocrii- pant, to ^o to Ex- ecutors, ,iu5j.cobe (iiilriLu i'ihfc; I \tn 48^. "l i ."W III ■■ "■!- ' ■ ■ ■ ••' Anno tricejimo Secundo Regis Georgii II. Cap. XIX. i75»- YTTT And fuch Tudsrments as agalnft Purcliafer'; bond file for valu- t^^^^^ ab^Sni^Ss of lands, to Se charged the.cbvn.all. in Con- faomi-ucliTime ftrudtion of Lavv, be Judgments only from iucn Times as tney °''^- (lull be fo figned, and fl.all not relate to the Firft Day of the f the Return NoSatiif'adiic'f li^ Oi.'-K . ov. K.ei.o.d by rr.otioii of an /4 lorncy, unlefs his Warrant be proved by Affidavit of One Witmfs. Stat. 2. c 3. Sect. Eitg. Car. 16. N'i Execution to bind the Property of Goods, but from the Time that it is delivered to the Sheriff. Term whereof they are entered, or to the Da'- of the Original or nling the Bail. XIV And be it alfo Er.a5led, That no Satisfaftion (hall, at anv Time, be entered en the Record of any Judgment, upon the Motion of any Attorney, except the ^^jd Attorney (hall prove his Warrant for acknowledging fuch SatKsfadion by AftdavU of One credible Witnefs in Writing, to be fikd in the 0(hce where fuch Judgment is entered. XV. AiJbe it further Enaded, That no Writ of Execution (hall b.nd'the Property of the Goods of the Party, againft wh on^^^^h W"t of Execution is fued forth, but from theTime fuch Wnt (hall bede- livered to the Sheriff, Under(heriff or Coroner, to be executed ; and the Sheriff, Under(heriff and Coroners dial!, upon the Recc.pt of any fuch Wrii. without Fee, indorfe thereon the Day of the Month and Year whereon they received the fame. Conftruaion .f Stat, of Fraud, refpefting Wills of Real Eftates. vide Equity Cafe, abridged, Tit. Wills and Teftaments, Let. A. r^CM/«//A.Eng. Stat. Z9. Car. . c. 3. Seft. 5. 6, & .9-25, au .na.,.d h Pr»v. lav) 3*. Qto. 2. c. n. ^•""•X "> ^'''^ ^ ^f/-""""" ^^'• Eng. Stat. liElix. f. 3. 7.7-. I. r. 4. Stct. 7. 13 «r 14. Car. 2. c. 12. Sect. 19. 6. Geo. a. f. 31. If a Woman be with Child of a Ballard likely to be chargeable to any Place within the Province, the Father to be bound by one Juf- tice, with Suretiet to indemnify fuch Place, CAP. XIX. An Aa to provide for the Support o^ Ba/Iard Children, and thePunifhment of the Mother and reputed Father. )r5.Jf^ E it Enacted by His Excellency the Governor, Council, and i^ B !f M<-'"^bly, and by the Authority ofthejame it is hereby Enacted, A^Ji that from and after the Twenty Fifth Day of March In- )at^A ^^^j if j^„ Woman (Inall be del'vered of a Baftard Child, which (hall be chargeable or likely to be rnargeable to the Province, me hav ng declared to the Midwife, or otherPerfons affifttng her nVthrTSnc of Delivery, who the Father of fuch Child was, and fl^^l laTe" fomeTime^before, declaixd herfdf to be with C^M and that fuch Child is likely to be born a B.ftard and to be charecabl'. to any Place within the Province, and haU m either of fuch Ca es, up^on Examination to be taken in Wnt.ng vmcn Oath befoJedne%fficeof the Peace near where ^^ ]^Pl^!'<'J^f/^«^ charKcany P^ 'g gotten her ^vith Child; it!l>«lUnd m%beTa^Vul for fuch Ju(lice.\.ponApplicat^ made to him by 1758. Anno Tn'ceJImo Secundo Regis Georgii II. Cap. XIX 45U the Overfecrs of the Poor of fuch Place, or any One of them, or fome fubflantial licufeholder of fuch Place, to iflue out his War- rant to apprehend fuch Pcrfon fo cliarged as aforefaid; and to bring him before him or fomc other cf His M.'cfly's fulHccs and to commit fuch Perlbn to Gaol or tlie Iloufc ol «~orred:ion, unlcfs he give Security to indemnify fuch Place from the fjpportin maintaining fuch Child or Children, and fliall enter into Re nizance with fuFiicicnt Security for his Appcaran g or ecdg- at ne.'Ct and to rppeaj;. at t^i.il S'.'ti'rif' Ji.ic futli ciii.d i';..;,;! rot be burt .en- fonic, or fa/ ^20. be difcharged from liis Reco'inizance at the nc;:t Scfilons, or im mediately releafcd out of Cuftody, if committed. II. And be it further Enacted, That any Two fuflices of the Peace near the I'lace where any Baftard Child fliall be borr unon *^'"" ^° ""■' "^'^^^ Complaint made by the OverO^ers of the Poor or any One of them", ^ i- £ KZ-'fr":" or of fomc fubftantiaj Houfeholder, upon due Examination of the ^'■•■' '''''"'' ■• '' ' ■» Caufeand Circumflances, (ball and may by their Difcretion m-'-- nn 5"' ^i'',-""'-'' ' ." ' Order for the'RcIiefof fuch Place, or Children, and for iwin" '^'''^— ' fuch Ballard Child, and that faid Mother or reputed Father of hi-h Child or Children, fliall find fuiiicient Security thnt fuch Child fliall not become burthcnfomc or chargeable to any Pb-cc in fild Province, or pay the Sum of Twenty Pounds, which fiall be paid into the Hands of the Overfecrs of the Poor for theSupport of fuch Cni.d or Children, or other Town Ufes. And if, after the f^id Order made by faid Juftices, and by them fubfcribed and dired-d to the Overfecrs of the Poor, any of faid Perfons, viz. Either the Father or Mother, upon Notice thereof, fliall not for his or h-r Part ooferve and perform faid Order, then fuch Party, makin^ Default, to be committed to Gaol or Iloufe of Corredion for the Space of Six Months except he or they fliall give fuflident Se cunty to perform faid Order, or clfe perfonally appear at the ncvt QlKirter Seflions and abide by fuch Order as fliall be made at faid Sclijons ,n tnat lulialf, ;,nd if no Order fliall be made at faid Sef fions, tiicn to abide by the {xk^. Order. III. ArJ it is hereby further lLna5led, That in Cafe any Woman Jhall accufc or charge any Man with liaving rotten her wirh CWAA ^T"" »""''"« .ho.,s ,1,= V/o.n.„ b= L.wUh Child. c'rlhaeJho Chi'ld'i? ; "^SS^fS^ icaily Jus. hut annciirs fn hf onlir ^ r> — ._: . , ^ . Hn„r„„f(^^ nr on F;,ilure to he comrr.ittiii lor Six Mod till. caiy Jus, hut appears to be only a Contrivance to defame the '^^"'""^"'"Comaion In ion, or cheat him of his Money, that in fuch Cafe the fiid '"'"''°"""- Woman fliall be fct to the Iloufe of Corrcaion, there to be whip- pcd and remain for fhe Space of Six Month?. ^ IV. Provided neverthebfs. That if any Perfon fliall think hlmn-if w;ongut]}y charged, or if the Perlon charging him be a Wonn, :?P;"' '° »''"'«' 00 "•-a »r uui.in silfionj, upon S»> of '^"f''y fiiven. 'so* I • idUi^'. Anno Tricejimo Secundo Regis Georgii II. Gap. XX. 1758- of ill Eamc or a Common Whore, in fuch Cafes, upon giving Se- curity to abide the Judgment of the Court, he may appeal from the Order of the Juftices, to the next SeiTions, when the whole Caufe may be heard and tried by fuch Court, on the Verdid of a Jury- I, Sua. 503. 612. 2 Stra. 716, lojo. Blafphemy. Prophanely fwear- ing or Curfing. Eng.Stai. i^Gto. 2. (. 21. » C A. p. XX. An Adl for punifliing Criminal Offenders. !*']^^'n E it "EnaSted by His Excellency the Governor y Cctmc^lf and ^ J5 ^AO^^^b> itndbythe Authority of the Jame it is hereby EnaElcd, ^l^-^j^ That if any Perfon fhall prefume willfully to blafpheme ^ the Holy Name of GOD, Father, Soritov Holy Ghoji, or to deny, rurfe or reproach the true GOD, his Creation or Govern- ment of the World, or to deny, curfe, or reproach the Holy Word of GOD, that is, the Canonical Scriptures in the Books of the Old and New Teftamentj every fuch Offender, being thereof duly convidted at the Court of Aflize and General Gao' Delivery, or Sefllons of the Peace, fhall be fet twice in the Pillory, for the Space of One Hour each Time, or ' "^ imprifoncd for three Months, at the Difcretlon of the Court wheic fuch Offender fhall be con- victed (^). II. And be it further Enabled, Inat if ?r.y Perfon fli.ill pro- phanely fwear or curfe in the Prefence or Hearing of any Juftice of the Peace, or rtiall be thereof convided by the Oath of One cre- dible Witnefs, or by the Confeffion of the Part" before any Juftice of the Peace, every Perfon offending (hall forfeit, to the life of the Poor of the Town where fuch Offence (liall be committed, for theFirfl Offence Two Shillings, and in Cafe fuch Perfon (J:a!l, after Convidion, offend a fecond Time, fuch Perf ui fhall forfeit double, and if a third Time, Treble the Sum to be p, id for the firfl Offence; and upon Negleft of Payment, the Juflicc iliall iffue hir W^arrant to a Conftahle, commanding him to levy the fiid Forfeitures by Diflrefs and Sale of the Goods of fuchOffcnaci, ind the For- feiture, when paid or levied, fliall be delivered to the Overfeersof the Poor for the Ufe of the Poor as aforefald j and in Cafe no Dlf- trefs can be had, fuch Offender being a: ove the A"" of Sixteen Years, fliall by Warrant of the Juftice, be fet in the publick Stocks for One Hour for every fingle Offence, and for any Number of Of- fences whereof he fliall be convifted atOneTime,TwoHours; and if (a) Vide the Difabilities and Puniftiment for Blafphemy, by Eng. Sfnt.g, inf !0. fHlf. J. e. 32. !• Strange 416. Rex verfus Hall. 2. Strange 834.. Rex verfiis Woolfton. Titz Gio. booj Report! S. C. l. Vent, ij)^. Taylor's Cafe. 3. Kcb. 60;, 6 ? thf ^75^' H| 175^. j^nno Tnc^J^mo Secundo Regis GroRcii II. Cap. XX, 5^' I the Party offending be under the Age of Sixteen Years, and Hiall iiot pay the ForfeiturcSj he fhall, by Warrant of the Juftice, be whipped by the Conftablc, or by the Parent, Guardian, or Mafter cfllich Offender, iiiPrefence of thcConftable; Provided a/ways, '■hat every fuch Offence be proved or profecuted within Ten Days after the Offence committed. 7) ikcnnefs, flinll forfeit and pay for the UCe of the Poor T where fuch Offence is committed, the Sum of Five Til. And be i.' further Ena^cd, That every Perfon who fliall by low of any Jufliice of the Peace, or Confeffion of the Party, or r^,^?!!"'"'""^'' Oua jfOne credible Witnefs before anyfuch Juflice, beconvidted of c"%^i^^'z'\rfa. ''. of the '•7- Shil- hi>gi, to be levied, on Ncgleft or Refufrd to pay the fame, by Juftice to regiltev Coiuidl.ons. the V/arrant of Uiflrefs and Sak of the Offender's Goods, and the faid cuwi, when paid or levied, fliall be delivered to the Overfccrs of the Poor for the \5'ic of the Poor as aforefiiid, and for Want of fuch Diffrefs, fuch Offender fhall be fct in the Stocks for any Time not exceeding three Hours, at the Difcretlon of the Juilicc or Juf- tices before whom fuch Offender fliall be convid-ed : And upon a fjcond Conviflion of Drunkennefs in like Manner as uforefaid, every fuch Offender flial!, over and above the Penalty aforefaid, be bound with two Sureties, in the Sum of Ten Pounds, with Condi- tion for the good Behaviour, and for Want of fuch Sureties, fuch Offender fliall be committed to the common Gaol until he fliall find the f^me; Provided, That every fuch Offence be 'proved or profecuted within Ten Days after the Offence committed. IV. And be it further Enabled, That the Jufliices of the Pence fliall regifl:er all the Convidjons made befo«-j them, of fuch pro- phane Swearing, Curflng, or Drunkennefs, and fliall certify Hie fime to the next Quarter f-eflions, to be kept upon Record by the Clerks of the Peace, to be feen without Fee. V. And be it alfo Enn^ed, That if any Adlion fliall be broueht r a- ■, r , againrtany Juflice of the Peace or Officer for any Proceedings on ii'^^lhJ clt^i" the faid Offences in Purfuance of this Ad:, the Defendant may ^"'"*-'- plead the General Iffue, and give the fpecial Matter in Evidence and if the Plaintiff fliall be Non fuit, or a Verdift fliall be found for the Defendant, fuch Defendant fliall have Treble Cofl:s. VI. And be it further Enabied, That every Perfon duly convi(5ted n at the Court of General Gaol Delivery, or Quarter S^eff.ons, of F^Z^'S't countertcitmgi^/^y or mipainng(^«:y, diminifliing or imbafnig any '•^"t in the Pio^ CiJ Bv Eng. Stat. i. Mar. Slat. 2. r. 6. Sttt. 2. Couiiterfcitinc forcltrn Coin mrronf Jn E,,Klnnd i. adjudpcd Trcnfon. By E.g. S,a,. ,4 El,., c. 3. ColSiting ^^'^0 a not current, Mijprifwn nfTreaJon. ^ ^ (c)^yEng. Slat.\ZEIiz.t. i. St,1. i. Impairing, &c. Foreign Coin current bv Pro elmauon IB the Realm or %w'/ /)«/w/ww 7iM>. ^ vom cuuent by no. in 52- Anno trie c (Juno Sccundo Regis Geoi\cii II. Cap. XX. 1758. MM f Foreign Coins, current in the Province, by wafliing, c]\y\-.\r\i:,faj rounding, filing, or Icaling of the llr.ne, or of uttcr'iugf cj any counterfeited or impnired Coin, knovving the liunc to be lo coun- terfeited or impaired, 'hall be fet in llie Pilloiy, by tlie Spnce of One whole Hour, and One of the Ears of fuch Offender fliall be nailed thereto, and fuch Offender iliall alfo be publickly whipped through the Streets of the I'own where fuch Offence Hiall be committed, and Ihall pay all Cliargcs of the Profccution/^/y. VII. And be it fiirfhcr EiiaSJcd, That every Ferfon ccnvidlcd as aforelliid, of buying or receiving any Clippings, Sellings, or Filings of Money, fliall forfeit the Sum of Twentv Pounds, one Nfoiety Buying Clippings, thereof for the Support of His Majefty's Government in this Pro- vince, and the other Moiety to him or them who fliall inform and fue for the fame, and alio be imprifoned for the Space of Three Months. E'l^. Staf. 6, y 7. ir,ii. 3. 17- Seit Fi"rpery. Eng. Siat. 5. E/iz. c. 14. i. iiri. goi. Hf.K 'cerjiu j'li/i/jet CrtoKt, Pillory, &c- VIII. And he it further EnaSicii, That if any Ferfon fiiall forge cr counterfeit, or procure to be forged or counterfeit, or willingly affifl; in tlie forging or counterfeiting, any Deed or Writing fe.'led, or lafl Will or Tedunent, or ihall publifh or llicw forih in Evi- dence, any fuch forged or counterfeit Deed, Writing fealed, or laft Will or Tcftanient, as true, knowing the fame to befalfej or if any Perfon (hall torge or counterfeit, or pn^cure trpii!:n Coin current in Fngland, or the ^ttnt l".t- ,11 JeilureJ to be 'Inajni h Rug' Sin:, 5. £liz, r. 1 1. Stfl, 1« mwitm (,') Eviilfn'e rffprfling Uttcrnncc of counterfeit Money, 1. 18. W «. t/ 9. II, IL V r. a6, iVf/.6. ViJc JT*^. Slat, I J. Gte, t. (0 No ('orfitrn Coini* now current that is !r(y'timfltfj, nnil mo(1 prolmlilynorewill, fn that on till' Kiij'lilh StMutrs tlifie ran lu' no i'rn(i'< utions till fonic }i| ccic> ol FuKign C'l.io is Icgiiimatcii, 'Ju^gt ftfitr'ifirft D{it. e/U. 7W«/«w,f. J. St(t, 5. vcd i 1-58. ^nno Tricejimo Secundo Regis Georgii II. Cap. XX. SI- in red fivrill recover his double Cofls and Damages, to be aflelTed the Court where fuch Convidcion ihall be : Provided always, and it i^^ is- hereby Ena£ied, That this Ad nor any Thing herein contained, Ju^grofTrobaw, Hiall not extend to charge any Judge of Probate, or any Regiftcr, '''*^- for any of the Offences aforcfaid, for puiring their Seal of Otlice to any Will to be exhibited to them, not knowing the lame to be forged or counterfeited, or for Writing of the faid Will or Probate of the fame, nor to any other Perfon or Pcrfons that fhall fliew forth or give in Evidence, any falfc or forged Wrltint^ for true or good,^ being not Party or privy to the Forging of the fame, not knowing the fame to be falfc or forged [^j. IX. And he it further Ena^ed, That if any Perfon or Pcrfons either by the Subornation, unlawful Procurement, flniflcr Pcrfua- ^Ir'T'/ fion or Means of any other, or by their own Adl, Confcnt, or <••! ""' Agreement, (hall wilfully or corruptly commit Pc Jury, by his, ^" her.or thcirDcpofition inanyCourt of Record, or bcin'^ CAamincd^/ry fcrpetuamrci ricmoriamy every Perfon fooficnding, and bcitT^ there- of duly convided, fliall forfeit Twenty Pound.% the one '^Moiety thereof fi;r the Support of this His Majefly's Government, and the other Moiety to fuch Perfon or Pcrfons as fhall be grieved by Rca- fon ofthc Offence, that fhallfuc for the fame by aiiy'^Adionof Dcbr Bill, Plaint, or Informanon in any Court of Record; and fliall alfo be imprifoncd by the Space of Six Months without Bail or Mainpri'/e. And the Oath of fuch Perfon or Pcrfon.T flrill not b-* received in any Court of Record, until fuch Time as the Jud-I ment given againfl: the faid Perfon or Pcrfons Hiall be revcrfcd. and upon every f.ich Reverfal, the Parties aggrieved fhall recover their Damages againfc fuch Perfon or Pcrfons, as did procure the laid Judgment fo rcverfcd, to be given againfl them or any of them, by his, her, or their Adion upon the Cafe, accordiiig to tho Courfc of the Common Law/'/^/ X. And if the f.iid Offender or OfTbndcr.s' Hiall not have any Goods or Chattels to the Value of Twcrty Pounds, then he nic "''''''<'7' or they (liall be fet on the Pillory, by the Space of one whole ifour and both his Ka-s (hall be nailed to the Pillory, and (Vom thence- forth fuch Offender (hall be difcrcditcd and dil'abled ior ever to be fworn in any Court of Record, until fuch Time us the Judirncnt iliall be rcverfcd. ^ ' 1;. Elh. 9. 2. Sir-n. r of .ne Town where the Offence ihall be committed, and (hall be bound (I) \ Inn. ijj. Cro. Cm. 564. .f^w. Wheihrr ihi« OfTenM It fiftMbIc, 1. lUwk. 1\ C, c. 71, Se«. 6. FMfc Tokens Eng. Si at. 33 tit. 1758. in a R during Necledl may iffi the Off commit fet in th of the J and fuc! rcquirec or Partic Fine or ders by I tained b An Ki a/ccT A/Ji'pnfdy, all Weig to the St.i furer of tl furcs, L( Scales, ai Weights And the ( iVom, a S remain w Lettets ir. An A rcfpedtivel .*nv C{)mn fticli Cler Weights tl (hall have Clerk (hal Ibnnpt wit be made. Coiiunodit 1758. :^endinf cr ion. Bill, ify in fer- tluly con- nnd Dif- Offcnccs, Innner as ;es of the alfo the the Pc:kk f all tlie inry, nnd Lon of the ving nh- \(\, nv.ill ept ofihc t thi-y fct dircdttd. ■ Pcrfons or their s or other IS of any :r Man's p; ofMo- -• tluMcof ^f Anizc e Peace, funmcnt. ilufur in ilcr fliaU Pcrfons, mlcfllon, e of the aiulalous mIom, or •read any Kcretion 1758. Anno Tricejfmo Secundo Regis Georgii II. Cap. XXI. SS' in a Recognizance, with two Sureties, for the good Behaviour dunng inch T.nie as the Jufticc H^all think meet, and upon the Ncglea or Rcfufal of fuch Offender to pay the Fine, fuch Tuflice 'f^r^S^^^ Jirrant for levying the fame by Diftrefs and Sale of the Offender s Goods; and in Defxult of fuch Diflrcfs, may either committhcOffcnder foroneMonth,rrmay order fuchOffcndcr to be fct in the Mocks for three I lours, or to he whipped, at theDifcrction of the .Ii.ftice, upon the Nature and Circumftanccs of the Offence, and fuch Offender may he committed until the Sureties hereby required, Oiall he found for the good Behaviour, ^nd the P-Mtv or Parties injured fhall and mny he at Libert otwithrtanding fuch iMne or Pun.niment to proceed againrt fuch Offender or Offen- ders by Suit ,n any Court ol Record, for any Special Damage fuf- tamed by Reafon of fuch Defamation. ^ CAP. XXT. An Ac^ relating to the Aflize of Brcar/, nnd for arcertaining the ^/uv;^^;Wof V/cights and Mcafurcs. all Weights and Mcadircs uflcl in K W^cr ^^,^;:r^ , JO the Sund:.d of the /..^..v. of y^.^,;^:" X^' H "T^^f n.rer of the Province as loon as mny be. procure a Sm of m'^: MO, to n liiHin .1* IF. y/W/!f />/yr//;(r/;:,'M(7,Y/, ThatevcrvInhih;H,,f ■- 1 ^ rc/^.cai«l,- making Uf„ of ^ ^ia^^::ilt£":^^J^Z a«k (l,:,l| ,.,„(, f„cl, Wanhts an,l \tc; rJ „ ,„ h,' h ".'■'"' Ilampt wich ilu- InithI I ttit, „|-|1„.T \ be bnmdocl or bemn,lc. And v.-ImI. ' , ' I^V";,;!;-^ '">-h AiH-y fl.all ;l tlia m:0m M ™ 56. j^nnoTrkeJimoSecuncfo Regis Geop-gii II. Cav. XXL 1758. WM ^^^^^ forfeit aos. C-'oiiviftion before One Jullicc. fhall forfeit for every fuch Offence Twenty Shillings, en dre ccn- vidion thereof, before any One of His Majcfly's Juflices of the Peace for the County wherein the Offence fivall be committed, to be levied by Warrant of Diftrefs and Sale of the Offender'^ Goods. Wei-hts and Mca. fures once in tliice Months. III. ^ndfor the ir.ore rfcStual preventing fuch Frauds, be it further Clerks of the Mar. EnaSlcd, That thc faid Ckrks fhall and are hereby impoxyered to kct to inipcd infped: all Weights andMeaiures, and for thatTurpofe once in Three Months, or oftncr if they fee Caufe, fliall vifit every Inhabitant felling publickly by Weights and Meafures, and flrall have full Powe'r and Authority to fcize ail fuch, not ftampt or branded as aforefaid, and may allay and mark and difpofe of the fame for Seiiinc^ by Weights their Ufe, as a Satibfadion for their Trouble therein; and if any and Mcaiures itis p^^j-fon fhall hereafter be convifted of Selling by Weights and than thest..nd.rj, ^^^^^^^^^^ ,^jg ^^^^ tl.c Standard hereby efVabliflied, he fliall forfeit the Sum of Ten Pounds, to be recovered by Bill, Complaint, or Information, in any of His Majefly's Courts of Record. IV. And for preventing Frauds in thc JJirze oj Bread, he it Enabled, That the Clerks of the Market be ard are hcieby impoweicd to vifit every Bake Houle, or the Iloufe of any other Perfbn felling Bread, and to fcizc all fuch as fliall be found under the Weight and AfTize, ellablilhed by this Aft as follov/s, viz. Venal ty/; 10. Afllzc of Bread. IVh-n the Price of fine Wheat en Flour is at or under I'wclvc Shillings //jf iizlb. avoirdujois Avoir dup: it Lb. Oz. - 4- - 3' • 3* - 2. - 2. o. 8. o. 12. 8. Clerks to fei« all Bread under thc Baker* to mark their Drc.id with tht firll Lettirs ol ihcir Natnei. Th: Sh^cnny Loafcf the fame i7ja// weigh -. ; - When from Twelve io Fourteen Shillings inchifve From 'Fourteen to Sixteen inclufve - - • « From Sixteen to Eighteen inaii/ive - - - - And above Eighteen -- - - -- - - V. And that it fhall and maybe lawfid for thc fald Clerks to flop, and examine the Bread that may be carried through the Streets, by any Pcrlon or Pcrlbns, cither for immcdi..ie S.dc, or thc Sup- ply of his or their CuAomcrs, and in like Manner to fcizc all fuch as fhall be found under thc Weight and Ailize. VT. And be it further Enac^kd, That every Baker within this Province, fhall and arc liorcby rctiuired to mark his Bread with the firll Letter of his Chrillian and Sirnamc, which, iinon Failure thereof, fliall be fei/cd, and fuch Bread, fo feizcd, '"• '' »-- '•-'•^ ted, and delivered to thc Ovcrfcers of thc Pot fhall be forfei- oor of the Town where where tl Prifoncr VII. grieved 1 Majcfly' powered Twelve VIII. of Weip] o tancc to 1 ming to Refufal, fore any 1 An AC ^ B ^ A Halifax, a Publicatioi 11. And by dcclarcc fuch Publi An AC^ I and uberenf Re i XAjfemb^t am % *" ' ■ ' lyi^B^. Anno Trkeffimo Secmdo Regis Georgii II. Cap. XXIH. 17* where the Oifencc is committed, for the Benefit of the Poor ©r n,«j . , , Prifoncrs ««ad not marked rnioncrs. ^^ ^ forfeited. VII. Provided amays. That if any Perfon fhall think himfelf ag- grieved by fuch Seizure, he may apply for Redrefs toanyof Hia iftSri^/^M^" '*''*' Majefty's Juftices of the Peace for the County, who is hereby im- '"* powered to determine the fame, if Application be made within Twelve Hours after the Seizure be made. yill. And be it further EnaSled, That if any Perfon making ufe „ .. . of Weights and Meafures, or felling Bread, ihall refufe Admit- mce fo^c^'" tance to any of the faid Clerks, declaring the Intent of their co- ^"alty 201. * ming to dilcharge the Duty of their Office, he fhall for every fuch Refulal. forfeit t:. Sum of Twenty Shillings, to be recovered be- fore any One of His Mujefly's Juflices of the Peace. Vide AdMtiom to thi, Aa. 33 C«. a. .. 6. 2 Se/,. 4 C«. 3. ,. j. ;, j,/,. g c«. 3. ,.5. CAP. XXII. An A C T declaring what fhall be deemed a Publication ot the Province Laws. *t,„ D i^ -— -" —"h *"v ^i^^v 01 mis rrovince, bv ■""-"R"^' '^•'w the Prrvoft Marfha or his Hrnntv «« »u-. n j ^ "-> ihc hn..'*.. a tlalifax, after Notice bv belt of n«n^^!^i* ? . ^J"'''^*-' ""^ ^f^-^^^^i V^t,)it^, Publication thereof. ^ ^'' ^''" ^= '^^'''^^^ ^ ^''^'^'^^^ "*""• hJl' i^'"^,^" P'"'"' '^''■^^^y publimcd in that Manner, arc here have heen in forco sccorduigly. CAP. XXIII. An A C T for preventing Perfons leaving Mk: Province ur^^ Without a Pais. r^ /nrw.^ /v,,v>^ //.. Province. an/J/-r" '" ^^'""W^ 1^ ^^ 8 ' ' privdteij/ / ikMMjif '^'(fif'-'necs have iiknvifc , ^ all p- 58. Perfons intending to leave the Pro- vince, to put up their Names at the Secretary's Office, 7 Days before they Ihall have a Pafs. Anno TrkeJJimo Secundo Regis Georcii II. Cap. XXIII. 1758. Secretary refufmg a Pafs, forfeiti ^so- all and every Perfon or Perfonp, intending to Leave this Province, (hall put up their Names publickly at the Secretary's Office, for the Space of Seven Days, before they fliall obtain any Pafs, with the Day and Year v^hen they put up their Names, and in Cafe faid Perfon or Perfons are not, within faid Seven Days, underwrote in Manner as has been ufual, that then and in fuch Cafe, it {hall and may be lawful for the Secretary or his Deputy, and they are here- by required, to grant faid Perfon a Pafs, for Vvhich he fliall receive One Shilling only. And in Cafe faid Secretary or his Deputy ftiall refufe a Pafs to any Perfon or Perfons that have complied with the Rules prefcribed by this Aft, he or they fliall forfeit the Sum of Fifty Pounds, to he recovered by Bill, Plaint or Information in any of Hi Majefl:y's Courts of Record in this Province, and for the Ufe of the Perfon grieved. II. And be it further Enacted, That the Pafs for Perfons lc:i- ving this Province fliall be in the following Words : Form of the Pafs. " Province of " Nova Scotia \ pERMir to depart this Province in the M^jfter, " bound for he or they • " having complied with the AEl of this Province jor «* that Purpofe. . ■ " Dated III. And be it further Enabled, That whofoever (hall underwrite perfons under. any Perfon or Perfons, fo having their Names fct up as afnrofiid, writing another to fji^H produce at tlie Secretary's Office an Affidavit made before Sic Dcb^dur" "'^ One ofHisMajefty's Jufl:icesof the Peace, which Affid.vit flmll remain in the faid Office, fetting for'h the Cnufe in Writing, if a Debt, the Sum or Sums of Money that is due or owing to him or them, to be afcertained as near as they poffibly can, and by whit Means it doth arife, whether by Bill, Bond, judgment, Promifc, Covenant, or Account. And when any Perfon fo fetting up their for which Sum Se- N.^i^cs in the Secretary's Ollicc as aforcfaid, flvill be luuk-rwrotc bf the Secretary''' by ^nv Perfon in manner aforelaid, that then and in fuchCaCc, it fliall be lawful for the Secretary or his Deputy, to take goo^l and fufficicnt Security from the Perfon or Perfons fo untler- written, for tiie Sum or Suins that lie or flic is underwrote for; which Security fliall be in the following Words : r r.i n . CC l^NOJV all Men by fhifePrefents, That We Form of the BonU. *• K , •-.,, \-c r t 1 j ^ ■**^ ijtid 0/ liAhiax, are firndy f'ound urfo " in the Sum of to the true Payment of which, <« H''e bind cur/elves, our Heirs and ^/'gns firmly by thefe Prejents. " JVitneJs our Hands and Seals this Day of " i:m\ 1 758. Anno Tricejimo Secundo Regis G^QRG II II. Cap. XXIII. 59^ << iC n^HE Condition of the abo've Obligation is fuch, That 'whereas •*■ the above bound is underwrote by of HdYihx aforefaid, for the Sum of Now if the faid or they, their Heirs or JJjigns will fay or caufe to be f aid to faid thefaid Sum of or fuch Sum as JJ:all legally, upon Trial, appear to be due to faid then t,je above Obligation to be voidy other- *' wife to remain in full Force and Virtue" _ For taking of which Bond the Secretary fliall receive Two Shil- Secretary-. Fee lings and Six Pence only. " IV. Provided alwa ,r£;/./,7,v/, That in Cafe any Perfon intcn- < •. u ■ dmg to leave the Province before the Seven Davs a^e expired, af^r t^S^^^ betting up his or her Name, may obtain their I'afs from the Se '^^'>! • '7 l'^'i'"n cretarvorhis Deputy, by giving fuilicient Security and Enterin- ""•■"^"';^ '" '-•^'« into Bond as aforefaid, th,;t f;iid Security nlll pay all the Debts fiid lerfongomg avyay has ccntr.K'k-tl in the Province; which Bond Ihall be good and valid againll faid Security. VII. And it is hereby further Kna^cd, That in the Out Porfi of ti.s I rov.nce Pafles may be obtained from the Comma.ulinir Of- Paffe, toi.grante ficcrforthc Time bcmg, or from any other Perfon. whom the «"'''• ^^'-^ or... Governor or Commander in Chief fliall appoint for that Pnrpofe oV,c}rT''"'» who arc hereby impowcrcd to grant the fame, in Manner as pre- fcribcd by this Adt. * VIII. Provided always, That nothing in this A6t Hiall heron- ftrucd to extend to the Retraining any Military Pcrfbn or Per- MlTjpi': . fon« g thf Tio'.Mirr Lttbre ilic 7 D;:j's M-. tfx- l>irtd. 6o. Perfons groundlefs- ]y underwriting, li- able to an Aflion. Mafteri of Veflels aurying any Perfon from mlifax with- out a Pafi, forfeit ;f JO. and liable to all Da- mage!, Anno Tricefimo Secutido Regis Georgii II. Cap. XXIV. 1758. ions from immediately departing the Province, with a Itsecial ref- miffion under the Hand of the Commander in Chief of tnc Troops. IX. And be tt further EnaSled by the Authority aforefai^. That if upon Trial, it fliall appear that the Caufe for underwriting any Perfon or Perfons, fetting up their Names in the Secretary's Of- fice to depart this Province, be vexatious and groundlefs, that then and in fuch Cafe, the Perfon fo underwriting fhall be liable to ah A(Stion of Damages, to be recovered as aforefaid. X. And be it further Enaifed, That no Maftor of any Ship or Vcffel, going from the Port of Halifax, Ihall carry away any Per- fon whatfocver, without a Pafs ligned by the Secretary of this Province or his Deputy, (except the Crew or Seamen brought with him in fuch Veflel, at his laft Arrival) nor Ihall leave the faid Har- bour without Pcrmiflion in Writing from His Excellency the Go- vernor, Lieutenant Governor, or Commander in Chief for the Time being of this His Majefty's Provin .e ; And the Mafter of any Ship or Veffel offendir g contrary to the Tenor of this Adt, fliall for- feit the Sum of Fifty Pounds, to the Ufe of this Government, and be liable to pay all Damages, to be recovered by Bill, Plaint, or Information in any of His Majefty's Courts of Record in this Pro- vince, to be levied by Sale of the Offender's Goods and Chattels, by Warrant uncif the Seal of faid Court, and for want of fuch Goods and Chattels, the Perfon convided to be committed to fome of His Majefty's Gaols for the Space of Six Months. t'idt an Additkn to this All, 6 Gi*. 3. f. 4. CAP. XXIV. Eng. Stat, 2 1 .Ja. I . r. 16. Aftioni for the Re. covery of Lundi, ttc.io be brought mthia ao Ycart, 3. Soli. 411, 4"» An A C T for Limitation of ABiofis^ and for avoiding Suits of Law. '^(OOC^l E it EnaSted by His Excellency the Goi^ernor, Council, and B ^ ^(J'embly, and by the Authority of the fame it is hcrel>^ Enatled, j>wj That all Adions or Suits, either in Law or Equity, at any Time hereafter to be fued or brought, of or for any Lands, Tenements or Hereditaments, within thic Province, whcrc- unto any Perfon or Perfons now hath or have any Title, or Caufe to have or parfue any fuch Adions or Suits, fliall be fued and taken within Twenty Years next after the End of this prcfcht ScfTion rtf the General Afmbly, and after the faid Twenty Years expired, no Perfon or Perfons, or any of their Heirs, fliall have or maintain any fuch Adion or Suit, of or for any of the faid Lands, Tene- ments, or Hereditaments; and that all Adions or Suits, cither in Law or Equity, of or for any Lands, Tenements, or other Here- ditaments, 1758. Anno Triceffimo Secundo Regit Georgii II. Cap. XXIV. Pcrfons not enter- ing wiihiii BoVeari, excluded. f^itaracnts whatfocver, at any Time hereafter to be fued or brought by Occafion or Means of any Title or Caufe hereafter happening, fliall be fued and be taken within Twenty Years, next after the Title and Caufe of A(flion firft defcended or fallen, and at no Time after the faid Twenty Years, and that no Perfon or Perfons that now hath any Right or Title of Entry into any Lands, Tenements, or Hereditaments, now held from him or them, fliall thereunto enter, but within Twenty Years next after the End of this prefent Sefiion of the General Jlfja?ibly, or within Twenty Years next after any other Title of Entry accrued. II. Andihiit no Perfon or Pcrfons Hiall at any Time hereafter, make any Entry into any Land.-, Tenements, or Heredivaments, but within Twenty Years next after his or their Right 0/ Title, which (hall hereafter firft dcfcend or accrue to the fame, and iri De- fault thereof, fuch Perfon fo not entering, and their Heirs, fhalj. be utterly excluded and difabled from fuch Entry after to be made. III. Prccitlcd nrvcribcLfs, That if any Perfon or Perfons that is or Hiall be intitlcd to fuch Aliens or Suits, or that hath or fliall have fuch Right or Title of Entry, be, or fhall be at the Time of f c''"^ ^''^^'T the faid Right or Title firft defcended. accrued, come or fallen, '*. ivw. iVii ^'* within the AgeofTwentyOne Years, *Feme Covert, Non Compos "^t' ^^\ 3°+- J^rcntis,imprifoncd,or beyond theSeasf , that then fuch Perfon and \^''!!'m.' Perfons, and his or their Heirs, ftiall or may, notwirhftanding the f lid Twenty Years be expired, bring his Action or Suit, or make his E:itry, ai he might have done before this Adl ; fo as fuch Per- fon and Perfons, or his or their Heirs, fhall, within Ten Years next after his and their full Age, Difcoverture, coming of found Mind, EnlargenicntontofPrifon, or coming into this Province, or Death, t\ke Benefit of, and fuc for the fame, and at no Time after the faid Ten Years. IV. And be it further Ena£lcd, That all Adions of Trefpnfs qttare C/aiif'm /regit, all Adions of Trefpafs, Detinue, Adion of Trover, /..^>:o«sofTrcfp.r. and Replevin for taking av/ay of Goods and Cattle, all Anions of '"- '"«'« ccm-nni- Account nnd upon the Cafe, (other than (Ijch Accounts as concern the y"! ""' r " 'V'T Trade ofMcrchandize, between Merchant and Merchant/^.?), their e.-;": Vnion, « Fador."^ and Servants^) all Adions of Debt, grounded upon any Len- ^ "* ^'''"' '''"■' '''« 1. Ltv. 143, 2. Suli. 40. £'ig. Siat.2^. (J 5. Aim, (, 16. ding or Contradt without Specialty (^Z^^; all Adions of Debt forAi Ca) /\ccnunt» o-en .?tiJ riirrent only, are within this Kxrejtton j bi!t if (!nird and a Sum tion, mie bcabfcnt heyrnd Seas, j.Stra. 8j6. I /lK '^f ''e/r> »i/i/itm to Bond of 20 Years n.iadinp and no rntereft paid, tlio'out lor the Statute yrtLeuith of Timr will be prcfuinptivcf'roofof Pavment. So in Chancery lOb.igeeoia Bond wl 10 V«ari (landing wa* rtfufw-d any lUlicf, j. Chan. Rep. 78, 68, to6. rearafTPS 62. Anno Tricejfimo Secundo Regii G^ov.c\\ \\. Cap. XXIV. 1758. Battery, iic. within Six Monthi, fcc. V/ords withinThree Months, &c. Any offaid Aflinnj, being reverred by Error or in Arreft of Judgment, may Recommenced at nsvo, witiiin One Year. In Aftiona of Tref- paj' fuurt Clamjum Jrtiit, Defendant ma^ plead a Dif- clvmer, &c. rcaragcs of Rent (c^, and allAftions of AfTaultjMenacc, Battery /^ig ai «»!• y'f/M /'I K'lji ii h\ Pitv, Ailt 32 Gr«. 1. t, »J. S,,l, 11. Fthitj CAP. XXV. An Aa to prevent unneccflliry Firinn; off GmJSy and other Fire Arms, in the Town and Suburbs of Ha- h/ax, ye wwii( E it EnaSicd hy His Excellency the Governor, Council, and F^ n¥i M'fnbly, and hy the Authority of the fame it is heirhy E- ^SJo tuithd. That if any Perfon or Perfons.. of what Ago orDe- I^Wf^M focvcr, from and after the Publication ot this Aa, Ihall unncccfTarily fire out of any Gun, Fufce, Mufkct, Pifol, or other Fire Arm, in any of the Houfes, Streets, Lines, Wharves, Yards or Gardens in the Town or Suburbs of //.;/(/«/>•, every Per- fon fooffcndi..-, upon Conviaion thereof, uncn the Oath of One or more credible Witncfs, before any one of I lis Majcfty s Juf- ticcs of the Peace, (Ti;dl forfeit the Sum of Ten Shillitigs, to be levied by Warrant of Diftrcfs from fuch juO ice, on the Oftcnders Goods and Chattels, and for Wttnt of Goods or Chattels, fuch Ol- tender 1758. ^nm TriceJJhno Secundo Regis Georgii II. Cap. XXVI. 65> lender fliall be committed to Gaol for the Space of Twenty Four Hours. IT. Provided ihixt no Profecution for Breach of rhis Adl fliall be Profecution in .Tdtnitted, unlefs Complaint bernade thereof within Twelve Hours, Twelve Houm. at leaft, after the OfTence committed. III. All Forfeitures arifing by Virtue of this Adl, fliall be One half to him or her who will profecute for the fame, and the other p,oiecutorrtilc^ 10 the Ufe of this His Majefliy's Governm.ent. "ihtr to ih^ go- icnim-iit. CAP. XXVI. An ACT directing the Gtwrdianpip of Minors. K^JOdC'S E it Enacted hy His Excellency the Governor, Council, and ^ B^ yJJJcmbly, and by the Authority of the fame it is hereby Ena^cd, r^wsj/Q Thac from and after the Publication hereof, where any Perfon fliall have Children under the Age of Twenty One Years, and not married at the Time of his Death, it fliall be law- ful for the Father of fuch Children, whether born at the Time of the Deceafe of the Father, or at that Time en Ventre fa mere, or whether fuch Father be within the Age of Twenty One Years, or of full Age, by Deed executed, or by his laft Will and TcR ir ment in Writing in the Prefence of two credible Witneflcs, to dii"- pofe of the Cuftody and Tuition of fuch Children, for fuch Tir:^c as they fliall re(pc(flivcly remain under the Age of Twenty Ono Years or any Icflcr Time, to any Perfons in Poflcdion or Remain- der, other than Perfons not ProteftiantG : And fuch Difpofition of the Cuftody of fuch Children fliall be good, againft all Pcrlons claiming the Cuflody and Tuition of fuch Children; and fuch Pm- fon, to whom the Cuflody of fuch Children fliall be difpofcd or dcvifed, may maintain an A(ftion of Ravifhment of Ward, or Trel- pafs, againft anv Perfon who fliall wrongfully take away or detain fuch Child, and fliall recover Damages in the faid Adion, for (he Ufcoffuch Childrcn/^f/y/, Emr.rint. ll.Cw.i, <• *1- i'lit'i',. Pt li'.l D(v,tli, 11. ay ilifi-of^ d' ilif C.'i:ll(i,;y of I'i; CliiKlicii, being to ■ ny rTTiu ricl j'roicllisiiu. ^" In mny linvi Adieu ii' fiind |>r- foiis v.rnivtfilly (Ic- taiiiiii" li.cm. II. jind he it further Ena^ed, That any Perfons, to whom the Cuflody of fuch Children flial! be fo difpofed or devife;d, may take into ihcir Cuflody, to the Ufc of fuch Children, the Profits of .nil Lands, Tenements, or Hereditaments, and alio the Management of the Goods and Perfonal Fftatc of fuchChildrcn, till their rclpcd>ive Age of Twenty One Years, or any leflcr Time, according to fuch (jii.iiilinns mny lake i'o( i l?ion of LhihN, Ac. Cor tlse u'e b! Tiicl) Mir.ort, (») For tht Conllruflion ofthr Fur. Stmt, la. C»r, 1. 1, ofTeftitnteiiUry (•uardittni, Biid in what C'afbi their Author 14, an to the Truft and Powcii itafy tiuartliani, and 111 wnat Laici tncir fluinoriiy mny be revoked, nnd ctlicr (juBidiani appointed, or Security required Irum 'Icftainrntar/ UuardUiii, FiJt f'angia/f l^^mmii'j. BtMvir/m Ci^fiaHi. Mr. Ef. t6o, t6l, Jl . Oifpofitlon Vi' Difpofition, and may bring fuch Anions in Relation thereto, as fuch Children thcmfelves might do if arrived at full AgcfhJ. The Governor to }^^' -^nd bc it further Enabled, That whenfoever any Perfon, not difoofe oftheCuf. ^^^y^% a Proteilant, ihall die feized of any fuch Eftate in Lands, PeK^'in'^"'"*''^ Tenements, or Hereditaments, for which his Heirs fliould be in pSteftlnu!"^ "°' Ward, his Heirs being vmder the Age of Twenty One Years at the Time of the Death of his Anceftor, it fliall be lawful for the Governor, Lieutenant Governor, or Commander in Chief of the Province for th'-. Time being, after due Proof to him of the Death of fuch Perfon not being a Protcflant, and of his Heir being fo un- der Age, to difpofe of the CuA-ody and Tuition of fuch Heirs, for fuch Time as ihcy fliall remain under the Age of Twenty One Years, or any lelll'r Time, to any Perfons next of Kin to the Heir, being a Protefl;ant, if they flvill apply for the famej or in Default thereof to any other Perfon being a Proteflant as aforcfliid. IV. And /v It further EtwSlrd, That the Governor, Licuten^r Governor, or Coir.mander in Chief for the Time being, when a io often as there fliall bt Occaf^on, be and is hereby impowered allow of Guardians, that fliall be chofen by Minors of the A^q Fourteen Years, and to appoint Guardians for fuch as fliall witliin that Age, taking fuiiicicnt Securities of all fuch Guardian for the faithful Difcharge of the Truft, as hereinafter directed, ai to account either to the Governor, Lieutenant Governor, or Con mander in Chief, or Minor, when fuch Minor fliall arrive at fu Age, or at fuch oilier Time as the laid Governor, Lieutenant Go vernor, or Commander in Chief, upon Complaint .o him made fliall fee CiUife. V. yt/id/ye it further Encitlcd, That all fuch Perfons to whon the Tuition and Cullody of fuch Heirs fliall be committed, flial firft enter into Recognizance, to theUfe of the faid Heir, with goo( Sureties, before the iaid Governor, Lieuf^nant Governor, or Com- mander in Chief, with Condition for the Educating the faid Heir in the Proteflant Religion, and for the Management and Difpo^.. of the Eflates of fuch Heirs, to their Ufe and bcft Advantage, anc for the rendering a ill fl: Account of the Profits of fuch Eflates to the faid Governor, Lieutenant Governor, or Commander in Chief, when thereto required, or to flich Heirs when thev fiiall come of full Age, and for the not committing any Wafle thereupon: And fuchDifpofitionof theCuflodyof fuch Heirs fliall be good againft all Perfons claiming the Cuflody or Tuition of fuch Heirs ; and fac Perfons to whom the Cuflody of fuch Heirs fliall be difpofed a aforcfaid, may maintain an Adtion of Ravifliment of Ward or Trc( The Governor, &c. to&llow of Guar- dians chofen by Minors, &c. t Inft. 14. 4. C». ItS.Beverley'i Caji. StmuiJftrt't Prtrog. 37' Guardians to enter into Recoijnizance with Sureties, for educating Minors in the Proteilant Religion, &c. (h) Guardians may make Leafes of Minor's Lands, VUtCt.Lii. 81. Va^gh \% U ff. 113, 174. /Jr». Tit Gard. 70. Tit. Gnrdiim i,;. j. ^e. ^^. 4,. Cr».>. re, ,• dfuchLcaftt are voidable only by the Infant hut not void. i. /fe. y"'"'f G-''-nts„: s.'sc i.uace or luLii l.eirs, .]] their refpeftivc Age of Twentv One *•«:•• of fuch m 1 ears or any lefTer T me, according to fnrh nv c -^ . "°"- die hctore he h^th yielded an Account unto the faid Heirs ofX b^-fore he hath ac Profits of fuch Lands or Tenement^ -ind the IVfono ' r r , ^°"""''' '""^ <"»ch Goods and Chattels dednr^lno. .11 ^"1*''^ ^^'^^^^.^[cment of fuch Profits hi, Heir,. us .uui *^narrejs, deducting all ncceffary and uft Chartrec fk^ &c. liable toac Hems, Lxccutons, or Adminiilrators of fuch Guardhn T I'l k '=°"«' wUh thcHcir. liable and yield a full Account unto the SleiV h fs R™ ^ ' and Adminiftrators, of fuch Profits, Goods, and cttfelsR"? and Perfonal, (o received by the Guardian Lv h. R ^ ' ? t ' faid Heirs, deducing all nece/nirv and iuTcw' ^""/^^o//^^ far as they fhall hav^Affets froZh 1 Guardr 1 1^'^ at the 1 ime of Demand of Satisfaction for fh.r ^'^^'g^t raid Children fl.all die before h^^^^^^^^^^ Twentv One Years, it fhallbV awful fo/P'r^ "^^'^ ^^' ''^ nrinidrators of fuch Children ''cll7the Srf ^^''''T'} ^' ^^- Benefit of them, and the Si Executor^ '''V ^'' '^'' an Account for the fumY.; ^^xecutors, or Adminiftrators. tu Tills Aft f) extend to difi Apprentices, 4(; VI JI. Provided nhvays. That this A(5t Hiall not evtend f« A'c i ^my Apprentice from His'Apprenticea.ip o fuch nn" nu'^^f^'''^'' may hereafter be bound out by the (Tv'e Ir^^^^^^^^ Children, as Children as may. hereafter beC/ni p^p^^^^^^^^^^^ '-'^ as IS provided for by Law. ^ '^ '-'DJ<-Cts of their Cure, fir4• -». ..,. b,,., t„ .1 ^ ''"«''"* R'■m.^Ml^^■rl. 11 irhoni in .p., if. .-r ,.'''''■"'""» ^- "Wren mtvi.t.^-™ 68. Anno Triceffimo Secundo Regis Georgii II. Cap. XXVII. 1758. as the Law direas for the Diftribution of the Eftates of the Intef- tates. Times eftabliJhed for holding the Supreme Court, and the Inferior Court pf Common Ple^ii. Former Proceedings confirmed CAP. XXVII. An A C T for confirming the paft Proceedings of the Courts of Judicature, and for regulating the further Proceedings of the fame. prym'^E itEnaaedbythcGowrnor, Council and AJfemhly, and by y^ B% the Authority of the fame it is hereby EnaSled, That His Ma- ^^Jt lefty's Supream Court, Court of Affize, and General Gaol )UkJkJi ^j)gfjyg ; fl^aii be held and kept at the ufual Times and Places, (that is to fay) on the kft Tuefday in the Month oiOttober, andontLelaft Tuefday in the Month oi Aprtl, m every Year, m the Town o^ Halifax, and that the Court of General Seffions of the Peace (hall be held quarterly as ufual in every Year, in the laid Town, that is to fay, on every Firft Tuefday in the Months of December, March; June ^r^A September-, and that the Inferior Court of Common Pleas, (hall be held as ufual on fuch Firft Tuefday in thefaid Months oi December, March, June ^^n^ September. II. And be it further ErnSted, That all Rules and Orders, Pro- cecdings. Pleadings, Sentences, Verdifts and Judgments, in the faid Courts refpedfively, and all Executions awarded thereon, (lial be, and are hereby ratified and confirmed. And all Proceedings and Judgments heretofore had and made, before any Two Juftices. or One Juftice, are hereby ratified and confirmed. tbt remaining Part of this A£i ivas temporary and it expired At 1759. Annj rrkifimo 'I'ert to Regis Geougii II. Cap. I. At t\\Q General Assembly of thcPrcn^c^ of Neva Scotia^ begun and holclcn at He-. lifax, on the Second Day of Oclolrr, yhi^ no Domini 1758, and in the Thirty Se- cond Year of the Reign of our SovcrcifTn Lord GEORGE the Second oi Great E^i, tain, France^ znd Ire/and, Kino-, Defcr^ derof the Faith, &c. and there continue"^] by Prorogation until the FirJ} Day of iT^'J^""' ^'''''''' ^7S9. '^nd m the Thirty Third Year of His faid Majefty's Reign ; being the Second Seflion of tlie Firft Genera/ JJfembly convened in the faid Province. (t^ C A P. L ^""n^ ^J ^°'' regulating and maintainincr an Ilc^^f, o^ Corrca^onor Work Houfi within the T^wn otil^^. Jaxy and for binding out Poor Childre?i, loiMi at witrbcllion l^jun and hodcu at ILilif*,- //., c- ; be, and nccordingly ,I,cy l-crclv -re mthl Yi " " "^ ^'""/« fin,fl,c. ,0 ..grcc wi.h Ten. ciitrco, ;„ul lit IVr" ,';'"?,'''' ftermul Kc.pcr, and needful Aliilh.n.s for , ," ,rc. ; "l- ' , '" and to provide, as Here llidl l„. (l r ^ .\f'"'' fM\-^ ; Tools. Ind Implemcntf „cccff.r,'-„ ""• '''''f'' '^^'^^^A., work Inch Pcilons as may !k- cTn;rutfc,rfo V r ?^^"T"'^' '« fi=n.n.,,. .oi„f,..a.„d-di.,ui;;^ril;:ft;-i:M{rf:; ;; lie in Ovrrreera rf I'o r li> ; , n!ul fo rir,'. "Hi l,'U4:; of. •o. Tr yjnno 1 ncej mo ' crtio Kccis G ]'0i \\ Cai- ^759. Keeper t!i fct Of' ici)uer:> to work. am! to punifh them by VVluj)j,i,.g. {■•Dm Time to Time, to mahc fvch Rules nnd Orders as tlicy Tr.a!! iiulgc btll for tl'.c good Govc.-nrncnt thereof. U. J::(^ ':cit fnrihcr EnaSi\K Tr-.U it iliall ;iniJ !n:-«y be liivvAil ti comma ff,^ fi^^. jtiiVKCs of the Peace in thfir C7(;n;.'rai SL'inoii?;, or for nnv <:iic In iice of tb.c Peace out i)f C'oii! ■, to feijil ;ir,d coiumit to li'ie I'liJ Houfe of Corrct'iioM, to be kept, governed, and pnr.ifbe^ ac- cording to the Rules and Orders thereof, all d'ifordc-rly and idle Perfons and fich who flvail be found be::gii^,g, or i-iradif-n;^ any 'inlawful Gaines, or pretending to Fortune telling, »-ommon Drun- kards, Perfons of lewd Behaviour, Vag.ibonds, Runaways, ftub- born Servants and Children, :ind Porfon;; who notoriouily mifpend their Time to the Neglecl and Prejudice of their own or their Fa- mily's Support; upon due Convidlion of any of the fiiid Offences^ or Diforders. III. And be it further Enacted, That the 'rvTadcr or Keeper of the faid Houfeof Corredion, fnall have Power and Authority to fetall fuch Pevfons as lliallbcduly fcntor co:nniirteu to hisCullody, to work and labour, if they be able, for fuch Tiiiic as they TnuM continue and remain in the faid Hovife; and to piMiHi tiv;m bv putting Fetters and Shackles upon rhem, if necella y, and in- *.i. derate Whipping, not exceeding Ten Stripes at once, whir'i r.ri-. lefs the Warrant of Commitment Ihall otherwifc direct' Pi 11 \.\ infiidled at their firfl comingin, and from Time to Time aff-T'v irc'% at his Difcretion, in Cafe of thiir being flubborn or id'^ and liC - wledling to perform fuchreafonableTallcs as flrall be afn'^r.^dii • i, and to abridge them of their Food, as the Cafe m-iy renult'S u.n.ii they be reduced to better Behaviour. IV. And he it further Euai^ted, That no Perfon committed to the fliid Houfe of Correftion, ihall be chargeible to the Government, for any Allowance, cither at going in or coming out, or during the Time of their Abode there • But ihall be maintained out of their Earnings, and the Remainder thereof (liall be accounted for, by the Mafter or Keeper of die (iiid Iloufe ; who Ihall keep an exatSt Account thereof, and render the fame upon Oath, if required, to the faid Overfeers when demanded. V. And be it further Enacted, That if any Porfon or Pcrfons committed to the faid I Toufe of Corredion be Idiots, or Lunatic, or Sick and weak, and unable to work, they lliali be taken Care of and relieved by the Mafter or Keeper of the faid Houfc, who fhall keep an cxadl Account of \^hat Charges he fliall neccflarily^ be at therein i to be rendered to the Hiid Overfeers, upon Oath, if demanded. Pay of the Keeper VI. And he it further EuaSled, That the Pay of the faid Mailer &c. how to be dc^ ^^ Keeper of the faid Iloufe of Corredion, and the Ch.arge for any %«J' Materials. Perfons C(.mmitted not to be charge- able t ■> the Go- vernment, Idiots kc. to be ta- ken Care of and re- lieved by the keeper. 1759- -^-w? rriccfflrto Ttrih K^gh GKoncii If. Cap. ll Miitcri '.Is, Tools, or ImplcMicnts niTciviC-l -c. !>..<; . • . " Prnin, by the Relief o/pcr(bns' inSe ;^';; ^^^^ "'f;"^'^'-''' 1 H-y Expcnccs of the fud Ho.-V. i],a!l Cd^^.,Tr f' '"' rlus of the Earning, of the L.h^ur done h^^c" u/ R '^'V? i.une ^hpJl he (nf].cicnt therefor; or otlL-wiib f 1 1 ''j '^ ''^ 7^ or 'f- ur- Poor Lif;'£ 6^;?'^^;; J^? "■= f"' ^-^^^-^ °f *c ?^, forfettmcr to work the Cm' 'r.^n f 7. r l ,^>^ *^'^^^"'"- ;.all not. hy .h= raid Ove;l:r.s -o;-^, =; ■ Lr'S;,1rS ''"T liought ahe to keen or rral-.M.-n ., t,^^^^^"^ * '^rf ct them, ho r b;indc„t.re to b n7a„, i, Ch i"n oTo""^ *'°" "^P''"'' ' hild (hall corae to the Age of Tv.-.-ntv One vlu" \ r ! , ""' ..an Child to the Age of &l,tce„ yJL^Z ^^e xi^e ftt M "" -Vi 'hcftn,e to be as cfTcflaal to all Purpofes as^f n.nl, rr'w .aintained and fuppor^d h L //"l^'^'^J^//''. That the Childrc-n ^rashe^ofote. and bound ollt^n^f^ir^^ra; i;^ tit roorCIiildrento he f'-ninJ .\pjj(Viiuii;s by tile Ov.'i ia-rj uf th; i'ooi , \v hh tlie COllf.^ut oft.'.o Jul'.* rii.es. IVnviTo not 'o carrv thf in out ot tli(f CMMien in the t;xc'jj-.t(.J. ;"/V/f »nAU;ti,ntothhAa, 3. c«. 3. .. 8. ,. 5,^^. ^n A C T for regulating and maintaining a U>.|.t &(X^ trance of the hX. c^Vu^ If ^^ ^"'-^ ^'-^n- rrenmble. ■PiP«|BP Anno I'ricc^imoTcrilo Regis GroRcii II. Cap. II. 1759- VelT;ls helonn-intr to FrcehoITlerd in tlif Province, to . p.iy oiiiy I''.)ur Pence per Ton. • ^ ii:o!ily celled and hno'iVn hy f be NtWir of S:\mhrd Onter IiLini!, at tb^En- trance of the Harbour oj Ilalit'ii.v ; Audit lous Enafded, that until fuch Light Houf: pjould be erected the Commi/JiQn'ers r.ppoinied for carryin<^ the [aid Act into Execution, jhouid caiije a Beacon and IJgkt to be pla- ced en the [aid Ijlaridjor the isewjit of Vejjeh coming into the f aid Har- . „, bour, Beit Enacted by His Excellency the Governor, Council, and Af- <^lAvffhc.^vf'^ fi'^^^y^ <7/;^/4/ the Aiuthority rf the fame it is hereby Enacted, That pay a Duty ot Six frotn and aftci* the Fird Day of September next, there fhall be paid Vfuceper Ion. ]^y ^i^g MaRcr of every Merchant Vcflel coming into or going out of the Harbour of itW//^;.".', at l"K;r going out of the faid Harbour, (other than Coaflers and Fifhirtg Veficls, and fuch Tranfport or other VeffcLs employed in Hie Majcfty's Service as fliall, by their Charter Party, be exempted from paying Port Charges) a Duty of Six Pence per Ton Currency, for fo many Tonsas iliall -ippear to the Satisfadion of the Receiver, or by the Oath of the Mailer, (which Oath the faid Receiver is hereby authorifcd to adminifter) to be the real Burthen thereof. JI. Prccided, That all Ships or Veflcls w^holly belonging to any Perfon, that is a Freeholder and Inhabitant in this Province, fhall only pay Four Pence per Ton : The faid Duty to be paid before clearing the faid Veflcl, to fuch Perfon or Perfons as (hall here- after be appointed by His Excellency the Governor for that Purpofe; who are hereby authorifcd io demand and receive the finje, and upoa Refufal of Payment, to fue for and recover the faid Duty before Two of His Majefty's Juftices of the Peace, or in Cafe the Sum fhall not exceed Forty Shillings, before One Jufticc. III. And be it further EnaSled, That no VefTd fhall be deemed a fifliing Veflel, within the meaning ofthis Adl, excepting fuch as fliall be wholly employed in that Bufinefs, nor fliall any Vef- fel be deemed a Coafler, excepting fuch as fhall be wholly em- ployed within the Province. IV. And be it further EnaSied, That every Coafling VefTel fliall pay, in Lieu of the faid Duty, at the Rate of Twenty Shillings per Annum, and no more, to be received and recovered in Man- ner as aforefaid. V. And be it further EnaSted, That all Monies arifing by the aforefaid Duty fliall be paid into the Tre?fury of the Province, and be applied towards the bapport of the faid Light Houfe j to be if- fued for the fiiid Purpofe, by Warrant under the Hand and Seal of the Governor or Commander in Ciiief forthe Time being of the Province; and in Cafe there be more Monies raifed than is neceflary for th':! Support of the laid Light Houfe, the Surplufage to be ap- plied to the Ufes of the Government. What Ve/Te? dee- med Coaller^ &c. Coafttrs to pay at the Rate of 2CS. per Annum. Monies arifing by the Duty to be ap- plied t'l the Sup- £ort ot the Light- oufe. And the Surplus to the Ufes of thcGo- Tcrnment. CAp. III. 1759- •^'•'^5 Tticeffmo Tertio Regis G i: c r c 1 1 1 1 . C A P. HI. 7Z- CAP. III. An AC 7'^ for the Qiiicting of Poflcfilon:] to the Pro- te[la7:t Grantees of the Lands formerly occupied bv the Fre}}cb Inhabitants, and for preventing vexatious Adlicns relating to the fame. K^'^'^ HERE AS tlij Province of Novii Scotia or Acadie, ^-.Y g //^ ^ t/jf Property thereof, did always of Right belong to the Croi'vn P-can'- \!i^'tiyi ^ England, both by Priority of Difcowry and ancient Po/fjl fion, and that no Grant of Property to any of the Lands or Territories belonging thereto, is of any Validity, or can give the Pohjjhr thereof any legal Right or Title to any Part thereof iinlef derhe'dfrcm thence i ^AKdWhcre:xs by a Treaty df Peace concluded at Utrecht, /// thf. Year of our Lord One Thoufmd Seven Hundred and Thirteen, be- tween He niofl Sacred MajtHy Axnk of Glorious Memory, '^-veu of Great Britain, ^c. And his mdji Chriflian Maj^Jly, 'it^u'as concluded and agreed on, that all Nova Scotia, or Acadie, ivith it's antient Boundaries, and all other Things in thofe Parts which A"- end on the fid Lands, together iviih the" Domimcn, Property, anyPof- J'ejfon ofthefaid Lands and Places, and all PJght "jchatfoever by Treaties or any other IVay attained, 'luhich the mojl Chrificn King, thj Crown f/^I'>ance, or any other the SubjeSls thereof, had to the Lands and Places, and to the Inhabitants of the fame, are yielded and made over /5 Ai- i^/.r.v .p/Grcat-Britain, and to her Crown for ever i And whereas at the Time rfthat Cef/Ion, many of the French Awp-'j- Subjects did refide and dwell within this His Majffs Province of Nova Sco t ia , and did not remove from thef.me, within the Space cjTwelvJMcntJ. s according to the Limitation of that Treaty, whereby they aiid their Pcf- terity became Subjects of the ' Crown of Gret t Dri tain in every refpect • notwithftanding which, contrary to )hjir Allegiance, they began from =-<^^ w.'tt, ,,,i,ni<.it J. I iuji^m iii.i, j.^L\Kntu/i, in ora-'i- 10 cxte ' rl.'s Indul- gence towards them, and f iJoijii'le to reclaim and reduce tu-m to Kh Obedience, was mqft graeioujly pleafed, by His Rovl Liflruetions tj til Governors if this Province, to declare that the /;;;;/ 1 'rench Inhabitants jhouldhave the peaceable Pofeijion of fuchLandsas were under theirCiJfi- '■cation. Provided, That 'the j the faid lihabit ant s jhould within Three Months from fuch Time as Jhould 'be thought proper by the Governor tdke the Oath nf Allegiance appointed to be taken by the Laws ^/'Cj'reu '^\ni\\\\,and l. :iL,cy Se iS^i'ft.^"- .'^rT;;Z:r.!^."!"l^ oftheOverfeers ofthePoorof theT'c'n '^ ^^ of xlahfax for the T me being- ; to be bv thrm nnni;.^ -l- ^ ^''"' "^'''« »'"" Ye^r mm fh« R^r^Jn* .1 ^f / , applied, within One for tlw Rdi.'„i mfuchPerfonsas'^ Hands of the f.d0^n.e.";r;t^:£^iS be by them paid into the Hands of their S.iccc.Tors. riV, «• JMtion t» this J/f, 33. Geo. 2. c. 1 2. ,. Sf/s, CAP. V. -6. j1}:noTr:ci'Uimol'er!io Regis CtT.ov.c.uW. Cap. V. I7^9. e A p. V' Quilificaiion j( I'ctit Jurors. By Eiig. Stat. 2. Iltn. 5. f. 3. 'fhWiir/y Value nf the FrtehoU is Forty Sl.illiii^i. I'rovo/l Marflial to make a Lift of Pcs-- I'oni qualified, and letuni it to die Clerk of the In fr. rior Court, w ho fhall make Ballots for tach I'orfon, to be kept in a Box. Metliod of drawing the Hal lots for each Court. Jirit.Stal. ^•GfC. 2. c. 15. Stii. J I. 12. 'V An AC T for regulating Petit Juries^ and declaring the Q^ialification o^ ytirors. W^xKffy E it Fjuictcd hy His Excellency the Governor^ Council, and lefs he hath a Frceholtl Ellate of the Vahie of Twenty SbiHings a Year, or is polielTcd of Ten Pounds in pcrfonal Kfl^Uc fiij. II. AjhI he it further E.na^ed, That the Provofl M.irlhal or his Deputy Ihall, as fooii as conveniently may he, make out a Lift of all Perfons qualified as aforefaid, who have dwelt and refuled within the Town and County of Halifax, for three Months pre- ceding, and return the fiime into the Clerk's C>rrice of the Inferior Court of Common Pleas for faid County, who ihall thereupon 'make out a Number of Ballots of an equal Si'.;e, One for each Pcrfon, in- fcribing thereon the Pcrfon's Name ; which Ballots fhall be fafely kept in a Box, to he lockt up by him, and (Imll be opened T.ii Days before the Sitting ofHiid Court in the Prefence of the Firil Jurtice, and Twenty Four Ballots for the Juries of the Inferior Court, and the Court oi General i^iarter Sef ens rf the Peace, lliall be drawn from thence by the Clerk of faid Court, and a Lilt of their Names Ihall be taken and delivered to the Provoft MarHial or his Deputy, who (hall fummon the Perfons fo ballottcd, to attend at the next Sitting Court, and they fhall he accordingly cntereil o i the Venires and returned to ferve as Jurors at the faid C'ourt; and then the faid Box' fliall be delivered to the Clerk of the Suprca;;: Court, and Thirtjr Six Ballotts fliall be drawn, in manner aforefiid, I y the Clerk ot faid Court in the Prefence of the Chief Juftice, Ten Days before the Sitting of faid Court, and the Perfons lb drawn, fhall be tummoncd, entered on the Venire ilVuing from t!i;U Court, and returned as aforefaid ; and lb from Court to Court till the whole Number of FreehoKlers and other Perfons qu.ililied as aforelaid, fliall have ferved as Jurt)rs. III. Provided, Tiiat if upon the Return of the Veniros into the hoJ of fuppiy. Supream Court, Inferior Court, or General (J^uarter Se'lions, it lluil! the I'latts of ' rr-\i> .. »1 .. .t r> .• "" /' 1 11 1 .• 1 -" 1- t/» ..M«' M. (11,1 ( f,iir»e nvi»- fiw. Ferlons lo ballottcd tor, and cannot attend by Rcalbu of Metl Perfons who cannot appear to any oi laid Courts, thit the Perlons lo ballottcd tor, and «iuna. fummoncd by the Pruvoll: iVlarlhal, ^(ijBy Eng. Slat, a J. /Am. fl. r. I v I" Clrlrs ftc, F.viry iiitiiral-li jm-'lulijeft, $:c, worth in Goods /■40. Ihall be admlttid in IMiili of l>lony, ,Vc ultho' h^ '1.' i'ti rreeliulil. Ni Ifwly Value of rhe I'rei'h'ilil, rti|iiired tn qualify a liiryin.in, u; " 'ivrd bv t'ict'omiv..ii .RW, and therefore u I'rreholii worth but 10^, At, liaih been Hiljud,"''t! fiilli lent ia f.'«lri wlierc the I'.in;. Statutes d J not nujuire a TreBhcIJ of grcnti r \'u!af, 1, Ilr.Ii Ijilt. I'. C. ij J. 4'rQ. b!i», 4M, icn*.B 1759- -^^^'^^ Tricefjimo Tertio Regis Georgii II. Cap. V. 77^ Tome unavoidable Accident, that then and in Inch Cafes, the Chief' Juftice at the Supream Court, or the Firft Juflice at the Inferior Court or General garter Sc/J:cns^ Hiall order their refpediive Clerki in open Court, to draw out as many Ballots out of l-iij Box, as will amount to the Number that cannot attend, who Hiall be im- mediately fummoned by the Provoil: MarHial to attend as Jurors, and Ballots for the ^'ames of thofc that are unable to nttcnd, to he returned into the Box, And aLiftof allPerfons qualified as aforcf.iii within the iiud Town and County, fliall he taken by the faid Pro, voft Marflial or his Deputy from Year to Year, and returned as aforcfaid, or as often as thp faid Lifts fliall be fi^Iy drawn. IV. And he it further 'EmiSleily That every Perfon fummoned and returned as aforefaid to ferve uS a Juror, who (without fufficicnt Reafon to be judged of by the Court )ViiaIl rcfufe or ncglecH: to '^ive his Attendance at the Court whereunto he is notified and fum- moned to appear, fliall forfeit the Sum cf Five Pounds, to be paid into the Hands ofthe laid Clerk; and onhisnc^7;ledi-g to pay the faid Fine, before the End of the Term, it (hall be levied by Warnint of Diflrefs, to be iflued from the faid Court j and for any wilful Abfence or Non Attendance on his Duty during the Sitting ofthe faid Court, he fliall forfeit for every Day's Neglcdl, the Sum of Ten Shillings, to br paid or levied in Manner aforelaid j and the Fines fo colleded by the Clerks aforefaid, fliall bt paid by them to the Treafurer of the Province for His Majefly's \}iit(b}. y. Provided ahviiys. That if by Reafon of Challenge or other, wife, there fliall not appear a fuflicient Number of good and law- fid Men to make up a Petit Jury or Juries, then and in fuch Cafe, the Hiid Jury or Juries fliall be filled up de tclih^Circumftauti/mfrJ, to be nominated and returned by the Provoft Marflial or his De- 3. uco. 2. . ,. puty ; and where the Provofl: Marlhal or his Deputy is concerned '^■" ^'^'/^''-I's i^ or related to either ofthe Parties in any Calq, then die Jv.rors fl^alj S-I/S:;/, be nominated and returned b> the Coroner. ,J,^ „J„j, * VI. Provided alfo, That no Perfons ballotted for as Jurors for ,, r , any Court, fliall at the fame Court, be returned to fervc"as Grand "!n nSf.ot': Juroii;. Perfons fummonedj and refiiii,.^ or lie, l.ii.ng to at- tci d (withou'. Alfiicicr.t R-afon to be a'lowr'il |)y tlio <-'<,iut) lofojftic an J for every Day'jj H. C 41. ,.. 2. In/f. 2^.2. 2. UultU,JtA\ C. irafuHicii-ntNum. licr do nu: apptT.r, fl.c Juries to 1-- Hl^ ltd 111) by TJa. Ih F.n^, Slut. 3. OVtf. 2. f, ji|-. VIT. Provided lJi ,ift>; j, .7, '^: the Defendant or Dclcndants arc iiidehtc.1 to the Pl.i r »■ ' ' ■ vc to the P,ai„tifl>» Ufe. the Monies fo b, , i " Vcoll^" 79- ^"S- ^f^f- 9. Am. '•■ '•'.. Set. 2 i'fili IS lofing more t'lan aos. within 2l Ili'iirs, ftrjut I'tiiu/et, a. Mcti. 54. //;// I'trjuj r,erj,,„t. 3. Sira, I07g. Tiir. nir wrjui Harnn. may Tup Ut and re- cover tilt J.,mc fiom tlu' Winner wiihiiiUncMomhj thlt. Jrj'.o Trke'fijiw Tcrtio Regis Geo r on II. Cap. I. Vi/ '759- And in rr.fc fuch PcHbn llir.ll iifit file within tliat Time, any other Perfon may fue for and recover the fame within One Month after. One Half to the Ule of tht Poor. this Aft ; nnd in Cnfe the Perfon or Perfons who fliall lofe fuch Voney or other Thing as aforefiiid, fliall not, within the Time aforelaid, really ^x\<:\ bor.d Jidc, and without Covin orCollu Ion, fue and with EfTea: profccute for the Money or other Thing fo hy him or them loft and paid, o-- delivered as aforefliid, it fliall and may be lawful to and for any Perfon or Perfons, within One Month thereafter, by any fuch Adion or Suit as aforefaid, to fue for and recover the fame with Cofts of Suit, againft fuch Winner or Win- ners as aforefaid ; the one Moiety thereof to the Ufe of the Per- fon or Perfons that will fue for the fame, and the other Moiety to the Ufe of the Poor of the Town where the Offtnce fliall be com- mitted. Parent,, &c. of III. Jnd bc it further EvaSfcdy That the Parent, Guardian, or Perfons'undtrAge, Maftcr of any PeVfon or Perfons under the Age of Twenty One &c\;t*from""'^' Years, fliall likewife be at Liberty to fue for and recover, in Man- Wm. neras isbefore prefcrihed, anvMcneyorotherThing wonbyGammg from fuch Perfons within lawful Age, and treble the Value of the ■ Money fo won, with Cofts of Suit. IV. Jndbe it further EnaSfcd, That if any Perfons fliall, by Fraud, unlawful Device, or ill Pradice whatfoever, in playing at any Game or Games whatfoever, or by bearing a Share or Part in the Stakee, or by Betting on the Sides of fuch as fliall play, win, or acquire to thcmfelves, or to any others, any Money or other valuable Thing, every Perfon fo winning or acquiring by fuch ill Praftice as afore- faid, and being thereof convidled of any of the faid Oflenccs, upon Indidment or Information, fliall forfeit five Times the Value of the Money or other Thing fo won as aforeAiid ; fuch Penalty to be recovered by fuch Perfon as fliall fue for the fame by fuch Ac- tion as aforefaid. V. And for the better fuppreffing all VnhM CamingUoufes, it is hereby further EmiSied, that it fliall and may be lawful to and for any two or more of His Majefty's juAices of the Peace, to enter into any Publick Houfes fufpeded of keeping any Gaining Tables, and to order and direft the Keepers of fuch CJaming Tables, if any fuch fliall be found therein, to remove the fame within Forty Eight Hours, as a Public Nufancej and any Perfon refufingor neglcding tj obey the Order of fuch jufticcs, the faid Juftices ihall have Power to break and proftratc fiich Publick Gaming Tables, and alio to require fufficient Security from Perfon^ keeping fuch Publick Ga- ming Houfes, for their goodHchaviour during Twelve Months, or for their Appearance at the next Quarter Scflions, there tobc pro- fccuted for offending againft this Ad, and on Convidion, to bo cither fined or imprifoned, as the Court fliall direct. Eng.Stat. 1 6. Car. 2. c. 7. Sict. 2. W o. //»«. f.14. A>f/. 5. Perfons winning any Money, &c. fraudulently, to forfeit five iTimes the Value. 2. S/ra. 1048. Jiex ver/uf l.uckup. Tbt Ptnalty mujf be find ■for, aflir tht Con- ll-iliOM, Two Juftices may order Claming Tables to be rc- incvcd, as Public TSufiinces, &c. CAP. II. '^7S9' 1 >• I, — Anne Trhiffimo Tertio Regis GEORonri. Cap^' 8^. C A P, II. the reople called %.^..., to make an Affi^^^^^^^^ inltead of taking an Oath, "i-^uon ^/.^^rrx v^^io ff, n 1? ™e^fion of the People calJed ^- "i^- ^«'- 3<5. to takenn'otfhkln ° T" '^^/^q"''-^^ "pon any lawful Occafion ^^■^•'"^-' -- n,ah to taKe an Uath, fliall inftead of an Oath in the uf.nl F'orm , "°" Sc^ltm:, Aiiiana- mitted to make his or her folemn DcclarafSn "^•'^'/°'^'"' '^P^r- '.on, infc.j of thefe Words, to ivii ^ declaration or Affirmation in '■''^'"S an o..h. t< I A. B. do Solemnly, fmccnly, and iruly declare and afflrm-r ^^)^be.,„i,ed. ..f rue.; q,..„'^X£t„ te.£?;„^ wilful and corrupt Periurv nV^n ' ' i. T'"* ^^"^ "moui fed to Pcrfuns falfdy gf. firniinn; t ) iin;:,- ,,| »* guilty of J'ciqry. excepted. fore dircfted. that they arc of the l'r,,r, i;,:, r^ .J"' ' ''™ ■»- "'"""-H « ■■■ hw, %<,^«, and have hccn'fo for oltVcaS^i^^'p'^^^jP-r'^ """1 " ^'« '* V. Andht itfmhcr Emfled. That thi, Aft n„M l,„ 1 !:!M->^|lA«^^nd^^ to T„j,^d„„. , »s betiVMn Party anU Party it is a Civil S,^ c " '*7- Nor Appral of Murd.r ,j ' trinanal Profituiion. ivn. l„.i,i /■..«.•_:!."''"'" " . « '<" e to dirvv cauf,. Ky a f.,,-. - ' CAP 82. jinno Triccfjirr.'j Tcrlio Revis Georgii II. Cap. L-I. 1759- Picnmble. Pan ill of St. Paul to comprehend all the Lands n tlic Townfliip of Halifax. Church Wardens and Parilhiouerj to chufo 12 Vtllry Men, who fliall have the Oimc I'owcrs as in England. C A P. III. J?i ACT in Aaaition to an Aa, Intltlcd, J?i AFi ■ for the EflahUpnent of ReVtgkus PtMc Wafhp ^?^ this Province, and for fupprejfwg of Popery. _ . W^Os HEREJS although in and by the faidM it is EnaBed, & IV ^6 that the Sacred Rites and Ceremonies oj f/^^j/^f^/'' ''% ^^ ^, rrdl-i'T to the Liiur'ry of the Church ejlabhpxd by thcLaws of /;' - , '•>. r 1 r ;. n^ni,.„nJ thnlllw reihcBcd and and the Fum lawvcn by the %0k s. or to iJpo^cr the Paripioners bebngmg to the Jatd Church inrMmre^' for the Support and Maintenance ojjuch Mmlhrs as are In bfh'rSr appohHed to officiate therein, and/or the Repa:rs of 'ct^^tdJ .blu ^rni by the Authority fthejan.i, u hereby E- S Th.t- he 'Parin» of the Church commonly called nni Tntv^l^X Name of Saint Paul's Church^ iMl f,<^-\^^f coZrel end .11 the Lands lying and hcing in the rownAnp of 7/,7- Z^ hStcr to he known and called hy the Name of the P.^iai f £•, / P^r/'. for and durinn fuch Time as the faKllWnfhip null I'frofoip hh only, .mdthattheChurch Wardens and Pa. rid" ione s of fud V^ni\l are hereby impowered to meet as (oo,i niiuoncrb^ u. Notice beincr firft given cf Inch Meeting, "' rreThce t ;7eo by the Rc^^o? of faid Purid.. and iludl then ^nd trXt^cdvl\)ihcers of the fdd P^iHdoncrs n.r Vcftry Men in\vd'ich \^cl\ry (hall he included the Mur.ders be ongmg to tie fa d Church, and olliciating therein; and the laid Church W^rden^ and Vclry (hall have and c.ercife o^^l h.eh Pov.-ens and W amen _ ana y Church, as are ufually ex- "^"'SirChtc War^^^ Vcftricsin the Parifl. Churches int IL^^^^^^^^ to all Intents and Purpofes be and are , hcr^y impowered, as a 13ody Politic incornorate to ue and be tX (bjln^^^o^W:, demand, and lue for tk- Rents due forthe I ■ p„,n„rfcntwill bind the wholcrnriflu Watfon's Clergyman*) (a) When met. the mnjor Pa n prj^"; ^ Zm AlfrP,hly, 2. 5itra. |o^^ i;y Cul- Law. c. J9. Right •^«; '';^'"'"^,;S;r „ tX th. Acc.n.U <,f Churdnva.Jrn,. ^c, torn in iv^Kland Sf.a.,l ^Irus ^J^^^^, N,,ico of the Vcllry to be i>eld for that but whcnlVatts are made, '''"'/y'" 7," ^h dr 1 by aMnjouty of tht^fe rrcfcnt. Wood'. Purpofc. when all '''''f^;- j;;,,^*' ,:,;'"!! lu to 'be prdent! and vot'c in the Vedty. ' 'J!TnT^\ Warden. areaCorporation to fueforChurchC.nods. an-l to nurdiafo floods, for r^,^;r£St »rn^:i^orporation ,., pt,.!. J. Land., or to t,^ the Cod, lur Keel. 21c. Wiitfon*'. Clcrg. L c. y)- 1 e by CJrnnt.UiW' ChuichVVaracns canr.ct difjolc of liooJa wiM>vut ConkntOl the Panft. .U> All. vn- frt,'. Jac. aj-l- Pews I ly^i^. Anno TricefJifnoTci-tio Regis Georgii II. Cap. III. S3. Pews offal J Church, for the Ecnefit of the Minlflcrs and Repairs thereof, and to take and receive all Gifts, Grants, either of Lands or iMoncy, to and for tl;c Ufc of tlie fiid Parifli Church, and to improve the fame for the Dcnef t and Advantage tl^crccf, accor- ding to their bell Difcrction, and the true Intcra and Meaning of the Donors : And the faid Mcctins^ of the Parilluoners for the n: (I ^■cllr)n.cll to li'.' L-loffi) or. I\:itl::: WnrJ.n. to /halJ, and thty arc hereby impowcred, to collec'l and receive fuch ''-'' '^^ '!■« i^»teo. (c) I!y Ciidom P.ariHi m.iy cliiife both xW. auircIiWanlcns, 2. Ri^ll's Abr. :8-. In Lon- don both the Ch.,rchy.-.n!<„s are npi-j-u,.,! by thcl':n;(li. I..1. Kuvin. i,(' Hut bV C,-.n, Kn. thi' Mi.Hllcr ni„ll chufe On.-, mul the PariHiioncr^ .ntiorl.rr. In |./-w Lhui.l.« 'tho {:Mu'n nu.i tako pi .,T, bccaulc .10 Culluii. laii Lc iMctnuIcd, ui.kfs LvcJ by MX of I';uliajnt;it. Gto. 2. f. 17. Stet. 2, \3l. Anno Trkcjjhno Tcrth Regis Georgii II. C a p. V. 1759. Rates and Taxes ; and if any Perfon thus rated or taxed, fliall not pay the lame within One Month after Notice given by fuch Church Wardens, that then it flvall and may be lawful, on the Complaint of fuch Church Wardens, on Oath, that due Notice has been given as aforefaid, for any One of His Majefty's Juftices of the Peace for the County of Halifax, by Warrant of Diftrefs under his Hand and Seal, to caufe the fame to be levied on the Goods and Chattels of the Perfon fo failing, VI. ProivVe'^rt/TC'^jj/j, That if any Perfon fliall think himfelf over rated, he may appeal for Redrefs to the next General SeJJions of the Peace for the faid County, and the Juftices thereof are hereby re- quired and impowered to examine, hear, and determine all and every fuch Appeal or Complaint, and to give Redrefs as they in their Judgment fhall think equitable, and fuch their Order and Judgment fhall be final, and bind all Parties, VII. Am/ be it further Enabled, Thrt the Church Wardens and Veftry may meet as often as the Bufinefs of the faid Church fhaVl' require, but for the making the AfTefTments and rating the V?- rifliioners, they fliall and are hereby enjoined to meet on the firfl Monday after Eafler yearly and every Year ; and no AfTefTment, unlefs the fame be agreed on and fubfcribed by at leafl Seven of the faid Veflryand Church Wardens, nor any other Adl by them done or agreed on to be done, fhall be valid, and have its Force and EfFed: in Law, unlets alfo Seven of them, at Icaft, be prefent. VIII. And be it furthv, EnaBed, That the Minlflers of the Church of England, not conforming 'themfelves to the Rules pre-, fcribed by the Canons of the faid Church, fhall be fubjedt to the Cenfures and Penalties incurred therein, and none other, any Law, Ufuage, or Cuflom to the contrary notwithflanding. I Exec. CAP. IV. An ACT for erecting a Market Hotife within the Town of Halifax, and for raifing a Sum of Money by Lottery for that Purpofe. 1 Repealed by His Majefty in Council. CAP. V. An A C T to enable Proprietors to divide their Lands held in Common and undivided. CAP. VI. 1759' -^^"0 Trkejjhno Tertio Regit Georgii II. Cap. VII. ^$i C A P- VI. Aa ACT in Addition to an AS: intitlcd, yf^i Act relating to the Ajfize of Breads a?id for afcsr tailing the Standard of Weights and Meafures ; made and pafTcd in the 32^ Year cf His Majefty's Reign. loitncil. and E it EnaSiedhy His Excellency the Go'vernor, _. , 4jjanbfy, and by the Authority of the fame it is herelyEnaS, Goods"ofi"r- a ^^3^0!^^^'^*^''°""^ ^^^ ^^^^'' *^^^ ^^^^ DayofM/v, 1760, no (cWt na"') to'L 1^,^^'S^fk Provifion or Goods of any Kind (hall be fold within the '"''^ ^-^^ ^•'^^'y'"^'. Provi ;ce, by Steelyards (except the Article of Hay) under the Penalty "" ^'""'^^'y '^^ "^• or Foifeiture of Twenty Shillings, to be paid by the Perfon or Pcrfor.s offending, for each and every Default, and to be recovered before any of His Majefly's Jullices of the Peace. \\. And it is further Enadled by the Authority afo, ,jaid. That the cicrk* of the Mar- Clerks of the Market are hereby impowered to injped: all Beams "^^ '" '"'i"^'^ and Stales, Weights and Meafures, ao well of Brafs as of other i^'onc^in thr' Metals, and alfo the Steelyards ufed for weighing Hay, once in Moni^an'i^ ^'^' C'/cry Three Months, or oftner, as tlvjy (hall fee Caufe; not only thofeufed by the Inhabitants, felling publickly by Wci^^hts and Meafures, but alfo thofe ufed on board any Ships or Veffels lyino- at any Wharves, or at Anchor in any Harbour, or by any Pe'rfon or Perfons felling as aforefaid within the Province, and the fame to afl'ay and flamp, and difpofe of as in faid Adl is direded, and un- der the fame Penalties : And all Mafters of Ships or VefTels refu- fing Admittance to the faid Clerks of the Market, fliall be liable to the fame Penalties as any Inhabitant, in Manner and Form as prefcribed by faid Ad:, and to be recovered in the fame Manner.' III. And it is alfo further Enabled, That all Fines and Forfei- Thr«F turcs incurred by this, or the former recited Aft, (hall be applied, i'»'"o1hrcicrfc Three Fourths to the Clerk of the Market, and the other Fourth *'*'''' '^'^'l^"' to the Poor of the Town where the Offence fliall be committed. PooV """'' '° ""^ Vidt further AJMlions to tl.u At, 4. Cce. 3. f. 5. 2, Sefs. 6. Geo. 3. c. c. to affhy and ftamp the lame. C A P. Vlf . An A C T to prevent the importing diHiblcd, infirm R-tmH VHis and other ufclcfs Pcrfons into this Province. ^^''J^''^-^'--i. '%M. 3CT^mw **v mfmsmBt?" CAP. VIII, se. Anno Trkcjimo Tertio Regis Georgh II. Cap. VIII. 1759. CAP. VIII. Preamble. No Perfon to ride at full Speed on Horfeback, &c. in any Town, on Penalty of los. 01 four Days Labour in the Highways, on Refufal to be whipped Ten StJ-ipes. Owners of Sleds or SlaystofixSixIIorfe Bells on the Horfe Ilarncfs, &c, on Penalty of 205. An ACT to prevent difordcrlj Riding Ilorfes, and Driving Carts, Trucks, and Sleds, Slays or any- other Carriage whatfoever, within the Town of Ua- Ufax^ or M.ny other Town within the Provinee. 5!'?'5©-^)^ N Order to prevent the Inconiientcnces and Mi/chiefs which ^ r ^ )}nght urijefrom the negligent and diforderly Riding Horfcs ^ P and Driving Carts, Trucks, and Sleds for Carriage of Bur- )eC$S3Sfufal or Negledt tn 1759- ^^n° Tricejimo Tertio Regis Georgh II. Cap. IX. 87, to pay the fame, to be levied on the Goods or Chattels of fuch Of- fende.-, by Warrant of Diftrefs and Sale under the Hand and Seal of the fald Juftice. III. All Fines and Penalties incurred by this Aft, to be paid into the Hands of the Surveyors of tl\e Highways for ihe Tinic bein^^;'^'''^°"^' ^^q^^Ii^^ed as Method of R.t„... aforefaid, to the Uerk of the S.pream Court, who fliall thereupon "" "" ^ ' caufe the Names of the Perfons fo returned to him, to be written I on diainft Pieces of Paper or Parchment, as near as may be of eqiwl Size, which fliall be feverally roH-^d up in the fame Manner and put into a Box to be locked up by the faid Clerk; and Ten Days before the Sitting of the 5/./.rm;«CWr. the faid Clerk fliall pul bhckly in the Prcfence of the Chief Juflice, at the Court Houfc. drawlwcnty rhrceof the fa.d Papers or Parchments, and EiVh Days be ore the Sitting of the faid Court, a Precept /hall ilfue in the ulual Form, containing the Names of the Perfons fo druvn to the faid Provoft Marflial or his Deputy, requiring him to 1 r- mon the (aid Perfons to attend as Grand Jurors at each of the two bittings of the Supream Court next following, and to make due Xe. (t) 2. Halcn Hid. P. C. icc. :. Hawk. P C itt, ji- W-,nt „r v in- Challenge al-aJ.ror. wlKrc n^ol othcrwifc pliij^d /b^V'^uS" ^"^ ^"■^•''°''' ^ "^ S<^"-1 f/'J 2. Vent. ',66. 2. Hawk. P. C. 416, 417. Dv F,m St,tt a H - //-'; (-t nr Ballotinr mmoning, lurofi. uirjl S8. ylnno '£riccJ}imo Tcrtio Regis Georgii II. Cap. IX. 1759. Pcrfons refufing or iiegicQine; to ap- ^leai-, to DC fined turn of the lame, and at the End of the Firft Term, the faid Box be delivered to the Clerk of the Peace of the faid County, who ihall in like Manner, in the Prefenct of the Chairman of the G-?- rural garter Sc/jions, draw Sixteen Papers or Parchments, Ten I^ays before the Meeting of the then next garter Sejfion^; and the Perfons fo drawn fliall be fummoned and returned as aforefaid, to attend the faid Court oi garter ScJJions at each of their two next Sittings as Grand Jurors ; and the remainingSixteen Perfons fhall, in like Manner, be fummoned and returned to fcrve as Grand Ju- rors at each of the two next garter SeJJions enfuing the ^mrter (S^/zW aforefaid. III. And be it further EnaSled\ That if any Perfon fo fummoned, fliall refufe or negleft to appear on the Firft Day of the Sitting of the faid refpedive Courts, imlefs prevented by Sicknefs or other neceffary <. aufe, to be judged of by the Court, it iTiall and may be lawful to impofe a Fine of Five Pounds on the Perfon fo negledting to appear, or if any Pcifon who fliall appear, Ihall without jurtCaufe tc be allowed by the Court,be abfent, it fli Jl and may be lawful to impofe a Fine of Twenty Shillings for each Days Abfence; (c) and in Cafe fuch Fines fliall not be paid in Two Days after impofing the fame, to the faidClerks refpeaively, the fame fliall be levied byWar-. rant of Diflrcfs, to be forthwith iflued from the Court wherein fu:;h Fine was impofed, and fliall be depofited with the Clerk of fuch Court, and within two Days after the Rifing of the faid Courts, the faid Fines fliall be paid to the Treafurer of the rrovince, for the Ufe of His Majefty. If afufficientNum- IV. And be it further Ena£l:d, That if a fufficirnt Number fliall ber do not appear, not appear upon fuch Summons, for conftituting a Grand Jury, S^Ten court'lnd the faid Clerks fliall be directed to draw in open Court, fo many fummoned to ai- of the remaining Papers or Parchments, as fliafl be requifite for that Purpofe, and the Perfons whofe Names are contained in the fame, fliall be immedi'^ely fummoned by the Provoft Marflial or his Deputy, to attend as Grand J-irors ; and the Papers or Parch- ments containing the Names of thofe who fliall not appear, fliall be forthwith returned into the faid Box, and the Hud Perfons fliall be liable to the uke Fines for Non Appearance or Abfence, to be ' levied and paid as he rem before direded. V. And be it further Enacted, That no Perfon who hath ferved as a Grand Juror, at two Terms of the Supream Court, or at two Terms of the S>uartcr Sefions, fliall be compelled to ferve as Pe- tit Jurors within One Year from the Time of fuch his Attendance as a Grand Juror. VI. And be it further EnaEted, That no Pnplfl: fliall fer^x or be returned to ferve on any Grand Jury ; and that in all Trials of and afterappearing, 20J. for each Day's Abfe •. Eng.Stat. 35.//. 8, c. (>. Brit. Stilt, ^. Ceo, 2. (. 2j. Sect, 13. tend. j'erfonJ who h.wc duly ferved as Grand Jurors, not compelled to ferve as Petit Jurors, v^itliin One Vca". Eng. Stilt. I. Geo. 2, L. 25. Sect, 4. I'.ipifts not to fcrve cn lurv.s. (,j 2. HhIc's Hift. r. <^". 309- IflllCi mce, jor ■ — — — --• I i I ' — — •■ "■ I 1759. Anno TricefJmoTertio Regis Georoii H. Cap. X. LTues on any Prefentment, Indidment, or Information, it (h^ll br lawful to challenge any Papiil: returned as a Turor tc *rv the Amr- and fuch Challenge fhall be allowed^^;. ^ ^ ^ ^'* Vir. Ami be it further EnaSlcd, That in all Cafes where It Hiall be judged neceffary to hold a fpecial Supream Court or Court of Sef- fions. It niall and may b- awful for the laid Courts to iffue a Pre- cept and Venire for lumn^oning Grand and Petit Jurors, in the fame Manner as has been pr.ftifcd before the making of this or the faid former ^^/> regulating Petit Juries, and declaring the SvaMca- tionsojtbejiime. ^ -"^ J VIII Azdbe it further EnaBed by the Authority aforefaid. That Grand Junes fljall not be obliged to attend more than Six Days a each Terrn of the 5./r.^.; C...r/ ^.;. nor more than Three Day at each Term of the ^^arter Sefions, unlefs upon fome fpecial 0,l cafion; and that Petit Junes iLall not be ob i'.cd to a^tenl mn--. Vide a further Addition to this Aa, 4. Geo. 3, c, 2. 2. Stft. from the Church, were fuppofcd Lt o I,e und r tl eni^nceo^ P 'v"-" "'f Tu '■'^^'"^'-•^ £a,.nGilicrt'sLa^ofEjiLce, ,03. grounded onVBair.cc?!':?'^^:''' ^W' P' ions exconmu,.i(ats car.r.o; Lc Wiirc^s • but ,,r).""- u ^,^' f'P'J^ ^''"P'u.Tte, lic^ys ure tuitny Keiue ? C A P. X- An A C T for tlic better and more effcaiuil Eftablifli-. ^^^^^ oith^ CLurc6o/E;ig/a,id in this Province. F^)J( J E it Enacted by His Excellency the Governor r.,n. •;/ j r,,,. py°'^\'P M be ereded in any Part of this PmZ^ ^--orand ^ortheCucbrationoi D.vme Service, according to the Rites ni^ ^c'l-^^K'' Ceremonies larifli, ^o. yluno'rrkriJimo'Urtio Regis Gv.QV.o\\\L Cap. XI. 1759. Ceremonies of the Church of England, it ll\all and may be lawful for His Exccllcr.cy tin-. Governor cr Commander in Chief, with the Advice vind Confent of His Maieilv'^ Council, toprefcribe Li- mit, and allot a certain Dillria, which Ihall be the PariHi of Mie Church lb eredcd *; and it fliall and may be lawful for the Inha- bitants or Perlbns refiding within the faid Diflrict, to meet for the Choice of Church Wardens, Veilry, and Paridi Officers, which Choice Ihall be made yearly, and at th flune Time and Manner as is prefcribed already for the Parilli of St. Paul's in Halifax; and all Meetings, Afts and Proceedings of the Parilhioners, Church Wardens, VeO:rv, and Parifh Officers of laid PariHi fo ereded, in Behalf of the dud Church and Paridi, Hiall be according to the Ilules and Regulations fet forth for St. Paul's Church in HaHjax, in an A6t intitlcd, ^n A5l in Jdditicn fo an Act for the EJhihhjhncnt of religious public Wcrjlip in this Province, andforjhpprej/ing cf Popery. And the faid Church Wardens and Veftry are hereby impowered to aft in the fame Manner, in all Cafes, as is prefcribed in (M Aft. II. And be it further Enacted, That the Church V.'ardcns of ivvers and Autho- every Parifli within the Province, together with the Overfcers of ,ici of Church ^j^g ?ooT, fhall havc and exercife the fame Powers :'nd Authorities ■,.rdcn» aiui Over. .^ ^^^^^ Refped as are given to the Overfcers of the Poor, by an Ad: intitlcd, An AB for Regulating and Maintaining an Houfe of Corredlion cr Work Houfe vnthin the Town 0/ Halifax, and for bin- ding out Poor Children f ; and alfo by an At\ : -.titled. An /IB for tbt Relief of the Poor in the T'^wn /Halifax \\. yUe an AiiMtio.ttoihis Jet, ■i^'^.C'ei.. 2. c. \o, • • In nrlo! M/.r.r.cr Paicc!:itd Cl.urdes t'<;fcu>u'Cil, yii't Dr. Biifn's EccI, Lniv. 2. /v. 1.12. Bp. i'H/'Jc/i's CoJ. Itir. Eccl. Ang, Tit. 9. Church Wardens, iiz. to be chofen annually, in Man- ner prefcribed for tlie Parifli of St. Paul's in tlalitax. Si' C«- *• '• 3- Pow nti ■w fecrs of the I'oor. t 33. Gtc. 2. f. I. Iljj. Cm. 2.C. 4. CAP. XL An A C T for regulating the Rates and Pilcc of Cur^ riagcs. I'rcaniblc Jufticcs in Seffiopi to regulate Rates for the Carri ge of VW^ HE RE A S the 'Rates and Price demanded by the Owners ^IP^^ of 'Trucks, Carts, and other Carriages oj' Goods, f Cares and W WWQ Merchandize, are very exorbitant and c.vcelUve, and burthen- "-^^■* fom- to Trade : In Order, thenfore, to remedy the fame. Be it Enaifed by Uis Excellencv the Governor, Council, and AfJ'embly, 'nJ .-or u.e .arr. gc .. by the Authority of the fame it is hereby EnM, That the JufUccs in Wood, &«. in I 'a. j},gjr General Se/Jions oft,.. Peace, held for the Covinty of Hal fix, l'»«X' ^j]| t^itc every Year, in the Month of March and in the Month of September, regulate ♦he Fares and Rates for the Carriage of Wood. Barrels, Hogrticads, and other Wares and Merchandize in the Town of Halijax and its Suburbs, Conlideration being had to the Price of Hay, Provender for the Cattle, and Price of Day La- bourers; and ihall caufc a Table of the fevcral Rates agreed upon by 1759- -^''"•<' T'rice/Jimo Teriio Regis Georcii II. Cap. XIII. 9^ Carmen, «rc. cJe- Ratts, forHit'203. by them at their Scffions to be j^rir.ted nrd poAeJ up in the moft public Places in and about the Town oillalijax. 11. And he k further Enaclod, That if any Carman or Owner of Trucks or Carts, or any other Carriige, fliall afk, demand or receive, from any Perlbn, any other or greater Rates or Fare, than is al- lowed and prefcribed by the Table aforefaid, b.c or they ihall for- feit and pay the Sum of Twenty Shillings, to be recovered on the Oath of the Profecutor, before any One of His Majefly's Juftices of the Peace for the County of /M^a-, and to be levied by War- rant of Diftrcfs : One riilf to be paid to the Profecutor, the other Half to be applied to and for the mending of the Streets of Uc- lifiix. III. And be it a!fo further Enabled, That the Juflices of the Peace at W":^* in Spflions, the ^^artcr Siffions, held in and for the feveral Counties within the '^l ".'''7 ^'""""e^^ Province, are alfo impowercd and hereby required every Year, in o^Carrfages fbi'' the Months of March and September, to regulate the Fares and '-'^'■•'' ^'ov^n. ' Rates^ of Carriages for the feveral Towns in each of the faid Coun- ties, in like Manner and with the fame Penalties, and to be rero- vered as is directed by the preceding Claufes of this Adj One Half of the Fines and Forfeitures to be paid to the Profecutor, and the other Half applied to and for mending and repairing the Streets of the Town where fuch Offence fliall be committed. CAP. XII. An A C T in Addition to an A(^, intitled, An Asi for the Relief of the Poor in the Town of WM2.X x '^*"' Made and paflbd in the 33 -^ Year of His Majefty's Reign. CAP. XIII. An A C T to prevent any private Trade or Commerce Repe.,«. by Hi» Wltll the Indium, Wajefty in Couici u. C A \\ XIV. 92. -*• Anno Trici imo Tcrtio Rem Georgh IL Cap. XIV. i 759- Preamble. A Pound to be vnaa." forty Feet TrcfpafTing Cattle to be iiiipounded. C A P. XIV. An A C T in Addition to an Aa, intitled, y!/i ASl for preventing Trcfpajfes. >^>XXg TIERE A S fy :una^e;i done by the faid Horfc or Horfes, Neat Calt!^ Sheep, ("oats or Swine, the Remainder (hall be paid t(' the Owner, and if no Owner HiaP ap- pear, then to the Ovcrfcers of the Poor, for ihc Ufc uf the Poor of the Townlhiu ijf Halifax. HI. Ard Owners of fuch Cattle reful'iig to liny the Damages, fee, till' raine t C/c uhin--, AAmadcpfrpewal. undjGrpimiJhing the Concealers and ILirbmrcrs oflieaniat arJ Marine* dijertin^ I'renmble. •f-f i'i«. iht Alt namtd in th 7'illf, ja. (ill. 2. C. 12. 1760. AnnoTrkeJjimo^rirto Regis Geokgii II. Cap. III. ^l' deferttng from the Roy iilN. ivy, fnill he, and t!ic f.'.ir.c is hcrvhy made perpetual, any Prc^vifo or Limitation in tJie i'did Act nct- withftanding CAP. 11. Jl?i ASl for the afccrtaining Damages on proteftcd Bills of Exchange. g¥>J(2 E it Enacted by His Excellency the Governor, CoiincU, a'd g 5 g A.[Jcmbly,amll>ytbe Authority of the Ihne it is hereby EnaSled kK-)^:is. T}^^^ ^""O'" ^"^ ^^^^"^ t'»e Second Day of October, One Thoufand Seven Hundred and Sixty, all Bills of E- -- change drawn from and after faid Time, by Pcrfons refidi'no- within this Province, upon Pcrfons in pAirope, that may be fen'? back protefted, (liall be fubjeil to Ten per Cent. Damr.ges, and Six per Cent, per Annum Interefl, from the Day of the Date of the Protefl on faid Bill, to the Time of Payment. And be it c/ib Enabled by the Authority aforefaid, that all Bills of Exchanne drawn by Pcrfons refiding within the Province, after faid Time,^on Pcr- fons in the other Colonies, and fent back protcded, fhall be fubica: to Five per Ceiit. Damages, and Six per Cent, per Annum Inte- iclt, from the Da^ of the Date of the Proteft to the Time of Pav- ment. ^ II. And be it further Ena^ed by the Authority aforefaid. That all Bills and Orders drawn from and after the Yaid Second Div of October next, by Pcrfons refiding within the Province on Pcr- lons hying or refiding in the fame, that (hall be proteiled, ihall be fubjedl to Six per Cent. Intercfl from the Date of the Protcll to the Time of Payment. r :reii'i) rills ot" Etc.'iaii^c. Cro. Car. 301, Bttrtia/y i-trj.,i R^, Iiiliind Bills of Lxt cli;inj;c. /i';?. Slut. 0. tf JO. W'/Aj.f. .7. E»g. Stai. 3. U ^, pfltialhy 7. Ahm f. 2;. 5r(/, 3. X.SalL IjT. 2?o--* CAP. III. Aj AEl to explain an Ad: made and paflld in tiie -j-jd „ . . Year of His M:ije(ty's Reign, intitled, An AB to ^^^U enable Proprietors to divide their Lands held in CQtff^ mon and undivided* CAP. IV 1)6. jimo TriccUmo ^larto Regis Georgii TI. Cap. IV. 1760. Cie e. 2. CAP. IV. An AEl in Amendment of an Ad, intitled, An ASi for covfirnilng Titles to Lands and ^ieiing Pcf- J(fions''\ t Cap, ^;2(X;X UREA Sfomc Tnccnvcnicnccs have already and frequently di £i /^ ^- (irife to ihc Purchajers of Lands in this Province, from the OwwH Difiail.y of producing, before the Regi/ler or his Deputy, one Preamble. -^^'^^ ^f^/,^, JViiuef/es to the Execution of any Deed or Conveyance /fraught by them to be rcgijlred, cither fr cm fnch Deed or Conveyance having been executed in Circat Britain or Ireland, or in fome of His Majejiys Colonics or Plantations dift ant from this Province, in the Prefence of JVitnefe^ nfident thc7-c, who cannot be produced btf ore the faid Regifier or his Deputy, to prove the Execution thereof on Oath i ' thereby preventing the due Regijlring of fuch Deed or Conveyance, agre- able to the Direcii',ns of an Act made andpaffcdby the Governor, Coun- ■ cil and Affembly of this Province, in the ^zd Tear of His Majejiys Reign f, intitled, *' An A«5t for confirming Titles to Lands and «' quieting PoflelTions :" For Remedy ichcrecf. Be it therefore Enacted by His 'Excellency the Governor, Council, and Affembly, and by the Au- thority of the fame it is hereby Ena£ted, That iVom and after thfc Pu^ blication hereof, the Rcgifter of Deeds and Conveyances in this Province, or bis Deputy, Ihall and may duly rjgiilcr, as direftcd by the aforcfiid Act, all fuch Deeds and Conveyances of Lands in thin Province, as (hall have been made and executed in Great Bri- ProoTof rhcExccu- tain or Ireland, or in any of His Majefty's Colonies or Plantations, b '"tht A^fnow ''" diftant from this Province, (iho' one of the Witnefles thereto le^dgment'ofthe fliould not come before him or his Deputy, to jirovc the fame as Grantor, or by the directed by the faid Act) Provided the Execution thereof fhall ap- micflbTbclr'ra pear to h'irn, either to have oeen properly acknowledged by the juiliceoi ihciVace, Grantor himfclf named in fuch Deed or Conveyance, or bi; proved Ac^'lme becu'ci ^^V ^'"'^ ^^^'* °^ ""*-'"^ ^^^^ fubfcfibing Witnefles thereto, before fome cuted.*^^ '^"' *^^'^" or one of His MajeAy's JuAices of the Peace of the Place where fuch Deed or Conveyance ihall have been executed, and duly attelled * by him; and fuch Atteftatlon being alfo authenticated (if in the Plantations) under the Hand and Seal of the CJovcrnor, Lieutenant Governor, or Commander in Chief of the Pro\ ince, where the fame (hall be made, or of a Publick Notary there rcfiding; and if in Great Britain, or Irc;l...id, under the public Seal of Ibme Corpo- ration there, or by the Attcllation and Certifuatc of Ibmc Notary Publick lawfully conrtitutcd, rcfulent there, certifying that furli Perfon (b fubfcribing as a Julllcc of the Peace is really fo, and that all Faith and Credit ought to be given to his Atteftations. JMl Deeds, &c. to be regiftred, on Widtfurthtr AJMtiem 10 this AT, i. (•n. 3. «. 1. ^' S^- (''f- j. <■• t). - -a r^Ac Ih •. .^w:* k • CAP. V. 1 760. Jlnno Tricejlmo ^larto Regis Ceor c 11 II. Cap. V, n- CAP. V- '•'•'■",' /; ■ aniittinFuthir't An Ad in Amendment of an Adi, made and paffc \ in Ccj?eral J^Jfembly, at the Sefricn begun and liclden at Halifax, on the Second of Odobcr, 1758, intitlcd, An ASi relating to Wills, Legacies and Executors] aitdfcr the Settlement and Dijlribution cf the Efiates of hitcjlates. rX<)5^J HE REAS Ly r,n AB made end faTcd hi GrvERAr Ac- g. IV ^^ SLMnLY, at the Sc'. 'on krun aud h'dkn at ITalifiv en "'■> SCmA ^r^f^V^'^^'''/-' '7f;J>^tit!rd, " An Act ;e]atin: P.ea,nl.i. to Wills, Lcgnc-ies and ].;ecutors, and for the I--*- " tlcment and diilrilnition of tlic Eflatcs ofliuefl.itcs,'- // /V,/-;.^,-.// By Pr,-. w<) r,. ahrr MiUtcrs EtuiHcd, " That in Cafe that Per/cu'd A'Jhs Ih dlh^ >' ■''' "■ ■• '■' ^''■'"- - ficic ' fir the Payinc,t r.f\n:y nj.h or Legacies, a^di^ ffaH /.• fh-nJ jr? c/.! ^'i'T;:: m'ccllury l>y avy Executor or Adr. mill rat or, to ,:ioiie Sa/e rj' m ■< ^" " /v. •/•««..■.■/ " Part rf the Rc.dF.ftate rf th Deccajld for the P.:vm:::f rfrr- ^'''''''" '"■'"""■"' " Dchts or Lev:actes,Juch Executor or Admniflratcr JJ:a!l a hp'- to /' • *' General A] femfdy, to grant a Licence for the Sale of ru'J,'P-i^t]f *' fnch Real E/hte^ as may he nrjl cznvenicnt, J or the Pdyr:ent of fuh Debts or Legacies', and before ar^ Sale he made rf any Real FJh'c '' theExeaUor or^Ahnhf/irator Jbali give thirty Davs public ^'-'le byf'Mwgup I^ot^^fns in the n.j} public PUes, in the r^::^: ,che,-e he d^ceafedPeron lajl dxvelt, and in the public Prints, // vvv .. ''.r ,0 r ' ., '•^'''"''''' ^^-'^A?-'^^^ rn/l Jl,all have t/je Pr.'frerce mfuch Sale : And tn Cafe the E/late oifhch Lite/late fl.udl le i-r.L 'vent, if-^' t^^ccutor or Aaminijlrator Ihafl nrnke like Apf:ic:!i-u, to tie General Ajjemblyfr an Inyury, and for tf^e A'^t^.^mtn'ert ofi '- ...,,;.y: '^Jicners toenjutreintofuchlnfohency, and to examine a:-d j^'tl- tb, i.tainis of all Creditors, and the Amtoi' of the Eftate 'flW'> / ■ 'V ' vent, ard to authorize fich Exe-utor or Ahdnfirator .^ fdJt^^ ^ "^/f ■ r'iw''^, °'J''^' I'fokent, and to 'divide th: f\ o'inc'of the IP hole of JuchEflate, tn aue PrjJ^ortion to a:.d am-r^- f^Cr'' '' 'f, ]:• /- t^'r-'h" E'uKdedbylhs Excellency the Governor, Oaoicil,' a:d Afnd'v 'a-il l'\' ■• he Author: fy of t/jc fame it is he^Wn' I'rr:^ > '\'\\f .A\ \' { '^"^r'" ^I't^nsfortha App]i.jti.. Jhy^,e iU.: recited ^.'^'l^^^^,. l^,^ j;;; ^i^V.IS.^? - bo in:ule by any Executor or Adminillr.Uor to tlvj Cciicral H. ^^'-'l'''. »c. fiaMvOnll, from and after the I'uMiruinn here .f, he vvm\c to tcie (.ovenior or Commander in ^'hicf lor the 'V'vwe h-in r .,„ ( '•'""'''"'<-• t^ t'-e H.M:,idly>sCouneil of this Pnnince. v !u, arc W;; am ho' ""— "^' rivsorl andimpowered to td\h'M\ of t'U ( lU'Jal Al- Exccutrrs to pUe Security i'ur ;i juil DilKibuiioii. J/:;,:^ •Trhf;!;?:'} !:i^naf to Regis Geo'^gu U. Cap. VI. 1760. I„ir.ds, kc. fold by Virtiiu of this Ail, to be the abfolute Proper: V ol the Purchafer. II Jna he it further Enabled, That every F. xccutor or Admi- niaritor, v/ho may, by Virtue of vhis A6t, be authorifed and mi- ro-A-ercd to m.kc Sale of any Real Eftatc. Hiall, before luch bale inade, eive Bond by himfelf, or his lav.-tul Attorney, with Two Suretle:t at the Office of the Regiaer of the Court ot Probates ,n the County where fuch Real Eftate fliall he, f^r the juft and le- eal Dirtrlbutlon of the Monies ariiing from fuch bale, in the lull Value which, by the Report of the Commih;oners for that Pur- pofe appointed, fiiall be certified tp be neceflary to be raifed by fuch Sale, III Md be it further Ena^ed by the Juibarity afore/aid, That all LMid^. Tenements, or Hereditaments, fold by any Executor or Adminiarator bv Virtue of this Aft, fliall become .he abfolute and undoubted Right and Property of the Purch.ie.r or Parchafers thereof, from and softer the Time of luch Sale. 1} ■ ! The Market I loufe to 1 opcii I'om Sun rife to Oik- o'clock, every l)y '. I thi; Week, aiul on baturilays till Ten o'clock at Night. A Keener to be ap- poir.tcu by ilie po; Governor, iiis Duty, and C A P. VI. A?i AEl for Eftablifliinn; a Puhlic Mcrht at the Market Hotife in Halifux, and for regulating the lame. ■!S5©.)5C E it Ena^ed bv His Excellency the Governor ; Council i „ M and JlfcnM; and by the Author ily of the jane tt is ha elf 8 ^ i Enaded, that the'Ma-.kct Ploufe newly creOed in the I ^}@3^X Town of Ualirax, fhall be open on Mondays, Tuefday^. Wcdnefdays Thurfdays, and Fridays, from Sun rife to ( .0 oltck in'tiie Afternoon and on Satur ayr, ^-^ /un rrfe o T. o'clock at Nicht, for the Reception of all kinds of butchers Meat, Poultry boU.alie and dead. Roots, Greens, Fru t., and otl.r VeSks which may be brought for public Sale therein 1 ho Firf Market Day to be held on Monday the 1 lurtccn h Day ot Oaober next enfuing. and lo to continue m Manner atorcfaid. II And be it further Enathd by the Authority rf^reliiid, Th.at :l nrooer Perfon riiall be appointed by tVie C^ovonnr 01 Commander fn S ef'to be Keeper of the faid Market Iloufe, who (h. 1 ope J and n^ut the fame at the Times herein appointed and cav^-e it 1 be kcDt clean, fwect, and in good Order : And the laid Keeper n h reS impow-ed to let the Stalls, and to fue for, rcct>ver, and re- ceive, from the Perfons who (l.all occupy the amc. the Mona " l\n /from the Rents, agreable to the Icveral Rates hcrem afu I n en^foned which Monies he n.all account for tipon Oath, ani P to cTreafurcr of the Province once every Ihree Mc.t 1, ■ Ill' III" 1760. ^nno Trkejimo Sliiat.o Regis Georgii II. Cap. VI. * " ' ■ I i i- I I • II - I . ■ ■ - - Ill ■ ■ ■ ■■ I ■■■■■ ' ■ and for his Services ir this Oflice he fliall receive a Salary net e>:- I'ceding Forty Pounds per Annum. 99. Sa!arv. III. And Whereas D'lfputcs and Controverjles do often arifc in fublic ,. Markets, which end in ^larrels and Frays i for preventing ivhereof as Pov.xTcf'k Ccii! '* much as poffihle, Be it En.i^cd by the Authority afore faid. That ths faid ^•^^i'-'- Keeper of the Market Houfc ihall be inveiled with all the Powtr and Authority of a Conflable, in all Matters relative to the keepino- Peace and Order in the faid Market; and fliali accordingly be fworn into that OlBce, before any Two of His Majefly's Juftices of the Peace, or at the next General SeJJion: ufthj Pcac<; for the pounty of Halifax, after his Appointment. IV. And be it further Enabled, That every Perfon who fhall hire One of the faid Stalls by the Quarter or any longer Time, fljal) pay ^"-" Tor the Stalls. Quarterly to the Keeper at the Rate of Eight Pounds per Annum for the fime ; and thofe who fliall hire any of the faid Stalls for a fliorter Space of Time, (hall pay at the Rate of One Shillini^ and Six Pence per Day to the laid Keeper; but live Poultry, Fruits, Lh-. Pauiry A-r ,« Greens, and other Vegetables, fliall be expofed to fale on tlie UiouLthJiiaJzi. Benches under the Piazza, Rent free. V. And be it further FnaBed, That the Persons expoflnjr to Sile any Butchers Meat, Poultry, alive or dead, Roots, Greens, Fru't, c( other Vegetables, as well within the faid Market Houfe, as Mrat"Ac.' r./leep v/ithout under the Piazza, flir.ll conflantly keep t'le fame clem, ti.e Htu e rkai.. on fvvoct, and In good Order, to the Satisfadlion of the fiid PCeeper! ^'''"^-'^ '-'^s- "^• on Penalty of forfeiting to the faid Keeper the Sum of Two Shil- ling?; and Six Pence for each and every Negleit ; and the fiid Kee- per is hereby impowered immediately to demand the fimc, and in tVreorRc^iir.il. the fame fliall be 'levied by Warrant ofDiflrefs Irom juy one Juflice of the Peace, with Coils. VI. And he it aJfo Enacted, That If any Perfon fliall fellorexpofe to 'e, anv 01 thj before inptuinnr-.l Pnn->mn,i;f;/»p „r;fU:„ *u.. 't^ before mentioned Commodities within the Town ''T."''-' ^'^- '""'■ ici-i.j; Mi'..i, &c. Sale, oricn.nm!aof/7,7^/^v, or on board of any Vefl-els in the Harbour oui^VcN-.r thereof, until fuch Commodities fliall have been firft carried to 'ay of y^ Funily, and Rivers, Bays and CrC'hs,lra::ch'i:gihcrcjromf arc fp-/d:d by ovcrfhiving of tie Sea, and c'l er IFaters, ivhich by Induflry may he greatly improved, as ic ell for th: General Gcui as for the Ben eft and Proft of the Oivners ; and alfo v:ncb MeaJcvj and Pafiurc Land might be gained out of Swamps, and other rough and nn- prof table Grounds by drouning and draining the fame : To th.: hi r.t therefore, that the neiv Settlers and other Proprietors of Inch M'l-Jhes, Meadows and /oiv Grounds, maybe encouraged and erclled to ra;f Dykes, and remove fuch Ob/! rue I ions as prevent thefe Lands from being immedi- ately if Jul, Be it Enacted by His Exci'ency the Governor, Conrril, ,r.d Afjhnhly, and by the Authority rf the fame it is hereby Enaned, That it fliall Ijc in the Power of the Governor or Commander in Chief, with pointed ly the' Go- the Advice of His Majeflv's Council, upon Requcftofanv of the vcrnor and Council, proprietors of fuch Lands, to grant Commininns of PcwerV.;), fo fuch andfo many al.'e anddifcreet Penonsf/') as to tlum fliall /(.".in meet, tor the '^uilding and repairing fuch Dykes and Wears as a; a ntceflary to prevent Inundations j and alfo for the damming and flowing of Swamps, and other unprofitable Grounds, and draining (d) Eng. Utaf. 2',. //. 8. c 5. SeJl, i. Containing the Commifn-'ii ifTiipd in F.ti^lan'. tinder this Statute. Comminion .it Common Law, vide Re^illr. I'-cv. i :6. \z-. ]'. N. IJ. 1 1 1. 114. Under the Commifllons botli at Commoi' r,:nv .'nd by Statute, the ProcccJings and In- cjuiries before a Court of Scwcrf, iire by Juiics. (/>) By Eng, S/ijt. 13. E'ir. t, 9. SiSl, 4. A: 7. Varmcr of Landi cliar^esbl^* not to let Conimimon' r, but may att lor other Lands. of Commiflioners of Sewers to be ap- 17^0, I 1760. ^moTricef/imo ^iarto Regis G-Eo-RGU 11. Cat. Yll loi. ained, fliall fly's Ships,. Filliii;; th;:;r 11 to public rlfing from e Keeper's t Koufe ill lie iVInrket is hertby of the faid <\ fl public of htili/iix liters. 'S, mid loii^ tl.' Vy\y of ;• ihcvtjrom^ cr IFiJtcrSt VIi\:i.!ci'j and !^h and uv." ' the hi ::t dyI\L"-fh,erP...v.r an4 impowcrcd to meet and convene toi!:ether from Time to Time as ^"^''""^r- Occafion may require, to view, consider, confult, and contrive fuch VVays and Methods for buildinp^ and renairin- fuch Dylccs and Wears, asarc neccf^ary topr-vcntlnundations, and for thedrovvninF and drammg of Swamps, and other unprofitable Grounds ; and to employ Workmen and Labourers, for fuch reraonable Wae-s -is may be agreed on for the effeftin^o. the Premises -, and from Time to 'Tune to aflefs and tax all fuch P.rfons as mav or Ihall be Ownrrs ot fuch Meadows MarHies, or fuch unprofitable Swamns and Lanos as aforcfaid, towards the Charge thereof, having Regard to each Perfon s Quantity of Land and Benefits to be recei^^d thereby as equally, according to their bed Judgment, as they can, and aifo to appoint and fwear a Collector or Collcd^ors for the colleft- ing. gathering, and paying the fame, to fuch Perfons as by the f.id CommnTioners flvdl be appointed to receive it ; with Powers to d.Oram al fuch Perfons as fliall neglect or reftifc to mrdcTpV- ment of his, her, or their Parts or Proportions, fet and r'.- a\, aforeHiid, m fuch Manner as is ufuallv done ia the like rrir a to call before themfelves the faid Colleaor o Coll t^s "t ; " count for his or their Trufls with Reference to thrPremV '" , hkewife to value fuch Repairs as may ha- Ln i ^'i'' ^""^ Wears and Dykes, by the'prefent s"?;iei:'befo e ^ DaTe'^K^' faui Commiflions, and to proportion an \(^^f\Zl Ir n °^*^""" tne fame 1^ thofe who hale Le^^r may S ne ^ ^ST' "' '• -• '45- the famp Manner as if fuch Repairs had been made bvl^^' ^" Order, m Virtue of their faid Commifllons ^ ^''' ""'"''^ to he f.vorn and have Sai.irics. faid Commilfioners n.all b. fwom for the f4hful rr ''' ''''- their Truft, and (hall receive fuch ^n]J ^'"^^*" Difcnar^re of men. for thcir Ti,„= ImriLpct.:^"' S™,'' f, ;'-. ft'-". Afliff- thc Governor and Council (lull apnoini', ''■'",""• '■"" C— ono„ ...an .0 a.o.,.B,e; X Z; ^^V^^^ portion of ,hc faid Rat.4' o"r .■ f^ I. ''::•„,"■„""■': ''-" -' ■'■''"- t"l to and for the otiicr IVo, rlctorT^ '' l\' "'"' ""' 1== '^«-- ""til tl.c Rates and IVo! „ '^^Z; 'c,;^; ' ^ ',T' r'^^'T '" '""S ..nlKnfe .hem. and .h. Connnnn^n^'r , re ,f fl :;';;''' '"^'-^ '■'■ th'~ Time how longfcj. 'i^^Jciaid liuJl deternnne «fS %Sl;^£'- '^; "'- «• '• ?• ^-'. 8- TLc r.n.i. „,ay W frUl a, Non rnpKnt 102. Anno Triceji mo Sluar to Regis Gzo'RGu \\. Cap. VIII. 1760. Appeal to tlie Co- IV. Provided always, That any Perfon thinking himfelf aggrie- vernor and Council, yed at any Procedure had or made by the faid Commiflloners, or any others in Purfuancc of th\s Aft, may appeal therefrom to the Go- vernor andCouncil forRelief/^^//, who are hereby impovvered to order the Poffeflion of all fuch Lands as are held for Paymen t of the AffefT- ments beforementioned, to be reftorcd to the Proprietor on Proof before them, that the faid AfTeffments have been received out of the Profits of the fame. Fielt Additms to this Act 3, Ge*. 3. <•. 1. z.-^tfs. and 5. Gee. 3. t. 4. (d) rroceedings of Coiirt cf Sewers removable into B. ?,. by Cc>t:wnri, 5. Co. Rep. 99, b. Reek's Cafe. 4. IniL 276. Cio. Ja. 336. 5. lull. 125. i, Lvv. zii8. i Vent. 66. I. Lalk. 145. M IMijtj . ..» . . yi . .■■»l]Uiiij .)f«-«r-j, C A p. VIII. An ACT for encouraging the Improvement of Lands in the Peninfula of Halifax., and further quieting of PoflefTions. 8 Pnamble. L«nds within the Peninfula of// tieConmiJ:on in tote, and mt fur t^-t par- ticular Furl^rjei if mI)/i.iH Graniitt, ijt. WyiiW^ TIE R E AS great Inccnvcrdences ar.d Prejudices have arifen, fjjT^ on Account of not improving the J..:nds on the PcninfuLi of ww^2 H?l'fax; Aiid Whereas by the Ac fence of fvrral Grantees, ard the Ne^L'Sl and Death cf others, mar.y cf the Lots lit "walie: .'n order therefore to cncourc?r the iiniirovem^nt of the hands 'Within the [aid Peninjula, BeitEnaSled by His Excellency theGovervor, Council, and Ajjembly, and by the Authority cf the fwic it is hereby Enabled, That in all '^'ifcs where \\\z Grantees of Lands v/ithin t]\e faid Peninfula, hav:, been Abfent from the Province, or have lived therein, for the Space of Seven "^\..i!!, and no Improvement made thereon for th.^ Time; and likev/ife in fuch C;;fes where any Grantees of Land? are dead, and no Perfons in Rieht of fuch Grantees have chimed faid Lands (a)-, it Hiall and may be lawful, upon an Inqueft of OlTice, on the Oaths of Twelve Men fv/orn for that Purpofe, held before the Comrnimoncr of Efcheats and For- feitures, according to the Commifiion to Iiim granted *, and duly returned into the Office of Regiller of ihe Court of Chancerv, for the Governor, or Commander in Chief for tlic Time bcin^;, v/ith the Advice and Confent of His Majcfly's Couixil, to make Grants and \y6o. Anno Tncejmo S>narto Regis Georgii II. C a i>. VIII. " ■■' —_—____ . ' ^©3: and Conveyances of fuch Land; Co returned, which Grants and Conveyances ih.ll be good valid, nple, in the Lands foregiflred. any want of Form in the faid Re- giftry notwithflanding*. i^ x^c a.e void. ViJe E g. S:au 2 , fl"f/. I'^'j.'^ ^"""^ ^^ Inciuifuion raunicJ into Chancery, .ci3 by abcliihing the Court of lards and Livcri^s/VlJ S.' x'^'cv." T^:"" "'" ■^.&^£,..-, 31. 32. Preamble, 7/V( Vrifincr eha!- /i/irret ti/invr 20 Ju- nr.', Juch Crti'lini^e to ))f O'X'trruUii, ami the Jury fworn. C A P. IX. An ACT in A.mcndmcnt of an Aa, intitlcd An AB rdativ? to Trcafons and Felcnicsf. -p;:^:0:^iHE'Ri:LASf>y an Ac!, intilh'd hy\ A^: relating to Trcafons % ^^ '§ ^'^^ I' clonics, // is amougji other Matters cnadcd, '*Tbat if' any ^■i£^f& •' ^erjon f Pcrjhm imMitcd of a7iy Offence, pr ivhich they '*'" "arc cxchided from the Benefit cfC/crij, or cfi/jef:idAcI,J/:aI/cha/- '• Icnge pcremptor:k above Twenty cf the Jury, judaaent Jhall bepro- *' nouncedaud Execution aicarded agai);Jt Juch Verjcn or Perjons, as " ifj'jich Per/on or Pcrjons had been convicted of fuch Offence by Ferdict " or ConfeJJin:' And JVhercas it nvld be more airreubie to the c:m- mon Courfe cfyujiice, to alloiv theBeufitcfDefi.ee and Trial, Be it therefore Eriaded by His Excellency the Go'-cernor, Council, and Ajjembly, and bv the Authority cf the fame it is hereby Enabled, That in all Cafcy ;vl{crc any Prifoner flnill' challi-ngc peremptorily above Twenty of the jury, fuch Challenge fhill be overruled, and the Jurors llmll be Iworn for the Trial of fuch Trifoncr, as if no fuch Challenge had been peremptorily made *. • Co. P. C. loi. pa. 2:7, 2J«. 2. Half's Hirt. P. C. 270. niljudgcJ, on E»g. S,\it. 22. H, 8. f. 14. that C'lialicnsc above 20 Ihail be ovciiulcil. C A P. X. An ACT in AtUlition to and Amcndn\cnt of an Av.^, intitlcd An ASifcr the better and more cffdlual Ff- tahlipincnt of the Cluircli of England in this Pre- zince. 1^ Pxeainbic. F)«(>«("»S JIEREAS great Detrinien. and Inccnvenisnce >::,iy arfe to 3^ /F ^ the Min'-jlers of^'xwM Paul's Church in tb-e Toum cj 1 IM.w, r-^^J^aswellastheMinijlersofChurcheu 'which may be hercaj'to' »,^^M ^,ii^^i^i:jj,^,^^ ,.,///,y,, fi,;^ Province, for Plant offufficicnt Poxcer to file and recover from the Church Wardens, fuch Sum or Sums of Money, as they may have received from Time to 'lime, for the U/e cffnJ Minifters ; He it 'therefore Enacted by His Excellency the Uovernor, Council, and A/fmlly, and by the Aut'hority of the fimt it is hereby E- MimiKrs may fue ^^^^^^,^y That the faid MiiiKhTs flidl bo and arc hereby iinpuwercd dtS'ln;;';. to fuc for and recover from the faid Church Wardens, all fuch Snin» ccivcJb) ihem.&c .^j, j|,^.y ,„.,y ly.^yc received, or (ball nei;le:t to iuc for ^nd recover, for the life and iJcnclit ot faid Miiiilltrs. im.-m\ i* ■iiwm*^ ii^ -* 'wjwmi inniMW-nr rtuarto Regis C> e o r g n 1 1 . C /V p . X 1 1 . 1/^ « CAP. XI. An Ad for continuing an Ad intitlcd, ^?i Acl to pre- r.. o.A.r 1,, r:i. vent any private Trade or Comme^xeivith the Indians. ^•■'''J^''> '" '--"'^i! CAP. XII. ^/r ^CT for regulating the Common belongi'ig to the Townfliip Q^Ltmeiibur^. ^^^%, 77E7^£yf5 His Rxccllcticy the Governor has granted arJ jl't i //' I <'i '■'''* ^ T^>-'^^ of Lcmlilying in tkc Pcninfnhi (j/Xunen- ■^W- '1 ^'"''S' '''A'"^''' ^'^'' Common ./or //;t' Inkibitdnts of lliid Pr^-^'V x^c;^^.,-?*. 7c^^/z } ^«./ ^r/;<7Yvw it is nccdjliry, TluH fomc Regulations ' Jhould be made byjroper Perjhns, for the common Benefit of the fmi Inbd'U.ints from Time to Time, as their Situation and Ciirnin/lances may require. Be if therefore Ena^ed by His Excellency the Governor, CAincily and Jfembh and by the Authority of the 'fame it is hereby Enacted, That the Tuaiccs i'n their iiluarter Se/fion's, to be ne\t held in March for the Tiid Town and County, (IvM give it in Ch:ir"u to tlio CJrr.nd Jury then and there lumnioncd/to affix anil ritile ludnicgulations. as they may think ni..fl proper and convenient SS;„"to tobeobfervcd and followed by the Inhabitants of Lr/w^/^'rcr; to '"«i-c Kr.ula:um> continue for One Year, from Inch Selfion j and fuch Rcjr.dationi '■■'-" as (hall be approved of by the Juiliccs of iaid Sellion.s, (liall be and arc hereby decl.'.red to be the Hated Rules, to be kept, oblerved, and followed with Relation to the faid Common, by the aforcL'id Inhabitants, for and during the Space afortfaid. II. And be it further Enabled, That the faid [uAices flMll. i" the like Manner at their Annual Scllions, thereafter to be held in -i .j March proceed and -ive in Charge to the Grand lury in Manner A^^^^y'lnM^. atorchid, and letllc and approve of fuch Rules and JieVulations for ^'"'""• the f.;id Common, to ferve fur the Year then next cnfuin-, as to tlicm Hull appear moil proper and convenient. III. And be it af> further F.naSfed, That ihc Tud fuaicc-; /ball he, and i-'c hereby impowered to fettle, and appc^int fuili Pains ,I"fHr« w ippo'Rt find Pendties, to be inflicted upon the I'erfon or I'eribns uho '';""''«•••""• n.a'l neglect or refule to obey t!^ Rule, and Regulations fb* to be uZ!^ '"" ''*•" Ictt'cd at the faid Annual Seffions of the Peace, au to them (hall iJppcar to be julb and equitablv*. Kt the (,'r;inr,,oii, t"r Oiif Veil, to !if ;!p|in)vtJ by (hcjuitiwci, ]V. Pr^v'ded, That fudi Tilns or Penalties to be infliilkd, (hall not exceed the Sum of Forty Shillings each, ^''■'' *" ***"^J iot* MMtoakdM* vnkoaxu.- , l —Wiin UMM tM Dd CAP. xiir. X'.l-. .•:.':') 1 /■'■(•,' /■v '9 r< rr II. Ca". XTH. I7^c. CAP. XUL \'A A C T for Iniikiinc: r. p'^'''^''-^'^ Siauo-hic?- Juufc \\\ tlic 'I'own VA Iia!ifa.\, and lor rc^v.hitiug tlx .O.mc. : n-'REy^S tbr Lli^nr rf CV;//v, ^Tr/AV, ^::r! ^lr:'/>. ivULin r.r?.ni'.)Io. A !;!.ui;-V.Tr [I.MiO; 1" l>'.'lviilt lor tl.c I (I' of" I'lri'^ijs kil- 'ir.r Cittlc r.ir S.ilc .M I lie rulijic Mar- ket. T;o r.itt'.' 5.C. to I <■ killcil, CMC'i t M I'lt.ii Slaiii'liliT II.) ill', (111 rcniilty <'t 2.1 J. fur each L'lall, T ST the ufc of the I' 001. Not to pvtcm! to I'livatc M.iiigli'tr I louli's silriMtly built 4'oii the Wa- ter. 3 /r Vi. i'/v ^^.^£. bdn^ thro-sn wta the Stnw'j ; He il thcrcjvrc l\na.'- fcdh n.'s Excellency tbe Gove/yjr, Coui:c:l, ar.d uljjem'dy, rrJ ly ibi vhiilcrhy cf tbe lln'r.c it is bere/y L!:,:^e.f, 'I'liat ihtrc fliill he tTCc- H\\ :\m\ built ;i iil:\ui;htcr Iloiiic upon tlic IJcnch, fct apart lor that I'lupofe by bis ExcelU-ney ; whicli lloull-, wU'n built, (hall be for tb.c public Ufc of dll'copk', who n-.ay have Cattle to kill for intlc at the public Mnrkct only ; ■^r.d Mis B;:cillcucy the Governor or Comnvant'cr in Chief for the Time being, is hereby impowcrcd to ciuifc the faid Slaughter Iioufe to be built, r.nd of fuch Dinien- fions r>s to him (hall appe.-.r to be of fuliicient Extent, Ufefulnefs, and Convcniency for the Purpoles aforcfaM. II. Jjidbe it fur'ber Enacted, That as foon us the fald Slaugi.tcf iloufe is finidied. which (liill b? made public, no Cattle, Swine, or Sheep of any Kind, (hall be killed within the Town and Su- burbs of Hiilifhs for public Sale, excepting at the fiid Slau-hter Ilou(e: And all I'erlbns adling contrary hereunto, lliall forfeit and pnv a Si'.m not exteedinj; Twenty Shillings for cvcry^ Ik-aA fo killeii.'to bclcvitxi by anyOne ofHisMajeny's [uliices of thelVace, upon View of the (amc, or recovered by the Oath of One creiiibk* Wilnels before any One of IIi.> Majefly's Juilkcb of the Peace for the laid Tov/n, for the Ufe of the Poor. III. Provided, That nothing herein contained Hudl dcliar any Perlhn or Pcrfon% who have private Slaughter Iloufes lltuated up- on the Water on any Wharf in the Harbour, from u^wv^ their laii! Slaughter Iloufes, if upon Return maelc by the Keeper .i the Mirket Ilonfe, it appears at the next C^ulci Scllions to be iiu)l- Icnfivc to the ruMic. IV. Jndhc it aJfo fitrtkr T '/led, That the Keeper of the ATarlcot Iioufe (hall have" tlic Care of the faid Slaughter lloule, and (IkiII KorrfroftheMar- vilit the lame at leall tluicc a Week { and (hall caufe the Perlow^ Iho v'l^H'l^'" ^^■ho make tile thereof to kccpit clean and fwect, and to deprive fuel. .sliuiiiucrilouie. Pcrfons, who lludl rcfufe Co to do, of the Ulc thereof untd thcr comply therein ; -.uid lliall alfo be impowcrcd to fuc n. y IVrfoii t^r Perfon's, from whom the l^uilding may Ivave fuHVred Damarv. who Ihdl be obliged to make fuf.kicnt Repairs of fuch Dajr.agc ti» his Satisfadion. mar -ax •j^am.tfrt-vrM.i a« At .;;■»• I ■/()!. yinno Pn'mo Regis G r, n r c 1 1 III. C .a p . I . At the General Assembly of ihc Pi evince of A'^ova Scot/a, begun and holdcn r.t 7/^?- /ifaxy on the Fir/l Day of yufy, ylnno Dc- mini 1761, and in the Firll: Year of the Rcien of Our Sovereign Lord G EO R G E the Third, 01 Great Britain^ France^ and IrcJanch^ KING, Defender of the Faith, &c. being the Firft Seflion of the Third General Assembly convened in the Iciid Province. K7. f/r.*. C A P. L An A C T for the better Ohfervation and keeping of the Lord's Day, !^!*53S;)?( E it Enacted by the Honorable the Commander ii: Chiefs fr, $§ the Council, ind yljjemhly, in order that all Pcrfons may, ^ ori \.\\c Lords Day, npply thcmfelvcs to Duties of Rfljgiop EK^Sfai,2r).c /\1©C©r (tii an/tui'-us Children, fell, expnfe or offer toSalc, upon any Bulk, Stall, orShed, "" '''*-' ^•^•'^''' ^■'f' or fend or tarry out, any Manner of Goods or Merchandize, on the Lord's Day or any Part thereof. Provided never the/efs, that this Ai\ Ih.dl not extend to prohibit any Perfons from felling or expofing to Sale, Milk and Frelh Fidi fa), before the Hour of Nine of the Clock in the Morning, and after Five of the Clock in the After- noon on the faid Day. Mill; rna ftdh J-'jOi II. y!nd he it further Enailed, That no Pcrfon whatfocvcr for the future, llv.dl do orexercifc any Labour, Work or IJunncfs of ,£ J jj,"!!; Touf-a his or their ordinary Callings, or other worldly Labour, or fulfer J>'.»'' the func to be done, by his or their Servant or Servants, C^hild or Children, cither by Land or by Watcr/^/»/ (Works of Ncceflity and f«) By Fng. .?M/. 19. C«r, a. t. 7. Sta. j. lixo.Uix. Will, j. t. 14. Sta. 14. Milk nnd Miickiiri'l nllowcd tJ l>e f^^'il on Sundayi, before or afier Pivinc Scrviic. (h) 11/ Fni(. S1.1t 3. Ctr. I. r. a. Cttrrieri or Drover* sr.- ftprcfiv proliiliitcJ from tra- Vellinj;, timl ButchiTH (Vim killlii;^ or fellinrj M«at on tlir I.^rii'i Day. TliJ pcncal Prohibition liy thii (Jltiufc of the Prov. Ail li-umi to cniuprchend t!ic lliil. TMi atiVVTy C.jlUng ivhit hy L.ini of Wafer, but W.r' I, Sir,i, joi, Hf.r vHJut Bi^iltriti, Charity i: 0. P. rin:o Ki Ci:;c RC n III. C 1 ' I , II! i I - >l ■ •i CharUy fi:i1v excepted) or uic or iufior t G: .5.W. !.C..T. J. 11 pen PI I or Pdl inic. on the ./. 'y;.'- X d i-.ny Sport, Di'v or nnv Piii't thereof; o i:. ule Pain, lh;U every Perlbn or VaU us l"o otrcnding in any of the i. 1. th C.,r. z.c. y. iV.7. 3. T.-.vi-rn Keepers, .•vc. to forfeit 103. i r every rcTlbn foutiil (Irlnk'ii^ in their llouffs oil tJ.e Lora'3 Day. Particulars beforcmentioncd, upon Conv!..t;()n thcrect upon tne Oath of One credible WiMiels, before nnv One of His.M.ijefty's lufticcs of th'j Peace of this Province, or upon View ci any jiif- ticc of the I'eacc, for every fuch Offence Ihall forfeit, and pay the Sum of Ten Shillings. III. Jlmi be it further EnrJh'd, That no Tavern Keeper, Retai- ler of Spiriturus Liquors, Vintner, or other Perfon keeping a public iloufe of Entertainment within this Province, ir.ali for the future on any Pretence whatfotvcr, entertain or lufKr any of the Inhabitants or Town Dwellers of ILifJ/ax, or any of the Towns rc- fpeftively where fuch Tavern Keeper.^, iietailers of Spirituous Liquors, Vintners, or other Perfons keeping public Houfe^ of Entertainment, refpedively dwell, or others not being Strangers or Lodgers in fuch Houfes, or fuch as come thither for neccfiary Dieting and Vidualling only, to abide or remain in their Dwelling Iloufes, Out Houfes, or Yards, drinking or idly fpcnding their Time on the Lord's Day ; but ihall keep their Doers fluit durin^q; the Time of Divine Service, on Penalty of forfeiting and paying the Sum of Ten Shillings, for every Perfon and Perfons rcfpedbive- ly fo found drinking or abiding in fuch public Monies or De- pendencies thereof as aforcfaid : and every fuch Perfon or Perfons, who Hiall be found fo drinking or abiding in any fuch public Iloufe or Dependencies thereof as aforcfaid, fhall refpcvllively for- feit iind pay the Sum of Five Shillings. .» IV. ArJh it further Enabled, That the Churcli Wanicns * and the Condables, or any One «)r more of them, ihall once in the Forenoon, and once in the Afternoon, in the Time of Divine Service, walk through theTown to obfervcandfupprcfs allDiforders, and apprehend allOffenelcrs whatfocver contrary to the true Intent and Meaning of this At^l : And they arc hereby authori/cJ aiiu ini- powcrcd to enter into any public Houfc of I'^ntcrtainir.ent, to fearch for any fuch Oflendcrs, and in Cafe they arc denied. En- trance, they arc hereby impowcrcd to bred: open, or canfo to bo broke open, any of the Doors of the faid Iloufe, and enter there- in ; and all Perfons whatfocver are flriiJtly required and eomman- dedto be aiding and aiiiding to any Conflablcs or other Ollicers in their Execution of this At'l, on the Penalty of Ten Shillirfgs Cur- rent Money for every Neglcdt. V. And he it further EiuiSJcd, That if nny rerfon or Tcrfoiis I'cnnUy for not at- ^vhatfocv■Jr, being of the Age of Twelve Years or upwards, bcinfj ;kfon« h'thr^ ^bfc of Hodv, and not othcrwifoneceniirily nrcvcntcd by real Sick- nef., or ot!ier unavoidable Ncccflily, (lull for (he Spue of Three Months together, abfcnt lumfclf or hcrfcif frcin the pu- Ui( Perfons ilrinkiiuj, Ac. therein Ibrtcit * Cii<. 90. Churchw.-.rdens, Ac. to walk throiii'ji the 'I'nwn iu'l'itni; (it Divihc Sfrvicc, to fujiprcfs Diforiierrs. 1 tend /ice (incu ill (h Munthi. or other 1761. Jlnno Prim Regis Geokgii III. C a p. I. IC9. bllck WorHiip on the Lord's Day, fliall be fuhjed to a Fin- ftluic is to Jay) for every Plead of :i Family Ten Shilling-., and for every Ciuld or Serv^uit Five Shillings, to be recovered, upon Com- phunt, before any One of His Majefty's Juftices of the Peace who is hereby iinpowered to caufe the fame to be levied U). "" ' VI. All Ftncs and Penalties incurred by tliis /Vd are to be to the Ufeof the Poor of the Town where fuch Offence is comn.it ted ; and the Juftice and Jullices before whom any Perfon or Per fons fliall be convided of offending againft this Aft, are re ouired to make a Record thereof, in a Book to be kept bv hiiii or them. -' VII Pro-Adcd, That no Perfon fliall be profccuted for any Of- fence beforementioned. unlels they be profecuted for the fume w"' within Ten Days after the Offence committed. Filler tr b? to (he Uic ol' iJij I'ucr. lonm ttn Pcr.n't!c5 to k vied by War;;mt ot'Dif. ticCs tVi-m any Juf. tiuc, yill. AndhcitficrthcrEnaacdy That every Juftice of the P-ace aiali have iiill Power and Authority, either upon his own Viev or other legal Convidion of any Offender or Offenders againfl this i\a or any Part thereof, to levy the Penalties herein before reV peaively mentioned in Cafe the fame fhall not. upon fuch Con- v.chon be paid by the Offender or Offenders, by Diftrefs and Sale of the Offender or Offenders Goods and Chattels with Coffs • and • t> , ;nDe£.ult of Diffrc^ to commit ff.ch Offender or oS^^'o iS^t^lt the common Gaol of the County, there to remain in clofe Con- '° ^c conumttcd finement for a Time not exceeding Forty eight Hours, nor lefs than Twenty I' our Hours. - , !h ^"i!" '"^"■''''" ^-"f"'' '^'"' ""^ ^^ "'»» •>= publlcklv ■lir, I.r.! '"-^I^^J"''.-- ^.' '^■= oP-ing of e/cry cj, '. .4'n,^.^ I Q n- ii-'r^ ."•"'• "^ "'^"F^""iijg or every (;!7//r/ -^^^ t" be read fou» of Uencral Srjions oj the Peace, immediately after the Grind In,-,, ''"'"'^"Vcu, atti,,? arclworn: And alfo twirp*»vf.r,r v«.,.. ^.:.i <-»_ ,^ i J / Stiiions, ord twic« very i car, V!z. m the opening ot every _ . he Peace, immediately after the Grand lury c « nrelworn: And alio twice every Year, viz. On every Firft S w ^ cSh day of Deeember. and on every Firft Sunday in June, in all pu c Service * ^^^ "'^'^'" ''^' ^'--"-' immediately after llivine 1. n',11. y M.,r. ..^8. S..7. i6, vLL > Burn- PVr I i^ allo«^Td by ti.e Tolcr.i.ion A(t .ion of Scft. «. and ,6. of .^r^r^AS;.;. ^^ 6 t\o; 1 ••^°'- "''''. '"' ^•*'""- «.tiibC. Cod. Jur. Eccl. 5a I. '9°* """on verfuj SundJlh. R CAP. II \ 10. yIi;no P'r^/no Regis GroiKQ-Ai I)!. Cap. III. r76j. C A P. II. Preamble. Minors, &c. may recover Lands within five Yeats, after Impediment removedf An AC T in Amendment of an Ad, intitlcd Aft ASl direBifig the Proceedings agamjl fofciblc Entry or Detainer. '^W^n HEREAS in the A£l intitlcd An Ad diredling the Pro- ^^^ceedings againft forcible Entry or Detainer, no Pro- Sw^O -vi/ion is made for fecuring and maintaining the Inheritance and ^fKf^SK q-iijgfjj-j^inors, Femes Covert, Perfons Non Compos Mentis, imprifonedy or Jbfentees, Be it therefore Enacted by the Honorable the Commander in Chief, Council, andAfembly, That notliing in the fai4 Adlfhall extend or beconftrued to extend to bar the Right of any Minor, Feme Covert, or Perfon Non Compos Mentis, imprifoned, or abfent from the Province, but they (hall be intitlcd to lue for, and recover any Lands or Tenements within the Province aforefaid, to whic h they are intitled^ within Five Years after fuch Impedi- ment {liall be removed, any Thing in the faid Ad to the contrary in any wife notwithilanding. preanibliit CAP. III. An ACT in further Amendment of an A^fl:, intltled yfn AB for conjirmirig Titles to Lands and quieting Pojfejfions* »X®>j IIEREAS theTime allowed, by the A£t intitlcd An Aft forcon- K JV^ firmingTitles to Lands and quieting Polleflions, toFemcsCo- §>:)S'5k! wr/, Pe-ryo/^jNon Compos Mentis, imprifoned, or in Captivity, to'fuc for Recovery of any Lands or Tenements ivithin the faid Province, to which they are intitlcd, has been deemed infujficient, nor is there in the faid ASl any Provifion made for the Relief of Minors or Perfons out of Minors &c may the Province j Be it therefore EnatUdby the Honor able the^ Commander fuc within five years in Chief , CouncU aud Affhnbly, That nolhmg m jhc (aid Aft, ntir after impedimeut Thing therein contained, fliall extend or be conllrucd to ex- Tcmovcd. J^/^^ to bar the Title of any Minor, Feme Covert, or Peifon Non Combos Mentis, imprifoned, or abfent from the Province, but they fliftll be intitlcd to fuc for and lecovcr any Lands or Tcne- ments within the Province aforefaid, to which they are intitlcd, within Five Years after fnch Impediment lliall be removed, any Thing in the laid Aft to the contrary in any wife notwith- (landing. I'idtafurthtr AMUtioHltthit A ^^-^ Honorahk the Command.r in Chief, Council and y1J]embly, That in every TowiiHiip with- in tins Province, where no Parifh llialJ he eftaWidied, the PToprie- tors Clerks, who are lierehy appointed Regiflers of MarriLeo Birtns and Deaths, in their refpedtive Townflilps, and who a-'e herehy jmpowered and required to take an Account of all Perfons that Hiall be married, or that flia|I be born or fliall die within each TownHiip refpedively, and fairly to regifter in a Book their Barnes and Sirnames, as alfo the Names and Sirnames of their Parents, with the Time of their being married, or of their Birth and Death ; and the Regifter fliall demand a^d receive the Fee of Six Pence, and no more, for each and every Regiftry by him fo entered, to be paid by the Perfons who fliall be married, and bv the Parents or other neareft of Kin to, or concerned with the Party born or dying. And if any fliall refufc or negleft to give Notice to the laid Regifler, of the Marriage by the Perfons themfclves,' or of tlie Birth or Death of any Perfon that they are fo related to or concerned for, or to pay for Regiftring as aforcfaid, within the bpace of Thirty Days next after fuch Marriage. Birth or Death • every Perfon fo refufing or negleding, and being (upon the Com- jphmt of any Regifler) thereof convi<5led before One of His Ma- jeftys Juaicesofthe Peace within the fame County, fliall forfeit and pay unto fuch Rcgifter. the Sum of Five ShiUings -, to be le vied by Diflrefs and Sale of the Offender's Goods, by Wa-rant from inch Juftice, if Payment be not made within Four Divs next alter Conviftlon as aforcfaid. And every fuch Rc^rifter flidl give forth from the Rcgiflry a fair Certificate under Im Hand of I ci-lons married, born, or dying in the Townfliip, to any who (hall dcfirc tlic lame ; and hr fliall receive One Shilling aiul no more for every Certificate fo given. ' Prjarabltf. Proprittnr'i Clerk, in every 'J'tnvmli.p where no I'wiih i:, cltaljlifhcil, to Rf- gifteiMairiages,&c. f Fee Six Pence< Penalty js. on Per- fonsnot j^ivitig N'm ticc of Marriages, Ac. or refilling 10 pay tiieUcrit'aFce* A Certificate to be five 11 by tlieCleik, wJien icijuiieJ. II. And b fli.iU be viiicc. Ind be It alfo further EnaSled, That the Regiftry fo kcnt » • , fulKcient Evidence in any Court of Record within this Pro-' £f ^ " ^' CAP. V, !!2. ^nrio Prii;:o Rm's GuoKcii \\]. Cap. V 1761. Preamble. Gr.irn! Jury, at March Scflions, to make Regulations, vvitii the Approba- tion of t!ic jullices, for preventing burning the Woods, CAP. V. An ACT for preventing Damages by unfcafonable burning, or Firing of the Woods. M>^^'>^ HERE AS fctting on Fire the Woo. s arJUndcr^riipy in ibe ^Wt^ dry Seafon of tht Tear, by fprcading, has done much Da;nag? ^^wE in the burning Houfes, Fences y Hay, &c. JrJ IVhaeas in '^^^'^ theprefent Situation of the ne-o Settlements, it >nay ber.ecrjjary thatfuch Regulations JJ^oidd he made, as 'will he moji convenier.t^ ami ufefulfor clearing the Lands ivith the leajl Rijkr ^^ it therefore Enac- ted by the Honorable the Commander in Chief y Co::ncil, and JJjhnhlyy That the Juftices in the feveral Counties within this Province, in their garter Sefjions ta be next held in March for the iliid Coun- ties, fhall give it in Charge to the Grand Juries, then and there funimoned, to affix and fettle fuch Regulations within their re- fpedlive Counties, as they may judge moft proper and convenient, to be obferved and followed by the fcvcrul Inhabitants within the faid Counties, for preventing Damage by Tetting Fire to, and bur- ning the Woods, Underbrulh, or Marlh Lands at unfcafonable Times, with as little Prejudice as pof!-.blc to the clearing of Lands in the New Settlements. And fuch Rules and Regulations as fhall be approved of by the Juflices of the fiid Seflions, fliall be, and- are hereby declared to be the flated Rules to be kept, obferved, and followed by the Inhabitants of the faid feveral Counties, for and during the Space of Twelve xMonths thereafter. II. And be it further Enabled, That the faid Juftices fliall in like Manner at their Annual Seffions, thereafter to be held in Atarcb, proceed and give in Charge to the feveral Grand Juries in Manner aforcfaid, and fettle and approve of fucn Rules and Regulations for the Purpofes aforefaid, to ferve for the Year then next enfuing, as to them flvall appear mofl proper and convenient. III. Jndbeitalfo Enabled, Thit the faid feveral Juftices in their <^udrtcr SeJJions as aforefaid, fliall be and are hereby impowercd, to fettle and appoint fuch Pains and Penalties to be infliaed upon the Perfon or Perfons, who fliall negledl or rcfufc to obey the Rules and Regulations fo to be fettled at the faid Annual SeJ/ions of the Peace, as to them fhall appear to be juft and equitable. IV Provided, That fuch pecuniary Penalties to be infliactl. Not to exceed /j. ^^^^ '^^^ ^^^^^^ ^j^^ g^^^^ ^f pj^,^ ^'o^^^^s ; and that the Profccu- Prorecution in three ^^^^ for any Offence againft this Aa, be commenced and profecu- '''"""' ted within the Space ofThree Months after the OiTencc committed. to be in force for Twelve Months. The fame to be dene Annually. Tcn.iltic!i to be fettled by the Juf- tices. Months, An faid V til is 1' fuch ^' CAP. vr 1761. 47 6 r . Anno Primo Regis Geor c n III. Cap. VI. x^'j. fonable "b, in the ' Dama^ 'bcfL'iJs in ? r.ccr[Jary nient ami Tt' E/2ac~ Jffndly, vjnce, in id Coiin- jnd there their re- ivenient, ithin the and bur- :afonable of Lands IS as (hall be, and- •ved, and for and fiiall in n starch. Manner itions for fuing, as s in their cowered, ted upon ;he Rules ns of thi infl lifted, Profccu- . profecu- inmittcd. CAP. Vf Rrii'-rsofVcflcls tlirecfc.! iiou' to tondua thtipicJvca on their Arrival iu CAP. VL An A C T to prevent tha fpreading of" contagious Diftempers. '^^l^^-J^'^naBedh the tlonorable the Commafider in Chief, th^ J, B """ ^^^M t^gious P'ftcmpcr, flvall anchor at leaft Two Miles below the I.?": ^',7?! ' •ro^^no{ Hah ax to^Vards thd Sea, and on her anchoring (hall hoifl havL^iSS'!';:; an iiniign with the Union downwards at the JVIain Top MaflHe-^d • ^'""''' '"'"'■'"''^' ^^'''i and the Mafler thereof (hall not permit any. of theMariners^c;- K,:^""^ Paiicngers belonging to or coming in fnch Vcffcl, to land: And t!ie laid Mailer lliau be obliged, within Twenty Four Hours af- ter his Arrival, to give Notice thereof to the Governor, Lieute- nant Governor, or Commander in Chief for the Time bein'^ of the State, Condition, and Number of the SIcIc Perfons on borrd ins \ e/Tel, and fliall conform himfclf to fuch Orders and Diredi- ons as he Hiall receive from the Governor, Lieutenant Governor or Commander in Chief, both for the performing Qiiarentinc for the Airing and Clcanfing the PalTengers, VefTel, and Good^ on board, and for removing the infedcd and Sick Perfons out of the laid Veil el. c ^\ ^""^^^^ ^; Mther EnaSled, That before any filch fick orin- ar.' to^;... tV J:nd may nuke out a Warrant dirc^.d to the Cunihble'of : Ft' any i u ylnfzo Primo Regis Gf.orgii III. Cap. Vil. 1761. any fuch Town, who circ accordingly impovvcred and required to execute tlie fame J and fach Juftice or Juftices arc forthwith to trnnfrr.it the Intelligcrce thereof, to the Gcvemor, Lieutenant Governor, or Commander in Chief, for their Diredlion and Order thereon. • 32 Gee. i. e. 17. Pieamble, Ca/>. 17. CaufcJ of Divorce. CAP. VII. An ACT for the Amendment of an AS: intitled, y^/i y^& concerning Marriages and Divorce^ and for pu- nijhing Incejl and Adultery ^ and declaring Polygamy to be Felony *. '^^Sl^y^ HRttEAS l)y a Claufe in an ASt made ^nd taffed in the W ^ T^hirty Second Tear of His late Majc/ly's Keign, tntit/ed An M Adt concerning Marriages and Divorce, and for punilh- >3^!^^^ ing Inceft and Adultery, and declaring Polygamy to be Felony *, it is EnaSied, " That no Marriage jhall be declared null " and "coid, except for the Caufe of Impotence, or of Kindred ivithin the Degrees prohibited in an Atl made in the T^hirty Second Tear of King Henry the Eighth intitkd. An Act concerning Pre- contracts, and touching Degrees of Confanguinity ; and that no De- cree for Divorce Jhall be granted for any other than the tivo foregoing and the two folloiving Caufe s, liz. That of Adultery, and that of wilful Defertion and witholding neceffary Maintenance for Three Tears together ; in any of which Cafes every Pcrfon filing for a Di- vorce, p:aJl be intitkd to a Decree for tUit Purpofe, to be obtained " from the Governor, or Commander in Chief for the Time being, and " HisMajeJly sCouncil, who JImll have fullPower and Authority to gratit " the fame." JVhich Claufe has been found to be inctnjijlent with the Lawso/Englandf, Be it therefore Enacted by the Honorable the Com- mander in Chief, the C. tncil and Affembly, That the Caufes for which Marriages fliallbe declared null and void, fhallbe in allCaufes of Im- potence, of Precontrad: and Kindred within the Degrees prohibi- ted in an Adl made in the Thirty Second Year of King Hknr y the Eighth, intitled, An Act concerning Precontracts, and touching De- grees of Confanguinity, of Adultery, and of Cruelty, and fornonc other Caufes whatfoever. + By the Laws of England, the Caufes of Divorce, Jiflb!.•;. :.ir to f-e ruiiinioi.cJ to Couit, nC. ylnno Fihr.o Regu Gf.orgii III. Cap. VIiI. ^:(> f^nc>iU, fcr. in .A;jriil'silfln.1.' uh- jei.t til Execution. ■ Plaktifl" to fi.'i', where no l',f Jc''.is ir. iiiryolcd /.;^eut"j iiands. PI -.c: of his laft and ufual Abode, FourU-cn Days before tli? Sit* tin^^if t!ic Court; and fiich Attorney, Fadlor, Agent, cr Trullee, 'uDon his Defire, ihall be ud:r.ittcd to defend the Suit on behalf of his Piineipal throughout the Courfc of the Law, and dn Impar- h'.nce Ihall be granted of Courfe at two Terms fucccfilvcly^, that l;e tnav have ;:n Opportunity to notify hh Principal thereof; and ?'t the'third Term, without fpecial Matter alletiged and allowed in Ear,'^Abatement, or farther Continuance, the Caufe fliall peremp- torily come to Trial ; and if Judgment be rendered for the Plain - tifT, 'al: the Goods, EfFeds or Credits of fuch abfent or abfconding Perfon, in the Hands of fuch Attorney, Fiiaor, Agent or Truf. tee, which were in his Iiands at the Time of his being ferved with the* Summons and Declaration aforefaid, to theValue of fuch Jndg- ' ment, (if fo much there be) ihall be liable and fubjeftcdto the Execution granted upon fuch Judgment, for or towards fatisfying the f-ime ; and from the Time of ferving the Summons as aforelixid, ihall' be liable and fecured in the Law, in lus Mands to anfwer the fame, and may not be othcrwifc difpoied of cr converted. III. ProiudednevertbM, and be k 'Endued, That if upon Sum- :.cN.^n mons'being ferved as aforefaid, the Ihppoled Attorney, Faftor, A- ' " o-ent, cr fruftee, fiiall come into Court at the Firfl Term, and declare that he had not in his Hands, at the Time of the Service of fuch Summons, any Goods, Effe«s. or Credits whatfoever of the abfent or abfcondingPcrfon,and fiiall iubmit toanExaminationupon Oath refpecting the fame; and if, upon fuch Examination, it {hall appear to the Satisfaction of the Juftices of the Court, that he had not any Goods, Effedts, or Credits whatfoever of the abfent or ab- fcondin^ Perfon, in his Hands at the Time of his being fnmmoned as aforefaid, then in every fuch Cafe, the Plaintiff fhall become Nonfuit, and fhall pay to him v/ho was fummoncd as Attorney, Faftor, Agent, or Truftee, his reafonablc Cofts, to be taxed m common Form by the Juftices of the Court. IV. And be it further EnaSled, That if any Attorney, Fador, A- gent, "or Truftee, being ferved with Summons and Declaration as aforefaid, (liall not appear at the firfl Term, and then either ac- knowledge himfelf to have had in his Hands fome Goods, Z^ltQ.?, • or Credits of the abfent or abfconding Perfon at the Time of thj Service aforefiiid; and thereupon pray that he may be admitted to defend the Adlion, or oth^rwife fubmit himfelf to an Exammation upon Oath as aforefaid, he (hall be liable to pay to the Plair.tiif all fuch Cofls as (liall arife upon his Suit,, to be taxed h'j the Juflices of the Court before which the Action fliall be brought. V y^;7rf'^-?>/}/r//6d'r£w^<^frf', That in Cafe any Attorney, Fac- ieSt:'.;:'* tor. Agent, or truftee, from and alter the Time of^is bemg fer- .\uun'f proper ved w'th Summons andDeclaration as alorefaid againftlus 1 rincipa), Ua.cS .vc. iri:e .^^^. ^^^ .^^^j..-^ yj. abfconding Perfon) fliall transfer, remit, dl!- SS'ifhLSi.- p.f^^^ or convert any of the Gc-'s, Eiftcts, or Credits of fuch dimi. ' abknt find to pay Ccih. A{»cnt^, &c. not iippciirirT, liable to pay Colts. 170 I. abfent 1 Service ment, Court) Goods, in his f faft.'on I Time o fame of and a V ferved i] (if any 1 Tince, 01 tices of Effefts ( Hands, agai^ift 1 be awan Vf. 1 pear tha as afore f mens, a Perfon, 1 verted tl: faid ; bu be taken the abfei who cor Agent, c I'orm by as aforefa VII. J Credits, ( by Procef ney, FaiTl fully acqu or Trufte agiinfl all vvhatfoeve by Lis Prii f.Mne ; anc niolc'h-'d, him. done i ^nd give tl' live Slt- Trullec, belialf of ii Irnpar- c\y, that crA; and ilcwed in perernp- hc Plaiii- ifconding or Trul- ved \vith ich Judg- ed to the fatisfying iforefixid, ihver the on Sum- aftor, A- ;rm, and s Service ^er of the tlon upon n, it {hall lat he had :nt or ab- immoned I become 'Attorney, taxed ia ador. A- antion as ;ither ac- 5, Efft(ft?, :ne of thii Imitted to nninatlon laintiifail le Juflices ■ney, Fac- hcing Icr- Principal, emit, dif- ts of fiich abfi-nt 1761. Anno Primo Regis Georgii III. Cap. VIII. ii> abfent orabfconding Perfon, in his Hands at the 'J^iinc of fuch Service, fo that there fnall not be futiicicnt to fitisfy the [udn-- ment, (the Debt being afterwards afcertained by Jiidgir.ent of Court) or^that fliall not difccvcr, expofe, and fubieft \ht Goods, EfTedtj, or Credits, of fuch abfent or abfcondinp- Perron in his Hands, to be taken in Execution for or towards the Sat-'f. faftion of the judgment, fo far as wliat were in his Hands lU the Time of faid Service, will extend, lliall be liable to fatisfy the fame of his own proper Goods and E{tatc, and as of his own Debt • and a Writ oi Scire facias may be talcen out of the fame Co'irt ami ferved upon him as the Law dircdls, to appear and lliew Caufe (if any he have) to the contrary, where upon Default of Appear- Agent to ciifcnv-cr, Tince, or Refufal to difclofe upon his Oath, (which Oath the Tuf- "P"" *^^'"'''' ''"' tices of fuch Court are impowered to adminifter) what Goods Sd',;;! 'on* '"''' Eftefts or Credits of the abfent or abfconding Perfon, are in his f'^i!«'-'--J"')!fmcnt Hands, and to what Value ; th'-n Judgment fliull be entered up a-,nir""''"fr aga;:iahim of his own proper Goods and Eflate, and Execution ^'^'"Vper Lbt'e, be awarded "ordingly. &c. Vf. Provided ncverthckfs, and he it EnaSted, That If it fhall art- pear thatt' Attorney, Faftor, Agent, or TruAee. fo fummoned SS^^Sl as aforefaid, and having m his Hands at the Time of fuch Sum- "'"'" ''■''"verinp mon?, any Goods, Effeds, or Credits of the abfent or abfconding h^vSS^^'-d Perfon, hath not any ways remitted, difpofed of, or any ways con- '""''jcfting them to verted the lame after the Sum.mons being ferved on him as afore- '^'"^^' '''* J"'^«' faid; but 'bathe hath difcovcred, cxpofed, and fubieded them to ""'"'' be taken in Execution, to fatisfy the Judgment recovered a"-ainfl the abfent or abfconding Perfon as aforefaid ; then the Party who commenced the Sivt Ihall pay fuch Attorney, Faftor Agent, or Truftce, his reafonable Colls, to be taxed in common I'orm by the Juftices of the Court from which the Scire facias iiXn^d as aforefaid. VII. And be it further EnaBed, That the Goods, Efi'eas or a Credits, of any abfent or abfconding Perfon, fo taken as aforefaid .if. Acl only to t.ikc plncr, till'llis M.ijclly's JMcalure be known. C(iiifirm:d hy His Mdjcjlj in Coundl. VIII. Pi-ovidcdncvcfthch'fs, ami be it further Eiui^cd, That any abfent or abfcondingPerfcn, agninft whom Jiid|rmcnt(liall he recc- vcrcd as aforcdud, nvall be intitled to a Rehearing ol Inch Caufe at any Tim;- wilhlaThree Years afterfuch judgment; and the Plaintiff in luch Adion, before any Execution (ball iliac on fuch Judgment, fiiall <'lve luiiicient Secur'ity to the Satisfiftion of the Court, tor the lU-pa-'mcntof all fuch Monies as may be levied by Virtue of fuch Execution, in cafe the faid Judgment lliould be reverfed on fuch Rehearing as aforefaid. IX Provided ahj(p;sy That fo much of this MY only as rc- \\ic^ to the commencing of the Adion, and attaching the Goods, (iiaU be of Force, till his Majcfty's further Pleafure be known therein. **. Two {iauj:;r Ix' appointe Halifax. CAP. IX. An Aft for the Appointment of Sivorrt Gaugers, afccr- taining their Duty, granting them an Allowance, and eftablifhingtheir Fees. ^¥XK E it Emt^cd hy the Tlonourahlc the Commander in Chief, the 'i( nk Council, and J[Jmbly, That it IIkiU and may be lawful for ^ T! ^ His Excellency the Governor, Lieutenant CJovernor, or Wt^^yi Commander in Chief for the Time being, to appoint two Gaucers for the Port of llaiii::x, who (hall be fvvorn to the faith- ful Difcharce of their Duty, and who arc hereby authorized to ,r iu; ^,/ c/^iou to cm Aa wtitlccU An AB for prcvcntir.. f ^^^ // £ ;? /5; ^ 5 /,/ and by an ylFl made and pafjed in the ^,d . I ir I }far of His late Maj^lys Reign, intitled An Ad if '''^'""•• ■ ^ I '^V\ '" '^ ^'^ '"^'^'''' ^" ^^^ fo"- preventing rVd-: , „ , .;.-■'.' '"P°''^'''>'<'d and are hereby (tireNeil fr> " "i^'lic Regulations or preventing rrethaires /;v //«,•/'.. '2 ' t^ ;; (^tsanANeatC^Jle In Jine^^^J^^^^^ CnrmiJhnces ojjnch County, ,v Townjhips therirUut n Penai fv IS therein mentioned to be inl/iJfed on fiieh at thn// f^„.r V ' i ''•'fl'""» tmnf- Rr.u/at:ons wade as aforefaid ^ Be it there^e Jr i fiPt'f'"^ '''"'"' '!'•«"'"• fi .t ^, I '. ■.'"'"» ^•'« " n-'irifori rJiiictea f>v thr H/imn 'I'ni't made ;it ......... fl^' the Ccrnnunider in Chief the Council and ,llf;,lJ %Z "'v " '"'- "'' '" ' id by ihc I ^''-f'n tranrgrellmg fuch Regulations fo made bv th. nV ^ " 1 ..u- no, ox. I - t c Senions as aforcfud. f- the prevent!"; c^ tU 2^ ^"""^^^" orelaK. l.all be (ubjea to p Fine' not cvc.eding !■ > tv Slil liigs, to be recovered, on Complaint or Informuinn K 7 iajLn\ „ juutv- , ot tliw 1 s.Uc rof tfifc Luuiity wherein the 120. y:!Ki:o Pr:/;!o Regis Cv.oKGii III. Cap. XI. 1761. t'lc Gf.cnce lliall be coir.mlttcd, or before the SelTicns in laid Cr/.iiity. r.J: ijf.d-ll.n- Auulic;: icdi. AJ, 1. C«. 3. C.J/. I J. f». >.«- i3cT2n'r!!tt.2'v-jS-«3«-:tK:wi.ii-;iat;3«a-.*e-* i««i»*«mL»ij«»» rrci'.ml !(.'. /fljp. to 'ne hor- !..»• i(! on thoCriJit oi"t!u' I'loviuce I'uiuls. C A P. XL All Acl for the Relief of the Poor of the Town of Ha- lifax, and indigent Perfons in the new Settlements. ^iO^yiW. ni'.RF.yLS if Imu heecn reprcffntcd to the General yJJjcmblyy CS jy ^ thiH hy Reofon of tie great Drought of the prejbtt Saijcv, t^^vj/w^'^ nvhich is likely tojhorten the expected Crops, (i/;d other Ctvifes '^"*' '*' and Accidents, many poor People of the New Settlements -111111 In- in iniini/.'ciit Danger cfthe ivant of Bread Corn. And IVhcrras there are liaulry Ncce/fariesjlillicantingfor the JTork Ilonfe at Ilali- f.iK, as ivellasfor the Support of fiich poor People in Town as are proper Objects oj Charity, alt ho not Jit to be fent to a Work liotfe. And Whereas the prefent State of the Province Funds 'will not admit of' af- fording the necefary Supplies, lathout injuring fuch Perfons as hav^ ^ lar^e demands for Bounties, Premiums, and Debts contract edhy the Gg' irrnment, that hitherto remain unpaid: Be it there/ore Enailed by the Honourable the Commander inChiej, Council and A [ferably, Tliat the Go- vernor, Lieutenant Governor, or Commander in Chief of the I'ro- vince for the Time beiiu>-, be and is hereby impowered to borrow a Sum of Money, not exceeding Eight Hundred and Fifty I't.und,% of tlie prefent Currency, on the Credit of the Province Funds; Se- ven Hundred Pounds whereof to be applied for purchafmt!; (Jrain Grain »ordu'l'oor ,;n, with lawfullnterell to the faid Time of Payment, and ihereaftT till paid, by the Trcnfurcr or Keeper of the Province Fumls for the Time being, if any Monies (hall then rem lin in his I fatuls after paying the fevcral HiJinuies and Prcminms, and oilier Dchts alreu- dv contracted bv the (jovcrnment lor Piddic IJuiMings or dllnr- wife; and in talc no Surplus ih.ill remain in the TrcUluy, when the borrowed Money aforefaid (hall become due, the fune (b..ill lie pilj imnts, /i^-o, for the Uff lit ilu' Wiirklioiik", uiul I he I'oui tit 1 lalilnx, T.) brrcpaiil with 1.iu!l:! Irattdl. Council, gun. J7( Vclfel fo Cow, or Vcdel (1; any othc pointed i Currency Ship or V be tlicrc 1 eeptcd) a the (amc \ lade on br fiid, bcfo and the JV Hides as ( \'clfel (hal fiiitl, bcfor Mafter of liic of the 5>kin8 fo 111 ;5 in bid of Ha- ■mcnts. nt ScaJcVt 'bcr CiVifcs •meiits IV III d JVhcrriis ' at I- 1 111 i- arc proper vje. /bid Imit of af- •!s as have by the Go' 'tied by tig lat the Go- lf the I'ro- to boiTcw ;y I'(.uiul,s iiniis; Sc- (imi (irain lis may bi' g Winter; be uppHcil Well iuid uc for ftip- I nil fox nil J ("iiiil Work cut of tlic owed, net Is i^8 albrc- :of, at tl'.e .-"l'-i 'o' h<'!' Lunenburg on the firfl Tucfday of the Months of February, May, s:';£ r..S'S. Auguft and November, annmilly: For King's County, in the - 'r--^- 'o. il" TownofHorton. on the Third Tuefduy of the Months of Febnf T"" ^' ^'l"^''" ury. May. Auguft. and November, ann^ially: And for the Cot I 'apoE ^'" '"* ty of Annapohs. in the Town of Annapolis, on the third Tucfday of January, April, July, and 0(5tober, annually. » "<-^'i^y C A P. XIV. An Aa for the Repairing and Mending Highways, Road Bndges and Streets, and for appoindng W, ' of Highways, within the feveral Townfhips in t Province. Si ors in this % %^^ E it EnaBcdhy the Uonourahle the Commander i-, Ct.' r / ^B\ Council and yljembly. That the GrandXts "the'^/^'' m.Wli '-^il garter S^//ions of the Peace, held for the feveraf Conn" ties, next after the Firft of Tanuar" {\J\.tu , '"' nominate, and choofe two difcreet an:' fitPeVf;,'"" be Snr ^ ""l- . lighways f(,r each Town in the refDcdivr Co L- ^"'^^70'-s oi „. . ^ ni 1. r , ' ""' Town, for w lidi fuch Si,r '"'•" "<" M" iht vcyors (liall bcchofeni and any Pcri;,,, bcinR fo nmn n,,. 1 ^i '" J"«»'y Aon;! c KMcn. who fl,all a-fufc l„ accept of ,hc faid Ort c", M T ""■ gWa to be fwcrn a, aforcfaid. within rourlecn l" vs nc nr?" fuel. NoniMiation, or hiving accepted (lull ncck-a li! tl , ?, m or ci, for every Rcfufal orfjcglcS. Kivc 11"^ f ti' be'Sv ';: by li.l 1. Fla,nt or Infonnation, in any „f I lis Maiert/ C, " t, o f "'" »'<' <» !l>e™ifgl™ayV^ "' ''''''' '"' ""■■ ^'^"^ "'' "'""' '" II. ^AV/ /.S- /!: 1^ / /innoV-hm Kc^wCroRon III. Cap. XIV. 1761. jKirti n oTLalxMir to tl-.cIJighw.'i/s, ■nH'ty for N"gle£l fif i ajouf. \\}. Mid be it further Enabled, That every Perfon within each Tovvniliip keepi'tnr anv Cart, Team, or Truck, fhaH fend on every Day appointed by the laid S uveyor of. Ilighwayrs, One Ciut or Team, or Truck, with Two C)y.z\\ or Two ilories, and One iblc Man to drive the-fome, for Fouf Days in every Year, to work on the Highways, Roads, Streets, or Bridges, allowing Eight Hours to each Day's Work ; and fucli Pecibn not attending or nei'lecT:ing to perform the faiii Duty, fhall forfeit for every Pay's Negled, Ten Shillings} and that every other Houfeholder or Labourer, not baring an hired Servant for a Year, (hall, on every Day appointed as aforefaid', either by himfelf or other fufficient Perfon to be hired by him, provided with fuch neccffary Implements as fliall be di- redled by the laid Surveyor, work for the Space of Six Days in every Year, on the faid 'Highways, Roads, Streets, or Bridges, within the Townlliip where they refpedively dwell j and fuch i»crfons not attending or ncglefting to perform the faid Duty, Ihall forfeit Three Shillings for every Day's Negleft j and any One of the Judices of the Peace ^vithin the County where the Offence is committed, is hereby impowered, on Complaint made to him by the laid Surveyor of Highways, to fummon the Perfon fo neglec- ting, and upon his Non Appearance, Refufal, or Negleft to pay the*^ Forfeiture, lliall levy the {im\e by Warrant of Diftrels ; and the Money fo levied fl^.all be immediately paid into the Hands of the Surveyor for the Jlepairs of the Highways. III. And he it further EnaBed, That the Conftables of the fevc- ral Townfliips in this Province, fliall make out a Lift of all fuch Perfons who are Owners of Teams, Carts, or Trucks, as alfo of every other Houfehoulder and Labourer within their refpeftive TownHiips ; and ftiall in Writing (making an equal Divifion) fct out to the Surveyors of Highways, the feveral Roads, Highways, and Streets on which each of them (liall refpeaivcly labour; and deliver alfo a Lift, figned by them, of fuch Perfons as Hiall live within the Diftrid^ wherein fuch Highways, Roads, or Streets, •ire allotted to each of them, to be employed by them refpcaively, ;uid who accordingly fliall be reputed to be the Pcrfttis obliged by this Ad to Labour. IV. And he it further EnaHed, That the faid Surveyors of High- Lnbouron tl.« V'ays Hiall, and are hereby impowercd, in the fitteft and m()ft Ica- Highw.,y« to be fon^blc Time, between the Firft Day of April, and the I' 11 ft Day ct ;'nf ATiUndthe November, Yearly (SecdTimcandHarvelt only excepted) to fummon ilof November, the Inhabitants contained in their Lifts lefpcdhvrly, giving them at leaft Si.v Days Notice of the Time and Place where he pmpolcs to employ them J and Ihall there overfec and order the Perfons fo fummoned, to labour in making, mending, or repairing the Highwovs, Roads, Streets, and Bridges in the moft ulelul man- ner, during the number of Days appointed by this Ait for each Fcribn to Labour} and the Surveyor of Highways ihall himfdf h" cxtuled (I'l-.^able* to make out Lifls of Perfons liable tit Labour on thf Highways kt. am! tltliver the ^e ^r t.imc 10 tkc bllrvey- ors. Ydwly. Surveyors cxcufed yue . '-^nm 1761. ithin each 1 on every le CiMt or 1 One iblc 3 woik on jht flours leylcdling Negled, Durer, not appointed be hired lall be di- < Days in ■ Bridges, and fuch )uty, Ihall ly One of Offence is to him by fo neglec- edt to pay ; and the uds of the * the fevc- of all fuch as alfo of refpeftive vifion) fct -lighways, hour; and I Diall live 3r Streets, fpctitively, obliged by ; of High- i moft fca- iift Daycf tofummon ving thcni le propofc* Pcrfons fo airing the fcliil inan- t for cath JHinfclf h""'' """ u Won »hilfoever, to the Amount of any bum *rso£/^i'" Lbou«r, or other Perfon^^^^^^^^ to'.., s.» .bov. exceeding the Sum ot »• 'J^ ^'" ; f p ,i,y. ,g.jinll any ot the I'cr- ,,,,„ ro, r,y. Servant, APr^^'rmUUet ny Pawn or Pledge, as a Security „„for»yS«"<, Perfon whatfoever, ""'" '^"' " ^j; Yx-^'- Shillings, contradcd t'ror'Mmr':^r;nS S^r^ant. A„.en.ice, hound ServauU^o. 1762. Kegro SI Retailer, Perfons ^ fides, th; fuch Ret ther Per( or otherv Peace is r fuch Ret Perfon w the aforei him or 1 further h the Ufe c III. A foever, fl Negro SI him or tl the Liqu rcfpeftivc Twenty £ of ProfeC of one cr of the Pe be comm of fuch J I the Offer faitl Jufli( and may < main tor tisfied the be paid ii Precln pUed to i IV. P) tend to dt per, fron with hecc •^ammmm^mm 1762. y^nno Secunda Rrcf's Crcnc.ii III. C a p. 1. 127. ince .%- Do- the .GE and aith, :orc- iajef- )fthe 2d in . avern- rs. aici'/, and iblication Alchoul'e ;dit, any tuous Li- t, or Dny faiiy Sum edy to rc- f the Per- Ket^ro Slave, mp.y complain to rny juCllcc of the Pe:\ce where liich Refailer, Irinholder, Tavern or Alchonfc Keeper, or any other Perfons whatfoever, receivinf; fuel; Pawns or Pledges, ulu.:ily re- fidcs, that fuch Pawn or Pledge is detained from him or her hy fuchVetailer, Innholder, TaVorn or Alehoufe. Keeper, or anyo- ther Perfon whallo^-^ver, and having: made Proof thereof upon Oath, or otherwife to the L'atisfadlion of laid juillce, fuch Juftice of the Peace is required, by "vV-rrnr.t lindcr his Hand and Seal, to compel fuch Retailer, Innholder^ taVcrn or Alehoufe Keeper, or other Perfon whatfoever, hy Diftrcfs md. Sale of his Goods, to reflore the aforefaid Pawn or Pledge to the Party complaining, or to make him or her Satisfaaibri for the Lofs or Abufe thereof; and fliall further be fubjedl to a Fine not exceeding Twenty Shillihg?, for the Ufe of thc'Poor, and Coils of ProfeCution. Ill J)idhe it further EnaJtcd, That no Retailer or Perfon what- Retaiiers&c. not to foever, (hall harbour or fufter any Apprentice, bound Servant, or t^?Sf "' Negro Slave, to fit drinking in his or her Houlr, nor fell or gwe d,inking in their him or them, nor fufFer to be fold or given him or them, any of Houfes &c. ou Pc- the Liquors aforefaid, without fpecial Order or Allowance of their- "" '> " ^"• refpeftive Mafters or Miftrelles, on Pain of forfeiting the Sum of Twenty Shillings for every fuch Offence, together with the Charges of ProfeCution; to be recovered, upon Convidtioh on the Oath of one credible Witnefs, before any One of His Majefty's Juftices of the Peace v/ithin the Town or Precindl where the Offence (hall be committed, or fuch other Proof as fhall be to the Satisfaction of fuch Jullice, and to be levied by Warrant of Diilrefs and Sale of the Offender's Goods and Chattels, under the Hand and'Seal of the faiti Juftice, and for Want of fufficient Diflrefs; fuch Juftice fliall and may commit fucli Offeiidcr to His Majefly's Qjioli there to re« main for t!)c Space of One Month, or till he (tiall have paid and fa- tisfied the lame. Arid fuch Sum fo levied ftiall, Sy the faid Juftice he paid into the riands of the Overfeers of the Poor of the Town or Precina where the Offence ftiall be committed, to be by them ap- plied to the Ufe of the Poor of fuch Town or Precinft. IV. Provided always. That nothing herein contained ftiall ex- tend to debar any Retailer, Innholder, Tavern or Alehoufe Kee- .^^'^^^^^^'^^'^^ *" per, from furnilhing any Traveller, or Boarders in his Family, with neccffiry Refrefhments on Credit. ier, Sailor, , or other a Security contradcd titc, bovuul 3r the Maf- Servant, or trmmrn'm^mmmn li iriFKagJwi CAP. II. nIe C A P. il. An A C T to enable the Governor, Lieutenant Gover- nor, or Cornmandcr in Chief, to borrow the Sum of Fcur 7l:xufand Five Hu7idred Potmd: for paying off the Public Debts, and to poftpcne the Payment of Bounties and Premiums. I-iOJOJO^ HERE J S it appears upon the State of the Public Ac- >?( ly^ '^ 'countsy that a lar^e Debt is due by the Government to fiin- v'|sj,wQ dry Perfons, to dijcharge the Bounties and Premiums for the T • '^•^'^^'^'^ Tear One Thoufand Seven Hundred end Sixty One, and pre- ceding Tears, and alfo to pay cff^ the feveral Accounts of the Public: Works, carried on under the Direbhonoj the Commif oners : And that the Impojl andExciJe Duties have been hitherto ir.Jvfficient for the im~ ■" ■ mediate Difcharge of fuch Debts : And Whereas it is necefjary for the Support of the Public Credit, and for the Relief of the Public Creditors, that a Sum of Money Jhould be borrourd, and paid into the Treapry to anfwer thefePurpofes -, Be it thenforeEnaSIcdhy the Lieutenant Governor, Council, ana Afembly, That the Governor, Lieutenrait Governor, or Commander in Chief of the Province for the Time being, be ^45co. to be bor- and is hereby impowercd to borro.w on Loan, a Sum of Money not lowed and applied exceeding Four Thoufand Five Hundred Pounds of the prefent S.lnuie^Ke''/ Curfcncv, on the Credit of the Province Funds; and that the faid niands for the Sum fliall be Spplicd to the Payment, and Difcharge of the Doun- Pubikk Works ^j^g ^^^ Premiums, which were due on or before the Twenty Fifth Day of March One Tlioufand Seven Hundred andSixty Two, and alfo the Demands of the Pcrfons employed in the Public Works under the Dircflion of the CommilTioners aforefnd. .^ , ., . , if. And be it EnaSted, That anv Sum fo borrowed for the Pur- inir'inQ.r pofcr. aforefxid, not exceeding the faid Sum of Four Thoufand Year. pj^c Hundred Pounds, fliall be paid back by the Trcafurcr or Keeper of the Province Funds for the Time being, to the Lender '" or Lenders thereof, at the Expiration of One Year compleat from the Date of fuch Loan, with lawful Intereft to the iaid Time of Payment, (or thereafter till paid) and that out of fuch Monies as fliall arife from the Duties on Wines, Beer, Rum, or other di- llilled Spirituous Liquors which are now due or Ihall hereafter be- come due by Law. Bounty Bills or Ac. HI- Pr.r/^.^, Th:U if the Governor, IJcutcnant Goven count/ to be re^ Commander in Chief, (hould (by a Scarcity of Money) not be able ccivcd at the Trca- ^^ borrow the Sum intended by this n&., that then and in luch Cafe, fury as Ca(h. ^^^ Pcrfon or Perfons who (hall prefent Bounty Bills, or Accounts of Money due from the (jovcrnment, properly authentic uted, faid Motes Notes vince, tercfl, IV. f^ore eff faid { I the Boi Fifli, JF fufpend fame fh of this An A der to do i Council, , or Comrr this Prov been wroi or in any Subjedls } mander ir ncy Gene Judices, < mary Waj deemed L dingly. II. Thi lions relati i-jbi. ^nno Seao/do Rt'gis Georg n III. Cap. Hi. 129. Notes or Accounts may .be received by the Treafurcr o7tbe Pro- yW; Be tt further Enaaed, That for the future the Payment of all ^"""f'" ^" '^'^ P°'^ the Bounties and Premiums ^ranted hu tU^ r«o« 1 X ^ n P°"'' forOneVea Fifh, Hav Oa-s 9fnn. W.n^ t5 ^ . ^, ^'^^ ^^^"^% on -rter the fame m.! CAP. III. An A C T for preventing fraudulent Dealings in th- Trade with the Indians. A)i(^X *^/^<^^^astbeJaidIndtans are unacquainted with the Laivs of this Province, and in what Manner thev are te^ZlzT ^ 5 '"^ ' '^^^^ with the Indians fliall be made. ""W Rcgujatid'a^ te niade. Kk CAP. IV. Jnno Scair.do Rc-is Ceorgii III. Cap. IV. 1762. I\T.s'.iiic;. ^^- 'iny Squills, A:c. to 1)0 judged H Cora- ir.oii Nu.ancc foiftlt 40s, I'ciibiis making the fame, Ac. OneHalf to tlio Toor, tlie other Malf to the Infor- incr C A P. IV. An A C T to prevent the Firing of Squibs, Rockets^ Serpents or other Fireworks. e'-ZVO:*; F it Enacted, hv the Lieutenant Gozrrncr, Council, and Jj- ■^ n<^ femhly. That it ilrall not be lav/lul for any Perfons to 6make, or cauretobcmade, or (bll, or expofe to Sale, any OOO^ Squibs, Rockets, Sr-rpents, or other Firev/orks, or any Caf-s Moulds, or other Implements for the making the fame, or for any Perfons to permit anvSquibs or otherFireworks to be thrown or fired from their Iloufes, Lodgings, or Habitations or Place thereto belonging or adiolning, into any public Street, Road, Paf- fa-re or Water, or for any Perfon to throw, or fire, or be aflif- tlnr in throwing or firing of any Sqibs, or other Fireworks mta any publick Street, Houfe, Shop, Highway, Road Pafiage or ^\4ter; and that every fuch OlTencc iliall be judged a Common Nufance. II Be it further Enacted, That if r.ny Perfons lliall make, or caufe to be mide, or fiiall give, fell, or utter any Squibs, Rockets, Serpents or other Fireworks, or any Moulds or Infiirumcnts for the making of^any fuch Squibs, Rockets or Serpents or other Fire- works, every Perfon fo offending, and being tnereof convioad, Paf- r be affif- ^orks into 'adage or Common •naice, or Rockets, Its for the :lier Fire- vided be- 'hcre fuch ty, or the orty Sliil- liding and Serpents, )p, High- ind bein<; 'orty Shif- ither Fire- Lodgings, adjoining ice J every 5 afore ill id', /eral For- evcry fuch Cnvifticn :hc Ufe of the other b fuch Of- r Ihall not, l:icc belorc ire for the >\vcrcd, by I'cction, or Gael Gaol for any 7'ime not exceeding Fourteen Days, unkls lucn Of- fender fliall fooner pay fuch Forfeiture to the fdid Jultit tice. Txception as to tiia (jovdnor, &c. III. Provided, That this Act fiiall riot extend to debar the Go- vernor, Lieutenant Governor, or Commander in Chief of this Pro- vince, or the Commanding Officers of His Majefly's T:oor?, or any Perfons employed under them or either of them, from making and firing off any fuch Fireworks as aforefaid. IV. Beit alfo Enacted, That no Perfon whatfoever fliall prcfurr.e to make or caufe to be made any Bonfires within Three Hundred ''""'''■<'' ""' f" ''c Yards of any Buildings, Stacks of Hay or Corn, under the Penal- Yrd/ott^l Xy otl^orty Shillings, to be recovered and applied in the Manner as ^'"Z^ ^^^ mentioned in ihis Ad. CAP. V. An A C T for appointing Firewards, afcertaining their Duty, and for puniHiing Thefts and Diforders at tiie Time of Fire. fuch Number of prudent Perfons of known Fidelity, not cxceedinjr Ten, in the fr^vcral Parts of the faid Town of Balifax, and the Suhu-os thereof, as they may think fit, who fliall be fworn failh- lully tc dilchargc tlieir Truft, and fliall be d ... linated and called I'lrew-ard^. and have a proper Badge affigncd to diftinguiili them in their Oince, "ctx. A StafFotSix Feet in Lentrth, coloured Red and headed with a bright Brafs Spear of fix Inches long. * ' II. Audk itfurther Ena51ed, That at the Times of the bren king forth of Fire in the faidTown orSuburbs thereof, and during Duty an,' Auf.orty the Continuance thereof, the faid Firewards flial! and are he •- bv '"''«' ^'f^*^*^^*- authorized and impovvered, jointly or feparately to command'and require Afliflance for the extinguifliing and putting out the Fire and for removing of Houfehold Stuff, Furniture, Goods and Mer ' c.iandizes, out of any Dwelling Honfes, Store Houfi^s, or other Luildings adually on Fire, or in Danger thereof, and to appoint Guards to lecurc and take Care of the fame : As alfo to require / f finance for the pu'ling down of any Houles, or any other Services roliting ther.-to, to ftop and prevent the further fpreading of the lire; and to lupprcfs all Tumults and Diforders. And the Of l^cci; appolntrd from Time to Time as aa)reuid, are require •" upon 132. Anno SccMid'' Regis Georgii III. Cap. V. 1762. Any Perfon dif- f)l)t_viiig their Or- ders at the Time of tires, forfeit 40s. I'irewarJs, may or- der aiiv Houio to he piilk'd^down, to Hop the fij-fc , upon the Notice of Fire breaking fortli (taking their Badge with them) immediately to repair to the Place, and vigoroufly exert their Authority for the requiring Affiftancc, and ufing their utmofl Endeavours to extinguilh, and prevent the fpreading of the Fire, and to preferve and fecure the Eftate and EfFeds of the Inhabitants; and due Obedience; is required to be yielded unto them, and each of them accordingly for that Service: And for all Difobcdience, Negledl or Refufal in any Perfon, Information thereof Ihall, with- in Two Days next thereafter, be given to any One of His Majefty's Juftices of the Peace for the faid County and Town, and upon Convidion thereof, before any two of the Juftices aforefaid, each and every Perfon foconvidled Ihall forfeit and pay the Sum of For- ty Shillings, to be levied aud diftributed by the Diredtion bffuch Juftices, among the Poor moft diftrefled by the Fire; and in Cafe the Offenders arc unable to fatisfy the Fine, then to fufferTen Day« Imprifonmcnt. III. ArJ hekfttrti'rEm^ed, Th^t when any Fire ftiall break TwoMagiftratcsor out in the faid Town o^ Halifax, or the Suburbs thereof. Two r more of the Magiftrates or Firewards of the faid Town Avail ar. may, and are hereby impowered to giveDircdions for pulling down any fuch Houfe or Houfes as fliall by them be judged meet to be pulled down, for the ftoppingand preventing the further fpreading of the Fire ; and if it (hall fo happen, that the pulling down any fuch Houfe or Houfes by the Dircdion aforefiid, Ihall be the Oc- cafion of ftopping the Hiid Fire, or that the faid Fire (hall ftop be- fore it come to the fune, that then all and every Owner of fuch Houfe or He .fes fliall receive reafonablc Satisfadion, and be paid for th'- fame by the reft of tho Inhabitar ts of the faid Town and Suburbs, (to be accounted from the River called Frc(h Water Ri- ver, to Mr. Mauser's Diftilling Houfe inclu(ive) whofc* Hcmfcs fliall not be burnt, in the Manner hereinafter prcfcrlbcd, ("that is ti, jay) the Owner or Owners of fuch Houfe or Houfes (b pulled down and in titled as aforefaid, ftiall as foon as may be, make application to the Firft Juftice in the Commifl'ion of the Peace for the fiid Town and County, or in his Ablencc t-^ the next named in the faid Com- milfion, who is hereby impowered to call a special f^cJJ'om oi \\it Juftices, who fliall meet at the Time appointed; a.itl ihc Court being fatisfied, by fuch Proof a« ("'.la'.! be brought, of the Juftice of the Claims made, they fliall then ifTuc an Order for a Valuation of the Damages fo fuftained, to be made by Two or more inditl'c- rent Pcrfons, who fliall make a Return of thti Proceedings, upon Oath, into the Hiid Court by the Day atlixed, whereupon the Court fliall appoint Two or more Afllllbrs, who fliall Tax the Houfes (jf the faid Inhabitants that have not been burnt, at fucli Rate or Rates as fliall by them be thought juft, in Proportion to the Value of the Houfes that are to be taxed, for paying the faid l)..magt« and the Charges of Valuition, Taxation, and Colledion, togctluT with the other Fees of the Court., to be fettled befurc tlic makitiir fiH ii Owners of fuch Houfes to have Sa- lisfatUon, by an Affefrment of the Jniiabitanti. A J'. VJ. l; 33' 1762. I 1762. yI,,.,'o Secundo lr.o- loiH rcfufe to I'.Tvc', ih;ill pay Forty ShiUings Fine, und another '"• Uiail be chofcn in his room, and lb on until one do accept. :;ict ci Duty, Siiprrri'.in'.cr.Tiy C' ir.iiiiiiioii 01- *ii.i.-is. II, And he tt f'lr'hcr EnaBcd, That if any Scrjc-nt or Corporal f!i;^]l be jniilty of any Ncgleft of Duty, or fliull be drunk, or be di!(M-d,-rly while on Duty, fuch Serjeant or Corporal fhall foririt cud piv the Sum of Ten Shillings, or be committed and fct to hard Labour for Forty Right Hours ; which fiid Fines fiiall he rerovcreda-id-.M^plied in'the (luneMann'-r, as diredcd by the above mcniivmed Ad lor a Perfon refufuig to ferve as Clerk.. IT I. A:id Whereas there are fuvdry fupemnmerary Militia Officers^ Coium Olid in rhis Prr/vince, w/'J are not opl^oinlcd to cr.y particular Companies \ Be it EnacleJ, Tl^t fuch Otiicers ihall not be obliged to do Duty as Non Commiil'-oned, or Private; But fh 11 never- thelefs hold themfelves in Ilcadinefs to do Duty according to their Rank, when ordered by the Otliceis commanding in their refpec- tivc Diftrids. IV. AndWhcrea^hyihe [aid AFl, in titled "An ^(^ for cPa- bliihing and regul'iting'a 'VUlitia," It is Enai'led, •' Th;;t rvcry Captain, dr Chief Otticer of any Company or Regiment ih;dl be obliged, on ci Penalty therein' mentioned, to dtaw forth his Con^pany every Three Months and no more, to exercife them m Motions, the Ufe of Arms, and Shooting at Marks, v)r ()ther Military K.^'crcifes." IVhich has Inrn thought to he injif^'ident to tr:picer the Pnrpofes de/igned h the faid Jdl; Be it thenfore Ena^ed, That from and after %he Publication hereof, every Captain or Chief Olliccr of any Compinv of Militia, having received Ord.>rs for that Purpofe from the Officer Commanding any Rcgim cnt o ^ Militia, or any other Corps or Hndy of Militi 1, who arc required to "ivc Orders accordingly, Hiall be obliged on Penalty of Five *|i Poiuids, to draw forth his Company or caufc them to be drawn '* ' ■ jprth for exercifing them in Motions, the Ul'e of Arms and Shou- ting at Marks, or other Military F-xercifes, Eight Days in F-ach Year and no mo.ej to be regulated at tb Difcretion of lu-h Com- manding Officer, according as will beis Dufy, or (hall Ihew any contemptuous Hcliavlcur towards his Uipcrior OiTicer; if an OfHcer, he (hall on Convidtion thereof be- fore a General Court Martial, to he conOituted and appointed as herein after diroeted, be cafliicred by the Sentence of fuch Court Martial; if a Non Comn:i(1ioned Otlit er or Soldier, he (hall he •onfincd by the Conunandintr Oriicer of fuch Tarty or Guard: Ami it (hall be lawful for the Commanding Oihcer of the Re- piinrnt, orof any Party, or Command, not under the Degree of nr RrpmentaT iiCaptiin, to order a Regimental Court Marti il to be forthwith '-"""ivj.auid. ' )ield fur the Trial of fuch Olfendcrs the faid Court Martial to con- fill of One Captain nnd Two Subalterns at Icaft, but where they can he hid, of One Captain and h'our Subalterns, who may give Judgment by layin'i; a Fine on fuch Oilonder in anv Sum ni..'ding Ildf an Hour, or be committetl to the Iloufe of Cor- iv'lionto be kept la hard Labour tlivrc for any Time not cxcec- tiiii^ Twii Uayii. II. Provided .".ortenc? In he ."p- frovt,'! by thc'C'om- liiniiiini; Oliii.'-T, \j<:l\nv. it be cxo- c.itcd. yh-/!C/ Si'c.'iK^'j R.-^is Geokg II III. Cap. VII. 1762-. ^'f'ccli Cor Di:C<:r. n. Prov.itj'nd ncveribehjs. That no Sentence of a Regimental Court M;irti;il Hiall be put into Execution until approved of by the Commanding Oirlcer of the Regiment, or of the Detacliment where the Crime may have been conmiiitcd. AndaoGf!:c3r be- ing the jf\i:cafcr, fliall fit as a Member.. TIT. And he it further Enacted, That if any Officer, Non Coni- mifiioned Officer, or Soldier, of the Militia, iliall in the Field,. upon a March, or in Quarters on adual Service, defert the Troop,. Company or Command to which he belongs, or Hiall difobcy Or- ders; if a Commiffioned Officer, he ihall be put under Arreft by the Commanding Otlicer, if a No4i Commillioned OtHcer, or Sol- dier, he fliall be fent to the next County or other Gaol as foon as convenient, and it fliall and m.aybe lawful for His Excellency the Governor, Lii-nitenant Governor, or Commander in Chief of the Province, to order a General Court Martial, by a Warrant under his Hand and Seal, for the Trial of fucb Offender as fpecdi'y as the Service v/ill admit ; which Court Martial fliall not confift of a Icfs Number than Thirteen Conimiffioned Officers of the Militia; and the Prefidcntoffuch Court Martial (hall not be under the De- gree of a Field Ofiicer, and thfre (liall be as many Captains as con- veniently can be had, the eldeft Subalterns to make up the Num- ber : And that I'uch Court Martial (hall have Power to adminidcr an Oath to any Witnefs, in order to the Examination or Trial of the above Ofrenccs that (hall come before them. «ieneral Court IV. And be It further Erased, That fuch General Court Mar- .\ianu.i^,ay putnih ^j^^ ^^._^^, y^,^^^ j,^^^^^ ^^^ ^^^^^^j^j^ ^j^,^ \y^:,xh, or otherv.ife by Fine or Iniprilbnment, the Fine not exceeding Twenty Pounds, or Im- prifunment not more thua fix Months, / r* l^y Death, ^c. Member' *o tike die loUowuij Oath» Xo Sentence of Di'iuli to be giMft uiilcls Twtlvf M-mbfii cooiur. V. Provided iilicaysy That in all Trials by General Courts Mar- tial, every Oliicer, before any Proceeding be had, (hall take the following Oath, and the Judge Advocate is hereby authorized to adminillcr the fanic. T OU JImiH ivell and truly try and determine mr or ding to ymir Evi- dence in the Matter now before you, betrjecn our Sovereign Lord tht Kings Majejiy and the Prijoner to be tried. VI. And no Sentence of Death fliall be given n£;^aln(l any Offen- der, by any f.ich General Court Martial, unlefs 'i'welve Olhcx;ri; prelent (hall concur therein ; and His Excellency the Governor, .l/ieutrnant Governor, or Commander in Chief, (hall have Power to appoint any one of his Majedy's ju(lices of the Peace for faid I'rovince, orotlu-r fu '^crlbn, to ad as Judge Advocate at any futh General Court Martial. 1762. vn ral Co be app nor or VIII the Mi vince c Detach n(5t Proj (hall he the bed (on fo d M;.n in (\vM be nf Ten ] A 'an (ht (hall hui IX. . lifla dial Town t( on real m'ffionct Soldiers, "iter the * 'Mccrs r l/!i.'s, Cc Shiiliny J D.rni e.icl (Ions of al niiffioned X. Pro tained (ha InitonOcc "I* inimine contrary ni Xr. All not parricu n.s fliall he vcrnfM-, or beii.M. •.■!ni»».l \ y 'ijtiT, 1762. .-.nm Sccnndo "Regh Georou HI. Cap. VII. VIII. Prrvii^ed alv)avs ard h" it Vtin^'^' Ti.-,* . 1, x^ ♦i,« Afi-.- n 'I » . • "'•"'■ "- i^na^-na^ 1 hat when 2RV Pn-f f>r the biff: of his Knovvloco-e ;f r^nn-Vr.,! ^,.\ "'"t. ^'I'lccr, to / /• 5 » , ' "'"-"o^* ^i icuuireaj and each pnri pwnr r'-,. A- ., ,^1° " ^' °' t"'!i"" '" ?"' '^"^ "T""-^' Month., .ml n.-.4h r fiHing =n'j Four Pence, .'i P i „dTr\.'''"'™"r ""= X. Provided a fiViVJi, That tliK A/> ««.. . t^i • Gained fhall take E/llx^ or he ' '; ?• • "'^^ ^^""^^ ^''''*'" '^^^' A^ !.,.► ,. /-» ,• '^i- i^'iiccr or he carried inio r vt-rntlon .ir m,,- t- ^'" ""' f" fit-* lH.to„Occal.on ofachudlnvalion or <»M„ Aituk Ifu,^ " r'"";'"" ""'' j;-.orCo,„L..::i:-^^S::^-'^;-u^^^^ Miluin to be paid wiitn Oi-JercJ to Kia.ch. •■'tt* »•»< M»T ♦I'-ai i'iizc, on I tjulty of 40s. ;.^c7jv/, That the Grand Jury for each County Cran. Ury. at ^ Hiall annually at the fall Gr.rra/ 9uartl ^^^'^L^lt \ and before the Rifinrr of the Cnnrf. n^,„; ""''">■• '» 'Ti-o „ -• .I'oint ^■■: Kcrs, Cullers, a.iu ij'urve^oij. IV. And he it Ena^ed, within th'i Province, fhi port to the i-,id Coint the N-,„,„ oU\v f.,^i r 1"" ,"- (0 „on,in,tcd and ap,,ointed ^ he „ cTl (r^vVth"" (,!c 1, 1 I'l I c "">'' ''^ "™""M«1 and appointed, Cm\> ,,. ;ng of any of thele by Miihehaviour. I)::;;h ^' ^ 1^ ^pT v.nce or changing the Town of his RefuLnce, th i t^rasH H H filled up by a new No.nination and Appointn c t in I ' , ' Manner at the ne.vt <^.rt^'r Se/fions, or Sf,lL S^^^n to bed tor thatPurpole, under the like Penalty foi Rcfu(Iil. ^> A,:d he it further Ena^ed, That every Gai'-er of C-^(\r n.rrcs apno.ntedas afi,refud. (h.ll ^^l^^^^Z C.,.,„.t.„ nirrels by Kim v.ewed and marked as aKorcfud be i ., /• hi. o .t '"---•^^iv^- I^ons of tlus Ad, and that he mark no C ^iko W^l! '•'''' ^vhatfocvcrdcfedivcin any of the above Parucula..^a PcX ."" ''^"r"^' "^ -»! * " * ^"'"ly lor ea«h Cnik. of the Any Pcrf^iii refufing to /; 40s l'!ve, lorieiti I. p. Jnno S''a--iay P.rn's C,::c?.c,ii III. Cap. VIII. PlfCV^VS '■f ofTcn Shillings for every CaiT: io by him mariccd t!);it (hall be found dLil-ilivj in any ci" the aforefiild Rcfpecls. Vr. Jlndhcit Fj-.aclcJ, fnr preventing r.f Fraud and Deceit in the l-i:h nt^t fo j^.rr '///J .-/■ pirkhd Fi/h to be put to Su'e, Th.ut in c\cry Town r. ..:!; anybiir iiic.'i \viihln th!:' IVovince v/hcre fuch pickled Fiih nrc nnckcd for S:iie, j;., J 1^.(1 the bnrvcyor or ourvcyors ct rim of ivxAx Tov/n, or oi i.lic Tov/n where they arc psjt to Sale or Ihipped, Hiall fee that it be well and orderly pcrfonned, and that tlio fiid Fifn he picked nil of one kind :\.\u\ that ;ul Callc or Barrels fo packed he full, and in all other Re!*pc(5ts anfwerahle to the Regulations herein fpecified i,n that be- half", fetling his Brand or Mark on all Cailc or Barrels fo by him cx-'itnined and furveyed ; and he fliall receive of t'le Owner or Sel- ler of fucdi Fifli, for Jurveying and marl'Jng, Tv/o Fence per Bar- rel, andln)nr Pence per Mile for his Travel ; and if any fuch pick- led Fi(h be put to Sale or Hiipped off withf'Ut the Surveyor's ). ; .^4 it' ohcr.a to Brand or Mark, they ih.dl be forfeited, or the Value thereof, by ^'" ^" the Seller or Shipper of the fame. '\ Iu.il Peloid I'inj rot r'Uiked to In? t'or- mine i' ■\ :')' all M (lersnfVelTcl:, !'ic:reeablc to the Regulations h.erein htforc fpecififd, and fliall and may open the Head of any one Barrel the Buyer fliall chufe for that Purpofe, and fuch w", flnll be found good and Mcrchantn!)le the Surveyor Ihnll mirk with fuch Brand Murk, as fliall he afllgned to him by the laid Court, and fuch other Cut Mark as m^v denote the Kind of Fifh and Time v/hen packed. And if any P'Jafler of any Ship or VefTel, or any Otiicers or Mariners belonging thereto, ihall re- ceive fuch pickled Fifa, not marked and branded as afircfud, on board anv of their Ships or Vcflcls, he or they v/ ho fliali offend therein, ihall forfeit double the Value of all fuch Fiilij and he or thev v/ho fliall own fuch Fifli fliall forfeit the fame, or the ^''ahie tliereof And if any Cooper or other Perfon Ihall fiiiit any Fifii, cirher on board or on Shore, after the fame hath b: en fo marked and branded by the Surveyor, and fliip and export the fame, the Surveyor not having allowed thereof, and marked the Calks or Barrels a new, whercinto fuch Filh flviU be fliiftcd -, a'l Perfons ac- tinia, ordering, or aflllling therein, upon Convicllon thereof before any one of His Majefty's Juftices of the Peace, by the Oath of one credible Witnefs, for the firft Offence fliall fnffe'r fix Monliis Im- prifonincnt, for the fecond nine Months Imprifonnient, and for the third twelvcMonths Imprifonmcnt, without Bail or Mainprise; and Ihall likewife pay double Damages to the Perfon vvrong'.'d there- by. And if any Perfon or Perfons fliall prcfumt to counterfeit the Brand Mark of any Surveyor or Gaugcr, or Certificate of any Cul- ler, upon due Proof or Coi.vidlion, he or they fliall incur, forftit and 1762. and pa' fonmei VII] Fifli th tliat fli; tal for ( Mile fo Culler 1 tity of I or Shipf any dry without ti/icate t the Vah IX. . and Slit Town V. reign M; veyed an( ted, (wh fideratior to the juf X'a^ Sellei viewing 'ingand i Thou fan t: ^nd no B upon Salci been viewi rablc to th Occafion \ pointed; . Seller or S X. Jlnd to Sale by her they ar dra\vn or fli thcCIiarge HuudleofS] of the Surv( Inroad, and Ac^ prefer! h half an Incli 'H'irig tlie Di '>'- accounte 1762. AnnoSc cundo Regis Georgii III. Cap. VIII fonment'^''' ^'^"^ of" Ten Pounds, and fuffcr 141, one Month's Impri- Fir^. f l^oi^tif^S^,, J/^ ?f\ °^ ^^y Cod tlut ihall be fold or exported ad fl.alfLn" ^d '^ ^'■>' ^^^ ^''^^ ?.f ^^ °^'^'^>' ^''^ tal for every Quintal o'f I^fl by him fi c^"^^^^^^^^^^ V'"^^- ^^^^ Mile for his Travel, to be oaid hv M^ n ' and 1' our Pence per a.,dFc«.^' Culler n.all give a 6edficat^ under h. R^^'Tr ""'l'^^'"'' ^"'^ ^"^'^^ tity of Fim I by him culled and th. N "^ ^A'^^y^^^ ^'^^ '^'•^"- or Shipper thereof W T,t ^-^ ^^"^ ^';??^ °^ ^^'^ Sdler, ^^-y f.ch Fin, i e any d^codi^S^:;f^;^ J^- -^^-^^^ if J^si^;::;S: without having been fo cull/d L i r^ n ^^^"^ ^"' Exportation, -i'!">"t -hecui.-ns .ific.,e .hcreoAs b "fore d' eld' t ''^:'Stf^^^' P"" '""-■'-'"" .he Value .hereof, by the Seller or Sl.ipper of .t fe^,^"*"'^''' " "'=""'■ Town within this Province rfxnlr, T^°"S5' '^"'' ^»'= "> ='"y ?»"'vor.ofL.,„. reign Market, before their DeWrontl'^T'.'l^K'" ■'' 'l''^'- ' ""' °"'" vcyed and allb meafured, by one of ^h, ■; ' ' ^^ "™="'' ('"' ted, (where he fliall have anv Do^L f ,1 ".7°'? "'""° ^PP"'"- Mera.ion for drying and AriL^n? ' If «' ^i'^'^'I'^ h"ingT„n- totheiudContents, makinp- AlS ""?""" ""--k anew all fuch .I.C Seller to pay tLoS For Pe" ^°'4;^"'""<' Wain.. viewing only7and Si"fe"ce p 'Th„'L':?''p^''°'''"''"^ ^^'^ ^"^ "" ""• nngand marking, and foi„?rP;^X^^^^^^ rhoufand Feet, and four Pence .!^r Mj c u 4^' Qsantity than a ^nd no Boards, Plank, TrbercfutvVtii'^r,', f t:^"'""' Evitd:„"dt:if;te^^^^ rab.e,otheDefcri;r::.':i;i^i"S:;'-/.^L''™^^^ ■arils Ac. dct,\e, ' Of Shippi-J (,:,. •poitation, Ium,, ^ "re niarktj | y '"fyor. to |.e "a or the \ ,,.. ^' And be it "EnaEleJ TliaK oITcl- i .0 Sale by Quantltittr die" ttt^'d" »"? .^Vj"''"''' "P"'-^" ber they are .narked for, unkT tltZ Y^ ?'" "'"^ ^nn,. rirawn or fl.aken out of theB ndl,^ ?ft ''''r'' ''""' '""'^ ''^'ve been -bK-harge of fearchinga, d e«in; to h/n'^l'T """ ''^ *°*""'" -•■'.. l)""e it likewife Ena^ed, That all Fine ForfeitiMes arifing by Force and Virtue of thi^A^^f' "'^ P'-'ticsi Forf«. Half to iria,ter Sffiion, in ^lartcr Scjjfons of tb, Pccce for the feveral Counties ^i\v'^ hh LA^ik county, I"* ' . » * »a^ ' 1 rovince. P'ii^e an Addition to this ASl, 6. Gte. 3. t. 2. 2. St ft. Exec, At the General Assembly of the Province of Nova Scotia^ begun and holden at Ha- lifax, on thf Firjl Day oijuly, Anno Do- mini 1761, in the Firft Year of the Reign of Our Sovereign Lord GEORGE the Third, of Great Ei'itain, France, and Ireland.YA^G, D-fender of the Faith, &c. and there continued by feveral Proro- gations until theTv 2iity Fifth Day of/^r//, 1 763, in the Third Year of His faid Majef- ty's Reign ; being the Third SefTion of the Third Generai, Assembly convened in the faid Pr6vince. C A p.. 7. An A C T for the Relief of the Poor in the Town of Halifax, 176 An Addii c A P. ir. IIL . whatfoev( ^ny Flou other Mai redted, on I^read, fo Meaning ( herein and V^l the Suj ^o in Propc cuJt, or Sh vercd, toge credible Wi Peace for th JV. And. fics inc urred of 'n Manne 1762. the Peace arrant nn- 'ffuliicient 't; and in ce Pounds, inform or 3rd in this pubL'<: jd 'f G.T'.Ttf/ 'iihin ihis ovince 70 Do- >f the RGE e^ and Faith, ^roro- /[ajef- ofthe led in )wn of P. ir. 1763. ^««. r.r/;;, /J,^,v Geokgii III. '^IZl^^ ~'~ US' CAP. a An A C T for Regulating the Proceedings nf^A. r e/' Judtcature. u^iaxy ■„, e,;!;',,.. Content, of B.rrcl, *^* Repeal conJ,r,„' J h Hi, M„J,ji_^ ,„ Council, ["'our nndBifcft to CAP. III. "eat Meat; and if from helnd tf\ ?" u^'"'"^^^ ^"""^s of Pounds of neat Meat*. ' "°' '^^^ ^^^» ^>o Hundred I^erlofir^IJ^^^^^^^^^ ^- -V' after the Pubh-cation tered, or exchanged Sn thfsTr. ''"^^ !^^' ^^^" ^^ ^^'d, bar- or exchanged b/we"gh Vn t .^^d fn n '^". '^[? '"^^' '^^^-^^ whatfocver. ^ ^' ''"'^ '" "o oth-r Way or Manner any Flour, Bifcuit or Sh;., d , , ^"' ^^""^er, or exchan-re j! f '^"' '"«">' othrr ortcr .Manner w.Wcf 'P*e;t;„'''h t •^j'^' '^ '" -X *^-"' ■°''°'"- feftcd, on Pain „f fcrfei i °f a , f„l '?,^"Sht as .bove d BrcaJ, fo fold, bartered or "xchanoSf '' """"'*> ^'■- Si.ip Meaning of this Aft: And «eTltf''''"^;° '''= '"''"' »"d !>"e,„ and being convifled ,herIo7 ]h.u",r°' c"[°"' "^'"^'"S m tile Sum of Twertv Shil :„ r ""^ '^""l";'- frrftit and fo in Proportion {ZTlc!^^'Tj^'""y.""-M \Veigh apj .„, , cu,t or Sl,in Bread, fo fo d, ba,teL^;","'r^'""f ' F'""^- Bif" Sfe.-iS't' vered togetSer with Cofts rf Cfelt^o "''""f ^ , ,0 be rcco- ""r u. wy,!i. cred.SIe Witnefs, before any T vo of H "mv "^ ° r""'' "'' ""= ' -« f- ">^ County „ber^ .be i^^I^l^^^f "'= ^1^1^:^^^ '.;'". wdt^S;f;t::''A?s:ail',f°*\'"- -^p'-'- . ,■ ^M..nne. fudowuig, (that h to fay ] all Flcrnr Vrr"' "'^^"''■'^ '•*'"'" ' ^^ y'lV aji 1 lour, IJifcuit or Slijp ""^ici. ■^pplli.ition ofFor • «iid J'c Bread, :':-.v^r--'^ -J,' - 146. I'rofecutlon to be \'>iihia len D: i. yhvioTertio Rc^is Georgii III. Cap. I. n(>%- Bread, which (hall be forfeited by Virtue of this Adl, (hall be ap- plied to the Ufc of the Poor of the Town or Pluce where the Of- fence fliall be coi-!imitted ; and all and every other Penalties incur- red by this ht\, fliall be a'-plied to the Ufe of the Pcrfon or Per- fons who Sinvtrs appointed hj an M intitUd, An Adt for appointing h ' ^ Cominimoners of Scwcn, made and p.uVd in the '54lh MMAM Yj,^,. of Hii latt Mftjcfly''. Rciun. arc Mt fujiiieiitiy im- fiWtlfJ '7<^^3- 1763. rail be ap- e the Of- tics incur- on or Per- il t by Vir- s after the rovincc 2X Ha- no Do- of the 3RGE j^nno Tertio Regis Georgii III. Cap. II. M7' tioii aiid Payment be made as aforcilid. '" ''" ^"" ^'^^'^^^^^^- tcis to anWer his her o rh^^^^^^^ J".^W not any Goods or C.\u. One of Hi. M.,;;.;^'^::;^;;'; t^^:^:^ , : ]r^^ ^-r^ Auh Lands lie. to let oik any Part of Ihch H r t"^^ '''^'^"' '"^'y be fuUicientto pay hy tlie P oducc J I '^ ^^"•^^^' ^'^^'' VKlcnd or ProportioL^ftL SunVfo due, '^'^'''"^'' ^"^ '^'^^^ ^'- r.-V */«r/^/r j1JJi,i» t» ,H, .la, J. Gm. |. ,. 4. Ahfentee's Lmd* t<» b;'|ft (or I'ay- nirnt ofiJvc Allcfl"- nicut. r an AcT: fwricrs of ^' His late nmi .oneriof rappointinjf in the ';4th \}jii',tHtiy itti" fiWflfJ C A P. II. ^^^^CT to prevent Nufances hy IJeJ.es, irenrs nrid — t - — — •# fS M-^ ^nr,oTiri:o Regis Georgu lU. Cap. III. 1763. R'v.T f;'>,c-v to l<.'"l|!;ii. iv he ]■! '■(•[•■ n f .■'rr ^ r;v.7/ Men fure fort bilr ^uhjijlancc ; Therefore in order to preferve rh;U valuable Sui^port to the Inhabitants of this Province : Be it he ^';'''^''''''^^ h i'-'^ Lieutenant Governor, Council and J(Jeml)ly, That the Jnflices in their//-/' General ^larter .S^w/held in each Ccunty, annually, lluill and are hereby impovvered anddlreded to niake Rule; and Orders for the Regulation of the River Fifhery in their refpeclive Counties, as they from Time to Time flwll find ijcccflary for the Prefervation thereof. IVrfom trnnrirrer. /iii;r thfC Ki iMilati- oiii to lorleit;^'. lo IT. A'hl it is bcreh further Ena^ed, That if any Perfon or Perfoni Hiall JVC uine to ereilt or fet up anyIIedge,Wear,Fifligarth, or other Incumbrance, or place any Seine or Seines acrofs any River in this Province, contrary to the Rules and Regulations fo fixed on, and eftablilhed by the Juftlces in their fud Genera/ i\h/artcr Sel/ions an- nually, fdch Perfon or Perfons fhall, upon due Conviaion there- One inlf to the I f r "'^'''^ ''*"'' ^'^^ ^^^ ^""^ ^^'^'^^" Pcunds. One half of which fliall Joimer". .he other"" ^'v"'' ^'^'" '"^"''"■"er, and the other half for the Poor of the Town- tothci'oor. fliip, where the Offence (hall be committed, to he recovered by At'iion, Bill, Plaint or Information in any of Ills Majef^y's Courts of Record. A^ to rontJf,ue ^^'^ ^^ ^" continue, and he in Force for the Space of Two TwoYearj. Years from the Publication hereof, and until the End of the Scf- fion then next followinir. This An madt pirfetunUj 6. Off. 3. f. I. It ^1 rreamble. i''ronrictor»on.«nd» held in common lo l»ay llieir tliviilend rij the I'.xprnce of iliriiiing thim. CAP. III. An Aa to cn.nblc Proprietors of Lands to Afllfs and difchnrgc the Expcncc which has accrued upon Dividing their Lands, by Virtue of a former Law of this Province. )l()<()*(5j( HE R E A 5 han Act of this Province infittcfi, " An Act JS //^ J^ •' to enable Proprietors to divide their Lands, le/d in Com- WMyHy^ '* *"°^ iwd tindivided" Jundry Proprietors oj Lands li^ithin this Province, have proceeded to a Divijion vnd''- the Sanction of the afore/aid Act, ivhirh has Jince been repealed \ Ani, f. f reas con^ Jiderable Espence has attended the making fueh Divi/isn, .lie it E'uicted by the Lieutenant Governor, Council, and AJJembly, Tliat all Perfons, Proprietors of Lands within this l*rovince, Wh by Virtue of an At\ intitlcd, An Act fo enable Proprietors to Di' . their Lands, held in Common and undivided, have heretofore by -.i Majority of the Pro- ])rietors, agreed upon, and divided their Lands, under the Sanc- tion, and agreeable to t!je Diredtion of the faid recited M\i c.ich ■ -^i-maswWj^iBss..!^ , ?r to preferve \'lnce : Bf it ■'w/}fy, That c]d in each d direded to iver Fifhery ne Hull find n or Perfoni ith, or other liver in this cci) on, and Si'//,'ons an- dioii there- whichfliall the Town- ccovcred by Hy's Courts nee of Two of the Scf- filfs and ccl upon r Law of " A-: Acf fid in Com- inJi wieiiin 'he Sanction fifiuis con- it K'uhted ill I'crfons, rtiie of an LiiK'i/s, held f tlic Pro- thc Sanc- tii\i c.ich anJ f/fii. Jinno Tertio Regis Georgii III. Cap. HI. tnd TJlS^J!?™'"' *'" P.^y their Dividend U9- The Accounts of futh Expencei to be audited by order of the QuarterScfliont, and approved by them, andeacli Proprietor to pay his Share. Part of allfuch Expence as m^^hal -re "^ P'-"P"'-tional Divifion. ^ ' "" ■>^ ^^^^ ^"^e" ^rom the malting fuch before the Juftices of the P ace f* ^'^Tl'^-^^^'' ^' '"^'^ gi/.r/.r ^.>;,., who are hereby irinotv' ^"""^y* '" -^^''■ Perfons to audit faid AccZTfl 'f ^^'^^''^'i ^« appoint proper .ach Right or Share of La^7„"'th^*° }^^^\ a Dividend to Proportion; which Divfa - '"/"^^J7"^^y' '" Ju^ ^nd equal by the faid Court of f>^^r/^r or Share Jf La^ndf divided a' ^f^d" SfZf °' ^"^^^''' pay his, her. or their refoe.^.v^n-jjr."^"'''* or negled tq raid, it fliall and X bfw'f r^^^ or ProporHon as\fore. appointed a. aforelTJ, for y O e o"f h;^?^"" a'^f ^i^ ^^^^'^^ Peace to i/Ibe a Warrant of nXr! J ^f''"^/ ' ^''^'''^'■' «^ ^^e Goods ,nd Chattels for h/ R ' "'/.^'^" "^^'^^ Delinq-^ents gcsof Profecution '"^'"''^ of the fame, with the Char- - aforen -d'; i\ tl, d^ e IlS % '^"^V" "^^ ^^^^^^^^^^ -"- "" " tyVjw/lices of the Peace r^nr /°''«"y ^ncof His Maic/- Land. lie. to iJt out any Pa t oT/^c^nT-^^"^'^ -^=- ^-^^ jnay be fufficient to paT bj he Pr d^ Dehncucnt's Ldnd, that . .. Dividend or Proportio^t'hen a,,.^'"^"« ^^ *c fain., any fuch IV". Provided alwavs Th,t :e ^ ,t ^ ''' ""■"'' l«lni(. th.ir Land, as aforelaid f^.l, r "' """rning ihe f."''" 'W^'i «€rcbyiinpowcfedto hear and deter Lnc ^7 *^^''"'^'^ " ^^^ "'«Q-"«r«« Sciion,. ?* CAP. IV. ■''^ i ;o.' yinno'Tertio R^is Georgii III. Cap. IV. 176 7^2- C A P. IV. Pre«mbl*. f rcvince Treafurer to biriow /"((ooo. And io r, -s a Rf- <<-'|it In 'lie imtiM An ACT to impovv-er the Province Treafurcr to borrow a Sum not exceeding the Sum of Foi^r Ihcu- fartd Pounds^ for paying off Bounties, Premiums, and other Debts payable by the Laws of this Pro- vince. )«}«()9()eC HEREJS the Irr.poji and Excife Dutks have hitherto bten ^IV% infufficient for the Difcharge of the Debts due for liouniiei, Cww§ Premium, and other Debts pay alile by the Laws of this Fro- " vlnce ', And Whereas tijereare many Verjons -wfjo roiv arepof- f'fedofCerti/icates for ^ounfies, Premiums, and other Accounts, which c^r now due and become payable, hut from tfje prefent State of the Province Funds, cannot be imm^diate/y difcharged; Be it Enacted by t/je Lieutenant Governor, Council, andAfemUy, That theTrealurcrof the Province be ;>nd is hereby impowered nnd dire<:njed, to borrow fro;n un.h Petfon orPerff^ns as fhall be willing to lend the fame, aSuni not exceeding Four ThouHind Pounds, and'" the vSnm fo borrowod Ihall be applied in manner as in this Adt is hereafter direfted, and for any Sum or vSum' fo borrowed, the Trcafurer nforelitid fhall give his Receipt Of Objluuilon in the Form following ; . Form of the Re- ceipt. '? ii frfj-u;/:/:^ Nova. Scotia, the 17 SuchRfceiptifo bei»r lii.r.clt at 6. ftf Ci»i, til be «p(li*'J *" pay Bjuntiti, <((• TiEcei^'tiof thf^mof _ -* *■ for the Uf> and Service of the Province of Is ova Scotia, arJinP.f half of (aid Province Ida fjereby promt] e and oblige myjelj\ and Sue- ceJTors in the Office of Treafurcr, to repay the f aid or order, ths ■ Day of . the afore faid Sum ff -with InterejlatiheReteofSis Pounds per Centum ^cr Annum, Wit- mjs tny Hand. • II. And he it further Enacled, That all Receipts to iiTiied I7 th': TreaiTircr of the Province" (hull according fo the Tenor thcn;- cF, bear an Intcrefl at thi; Rate of Six Pounils f.er Centum per Annrm, an 1 fc in Propot tion for a greater or a IcO'cr Sum, and t'lc Trralurer is hereby diredlcd not to borrow, or ^jivc his Receipt for any Sum Icfs than Five Pounds. III. Andbeitalfo furtbtrEnaHed, Thit thcSuuifo borrow'd fnall be applied to the Payment and Dif- barge of tlie Hounry Ccrtiti- tPtcs ai»d Prctniums which are or llidl lu-come due and p.jy.ihlc en or before the Twenty Fifth Day of March. One Thouland Se- ven liundrcd and Sivt/ Four, ayyi fur all other Debts, which became due and payable bv llnJ X iWi qx this Province on Qf he- 176 7^2- afurcr to our Ihcu- ^rcmiums, "this Pro- hitherto bten for lioU'itiei, of this Pro- row arcfof- ts, "which cr the Province ye Lieutenant I-rovincebc futh Pe^fon A exceeding 11 be applied ■ any Sum or his Receipt 17 /, andinP.r- ff'i ani Sue- or order, 'mum. fVi:- "() iiTiicd 1\T I't'iKT thcn:- dntufii per iutn, urul t'lc i Rctcijit foi nrrcnv'd fnall irity Ccrtih- ;ui.l p.iyiMi' 'houUiui Sf- •el)t!i, which cc on of bs-'- »7^3 .i'i'io Tcrt/o ke^is Geokgii Ilf. C a p. IV^ 151. io^c t;ie rwcuty F,f tn Duy of March, One Thouland Seven Hun- dred and Sixty Three. IV. Provided, That the Accounts and Vouchers of all fucH fe- pcratc Debts, fhaH be firll: regularly audited, and certified to be f^"*^"'.-". «c. to juftly. due. bcauuiu-d. Tr«B- y. Provided alfo. That if the Province Treafurer Hionld (hv a Scircitv of Money) net he able to borrow the Sum intended by this f "f'^ ''^".''' '^'•• A: tf;at then and in fuch Cafe any Perfbn or Perfonr, C^ cX^Z fiiall prelent Bounty Bills or Accounts of Money due from the Go- '"'"• vernment properly authenticated, faid Notes or Accounts may be received by tn. Tre.ifurer, who is hereby directed to give his Re- re& '' ^""'* ^"""^ ^"'"'"^ '" ^^'""'' ^'^''^" '^'- VI Jnd provided always, and be it further Enabled, That if there ihould not bo Money fulflcient in the Treafury to d' '"charge the fe '"'""''**'' ^"^ P'*''* ver^Rcceipts ib iilued. ..hen the Ome become pay^.l^at Sc-SS'iT t.icn and m luch Cale the Trenfurer is hereby autboli/.d and dl- F-"*- on? VVi^ "^''*= ^"^"^^ - the fume becc.n...,annn.l!vdu, o^^t o. ui.h Monies as m.y ,hen be in his Har.d. a.ifing fr.ri' the Uut;os of ImpolUnd Exdfe. ° •• J^^-^^^f ^^'^'?^' '^' ^'^' "'''''^'^' "^' -^'f '^ ^^^'''fe the Gover- nor, I^cut-nant Governor, or Comman^.r in Chief, to born^l L f7n^'"' '7V««,W Five hhn.H-J P-.unJu fJ^ayil off . It i>ck Debts and to poftpoue tb: Pa,.n:t of B-'Utia J to>rZ^ l^sbcenjoundtn,u:p;entto jjj E it Enacted by the Honorable the Lieutenant Governor ^ f^ & Council, and ^Jfmbly, That from and after the End of this O prefent Seflion, if any Perfon or Perfons now charged, vOOv or who fhall cr may hereafter be charged in Execution for any Sum or Sums of Money, and fhall be minded to deliver up to his, her, or their Creditors, all his, her, or their Effeds, to- wards the Satisfailion of the Debts, wherewith he, flie, or they fland charged, it fhall and may be lawful to and for fuchPrifoner to exhibit a Petition vo any of the Courts of Law within the faid Province, or during the Intervals of the Sitting of futh Courts, to any Two of the Juf^ices of any fuch Courts, from whence the Pro- cefs ifTued, upon which he, flie, cr they was or were taken or charged in Execution, certifying the Caufe or Caufes of his, her, or their Imprifonment, and an Account of his, her, or their whole Real or Perfonal Eflate, with the Dates of the Securities where- in any Part of it confifls, and the Deeds or Notes relating thereto, and the Names of the WitnefTcs thereto, as flir as his, her, or their Knowledge extends therein; and upon fuch Petition the faid Court or thr faid two Juflices may, and are hereby required by Order or Rule of the faid Court, or by Order under the Hands and Seals of the faid Two Juftices, to caufe the faid Prifoner to be brought up to the faid Court, or before them the faid Two Jufli- ccs, and the fevcral Creditors at whofe Suit he, fhc, or they fland charged as aforefaid, to be fummont-d to appear perfonally, or by their Attorney in the faid Court, or before them the faid Two Juftices, at a Day to be appointed for that Purpofc -, and upon the Day of fuch Appearance, if any of the Creditors fuinmoned rc- fufe or negledl to appear, upon Aflidavit of the due Service of fuch Rule or Order of the faiJ Court, or Order of the faid Two Jufliccs, the faid Court or the faid Two Juftices ihall and may in a fHmmary Way, examine into the Matter of fuch Petition, and hear what can or ftiall be allcdgcd on cither Side, for or againft the Difchargc of fuch Prifoner, and upon fuch Examination the faid Court or the faid Two juftices may, and arc hcrel^y required to wimmifter gr tender w ihf Priigner, tnOaiU to thciiilcdt follow- ing, 1763. id other Ac- and above fovernment, applied for :s borrow'd, irtue of thit 1763^ yfrmoTfrtio Rrg^S Georotf III. Cap. V. ff^''r:n, Apparent, Be^^^^^^ Inp-unients of my Trade or CaHhl Z, "^y f.^mily, and the Tools or. ^'^olej and i/Jl kaveZt att?T^^^ ^'""'^^ ^" ^f^' dlreaiy or {ndireaiy, fold tTd IT/T""^ {^prifonment or before^ made over In Tru/t ormkK '" ^'''"'f' '^^'M'^ i or So help me G O D Oath, nnduponfuch Evamini on .n J '^"u''^^'' ^'^" ^ J'"."- fredfeor, ,., 0;Uli. the Creditors il... S " Xd wi hX t' f '"^ ^'- ^-^ ^Slit^"''' fud Court or the /aid Two Jul! cernTavIn J"'^*^''^"°^' ^'^^ O.'.h. the c^L; o, /-^nnds, Goods, orEffbds con/l T ^ , ""^"^'^^^'^ f^rder the //"•'/^^'""y or.er or then. n. „.y be 11,^^^^;;^ Ihe^l^^^^T"^' ^^^ "-^ "'^^ -''^" '1'e. Jsorthallbechareed ;in,Wf ! P 7 ^ '''^^'"''•^^^^Ii J'e, or ^""^^"""' HKd of the (hid Province and the Keo"'' ^".' 'u '^'^ ^^^^"^ ''^ «", iron, which the PrifonerCboui^^^^^^^ on tl,c Back of the laid Petition fillj k T '^ ^'"'"^ Indorfement totlK-laidCreditors.ortoonTr'mS^^^ of the (aid Creditors, and bv fm^h aT \! '"' '"^"'^ ^^^^ t'.c reil -Hi Property of the L'i^^^^^S::;;^^^^^^^^''''^^^^^^ '^^^'1 !^i- veiled in the Pcrfon or P?> ' "^""^ ^''^^^^ fo aflVncd '^"iie in his, or their own N.m! *^"Xr " ''^' °'" ^"^ Cor the - A^l^;nce.orCo.nmi(non ; o^ X;^'";" T- ''"'^^ ^^--cr l-^alc of the Prifoncr. his, o. her fIv..?^ '''''''^' '"'f "" Ke- ••"y Trudces for hi.n or her f hLuc ^to f"' ^t^'"'■^'•^«^-■S or ' !^: ;»;?,y Bar, and Inui^ediate y upo,? S kt'" ^^^'^'"^«^'*^ 'I'dl ^"d Pr.roncr (hall be difchargej o° otVul /"T" n' f "'"'^"^^^^^ ^''e ^.'•ut.orof the faidTwoJuftkcs Wr ir\ ^ '^Order ofihe fiid . to difchargc the faid Prifoncr. if detiim. J / .i ' 7 "^'"^'^ ''^fon, ^ — ^ _ charge '55- T54- Anno Tertlo Regis Georgii III. Cap. V. »7^3- Prifoner's L«nds, i:c. to be divided anionr; tlie Credi- tor«. If Creditors arc not fatisfied of theTruth of the Prifoner's Oath, before the Two Juftices ; the Prifoiier to be remanded, and the Mattir further en- quired of by the Court, and fuch Creditors to allow the Frifo- ner Eight Poundi of Bifcuit per Week, in the mean Time, on Failure whereof the Prifoner to be Wifchargcd. Practedinpi of the Two Juftitei to be cff'e£\ual, andaRe* cord thereof to be made and returned to the Court. charge and fct him, or lier at Liberty forthwith without Fee: Nnr thall ruchProvollMarlhal, or Gaoler, be liable to any .i.^.^ ion of Efcape or other Suit or Information upon that Account, anJ the Perfon or Perfons to whom the faid EF-^fts ihall be afllgned, pay- ing the Fees to faid Provoft Marihal, Gaoler or Keeper of the Pri- fon, in whofe Cuflody the Party difcharged was, fliall and arc hereby required to divide the EfFeds fo alTigned among themfelvcs, and all thePerfons for whom they fliall be intruded, in Proportion to their refpedive Debts : But in Cafe the Perfon or Perfons at whofc Suit fuch Prifoner was ch:irgedin Execution, or any of them, fhall not be fatisfied with the Truth of the Oath of fuch Prifoner be- fore the Two Juftlces aforefaid, and Avail defire further Time to inform himfelf or herfelf of the Matters contained therein, and fliall infift: upon his, or her, being detained longer in Prifon, at his or their Suit, then the faid Jufticcs fhall and may remand the faid Prifoner, and direft the faid Prifoner, and the Perfon or Perfons diffatisfied with fuch Oath, to appear before the Court whenc" the Procefs iffued as aforefaid, at a certain Day daring the Sitting of the faidCourt then next following fuch Exami- hation, and to be by them at that Time appointed, for the further Examination of the Matters contained in the fiid Oath; Provided the faid Perfon or Perfons fo diflatisficd, do agree by Writing un- der his or their Hands, to fupply and allow Weekly the full C^an- t?«-yof Eight Pounds of good and wholcfome Bifcuit Bread per Week unto the faidPrJfoncr, to be fo fupplied and allowed thePirft Day of every Week from and after theTime of fuch Prifoner's being fo remanded, until the laidDay fo appointed for the fOrtherExarnina- tion of theTruth of thcMatters contained in the aforefaidOath he- fore the faidCourt as aforefaid; onFailure of the fupplying of which weekly Allowance at any Time, the faid Prifoner fliall forthwith upon iipplication to the fiid Court, or to the faid Two Juftices, be difcharged by fuch Order as aforefaid ; but in Cafe the f\id Pri- foner fhall rcfufe to take the Oath before the faid Two Juftices, or having taken the fame, fhall be deteifled of Falfity therein, hr or flic fhall be prclently remanded. III. And be it alfo EnaSted, That fuch Judgment, Relief, and Diredlons by the faid Two Juflices, fo to be given as afort:faid, fhall be as good and efFc(flual to all Intents and Purpofcs, as if the fame had been made in the Court out of which the Procef; ifiued, on which fuch Prifoner was taken in Execution ; and the like Proceedings fliall be had thereupon, and a Record of fuch Jud<^- ment fhall be made up in the fame Foim, and returned, and certi- fied under the Hands of fuch Two Juflices before who i it fliall be made, unto the Court from whence the Procefs on which fach Prifoner was taken in Execution ifliicd, to be a Record of the faid Court, and to be kept as fuch amongfl the Records there. IV. Anti bt it further EnaflrJ, That if on tlie Appearance of fuch Prifoner or Prifoners before the fiid Court i.% .irurcfald, st fu;." 1^ without Fee : •any.i.s.>ion of Lint, anJ the ffigned, pay- er of the Pri- fliall and arc g themfelvcs. Proportion to fens at whofc f them, fhall Prifoner be- er Time to ncd therein, :d longer in all and may ler, and the )pear before certain Day fuch Exami- )r the further :h; Provided Writing un- le full C^an- it Bread per ived theFirft foncr's being lerExarnina- faidOath be- ing of which ill forthwith 5 Juftices, be he faid Pri- wo Juftice?, r therein, h: Relief, anri as afort:f.ucl, fcs, as if the rocefi ifiued, and the like f fuch Judg- d, and certi- 'ho -i it Hull \ wbicb fuc;lj rd of the fjiii icrc. ppenrancc ot iforcratd, •-'- fuw.' 176J. jinno Terth Regfs Georgii III. Cap. V. .h« Tru.h of fuch o2!t!^::^\z^^^si^^ "? Default m appcarin? • or in r-ifr W. 1 ^o juiuces, fhall make h„t Aall b/LabL^'tod f over .nVEfta^'Eff^^^f S^^f ^■ or her. bebg dJtalS^L" 7?^ on aMh^" f .!"«"/r" ''■^• by Writin. undtr his hfr nr ,1,^' ?t i ' ?"• '"d do agree Weekly .hffdlSanrirVoffifStPoTnLf' '.° ^f^^^r ""^ '""''' Bread per Week nntoTh!.^ H P •? °^^°°^ wholefomeBifcuit ed .he firft Dayo'f eve^ We L fotr;' 'l^' V"^ "'"' '""<'- in pnTon a. L. ^:7:':^!^i;:^^stJ!:t^^ ^55' If upon the Piifo- «cr's appearing be- fore the Court, the Creditors fliall not appear, or dicw 3 Probability, that the P/iforer is for. fworn, &c. the i'ri- foncrtobedifchsr;. eJ, unli-fs thcCrt/i. torinfiftonhiibcii.tj 't>nger detained, & agree to the Weekly Allowance of Bre..d; «n Failure whereof, the Prifoner to be difcharged. Vincc, on his Petition to them at anv T.-.^« ^....- T., • '^'^ ^'^°^ the Prifoner peti. vince, on his Petit bn t^ ^hem at anv Time d "^'^ I''''''' ^^^ ^^^^ preferred as aforefaid the Snn ^"V V""^ ^"""^ their Sitting, tio„, during'^^h iVifoner was charged^n Execu^l ^''^^""'^''-^ofc Suit fuch ^'"'"^"^'"'^^ fatisfied with the Sth ofSe ftfd PrS °^^^^^^ ^^^" "°^ be made, but fhall defire further T;.^. T ? ' ' P"'^/ "^ *^^^^ Time the Matters contafned therein JCc ^ n^'''"' h^mfclfor herfelf of the (aid Prifoner, and dYrea the faid pT "^'^ ^"'^ ^^" ^^"^^"'l' Perfons difTatisfied with fuch Oath o fn" "''' '"\*^^ P^'"^"" °'" pointed by the faid Court fome,^^^ ^^X ^° ^c prefent SefTions, for that PurpT 1,^'^^^^ until fuch fecond Dav to the r^m; a ^ ^^ ""^^^ ^^"^^ and hy fuchPerfon orPerfo^s fo dffi. fi ^"°??"^^ t° the faid Prifoner. and liable t^t^e hke Ditha^? r T\'^\^''^^ ^'^ifon^r's Oath «"ce as is herein before S A ^^" "^^^^^'^It of fuch Allow- TvvoMicesarafor/S/An/^f^^^^^^^^ pointed, the Creditor or Cr^A' ^^ H°''^ ^^^y ^" *" he ap- Jall m'ake DeS n appeaH r oM^^^^^^ ^'^'''' /hall appear, but /hall be nnnKW^' /r " ^''^^ ^'^^ ^^^' "^ they ofthePrifonW.oS^^^^^^^ ^Probability yh^ or L^t.^^^^^ Oath, then the fad Cou^rfha^^^^^^^ /■oner to be difcharPed Lnn r T^t^''^^ ""^^ »hc faid Pri- KfFcft. in Maitr afaforeld ^"f /,«^f "»"<=" ^ of his. or her d > .inna upon "hisT :■; t!:^sx^^^:fz ^f "^'-'r' •^'uit, and do ai»rec by Writing unHil:i " .^''^°" '''* ^heir Xunplyand allow wLldv r/n"^?.^^^fe^«'- ^ ■ourt. e f^an ty of Eight Pounds of good ant, mm 156. ^;ino Tcrtio Regis Georgii III. Cap. V. 1763. i and wholefome Bifcuit Bread per Week, unto the ,faid Prifo- ner, to be fupplied and allowed the firft Day of every Week, lb - long as he, or {he, fliall continue in Gaol, at his, her, or their Suit; on Failure of the fupplying of which weekly Allowance at any Time, the faid Prifoner fhall forthwith upon Application to the Court, or during the Interval of fuch Courts Sittings, to any Two Jufticcs of the faid Court, be difcharged by fuch Order as a- r. forefaid ; but in Cafe the faid Prifoner fliall refufe to take the faid Oath, or having taken the fame, fhall be deteftcd of Falfity there- in, he or fhc fhall be prefently remanded. VI. ^n/i fo prevent Perfons who may be charged in Execution from ?mo'e.'rtop'le(cnt ¥^g '"'^ Prijon, Until they 'have /pent their Suhjiance •wherewitb they thejr i'cutioi.is. " jhould Jatisj'y their Creditors, and after-wards taking the Benefit of this j^cl, -where they have nothing left to deliver up to their Creditors ; it _ ,. , . is hereby Enabled, That no Perfon charged or to be charged in Exe- cution, excepting thofe already in Gaol, (hall be allowed or per-? mitted to exhibit a Petition to any of the Courts of Law in this Province, or to any of the faid Twojuflices of fuch Courts, from whence the Procefs iffucd as is before provided, unlefs fuch Peti- tion be exhibited, if before the Court, within Ten Days next after the iirfl: Meeting of the faid Court which fliall be next ^o^fitcr fuch Perfon fliall be fo charged in Execution, and if before the faid Twd Jufl:ices, within Fourteen Days next after fuch Perfon fliall be fu charged in Execution : Tho'Prifoner's f er- ftn be difch irgcd, hi] Lands, &c. to be alwaj's liable. If Prifoner rfter- wards be coiivi£led of Herj»i7 .n lai'I O.ifli, hellialllufl"er ail the Paiiii of wilful Perjury, and may he taken tie Hiva, aiid char- ged again in Exe- cution for the fiiid Debt. VII. Provided always. That tho' the Perfons of the Debtor or Debtors fo difcharged, fhall never after be arrcfled for the fame Debt or Debts, yet notwithftanding fuch Difcharge the Judg- ment againfl him, or her, fhall fland and remain in Force, and Execution may be taken out thereon againft his, or her Linds, Tenements, or Hereditaments, Goods, and Chattels, (his, or her Wearing Apparel, Bedding for him, or herfelf and Family, and neceffary Tools for the Ufe of his or her Trade or Occupation excepted) in the fame Manner as if he or flie had never been taken in Execution for the faid Debt. VIII. Provided al/b. That if any Perfon who (liall take fuch Oath as aforefaid, before the faidTwoJufticcs, or before the fiidCourt as aforefaid, fliall upon any Indidmentfor Perjury, in any Matter or Particulir contained in the faid Oath, bcconvidled by hi?, or her own ConfcfTion, or by Vcrdift of Twelve Men, as he, or Hk, may be by Force of this Ad, the Perfon fo convided (hall luffer all the Pains and Forfeitures which by Law be infli^t^d on any Perfon convifted of wilful Perjury, and fhall be liable to be ta- ken upon any Proccft de novo, and charged in Execution for the faid Debt, in the fame Manner as if he, or Ihc, h:id never been difcharged or taken in Execution, before, and fhall never after- wards have the Benefit of this Ad. i IX. P rovit! 176 3- J763. ^r:no Teriio Regis Georgii III. C a p. VI. faid Prifo- Week. fo rr, or their Allowance )lication to igs, to any 3ider as a- ce the faid Ifity thcrc- cuthnfrom 'cwttb they 'irfit of this editors ; it ed in Exe- sd or per- »W in this urts, from fuch Peti- next after After fuch ; faid Twd \ (liall be Debtor or the fame he Judg- orcc, and :r Lands, is, or her nily, and ccupatiofi ;ver been licli Oath li Court as Matter or iy, or her \ or Hie, hall fuDer d oil aity to be ta- rt for the :ver bcca ^'cr aftcr- Provofl .M.irfhal or ' Gaoler to c. me in as a Creditor for their l-'ces. IX PW.^<.. That, f the EfFe(tbfoafi]gned, niajlnot ex-' end to (afsfy the who. Debts due to the Peribns at whcfc Suit he or (he was charged, and the Fees due to the faid Provoft Marma or Gader there Avail be an Abatement iu Prop rtionV and fuch Provofl Marflial or Gaoler fliall come iii as a Credito. - for what (hall be then due to him for his Fees, in Proportion with the Creditors at whofe Suit he or (lie was charged in Execution! X. Afid be it like-wife EnaSlcd, That every Provofi Marfliil or b;« l'"'^o« Marihai &c. ^2\^fKa Vt' ^fi'7-Minifteraforei^id, oifbndin^ t:^S^ againft this Ad, (hall (over and above fuch Penalties or Puniflt- ^S«- ments as he (l.all be liable unto, by the Law now in Force) L vZl ?^ T '^""'f i"'' P*""^'"^ ^^' ^^'^'''' ^"dpay to the I arty thereby grieved, the Sum of Fifty Pounds, to be recovered vv:th treble Cofts of Suit, by Action of Debt, Bill, Plaint or In- formation, ,n any of the Courts of Law within this Province, wherein no E(ro,gn, Protedlion. or Wager of Law, or more thari ' one Imparlance (liall be allowed. "^orernan XI. y4ndl>e it Ena^ec/, That in Cafes wherein by this Aft jn ^'"'"' ^*«™«' Oath ,s required, the folemn Affirmation of any Perfon bcinrr . tZ'%^''n'V'" dusker. (l.all and may be accepted and taken inZieut^Lra^nd ""'^^*"^^'^- cvay rcrfon making fuch Affirmation, who (hall be convided of wilful and falfe Affirming fliall incur and fuffer fuch and the fame Pains, Penalties and Forfeitures, as are inflifted and impofed '^^ by the Laws and Statutes now in Force, upon Perfons convS of wilful and corrupt Perjury. '-""viuca (halll^;tflT''''l"'^''t''^^ '^^'* "°^^'"g ^'" '^'^' A61 contained, fhall extend or be conftrued to extend, to difcharge any Debto? ur.prifoned the whole Amount of whof. DebtsVall exceed rt.!"",ft^?L":"".^.^^^^^^^ nor that this Ad fliall bein rce. ^•11 TT- », . ^ ~..v^v , i,yji Ulrtl lUIS /\C1 till His Majedy's Pleafure be known therein. No Debtor to be dift'harged, whofe Debts exceed /"lod.' -^^"i JufpendtdtillHi, Majejiy's PkaJ'urt ie knoiuii. Confirmed by His Mijf/ly iu Coumil. C A P. VI. ' An A C T in Addition to an A^, indtlcd, yln AB R'^p^'^J bv Hi, ' for regulating the Proceedings of the Courts of Jttdi^ ^'^^^"^ '" ^^°--'. cature, •' '^ provht: .s R CAP VII. - -t ..,--,-3 IMAGE EVALUATSON TEST TARGET (MT.3) A ^>V ^ ^^^?1 ^^ '# 7 Photographic ScieiK^es Corpordlion 5b ^^ ^\ ^ .^^ ^.m ^t '4^74^ 33 WIST MAIN STRUT WIISTIR, NY M}IO (716) 173 4}03 '^l^ r ^ f Xi8. ■Hi m AnnoTertio Regi^CiEOKcu III. Cap. VII. / '763. CAP. vri. An A C T to enable the inhabitants of the feveral Townfhips within this Province, to maintain their Poor. PrecJioWen of any Towiifliip where jo Families are refi- dei t, may meet on the Ard Monday in eveiy Year, and choofitTwelve Per- fons to aflefs the Fn- haliitcirtj for fuch Sum as fh.ll be gr;intcd for Relief «f the Poor. Such Preeholden to vote a Sum Ainu* ally Inr Kelicfof their Poor. $uch AfCefTon to iflcfi the Frethol- den in equal Pro- portions, who (hall ray the fame 10 the Collcftor, «n Refufal or Ne- £lr6>, the fame to Fe levied by War- jantofDillrcfifrom ooejuftice. ?erfnn« agvrtpved inav «|i(nje, fl.all refufe to ferve in their refpedive Offices each '°"^''"' '""''*'» Perfon o refufmg fhall forfeit and pay to theSvcrfeers of t"; Poor for the U:c of the Poor of faid Townfhip, the Sum of Forty Shdll CoIIeflof to account with and pay to 'he Ovcfecrs ol the t'oor, once in! hrce |Wonthi,aIIMo„i,.3 oy him rtceivcd, on Refufal or Ne. glcd he may be proftcuted in any CouitofRetwd. Overrfersoftlie Pi:or to apply the Monies to the Re- Jiff of the Poor, At pay any JJurplus in their Hands, to their Succeflor*. 40s, CAP. VIII. An AC T to explain and amend an A intitled An Aa for making Lands and Tencmli!, ItabU to the Payment of Debts, i:m^ ^7 "J^J^'^g I;«nds and Tenements lial>lc to the Payment ^''^ . ^ . *^"^''' ^^ " ^'"""S ^^Iff 72i/Wx Enabled, •• rLt //;<. the hovofl Mar/hal or bu D.'pu.y (hall extend (be Executm of any 'Judpnrn^on the Rents only , andjhatlcaufe the Perjon or Peri ;^ Ms m Pofe.hn, v>ðer Debtor or Debtors, or their tenant or ^^ yrta^/s, to attorn ana become Tenants to fuch Creditor or Credi- torsi '^nd If iereoi many Doubts have arifenconcerningfuchDeb^ *' tor 1 6'>» AnnoT^crth Regis Georcti III. Gap. VIII. ^7(^3- Debtors lefufinff to annra as Tenants lotheCreiitor, may be proceeded againll according lo the yVc> againjl foritb!t Entry Cr Detaintr, 32. Geo. *. e. 3. Pe'font in foflenion retufing to ittornat •|^ nant3 to the Cre- ditot, to be pro- crcdcd '■ gainft in like manner. I'ona of the At- tornment. tr.r cr Debtors, cr Perjins in Pojjejfcn, refit/lug to at tern and Lecome Tenants, arid negUBing or refvjing to fay the Rents as the fame It- come due; Be it t href ore Enabled by the Lieutenant Governor, Coiincih and /Ipmbly, That every fuch Debtor or Debtors, or Per- Ions in Polledion of the PremilTes, en which Execution fliall be extended, who flv.ill refiife to attorn as Tenants to the Creditor or Creditors, at the Rent fixed by the Appraifers j or fliall negledtor refufe to pay the Rem as it becomes due, then and in either of thefe Cafes, the IVrfon or Perfons in PoHeflion of the faid Lands or Tenements, fliall be deemed asguilty of a wrongful Detainer, and fliall and may be profecuted as is diredled in and by an Act made and pafs'd in the 32d Year of His late I\lujef>y's Reign, in- titled, An A£t direSling the Prouedings agai J forcible Entry or Detainer, II. And Whereas in the fecond Clanfe of the befre recited A':?, it is among other Things EnaBed, " 7 hat the Provoji MarJJ.al cr his De- *' puty Jl:all immediately deliver Seizin and Pcfefion to fuch Creditor " or Creditors, of all Lands and Tenements, the yearly Rents of *' which Jhall not be fufficient trfatisfy the Debt, C'ofl, and Inter eft ^ " together 'tvitb the Charge of necdfut Repairs, and caufe the Perfon ** or Perfons in PoffeJJion or Improvement thereof to at tern and icccr>:e ** Tenants to fuch Creditor or Creditors, and pay their Rent to him ** or them :" And Whereas this Part of the [aid Act has been found infufficient to anfiver the Purpcfe thereby intended ; Be it therefore further Enabled, That in Cafe the Tenant or Tcrnnts, or other I^erfon in Pofleflion or Improvement of all fuch Lands or Tene- ments, on which fuch Execution fhall be levied, AipH refufe to at- torn and become Tenants to the Creditor or Creditors, .nt fuch Rents as the laid Creditor or Creditors fliall think rcafonablc, and pay the fame as it becomes due, thit then and in cither of thefe Cafes, the Perfon or Perfons in Pofleillon of the faid I.,:inds or Te- nements fliall be held and deemed wrongful Detainers of the Pre- mifl^cs, and fliall and may be profecuted as is herein before dircdcd ' III. And be it EiiaiJed, That the Attornment, fliall be in the Form following. (( /, yf, B, of do hereby attorn and become " Tenant to C. D. of for for the Creditor Rents of d Inter eji, he Per/on nd ieccr>:e 'nt to him een found ' therefore or other or Tenc- ufe to at- I at fuch' ible, and of thefe Js or Tc- the Pre- di reded be in the d become for the •^ Rent oi ^artcrly, enter into Arrcar ; the f.iid r Hand at CAP. IX. An ACT in Adaition to an Aa, mtitled Ar yja iiC72 cr Jl^M'h IT r ■ 1 • ^ , Jriouje of Lorrec- ' J c; tyojk Houfe wtthm the Town ^ HalfAv (i?id for 6;m M9- out tear C^uU^. j ^ "^'^^ax, in tl,c Thirty Thifd Yea J'h"". 't Pf "' Reie JFork-IIoJ, erecudt^'^i, ^n:f^^''''Vi'''''''''^^ vuendedto be provided for hytbea\^^t,u^l '"' "'^r ^^"''''^ tenant Governor, CouLl^J^^ifu' ^^' ^^^^^tcd by the Lieu- Pubh-cation hereof, thfordeif^^n^^^^^ ^^"- from and after the Corredion or Work Houfe n,?l. .^°^'-'''"'"? ^^^^ ^aid IIoi,fc of J^^ T"^'<''-^e t« n their f^art.r ^tf^^^^Z t.t^^^^ .^ ^- ^^eace i^i^^t-- p. IX ;i;eycan. ibr A.ch Ti^^ a', ^^ ^^ ^ "l-".!he hefl Terms ;^.=::,;£!;;; Notice bcihgfirftgiven in the /I/^m ^ r"'^^''^'*'' P^'^^''"^k r^-n-f.hci'nn,) and fuch Mafleror K-.« t' c i/^/z/.w Gazette for thn P irnof<^ . ^'^'"^'•■'"«K^^ewi,, v,A. y "^ Keeper (hall account with thn f.'.A r a-^ . ' ? l<"-p'r of the fui, ^{pons, once m every Three Month. r ' .^'^f ''\"^ J"^>'ces in Houie. &c. as well theE.xpences of a tendhm the fl T'f^ '^'''''''' ^''-^S ni'igs of the fame. '^"^"^'"S ''le faid iluufc, as all the Ear! n. ^'i• be committed thereto, are kcot ,i;i;J »i I. ''crions as M]Uu,fc. nr.of r^My any Abules that may be i!n,nd „ M ^ T ^ '" ^^'''^' ' ^'"^^ ^o ^ 7" """• v^'it -he ^ ' ^''""^ '" ^^'"^ Management tJicfeof. w":).?"' '^'^^ ^'^- ^f^ff jyhereas, by the faid j^ef f!.). j /^ /.-V.^. ... directed tUe^^t^'ji^^j^J^i 7^ ^^^' '^''''^^' .- , /Avv/./^v//CW ofnndreicedJ/Jlil^^^^^ to be ?'^'^ «"'' ^cafc p„.^ /',.* /• n '' y''"-'*-'** ^'■'■^"^b has been attt'ni-i n.-.i '""^ "' (■(• (ent to ^ '/wa., /jr /CaAv/V Ti'4vv^/~ n,, .> ,,. , , "■" J^t'uuicd inch great «...• W..ki„.„:. i,;- ^ * ♦!. ' "'"• ""')'. to U 5/)c thert ti'lwvca. (•'I lil, yinno ^larfo Regis Georgii III. Cap. I. 1764. 1764. the Power of theOverfecrs of the Poor of tlieTown oiHalJJax only, to fend fuch nek and weak Pcrfons to the Woik rioufe, thereto he relieved hy their Diredlion, and the Expence thereof to be de- frayed out of fuch Taxes, or Poor's Rate, as {[\\\\ be granted and colleded for the Town of Halifax. The Claufe re'ating IV. And Whcreas the Chufe in the /aid Act, relating to the bin- to the binding out jj^^ ^^^ ^^^j^ ChUdrcJi and Orphans, is confined to the Toion 0/ Halifax «Te'nd"^tlIfJu"hSc only, ivhich if extended to the other Touns inthe Prwince, might be Province. " attended vAth many good Effects, Be it therefore Enacted, That the faidClaufcin the before recited Ad, relating to the binding out poor Children and Orphans, and all the Diredlions therein con- tained, fhall for the future extend, and be conilrued to extend, to all the other Towns in this Province. At the General Assembly of the Province of Nova Scotia^ begun and holden at Ha- lifax ^ on the Firjl Day o{July^ Anno Do- mini 1 76 1, in the Firll Year of the Reign of Our Sovereign Lord GEORGE the Third, of Great Britain^ France^ and Ireland^ KING, Defender of the Faith, &c. and there continued by feveral Proro- gations until the Twenty Second Day of March 1 764, in the Fourth Year of His faid Majefty's Reign ; being the Fifth Scflion A the Third General Assembly con- vened in the faid Province. F.ng Slat. 8. //. 6. ( 12. Siil. I. a. No Judgment, Ac. to be reverfed lor any Wiit tuivd ir interlined. CAP. L An A C T for amending Dcfctfls in Picas, PiocclTcs and Records. KM)9(58C E it Enai^rd by the Lieutenant Gorrrncr, Council, end /f- r- B '^h'fl'ht That lor Error in any Kccoul, Proicfs or Wui- 6v«S '■•'^"tof ^"o'"*^y' Original Writ or Judicial, Panel or Rc- ^^^ turn, in any Places of the fame r.\^cdor intulincd,( r inany Addition, 1764. Uix only, tb.cre to :o be de- nted and •) the bin- ''Halifax mig/jt be That the ding out cin con- ctend, to ."6. jliino i^ario Regis GeoPvCIi III. Cap. I. 16' J ii^ JiiilcP'i rrav fillKT.vl :;i] J^^, t>s v> hicli -ah: r.jilnii. . 'ition, Subftradion, or Diminution of Words, Letters, Svl- ]a or Titks found therein, no Judgment or Record ihall be rev. 1 or annulled, but the Judges' of the Courts before whom fuch k cords and Procefs.fliall be depending., Ihall I;avc Po^ver to c;c:;mine fuch Records, Proccfs, Words, Plea?, Warrants of At- torney, Writs, Panels, or Return, by them i^nd their Clerks, and to reform and fa) amend, in Afiirmance of the Judgments of fuch Pvccords and Procefles, all that which to them in their Difcr tion f-jemeth to be Mifprifion of their Clerks, in fuch Record, Pro- cefles, Word, Plea; Waj-rant of Attorney, Writ, Pand and Re- ';-^cf.n ^i^pt-js. imn f(i); except Appeals, Indid:ments of Treafons and Felonies, "'" and the Outlawries for the fame, f and the Subftance of the p:o- t i.S^.-.j/r. c. L. ^per Names, Sirnames, and Additions left out in Original Writs, ^' '^'^' ^■'- ^^■ and Writs of Exigent, and any other Writs containing Proclama- tion. ovincc xHa- w Do^ )f the ^RGE rr, and Faith, Proro- )ay of lis faid Scflion Y con- Gco. rroccflcs \ or Wal- incl or Rt- d,( rinany Addition, I. f. 13. Wiitb iifErnir vn- i-yinjr iron! the Re- cord iii.iy Le aim:iidi.tl. XErg.Ftaf.xi.F.Hg, c. 14.-16. is 17. Car. 2. cap. 2i, 1. />«/. 20:!. 5. CVt). I.e. 1 J. /\l';er Vcicict i;o Jiiiigmcnt ftju;i he (lau'ii, Ac. (01 ;iiiy jf)<.(ci;t ill any IT. Jnd be it fur: her Enacted by the ^uthwrity aforcfaid. That * all vVrits of Error, Appeals from Judgments in any Adion, Real, Pcrfonal, orMixt, according to the Courfe of Proceedings in this Province, v/herein there (hall be any Variance from the Original Record, or other D.^fedt, may and Oiall bd amended and made agreeable to fuch Record, by the Courts where fuch Writ or Writs of Error, or luch A^ppeals (hall be returnable;):; and that where any Vcrdift (hall be given in any A.(ition, Suit, Bill, Plaint or Demand, i;i any of His Majefty's Courts of Record within this Province, the Judgment thereupon (hall net be flayed or revcrfcd for any Defert or Fault either in Form or Subflance (b), in any Bill, Writ Origin:il or Judicial, or for any Variance in fuch Writs from th(^ Declaration or other Proceedings. III. Provided ncverth^elefs. That nothing in this Aft contained. Not .0 rvterd fo (lull extend, or be conftrucd to extend, to any Appeal of Felony ^n '^^-is ci idony, Ac. (ja) By Common Law «nMiftakes were amendable the fameTerm. 8. Cc. J56. icj.a.t. ForAmendmentj in fubfcquenlTcrmsinMiftakejofLetterJundSyllablei, vidc£w Siat li til, i. e. 6, 8. C«. 158. «. *' ' ^' The r«f, Sirtt. 8. H(H. 6. e. 11. (from «Iiich 'thii Fira Scflion is trnnfcribed) ffvM Rvmrdy lor Amendni«nt «f Original Writs, Proccfres. &t. Sit ilie ExpofUicn of t\ih Iki.iuiv in Jrth.r Si'aciamore'i C\iU, 8, C». ij^i. «. 'I he I'rofc ("s i» us wcil aminiltblo u.'tir ji'.'gnrtf-nt ni brfi re hy 14. £d. ^ c. 6. but the Power of ameiidiim Rtioid,, Ac. ii t.nly in ^fjinnana i>J tht "Juilgmni, Ac. by 8. //««. 6, f. 12. (h) Whntfver ii «frtntifil to thcCill of the .MX\w cannot be cured after \\xi\Ci f;. MuJ. tA6. and what is Subftancc mulHic determined in every Ai^li > .iccordintj to it» ii.iti.re, and every Aftion mull have ail ElientiaU nccidury to maintain Co. £7iz, -ji. Want of Subflance in the Count wai not amendable, Fwman't Ct^/t, j. Ce. 45. ' Where by Record it «ppcti« that Ph. had no Caufe of Aftion, it 'j not cured by Verdi^ tir ,164.. Anno ^arto Regis Georgii III. Cap. II. 1764.. or Murder, or to any Procefs upon any Indiamcnt, Prcfentment or Information, of or for any Offence or Mifdemeanor vvhatfo- tvcrfcj. CO I. Jac. Mr. C. L.f. ^6. La. C. Eng Stat. 4. ^«. c. 16. y 9. J„„. c. 20. SeS. 7. En^. Stat. 8. y g, fyHi. i. t.iu Sea. 6. n. Sali. 35 a. Plaintiff or Defcn- danc dying before final Judgment, 'Aflion not to abate. CAP. II. An A C T for preventing Abatement and Difcontinu- ance of Suits. ^)}()J(2 E it Enacted by the Lieutenant Governor, Council, and yff. ^ B ^fimbly. That in all Adions to he commenced in any Court y^yHy^y^ of Record, from and afrer the Firjfl Day of Jvne next cn- faing, if any Plaintiffhappen todieafter an interIo:uto, / Judgment and before a final Judgment obtained therein, the ., -h Aftion {hall not abate by Reafon thereof, if fuch Action '..iiVfrht ne originally profecuted, o. maintained by the Executors or Ai'...,- niftrators of fuch Plaintiff J and if the Defendant die pfr^r iu..-i; interlocutory Judgment and before fin;il Judgment thercn M'S'^, ncd, thefaid Adtion fliall not abate, if fuch Ailion might be on- ginally profecuted, or maintained againfl the Executors' or Admi- niftrators of fuch Defendant; and fuch Courtis hereby impovve- red to try the faid Adlion, and to determine and give Judgment thereon, in the fame Manner as if the faid Suit h?A been com- menced by, or againft fuch Executors or Adminiilrators, as ia Right of their Teftators or Inteftates -{-. Ing. Stat. '6.13 <5. n. And be it further Enc.ctcd by the Authority aforefaid. That if /fV//. y c.ii. there be two or more Plaintiffs or Defendants, and one or more of Aaion'may proceed ^^^^^ fhould die, if the Caufe of fuch Adtion fliall furvive , the furviving Plaintiff or Plaintiffs, or againft the furviving Defendant or Defendants, the Writ or Adtion (liall not he thereby abated ; but fuch Death being fuggeflcd upon the Record, the A6lion Hiall pro- ceed at the Suit of the furviving Plaintiff or Plaintiffs, againft the furviving Defendant or Defendants. ■\ By the F.Kg, Stat. 8. W 9. jrill. j. c 1 1, S,fl. 6. PlftinfifF miift proccrrl by Sdrf/.iri.u & ff'rit of Enquiry. This Claufc of the Aft rcfpcfts only the Dcuth of I'a; tics' letwcfn .in interlocutory and final Juil(rment, which wa.i an Alt.itomcnt at L'ommoii La»v. In uh. t Ciif.-i Death of I'iirtics fliall abate the Writer net at Common Law, vi.lc Ce. El. f>iii. Co. Lit. 139. Cm. Car. 426. 3. Mnd. 249. 2. Str,,. 1063. Where the Pica rciiiMni in tlm fame Condition as if the Party deeea(ei< had been living, tliiro, it is a ijcneral Rule, th„t the Death of fuch Puity malicj no Alteration or Ab-.tcmcnt of the Writ " III. A»./ notwithllanding the Death of one of the Parties. 1764. ■>. III. . Real, or the Judj Judgme IV. . where a Name ol niflrator *ion upo V. A. any Juft tices of I making 1 by alterii Oyer anc b lit fuch and othei r;o",s Ji wiihoL" • 1 . SalL 8. An AC row a Nine T^remi of thii " tniums, d hcen found i by a Report confkrahle upon a Foot Be it there! yljh/ibfy, 1 i:n powered as fiull be ^ Thou land I "^' applied i 1764., <*»> 1764- ^nno ^larto Regis Georgii III. C a i>. II. c. b". i><7. I. Death of cither Partj letwecn Verdia and judg, mcnt. iir.i. III. ^W he tt further Enacted, That in all Adlions Peifonal and Real, or Mixt the Death of either Party between the Verdidt and the Judgment inall not hereafter he alledged for Error, fo as fuch Judgment be entered within two Terms after fuca Verdidl*. _ _ _ •**V»i»., IV. ^nd he it further Enacted, Ij the Authority ajorefaid. That e,,^ s,af ,- ^ where any Judgment after a Verd.dt ihall be had, by or in the flf^ri:"^' r^ame ot any Executor or Adminiftrator, in fuch Cafe an Admi- ,'"<«™'""' "'>taincd r^}^t^iovdehonisnonmzyiutfonhz Scire facias, and take Execu- ^^ "" ^^■'^'^"'"^• :ion upon fuch Judgment. y.yhd he if further Enacted, That no ProccTs or Suit before Eng.Sf.KuEj.^. any Jufbces of AjTize Gaol Delivery, Oyer and Termner, Juf- '^7- J-^, 6 t,ces of Peace or other Commiffioners, fliall bcdifcontinued b/the M.^flu!;;: dlf. jnakmg and pubhniingof any new Commiffion or AfTociation. or r''"'"^'' ^^«"«^' by altering the Names of the JuRices of AfTize, Gaol Delivery, '-""'"''^^- Oyer and rermmer, Juflices of Peace or other Commifiloners. b.itfuchnew JufticesbfAflize, Gaol Delivery, and of the Peace jnd other Commiffioners, may proceed as if the former Commif- .io"s. Juices or Commiffioners, had remained and continued wKnou" Alterition. % ' l.Sali. 8. yy, ;. 5,y. j'j. CAP. IL An ACT to Impower the Province Treafurer to bor- row a Sum not exceeding the Sum of Two Thoufand Ntne^ Hundred Pounds, for paying ofF Bounties, T^remiums, and other Debts, payable by the Laws of this Province. Xm^ ■; '^'"^'^ Treajurer to borrow a Sum not exceeding the Sum of ^^ Four Thoufand Pounds, for paying of Bounties, and Pr:L mums, and other Debis payable by the Laws of this Province," has hccnjo^^j tnjuffictentto an/hver fully the Purpofes thereby intended, 'as by ^^^^'P'>f Jrom the Trea/urcr, it appears that there are Debts to a cofjHicrahle Amount which remain yet unfatisfied, ami therefore not upon a Footing as to Inter eft with the other Creditors of the Pro^ma • L'^ ntr ^^"^•'^'''^• h the Lieutenant Governor, Council, and ^, A/hnhly, That the Treafurer of the Province, be nd is 1 ercbv 1 ;V'™""? nnpowered and direaed to borrow from fuch PerfonoJperfon^ l^.-^.^^r 'n r fxl'^''"'^*'' ><-'"'i the nunc, a Sum not exceeding Two '!;: '^''^^'rt ior vh, rhoufmd N.ne Hundred Pounds ; and the Sum fo borrowed flnll * -' applied in Manner as in tliis^Adt is hereafter direfted, and for 1 t ani i66. AnnoQimrto Regis Georgii III. Cap, II. 1764. nny Sum or Sams fo borrowed, tiie Trcafurer aforcfaid fliall give his Receipt or Obligation in the i-'orm foliowin;'-. F'-irm of tiic Re- ceipt. PROVINCE No"ca Scotia, the 176 " -ntLCEIVEDof the Sum of Day of ■ for the Vfe Such Receipts to bear Intercll at the Rate aid per Cii.t. " -^^ and Scriricc oj the Province of No-ca Scotia, and in Bd-a/J cf '* faid Province, I do hereby promije and oblige myjelf and Succefors " /// the Of/ice ofTrcafurer, to repay the /aid or order *' if->e Day of the qforefaid Sum of " nvith Intcrcjl at the Rate of Six Pcu?ids per Centum per Annum. ** V/itnefs my Hand II. And be it further Enabled, Tliat all R.ece:pts fo ifmed by the Treafurer of the Province, fliall according to the Tenor thereof, bear an Intereft at the Rate of Six Pounds per Centum per Annum, and fo in Proportion for a greater or aleffer Sum: And the Trea- furer is hereby direfted to give his Receipt or P^eceipts tor any Sum or Sums (provided the fame be not lefs than Twenty Shillings) at the Option of the Lender, or Perfon intitled to the fame. III. Andbe it alfo further EncBed, That the Sum fo borrowed ihall be applied to the Payment and Difchargeof the Bounty Cer- tificates andPremiums, and of all otherDebts which are or Hiall be- come due and payable by the Lavvs of this Province, and the Ex- pences of theCouncil, and Iloufe ofx^flembly, which p.ifs by Votes y\ccounts to > au- of the refpedlive Houfes. Provided, That the Accounts and Vou- tii'ed.^ chers of all fuch feperate Debts, fliall be firft regularly audited, and certified to be juftly due. IV. Provided alfo. That if the Province Treafurer fliould (by a Scarcity of Money) not be able to borrow the Sum intended by this Adt, that then and in fuch Cafe, any Perfcn or Perfons who ihall prefent BountyBills, or Accounts of Money due, or Votes as afore- fdid, faid Bounty Bills, Accounts or Votes, may be received by the Treafurer, who is hereby direded to give his Receipt or Re- ceipts for the faid Sum or Sums, bearing Interell: in Manner here- in directed. Difpofition of Money borrowe-J Bounty Bills, Src to be rpceived as Cafti by the Trea- furer. Intercfl to be paid annually till tiie Principal (liall be difchargcd. V. And provided always and be it further Enabled, That if there Hiould not be Money futhcient in l! » Treafiiry, to difchargc the feveral Receipts fo iffued when the fame become payable, that then in fuch Cafe the Treafurer is hereby authorized and dirtdled to pay off the Interefl, as the fame becomes annually due, out of fuch Monies as may then be in his Hands, arifing from the Du- ties of Import and Excifc. VI. And 2^^ I 1764- ^«^^%^/"/^i^^^/>GEORGii HI. Cap. II. fliail give Day of' for the Vfe Bd=a/J of Succejfors or order m cf ir Annum. lied by the r thereof, r ylnnum, the Trea- :s tor any Shillings) ne. borrowed jnty Cer- - fhall he- the Ex- by Votes and Vou- aiidited. uid (by a :-d by this who fliall as afore- ceivc'd by pt or Re- ncr hei c- it if there barge the ble, that ! dirtdled c, out of the Du- VI. Md 16/. VI. Jnd Whereas t/j Ac}, iutitlcd « An ^7 /^T^^^ T ;; Province Treajurer to /'orro.o a Swn not e^cccd^^g the SmofF^ir ?f'T" ?^'" ]^;^^'^'l Poinds, for prying 0^ Bounties, Pr^niu^^lnZ "■'^■" ^ f -V r^r' '"'M'^'y rfthe faid Bounty, and Preminm Crrfifl-rf S ^^./^.^^/. areJiU cutflanJng : ^^"^..v^^T'SSf /^ JuJj Certificates or other Debts Jhould bear Interell as th^t:! ". thcnhepa^d^. Be it therefore EnJcJed, That the xllf /Xt^.^? ^nall flate and allow Interefl for all fuch outfland". t Dd.'; ' Manner as prefcribed by the faid Ad. "" ' \Jr^u^itKfi''^^''''^'''''^''^' That allMonle. which mv At the Generai, Assembly of the Province oi Nova Scotia, begun and holden at Ha- I'fax, on the Firft Day o^July, Anno Do- nnnt 1761, in the Firft Year of the Kcignof Our Sovereign Lord GEORGE the Third of G-r.^, Britain, France, and Ireland, KING, Defender of the Faith &c. and there continued by feveral P- iro- gations until the Twelfth Day of Odo- Majcftys Reign ; being the Sixth Seffion ot the Third General Assembly con- vened in the faid Province. ■ « I I JLI ' JIU ' .V ' ; r A m 168. ylnno ^uarfo Regis GiLCv.Gii 111. Cap. I. »764. E.:gSlat. jz.IIai. 8. t. 30. He,-/. I. After an Illiie tried tlicre (hall be Judg- ment given iiot- withftniiding any Mirplcading, &c. EngStat. iz.Hen.%. ^.30. Cnl. 2. When an Atturney Ihall enter his War- lant in Court, Ittg. Slat. 18. Eliz. c. 14. Sea. I. After Verdift, Judg- ment (hall not be flayed 4c. Tor waif. of Form &c. C A P. I. An A C "X for Reformation cf Jeofails and Mifplea- dings, and to prevent Arrefls ^«JReverfals ^Judg- ments, and for the better Advancement of Juftice. )iiW^^ E k- Enabled by the Governor, Council, and Jljjhnbly^ That ^ J5 ^ ifanylffue be tried by the Oath of Twelve or more in- Owww different Men for the Party Plaintiff or Demandant, or for the Party Tenant or Demandant, in any Courts of Record, the Juftice or Juftices, by whom Judgment thereof ought to be given, fliall proceed and give Judgment in the fame, any Mjfpkading, want of Colour, infufficient Pleading, ox 'jeofail, any Mifcontinuance or Difcontinuance or Mifconveying oSr Procefs, misjoining of the IfTue, want of Warrant of Attorney for the Parry, againfl whom the fame; IfTue fliall happen to be tried, or any other Default or Negligence of any of the Parties, their Connfeilors or Attornies, had or made k 'le contrary notwithflandmg ; and the fiiidjugdment fluU fland according to the faidVerdicl, without Re- verfai by Writof Error or falf'e Judgment ,^^) ; Provided, that in avoiding of Errors through the Negligence of Attornies, every Perfon named r.s Attorney in Adtions and Suits pleaded to IfTue, fliall from Time to Time deliver, or caufe to be delivered his or their fufHcient and lawful Warrant of Attorney, to be entered of Record, for every of the faid Adlions orSuits wherein they be named Attorui'cs, to the Clerk of the Ccurt; That is to fay, The At- torney for the Plaintiff or Demandant, fliall file his Warrnn* of Attorney as aforefaid, the fame Term he declares, and the Attor- ney for the Defendant or Tenant, fliall file his Warrant the lame Term he appears ; upon Pain of forfeiting unto our Sovereign Lord the King, the Sum of Five Pounds, for net delivering the faid Warrant of Attorney j to be recovered by Adioa of Debt, Bill, Plaint or Infoimation. II. AndbeitfurtherEna5lcd, That afterVerdldl as afrrcfaid, the Judgment thereupon fliall not be flayed or reverfed, for any Dc- fedlnForm in any Writ Original or Judicial, Count, Declaration, Bill, Plaint, Suit, or Demand, or any Variance in Form only be- twee.a the Original or Bill, and the Declaration or Plaint, or for want of any Writ Original or Judicial, or for any impeifcdl or in- fufficient Return of any Sheriff or other Olhcer (b). fa) Vide I. Danwrs't Ahr^^. 3S2- ^ Collcftion of Antl.ori'irs tranfcribfd Into 1. Bac Abr C i. 01. Settling what IlTues, Picas, kc. are aided or not by this Eig. Staf. 37. //,--•. 8. h>. onlv Omiffion remedied by tJiis E»£. Sua: if the Party's Ncglctt in not filing at wril . $ ihe rm and tiub- .'. 30. The only Omiffion remedied by the Warrant of Attorney. , ^ .„. r, (h) This Ene. Stat 18. Eliz. c. 4. remedies the Omifiions of the prcvailnjr a< other Party Vide I. Bac Al. C. I. 92. Conrtriiaioii and Authorities as to Per il.incc of VVrits, Dec'aration^ Returns, kt. and how far aided or not by this Statute. Mifprifions not amended by Exg. Stat. 18. El,z.\.y\. Sefi. 1. no.- by 32. //,*. 8. r. jq. vide Jrtl^ur B!ackamoit\ Cafe, 8. C. 156. In io ,163. n. Whtre Ly Record it appears Pit. had no Caufc of Aftion, not amendable tho' VerUia p afs for him, 3. Cu. 5 2. *. „ III. And 1764. III. thcreuj: of any . alive, ( any inii Part fe^ ought 1 naming Writs G that wa turn up( ro.s be ; riffs or c the P,.eti was retu in iny £ Infant ur torney th IV. A flayed or Pledg. tr the Nami for want ( not alled<] or other I for want ( mentary, « and Arms, (^r Sirnam Sum or Su any Bill, ] name, Sur Record pr Miflake is whereunto for Caufe, iovnisheis (() I. SU. 6i (J) Cro. Car. (e) This Stat when the Venue J. lev. 122. & ; I'roccfs, acccrdir (f) This exter 1764. I *764- Amo^uario Regis Georgii III. Cap. 1. -—_______ '^9* III. j^ndbe itfunher Enabled, Thaf after V-rHi^^h T . ' Infant under the Aee of On. ■ x, ! v ?■/""' ""S ="' ■orne, therein, anf^f V^eM :^^^r;''r Ir^' "'' ^^^ "^ ''^- ^'• Sum or Sums of Monev £v iCf 1'"^ Demandant or Tenant, any Bill, DeclaaSon o^r'p?^;- "*u°''^'^''' ^y the a..k in Record pTcccZj tTnth-^^ 1? ^ ^n"'' P^^^"^' ^^-^' or Miflake is c .mmhted s or .re ""' ^°" ,"' ^^^^^^ ^'^^"-^ ^hc whereunto the Pk ntiffmiX i,? 7" ''''\ '"^ lightly alledged, for Caufe, nor for wan"^ o^A^^e^ ^^^^^^^^^^^ -^ ^^7" ^he Ime' for nuie is ready to verify 4, W or for no LL'' '^^^ '" ""^' °^ J J J /'^''(■o'^^t or tor not alhdgmgasj/ap/)ears by (0 I. SiU. 61. f*^^ Cr«. Car, 17, 162. 284, 490. l-roccfs. according to ,h= Cour.^- ^thc Con-mon [aw "^' '""* ""'"' »'"' '^°^= i« J"'/ 6^; This extend, not to any MiAakc i„ the Chuflian Name. C... C.r. 2c, liV %*, ij8. a»8. • -a . 20J. Car.z.c.i. Sut.i, ^>J'i Jict fi,pfHes ft. I^l'al Dt/eJi, in zi. J^c. I..f. 13. „„j tidjvdges many Peinft 'tie Form nuhich ixitrt if ore conjlrutd to 61 Suhftamt, and not "idtdhythtformir Statuttt. In what Cafes Judg- ment, ar'ter Ver dift, fhall not be rtaycd for want of Form in Pleadings J'/C. ^n;: ::o '""V,' ■lario Regis GroRcii III. Cap. I. ^764. r.'^. Sfirf. 4. fj,' J, Alt.! c. 16, f!,\-l. I, fcnncd by the Lord Somen, Judges (hall (;ive [Jid^ment 011 De- inuirer &c without if;raidinj» anv D«- leit in Writ Sec. ^idt Eng, Stat, ■i'j.FJiz.i-.i.StSl.t. Record, GV^or thattlicr- isnorigh Venne, foas theCaufc werctriedby a Jury of the proper fh) County or fi) ''lace, where the fkj Adion is laid, nor for that thclncreafe of Cofls after aVerdi£t in anAdlion, or I'.pon a NonGuit in Replevin, are not entered to be at theRequefi of the Party for whom the Judgment is given, nor by Reafon that the Cofts in any Judgment v^-hatfoever, arc not entered to be by Confent of the Plaintiff, but that all fuch Omifllons, Variances, Defers and all other (!) Matters of like Nature, not being againft the Right of the Matter of the Suit, nor whereby the IfTue or Trial are altered, fliall be amended by the Juftices or other Judges of the Courts vv!i<.Te fuch Judgments are or (hall he given, or whereunto the Record is or ihall be removed by Writ of Er- ror, or by Appeal in any Adlion, Real, Perfonal or Mixt, accor- ding to the Uiuage and Courfe of Proceedings in this Province. V. Ami he It further iLyiaSJeJ, That where any Demurrer fliall be joined, and entered in any Adion or Suit in any Court cf Record within this Province, the Judges (hall proceed and give Judgment, according as the very Right of ihe Caufe and Matter in Lav/ ihall appear unto them, without regarding any Imperfcdion, Omi(rion or Defed in any Writ, Return, Plaint, Declaration, or other Plea- ding, Procefs or Courfe of Proceeding whatfcevcr, except thofc only which the Party demurring fhall fpecially and particularly fee down and cxprcfs together with his Demurrer as Caufcs ox the fame, althouirh fuch Imperfedinn, OmifTion or Dcfed be Matter of Sub(tance, (b as fufficient Matter appear in the (aid Pleadings, upon which the Court may give Judgment, according to the very Right of the Caufe, and therefore no Advantage or Exception (lial! be taken of, or for an immaterial Traverfe, or of or for the Default of entering Pledges upon any Bill or Declaration, or of or for the Default of alledging the bringing into Court any Bond, Bill, Indenture or other Deed whatfoever mentioned in the De- claration or other Pleading, or of or for the Default of alledging thu bringing into Court Letters Tcftamcntary or Letters of Admi- niftration, or of or for the Omiflion of by Force and Arms, md (igcunjt the Peace, or either of them; or of or for the want of Averment of Thit he is ready to verify, or of This he is ready to xc- rify hy Record, or of or for not alledging as it appears by the Re- cord, (but the Court Hiall give Judgment according to the very ftf) This givei no Aid where the Tiial ii in an improper County. 1 Mot/, t;. 195, t. MtJ. 24. 1. Stra. 313. 1. Sim, 101 1. CO I. Ln: ao7.. per TnvifJtH, who termed this A;> «n Omnipotent Afl. Thii Statute being a new Law, ihall not be conltnicd according to the Intent againft the 'Vord». (i) I. Satmil. 247. 14R. I. ytnt. 265. J. Uv. 121. The SfM. did not intend to alter the whole Courfe of Trials and to try '1 hinttJ in foreiijn I ountles, and i.iill nir.m that the ..fFjf fliall be iri'-d in the proper County where it ariftj, elf!- it would he impoflible by nvy )Jm to remove the Trial from the County wheri^ the Aflion is laid. Ray i3l. (li I. P'tnt. f^i. Right 17^^4- y^rivo Quarto Rer/s Ceougii Hi. Cap. ]. i;i rovince. Rigntor the Caule as afordlud, Without regardiPi^^ any fuch I,r,- ' like Nature except the f.mt ih^W be fpcdally did particular'v let down and fhewn for Caule of Demurrer.) H'^^^ui^i^y ' ^ ^l'^""^^' 'V"rf/jcr headed. That no Jiui-ment entered unon r -, ;, Confemon. Nik^Uick or A/..>; ;;^,.,.i., ]„ any C^Jl^^ "^iTleMV cord, Ihall be reverfed, nor any JtuigmePt unon any Writ o'Tn i''^^'""^""""T<'i qt^y of Damages executed t}K:.con. be Haid ir h.i,cd fl.r or b^ ^llSl^S;?^' Realonofany Imp(:rfedion, Omiffion, Defed. Matter or Thin-' '■"^■"Mni,ui.-.- r„r;'d?-''V'^ •''' ^^ ^""Ir' f'^'^^'^^^ ^°"'d have been aided and """ '^^■• u r yA^f^'"^' '" "^"^^ ^^"•■'^'^'^ of Twelve Men had been ^iven in the faid Adt.on or Suit, fo as there be an Original Writ or BiU and Warrants of Attorney duly filed as by this Adl is dircdled. Vir Andheitfm-thcrEnattcl That this Aft Hiall extend in all >>/f as aforefaid to allSuits in anyCourt ofRecord. for Reco^•crv of any Debt umnediately owing, or any Revenue belonging to llis Majefty, Ills Heirs or Succeffors. ^ b^^^i's J^^^LF'^tf^^'b''^''- ''"i^''^ F.nacted by the Authority afore- fail. ,^V That nothing in this AcS before contained, (hall extend to any Writ, Declaration or Suit of Appeal of Felony br Mit der 6r to anyhjdiament orPrcfenrment of freafon.FelonJ. or M der Writ, IJill, Adion or Information upon any Penal Statute. IX. ^W^. it fuNher Uracted, That no Dilatory Plea fliall be Plea do by Afiidav.t, prove the Truth thereof, or [hew fome to bable Matter to the Court to induce them to believe that the fad^ '■/. 7, To wlrnttliis Ad iliall not extend. ^V '5''' /• 4. (S'y, ^'//;. f. 16. A".Y.', 1 1, NoDil.i Pivi'lia to liorciii'.cd unltfs on AfliJavit. c A P. n. 172. y^fi/io ^iarfo Regis Georgii III. Cap. III. 1764. 13. Ceo. 2. e. 5. I'icarable. 2. 5ilu 2. c. 9. I'ortr.er Afts ex- tended throughout ihc i'rovince. 1. Cm. 3. t, 9« s. Crf. 3. r. >• CAP. II. An ACT in further Addition to an Adt, made and paffed in the Thirty Third Year of His late Majefty's Reign, intitled An AE} for regulating Petit Juries^ and declaring the Salification of Jurors, rSS^g HERE AS the A5l made andhaffcd In the thirty Third Tear V S of llis late Majejlys Reign, tntitlcd '* An J£l for tegula- wvg^^S " ^'"-^ ^'"^'^ J^^le^y ^ind declaring ihe Salification oj >- 1^& emiuins II. An Tieafurcr bear an Ii and fo in is lereby Sums, frc t'c Optio; herein mci lo!l(jwini^ was jvit Ji HI. An. Trrafu -y n Viir'unnic a^ibll bci _I\^. Pro' i'l'ied by ih V ith tl'itf C '' re a fury. V. Ard!^ I':' the Tr« |ii i.i paid t 17H' Anno Ontario Regis Geokgu III. C a j'. III. ^7y ^f ^^y^^'jl'f' ^/-^^'^'sjor the fiveral Sunn of McnJ^ /,n^a^^t MajcJ/ys h\',pj, tiititU '' An A'i for tki t^.U.f f t m njs , and of an y1:t made and paffed in ttbf SrrmJ y.^^ f ij^ i 01... I i^ouhinntrccfiundredPovnds for paviriir rfftL' t'lMr rtrk*.- j y^P^^P--t^ePay.e.tofBou,McsandkMlJ^ I'arrants: f^r ravedy ,,f,creof\ Be it Enacted i,y tfoe GorSnor cZ cd. and AUe^nbly, That the Treafurer of the Provi, ce be and he t :..;.eby ampovvcred and dircM to take nn. n'Tl ';'",, ' '! ^"i"2niLIe. Warrants for Money borrowed as aforefaid -mH In r ,i '^ -"'s and in ),Vu to give. Receipts in^lanner as is pre^S'b'an Ad^^ad^r «^" '"., ^f?:. pafled HI the Fourth Year of Mis Majcft^s Reign JntTr?i i -^'-i by /.r^i* Att to tmpower tfje Province Treafurer toborrL asTmnTl f" '' ' '' " ' tp Su. on^o noufarutNine llLred P^S^^^^'Ci^ i ; emtums, ^nd other Dct>tspaycbie iy the La J of this Friiruc 11. And be it further Enabled, That all ReceiDt9 fn \(rn.A i .l Treafurer of the Province, fliall. accord hlAoT^t',^^ '^' S.,ch Receipt, to bear an Interefl ^t the Rale of sW^u'd^V;^:^^^^^^^^^^ tl^T^^i^; ond fo m Pronortion for a greater or lelfer Sum and^^T T ' s lercby directed to give his Receipt or Rece ^ts for ,n J"."^"^"^ ^^ums^ provided the f line be not leVs than Tw^ nty sSin^ "\ t'c Opt.on oi the Perfon or Pe.fons pofTdrrd oHhe wT' T .crc.n nKn.ionnl. at.d todate thofe Receipts fo^^^^^^^^ I^U^w^n, .. Day to uhLh the intcrcil le <^ '^IkX^J'.Z r!'li.^t^.ti^^^ the w_to... »'i"'n.ii«c.,f this A.'t, flKill becinrencJbv'^LKr ' ^'l'" '" ?'"""■' Co™.*f aul.ll b=arpoin,cdhy,hcGc„cSAfli;;„w];/"''' C'""'""«''"=" JS:"""- ,J'^' Provided always and be it EnaSJed, fhif ill n*^„- . . ^ 1 .l.cd by Ihc TrcafuMT in Purfuancc of his Ad LlIK '^'' ''^ ^' R-dp,. ,„ be en- Vrel4 before they arc ifTucd from the '"'"«^"^"' V ylrdbe italfh Ena^ed, That (ill Receipts aln-ido .TT i :• 'he Treafurer in Purfuance of the for.'Jr.,rT,?y '?^^'^^ R. 1 reafurer in Purfuance of the former Loan kZ fl ^"'^" "-"''y if 5fjf CAP. IV. :«:s!e« ^74- jinm Sluarto Regis Gecrgii III. Cap. V. 1764. 1764. 3. Cm. 5 r. }. Preamble. R.*PmI of tlie firft Claufe of the Aft recited. 'tiiii Aa not to 1>e in force tillHii Ma. jcity'i Fleafure be known. Ctnfirm'd im I766 hy Hit Majiftj in Couiuil. %t. Cm. 3. t. t\. Prtarablcr, CAP. IV. An A C T to repeal Part of an A6t made and paflcd in the Third Year of His Majefly's Reign, intitled Aji ASi to fr event Frauds in the felling cf Beef ^ Porky Floury and Bifcuit or Ship Bread in Cafks. ^)((5<()(K HEREAS fevcral Tr.conveniencies at J Difficulties have ari- ^ fV wyi'", in carrying info Execution thcjirjl Claufe of an Atl made Qw^w andpajjedin the Third Year of His Majejlys Reign, intitled '• jln A£l to prevent Frauds in the felling of Beef , Porky ** Flour, and Bifcuit or Ship Bread in Cafks," whereby it is EnaSed, ** That all Cajks of Beef and Pork, •which f^ill be fold, expojed to *' Sale, or bartered, or bargainedfof, in any Way or Manner wbatjb^ *' ever, ivithin this Province, fl:all contain, if the Produce of Avntxki., ** not lefs than Two Hundred andTvvelve Pounds of neat Meat, and " if from Ireland, Tbo Hundred Pounds of neat Meat ;" Be it therefore EnflStedby theGovernor, Council, andAjfembly, That from and after the Publication hereof, the laid Firft Claufe in the laid Ad:, intitled An A£l to prevent Frauds in the felling of Beef, Pork, Flour, and Bifcuit or Ship Bread in Cafks, and every Part thereof, be and the fame is hereby repealed. II. Pr^''d '« t'« »»'« jnd Manner as is prefcribed by an Adt made and paffed in the Sme"'"* *"'^' lourth Year ofHis Maicfty's Reign, intitled An Act to impower toe r roil lice Trealurer to />rji-rn'-if n Stjm m/i^ -.v.-.,.,.^;--. j/.^ o. .. ' ^ Tboufand 176. Mno ^ir.rto Regis Georgii III. Cap. VI. 1764. 1764. I'hoiijhnd Nine Humored Foutuis, for paying cf Bounties, P; and other Debts, payable by the Laivs of this Pro'ciiice. '^ir.n.ms^ Such Receipts to bear Interdl ac 0. fer Ctnt, 11. And be It further Enacted, That ull Receipts fo iffucd by the Trcaiurcr of the Province, flrall, according to the Tenor thereof bear an Intcrcftat the Rate of Six Pounds />,r Centum ter Annum and fo in Propo.ticn for a greater or lefTer Sum, and the Trea- fjrer is hereby direded to give his Receipt or Receipts for any Sum or Sums, provided the lanre be not Icfs than Twenty Sh;ilinK« at the Option of tjie Lender or Perfon iiititkd to the fame. Application of the III. And he H aJfo flirt her Etioa id , That the Sum fo borrowed Mcey borrowed, f],,]] be apph'ed to the Payment and DifcJiarge of the Debts, in! curred in making Highways, Roads and L'lidgc" into the interior Parts of the Province. Treafurer :nav re- IV'- Pr^j.v/tv/ r7//3, That if the Province Treafurer fhould (by W^rtPrcX." % 5T'1^°^.^'T^''\"^' be able to borrow the Sum inten- ded by this Ad, that then ana m fuch Cafe, ?ny Perfon or Per- fons who fhall produce any Orders or Warrants from the Gover- nor, for the Payment of the Debts incurred as aforefaid, k:. h Or- ders or Warrants flrall be received by the Treafure-, who is heic- by direfted to eive his Receipt or Receipts, for the Sum or Sums therein fpecifiei, bearing Jntereft in Manner herein dirtded. An'nuallJ^ndnSe ^ V. ^W /; W.^ ^Acw^'x, and be it further Emcted, That if there Principal ij dif- ihould not be Money fufficient in the Treafury to difcharge the le- charged. vera! Receipts fo iflued, when the fame become payable, that then and in fuch Cafe, the Treafurer is hereby authorized and c!i- reded to pay off the Intereft as the fame becomes annually due, out of fuch Monies as may then be in his Hands, arifmg Jro'm the Duties aforefaid. Receipts to be en- ^^- Prvinded alfo, and be it Enacted, That all Receipts to be Th ''i''' i*''"'^''"'' x^w^A. by the Treafurer in Purfunnce of this Ad, Hi. 11 bo enr red o tne Audua. with the Clerk of the Audits, before they arc if/ued ficm the Treafury. A«> for Suppreiing ^^'- ^nd be it EnoBcd, That for the better fccuring the P.iy- ui.iiunfc; Houic,, mcntof the Principal and Intereft: of the Money fo bo rowed is •u conimued. aforefaid, that the Ad, int^tled An Act for fuppre[j,ng imlicenfcd lioufes, and granting to His Majejiy a Duty on Per/dns hereafter to he Ucenjed, and every Clajfe, Article and Matter therein contaimd, be and continue in full Force and Effcd for the Term of Two Years, from and after the Expiration of the Time limited bv the faid Ad, and until the End of the Seffion of the General Ajjlmblr \ then next following. ' ^ An A( row ; Five miun Provi "■■I I <■■ i» C A P. Mr. the Provit row, fror fame, a Si dred Pour ncr as in tl borrowed, gation in 1 power the j ofT^vQ Tho miuiiis, and n. Ana the Treafu of, bear a Annum, ar Treafurer any Sum ( lings, at th in. Am /hall be apj ficaf's and 1 become due Kxpences o of the refpc chers of all certified to i IV. Proi J'carcity of this Ad, th fliall prcfent aforcfiid, fi vcd by tlie 1 1764. cd b)' the r thereof, '• ulnniim, lie Trea- ?.ny Sum BhilJing?^ c. borrowed chts, in- t; interior )uld (by 1 inten- I or Per- : Gover- ns h Or- is heic- or Sums led. if there : the Ic- e, that ■and di- l]y due, ;oin the s to be entered om the ic r.iy- wed .IS \licenfcd i'r to he tallied, ' Two bv tlic Wl. 1764. Anno^iarto Regis Georgii III. Cap. VII. T rrrY Preamble. The Trc.ifurcr to borrow jf a, 500. and give his Re- ceipts for the fame, I. Sep. ^ CAP. YII. An ACT to impovver the Province Treafurcr to bor- row a Sum not exceeding the Sum of Two Thoufimd Five Hundred Pounds, for paying off Bounties, Pre- miums, and other Debts, payable by the Laws of this Province. ^"m HERE AS there are fundry Bounty Certificates, Premi- I ;r i unn, and other Debts, payable by the La^s of this pL M5©^W '%"''' -l'^^ Z'"'''"^"^ ''"f'^''^' ' ^' '^ therefore Enacted by the p ^ Go^rnor Counctl and Afembly, That^he Treafurer of the Province be and he is hereby impowered and directed to bor- row, from fuch Perfon or Pcrfons as fhall be wilhng to lend the fune a Sum not exceeding the Sum of Two Thoufand Five Hun- dred Pounds, and the Sum fo borrowed (hall be applied in Man- ner as in this Ad IS hereafter direded , and for any Sum or Sums fo borrowed, the Treafurer aforefud fhall give his Receiptor Obli- gation in the Form prefcribed by an Aft. intitled An Ail to im po^vertk' Province rrcafure^ «^/ exceedin;r the Sum ofTxvo rhoufandNtne Hundred Pounds Jor paying of Bounties and Pre nmms, and other Debts payable by the LaJs of hif Province . n And be it further EnaSfed, That all Receipts fo ilTued by the 1 reafurer of the Province fhall, according to the Tenor there- Annum, and fo in Proportion for a greater or leffer Sum, and fhc Treafurer is hereby direftcd to give his Receipt or Receipts for pnySum or Sums, W^^^the fame be not left than Ten Shil- hngs. at the Option of the Lender or Perfon intitled to the fame ' III And bt it alfo further Enaaed, That the Sum fo borrowed » ^all be applied to thePayment and Difcharge of the Bounty CeTti- ' ficat'-s and Premiums, and of fuch other Debts which are W n^all' become due and payable by the Laws of this Province and the Expences of theCouncil and Houfe oUfembly, which pal 1 y Vot « ofthererpedivelloufes. Pr.W^.v/. That the Accounts and W c!:^;n:[:;:^j^f(i^r ^^^^^ '-" ^^ ^^^^eguiany aud^^^ii IV. Provided alfo, That if the Province Treafurcr fhouM fbv a ^ , tmAdi, that then and ,n fuch Cal.-, any Per Ion or Perfons who *«=• ^*^2. fl all prefcnt Bounty Bills or Accounts of Money due. or VoteTas > ordau . fa.d Bounty Bills, Accounts, or Votes miy be re" ! Surli Receipts to I'cnr Intcielt at the Rateot6/-eft to be paid Annually. Trcafurer to ftate Intereft on Bounty B1I.S, &c. Receipts to be en- tered with theClcrk of he Audits. or Recc;p^s for the faid Sum or Sums, bearing Intcrcft in Manner herein diredlcd. *■ V. J/?d provt^cd alicm and be it further EnaSJed, That if there fhould not be Money fufficient in the Treafury, to difcharo-e the fevcr.il Receipts fo ifTued, when the fame become payable', that then in fuch Cafe, the Treafurer is hereby authori;?ed and directed to pay off the Interefl: as the fame becomes annually due, out of fuch Monies as may then be in his Hands, arifing from tlie Duties of Impoft and Excife. VI. ^nd Whereas the former Jets, impowering the Province Trea- furer to borrow Monies to pay off the Bounties, Premiums, and other Debts payable by the Laws of this Province, have been found infuftci- entio aifchargethe whole cftheBounties andPremiums, and other Debts, which were to have been difcharged with the Money borrowed by th: faidA£ls, asfundry of the [aid Bounty and Premium Certifcates and other Debts are Jlill outjlanding : And Whereas it is reafonable that fuch Certificates or Debts Jl:ould bear Intere/i, as they could not then be paid'. Be it EnaBed, That the Treafurer aforefaid, fhall ftate and allow Interefl for all fuch Certificates and outftanding Debts, in the Manner as prefcribed by the faid Ads. VII. Provided always and he it Enacted, That all Receipt* to be iffued by the Treaftrer in Virtue of this Aft, fhall be en- tered with the Clerk of the Audits, before they are ifTued from the Treafury. Application of Mo- nies coUefted by Duties, &c. VIII. And be it further Enabled, That all Monies which may be colledted by virtue of the feveral Laws of this Province, and which are appropriated for the Payment of Bounties, Premiums, and other Accounts of Money due as aforefaid, over and above what will pay the Interefl of Money borrowed by the Government, fhall, after difcharging the Former Loan Creditors, be applied for paying off the Receipts given by the Treafurer for Monies bor- rowed, or Bounty and Premium Certificates received in by virtue of this or the faid former A(fts. |«M AttJ of An Re the Ire. beii NE] Pro Af An AC cU, and A in this Pre each Coun: and thereaf nominate c fons, out of of Lines an impowered of their faid thereof, and fhipjand at nominate tv Town Clerl and record a Townfhip, n;Ue Four 01 Two or mor faid Townfli ways, of vvh oMliL^lnvays t'cntc Vicvvc 1764- I 1765. ^nno ^into Regis Georgii III. in Manner at if there harge the able, that id diredled le, out of he Duties wee Trea- and other d infujfici- her Debts f '.d by th: and other that fuch ' then be ball ftate g Debts, Receipt* 11 be en- ied from lich may ice, and smiums, d above rnment, 3lied for ies bor- >y virtue Cap. I. 79- A*- *^ pENERAt, Assembly of the Province •^'} Nova Scotia, begun and holden at Ha- Itfax, on the T^^enty Eighth Day of May, i""" ^°"''"' 1 765, in theFifth Year of the Keign oi Otir Sovereign Lord GEORGE //•^/^//y.KING, Defender of theFaith &c being the Firft Seffion of the Fourth Ge- neral Assembly convened in the faid rrovince. CAP. I. An ACT for the Choice of Towa Officers and regu- lating of Townfh:ps. ■^'^%^ Officers herem ajur mmtimed h lie Gr/J%. r P u Icund inconvenient : Be it Enacljh^.l-'n ^''"•'»". c!h and AJhnUy. That the brtnd trie If tht r 'TC' '^''''''- i.. this Province, at the Court of G W&2^? Tf S""""" each County refneaivclv, nextcnfuinl Z r' m- €''"/•■"" for and thereafter a .nuallyl S F.rft Sw! ^f^'"r'P,"°^ '^'" ^^^ nominate c"t of every^ow^fl^^fn^tf ifitl'' ^^^ JJ-^'" fons, out of whom the faid Court Hv,!! ^^^r.- ^r-^' , " "' ^^'^' of Lines and Bounds of e.4h refped^^ e Kn^n" 'f ' '"^^^^ impowered tofurvoy. examine, and ^fcen fh ti:res:n7t"''/ of their faid refpedive Townfhips, agreeable to thlT ,7?""'^' thereof and whonKdlairobeOvc?feVrs''rfthe^^^^^^ ihip; and at the fame Time thefaidGrand /ury fhal n IH eM "" nominate two Pcrfons, one of whom the CW n 1 ^'^'^.^''"''^^ Town Clerk of the fiid Town wZ rhnlM r " '^'^'"'"^ ^° '^'*^ ^nd record all fuch Matter^nd T L^ i T, ^7''", ^'■"'>' ^" ^"^^'• •^•own..ip. and Hull appertain' Jilrgli^fj^/t^ "Itt ""^ mc Four or more Confl.bles, of whom the Col 1^ , "V" Two or more as they Hiall fee convenfeTt to h. r a'f '^P^'"' faid Townfliip; a.,d alfo (hall noSc L , c, ^°"^^^'''^':^ '" ^^c 'w Viewers, of \vho,„ .hetic^ t:^':^^Z7::: t:z Fence Preamble. Grand Jury at the hrd General Quar- ter SfffionsAnnual- Jy to nominate, and tlie Court to ap- point, Survpyor.-! of Lines and Bcund.s and Ovcrfecrs of liie Poor, Town Clerk, Conftahlej, Surveyor.^ of Hlcl>- i8o. uinno ^anto Regis Georgh III. Cap. I. 1765. Fence Viewers in the faid TownHiip ; and alfo fliall nominate Two Clerks of the Market, of whom the faid Court ihall appoint One to be Clerk of the Market in laid Townfhip ; and fliall alfo nomi- nate Four Pound Keepers, of whom the faid Court fliall appoint a fuflicient Number in their Difcretion to be Pound Keepers in the faidTownfliip; and fliall alfo nominate Four or more Cullers and Surveyors of Fifli, of whom the faid Court fliall appoint a fufficient number in their Difcretion to be Cullers and Surveyors of Fifli in the faid Townfliip: and iliall alfo nominat?e Four Surveyors of Lumber and Cord Wood, of whom l^he faid Court fliaH appoint two to be Surveyors of Lumber and Cord Wood in the faid Townfliipj and fli?.ll alfo nominate Two ScaJcrs of Leather, of whom the faid Court fhall appoint one to be Sealer of Leather in the faid Townfliipi and fliall alfo nominate Four Gaugerc of Cafl;R, of whom the (aid Court fliall appoint Two to be Gaugers of Caflis in the faid Townfliip ; and fliall alfo nominate Four Hogreavc?, of whom the faid Court fliall appointTwo to beHogreaves in the faid Townfliip; who fliall refpeftively be fworn to the faithful Dif- charge of their Duty in Planner as is already prefcribed by the Laws of this Province, and fliall in every refpcdl conform to the faid Laws, and upon their, or any of their Refufal to accept, or. being guilty of any Negledl, or Misbehaviour in the Execution of the Duty of their refpedtive oflices, they fliall forfeit and pay for the Ufe of the Poor of the laid Townfliip^ the Sum of Forty Shil- lings for every fuch Refufal, Negledl, or Misbehaviour; to be recovered upon Proof of fuch Refufal, Negledl or Misbehaviour, by the Oath of one Credible Witnefs, before any Two of His Ma- jefl;y's Juflices of the Peace for the County wherein fuch Town- fliip lies, to be levied by Warrant of Diftrefs and Sale of the Of- fender's Goods and Chattels, any Law, Ufuige, or Cufl:om to the contrary notwithftanding: And if anyPcrfon fo nominated and cho- fen, fliall leave the Province, change the Town of his Refidencc, or happen to die within the Period, for which he was nominated and appointed to ferve in any of the fiid Offices, in fuch Cafe any Two of his Majefl^v's Jufl:lcesof thePeace for the County, fliall and may nominate and appoint a fit Perfon or Perfons, to ferve in fuch vacant Oflice, until another fliall be nominated by the Grand Jury, and appointed by the faid Cwr/" of General Sti'J:ons, at their Meeting next enfuing fuch Vacancy. Not to extend to IL Provided always. That nothing in this Ad contained flnll any Towns that extend, or be conftrued to extend to reftrain any Privileges that corporatcT" '"'"' may hereafter be granted, by any Charter of Incorporation, to any Town or Towns within this Province. Fence Viewers, CIsrk of the Mar- ket, Pound Keepers, Cullers and Survey- ors of Jb'iih, Surveyors of Lum> ber. Sealers of Leather, Gaugeri of Calks, Hogreavei, Perfons refufing to accept, or being guilty of Negledl cr iVlilbchaviour, to forfeit 40J. for the vfe of tne Poor, ?n Cafe of Abfence, •Sl'C. otluTS to be ap- pointed by two JulHcee. Boundary Line, to be run and Murks to be renewed once iiv three Yean, III. And for the better regulating thefevcrar'ToicuJljtps in t bis Pro- vincei Be it EnaSted, That the original Boundary Lines of each and every Townfhip or Diftridl within this Province, fliall he rnn betwixt ^7^5- betwixt 1 Three Ye ors of Lin as diredtec fo appoin and dircdl the adjace fuch Surv( fufing or n tice, bein^ F.^rty Shil Two of hi plaint fliall to the Pei the fame, ; Ufe of the madei and have had ^ faid Bufinei and they ai fuch Line, Tovvnfhips IV. And of Lands la Two Years ney, by the make and k^ by Stones oi or refufing, of which flii the Overfeer and to be h Jiifliices of t of any Field and they'are fuch Way 01 the major Pi and accountc Perfon fliall guofa Part or and Ihall on Proprietors c the lame for 1 Application Fence, or rep fame is infufli to build and , 1765. ^7(^5' jinno^h;io Regis Georgii III. Cap. I. 181. betw.xt Townflup and Towi.lhip, and Marks renewed once in Three Years. ^;^. on the Firft Monday in March, by the Snrvev- as direfted by this Aft, or the major Part of them, and the Perfo;; fo appointed for each refpeaive Township are hieby impowercd and dircfted to give S.x Days Notice to the Pcrfons a'^.poiTd for On s.'. B.,, No. the adjacent Townfl^.p^ of the Time and Place of Meetin./ fo ''^^■' ^"->- fuch Survey and any Perfon or Perfons appointed as afor S, e, fufing or negleamg to attend at the Place mentioned in fuch No. rJ^LfT A^T ■ A .' n. '^^^^^^'■e^^ on Complaint before any ^-'L fu^ic-it 403, l^nt Ll!\ -"^^^ ^f'''' r^r '^' ^«""^y ^'here fuch Con ! fo th. P "r "''t' T^ «"^Half of the Forfeiture fhall be paid the Perfon or Perfons who fhall complain and profecute for he fame^ and th. other Half to the Overfeers of the Poo for the Ule of the Poor of fuch Towns from whence the Compkint vvns made, and whenever the Surveyors of any Townfhip, wS fl^ have had Notice as aforefaid, fl.all refufe or ne^ledt o attend the faid Bufinefs the Surveyors who fl.all have eiven fuch Notice Hrd and they are hereby empowered to proceed !n running and r^akin; Jr\'ff^f^''f'^'/^''^''^^''^> That each and every Proprie. r of Lands laying unfenced. or in any Common Field, fhall once in Two Years on Six Days Notice given him. his Ag;nt: or A«o ncy by the next Proprietor orProprietors ad oining.^run the L nes" make and keep up the Boundaries of fuch Lands orCommon Field by Stones or other fufJkient Marks, and every Party fo negledi n. "r\"^l"& u'f ^""i'V^' ^"'" of Twenty Shillfngs, one S of which fhall be t. the Party complaining, and themherHa"t the Overfeers of the Poor for the Ufe of the Poor of faid Townfhio and to be heard and determined before any One of his Majeftv'; Juftices of the Peace within the fame Country; and the PrSetor of any Field held in Common, whether divided or undivided flS and they are hereby impowered to, order, improve and fence in luch Way or Manner as fhall be concluded and agreed unon hu he major Part of the interefled therein ; the Voice I0 be coll fted ml accounted according to their refpedive Interefts, and f any Perfon fhall refufe to make, keep up. fupport, and mainnin his ?../. Part or Proportion of fuch Fence lb agreed on to be made nd fhall on Notice given him for that Purpcl by anv one of th roprietors concerned with him in the faid Common F'Lld nedeft t^r.: '" ;^' ^paceof Thn.y Days, the Fence vLweT/ha fot Application being made to him. make and fct up the deHc ent Fence, or r.pa.r any Fence already made, if in his Judgmen the fame IS .nft,ihcient. and the Perfon or Perfons, that of Ri|ht "uRht to build and mamtain the fame, fliall pay double the CoAs ar 1 Proprietors of Lands unfenctd, or Common Fields once in Two Vears. on Six Days Notice, to run tlie Lines and k^ep up tlie Boun- daries, or forfeit 20s Common Fields to be ordered, im- proved and fenced, as (hail be agreed on by the major Part of tJiePiopiittor*. Perfons refnfing to fence tlitir Pro,,or. tion, topay,ioubr t'le ' ^n orPerfbns fiialT neglcft or refufe to com- ply with any Regulation made by the Proprietors of any Common Field as aforefaid, which ivegulation fiiall be made annually, he or they Ciall forfeit and pay the Sum of Ten Shillings, for the Ufe of the Poor of the Town where fuch Common Field fliall lie; to be recovered by the Oath ofOne. credible Witnefs before any One of his Majefly's Juftices of the Peace for the County wherein fuch Lands arc, to he levied by Diftrefs and Sale of the Offender's Goods and Chattels, and fhall moreover make Satisfadion for all Damages that may have arifen by fuch Negledt or Refufal. y I . And Whereas many Inconi enicncies have arifen for want of Cat- tle being branded cr cthcrivays marked, that run in Common, Be it "EnaEled, That all and every Owner of any Horfe or Horfes, Neat Ccttle, Sheep or Swine, fliall brand or otherways mark fuch Hoi fe or Horfes, Neat Cattle, Sheep or Swine, in fuch Manner as that th>" fame maybe clearly known; and fhall enter fuch Mark or Brand with the Town Clerk," in a Book to be kept by him ror that Pur- pofcj and the fiid Tov/n Clerk Ihall receive for Recording the faid Mark or Brand the Sum of Six Pence CAP. II. An ACT in Addition to and Amendment of an hdiy t. Gf,. 3. e. 14. made and pafTcd m the Firft Year of His Majcfty\ Reign, intitled ^,1 AB J or repairing and mending Highways^ Roads^ Bridges^ a?id Streets^ and for af- fuiuiivg Sur-ucyors of Highway s.^ within the fevered 'Tirwi flips in thi^ Province. "^^^y^^ E it EnaSled by the Governor, Council, and Ajjcmhly, Thst Q 5o where a new Highway or Common Road from Town to * ^^)9()9( Town, or Place to Place in any County in this Province, New Highways rr ' '^'^^^ ^^ wanting, and where old Ways with more Convc- Common Roads, ta nicncy may be turned or altered -, upon Application made to the be laid out ly a TufUces in General Se/Jions within the fame C'ounty, the Court is Jury, fworn at the r , . , . • ^ . i r .v • t-. « i i General Hefjions hr hereby impowcred to appowU two or three lulhcient Freeholders that Purpofe. of thc ncxt TowHS, who fhall have moft Occafon of the fiid V/;;y, \Si 1765. Anno ^linto Regis Georcii III. Cap. U. 183. to enquire into the NecefTity and Convenlcncy therof, and to m-.xkr their Report thereon, and being judged to be of commcn 'vccel'-' lity or Convenlcncy, the Juftices fliall order a Warrant to t!ic Pro- voft Marllial or his D^^puty to fummo'. a Jury cut of the next Towr.s, to meet at fome convenient Day and Place therein men- tioned, to view and lay. out fuch Highways or Road.s who fliall have an Onth adininiftred to them by a Juftice of the Peace, to lay out fuch Way according to their befl Skill and Jrd?-mcnt, with moft Conveniency to the Public, and leaft Prejudice'cr Damage to any particular Perfon ,- which having done, the Provoft Alar- ihaVi or hib Deputy is to make a Return thc.eof on the Day .ap- pointed hy the Court, as well under his own. as the Hands'ofthe Jurors, hy whofe Oath the fame is laid out, to the End the fame Highways not tc he may be allowed of and recorded, and after known for a Public J^f.j'^^'" ' '■o ^ "' H.'ghwayj and all Public Highways hereafter to be laid out as aforefiid, fliail not be lefs than Or~ Hundred Feet wide. U.^ProvnfM'ioays, and he k £«r7^::ir- Hiohv/ays, Roads, Streets and Bridges, within the "ikmc. V. And Privc.c Roads to be liii(i cut by tlie Sur- veyors of High* WU'S. Not to endamage any particula-- Per- fon without due Recompence. Any Perfon .Titering or encroaching oii any Road, to h Time. VL And be it alfo Enaefut, That all Perfons able of Body be- tween the Age of Sixteen Years and Sixty Ihall be ob]i;.',cd to la- bour at the faid P.oads, Highways, Streets and Bi-idgcs, or pro* cure or pay a proper Pcrfon for the fame. Ptdunblct CAP. III. An ACT for impowcring the Jiiftlces of the Peace for the County of Halifax^ to hold a Court of Spe- cial Sejfiofts of the Peace at Wincijor in faid Coun- ty, for the Tovvniliips of U^ifidfor^ Onjloiv and 'Truro. ymW^ HEREAS the greatExtenr cffhe County 0/ Halifax, and tie ^ W ^ Di/lance between the Town tf Halifax and the Toxcnjhi^t 6f ^W^W ^'"^''"'■' Onflow, S- Anno ^linio Regis Georcii III. Cap. IV. the Genera 'lys Rdgn ^s, Road. Highway miong^ ctba fjjips in tbts t out to tbt Streets^ on aLiJlJigned therein jucb f thein, to 'hall be re^ hd Where- vays, P:oulJ which re- •les of the of all fuch as alio of iveTown- i^s J and at ;t\veen the \bles rtial! s the Sur- Bociy hc- ^cd to la- 5, or pro- le Peace of %- [ Coiin- W and IX, and the 'oli'f/Jhff^ cf '.*>• a/ Pn- Sdlioni cl onvctiicttt r rhat there br, in the Coujitv 185. County of Halifax, in evefy "'-ear, on the laft Tuefdav of Tune o • , and the Second Tuefdav of Odlober a Ri^Aruil Cn,,^, f n • I .' '^^cci.-il Sc/non» to Fiom of the Ppnrr on,^ oh,, TM ^pectalLotirt of General Sef- be held at w,n to ,„r»,r V,';. k ^ prelcntand not hav.ng any Goods or •i"«'fy^.''r- 1,1 A r^- '!"'""'"»• •>", or their Dividend or Pronortion of I-'""" '<" "iL, i.y AilvlTincnt made l,y Conimiffioners of Sewcra nS „, *=' r'W. ,, haU an,l ,„.,y he lawful for any One of" i, Ma e( !■ If nm o( th» Peace for the Connlv «h. ,,. f„,1, T '"■'J'^"y "• Jul- II. ProviJtJ iS6. Afpca! n the C^- Anm^finto Regis Georgii III. Cap. V. ^7^S' II. Provi.-led alivays, That if any Proprietor or Proprietors .." Lands, let out as aforel'aid, fhall think himfelf or herfclf aggrieved by the Procccuings of any Juftices of the Peace, in letting out his, her or their Tands as aforelaid, fuch Proprietor or Proprietors, by themfelves or their Attornies or Agents, may complain to the Juf- ticcs in theix" General SrJJions of the Peace forfaid County, for Re- lief therein. 'i' It %j Frtimble. C A P. V. An ACT to enable the Inhabitants in the fcvera? Tovvnfhips in this Province, [Halifax excepted) to caufe any abfent Proprietor of Lands within the flime to pay a Dividend or Proportion of any County or Town Charge to be affeired according to Law, and to bear their jufl: Proportion in repairing Highways^ P.oads^ and Bridges witliin tjie faid TowniKips re- fpedively. ^^^^ HERE AS there cv e many Non rejident Proprietors of Lands C W S 'within this Province, ii^hofe Lands are enhanced in their Fa- y^y^'^y^ ^'^'-'h' '-'^ Labour of thofe ivho are prefcnt, and the Burthen of the necc(/ary County and Town Charges heing heavy on the r'c- JdentProprh'tors ; Be it EnaSledhy theGovcrnor, Council, and Afeml>ly, That each and every Non refident Proprietor or Proprietors of nt I'lo- Lands in any TownHiip within this Province, (the Townfliin of i'ro,„r,innn7.ii"''' '^^'f^'-^' cxccptcd) lluillpay Of cMufc to bc paid, his, her, or their County ami Town .)"'•- UivKlend or Proportion of all County and I own Charges *'"" hereafter to be alTefTcd in fuch County and Townfliip, and upon failure thereof the fame 'o be recovered as dircdcd by the Laws ini- powcrlng I'uch AirefTment, and each and every Non refidentPropric- tororProprictors of Lands in any TownOiip, iliall be obliged to lio and perform his, her, or their Parts or Proportion of Labour un tlic Highways, Roads, and Bridges, within their refpcdtive Town- lliips, or pay for the fame ns delimiucnt Inliabit;mts arc by Law directed. II. Andheitalfo Enured, That if any Proprietor or Proprietors »/• iwi_v inivmiiviii iiiii»«v III Tiiivikui «iiy ji..i\> kh msa t iu\iMti, aiHi to labour on the Highways Roads and llridges as aforelaid, and nut iiaving any (Joods and Chattels ty wifwcr his, her, or their Dividciid Non rcfidcnt Pro- prietors to j'roportior County aii Charges, atid for Labour on the Highways, Pecce 1k1( prefentatii liiid Cctui -uins of I\ that may \ piiring a C .S'.'Ulm IIo ^7^5' ? 1765. ^nno ^dnio Regis Georgii III. C a p. VI. oprjetors /" If aggrieved ing out his, jrietors, by to the Juf- ly, for Re- 187. c fcveral Lptcd) to the flime 'ounty or /iiw, and Jighivaysy (Lips re- rs of Lands n their Fa~ Burthen of y on the re- el yijjhnbly, prietors of jwnfhin of r, or their 11 Charges and upon I/iuvs im- iitPropric- igeii to ii(» our on tl'.c le Towii- c by Law ropnctor* 111 110 I'cr- vcn in tlic 'roporticii incc, and claid, and , or their Divideiid Dividend or Proportion of any Charge made as aforefaid, it fhill and may be lawful for any One of hisMajefty's Tuftices of tie Peac^ ^vhoare hereby impowced. to let out any Part offuch De in-' quent ^Lamfs as may b. lufhcient to . .y by theProduce of the fame anyluch Dividend, Proportion or Chanic fo due • and in C.T \" Lands of inch Abfentee/ihould not for the prd^n^ ^ o I^eluffi! Afrr ^^V'i' Qiiot:;of his, her, or their Pro^oLn of fuch Affeffment, that then the Lands offuch Delinquent fhall be held chargeable therewith. ^ in. Provided a/ways, That if any Proprietor or Proprietors of Lands, let out and held as aforefaid, fhall think himfelf or her- ef aggrieved by the Proceedings of any Juftice of the Peace in Icmiig out his, her or their Lands as afJrciaid, fuch Proprietor or Proprietors, by themfelves or their Attornies, may romplun to Appeal to the Gt' CAP. VL An Aa for the raifing Money by Prcfcntmcnt on the icveral Counties in tnis Province, for the defraying certain County Charges therein mentioned. W^-^ r '^ ^"f '/' ^y/^'' <^'Overmr, Council, andJlffcmhh, That r c %. ^> ^ [-•"'" ^"^1 ^^fter the Publication hereof, it Hi all an d^^m ay be ff '""• ^^- ^^- m-y^iK ^r^"'. ^^\ '\, f7<--ral C;rand Juries in each of the feveral r , cwr""^'f /" i^" P'-"^'"'"'^. f-^^hcr at the Court o^ AfU-e or C^:eranel]ionsof the Peace held for fuch County, to prefenf an.'iu- allv a proper and ht Perlon one of the Freeholders of faid CoZv o be a 1 eafurer for i^.d County for the Year cnfuing. and S erlon being approved of by the Court, fhall be fworn to the uc I'-Ycufon of hisOrtKc and Inverted with all the Powers and TnU as herein after dire<^ed. » "m 1 ruub, II. M be it further Enabled, That it Hiail and may be lawful rn,s,., „«. "r tne icveral Grand Juries in each of the feveral Couiuies S.n ^'''^:^X.!\, his P ov.nce, either at the Court of y/feor General SeJ/ions oftZ ''"'" ''''"/" ^''- picfcntaticns made thereon by three or more iMeeholJers of the •-"-' '^'''"«ums laid County, orortiicir own Knowlcdi/p of -ill CwK «... 1 "'.^".'''^^""o '" ho tr "' b T? r f ^^"^? '''■'' ^^^^^ w "Z.Ct -^-i:.r;:s t!ut nuy be ablolutcly nccedary to be railed for th. building or re- *'' punng a County a.ol. or for the building or repairing a Court or Svlu.n rioulc, crcft.ng Stocks, Pi!lorics/or Pomuh, and provi- ding ' Grand Jurici nt tha Court t»rw^~f or Vrnend StJicHS of iht I'tacf, to prcfrnt nnmially a pmp(r I'ciloii to lie Ciiun. ty 'I'lciluifr, 10 be .i|>|iii.n,| aiul li^Oiii by ihttComl. 1^2. Anno ^into Regis G^o^GU III. Cap. VI. »76; iEng^lat.i Jac.l. t. lo. Si3, 1. Monicj to be paid into the Treafurer'j Hands, dct. ding Bolts and Shackles, as alfo for the conveying -f* of Perfons ac- cufed of any Treafon or Felony, to the County Gaol, being Three Miles diftance or upwards, fo as the fame do not exceed Six Fence per Mile; as likewife for the fupport of poor Criniinals in Gaol. III. And be it aljo further EnaSlcJ, That all Money fo raifed by Prefentment as aforelaid, and levied from off the Inhabitants of the feveral Counties, (hall be puid into the Hands of the County Trea- furer, and fhall not be applied to any other Ufe than fucb for wl" ' 'H the fame w?.s raifed ; and if any Perfon or Perfons who rtiall b :i pointed in the faid Prefentment and Order thereon, to- be th< 1/4- redlor or Diredlors, Overfeer or Ovrrfecrs of the Work, or the Diftributor or Diftributors of the Money hereby rnifed, for which fuch Prefentment was made, fhall not at iht next General AJjizes or General Sejions of the County, or in a rcafonable Time to be by them appointed, make appear in his or their Account or Accounts, ■with good Vouchers, that the Money fo raifed and received by him or them, Ihall have been expended purfuant to faid Pre- fentment lo the Ufe of the County, he or they fli?ll ftill be charge- able with the fame; and every Perfon fo accountable for any Pub- lic Money Ihall, when required by the Juftices at their General Scffiom or by t\\&y udges of Affi-ze at their General Gaol Delivery t make up their Accounts on Oath, and if fuch Accountants fliall negledt to make a fair andjuft: Account of all fuch Public Money or (hall upon fuch Accounts be found to have fuch Money or any Part thereof remaining in his or their Hands, fuch Accountants rtiall forthwith pay fuch Money into the Hands of fuch Perfons, as rtiall by fuch Grand Jury and Jullices of the Peace or Judges of Af- Jize, be prefented and ordered for the Ufe of fuch County where fuch Public Money rtiall be raifed ; and in Default thereof fuch Perfon or Perfons Co accountable, ihall by the Jufticcs at their laid Seflions or Judges of A//ize at their refpedivo Arizes be committed to the Common Gaol, in Execution, until fuch Accounts (hall be made and Balance paid, or (udicient Sureties given for the fame. IV. Provided always, and be it Enacted, That no Prefentment for the raifing Money as aforefaid, rtiall be confirmed by the fud- ges oi AJJize .^r the Juftices in General Sejfionst until the l.ill Day of th^ Sitting of the fiid Court of Aj/ize or (General Se/Jions of the Pmr, and fuch Prefentment fo made rtiall be ported up in the Court IToufc from the Time of its being made till the fame is confirmed, to the End that all Perfons concerned may have Notice thereof, and oh- jcft againrt and travcrfc (he fame, if they fee convenient. TfiJi'outids //r^M. V. And f" ii'/urfher EnaSJed, That it rtiall he lawful for the fc- toljfuiiowcdiothe vcralGran.. .irics in c.\ch County in this I'rovincc, at the .'i//izcs 6mici». and at the General de//wns 0/ the Peaee to m ikc Prcicntment if they think fit, and for the Judges and JufUcc.-i to confirm the fame, for the raifing any Sum nwt exceeding Ten Poinds />fr Annum, to be Tor thetJfe of County. NoPrerentmentto be confirmed till the tail Day of th« Coori'i Sitting, '765- be paid Station Juries t every 1 who arc the faid Pe !ce, thry arc or \T,ili( any Perl re f life re be appoi ty'sjurti Sum off in any ol M;!ierty' the' Ufe ( VI. y Juflices i mine eac o.u(\ cnnfi hf; afrtifc) niort equ by the Cc under the the Peace and Sale c gl'^'c'^ing t vrr. A> {lu]\ make nicnts, at County, tc fmic (hall I County; at tocoinpoun any Hcdu^ Perfon or f proper Voui g!cet to mal capable to 1 ■■irtirfri A tobeallout-lto th^ Trcafurtr fcr his Strvices. Three AfTcfToTs to I'C appointed b\ the Gmnd Jury and fworn. Hcrfoni rffufinp ,<, accept, forJiit 405. and another to be appoiiucd. 17^5- -^'^"0^'ir.fo Regis Gr.ojiGii III. Cap. VL \"J/'^ '" ''r 7?^=^ each County for I)is Services in thit Station ; and al^ th.t it fliall and n.ay be lawful for f.Id cZd Junes tc, preicnt Three or n.oegood and fuincient Frcchdde s^or every Townflnp m fa,d County, to he Alfcilbrs for f.ud tZIio vho are tc, be approved of by the Court, and are to be fwo n f; the ia.d Court or b.foreany One of His Majcflv's Tuflices of thi PcK-e. to the due and faithful Execution of {he (>ffi to wh ch Ihry are appointed, and that without Favour or Affection IMed orM^al.ce. to the befl of their Slall and Knowlcdg 7 and in Cafe any Perlon. who may be apn:;nUed as AflefTor as afcfrefaid. ond S rcfufe fo accept the faid Office, another Perfon fhall in n ediatfv be appointed in h.^ftead by theCourt.or by nnvTvvo cfllis S ty sju^,ces of .he Peace, and the Perfon fo Jefufing AkJI forfe t the iwV ^i\^^'}'^^y ' P«"' ts of Record, or before any Two of Mis ttn/V-^f ";>■'' and he paid to the Tre.furer of the County, or the Ufc of the County wherein luch AffelTor was appointed. yi. ylrd he it oJfi further EnaFtcd, That the Tudres of y/'r^. ^. Jua>ces in General ^^fjions for each County, ffi U ^ree -^d; ter m.ne eac h relpedbve Town's Proportior. of the Sum fo n et ta . nd confirmed by the (\,urt ; and the Sum f(. proportioned rtnH he nfuiled on the Ininbirants in each Townfl.ip'^ in t ju^^^^^^^^ moft equal Manner tny can devife, and the flu^e flial vied It he Conaablcs of the faid Townships refpedively, by VV rrinl ..ndn- the ll.nd and Seal of any TwoofHisVl.jcfty's Jufcs of lie Peace or the fnd County, and in Cafe of Reful^ by D flre^ ad .Sale of the Ooods and Chattels of the Perfon reftfmg or ne gK'hng to pay the Sums aifefTod on them as aforefaid with L Ourgeot fuch Diilrefs and Sale, returning the Ove plus" any nnd.nCafc any Perfon or Perfons ihall thi.dc themfeive a.tievld hy fuch An.n.nent or Levving tiicreof. they lliall be at L^bertv tn I'PP-l to the next GenerJseMions held for L County who arc^fi! r.a]|y to dctermn,e the fame , and the Money, when fb irvied Hrd be pud .nto th.FIandsofthe County Treafuer. whoi to "w ie i-amc to the Pcrfons, us dirc.^bed in the Prelentment ^ ^ Vir. Mheit Enacted, That the Treafurer in each County ' nicnts at every Court of ^////.;. or G 'vm./ M.;;. I eld forVud "P'-'^--«'.t bounty, to be approved or dil"innr„vf.d K,, r.,/r^ I . . ''^"r <-'og,t of finiMh ,11 K,. fli (• .," Iv fP. ny laid Courts, and the -^^«/orov«r*/ >mc Iiall be filed in the Ori.ccnl the Clerk of the Peace for Aid '^'^'"' ounty , and no Treafure^ or other Perfon or Perfons concerned is to compound for anyMoney to be raifed on fud County nor nnl/« any ncdua,on whatfocver for any Sum he or they ih [l\v ^^^^^^^^ Perfon or Perfons, but fuch as he rr r'ley nv.ll -.ceo , ^ 1 ^ r-P^ Vo,.hcrs; and if any Treasurer J^^ S^o ^ ^ capable to Icrvc as Treafurer d^ain -^ »- r - I' r^ ^ !-. '^-^-11.1, ^,,^ vv Cwiiiinutcd to Gaol i" without 189. Wgf-s of yfj^xe or J.1II1CCS of ,v<^fei,/, todftfiminp rath Town's Proportion. To be lev if d by Warrant from Two JuiUc«. Perfons appnev«l may appeal to tiie next Stjfions, m 190. yinno ^/irJo Regis Ceokgh III. Cap. VII. 1765. witl-iont Biiil or Main Prize, until he frarly accounts with the Court of y1//ize or General Se.l'om of the Peace held for fuch Town or County, and from the faid Court to receive a Certificate of his having palTed his Accounts to their Approbation. CAP VII. An ACT for regulating Servants. rreamWe. yitk Statute tn^iltd in Ireland, l.Gtv 2. t 17 hea. 3, 4, ;, W 7. tothtj c Ef- J'lrt, IJCIlhtlit \ji. i^ 2i/. Si^lknj I.J ibis Si'na''H hirpj for any J crtii not lefs tliaii Six M.Mirhs, to hovca Ltr t incite Ir.im tl . ir M.ilie nr Wiltrds, when dif- Any Perron fiar. bou'iiijf . r iii.cr- tainin^ ;>iiy Servant without fiK'h Cfr- tificaie, 10 Joiieit ^^^)K TIERE/IS great Damage and Inconveniencies have ariferiy '' ^ rtW daily do arije by /If prentices and hound and hired Servants, 'wv*/ defer tins and leaving their Service ivithout a legal Diicharge', V^ and hound and hjired Servants, vL'>^vi,w defer ting at, For Prevention ivhereof, Be itp.nadled by the Governor, Coun- cil, and /ijfembly That from and after the Publication hereof, all Servants bound by Indenture, or hired Servants for any Time not lefs than Six Months, at the Expiration of the Term for which they were hound or hired to fcrve, Onll have from their Mafter or Miflrefs a Certificate or Difcharge of fuch Servants having fcrvcd his or her Time, which fhall be a futlkient Warrant for any Per- fon to entertain or take fuch Servant into his or her Service, and the Petfon hiring fuch Servant Hiall take his or her Certificate or Dill harge, and keep it until the Time, then contradted fo-, he ex- pired ; and if an) Peifon lliall knowingly take into his or hcrScrvice, or knov/ingly Lai hour or entertain, any Perfon who has been in any former Service, without fuch Certificate or Difciiargc, fuch Perfon being thereof convidled at the General SeJJions of the Peace, held f )r the County or Place where fuch Offence fliall be commit- ted, fhill forfeit Ten Pounds ; to be levied by Diftrefs and Sale of the OtTendcr s Goods and Chattels, by Warrant from fuch General S'TOhs; one \ oiety of which Forfeiture fliall he to the Poor of the Tovvnfliip where the Offender refides, and the other Moittv to ihc Informer who iliali difcovcr and profccutc the fame. IT. Provided ahcays, That In Cali* any Perfon fliall refufe to give iranyManerrr'ure j |j, ^^^ j^^.^ Servant a'Certlf jate or Difcharge as aforefiid, fuch Scr- vant may apply to fome neighbouring Julhce of the PcTce of the County wherein futh Mafler or Midrefs inhabits, who fliall givi Notice to the Mafler or Miflrefs of fuch Servant, and require from them rcfpedively the Reafon why fuch Servant is rcAifcil fiich Difcharge and Certificnte of his or her Service ; and in Cafe no Re- gard be paid to fuch Notice, within Five Days, or that the Juf- tice fliall fooner, by a Reply to fuch Notice, find that the Caufe of the Refufalof fuch Difcharge or Certificate was not fuflicient, the. f'tiil Juflice is required to give .1 Certificate thereof, or officii Ileafons as the Mafler or Miflrefs t^avc for refufing fuch Difcharge or Certificate, that fuch Pcrfua who is abuut to hire fuch Servant, may caic to his ,■ crvant Ufon Kis Diicliiiipc, he may appiv to a Julliceof ilii'l'i-ace, wjio 111, ll u'quiru into ihe Cutum- Aancci. 1765. I 1765. Mno ^mio Regis Georgii III. Cap. VII. i9l' niiy he apprized of fuch Servant's Behaviour, and judire thereof be- fore he or he h.res fuch Servant, for which Certificate no Fee flull he p.,d ; nnd the (M Certificate f].all be as good Is if 'e ^Z^^::^^^f' Maaer orM.flreJ. a^d any Servant An, Se... .„„. V no ihiil be com u^c d of rountcrfciting or prodncinjj a counterfei- "^I^^^'-'S =»' yCer- led Cerr-hcarc, under the Hind of anv Miflernr Min-r.rc V ' "«"'«-■, to be pu- tko of the Peace, by the O.th of On^ ^f ^e^ '^S. ^^^^^^^^ '"^^^ ^^^' fuch Servant's own Confcnion. before Two of His Mft^'suf! tl t!^^:^'' """ '^ ^^'^^^'^^^ -^"i'f ^^ ^' ^^^ Di^:retLi^ III. ^^y fM' rtf^n-thcr Ena&ed, That all bound or hired Servant, asaforefnd. who (hall defert or abfent them felves from their M^f ''''™' -'- n-aU v.ci, af ( r the Time by Indenture or Agreement is expfred, double ^:> '^r.'"^^ '^' "'''« ;K.r rHue.fSeivjcefonegleded. and if the Time of thei Pe Pt- t;^:'7 Z^'' ' lonorAMencewas at Seed Time or Harvea. or during thi™.. ?^^'- H.g Sca(l,n and the Charge of recovering them extrnordinary ' e U,urt of Cc,.ralSe/,o,. of the Peace, be.te whom the Coo^lnint f \"T^' ^^'" f^f^^l " '""Ser Time of Service proporti o- nable to theDamage thcMuflcr lliall make appear lie hath fuflaincd. njl'/"'^ ^^'^T'^' -^r '''^■''&'''S ^^'' rhtefuch I.und or hired Servant ^hrddferye, ts oiten referred unrtl the rin,e by Indenture or JrrreaZt ue.'.red, ^en the Mea/We of Juch farther Service .uy l^^^nM ^X '' fVr^ ^' '' ^^^f^'f^ '^'^at the M.fter or Miftref of Co.pr.jne ,0 1. pny Servant fo a.k.frg or nblcnting themfelves. that intends ^o «/" "-'-- K- nke theLVnefit of tl,isA.% fhnll fo Toon as he or fhe h!uh covered """'''^''' fuch Servant, car^y h::n or her to fome One of 1 1,s M.jc'fly's Fuf. tK-e. o. thePcace. and there declare and prove the Time of \l or he^ A.r.nce, and the Charge he hath been at in his or her R.cov^ ' vluch Jua.ce .hereupon ihall grant his Cerr ifu ue thereof, and ^ fe Court (hall and n.ay or. fuch OriiHcate, y.(, fndr^mcn t - e f eak«. „ ,, ,.,. f - ■■^-.. ,., ,,v., ivi inter or VII ere s tor c\ncA '■'^"" " " 'I'-tcr. o^Jjl had l^ige. n.,y and flull. on Application to Two of \k M K^ '"' ic% s Ju bees of the Peace, be herd conccrninr. th « fune Pro .7^/ fuch Complaint bo made within a reaf^^nnble T me i^ot c r" - "V., .wuiuicii, nieiaui u tice; are herehv r^ c Kdicf oi Cud. U.v»„r b/dTfl chirgirij *g^. Appeal to theScf- fiont. ^VMO ^tiinto Rfgjs Gi=:oRGii III, Cap. VH. 1765. ch.uging him or her from their Service, or othcrwile as they may fee fit, and if either Party Hiall not be fatisfied with the Order of the fiid Two Juftices, they may appeal to the next Court of Ge- neral Sejons of the Peace^ where t!ie Matter fliull be finally deter- mined. J 76.;. An h Mailers of VefTfls rot tn harbour, &c. «>ty bound or hired Servant, (Bn Penalty of £iq. VI. Ayid heit alfoftirtkerEr.cElcd, That no Mafter of any private Ship or VelTcl of War, or Mafter of any Merchant Ship or VelTc], coming into, tarrying or abiding in, or going forth from any Port, Harbour, or Place within this Province, fhall receive, harbour^ entertain, conceal or fe':ure on board futh Ship or Vcflel, or fuffcr to be there harboured or detained, any bound or hired Servant as aforefaid, knowing them to be fuch, without Licence oi Confent of his or her Mafter or Miftrefs in Writing, under his or h<.r Hand, firft had and obtained, on Pain of forfeiting Ten Pcmnds lor every fuch Offence; which Forfeiture Hiall be applied and difpofed of, as is diredlcd in and by the firft Claufe of this Adt, and fljall be recovered by Bill, Plaint, cr Informatiort in any of Hit Majefty's C'ourts of Record in th'. Province. VII. And Whereas it often happens, that indented Apprentices or Servants a^e contraEled -with /« Great Britain, Ireland, or other of His Maje/iy's Dominions, and imported into this Province, and there afjigned ever to the inhabitants thereof, without the previous Knowledge or Cwfent of fuch Apprentice or Servant ; Be it therefore Enafled, That before any Inhabitant (hall accept _ , „ of the Afliinment of any fuch Indenture, he Hiall, with the exam lied by a Juf. Parties, go before fome One or more of His Majefty's Juftices affijjned!""''^*" °^ *^-^ Peace, who flnll examine whether the Indenture pro- pofed to be afligned, be made and executed agreeable to Law, and whether the Apprentice or Servant h;is any legal Ohicdlion to the Aflignment thereof, and to determine the Validity of fuch Ob- jedlions, a Certificate of which Judgment Ihall be recorded by faid Juftice or Juftices-f . InJrntures of Ser- vafttj hired inGieat Ijrii.iiii, &c> to be I'crfbnsen the FilTiety Salter, &c cs able of his Diiiy, to forleit hit VIII. Andbe it furtherEnaSfed, That if any Servant fliall en^affe gaolngin and contradl himfelf with any Perfon or Perfons, carryin* on^'the ;! and" not Fidiery, in the Capacity of a Salter, Splitter, or Shorefm^'an, and fliail upon Trial be found incapable, and unqualified to difchargc the Dutv of the Station, for which he fhall have contradcd hini- felf, fuch Servant, upon due Proof of his Incapacity before any One of His Majefty's Juftices of the Peace, fhall forfeit and lofe all Wages due to him for his Service in fuch Employment, whereof he Uiall be fo found incapable. + Qu. & Vide Brit. Stat. 4. Cn. 1. 1. II. extended to all His Majedy's Dominions !b Amtrittt, Sut. 5. for binding Infants to 5>(..iCe by Tranfjiortation to Amcriui—M\A SeJ. 1. for tranfporting Convids, &c. " Entr " Htr:e. " H;ma " her of " faidC "'G;ieS C A P. VIII ,,.r^Stef».rw*r»''i^-g J 7^''- ^'''?<' %/>/A3 /^Cv'V G'jojuai in. Cap. VIIL ^93' C A P. VIII. An A C 1^ in Amcr.dmcnt of y^^ ASi fcr confirmwa- Jiilcs to Lands and Quieting Pojfejfions, '^ 3=- c«. ,. .. 4. ^^^^^•^;l^%^tfV'"''''' '^'^T^h t^'c Genera! yilJcfnblAf Prea.b... ^^ fg^rJortheJ.„ehe,.. or l,s Deputy, Jh.ll'le alLed fi 2 E.fn'0/eve^ Mauonc^ as is by this AB dircrhd to he re^iftU f h . ^;^:i %^^'^f^"^ ^>;dno more, in C^je the {.one do noU.ceed /-«, the Number ofPerfons to fit as Reorefentltiv^Tr " rera,^jl,,My as f„ lows, for the County of Hllifa^ Four for Vhe •!" Co.nty of ^«.^„/„ Two : for the CounV of iiLfor^T J" t Ae ..ounty of W, C™y, Two , for tL County ofCull'rLnd Tw, ; for the County of ^,^r«'. Count, Two- for the f'n m/ f »'«^ Two , for the To^„fl,ipof i/4 .T™ for ,h- To4 llup of W. One , for the Tow„l],ip of 0»/?«; One for the Tov „n„p f ^ ; One , for the Townftip of G™,* One S,Y^,«T*h?x^^r"'"J ''"'^^ fo/ .he TowlS^of for WJlm.^fnn tK« Xi \ a ^mneiit, bt. Joh-isWind- T°*vnf?,ip» of Bar- lor, Wilmoton the River Anna, Louiibour/an» Wihiinf r^'"". &- wWu [own at Canfo, fluUl confift of Fifty lamilies refident n7 r'^ •'""'■" "^'^ thent ck Certificate thereof fl^all be laid bete thS;r;or Lie"' '^"'*''" ''^*^-^' tenant Governor, orCommander in Chipf nf fK« p"^'. ^'^"°'^»f-»eu- every of .he faid Townftips flVa»^be mi 1 'r,r7ea'h, m'' "'' S^ul:"' ''^'- « aforclaid. One Perfon as TReprefentativc in Gw'i;^'';;"" At ig6. Anno Scxio Ri'g:s GroRoii ill. Cap. I. 1766. ij66. At the Generat, Assembly of the Province ci Nova Scot/a., beo;un and holden at Ha- ^ iifax, on the Tivef7ty Eighth Day of A4ay^ Anno Domini 1765,10 the Fifth Year of the R eicjn of Our Sovereign Lord GEORGE the Third, of Great Britain^ France^ and /r^Z^'/i'^, KING, Defender of the Faith, &c. and there continued by feveral Proroga- tions until the Third Day of yunc^ 1 766, in the Sixth Year of His faid Majeily's Reign ; being the Second Sefiion of the Fourth General Assembly convened in the faid Province. CAP. I. An / the inti the Jam Hours c perijhaiji Chief, Co cf, it flii Halifax Meat, P Vegetab] cept in J Profeffio; to the € An ACT for the making perpetual, an A61 made and p-^^jd in the Fourth Year of His Majefly's Rt,ign, intitled An Atl for preventing Nufances^ by Hedges^ Wearsy and other Incumbrances ^ obJlrtiSling the P of age of Fijh r "he Rivers of this Province. Aft -,. G«. J.*-. 2, "^C^^^, E it Ena&cd by the Commander in Chief, Council, and inaJe pcrpctuiil. f/( /J )*( j4/Jemblyy That an Adt, intitled jin Jlt^ for preventing S^jrwS Nufances, by Hedges, JVears, and uther Incumbrances, ob- Jlructing the PaJJ'age of Fiji:) in the Rivers of this Province, fhall be, and the fame is hereby made perpetual, any Provifo or Limitation in the faid Ad notwithftanding. ha. Breton or the Govern, Jl'n, -whetht chimation, i J'ufed to pay . dt is hereby Council, an Proclamatic A'5iv;/, witli Jy be adjudi rity, and Ju CAP. W. 1766. 1766. ^nno Ecxto Regis Gforgii HI. Cap. IJ. [97* 34" Cit. 2. c. 6. CAP. ii. th^e Market Houfe ,n Hal.fax, «« '.™£i„g ,„ Meat Pr,,Zr, J D° '? *"*" Qaantities of dead Butcher's '•'•■/" ("■^& "■cat, J-oultry and Pigs a ve or Ar^.\ B„, ., ,-* '>utcners Coun.rydcadM™ celf ^n^'JSr^rH""'''^ '° --e" and^^o^^re'rerf^Tl^l-t: ^^^S^^^^^X .0 the contrary nol^^ithftand „g '' ""^ ^^"'' ^'""^^^ °'- ^^lom CAP. in. ■^leftvU n ^°'.*\™°:;^ ^ff<=«"al Recovery of His Ma- in'/ itds Ti^eif"^ °^^^^^ ^«-' "^'- >A Breton or Jfle Royal, W/^ //w./zt r^ ^v ^'.J^^" ^'^^^Cape the Government of^^,\ Scmia Jf/m'^'^t "^J''''^' 'f'^^^^°' ^0 Jen, 'Whether the Laws oftlhPr^ ^f^ereasfime Doubts have art. damation, are in fore there- 7nJT\ T't"' '" '^^' ^^'^ Prl ' ffdtopay His MajeJl/sDues • InO±''P ^/'^°"' '''''' ^'^^ -- ly be adiudged to have ten .fc,,^-'-^ ^^ail according! my, and Jurirdiftionof this His aC '.^ 0^°'*^'"'^"^^"^ A"th?. -jj-v ••' - rovmce, aiid tliat the ^ J:ihabitants W«..ifl.e itfurthcr EnaSJcd, That the Colledors of Import and Excife Duties, or any other Otlicer appointed to receive His follc'io! [^"fJc'tbr" Majefty'G Dues there, fiiall be and are impowcred to profecute, lui rcc.ncr any fue for, and recover, in any of His Majefly's Courts of Record within this Province, any Duties, Cuflonis, Excife, Rents, or Arrears of Duties, Cuftoms, Excife or Rents, or any Debts or other Demands whatfoever, due to the Crown from Perfons rcfi- dinj^ in faid Territories ; and fuch Courts in which fuch Caufes are commenced, are hereby authorized to hear and determine the fame, and to award Execution accordinsrly. Collt'(!\ors of Im- port ii. d F.xclfe iin Duties, kc in any Court of Retor<(><(>0 HEREASfcvu! Doubts have arij'en, ivbether an Act made t. W jt ^"^"^ p^J}'^'^ ^^^ ^^^ Thirty Second Tear of his late Majcjlys ■f ^ V Reign, intitkd An k&. ioT preventing Perfons leaving )'*(*<> fi^e Province without a Pais, doth extend throughout this Province ; Be it EnaBed and Refolved by the Commander in Chief, the Council, and AJfembly, That the faid Ad and every Claufe ind Article therein contained, be conllrued to extend and fluill extend to the whole Province, and that all Pafles (hall be given out either by the Secretary of the Province, or by fuch Perfons is he has or ihall der -n for that Purpofe. CAP. V. An A C T in further Addition to and Amendment ol an A6t made and pafled in the Thirty Third Year of His late Majcfty's Reign, intitled An ASi relating to the AJjlze of Breads and for afcertaining the Standard of Weights and Meafures,^ iWHin HERE AS in the AS} relating to the AfrzeofUrend, and for ^ fV ^ afcertaining the Standard ofli\ightsandMetifiires, the Duty of ^wwW the Clerks of the Market is not fujfic lent ly provided for or fet forth, nor any Penalty afixed te- '..>eir Negletl of Duty: ArJ IVbtrcas Ctljh great I'sauds ^nr daily pra^fj Ay Ihdi-rj Hftd Se/hs f Urcad: 1766. ^nno So: f J Rrgis G EORGXi tU. Ca?. V. igg. Clerks oftlie Mar- ket tovifitthcU.ikc iloiifcs, ^^c, once every Week, on Penalty of 401, .^reai^: For Remedy r'kreqfi Be it Enacted hy theCotmnander mCbnf, Cciincil, and yllj'emhly. That the Clerks of the Markt^t in the fcve- ral Towns or Tov. nfliips in this Province, wh-jre Bread is inadeand fold, fhall vifitthc: Bake Ploufcs, and the Houfcs of all and every Perfon or Perfons felling Bread, at lead One Day in every Week during their Continuance in Office as fuch, and if they nededt to perform their Duty therein, they (liajl upon due Convidion at the General Sc/jion.^ rf the Peace, forfeit the Sum of Forty Shillings each, to he recovered on Complaint before the faid Seffions ; which Fine niall be One Half to the Poor of the Town or Townfhip to which fuch Clerk Hiall belong, and the other Half to him or them who fliall complain and profecute for the iame. ir ^W/v it further Enacted, That every Baker or Seller of B.,ker, tn..ke Bread, (liall make his Bread, commonly called white Bread, of wi-i"- Bread of the the r lour of Wheat only, and if he Hiall make \\{f the n ,. Pence, fh.M Qiiartcrly make an Afll.c of Bread, and caule the ^^'vt't^t lame to be athxcd up at the Market Place Weekly j and alfo jrive •'" '\"i«"n-re«J a Copy of the fame to the fevcral Clerks of the Market, "* ""^ ^""•"' CAP, Vf. 200. Anno Sexto Regis Georgii Hi. Cap. VI. 1766. CAP. VI. An ACT againft Forcftallers and Rcgrators. \% Whofiiaii be dee- med a I'oreftallcr. Who rtinll be dec- mi.' J a Ri'giatoi-. Prrfims pulli of I'orellalliiig or Re- grating to be fined not exceeding ^.10. or to ru/Tf r Two Monthti Imprifon- ment, )5()^)!(^^ E it Enacted by the Ccmmander in Chief, Council, and Af- fB -i^; Jembly, That from and after the Publicatiun hereof, what- y^y0i foever Perfon or Perfons Avail buy or caufe to be bought, any Vidluals of any Kind whatfoever, coming by Land or Water towards any Market or Fair already eftabjiflipd, or that may hereafter be eftabliflied in this Province, to be fold in the fame, (except at the Diftance of Ten Miles at leaft from the Place where fuch Market or Fair is to be held or kept) or fliall make any Bargain, Contraft, or Promife, for the having or buy- ing the fame or any Part thereof, or ihall make any Motion by Word, Letter, MelTage, or otherwife, to any Perfon or Perfons, for the enhavcing the Price or dearer felling any Kind of Viftuals or Provifion for the \jic of Man, coming by Land or Water to- wards any Market or Fair as aforefaid, Ihall be deemed and ad- judged a Forellaller. IL And be it further Enacted, That whatfoever Perfon or Per- fons (hall by any Means, rcgrate, obtain or get into his or their Hands or PolTelfion, in any Fair or Market, any Corn, Hay, Fifli, Sheep, Lambs, Calves, Beef, Swine, Piggs, Gee(e, Ca- pons, Hens, Chickens, Pidgeons, Plares, or other dead Vidluals whatfoever, that'fliall be brought to any Fair or Market whatfoever within this Province, to be fold, and do fell the fame again in any Fair or Market holden or kept in the fame Place, within One Month after puichafing or receiving the fame, dial] be accep- ted, reputed, and taken for a Rcgrator or Regrators. in. And be it alfo further Enabled, That any Perfon or Pcrfon«! who (hall be guilty of forertalling or regrating, contrary to the Intent and Meaning of this A(Ji, and (hall be duly convicted in any of His Majcfty's Courts of General Seffwns of the Peace for the County where the Offence is committed, (hall be fined at the Di(- cretion of faid Court, in any Sum nt)t cxi ceding Ten Pounds, and for Non Paymcni; rf his or their Fine, to tuffcr Impri(bnment at the Difcretion of the Court, > ot exceeding Two Months for each and every Offence J nnd that One Moiety of the faid Fine and Forfeiture, be for the \)(ii of the Poor of the Town where the Offence has been committed, and the otiicr Moiety to him or them who Hiall fuc for the fame. CAP. \U, m 1766. ^tnno Sexfo Regis Georcii III. Cap. ViL eoi \ c. 4. Sed. 9. " No Perron to fet up .1 i'chool until lie fli.ill bf cv:iinii!eij I'y ilicMiniikT,.>\:i:. 'it'tlie Town, ;is to Jiis Qii.illfications (or till- Inllniillioii of Clilldien, to be ceriificil to ilieCio- vi'rn()i,^-c. in Older fnr liis obtaining a Licence. C A P. VII. An A C T concerning Scliools and Sclioolinaflers. W^^ fJ'^rf''' ^ t Cc,.:;ancfcr in Chhf, Council, and ^[jhn- yi ^ ^ V. i h;^t no Pcrfon hereafter ih.U fct up or keep a C,4m- >X»;i(/^-^^^ ^'-■'^^^I vm^''" '^'''' P'-ovince, till he Hiall have ^rfl be'^n exnmmed by the iMiniftcr of fuch Town wherein he popofes to keen uch Grammar School, as to the Qnalincation V" U.cInftrudtjonofUulJren in fuch Schools ; and^vhere no Mi- n.flcr (hal be fettled fuch Examination fhall be made by t vo Ji'.fticcs of the Pence for the County, to.e.thcr with a Certificate horn at Icafl S.x of the Inhabitants of fucJiTown. of theMo and .roodCondudof iuchSchooImafter. which H^all be tranfmS , he Governor. Lte..tcnant Governor, or Commander in Chief for t le l.me bem^T. for ohta.nmg a Licence as by His Majefty's Royal Iwrrrua.on ,s uueded ; and that no Perfon fliall fet up or keep a School for the Inftrua-.on of Youth in Readin.^ VViidn^., or A- mhmctic. w.th.n the TownH.ip of 7/.^/.., without fuchExami- naaon.Ccrnficatc and Licence or in any other Manner than is bcloreu.rcdal, and eve: y fuch Schoohnafler who fl^all fet up o k'cp a .Vnool contrary to this Adt ihall, for every Offence for- est the bum of Thre. Pounds, upon Conv.dion^ before Tw^ Jurtues of tb" Peace of the County where fuch Perfon fh.all r^ nf. knd t,, be levK-d by Warrant of Diftrefs, and applied for th die •I he School of the Tc.vn where fuch OfFcnVc fliall be com' IiilllCCI'j". f-^H)^7'if) '^^' T ^'''■'^?, ^^^^^ rrcAmie to ent.r upon the pn.ntvd to he taken inih-ad ni the Oaths of AUc-iance and Snn.I. "'■^- 3- ^- 4- ...jclty s Courts, or as fhall be dirc<5>cd by the Govrnor I ieu t.n ant Governor or Commander in Chief for the Time' bcinL-' r r And .f any Pop.lh Ueculant. Papid or I>er(bn prolcHM!^ he ^ '^)n^^ . c, pil Kchg.on. (hall be lo prefumptuous as to fet up •.;^. ^chool ^" '•*""• '-fA..!. ;;■':;;,;';; MJ;;"' ^^f'^^rii^r^^' ^.h ck;;^erS n^^^)....- W I ■ '^''"'■'* '"'^"' ^ '"■^■^' ^^^'»f'i'^ iniprifonment with- ''"^^ *^''" '''^'" •" oui j.rui or Mainj>ii/e, and (hall pay a l''ine tn tlu- k'; ,r 'i- "P '> Sthoui. flwiil i;;.nd. , and if .Ly One jlull r.fli^ L \Z thf laU ;L ^ .:;; S^^^^fi., I'.I u r,be the Declaration, he fhall be deemed nnd taken to be a Pu ' '"^r.i'-'-«. piihRcculant for the Purpolesfu before mentioned. ' 7; *'!' ff^'^'ZT ^f- ^^"J'f' ^"'•' ^"'^ thl>'^'<> order that Four l(:nd,rd/!crarf Und m m:h rov'»//,ij\ Jhul he mwted to nnir,- :<^o Acre, of r.and tv of Lands (b I b'' *"• k>! f I'liWl/- T *• - *t- r • ' 11 • ^v- '"" ,..,"""' , '- • 'f*-" "• » lUJtcwa fur the Uiui tupyk', and fuch '/,"''"'/«' '"•«» f «. Strn. 10:;. J. IVcit \\ili:um. 3». Cox'* Ciifs, 3^ TmAees Any PerHin rettintr up a School wiiluiiit Licence, to Corl'tit /";■ i'or every Ol'- fencc. r {62, jinno Sexto Regis Georg II III. Cap. I, i'/66. Truftees ftnll be and are hereby enabled to fue and defend for and on behalf of fuch Schools, and to Improve all fuch Lands as fliall be mofl for the Advantage and Benefit thereof. At the General Assembly of the Province of Nova Scot/a^ begun and holden at //a- lifax^ on the Twenty Eighth Day of May^ Jnno Domini 1 76 5 , in the Fifth Year of the Reign of Our Sovereign Lord GEORGE th^Tlnrd^ oi Great Britain y France^ and Ireland^ KING, Defender of the Faith, &c. and there continued by feveral Pro- rogations until the Twenty Third Day of OBober^ 1766, in the Sixth Year of His faid Majefty's Reign ; being the Third Seffion of the Fourth General Assembly convened in the faid Province. Pretmbit. Brit. Sut,€,Gtt,it I. 37. Sn'f. J. W \. Get. a. (. 41. V/fl. 3. UnUwfully break- ing Uowii the Bank OMiny River, Hs. F> lo.iy wtthoMt tlffgjr. CAP. I. An A C T to prevent the Cutting or Breaking down the Bank of any River, Seabank, or Dykes. ^yf^ym here as there are large TradhofMarJJj LnnJs ivithin this ^It^^ Province (fyked in, great Part of which arc, at this Time, un- ^^^C der a£lual Improvement, from which great Advantages tnujl arife ; and as the dyking and draining thofe Lands arc at tended •with a very great Expence, which Expence and Advantages may he lojl, to the Ruin of many mdujlrious Perfons, by wicked and evil minded Ptr- fons cutting or defiroying faid Dykes, or the Piles or Pickets which are drove^into the faid ^Marpes, their Banks or Dykes i For Remedy whereof. Be it Enabled by the Lieutenant Governor » Council, and Af femhly, Thit if anv Perfon or Perfons, from and after the Publica- tion of thlsAft, (liall unlawfuly and maliciouny break down, or cut down the Bank or Banks of any River, or any Scabunk or Dykes, wb-ereby any Lands flxall be overflowed or damaged, every Perfon (o ottcnding, mm 1766. A'!no Sexfo Regis Georgu III. Cap. I. 203. offending, being thereoflavvfuUy convided, fliallbe adjudged guiltv of Felony, and lliall luffer Death as in Cafes of Felony, without Benefit of Clergy. II. M he it further EnaSted, That if anyPerfon or Perfons Hiall, at any Time or Times hereafter, unlawfully cut off, draw up or remove and carry away, any Piles or other Materials which are, or at any Time liereafter (hall be driven into theGround, and ufed for the fecuring any Marfli Lands or Sea Walls, Banks, or Dykes, in order to prevent the Lands lying within the fame from being over- flc'ved and darnageu, it (hall and mav be lawful to and for any Two or more of His Majefty's Juffices of the Peace, refiding near the Place where the fliid Offence or Offences (hall be committed, and fuch Juftices are hereby refpeftively authorized and required, upon Complaint or Information upon Oath of fuch Offence, to fummon the Party or Parties fo complained of, or to iffue their Warrant or Warrants to apprehend and bring before them, the Perfon or Perfons fo accufed, complained of, or fufpedled, and upon his, her, or their Appearance, or negledl to appear, to pro- ceed to examine the Matter of Faf November, m every Year; and any Three or more of the Mic's ^^^^^^^^^^^ for the County of ^^een's County, (hall and may hold i e faS Courts, and fach Courts flrall have, hold, ufe, exercifc and en joy. all and fingular the Powers which are by Law aW Vy .iv ' and granted unto Courts of Genera/ Se/Jions of iL Peace tZ J re ktes to all fuch Matters arui Things as fhall be Lni^ In": fuch Courts wuhm the faid Townflnps of Tarmouth anS W ^ Courts of Gwrra/ "J- \tZ^ to impowcr the Governor, Lieutenant Go- vcrnor or Commander m Chief, to ffrnnt Wirr-inf, on the Treafury for the Sum of Thrce\houTa sl^ Hundred and Forty liight Pounds, and Four Pence w.th the Intereft due thereon, the fame to bear In-' tereft, for the Payment of fundry Perfons who u"c Demands on the Government. "" "aic SlfTB vma, to whch ihcy may bt fmmd em„lh !,;:, , "", ," l^l^ „ , . ^ > 206. j^nno Sexto Regis Georgii HI. Cap. IV. 1766. Lieutenant Governor, Council, and ^ffcmhly. That the Governor, Lieutenant Governor, or Commander in Chief of the Province for the Time being, be and he is hereby impowered to grant Warrants on the Treafury, bearing Intereft at the F ate of Six /^r Cent, per Annum, to all fuch Perfons as have Demandi on the Province as fet forth and allowed by the General Aflembly this prefent Seflionj and to all fuch Perfons as have Demands ou the Province for Bounties and Premiums payable by the Laws of this Province. Provided, That the Accounts and Vouchers of all fuch Debts or Demands fhall be firfl regularly audited and certified to be juftly due, by fuch Perfons as the Governor, Lieutenant Governor, or Commander in Chief for the Time being, fliall authorise and appoint for that Purpofe. IL And be it EndSted, That the Treafurer of the Province is hereby authorized and direfted to pay ofFthe Intereft on all fuch Warrants as the fame becomes annually due, out of fuch Monies as may then be in his Hands, arifmg from the Duties of Impoil and Excife^ Intereft to be allow. ^^^- ^^^ ^^ '*' '^^ Ertagtedi That the Treafurer (hall ftate and edonBo°unty Cer* allow Intereft at the Rate aforefaid on all Bounty and Premium tificatej. Certificates, in the Manner prefcribed by the Laws of this Pro- vince. The Governor, S.C. to grant Wan ants, bearing Interelt, to fuch Perfons as have Derriiinds on the Province.asallowed liy the General Af- fembly. Demand.', to be firft audited and cer- tified tobe juftly due, by I'erfons to be appointed by the Governor, &c. The Intereft to be paid annually. At 1767. Anno Septimo Regis Georgii III. Cap. J. At the General Assembly of the Province oi[Nova Scot/a, begun and holden at //a- /(fax, on the Twenty Eighth Day of May, Anno Domini 1765, in the Fifth Year of the Reign of Our Sovereign Lord G E O R G E the Third, of Great Britain, France, and Ireland, KING, Defender of the Faith, &c. and there continued by feveral Prorogations until the Firft Day of July, 1^6 J, in the Seventh Year of His faid Majefty's Reign; being the Fourth Seffion of the Fourth General Assem- bly convened in the faid Province. 207. Preamble. CAP. I. An A C T to prevent TrelpafTes upon Crown Lands. )^l ^f^.^i ^^"^ty "^'l '"'"'^''^ ^'^^f^'"' ^^''^ P'^f^^ed' not 9,^X f^ ^l ^''^'PMon oj ungr anted Lands in this Province %ym:0. ^"^ ""^1°^ '^'f^'^^i Leave from Government, to encourage i^- rr..f fl "T' ^':frJ'&^' on fuch Lands, without obtaining L Grant thereof ; .vhtch Pra5ltces are highly offenfive to the Honor and TJf%'{rr^C''"' ^''';^'''f'^'''-'^naaedl^ the Governor, Council cndAlJemb'y That any Perfons convidlcd in manner hereafter men- loned. either of pofTefTing themfelves of any un^ranted Lands in .1 o?"''' ^-^ J.'^^^ ^^"Prernmc to place thereon any Inhab!" An, P.ron, po.ef tants, or occupy fuch Lands in any manner whatever, without 'i"K ""^".feivWof. Leave m Writing firft obtained for that Purpofe, from the Go "' """P)""g -»'-'=• vernor, Lieutenant Governor, or Commander in Chief for th" ^"liSSL.. lime being, may and fhall be profecutcd for the Hime, bv Bill i? ^"""B ^'om the Plaint, or Information, in any of His Majefty's Courts of Record ^'S^o!" ''"" v^VT.?-' '"'^ "P"" ^"= Conviction thereof by the Oath of one credible Witnefs, ihall be adjudged to forfeit and pay the Sum CAP. It. 20&. yJnno Svptimo Regis Gforcii III. Cap. III. 1767. t 33. Geo. 2. c. 9. Preamblr. 'iin1)ficati"nof Ju- .irs in the I /lands ■ f C'lfie Brttoii, 8c St. Jch»'j. t 33 Gt$. z. f-S, 33. Geo. 2. c. 9. 1,1 CAP. II. An A61 in further Adc^ition to an A61:, intitlcd /In AEl for regulating Petit "Juries and declaring the ^ali- f. cat 1071 of yurorsf. X)ti^^AiIJEREAS the Number of Freeholders in frceral Conn- V ^^ W '^^'^ '^i-'ithin this Province, are infujficient for Grand and Pe- Sww^ tit Juries, -whereby Trials are often continued over, and great Delay of Jufiice thereby happens ; Be it therefore EriaHed by the Governor, Council, and yijfembly. That any Perfon refiding in the Ifliinds of Cape Breton, or Ht. fuhns, in this Province, not be- ing a Freeholder, but that fliall have Ptrfonal Ef}^*c to the Value of Ten Pounds and upwards, fliall be obliged to icrvt en Juries, being duly fmnmoned for that Purpofej and in Cafe of Negled fhall incur and p;\y the fime Fines and Penalties which, in the like Cafe, areimpofedby an A6t made and pafled in the Thirty Third Year of Ills late Majcfty's Reign, intitled An ASlfor regulating Pe- tit Juries and declaring the Qualification ofJurors-\-, and alfo by an AA made and pafTed in the Thirty Third Year of His late Majefty's Reign*, intitled An A£l in Addition to an At'l, intitlcd *' An Ail for "regulating Petit Juries and declaring the ^alfcation of Jurors:" And that all Pcrfons fo fummoned by the Provoft Marflial or his Deputy, fliall attend and ferve as Jurors, unlefs they fliall make it appear by Oath before the Court, that they are not poflefl'cd of Perlbnal Ffl:ate to the Value of Ten Pounds. t 3 C«. 3 r.7. CAP. III. An Ad in Addition to an Ad made in the Fourth Year of His prefent Majefty's Reignf, intitled An AEi to enable the Inhabitants of the fever al Townfhips with- in this Province to maintain their Poor. • 3. Geo. 3. c. 7. Preamble. F^^'^ HERE AS it is provided in and by an A51 made in the FourttJ 2J ^ S ^'^^^ °J^*^ prejent Majejlys Reign*, intitled hx\ Aft to enable ij^^'j the Inhabitants of the feveral Townfliips within this Pro- *■ * " vince to maintain their Poor, " That it pall -and may be " laiifulfor the Freeholders of any Toxvn/hip within this Province, where *' there til e Fify or more Families Freeholders refident, to meetontheFirJl *' Monday in January Annually, and to votejuch a Sum of Money as they ** Jhall judge necefary for the current Year, to fupport and maintain their ** Poor;" And Whereas there are fame Townjhips who do not confiji of Fi^tv Families Freeholders refident. wfjich Town/hips labour under srreat hconveniency for want of a Power to make Provifionfor their Poor; For Remedy 1767. A?i AB '■al Coun- i and Pe- andgreat InaSled by fiding in f, not be- lie Value >n Juries, r Negled T the like ■ty Third ^ating Pe- byanAft Majefty's h Attfor J urofs : al or his 1 make it jflefTcd of 1767. Anno Septimo Regis QEOV.GU li\. Cap. V. S09. th Year f)s with- he Fourto : to enable this Pro- 7'«'y> the Third Tuefday o{ September ; For King's County, m the'Town of Uorton, on the laft Tuefday of M/y, and on the Firft Tuefday of "^''V' f-«"'/j'. October ; And for the County of Cumberland, in the Town of Cum- berland, on the Firft Tuefday vijune, and on the Second Tuefday ^""•''''•"''• oi October ^ which CQurts (hal! h^ held at the faid Places refpec- lively, on the faid Days in every Year. II. And 210. At what Times tlie SunrcamCourt (hull beheld. Jiino St'ptiiiio Regis Geougii III. Cap. VI. 1767.. 1767. 'rcamble. The Governor, &c. impowcred to grant Warrants on the Tf Tury for £\6ao. hearing In- tcreft at 6. fer Cent, ptr Am. to pay the Expen- ces of Government to 3 III December, 1767. The rntereft to be jaid Annually. If. And Whereas the Time for hohiiKg tke Supream QowW on the laft Tuefday of April, has been found inconvenient, many of the Snitors^ their Witneffes, and 'furors, being at that Time engaged in the Fijf.^cryi Beit therefore Enacted, Thnt the Supream Court fhall he Arnually held on the Firfl Tir'fd.'iy v'i April, and on the lall Tuefday oi Octc- ber, in the Town of Halifax. CAP. VJ. An A C T to impower the Governor, Lieutenant Go- vernor, or Commander in Chief, to grant Warrants un the Treafury, for a Sum not exceeding One Thou- fand Six Hundred pounds, bearing intereft, for Se- curing the Payment of the Expences of Government. ?r6J©"*( HERE AS the Revenues of the Government for the Tearpofl, ^ ^ S /i<7'Uf been partly applied for Payment of fundry old Accounts, to ^(5®^ /(^^ Amount of Two Thoufand Tivo Hundred and Tuenty Fhe Pounds, Thirteen Shillings and Eight Pence, which has rrca^ ted an exceeding of the Expencc of Government , whereby the Trea/urer of the Province has been rendered unable ^npay the Inferejl of the Loan Warrants, and Treafurers Receipts, as the fame became due, 'which have caufed a Depreciation of the Government's Securities, to the great Prejudice of the Poffejors : And Whereas by impowering His Excellency the Governor, the Lieutenant Governor, or Commander in Chief for the Time being, to grant Warrants bearing Intercft,forfecuring the Payment of the Expences of Government for One Tear, all the Monies artfingfrom the Revenues may be immediately applied for paying off all the Interejl that now is or may become due. Be it therefore Enacted, by the Governor, Council and Afjembly, I'hat the Governor, Lieutenant Governor, or Commander in Chief for the Time being, be and 'ic is hereby impowered to grant Warrants on the Treafury, for a Sura not exceeding One Thoufand Six Hundred Pounds, bearing Inte- refl: at the Rate of Six per Cent, per Annum, for fecuring the Pay- ment of the Expences of Government to the Thirty Firfl Day of December next, agreeable to the Eftimate for the annual Expencc ot Government, formed by his Excellency the Governor, and agreed to by the General Afjhnbly. II. And be it further Enabled, That the Intereft of r^ll Warrants to be granted by virtue of this Adt, (hail commence at the Date of fuch refpedive Warrants, and fnall be annually paid by the Trcafurer as the fame becomes due, out of fuch Monies as he fliall have in his Hands, arifing from the Publick Revenues of rhe Pro- vince. CAP. VIL An A< the ' intit] Ma) of His la ** ing a '. " gulatii and t / th that if tht their Proi as without vernor, C Country alive or c fvec Libet Streets or offaid T whether \ fliull have fold and d Stallage j {landing. An Aa Thirt titled '. nK^:M H k '^ y^ *: • ti tb rejcrc to nor, Couna, ^or, or havi move any I )\\xi on tBe 'C Fijf.^cryi Arnualljr J ot'Octc- 1767. yfw75 Septimo Regis Georgii III. Cap. VIII. ?,ii, mt Go- \/'arranrs 2 Thou- , for fe- rnment. Tearpajlf 'ccounts, to cnty Fhe kas crea- Treajurer the Loan tie, 'which ■) the great Excellency Chief for curing the he Monies ying of all nactedt by ieutenant be and 'ic for a Sura •ing Inte- the Pay- ■ft Day of xpence ot nd agreed Warrants the Date id by the s he fliall frhePro- CAP. VII. An ACT in further Amendment of an KS:, made in the Thirty Third Year of Plis late Majefty's Reign, intitled Afi AB for eftablijhirig a Public Market at the Market Hcufe i?i Halifax ami for regulating the fame. I^^S ^E7?£;^5 the Liberty gi-ven to the People coming from the § /Fg Country to Jell fe-ucral Articles brought by them immediately k.(p'ajH: ''yj^''"-^^' ^' " provided for by an A61 intitled. An Ad in Amendment of an A(St, made in the Thirty Third Year of His late Majedy's Reign, intitled " An A<51 for the Eilabhfli " ing a Pubhc Market at the Market Houfe in Halifax, and for re " gulatjng the fnme," has been found beneficial both to fuch People and t, the Inhabitants of this rcwn-. And whereas it is apprehended that ijthe Cr:' .'ry People had further Liberty given them, to fell fuch their ProvyijKi .■ Hand, at any Time, as ivell within Market Hours as without, it laouldjlill be more beneficial ; Be it Enacted, by the Go vernor, Council and Affembly, That any Perfon coming from the Country wi u any Quantities of Dead Meat, Poultry and Pigs ahve or dead. Roots, Greens, and other Vegetables, fliall have free Liberty \o fell and difpofe of the fame by Hand, in any of the Streets or Lanes of the Town o^ Hal fax, to any of the Inhabitants of laid Town (not being Butchers or Huckftcrs) at any Time whether w "iin Market Hours or without, and that fuch Perfons flvall have free Liberty to carry the fame to the Market Houfe, to be fold and diipofed of there, without being put to any Expence for Stallage ; any Law, Ufuagc, or Cuftom to the contrary notwith- ftanding. 34. Geo. 2. c. 6. Preanible. Petfons c-rtiiiig from the Counf' r with dead Meat, &c. may fell the fame at any Time to any Perfon (not being a Butcher or Hiickfter) and may fell the fame in the Market Houf» \v' .out any Expence for Stal- lage. CAP. VIII. 32. Geo. 2. c. 14.' An Aa in further Addition to an AA made in the Thirty Second Year of His late Majefty's Reign, in- titled y^/i ASi for preventing Trefpajfes, l^?l ^f P f -^ S^^^y evil minded Perfons have broke open In- f^lF § objures by pulhng aown Stone Walls, carrying off and ifiroy- Prc«nble. y^mif^ ""S Fences, Gates, Bars, and other Materials for Fencing to the great Prejudice of the Owners of Juchlnclofures', In order th rejcrc top, event ana deter Juch Offenders, Be itEnadtedby the Gover- ^ I ^"^'^ ^^^ nor, Councd andA emhly. That if any Perfon (nat Keln,. f^. » p .L ^ '" »'''''*^' ^o*" LP. YIL I &c«* iz. Anno S('ltim Regis G\:o\n tlie I'eiiin- )ul;iof//,.///;,.r, lh,.ll forfeit I'eii Shil- lings fori-uchHcifc, heiidcs t'.iC Dama- ges, to be recovered be. fore nny or. Juf- tir.c of till.' i'cacc. Where no Owner ftiall appear, fiu '\ Horfe ihall be fold to pay Cofts, kc, fhc Surplus to be ikl>otcd to the Ow- ner, wheii he (1 appear. Parcel of Ground within this Province, or dial! cnrry away any Ra'I', Ports, CiUcp, Bars, Boards, or any othci Materials, whereof Fences are made, or tlmll level any Ditches, or cut down any Hedge s, fuch Perfon (hall, upon Convidlion thereof before the General SrJJicns of the Peace, or before any Court of Record within tins Province (over and above the Damages given to the Party injured) forfeit and pay a Sum not exceeding Ten Pounds j one Half to His Majt fty, and the other Half to the Profecutor j and if fuch Perfon ihall be un- able to pay the iwu^y he fliall be committed to the Houfe of Cor- rettion, there to be kept to hard Labour for the Space of two Months, or be whipped at the Difcretion of the Court. H. And Whereas Horfes. 'y behrr Ci-H'ercd to r^o at lar"e on the Pe- ninfula of Haliflix, frequer. ly break into IncloJvreSy and do great Da- mages, Be it EnaSledy Th c all Horfes that (hall break into any In- clofures, within the Peninfula of //<7///^/.v, lawfully fenced, or tiiat fliall be found trefpafTing therein ; the Owner of all fuch Ilorfc or Horfes fliall forfeit and pay the Sum of Ten Shillings for each and every fuch Horfe, over and above the Damages; which I'orfeiture fhall be recovered, on Proof thereof, before any one of His Majcf- ty's Juftices of the Peace for the County of Halifax; one Half thereof to the Profecutor, and the other Half to the Ufe of the Poor of the Town of Halifax ; a;id where no Owner fliall appear to pay the Cofts, Damages, and Fine, it fliall and may be lawful for the Juftice of the Peace, who has heard and determined the liime, after public Advertifement given for Ten Days, to fell the faid Horfe j and the Surplufage, over and above the Payment of the Cofts, Damages, and Fine, to be icftored to the Ownci when he appears. At th of . An. of G£ Frc r Ot 1 fevc Dx of i Sell BLY An AC Thirt titled lie IV A » At " fuv^ of 1 ef'iui' Fh'' d) Sti/fis M fna to thi' Chur and C''n.n Vdcrk and S it therefore f>ly, That t Pari 1.1 of 5, f ifft Moad 1? Anno ScptimoR,'gis Gkorgii III. Cap. I. At the GExNeral Assembly of the Province o{ Nova Scotia^ begun and holden at Ha* lifax^ on the Twenty Eighth Day o^May^ Anno Domini 1765, in the Fifth Year of the Reign of Our Sovereign Lord G E O R G E the Third, of Great Britain, France, and Ireland, KING, Defender of the Faith, 6cc. and there continued by feveral Prorogations until the Seventeenth Day of 0^d?^tr, 1767, in theSeventh Year of His (IiidMajefty's Reign; beingtheFifth Sellion of the Fourth General Assem- bly convened in the faid Province. 213. CAP. I. An A C T in further Addition to nn AA made in the Thirty Second Year of Ills hite Majefty's Reign, in- titled An yklfar the EJIabliJJjmcnt of Religious Pub ^ ^ lie IVorpjip in this Province^ and for fupprejfmg of Popery, 3 J. Gto. 2. e. g. ra®2 HE R RylS l>y an Avt made in the rhirty Third Y^'ar of % '^ © -'/'j/'/^'' Miijcjlys Rn'gn, it.tilicd IS.n Ml in Addition to ;ia ''""mble.v !k.Q©J|( ^*^^' »"^'^'<^^ "An A" » ^ j« "./"/» *^n mc Rrrairj. djc. oldie lint iVj.unaa)5 m Uvwcuiutr, -iarcn, June, andsepierabcr, Yearly v-iiurch. aa4 i I ^14. (nn) fl' •■>,'! F.(c'ff. Lmv 2 . I'ol. fa. 477- Ml e-cei-j PurlftjMee- ling, the Minijltr riiletlcr Re, lor or V-ic !r prefixes, Li, Ibid. (b) I. Bac. A!:r. 37 J. Uio-n's Ecckf. L.iLv \ yd. 268, 269. an I for the Arrears »t Salaries of the Organiil, iS;c, fiich Vote to be bimliiij; on all the Parilliiorcis, not exeinpttil by I,a\v, (c) Dm It's Ecdrf. Laiv 2. yj. 477. .ind to beafi'L'liVd by he Church War- dens and \'e(lry, and colleflod by the Church Wardens. The AfTcfTors to he ad'cd'fd by three I'arilhioncrs to be ii|>pointcd at the Meeting. (.1) Hum's Eale/. Lavj I , Fol, 273. Appeal allowed to I'lrliins aggrieved. yl/mo Sc[)fimo Regis Giouori III. Cai'. I. 1767 ard when (o met may, by a Vote of the Majority, faj of Cuch Pa- liiliioners then prclcnt, as pay Scot and Lot fdj hy being afie/Ted for paying any Contributions for and towards the Support of the Churcli of Eng'anti, allot and order fuch Sums of Money as they may judge necellary fhj for and on Account of Repairs, and for thcufual Goods, Stock, Furniture, Ornaments, and Bells of the Church, and for Arrears of Salary and other Allowances to the Organift, Cleric and Sexton of the fame, and to the Clerk of the Vellry, and for all other ncccffary future Church Repairs, Goods, and Ornaments, as other Rates arc direded to be levied, colleded and received, by the afore recited Ad: or Ads; and likewife for half yearly Adelimcnts and Payments of the future growing Salaries to the Organid:, Paridi Clerk and Sexton, and Clerk of the Vcftry; which Vote or Votes fhall be binding on all the Pariniioners belon- ging to the faid Parifli Church of ^^ PauPs, and others dwellin'; in the faid Parifh, not exempted by Law from paying towards the Support of the Church o^ EiighmdfcJ -, and (liall be alTcffcd by the Church Wardens and Veftry in juft and equal Proportions on every PariHiioner, according to their feveral Abilitie;;, and Hiall be collec- ted, levied, and received, by the Church Wardens as prcfcribed by the faid ^a. ^ IL Provided alwiys, and he it Endued, That the faid Afleflors fliall not tax themlelves (d), but they fhall be airuded by at leaft three of the other Parifliioners, who (hall be named for that Pur- pofe by the Parilh at their Meeting for voting the Sums to beaf- fell'cd. in. Provided aJ fa. That if any Pcrfon Hiall think himfdf over rated or otherwife aggrieved, he may appeal for Redrefs in Man- ner prefcribed by the afore recited Adt, in Cafe the faid Rate fliall exceed the Sui.i of Five Shillings, or if any Sum be unduly levied upon the faid Parifliioners. This onil the for- itil hc'rcalUT, •1 ,.!s anu.nc ,«r- 'V. And be It further EmiJJrJ, That when, and fo often, as any ner Acts to extend Other ChurcH or Churchcs fliall be ereded within the (aid Town ;:\i;i,Stacc. °^^ ^^^.f ''^ °i;/7 other Town or Towns of the Province, and that Church Wardens and Vcdncs flnall be appointed in the flime that this Adl and the faid former Afts, and every Claufe. Dircc-' tion, Authority, and Power, in the fame contained, fliall extend and be in Force for all fuch Church or Churches, as may fo Jicrc- after be ercded and cflabliflied, in the fame Manner as if the faid Church or Chiirciies had been exprellly named in this and the laid Aits as afurcfaid. 1767. An A Jon hyi Ren C A P. II ivas fouHi to their ^ fpetlive 1 greatly ; out to eac judged exj Jons name vi'jn, A tbemfehei JdidToivn they are in Jon xvherec divided P, fuch Ah/h of Par tit it Jintees tipo a conjiderci (wd otheri the fame a. Jejly's Righ /evying the ing liable ti C:>nmon a. the Lieutet Petition (liip, to tl the Propr Kights, i' a Writ of Ihal, to be Juilices of in alfignin I'artition, of}' ami afll, occupied ai to L anus u 1767. Anno Scptlmo Regis Georgii III. Cap, II. z\ CAP. II. An A C T for Partition of Lmcls in Coparcenary Jo'ntenancy, and Tenancy in Common, and there- by for the more effedual colleding His Majelly's Quit Rents in the Colony oi Nova Scotia, >C)^:« HERE AS for the morcfpeedy Settlement of the Province W. ^^' >K '^ "■' neceffary to erea Towfi/Jjips in (divers Parts of the %'0:^:A J^^'f) '^''^.A^ inducing Perfors to remove into the Province and become Settlers and Inhabitants of the faidTojvnlhips it ••^^'aKfomdrequifitehyGrantstothefeveralPetitionerUoconveyUrevious to ihetr Arrival in the Province, certain Shares or Ri;rljt's in the re fpethve Toxvnpips, and inafmuch as the faid Rights conhl not, ivlthout greatly retarding the Progref cf the Settlements, be furveyed and fk out to each reJpeSlive Grantee by Metes and Bounds in Severalty, it ivas judged expedient to convey the Lands in the faid Townfl.ips to the Per- Jons named in the rr/pe^ive Patents as fointenants or Tenants in Com- nion. And Whereas many of the Grantees have never arrived or bv themlekes or others taken any aStual Pofe/Jion of their Shares in the JaidToivnJhips, and yet by the Terms and Periods in the faid Patents tbey are intitled and ivill long remain in tit led to the faid Shares, by Rea- fn ivhereof numerous Inhabitants in t/je re/pci7ivetoicn/hips havintr un- divided Parts are greatly oppre/ed and 'prejudiced, who on account of Inch Ab/entees cannot proceed to divide their Rights by private Deeds of Partition, nor can any Summons be legally fervedas attain/I fiich Ab- Jcnteesupon Writs of Partition, and for want 'of dividing tf.H> faid Lands a conjiderablc Part thereof is ivafled and defrayed by frequent Trefpaflh and ot/jerwife, or lie umcultivated and unmanured, jo that the Profits of the fame are totally or in a great Meaftire lofi, to the Injury of His Ma- jelly s Rights in the %// Rents refl>e<^ively refervel as to the Means of levying thefime, and tending to tln^ Vexation of the Inhabitants, by be- ing liable to Suits for an Account of Profits demandable by one Tenant in U>nmn agamjl anotlnr. For Remedy whereof, lie it Enabled by /Iw Lieutenant Governor, the Council, and Afmbly, That upon the Petition of any one or more of the Inhabitants in each Town- niip to the Supream Court, praying a Divifion of the Lands to the Iropiictors in Sevcrahy, according to their Shares and Kights, It Hiall and may be lawful for the (aid Conn to awud a Writ of Partition in the ufual !■ orm faj, to the I>rovo(l Mar- Hia h to be executed by him or his Deputy, in the PreflMicc of two Julhces of the Peace, in Manner following. That is to fay, that Jr» aifignuig the Shares in Severalty, in virtue of the fiid Writ of lartition.tiie Lands artually occupied and improved (hall be let ott anil alligncd to all duh Proprietors refpedlively, who have fo occupied and improved the fame , ami that in afligning the Riglits to L.mus unirnprgvcd, aiter Diviiion thereof into bhares according 3 * t« Preamble, /■'X. Slat. 8. W 9. H'lil. 3. f. 31. morf> l\iftluul f} V i^f 4. /■/«". f 18. illUt. t, Uimii IViiiion of nny Inliabitfint of «iiy 'I'ouiifiiij), I lie Sii|ircam C'oiut may avv;ml n Writ of I'nilitinn, y««/(i,..7. 80. If f.N.n. 137. K. «o be exiciitr,! hy the l»i()ii ;l M,,r. (h.il, in I'adaiB of two Jliiii '(;,,, L«nUi Mdlunily iot* piOVtJ hy any Tro- riitti'ii, ftiiiU bo (it c»; 10 tlnijji. :(>. yl:i. 1 ii-.c I t.ii , HI '.i tim i^iiiii.' ITS (Ir.iNi n < .:i) I li' i( in f,o I 1- t^ I'l'iii 11, :iii.l coii- h :x\ by liic i '('■/,' IS Juiois ly //'• (/'.»•..■'/ '/' //v liiiif Si'iili, i:,. j.it. i'8. i. I'iDvoil M irlh il to give 40 Diy? Nj- tuk: til <\\- Occu- y\':yi ul' llic LuilJs, I'rrfons Huly nntl- licil, and neglfi'binj 10 nppcni, IhuU be ciefauitcJ, nml fi'Lil Jiul;jment t ) til.: N.!.vtl->;:i- of (iiantccs in each Townuiip, each Number (hall l.j vvrittor, CM, [VntM-atcr.^.pciP aiui Kilici up aiui placed in aBoxf/^J, fVuai v.'lieiu-e cMch Grantee preknt nv.ill, in the Order wlierciu he is n r.iv.d iii the Pat-ciit of Grant to the TownHiip, draw out one of tlK- I'lici Papers, \n the Prefence of the Jury attending the ProvoiT Marili il or Deputy Provoft Marllial ; and the Number Co drawn (h d! b.; exprefkd in the Inquifition by the Jury, and be ac- cordin'.;ly afiifTned by the Provoll Mai(hal or Deputy Provcft ^h^rIhal and the luftices, in th.cir Return of the Writ of Parti- tion fcj; which (hall be ccnfiimed by the Judgment of the Hud Court: And the fiid Provoft Marlhal or his Deputy are herci^y requi- red t.. give due Notice to the Tenants or Occupiers of the Land?, or if tiiey cannot be found, to the Wife, Son, or Daughter, being of the A'T-e of Twenty One Years and upwards, of the Tenant or Tenant",^ or to the Tenant in adual PoflclTion by virtue of any Edatc of Freehold, or for Term of Years, or uncertain Intereft, or at Will, of the Lands, Tenements, or Hereditaments, where- of the Partition is demanded, Forty Days before the faid Provoft Mudial (hall procccil to execute the faid Writ of Partition j and if it (hall appear to the faid Court, upon Return of the faid Writ of Partition, that any of the Perfons notified ncglefted to appear, Judgment (liall be given by Default as againll th.em, and a final Judgment for Partition (hall' be given againft (uch Perfons as were i''"'p "it ion'' riven prednt at the Time of executing the Writ; and if the Perfons iinriLri'tTion" againft whom the Judgment (hall be lb given by Default (liall not, xviijiin Fifteen l^ays after (erving them with Notice of the Hiid ludirment, apply themlclves to the fiid Court by Motion, and fticw and probable Matter in liar of the faid Partition, the faid juclLMt ; iiul .ill") ac;.iinll the I'crfins ilct'.i'ilti-'J, iiiil -fj ;hi y 111 "w a probabi- M utor in i,fj„,„cnt by Default (hall be confirmed, and final Judgment ente Vl;. '' red A/;. Prov'nL'dm"-ccrtlu'!.J}, that if the Tenants orJ^erf<)nr. con (\lj Co. Lit. 169. rt a goot In Cifi' of Inequa- lity, tlif C'dtirt iiKiy or ler a i.cw I'.irii- lio,», ivITkIi ilnli bind ;\II I'cir.in', except \\\- 9... IHIUS. fiC. it) lit. Sret, 258. (.'a. /.//. 171. ti. (P Lit, Utii. 156. 257, Co. Lit. 170. <^. 171. «. who may hive a nc V I'.iitiliun.upnn flievvinc H proliable Muuct in il.ir. Thfl'kr Relief for bwutvur. cerned (liall (hew to the Court any Inequality in the Partition, the Court may award a new Partition to be made in Prcfencc of all Parties concerned, if they will appear, notwithftanding the Re- turn and i'iling upon Record the former; which faid fecond Par- tition returneiAnd filed lliall be good and firm forever againft all Perfons, except Infants ^V^ ^'^''"''^ Covert (f), VcrCon^ of Non Jane Memory, who (hall, within One Year after the refpcaivc Difabi- lities (hall be determined, be intitkd to apply to the fiiid Court, and (hew a good ami probable Matter inHar of the faid Partition, in which (\it'e tiK'(aitl judgment (liall be fetafide and anew Writ of Putitiondiall be awarded, and executed in Prefcncc of all Par- tics concerned, which Partition (hallbe final and conclufive againft oil Per(bn5 whatfoevcr. Provulcd olfo. That all Perfons abfcnt may, within One Year after fuch Judgment of Partition, to be i.uhl'ickly notified in the NovaScotutGaxdtc, or any other publick News Paper, three Weeks fucceflively, by their Agents or Attor- nics apply to the fiid Court, and allcdgc any good and probable Matter ac^iinft the laid I'artitiun, and fuch new Partitiyn and Jmlg- •^ mcnt 1767. 1767. Anno Sepiimo Regis Georgii III. Cap. II. t.iy. jtr.bcr (lip.ll a Box (I)), er wheiciu driuv out .endinc; the Number io and be ac- ity Proved it of Parti- of the hxii rcbyrequi- the Land?, htcr, being Tenant or rtue of any n Intereft, ts, whcre- lid Provofl: ition ; and e faid Writ to appear, and a final jns as were he Pcrfons It fliall not, of the faid 1, and flicvv >n, the faid mcnt ente- erfonr. con- rtition, the cncc of all ig the Re- econd Par- ■ againft all of Nonjlme ivc Difabi- (iiid Court, Partition, in cw Writ of of all Par- ifive againft ons abfcnt ition, to be licr publicic ;s or Attor- d probable 1 and Judg- ment incnt fliall be had as aforefiiid ; ■U'hich lliall conclude fuch abfent Pcrfons, and all other Pcrfons claiming and deriving under the Grants fo paffed by His Majefty's Covernment, for the Settle- ment and Improvement of the Province. Pro'videJ likcivi/?, tliat in fuch fecond Writs of Partition, no Lands that have been builded upon, ploughed, or othervvife improved />/?;/«/ /?^/t', by ilie Proprie- tor intitled under the former Judgment of Partition, ihall be devef- ted out of fuch Proprietor, but that the Equality of Partition fliall be made out of the unimproved Lands. II, And be it further EnaBed, That no Plea in Abatement fliall .. admitted or received in any Suit for Partition, nor fliall the fame be abated by Reafon of the Death of any Tenant ; and that in all Cafes where the former Judgment fliall, upon Appeal, be confir- med, the Perfon or Perfons fo appealing (hall be awarded to pay Cofls. III. And fu it alfo EnaSfed, That from and out of every feveral Share fo to be alloted and afligned to each and every Proprietor, His Majefly's C^iit Rents referved and payable by every Grantee in the rcfpcftive Patents named, fliall be recoverable by the ufual Procefs, and be levied outof the Profits and other extendible Goods and Chat- tels of fuch refpedivc Share; and that this Adl nor any Thing herein contained, fliall extend or be conflrued to extend to im- peach or prejudice His Majcfty's Rights to the faid Quit Rents, or to any Forfeitures or other Rights in virtue of the faid Grants. in tlie fecond Par- tition no I'rof-riitor fti.ill be levelled of .Illy Land;, ndually improved by him, but tlie Equality flinli be niude uut of unimproved Landi. No Plea in Abate- ment fliall be ad- niitied in Suits for Partition. The Appellee to pay Colh when the firll Judgment /hall be codArmcd. His Majefly's Quit Rents to be reco- verable out of every Share, and to be levied out ofthcjjtofitkrheieof. At 176 At ( f I I S c An - . Jh J Cale tl. Govern for all Contrc which in Equ Suit to Rile o Ivferior Parties Suhmif they ol Umpir; made a of their davit {!■ in the C reading 1768. ylnna Octavo Rfgis G e o r g 1 1 III. Cap. I. At theGENFRAL AssEMBLYof the Province of Nova Scotia^ begun and holden at Ha- lifax^ on the Twenty Eighth Day o^ May^ Anho Domini 1765, in the Fifth Year of the Reign of our Sovereign Lord GEORGE the Third, of Great Britain, France, and Ireland, Kino, Defender of the Faith, &c. and there continued bv feveral Prorogations until the Eighteenth Day of June, 1768, in the Eighth Year of His faid Majefty's Reign; being the Sixth Seffiion of the Fourth General Assembly convened in the faid Province. 219, CAP. I. yln ACT for determining Differences by Arbitration. KMf IJ ^^\^^^ References made by Rule of Court may Sv5 V^SsS '^ntnbute much to the Eafe of the SuhjeSl, in the deter. w !3W T"''"-^ ^^ Cont rover /ies, hecaufe the Parties become there- V^WLT^t'^i Joy//^w/>/. the Award of the Arbitrators, ^^^ f^'^^/ljder the Penalty of Imprifonment for their Contempt in Cafe they refuje SuhmiJJion 5 Be it therefore Enabled by the Lieutenant Governor, Council, and AJfembly, That it riiall and maybe lawful for all Merchants and Traders, and others defiring to end any Controvcrfy, Suit, or Qirirrel, Controveifies, Suits, or Quarrels, for which there .s no other Remedy but by Perfonal Adlion, or Suit in Equity, by Arbitration, to agree that their Submimon of their Suit to the Award or Umpirage of any Pcrfons, fhould be made a RjlcofHisMajeAys Supream Court, or of any of His Majefty's hfertor Courts oj Common Pleas within this Province, which the Parties niallchoofc, and to infer t fuch their Agreement in their Suhmiflion, or the Condition of the Bond or Promife whereby they oblige thcmfclves rcfpedlively to fubmit to the Award or UnipiragcofanyPcrlonorPerfons; which Agreement being fo made and infertcd in their Submimon or Promife, or Condition ot their relpcdlive Bonds, rtiall or may, upon producing an Affi. Preimbte, Fng, Stat. 9 (f 10 Mcrch«nt»&e, d«.' firing to rnd Con- eroverfiei by Arbi- tration, mny agre« their Submirtion to hf made a Rule of Court. Agreemsnt fo mad* to Lc inferred in tlicirSubmiflion*c< davit thereof made I-., -^t-^ltr iy inc wurtcnci tnereuhto, or any one of them in the Court of which the fame is agreed to be made a Rule and reading and filing the faid Affidavit in Court, be entered of Re, 3^ cord 220. Ar.no Otlaro Rigis G Eo R o 1 1 III. Cap. If. r768. il 1 I Pnrtifi to he finaHy c included hy lath Aibitration, in ca'e of Dlfnbe- Uiunte Parties fub- }<:St to Penalty, tie. unVl's Arbitrators iiiilbchavei iLciu- Corrupt Arbitra- tions void, and tany be let aiide. ?rfimbl». ir»f. Stat. J, Cf4. cord in fuch Court, and a Rule fhall thereupon be mide by the fald Court, that the Parties fliall fubmit to, and finally be con- cluded by the Arbitration or Umpirage which (hall be made con- cerning them by the Arbitrators or Umpire, purfuant to Aich Sub- mifiion ; and in Cafe of Difobcdience to fuch Arbitration or Umpirajje, the Party negleding or refufing to perform and exe- cute the fame, or any Part thereof, (hall be fubjed to all the Pe- nalties of contemning a Rule of Court, when he is a Suitor or Defendant in fuch Court, and the Court on Motion fliall iflue Procefs accordingly, which Procefs (hall not be {topped or delayed in its Execution, by any Order, Rule, Command, or Procefs, of any other Court, either of Law or Equity, unlefs it fhaJ) be made appear on Oath to fuch Court, that the Arbitrators or Umpire mif- behaved themfelves, and that fuch Award, Arbitration, or Umpi- rage, was procured by Corruption, or other undue Means. II. ylnd be it further 'Ena5lcd, That any Arbitration or Um- pirage procured by Corruption, or undue Means, fliall be judged and cfleemed void and of none EfFedt, and accordingly be icX. ailidc by any Court of Law or Equity, fo as Complaint oV fuch Corrup- tion or undue Practice be made in the Court where the Rule is m.idc forSubmifllon to fuch Arbitration or Umpirage, before the iaft Day of the next Term after fuch Arbitration or Umpirage made and publilhcd to the Parties ; any Thing in this Ait con- tained to the contrary notwithflanding. C A P. II. An ACT for giving like Remedy upon Promiflbry Notes, as is now ufcd upon Bills of Exchange. ^^V^XUERE/IS it has hcfn held that Notes in Writing, Jtgned rf* W rft ^y '^'^ P'^^'/ '^^'•^'^ makes the Jame, ipherchy Inch Party 5» P^omifes to pay unto any other Perfon, or his Order, any ^r pay unto any other Perfon, or f.ns uraer, any y^'^^^ Sum of Money therein mentionea, are not afjignable or in- dorfibte over, ivifhin the Ciijiom of Merchants, to any other Perfon % arid that fuch Perfon to whom the Sum of Money mentioned in Jucb Note is payable, cannot maintain an /itlion, by the Cujlom of Merchants, againjl the Perjon itiho full made and figncd the fame \ and that any Perfon to whom fuch Njte JJ.'ouhl be afjigned, indorfcd, or made pay- able, could not, ivithin the faid Cujlom of Merchants, maintain any Ac- tion upon fu(.h Note againjl the Perfon -who frjt drevj and fgned the fame'. Therefore to the Intent to encourage the ^rade and Commerce of this Province, which will be much advanced, if fuch Notes Jlja/l have the fame Effe^l as Inland Bills of Exchange, and Jl.all be negotiated in Me Manner: Be it Enaited hy the Lieutenant Governor, Council, and Affembly, That all Notes in Writing, made and figncd l)y any Perfon or Pcrfons, or by tiic Servant or Agent of any Mer- chant, Trader, or other Perfon or Pcrfons, who is ufually intruf- ted by him, her, or them, to fign fuch Promilfory Notes for him, her, 1768. ^nno OdJavo Regis G^OKGii III. Cap. III. 221. her. or them, whereby fuch Perfon or Perfons, his, her, or their ,, .,.' Strvant or Agent, as ai-brefaid. doth or fliall proniifc to pay to rnrbf^Sj^r any other Perfon or Perfons, his, her, or their Order, or unto 'l"^"'^'^^. a'.d Ac Bearer, any Sum of Money mentioned in fuch Note. Ihall be ta- lu" '"'""'"'•'i ken and con.flrued to be, by virtue thereof, due and payable to any '""d Hills of e" fuch Perfon or !^erfons, to whom the fame is made payable j and *^'"'"se- alfo every fuch Note payable to any Perfon or Perfons, his, her, or tlieir Order, fliall be afllgnable or indorfiblc over, in the fume Manner as Inland Bills of E:xhange are or may be, accordino- to the Cuflom of Merchants; and that the Perfon or Perfons, to whom fuch Sum of Money is or Ihall be by fuch Note made payable, ihall and may maintain an Adlion for the fame, in fuch Manner as he, flie, or they might do, upon any Inland Bill of Exchange, made or drawn according to the Cuflom of Merchants, againfi the Perfon or Perfons, who, or whofe Servant or Agent, as afore- faid, figiied the fime; and that any Perfon or Perfons, to whom fuch Note that^ is payable to any Perfon or Perfons, his, ler, or their Order, is indorfed or afligned, or the Money therein men- tioned ordered to be paid by Indorfement thereon, fhall and may maintain his, her, or their Adion for fuch Sum of Money, cither again/l the Perfon or Perfons, who, or; whofe Servant or Ao-ent, asaforefaid, figned fuch Note, or againft any of the Perfons^that indorfed tlie fime, in like Manner as in Cafes of Inland Bills of Exchange: And in every fuch Adtion the Plaintiff or Plaintiffs fliall recover hi.., her, or their Damages and Cofts of Suit ; and if fuch PI untiff or Plaintiffs ihall be Nonfuited, era Verdidl be J'^'''''^"'D>r//..r E^^^,^, That all and every fuch Acflions How AaFo„, fl„i. ihall be commenced, fucd and brought, within fuch Time as is b= brought. ^"'' appomted for commencing or fuing Anions upon the Cifc bv the Adof this Province, mad.- in the Thirty Second Year of his JateMajcily's Reign, intitlcd ^^ AH for Limitation of ASlions and J or avoiding Suits of Law. CAP. III. An ACT m Addition to and further Amendment of an Ad made in the Thirty Second Ytar of his late MajeftyVi Reign, '^rxix^Xf:^ An Aa relating to rreafom 5^. c«. .. ,. ... a7id reiomes. '•'t County the Preambi.. ¥^r'^¥^s HERE AS 'it mav hf AM,hf^A .•- , , pxi. 3{f:«; ^ . ,. . . ,' T" '' ^''-■"' county the II //' II ^''"'"'J, Muracr may be tried, ivhae the Stroke is given ll^J,i '^^^' County ard Death enfues in another County, or llf' \ Ji^;-.«.0> f^^'re any }\rom Jha.: be Accejfaries to Murders or fI ' " '♦' lonuscommttedmjeveral Counties, Tberejore i>e it Enac ted I 222. The Tiin! of a MiiriliTcr that (hi'ces or p''il!nis ix M-an in one County >v llich cli:;th tll-.ri'df is aiio'.hef Couiitv. j1m:o OElavo Regis Georgii III. Cap. III. 1768. Where an Appeal r,f Murder in the Cafe aforelaid (hall be purlucd. Appeal againfl v.ic Atcxllary. Tiialofan AccefTa- rv ill oiu County to a Murdtr orFilony dur.e in another Count}. tedbytbi! Lieutenant Governor, Council, and yljjcmhly. That where any Peribn or Perfona (hall be felonioufly flricken or poifoned in one County, and die of the fame ftroke or poifoning in another County, that then an Indidtment thereof found by Jurors of the County where the Death fliall happen, whether it (hall be found before the Coroner upon, the Sight of fuch dead Body, or before the Jufticesof the Peace,, or other Juftices or Commiffioners which (hall have Authority to enquire of fucn Offences, fhall be a» good and eft'edual in the Law as if the ftroke or poifoning had been committed and done in the fame County where the Party fliall die,, or where fuch Indidtment fliall be {a found ; any Law or Ufiiage to the contrary notwithftanding : And that the Juftices of Oj'^r and Terminer zx\ ince-s taken before tbi'm, in like Manner as tb? Kx;'= minations of fuch Prifoner, and the Witncffe:;, arc herein before directed to be certified. No Corruption of Blood Sec. to extend to to the felony of Fng, t^tflt. I. y 2. Poll. \£ Mar.c. 1%. a. y 3. Phil, u Mar. c. I o. The Juftices Duty ill the Kxaminatiou and B. ilment of a Prifoner, and in the Examination of Witneftt!, and cer» fying ihcreof. II III I iM mmm 3L CAP. IV. diiiiliu ?24» jir.tic 0£Ja-vo Regis G E o R G 1 1 III. Cap. IV. 1768. Eng. Stat.. l.H^ill. (^ Mar. Stat. l.f. 5. Brit. Stat. 8. jinn. e. 14. II. Geo, 2. e. 19. Goods DiArained for Rent may be nppraifcd and Sold. CAP. IV. An ACT For cnabl'i.g the Sale of Goods dlftraincd for Rent. O^^^O HERE AS the mojl ordinary and ready nvay for Recover \t If/- Vt of Arrears of Rent is hy Dijirejs -, yet Inch DiJlrcffl'S not O O ^^^i^S ^° ^'^ J^'^> but only detaijied as Pledges for enforcing if^cJxJiCjJO the Payment of fuch Rent, the Perfcns dijlraining have little Benefit thereby ; For the remedying lohereof, Be it Enatled hy t!:,f Lieutenant Governor, Council and Ajjetnbly, That where any Goods or Chattels (hall be diftrained for any Rent referved and due upoa a,ny Demife, Leafe, or Contrail whatfoever, and the Tenant or Owner of the Goods fo diftrained fliall not, within Five Days next after fuch Diftrefs taken, and Notice thereof (with the Caufe of fuch taking) left at the chief Manfion Hcufe, or other mofl Notorious Place on the Premifes charged with the Rent diftrained for, replevy the fame with fufficient Security to be given to the Sheriff, according to Law ; that then in fuch Cafe, after ^.rh Dif- trefs and Notice as aforefaid, and Expiration of the faid Five Days, . the Perfon diftraining fliall and may with the Provoft M^-flial or his Deputy, or with the Conftahle of the Town or Place where fuch Diftrefs fhall be taken (who are hereby required to be aiding and affifting therein) caufe the Goods and Chattels fb diftrained to be appraifed by two fworn Appraifers (whom any Juftlce of the Peace of the County where fuch Goods fliall be diftrained, or fuch Provoft Marftial or his Deputy, are hereby impowered to fwear) to appraife the fame truly according to the beft of theirUnderftan- dingsj and after fuch Appraifement fliall and may lawfully fell' the Goods and Chattels fo diftrained, for the beft Price can be gotten for the fame, towards Satisfadtion of the Rent for which the faid Goods and Chattels fliall be diftrained, and of the Char- ges of fuch Diftrefs, Appraifement and Sale, leaving the Overplus (if any) in the Hands of ;he faid Provoft Morflial, his Deputy, or Cc'nftable, for the Owner's ufe. 11. And Whereas no Sheaves or Cocks of Corn locfc or in the Strew, or Hay in any Barn, or on ntiy Hovel, Stack, or Rick, can by the Law he diflrained, or ot'erivijc fecured for Rent, ivhereby Landlords may he oftentimes coufe7icd and deceived hy their Tenants, li^ho may fell their Corn, Grain, and Hay, to Strangers, and remove the fame from the Premifj'es chargeable "a^ith fuch Rent, and thereby avoid the Payment of the fame. Be it further E?m£led hy the Authority aforefaid, That it Ihall and may be lawful to and for any Perfon or Perfons h*ving kent Arrear, and due upon any fuch Dcrnifc, 1 /cafc, or Contradl, as aforefaid, to feize and fccurc any Sheaves or Cocks of Corn, or Cornloofe &c. may Com loofc, or in the Straw, or Hay lying or being in any Barn, or be Diftrained and ^p^j^ ^^y Hovel, Stack, or Rick, or othcrwifc upmi any Part of ♦l-if. T o^id or ?*ronnd chart^ed with fuch P.ciif, -iwil to lock u''* or detain the fame in the Place where the finie ilisill be Jbimd, for or in the Nature of a Diftreft, until the fame fliall be replevied up- on fold. 1768. ^?5* Doub'e Damages and C lils agamll wrong j1 Dillrai- 176S. Anno Oclavo Regis Gf^q-r Gil \[\. Cai>, IV. - ■ '■ '■ ' ■ — ' •* on fiich Security to be given as aforefaid; and in Default of reple- vying the fame as aforeiaid, within the Time aforelaid, to fell the fime after fiieh Appraifement thereof to be made; foas neverthe- lefs fiich Corn., Grain, or Hay, (o diftrained as aforcfiid, be not removed by the Perfon orPerfons diflraining,.to the Damage of the Owner thereof, out of the Place where the fame fliall be Ibunu and feized, but be kept there (as impounded) until the fame Ihall be replevied, or fold in Default of replevying the fame within the Time aforefaid. lir. And be it further EnaSted, 'that upon any Pound Breach, Treble Dimages or Refcuous of Goods or Chattels diftraincd for Rent, the Perfon ^'^f ^''^""'^ ^-f^di or Perfons grieved thereby, iliall, in a fpecial Adtion upon the Cafe for the Wrong thereby fuflained, recover his and their Treble Damages and Cofls of Suit, againft the Offender or Offenders in any fuch Pound Breach or Refcuous, any or eitn^. ■ i them, or a- j^ainft the Owners of the Goods diftrained in cafe the fame be af- terwards found to have come to his Ufe or " ^''-ffion. IV. Vrovided akvays, and be iiffirther Entitled, That in cafe any fiich Diftrefs and Sale, as aforefaid, fliall be made by Virtue or Colour of this prefent Ad, for Rent pretended to be Arrear and due, where inTruth no Rent is Arrear «or due to rhe Perfon or Per- "" fons diftraining, or to him or ihem in whofe Narne or Names, or Pight. fuch Diffrcfs Ihoil '>e taken as aforefaid, that then the Owner of fuch Goods 0/ Chattels diftrained and fold as aforefaid, his Executors or Adrnin.ilrators, ihall and may, by Adtion of Trefpafs, or upon the Cafe, to be brought againft the Perfon or Perfons fo diftraining, any or either of them, his or their Execu- tors or Adminiftrators, recover double of the Value of the Goods or Chattels fo diftrained and fold, together with full Cofts of Suit. V. And be it Oirtber Enndled, That no Goods or ^'battels ^vhatf)ever, lying or being in or upon any Meffuage, Land;,-, or Tenements, wliich are or fliall be leafed for Life or Lives, Term of Years, at Will, or otherwife, fliall be liable to be taken by virtue of any Execution, on any Pretence whatfoever, unlefs the Party at whole Suit the faid Execution is fued out, fhall before the Removal of fuch Goods from off the fliid Premiffes, by virtue of fuch Execution or Extent, pay to the Landlord of the faid ['re- mifles, or his Bailiff, all fuch Sum o '• Sums of Money as are or fliall be due for Rent for the faid Premiffes at the Time of the taking fuch Goods or Chattels by virtue of fuch Execution; Provided the fiid Arrears of Rent do not amount to more than one Year's Rent; ;ind in cafe the faid Arrears fliall exceed one Year's Rent, then the faid Party, at whofe Suit fuch Execution is fued out, paying tl;e laid Landlord, or hi.-> Bailiff one Year's P.ent, may proceed to execute his Judgment, as he might have done before the making of this Aft; and the Provoft ^1a^fllal or his Deputy, or other Ofiicer, is hereby impowcred and required to levy and pay to ..,e Plaintiff as well the Money fo paid for Rent, as the E.^ecution Money. VI. And Ko Goods &c. to De taksn in Kxecu- lion &c. nnlcC- ■'-ft Party in-foie Rcmo- va- .!^ .he Goods ^t pi--- the Land, lofv-, -.i^.'. Rent due. Provided itamoiint* to no itiore than one Year's Rem. The Provnft \far. Ihall to /evy rhe Rent as well as the Kxicuiion Mquc)-. 2Z6. ylnno OSlavo Regis G £ o r g 1 1 III. Cap. IV. 1768. fell the r.ime .is if they had been difi uuined. VI. yfnri be if further EnaSled, That in cafe any Leflcc for Life 1^/7 ^*5'm r"' or Lives, Term of Years, at Will, or otherwife, of any Mcill-itres. Lneiez. (hall frau- _ , _ 1 ta • r 1 r .-> " duientiy carry off Lands, or Tenements, upon the Uemile whercor any Rents are Goodi iit. iheLef- Of Hiall bc rcfcrved or m.^le payable, fliall fraudulently or clan- aT Dayj^'ter^feize dcftincly convey or carry off or from fuch demifed Premifles, his iuchGoo.is &c. and Goods or Chattel-, with Intent to prevent the Landlord or Lcfibr from diftraining the fame for A'^rears of fuch Rent fo referved as aforefxid, it fhall and may be ^avvful to and for fuch Leflbr or Landlord, or any Perfon or Pcrfons by him for that purpofe law- fully impowered, within the fpace of Twenty one Days next en- fuing fuch conveying away or carrying olf" fuch Goods or Chattels, as aforefaid, to take and feizc fuch Goods and Chattels wherever the fame fliall be found, as a Diftrefs for the faid Arrears of fuch Rent, and the fame to fell, or otherwife difpofc of in fuch Manner, as if the faid CJoods and Chattels had adlually been dillrained by fuch Leflbr yr Landlord, in and upon fuch demifed Premifcs for fuch Arrears of Rent; aiiy Law, Cuflom, or Ufuifge to the con- trary in any wife notwiihflandfng. Provided fuch Lef- for (hall not '"-iie Goodi &c. which (hall be honafide fold before. Debt again Life VII. Provided never thekfs, That nothing in this A<3: contained fliall extend, or be conftrucd to extend, to impowerfuch Leflbr or Landlord to take or feizc any Goods or Chattels as a Diflrcfs for Arrears of Rent, which fliall bc fold bona fide y and for a valu- able Confideration, before fuch Seizure made; any Thing herein contained to the contrary notwithftanding. VIII. And Whereas no ABion of Debt lies againjl a Tenant fur Life or Lives, for any Arrears of Rent, diring the Continuance of fuch El} ate for Life or Lives, Ih it EnaSieu, That it Ihall and may it fP«y be bro't bc lawful for any Petfon or Peifons, having anv Rent in Arrear nil Tenant lor t t i- i^ _ '1" r _ r • r t' • .. t • , lor Rent. ^■' ""*^ upon any Leale or Demile lor Ivde or l^ivcs, to brm" an A6lion or Adions of Debt for luch Arrears of Rent, in the fame Manner as they might have done, in cafe ijach Rent were due and rcfcrved upon a Leafc for Years. IX. And Whereas Tenants pur auter vie, and Leffeesfor Tears, or at Will, frequently hold over the Tenements to them denii, d, after the Determination of fuchLeafcs-, And Whereas after the Determination of Juch, or any other Leofes, no DiHreJs can by Law be made for any Arrears of Rent that grew due on Inch reffe^ive Leaf's, before the Determination thereof; It is further Ennobled, That it fliall and may Ikeniin Arrtir up. ^^ lawful, for any Perfon or Pcrfons, having any Kent in Arrear oil a Leale (or Life or duc upon uny Lcafc for Life or Lives, or tor Years, or at Will, &i. expired may be ^ndcd or determined, to diflrain for lin h Arrears, after the Drter- aillrained fi)f after . . r i. r • 1 /■ ti- r ; • .1. r -w .l the Dctcrminatiou mination of ihc (uid rcipectivc Lcalt's, m the lime JVlanner as they -■"*•- '- '^ might have done, if fuch Lcafc kj\- Leafcs lud nul bewn ended or determined. of (ho Leafe. X. Provided, That fuch Diflrrfb be nudr within the Sp?c? of Within what Time t;j^ Calendar Months, after the Determination of luch Ltafc and luch Diitiili Hull , . I r'. .■ r r I 1 11 i> t" i r . a 1 bv made during the Continuance or luch Landlord .s T*ile or Intcrelt, and during ; for Life cirir-iges, lents are or clan- ifl'es, his or Lcfibr fervcd as jcflbr or •ofe law- next CP- Chattels, kvherever s of fuch Manner, ained by nifcs for the coa- ontamea :h Lcflbr Diftrcfs r a valu- ig herein 'KaMf fur mance of and may 1 Arrear brin" an the fame due and Tears, or iif'ter the mat ion of e for any (fore tfji' ind may 1 Arrear at Will. s Drter- ■ as they nded or 1763. y/««j 05iavo Rrgis Georgii III. Cap. IV. 227, ("luring the Polfcflion of the Tenant from whom fuch Arrears be- came due. Arrears of Rent. XI. ylnJ I'lr :V furt/jer EnaSJed, That it fhall and may be law- ful to and for every Leflbr cr Landlord, Leflbrs or Landlords, firPr^iJiiS' maj o.- his, her, or their Steward, Bailiff, Receiver, or other Perfon l>e diftrained for or Perfons impowered by him, her, or them, to take and feize, nsa DiflreH for Arrears of Rent, any Cattle or Stock, of their refpeaive Tenant or Tenants, feeding or depafturing upon any Common, Appendant or Appurtenant, or any ways belonging to all or any Part of the Premises demifed or holden; and alfo to take and feize all forts of Corn and Grafs, Hops, Roots, Fruits, Pul'", or other Produft whatfoever, which (hall be growing on any Part of the Premises fo demifed or holden, as a Diftrcfs for Arrears of Rent; and the fame to cut, gather, make, cure, car- ry, and lay up, when ripe, in the Barns, or other proper Place on the Prcnvlfcs ft) demiled or holden ; and in cafe there fliall be no Barn or proper Place on the Premifles .0 demifed or holden^ then in any other Barn or proper Place which fuch Leflbr or Land- lord, LcHbrs or Landlords fliall hire or othcrwife procure for that Purpofe, and as near as may be to thePrcmiffeB; and in convenient 1 line to appraife, fell, or otherwife difpofe of the fame, towards Satisfadion of the Rent for which fuch Diftrefs fliall have been taken, and of the Charges of fuch Dulrefs, Appraifemcnt, and Sale, in the fime Manner as other Goods nnd Chattels may be fei-^ed, diftraincd and difpofed of; and the Appraifemcnt thereof to be taken when cut, gathered, cured, and made, and not be- fore. XII. Provided alxcnys. That Notice of the Place where the Tenant, to h.ve Goods and Chattels fo diftrained ihall be lodged or dcponted^ Notice o( the PUcii null, within thefnacc of one Week after the lodging or depofi- SLJ' ^'""'* tuig thereof m luch Place, be given to fuch Leflee or tenant or left at the lall Place of lus or ! r Abode* XIIL Provided always, and it is herchy Ena,^ed, That nothing in this kii contained (hall extend, or be conftrued to extend to '"''' ^^ """ "°^ let, h.mler, or prejudice His Majefty, his llcirs or SucTcflbrs, fotvt!^;:!;''" in the levying, recovering or leizing, any Q^j it Rents Debts Qs>'' Rent. &c. du# Fines, Penalties, or Forfeitures, that arc or (lull be due, payable' " ''" *'''°""' or aniwcrable, to llisMaicdv. his Heirs or Succcllbrs; but that It (bill and .nay be lawful for His Majefly, his Heirs and Suc- cefTors, to levy, recover, and feize, fuch Quit Rent' , Debts, Fines, Penalties and Forfeit. ires, i,. the fame Manner as if this Ait had never been made; any i'hinu in this- Adt contained to the ^.-on- irary th'-rcof in any wife i^otwiihdanding. ipsce of laic and eft, and during 128. Jnno OStavo Rem Gkorgii III. Cap. V. 1768. 3. Gen. 3. f. 7. «. SfJ's. CAP. V. /^;i A CT m Addition to and Amendment of an hS: made and pafled in the Third Year of his prefent Majefty's Reign, intitled An ASi to enable the Inha- bitants of the fever al TowTtfJjips iioiih'm this Provijice to maintain their Poor. Preamble. Meeting of Free- holders to be on the lad Tuifday in Oc- tober annually. The Meeting may be adjourr.cd to the next 1) ly, if the IJiifincrs is not coin- tleatd the fir ft )«y. Ifnny AfTeflbr re- fufe to fervr, ano- liter ih.ill be tip - pointed in hit Ucad. c.ll (•Hori nrf;lci.T- itiiir Duty (i)r« ^t-'H^j""""'*^'^ ^E-R^^S in the ylB made and paffed in the Third Tear ,|..|s—— .#..*s ^j'IjI^. prefent Majefty's R,:ign, intitled An Adt to enable J.J. J. * the Inhabitants of the leveral Townfliips within this ^'»C!!Iiw'«f Province to maintain their Poor, The Freeholders are direSled to meet on the Jirji Monday in January annually ^ to make Provijion for the Relief of the Poor ; And Whereas it has been ^found inconvenient to have the Meeting at that Sea/on of the Y'ear, Be it therefore EnaSled by the Lieutenant Governor, Council, and Affem^ hly, I'liat the faid Meeting fhall be held, for the future, on the lafl Tuefday in October annually. II. y]nd Whereas in the faid A^, no Power is given to the Free- holders of the fevcral Towns at their annual Meeting to adjourn in cafe the Bufine/s before them cannot be compleated on the faid Day, Be it therefore EnaSfed, That it fliall and may be lawful for the Chair- man of the faid Freeholders when fo alTembled, and the Bufmefs bcfoic them cannot be finillied on the Hrfl Day of their Meeting;, to adjourn the faid Meeting to the Day following, in order to compleat the Bufmefs. III. And Whereas in the faid AB, no Provifion is made for the Choice of other AJIeJfors, in the Room offuch who may refufe toferve in the faid Office, to rAnch they Jhall be appointed. Be it \ina£led. That if any fuch AfTcflbrs, lb nominated and appointed, (hall re- fufe to ferve in ttic faid Oilice, the faid Freeholders (hall proceed to nominate and appoint others in their (lead. IV. And Whereas no Provifon is made in thejaid A6l for compel- ling the Collelfors who have accepted the faid {ffice, to put the 'aid ASl inForct a gain ft fuch Per fans who may ufufe to fay the feveral Sums, in which theyjha/lbe aj/ffed. Be it FnafJed, Tliat when any fuch CoUedor or Cotlcdhirs lb appointed, (lull ncglcd his or their Duty for the Space of Thirty Days, in complying with the Di- rcdions in the faid At\ containcil, every fuch CoUcdor (hall for- feit and pay the Sum of F/iv Pounds for every fuch Ncgled, to bo prnfrcuted and recovered by the Overleers ot the Poor of tho Town where fuch Offence (hall be committed, by Bill, Plaint» or Information, in any tjf His Majclly's Courts of Record, to be applied to the Ufc of the Poor of fuch Town. V. And be it fur/her EnaSted, That all former AlldMncnts here- tcforr 1768. Anno 05lavo Regis G e o r g 1 1 III, Cap. VII. 229. tofore made, for the Maintenance of the Poor,,fhalI be and are n-,, sn-x . ereby conhrmed, any want ot Form, or other Dd(i(\ m the coiifirmcd. Time of Meeting of the faid Freeholders notwithflanding. CAP. VI. ^n ACT in Addition to an Ad made and pafTcd in the Fifth Year of his prefent Majefty's Reign, intitled An ASl for the Choice of Town Officers and regulating ^ ' ' ^" ' '" of Tow?iJ}jips, ^^CCK^ HERE AS in and by an ul5} wade and pa/Jed in the Fifth p^a^^j " ries of the ^tarter SeJJions of the Peace Hiall annually nominate " four fit Perfons out of whom the Court fliall appoint two to be *• Surveyors of Higiiways," And Whereas infome Toivns trjo Sur- veyors of Highways are not fufjicient'. Be it therefore Enacted by the Lieutenant Governor, Council, and AU'embly, That for the future Voln'l^^t\Ti " the laid Grand Juries of the f^iarterSeiTions of the Peace (hall I'erion^rof'whom annually nominate Eight fit Perfons, out of whom the faid Court '*"! *-""'' "* •'f- ot ^mrter Se/Jions ihall have Power to appoint two or more Per- TE '^Z7yoT7^ Ions to be Surveyors of Highways; any Law, Ufuage, or Cuilom l^ghwayj. to the contrary notwithllanding. C A P. VII. An ACT for taking Special Bails in the Country, up- on Anions depending in His Majefty's !Suprcam Court of tliis Province. l^^^ltOR the greater EafandBeneftt of all Perfons uduitf ever, r, . ,, I, i; )Z mmabng Oath to their Ddts, and in taking theRecog^ , 'S ti;»/.k ^i^A.A\ "'-''f» ?/ Special Bails, upon all Actions and Suits /?- ^- 4- i^^i^^p pending, or to be depending in His Majefty's SKxmf:;\m Court «/ //;// Province-. Ik it Enacted by the Lieutenant Gcvernor, ^fll^f^<^nd.p-inbly. That the Chief JulUce and other the Judiccs Ti rj It^l ' c f'^f" 9"''^' °' '"y *^° «f' »'^'^'"' ^^'^<^'-^"f Chief i..n;c. *c of the Chn;/ fu^ice for the Time being to be one. Ihall or may, by ^t^- cw/ one or niorc C ommiHion or Commillions under the ?H-a1 of the faid "'•>' ""''*'■ ""^ ''«'" Court, from Time to Time as Need (hall rcpure. inu.uwcr fuch I^^'/Slici.ot and lo many I erfons, other than common Attornics and Solicitors enmmiflion«. 10 "s they (hall think fit and nccellary, in all and cverv the fcvera! !''!.;'!!'" *^'' '" '"* Coum.c;; witiun tiiis Province, to adminifler anOatli in Writinir ^ '" to any Pt-rfon where it rtiall be nccellary to hold any Defendant to 15.U1. upon any Original Writ or Proccfs iHuing out of the faid 230. yifmoO£tavo ReguGEOR Gil III. Cap. VII. 1768. Juftices to receive (he Bail Piece Lc. upon Affidavit of due Execution. Juftiees Fee. Bail taken below to be ai dt bene ijji. Court, and to mark the Writ for Bail accordingly; and alfo to take and receive all and every fuch Recognizance or Recognizances of Bailor Bails, as anyPerfonorPerfons(hallbe\villingordefiroustoacknow- legdeormakebeforeany of thePerfons foimpowercd, inanyAftion or Suit depending or hereafter to be depending in the faid Court, in fuch Manner and Form and by fuch Recognizance or Bail Piece, as the faid Juftiees have ufed to take the fanns ; which faid Oath in Writing, and the faid Recognizance or Recognizances of Bail, or Bail Piece, fo taken as aforefaid, fhall be tranfmitted to foine or one of the Juftiees of the faid Court, who, upon Affidavit made of the due taking of the Recognizance of fuch Bail or Bail Piece, by fome credible Pcrfon prelent at the taking thereof, fliall receive the fame, upon Payment of a Fee of Two Shillings and no more; which faid Oath, and Recognizance of Bail, or Bail Piece, fo taken and tranfmitted, (hall be of the like EfFeft, as if the fame were taken de bene ejj'e before any of the laid Juftiees of the faid Court; for the adminiftering of every which Oath and marking Commiflioners fee. fuch Writ as aforefaid, the faid Conimiflioners fliall receive only the Sum or Fee of Two Shillings and no more; and for the taking of every which Recognizance or Recognizances of Bail or Bail Piece, the faid Commiflioners fliall receive only the Sum or Fee of Five Shillings and no more. II. Andhe it further Enacted^ That the Juftiees of the faid Su- pream Court fliall make fuch Rules and Orders for the juftifying of fuch Bails, and making of the fame abfolute, as to thcin fliall fcem meet, fo as the Cognizor or Co2nizors of fuch Bail or Bails be not compelled to appear in Pcrfon in the faid Court, to juftify him or themfclves, but the fame may be and hereby is dirrdcd to be determined by Aflidavit or Affidavits duly taken before the faid Commiflioners, who are hereby impowered and required to takf the fame, and alfo'.to examine the Sureties upon Oath, touching the Value of their rcfpcdive Eftatcs, unlefs the Cognizor or Cognizors of fuch Bail do live witliin the Town of Halifax^ or within Twen- ty Miles thereof, III. /indbe it further Enacted, That any Pcrfon or Pcrfon ?, who fliall before any Pcrfon or Perfons impowered by virtue of this Aa, as aforefaid, to take Bail or Bails, rcprefent orperfonatc any other Perfon or Perfons, whereby the Pcrfon or Pcrlons fo reprc- fentcd or pcrfonated may be liable to the Payment of any Sum or Sums of Monc'-, for Debt or Damages to be recovered in the fame Suit or Adion, wherein fuch Perfon or Perfons are reprcfentecf and pcrfonated, as if they had really acknowledged and entered in- ._ .^L_r U..:..,. Irt.irfiilli7 f-nnvi('t'P«l tlir^r^nf. (]i:ill l)C udjudljcd, Power given to the Jufticei to make ,ule» for juftifying the Bail. Felony for iny Per* fon to be B«il in another Man's Name. totheilune, being lawfully convidtcd thereof, (hall ^^,„.,j,„, eftecmed, and taken i be Felons, and fuffcr the Pains of Death, and incur fuch Forfeitures and Penalties as Felons in other Cafcx convidled or attainted do by tuc Law of Fnglaiul ^y:>k and forfeit. C A P. VIIL take and )f Bailor icknow- yAdlion d Court, lil Piece, Oath in Bail, or foine or t'it made ill Piece, 1 receive 10 more; !*icce, fo the fame the faid marking ;ive only le taking 1 or Bail or Fee of faid Su- ifying of lall fccm Bails be ftify him led to be the faid d to tak*- :hing the 'ognizor« 11 Twcn- bns, who e of this jnatc any fo rcprc- ^ Sum or the fame f)rcfrnte(f itcred in- idjudgcd, jfDeatli, icr Cafcx forfeit. VIII. 176a. Anno OfJavo Regis Georgii III. Cap. VIII. 231. CAP. vm. An A C T for the convenient and fpecdvr AfTignmcn^ of Dower, ^i*^-^* ORASMUCH as fome Dir0iom in the Law are necHfary, Preamble, % F % '^^^' IVomen may be enabled to come by their Dower ; Be it Heir ix.'to rerder * 4 Enabled by the Lieutenant Governor, Council, and Affcm- ?/"'" *"'''? °'" ^^^^^ bly. That when and fo oftei, as the Heir or other Pcrfon ^Zt^ having the Freehold, (hall not within one Month next after De- mand made, stfTign and fet out to the Widow of the Deceafed, her Dower or jiift third Part of and in all Iloufes, Lands, Tenements, or Hereditaments, whereof (lie is Dowable at the Common Law, to her Satisfadion according to the trqe Intendment of Law, then fiich Widow may fue for and recover the fame by Writ of Dower, to be therefore brought againft fuch Perfons as have, or claim to have Right as aforcfaid in the f-id E(tate, in MapApr and Form following, l^bat is to Jay ^ ff. GEORGE the "Third, by the Grace of GOD /Great Britain, France tfW Ireland, KING, Defender of the Faith, (^c, To the Provoft Marjhal (^Qur Province o/*Nova Scotia, or hif DeJ>ut ty. Greetings lOMM/tND A. B. within the faid County, that injlantly with- out Delay render to C. D. vsho was the Wife of E. D, WiitofDawcr. late of aforefaid deceafed, her reafonable Dower which happens to her of a certain Mejfuage or Tenement with the Appurtt" nances, Jituate in aforefaid, in the Foffeff^on of the faid A. B. which was in the Seizin and PopJIifn of her /aid Hujhand j^. D. and whereof he was feized in bis D^mijne as 0/ Fee during the C«verturet andwhireofflje hath nothing fas Jhe faith) and t be faid CD. com- plains that the faid A.M. hath deforced her thereof . And unlHs thf Jaid A. B. jhatl fo do, thenfummon by good and lawful Men in the faid County, the faid A. B. that be before our fujiices oj Our Court next to be holden at for the County of aforefaid, on the Day ^f then and there tojhew Caufe, why to the faid CD. her rea/onable Dower as aforefaid doth not render. And have you the Ni(he 7'ear of Our Reign, An\\0L]\i9 Domini A. D. Clerh» U. And be it further EnaSled, That upon jiulgmcnt being given ReBfon«hieD« for any Woman to recover her Dower in any K(late of Houlcs and nwsje to u .r. Lnnds, and other Ilcrcditatnents, which were her Hulband's, reafonable Damage (hall alfo be alligncd to her from the Time of the Demand made, and a Writ of bci«in fliall be dirtded to the 3N Provoil figntd 10 (he Wl. dow. *32* y^nno OSiavo Regis G e o r g 1 1 III. Cap. VIII. 1768, Provoft Marfhal or his Deputy, ir. Manner and Form following ; That is to fay i ff. GEORGE the third, by the Grace of GOD, /Great Britain, France, ^W Ireland, KING, Dejender of the Faith, &c. To the Provojl Marjhal ofGtir Province of Nova Scotia, or his Depu- ty, Greeting. TJ/'HEREJS C. D. mdoiv,^ -who was the Wife of E. D. late Writ cf 3:izin. of in the County afarefaU deaafed, before our Jujlices of our Court holden at for Our County qforefaid, on the Day of now laji paft, did recover her Seizin a- gainjl h.B. of -aforefaid of one Third Part of a certain MeJJunge or Tenement, &c. with the Appurtenances, fituate in (ifwefaid^ in the Poffejion of the f aid A. B, as her Dower of the En- dowment of the [aid E. D. her certain Hvfband, by r Writ of Dower, whereof jhe hath nothing. Therefore We Command you that to thefaid C. D. full Seizin oj one Third Part of th aforefaid Mcf- fuage or Tenement, £=ff . with the Appurtenances you caufe to be bad without Delay: To hold to her in Severalty by Metes aid Bounds. We Command you alfo, that of the Goods or Cbattels.of the faid A. B, within your Precin£l, you caufe to be paid andjatisjied unto the [aid CD. at the Value thereof in Money, the Sum of for Damages awarded her by Our faid Court, for her being held and kept out of fjcr Dower ajorefatd, and Cojis expended on this Suit, with more for this f'Vnt ; and thereof aljo to fatisfy yourfelf your own Fees. And for want of Goods or Cfjattels ofthefatd A . B . to be by him fl:e \vn unto you, or found within your Prec'mSl, to fatisfy tfje fame. We Command you to take his Boriy, and commit him to tloe Keeper of Our Gaai m in Our County aforefaid within thefaid Prifon. Whom we likew)fe Command to receive thefaid A. B. and himfafely to keep, until . hepayuntothefaid^.D. the full Sum above mentioned, and aljofatisfy your Fees. Hereof (ait not, and make Return of this Writ, and how you fhall have executed the fame^, to Our next Court to be "fjolden at for Our Jiaid County of on the Day of next. Witnefs E. H. Efquire, at the Day of in the Tear of Our Reign, km\of\ViC Don\\m \j A. D. Clerk, ^And wlicrc no Damages fliall be awarded, the Writ to run only for Seizin and Coils of Suit. Dovieriolwfet HI. And be it further EnaSIed, That the Provoft Marflial or iorth by five I tee- jijs l>cputy, fo whom fuch Writ is diredtcd, is to caufe licr Third holder., upon o.th. j,^^^ of Dowcr in fuch Eftate, to be fet forth unto her by five Freeholders of the Neighbourhood, upon their Oaths, (Three it leall to agree) who Ihall be fworn before a Juftice of tbe Peace, / . to fet forth the lame equally and impartially without Favor or Af- fefticfti, ai convenient as may bc; which Oath every Juftice of the I'cacc is hereby impowcrcd to adminifter. IV. And 1768. j4n!7o O^avo Regis Geo RG 11 III. Cap. IX. 2'33- IV. jl/id be it-further EnaSled, That of Inheritances that be in- j.i what Manner tire, where no Divifion can be made b)' Metes and Bounds, fo as intire («teriiances a Woman cannot be endowed of the Thing itfelf, flie lliall be en- ^^^^ ^^ '''^'^'■'^' dow d thereof in a fpecial and certain Manner, as of a Third Part of the Rents, IfTucs, or Profits thereof, to be conput^d and af- certained in Manner as aforefald. And no Woman that Ihall be en- dowed of any Lands, Tenements, or other Inheritances, as aforeVaid, widow (hall not iliall commit or fufFcr any Strip or Wafte thereupon, but (hall "jak*' ^trip or maintain the Houfes or Tenements, with the Fences and Appur- tenances thereof, with which (he (hall be fo endowed, in good Repair during her Term, and Ic tve the fame fo at the Expiratiort thereof, and (hall be liable to Adion for any Strip or Wafte by her done, committed or fdffered. C A !>. IX. An ACT in f\irther .Adtlitfon to Artd in Amendment of an AA, made and pafled intheTliirty Fourth Year 34. c«. ». r. 7. of his late Majtfty's Reign, intitlcd An AEl fo7' ap- point i?ig Comfnijftoners of Sewers, ^^COC') HERE/tS in an A^ trndc and pap(i in th; Thirty Fo'irth p,„„,bi,. S> pff s> Tear of bis late Majeftfs Reign, intiticd An Adt fot ap- H !'^^- Pointing Commi(Iioners of.Sevvers, // is amongfl other XXXXX Things EnaSledt •' That the Commillbners of Sewers " fliall be inipowered to meet ahd convene together from Time tp *• Time, as occafion may require, to view, confider, confult, and " contrive fuch Ways and Methods for building ,^iid repairing *' (urh Dykisind Wears, as art neceffary to prevent Iniindationsj *• and for drowning and draining of Swamps and other unprofit- " able Grounds, and to employ Workmen and Labourers for •' fuch rcafonable Wages as may be agreed on for efFctfting the '* I'rcmifTes, and from Time to Time, to a(refs and tax all fuch " Perfons as may or (hall be Owners of fuch Meadows, MarHies, *' or (uch unprofitable Swamps or Lands afore faid, towards the •• Charge thereof." And Whereas many of the Comtnifjioners of Servers complain that affejjing the Owners of /uch Lands as afore/aid^ hy no means anfivfrs the Intention prcpofed by /aid Adl, as Labourers tannot be hired in lieu of fuch Owners of Lands at a/hrefaid, whereby it may happen that large ^/antities of Corn or Graj's on the Mar/h Lands, may be greatly damaged or utterly JPoikd by the Sea over/lowing the Jame, for want of immediate Labour, to the great Lofs and Di/i:ourage- inent of the indujhious Farmer, and to the Detriment of the I^rov.'uce { For Remedy tvhet-eof, lie it EnaSlid by the Lieutenant Governor, Council, and Ajfembly, That from and after the Publication here- of, t Mch and every Owner or Poficllbr of Marili Lands in any Townihip, Diiiiict, or Place, within this Province, (where Com- mifiloners of Sewers are appointed) (hall in all common Cafes, ci- ther in raifinii; new or repairing old Dykes, or ditching of drai- ^"!."' '"^^'i^'n Owifr Jkc of Ma>ni lints (lullj uttfnd hi'.ii'elf T-.t fciitl n (ullicieni LaJ lioiircr in cominoii ^ *34- ^nno OSJavo Rt'gisG e o R G n III. Cap. IX. 176b'. ing Lands, attend cither by himfelf or provide a fuHicient La- bourer with proper Tools, to work at the Time and Place appoin- ted by the faid Commiflicnsrs of Sewers, agreeable to the Rules and Reguktions made for that purpofe ; and when it Ihall hap- pen that any Owner or Poflellbr of any fuch Marfh Lands in any Townfliip, Dirtrid, or Place, ihall have, occupy, or receive, the Produce of a greater Quantity of faid Landu than one Right or Sharcj in fuch Marlh, that then and in fuch Cafe every Owner in Proportion to the °^ Poffcflor flull furniih a Number of Labourers in Proportion to Qiiamities of Lands their refpedlivc Quantities of Lands, as agreed on by theCommif- he ihall Doilefs. fioners of Sewers : And where it may be neceflary to employ Ox- en or Carts, for the more expcditioufly carrying on their Work, each and every Owner or PoflelTor of fuch Lands, who have Oxen or Carts, (hall in Jike Manner be obliged to attend with, or fend fuch Oxen or Caits for the Work aforcfaid, and in the aforcfaici Proportion, in Lieu of Labourers. he Ihall pollefs. Oxen and Cam way be employed in lieuof Labuuieis Six Days Notice to given of the Time tnd Place where the woik is to be done. Jn Cafe of ary fnd- den Breach in any Dyke &c., every 0>^ner or Fofiiflor of Lands within fuch Dyke, fhali iramediatly repair to the Place direc- ted, and endeavour lo repair fuch Breach. Sic. II. Provided always That fuch Owner or Poflellbr of fuch Lands to be dyked or drained, fliall have at leaft: Six Days Notice of the Time and Place where fuch Work is required to be done, by one or more of theCommiflioners of Sewers, or by fome Perfoii appointed by them for that Purpofe. IIL M beitfwther Er.actcd, That in Cafe of any fudden Breach in any Dyke, or where any Breach is likely to be made or Inundation occafioned by Storms, high Tidcp, or otherwli'c, each and every Owner or Poffcflor of Land within fuch Dykes (hall immediately, on Notice being given by any one or more of the Commiflicners of Sewers or Peribns appointed by them, repair to the Place dircdted, with proper Tools, to labour and ufe their ut- mofl Endeavours to repair fuch Breach or Place likely to be a Breach ; and Ihall continue to work from Day to Day on the fame, fo long as the Commiflioncrs of Sewers fliall judge it ab- folutely n-ceflary, for prcferving the Land and Produce withift fuch Dyke from Damage. Penalties on O.V. ^^ ' ^"^ he if (ilfo Etiacted, That if any Owner or PofTcflbt «etj or Pofldfors of of any Marfli or Dyke Lands within any Townfhip, Diftridl, of Hn'd, reSit" ^^^^^ within the Province as aforcfaid, fliall ncglett or rcfufe to at- egieiiing to'"*^ ^^ *^"^ '^"^ labour, or to fend a fulticient Number of Labourers at the atbour. Time and Place to be appointed by the Commiflloners of Sewers as aforcfaid, in Proportion to the Quantity of Land in his or their Poffcflion, (due Notice having been given as aforcfaid) each and every delinquent Owner or PoflcfTor of fuch Lands fliall forfeit and pay, over and above their Aflcflment or Tax to be made by virtueof the aforementioned Art, the Sumof Five Shillings forevcry Day's Negled or Refufil for ecch and every Labourer fuch Owner or Pofleflbrof fuch Land ought tohavc fcnt. And if fuch Owner or i'tjjiciior of fuch Lands ihall nt-gledt or rcfufe to attend and labour, where anyfudden Breach fliall happen, or be likely to happen to any fuch Dykes, on immediate Notice given to fuch Owner or Pofll-fliir, fuch Delinquent Owner or Poircllbr fliall forfeit and pay the Sum i7('S. ylntio OSavo Regis G e o r c. 1 1 III. Cap. X. '^y ot leu biuDings tor each Day's Ncglc^. lor e,i. h and every i»cr- fon which ihouia h;ivc hccn lent hy luni, ami lb in like I'lcnor. To i,c rrcovrr.d tioti io- Oxen ami Carts ; to he recovered hy Warrant of l^irtrcf* ^''^''"' "^ J""'**" o>, Conviction hcfore any one ol I lis Maje/U's Jnili.cs of th'e llL'cwT '" I Cicc lor the County wlierc the OfR-ncc lijail he conunittcd. and for want ol Go-.-ds and Chattels to fatisfy luch Dillrcls and t h\r- gfs, the Lands (fliidi Delinquent, or To nuiJi as Ihall he Aidiei- cnt. Hull he held and let out hy laid Jullicc until the Produce thereof dull amount to the Fine and Charges fo levied, in the fame Manner as is direded hy Law for a Delinquent's Proportion of AirelTments or Taxes for niakinir and repairing Dykes ; and the Monies aiifing from fuch Fmcs to he paid into the Hands of the CommiiTionersot Sewcis to he a impropriated for the making and re- . ^)a.nng Dykes, in the Townih.p, Dhlrid, or Place, wl.erc the "? nTii^ri''^. lame mall be recovered. futiu^ Dyk«. C A ]\ X. ♦ 7/; ACT (or (liUliaqvino; the Penalties and Forfeitures ill Ponds, C'ontrads, and Agreement?, on Payment and Satisfaiiiion ol" the [)rineipal Sum and Damages due upon tlie fa nc, jK^^cJ: /■•: // F.tuh'liul hy the Lliudiiant Oozxrtior, CoitncH, auJ it B 5v Alh''>'l'h, That in every Ai'Hon upon any IJond, Con- .1 't r »i.i>t .....1 A .>. . ...» ...■.!- u t. r ix JJ trav,^t, ami Agreement, with Penaltv for Perforrnanee 4. Ann, >-, 10, ^ of the Condition contained infuch'Uond, Contract, _ ^ or Agreement, it (hall and may he lawful for the re- Jpcdhvc Courtn, where liieh Action lliall he hrought, upon due Proot of thcjufl. SuiTi due upon the Condition t)f fucii Bond-; r aa- u , Contrails, and Ag.ce.ncrits. together with all fuel, Damages and u".. hIi- ^c''"' Colts as have heen mciirrerl hy Non performance of theCondition ^^"''''^"'•''''••. Vrr. to direct and receive a Verdidt for the Sum and Damages fo pro ' '"i^U? ved at the I rjal ; and to caufe Satisfadtion to he entered up on ''"c. ♦he Judgment upon fuch Bond, Contradt and Agreement, upon Payment of the Dcht and Damages, fo to be afcertaincd by Vcr- didt or otiierwife. ' IT. jiind he it further EnaSted, That when any A (fV ion of Debt /hall he brought on any lingle Bill, or where Debt or Scire facias t" ^^'r "i^^".^' fhnll^he broi,ght^on any judgment, if the Defendant .hnth^nid &'']:;,';£. t:!f: ivloney, fuch Paymcni maybe pleaded in Bar ; and where Deft '''" '^'''"'^> ('"'''• is brought on any Bond which hath a Condition or Defea^.mce to utilaJcTiufl':/ make void the fame upon Payment of a lelfer i iur>. if the Obligor. 3 O hU WM 'f$b^ 236. TriTicipal and lute- relt OH Bonds, &c. being paid in Couit, &c. the Court may dif- cliarge the Defen- dant. ^nno 06lavo RegisG e o r g 1 1 III. Cap. XII. 1768. his Heirs, Executors, or Adminiftrators, have, before the Adlion brought, paid the Principal and Interefl: due, though fuch Pay- ment was not made ftrldly according to the Condition of the De- feazance, yet it maybe pleaded in Bar, and fhall be as effedual as if the Money had been paid at the ^"' y and Place according to the Condition, and had been fo pleaucd. III. yfnd be it further EnaSied, That if at any Time pending an Acftion upon fuch Bond with a Penalty, the Defendant fliall bring into Court the Principal and Intereft due, and all Cofts already expended in any Suit in Law or Equity upon fuch Bond, the Mo- ney fliall be taken in Satisfadion of the Bond, and the Court fliall give Judgment to difcharge fuch Defendant, CAP. XI. An ACT to prevent the maLcious killing or mai- ming of Cattle. jz- & 23. Car. 2. c. 7. J. J. Treble Damsgcj for killing or maiming of Cattle. j**)|i()4("*^ -E it Ena5ied by the Lieutenant Governor, Council, and Af- ^ B^ Jembly, That if any Perfon or Perfons, {hall malicioufly, C)*^)*^^ unlawfully, and willingly, kill, maim, wound, or other- wife hurt, any Horfes, Sheep, or other Cattle, every fuch Offender or Offenders Ihall lofe and forfeit unto the Party grieved. Treble the Damage which he or they (hall fuf1:ain, to be recove- red by Adtion ofTrefpafs, or upon the Cafe, inany of HisMajef- ty's Courts of Record in this Province. CAP. XII. j^. Gto. 2. r. 14. An AC T in further Addition to, and in Amend- ment of an Adl mad'j and pafled in the Thirty Se- cond Year of His late Majefty's Reign, intitled An ASt for preventing Trcfpajfes, Prcamlle. FWi(y^ HE J RAS the common Method of fencing is generally mth O ^ xxxx> the RelieJ the Mi'i't, Council, for the F vcmbcr a II. At for the 1 the fever notify th< and make ^7(>o. A^./io Oo'Iavj Rigis GnqiXG II III. Cap, I. 239- At the General Assembly of the Province of Nova Scotia^ bep-un and liolden ^t Ila- lifa::^ on the Twenty Eighth Day oiMay^ Anno Domini 1765, in the Fifth Year of the Reign of Our Sovereign Lord GEORGE the Third, of Great Britain, France^ znd Ireland, King, Defender of the Faith, &c. and there continued by fcveral Prorogations until the Tv/enty Second Day of Ociober, 1768, in the Eighth Year of His faid Majefcy's Reio-n, being the Seventh Seffion of the Fourth General Assembly convened in the faid Province. CAP. I. An ACT in further Addirion to, and Amendment ofan Ad: made in the Third Year of His prefent Majefty's s- Geo. 3. e. 71 Reign, intitled An ASl to enable the Inhabitants of ^' ^"'' the fever at TownjlAps within this Province to main- tain their Poor, . Se/j. meet on the lajl Tucfday in Odtober annually, to make Pro'oifion for holder, to be on'th« the Reitffoftbe Poor : And Whereas it is found inconvenient to have '^'^ 'i'"'^'J^- '" A'«*- the Meeting on thr' Day, Beit EnaBed by the Lieutenant Governor, '"""'"'■ ^'''"-'^'y - Council, and Afjembly, That the faid Meeting of the Freeholders for the Purpofcs aforefaid, fhall be on the lad Tucfday of No- vember annually. n. And be it further Enaac<\, That the Overfecrs of the Poor m • r i n, r„« *U- T>- 1 • /» 11 • n- 1 • ,» . i uv.,1 Notice of the Mfc- lor the lime being fliall iffjc their Precept to the Conllables of ting.nnnun'iy.n.aii the feveral Townfliips within this Province, requirln'J' thcni to '""" ■'5'*''" ^-' ''" notify the Inhabitant's to meet on the Day app"J"t<-'d by this' Ad, iV'"'"" "' '''' and make Provifion for the Support of tlic Poor, aioccihlc to the 3 P " Di:cdi-n« L our. 4.0 Anno O^iivo R^'q/s C v. o r c i i 1 1 [. C.\ ?. 1-/63. 3 iV/J. on r^mlty of /]io. Dirc'flions of the Atft to enable the Inli •.'.'tai.'s o'' ilic fjxcru Tov/nfliips to maintain their Poor; :i!v.i ii U:cli Ovci io./js (hall neglfit to ifuie their Precept as af. rc!"!iu, c-,< Ii cf the Cai.l Over- fecrs lliall forfeit and p-av to the Tre.illiicr cfth.e Province, for t'.-jc Ufc of the Poor, the Siini ^i 'Ten Pound?, to he rccovereil hy Bill, Plaint, or Inform.itiou hi any of His Miijclly's Courts of Pvc- coid in this Province. 111. yftiJ ly'!:crcas V7 er.d ly the rJlrcrcc.IcJ /fl, it is cncclcd, " That if any of thcAiTcllbrs or Coileclors clicfen and uppointcd *' flvdl rcfufc to fcrvc in their refpcc^ive ■Oilice?, e;v:h Perfon (o *' refufin!'; ihall forfeit -.u-id p.iy to the Ovcrfjcrs cf the Poor, for .„. , " the ufc cf the Poor of fuid TownHun, llie Sum of Forty Ptnaltici on Aliif- _, .... ,, i -n, •/• • j y • j > i ■ ^ i^ lo.sand Coiic'uirs " blullin!.';?- ; kut tw Provuion ts Tuadc JoK tccrctniv:'^ toc /u:a 1< cr- for refuf;n,T to fcrve Jeitiire, Bc it Eiir.cted, That all fucii Forfe-tures fh.dl and may he jn their rci^c^itivc j.(,(,yy(,,re(l bv Complaint, or Info/WV punijhal'le h} Tmhrijonmcvt there, the jaid Felons and other mdlQors and Offenders having Goods and Chattels cf the.'rown, tohereh to defray' the flune Char^^cs theni/ehes, to the great hncou^ ra^emfnt of fuch Malefactors and 0§erJersm their fud ^.cked and had Courfes, and to thc Dj/couragen:ent of II,s Majejly s /a,d Sihjtls, in trolkutin^ the faid Malejathrs and OJie;>dcrs to he pimjhcd ac ^ r 4. J;.;r n»,n,'rlts • /^<' it therefore I'jiatled hy the Lieutenant '^:^:^:rX^ 'S^!:^Zt^^r^^ ^l- ^^» .ndc^ry Pcrf^n and Pcrfons whatfoever. that anil hereafter be co.mnitted to tnc common or ufnal CJ^iol within any County in this Province, by arScc or luaiccs of the Pe.ce, for any OlTencc or M.fdc- nein.r. that the faid Pcrfon or Pcrfons lb to be committed as aoKfiid. Ivwinr: Means or Ability thcrcun^, m.dl bear thnr own rcafonable Charges for lb convcyii.n; or lending them to the m fiaol, nnd the Charges alfo of fuel, as Ihall be app.nted to pu rd .bnn to lach (^.u.l, and iball I ,.,aard them t:mher : Ami if any fuch Perfon or Perlbtifi, fo t-.* be comm.tted as alorcfud. nil rcfu.e at thc Time of their Commitment and 1-n. u.g to thc Unrto defray the fud Charge., or Hull mt « ;cn p:^^ or bear the liunc. tlut then ll. J. Jufli.c or Jt.lbccsot th: Pc.kc l^al »t ilifir own C'tiatgc, and may, 1 and Seals, Town or and inhab: aforcfiid, County, and Chatti Difcretion fy and pa) dinp to t'i( honed Inl Chattels (1 which (ha thc fud G ir. Anc fo to bc c have any ( aforefaid, Juftlcc or b dicer w! upon Oatl to be allo\ with, witi Hand, and County to quired to i io paid (hs III. An ding Court, pear as IVi, 'Jujiice, ar Ena^ed, '\ nizancc in of any G';-, be in the 1 fuch Perib Court to o Ihall have Money, as Trouble i Court is h( liver unto Six Pence ri/ed and i pay to fuc fame, Aicli fame in hi< IV. Ati^ J76i3. /.lino C:Lvco Rrgis Ceougii I If. Cap. II. 241. ILv.v il c diaries • Dili be Icnial if lie I'lilbncr refufi" ani nvAy, by Writiiv^ uriJcr his or their Ilin.l a.i.l Seal, or Il.in 1,- an J Scalp, r;ivc V/airunc to th^- Coiijtalilc or Conllahlcs oj-' the Town or Pl.ice whore liich Vcri'an or Perlorr; jhill he dwclh'ivr and inhabit, or from whence he or they (Ii.ill he cornmittrd as aforcfaid, or where he or they Ihali Jmvc any Goods within the County, Town or Place, to ill 1 Tuch and lo much of the Goods and Chattels of the Ciiil Pcrfons, Ih to he committed, a.^; by th<^ Dilcretion of the f.iid Juflicj or Julliccs of the Peace, ilidl fitifr fy and pay the Charge of Aicli his or tl'.cir conveying and fm- din- to the f.ud Gaol ; the A j)praifemcnt to ne made by four of tlv- honcll Inhabitants of the 7 own or Place where fuch Goods of Chattels iliall remain and be, and the Overplus of the Mon >y which (hall be made thereof to be delivered to the Party to wlijui the laid Goods (Iv.dl belong. II. yliJle it further Ena^cd, That if the laid Pcrfon or Pcrfons fo to be commuted as aforefaid, ihal not have or be known to Ifthe OficnJer ic have any Goods or Chattels, which may be fold for fh^ P,.,.r,^(- "o'^l'i'-- to bear his V,. w .V. »w v.v^n>v.^v.u 1UV.U xcrionor I'erluns to (Jaol, fliali upon Oath examnie into and afcertain the reafonable Expenccs to be allowed fuch Conftuble or other Odicer, and lliall forth- with, wahout Pee or Reward, by Warrant under his or their Hand, and Seal, or Hands and Seals, order the Treafurer of the County to pay the fame, which the laid Trealurcr is hereby re- quired to do as foon as he receives futh Warran. i and any' Sum lu paid Ihall be allowed in his Accounts. 7'- uu yina ,y,crcas tl^e L.p^ncc cts .cell ,s Lofs ofTvnc m men- -5"". ^7-^».i\ fe^iras WttneUes agatnft Offenders, .,ho thereby efcape the pZc " " Julhce arui tb.' Mmtnt dne to their Crimes\ Be it Mr ' Lnaaed,^ 1 hat when any poor Prrfon (hall appear on '^0^- n.zancc in any Court, to give Kvidn.ce .^.ainlf another ;Hc,"(?d ot any C, rand or Petit Larceny, or other F<.lnnv if n,,n , "^" ^, l)e n the 1 ouer o( the Court, at the Prayer and on the Oath of .^''--''^''-'''TniJ (uch Pcrlon, and on Conli,leration of his Circumftnnrpc i,, 1 >ythcCountyTrea. Court to order thp'r ,■,.,(■,.,... C .\ , , "" '^ '"""'"'1«-eS, in open Jurer. by Urdcr of n, . . V ' "^ ''"■ ^''''''^y '" ^^'^"'^h tbe Offence ^''^""• null have been committed, to pay unto fuch Perfon fuch Stm r> Money, as ,0 the la.d Court (hall feem rcalhnable for h ;''!,;* rroublc and P.xpcucc ; which Order the proper Odicer of S; Court IS hereby d.reaed and required to make re ; and lucl/Treafurer is her y tho n/ed and required, upon Delivery of fuel, Order, fortluvith to l^ay to (uchPcMon. or other PeHon authorized o re c^^^^^^^ ""^.fhuAc::,:!^'^^^^^^^^^^^^^^^^^ IV. And b( it further enathd, Tiij at in hcJi Counties where no County ^4' Auno OBavo Regis Geop. gii lU. C \ p. 111. 176H. The Defentlnnt'a ric.i in an Aftioii br(,uj;ht for ;iny Thiiijj done by Fuice of this x\d.. In Counties nliere ^-'fHiiity Trcafurer fhall have been cliclcn, cr in Cafe liuli Trei- no 'I'lc.'iurcr is aji- furcr fluill iiot liiivc any Money in his Hands, to p.iy tlic Sum ia Cgel n,ail b"e '' "''Jt-'red /<^f conveyini^' poor prifoners to Gaol, or for the Atten- pad ..ut ofthepu- cl^mce of VVitnclll's, that then and in fiich Calc the lam; Ihall be t. -TfLMiury. p2i(] out of the PubHc Trcalury of the Province. V. y/«^/^e? ///;/r/^r £w^t7^^/, That if any A(flion of Trcfpafj or other Suit (hall happen to be attempted or brought againft the Pcrfon or Pcrfons for taking of any Dillrcfs, making of uny Sale, or any other Ai'.t by Authority of this prefent Aft, the Defendant or Defendants in any fuch Adion or Suit, Ihall and may eit'u-r plead Guilty, or othervvife make Avowry, Cognizance or Jufti- fication, for the taking of the fiid Dilhefs, making of Sale, or any other Aft by Virtue of thiii Aft, allcilging in luch Avowry, Cognizance, or Juftification, that the faiJ Dillrefs, Sale, Irelna or other Thing whereof the Plaintiff or Plainlifis complained, was done by Authority of this Aft, and according to the Tenor, Purport, and Effeft of this Aft, without any cxprefling or Re- hearlal of any other Matter of Circumflance contained in this pre- fent Aft : To which Avowry, Cognizance, or Juftification, the Plaintiff (hall be admitted to reply, That the Defendant did take the faid Diftrefs, made the (aid Sale, or did any other Aft or Trefpafs fuppofcd in his Declaration, of his own Wrong, v/ith- out any fuch Caufc alledged by the (Iiid Defendant j whereupon the lifue in every fuch Aftion (hall be joined to be tried by Ver- dift of Twelve Men, and not otherwife, accuftomed in other Perfonal Aftions ; and upon the Trial of that Iffue the whole Matter to he given on both Parties in Evidence, according to the very Truth of the fame ; and after (uch Iffue tried for the De- fendant, or Nonluitofthc Plaintiff after Appearance, the fiij Defendant to recover Treble Damages by Rcalbn of his wrong- ful Vexation in that Behalf, with Colls alfo on that Part fuflai- ned, and that to be affeffcd by the lame Jury, or Writ to ciujuirc of the Damages, as the lame (liall require. CAP m. An ACT ^ox impowering the [iifticcr. of the Peace for thcCounty of Halifax^ to hold aCourt of Spec'^l Scf- fioiu of the Peace at Onjkiv in the faid Count), ibr tJic Towns of Truro f OvJloiVy and LandoffJcny^ 'mP^imRIUStlw 1l\,nt of Rofuh ami tk' D>^'"ice r.,. .■,.". fr a I lalifax or Windlbr, afui the 'Toxcujhips o/l turo, Onilovv, .)0()((ji '"''^I'U"il"»i't.'rry, makes the At tendance of Verfom njU dent in the litid'Townfhips of Tr\nOt Onllow, *?w/I>ondon- t!crry, at the CJentral Sedions of the Peace, held at llalilax or at Wuiiifvf, vir^ inwivmnu i Jqi- rmai^ %kre^\ Mi it Mna^eU The Dcfendnnt fliall recover Treble Damages, and Coflt of Suit. Pwinihlf. 1768. i>y tk' Liet be held ar oi' IJa/i fax on the firl :''''je Pea for the Co juid may 1 life, excrc L-avv alrcii the Peace, be cogniz arife with derry. An A Si vince, or Colonies) hy tl)e Oi feiting th( or Cow I offered to II. Ana fvvorn ace i'tich Hide liich as he wilcdrcirc have been ftamjicd a Town wh vcyrtr dial I Hides an( every Ox, Calf Skin being ((> fi ihe Survey <4id Hide. III. An prcfiimc tn and (liall t J lift ices of II 176B. j^nno OSlavo Regis Gr: o u g 1 1 III. Cap. IV. ^45- by th Lictitcmnt Gt.vernor, Council, and /IfJ'emhly, Tliat there ll>all he held and kept within ihe Towndiip of Onfiovj in the. County onjaljfiix, in every Year, on the iirfl Tuefday of Fci>ruary> and on the firfh Tncfday of Aiigujl, a special Court of General Se/Jion.s '■/^be Peace', and any three or more of the Juitices of the Peac? for the Co\inty of Halifax, one whereof to be of the Riorum, fliall and may hold the fiid Court; and fueh Court fliall have, hold, Tiff, i^xcrcife and enjoy all and fingular the Powers, which are by I^avv already given and granted unto Courts of General tielJions of the Peace, lofar as relates to all fuch Matters and Things as /liall be cognizable by fuch Courts, and hav« arifen, or which may arife within the faid Townlliip^ of -Truro, Oiijlou, and London- derry. Tpicn\ .SefHon* le hajcf at 0/j/f« for the 't'ownlb of Irum, OnJ'.O' and LondondcrTii. to CAP. IV An AEi relating to Searchers and Sealers of Leather. iJ^'OCK^ E it enaSled hy the Lieutenant Governor, Council, and Af ^? J3 $ /^'''^^^ That no Tanner ar other Perfoji vvhatfocvcr, NoLfaelier ftiail !>• X A Hiall fell or eypofe to file, any Ltathcr tanned, curried i.>ld or rx-pofci 10 >>0^g marked by the ^ib- Colonies) till the fune has been viewed, ilampcd, and marked '"'^'''• by the Officer for that Purpofc to be appointed, on pain of for- feiting the Sum of Twenty Shillings for every Ox, Bidl, Steer,, or Cow Mide, and five Shillings for every Calf Skin fo fold or offered to be fold. II. And he it further enabled. That cvcrv Surveyor appoin";d and fworn according to Law, fhall, from Time to Time, \ iew all fuch Hides and Skins as afoi.Maid, and fhal' :Kunp and mark all fuch as he fh ill find to be fufhcientlv tanned, curried, or oiher- wifc drclfcd or manufaftured ; and if any fuch Hides or Skins (hall have been munufaiturcd within this Province, the fimc fliall be ftamJKd and marked with the JirA Ltaer o*" the Name of the Town wherein thry have been io manufadtiircd, and fuch Sur- vcyrtr fliall be paid for his Trouble in .jwing and marking fuch Hides and Skins, ni the following Unites 7kit is to lay, for every Ox, Bull, Steer or Cow H^'V. t.^rec Pence, and for -cry Calf Skin one Penny ; and cvcrv fnch Hide (hall, at the Time of bring fo fu rveycd and marked, De weiglud alio in Prcfcncc of ihr Surveyor, and the weight thereof fhall by him be marked on f4id Hide. ^ Iir. And l>e If (tffo flawed. That Ifrtfivforron or Perfons (hiili prehmic to counterfeit the Stamp Ar M.uk by flu's Ad rcquirvd, J^'^u.-f.^^'i" ''X- and Oiall be thereof convi/.^-) before any "I'wcm.J" His M.ijclly's Su'ivrJol'i'jifMt'k. Jufticcs of the Peace, ho n.all forfeit ihc Sum of Ten Pounds The Surveyor ft all vie V all HiJei and Skins, find mirk (ikIi an ate f'lfli- vieiiil)' tanned, U^ and if mano. (ndtirfil ivuMn.th* I'lov iiuf, the (am* fliall br marked vvirh tlip fifill.ciftr of ihe N.iire of tht 'I 'nun where nuai^ ^ IV. .Imt "t't 'r How Forreiturej and Penalties ihaJl be applied. j^nr.o Ociavo Regis G r o u o 1 1 III. Cap. V. 1768. IV. And be it alfo further evatled. That all Forfeitures and Penalties arifirg by Force and Virtue of this AO, ftmll be one half to the Informer, and the other half to the ufe of the Pox>r, and be recovered by Complaint or Information, before any two of His Majefly's Juftices of the Peace for the County where fuch Complaint'Or Information fliall arife ; and be levied, upon due Convjdtion, by Warrant of Diftrefs and Sale of the Offender's Goods and Chattels, under the Hand and Seal of fuch Juflicesj and for want of lutiicicnt Diftrefs the Offender to fuffer one Month's Imprifonmcnt. Prtaoible. C A P V. An ASi for eflablifliing the Times of holding the Sit- premc Court, F)J()jr*f HEREAS great Inconveniences, by fixing and confining tke Q /T S Times of holding His Majejifs Supreme Court of this Pro- ^jj/wQ\'/«« to t%y!o Terms only in the Tear, have arifen, and may further arife from a Want of a more fpeedy Adminijlration of Juftice in Capita/ fence:, both from the long and injurious Detention and Confinement of fuch Prifoners who, upon their Trial and Defence, may appear to be innocent of the Crimes for which they are committed, and alfo from protraSling the Punijhment of OffaJus ivho ?nay appear to be guilty of Crimes of' the mo/l enormous Nature, uid of dangerous Tendency to the Safety and Peace of the Public, and hy fi'ch Delay of Jufiice emboldening Offenders, and weakening the Force and Terrors of the Laws i and like^vfe in hearing and determining Caufes of Property in tbefaid Court, both Originally and by IVrils of Error from the In- ferior Courts, to the great Delay of the Subject in recovering their Civil Rights and Demands, and more efpecially as Suits are mofi fre- quently and {reneral'y commenced in the faiJ Supreme Court j Be it ,„urfffi"b* hoi- therefore Enatled by the Lieutemmt Governor, Cuumil, and Apmbly, en M four Termi and by the Authority of the fi^ne it is hereby Enatled, That His Ma- fcry y««r. jcfty's faid Supreme Court 'ihall be holdcn at four Terms in every Year, that is to lay, on the full Tuefdays in the M.)ntli,s o{ Janu- ary, 'oi April, of July, -Jind o( Ociober ; and that the faJd Court fliail be and is hereby impovvcrcd to proceed in the did rcfpedtive four Terms, In the fame Mnnncr as in the faid two Terms hereto- fore limited and appoiiucil j ami tliat the fcveral Laws of this Pro- vince rcfpcfting the I'ummonini!; of jurors, (hull extend and be conrtrucd to cxt'Mid to the hoUiing the faid Supreme Court at the four Terms as before dircdcd 5 and that all the Proceedings, RulcK, Judgments and Kxconions of the fiid S I'^-eme Cmrt, m the Courfe of their Sittinj,'s in the faid Terms, (h.dl be good, valid, and cfFcdual, lu all Intents ;uid Purpofes whatfocvcr. I The Cou d 1 tTcry |Th« L11W1 refpec- Hng Jiiiori, extend* 1 to fuch lour (. A 1>. VI 1768. ^nno O(^avo Regis Geo RGii III. Cap. VI. 245. CAP. VI. u^n ACT in Addition to, and Amendment of an Ad: made in the fifth Year of His prefent Majefty's Reign, intitled An ASi for the raifing Money by Pre- ^_ fentment on the fever al Counties in this Province, for the dejraying certain Cotmty Charges therzin mentioned. Cio. 3. #, 4, [M> HERE AS in and hy an ASi made in the fifth Year of His K >^ prejent Majefty's Reign, intitled An Ad for the railing [f O M°"^y ^y Prtifentment on the fevcral Counties in this <(MKM> ProviHcc for the defraying certain County Charges therein mentioned, it is among other 'Things EnaSied, " That the ** feveral Grand Juries in each of the feveral Counties within this "'Province, cither at the Court ofAfiize or Genera/ SeJJions of the •' Peace held for fuch County, fliall make Prcfentme; t of all ** fuch Sum and Sums of Money or Expences, that may be found ** to have arifen, or that may be neceflary to be raifed for the *' Purpofes theiein mentioned;" And Whereas the Grand furies in fame Counties in the Province, have neglected or refufed to make fuch Prefent ment, to the great Detriment of the Public Good, Be it Enacted by the Lieutenant Governor, Council, and Afcmbly, That on the Ncglcdt or Refvifal of fuch Grand Juries to make Prefcntment as is dircdled in and by the afore recited Ad, the Judges of Aljize, or the Juftices of the Peace in their General S(ffions, fhall, and they are hereby impowcred to amerce the County in fuch Sum or Suns as it (hall appear to them (upon due Proof made before them) to be neceflary for defraying the Expences which h.ive arifen, or (hall be judged by them necclfary to be raifed, for thcUlb of the County ; which faid Sum qr Sums (hall be equally aflclfcd on the Inhabitants of faid County, according to their Ability, and paid into the Hands of the Treafurer of the County, for the Ufes aforefaid j and the Judges or Juftices aforefaid arc hereby au- thorized and impowcred to appoint three Aflfeflbrs in each Town- ihip, for the alTcfling the Money aforefaid. Preamble^ Upon tl.e Negfen of the Grard Juries to make PrLllnt- irent, the Juugei of ^Jf'it or \\\e ]\ii\\cet ill CtiitraJ Sijjiouit fliall amerce the County in lucli Sum» ai may bene- ccllary todrfny tho County Chargts, to be aflefTed on ih« Jrihubitantg by '-Incc Ani-dnrj to be appoioKfil in eacii TawfllLif . The Afieflori fha!! «ppo<•^tCollcattl» II. And Whereas in and by the afore recited ASf, it is alfo ''na5led, ♦' That the Conftablcs rtiall levy the Sum proportioned for each •• Town," which is found inconvenient. Be it enac'led. That it rtiali and may be lawful for the rcfpedivc Aflcffors, already appointed or to be appointed for any Town, to nominate and appoint one or • more Colcdlors, to colled and receive all Sums of Money as have been or may be afll'ffi-d purfuant to this or the faid Ad, and tlic ^*'"' ^"'X' faivi Collcdor orCoUcdors, when he or they (hall have fo collc*itcd and received the faid Sunn of Money, (hall pay the fame into tlie "y Vtv(:)V\ or Pcrfons ap- pointed AficlTors or Colledors as aforefaid, 0:nll refufe or npglea: to ferve as fiich, each and every fuch Perioit {o ncgk-ding or rcfufing, ihall forfeit and pay the Sum of Five Pounds, to be levi- ed, in default of Payment, by Warrant of Diilrefs and Sale of the. Goods of fuch Perfon or Perfons, under the Hand and Seal of any two of His Majelly's JuiViccs of the Peace for the County wherein fuch Perfcn or Pcrfons fliall or may be appointed, re- turning the Overplus, if any be, to the Ou-ner or Owners of y.r tV U(i: of tUr the Goods fo to be diftraincd and (old as aforefaid ; and fuch Fine County, ([^^w i^c paid to the Treafurcr of fuch County, for the Ufc of the faid Couiity, IV. And Where ai the Sum cf Seventeen Founds has been paid out p . of the Province Treafury, for Payment of the Charges in bringing cer- ;d'anc"d^uTo" ,hc tain Pri/hnersfrorn'Windihr, to theGao/ofUzWhx, Be it therefore I'ruvi.ice T'can.ry. ^„^^..^/That the County Treafiirer Hull repay into the Provuice 5VuL7iWurcr.'' Treafury the aforefiid Sum of Seventeen Pounds, out of fuch Monies as fliali be paid into his Hands by Virtue of this Adt. It Gio, 2, c 14; rfearable» All Riven ftuH be J-Viites. wliitrc the Tide (lf>*vs Eight F«c( and upwardi. PcrfonK I'efufitij; to fetvr a-i Oveilccri of thn i'Qor, Ihnit « CAP. VII. » An y^CT" in further Addition to, and in amendment of An Aa made in the Thirty Second Year of His late Majcfty's Reign, intitlcd An Aa for preven- ting Treffajfes, - c. • vr^>"»^ HERE AS n:anv Farm in this Province, are hounded hy iuM Rivers that are fordahle at lo,o Water -, And Whereas ,t 'M'y^ r^^ould he impracticahle to make any Fence that would f land k.)»)«y L.;j. he proje- utedfr a Trejpafs'as fuch Rivers are not deemed ajuffictent hena^ Be it th^erefcre Enacted hy th.>e Lieutenant Governor Counctl and AJ- fmhki That to all Farms which are bounded on Rivers where the Tide- flows Fight Feet and upwards, at common 1 idcs, fuch River fo far up Ihall be dcc:ned a fullicicnt and lawful I'cncc. II And Whereas the Penalties inflicted f>y an ASl intitled An AA Tor nrcventine TrefpalTcs, upon Perfons rejujing to frvt in the Of- % 7oT/^^rs of tie Poor, are in/u/fcientjor the End and Defgnjf fL iu At, Beit Enacted, That when and as often as any I er- tnnmtii^^^^ by the faid Ad is dircaed, fhall refufe to fcrve [re S Ofa, he null forfeit and pay the Suin of Fiv« Pounds. HI. And i,, i i..miw ii w iipi nnn i i 1 768. Anno O£tavo Regis G e o R g 1 1 III. Cap. VIII, 847. III. And Whereas the Sums arlfmgfrom the Penalties for not fcr- ving the faid Office ofOverfeer of the Poon are not appropriated, Be it IVl^'lftelui tnaSledy That all fuch Sums of Money, as by Virtue of the faid Pe- the i'oor. nalties have been received^ and now remain with the Clerk of the Supreme Court, and all fuch Sums of Money which may here- after be received on Account of the faid Penalties, (hall be paid to the OVerfeers of the Poor, for and towards the Relief and Support of the Poor of the feveral Tot^/ns for which they (hall be refpedively appointed. CAP. VlII. j^n ^CTin Addition to an Ad: made and pafled in the Thirty Third Year of His late Majefty's Reign, in- - titled A» ASi in Addino?i to An ASi for regulatino- Petit Juries^ and declaring the Salification of Jtt rors. "^ 33. Cit, J. c. 9; next \^^!P'i\^/^f!''''^ih(i->^ Lieutenant Governor, Council, and A f L ^ \if>"f>ly. That it fhall and may be lawful for the 5«- ^. . . . P;^'^' Co:.t^ and the refpedive Inferior Courts aud Scf 1^}''^'°^ Jms, on or before the lall Day of their Sittinps in each ^"'^ "^ '•" i'""' Term, to draw from the Bov or Boxes depofited with the refpec- 1^ ¥crt "" tive Clerks, and containing Uie Rolls or Tickets of the Names "'"'"« ^"•"• of the Grand and Pct.t Juries, fuch and fo many Rolls or Tickets .or Names, as may be fufficient to ferve as Grand Jurors and Tnd Vr" rll\ ^''"^ ^^ ^'"'"S^^ °^ '^' ^«'^ W'-''^'' Court jnd SeHms 0/ the Peace, and of Petit Jurors for the fid rn/erior C'rther emSled, That each and every of the Clerks ofthefaulrefpedive Courts fliall, bv Virtue ofVe t^Si: '^?''^y:^^^r-'^^^^'''^n,ofth. then next en! fungCouits .flue out a Vcmre facias for fummoning the f.id Grand and Petit Jurors, purfuant to the Tenor „t the (Vui Pre- Sft Snf '"" ' ^'""^" ""' ^^"-^°'" '° '^'^ ^'^"^^'»> ^"t. A Prerepf fnr fi-rjl. monitig 1. Jufiffi Co dri wn, (liail bj flgned b" the Cliiit' Jullicc ol ilic Sif pumt Cenri, &c. Thf Clerk of eich Court (hall ifTrte n t'f'iriji'ia'. for iummcnii'!- fncblir. rici. ten Da)i bc« fore ihc N.'cctii g of ths QCM CUUK. ^ CAP. IX, j^fino 061 avo Regis G E o R G 1 1 III. Cap. IX. 1768. PIfallU^e. CAP IX. y^« y^CTto impowcr the Supreme Cc::'-t, at their fla- ted Sittings in the Town of Halifax^ to try Offen- ders who may be guilty of Felonies in other Coun- ties in this Province. F){(){("*1 IIEREJS it often happens that Perforrs are charged tviih V ^ ^ (Committing Felonies in many Parts of this Vrovince, at a (j^ww^ great Tiijlance from the Toivn 0/ Halifax, and in fuch Cafes His Maje/lfs Governors have found it necejjary cud expedi- ent to i[fue Commifjions of Oyer <;W Terminer, and General Gaol Delivery, for the Trial of Juch Offenders in the proper Counties ivhere Juch Offences have heen committed : And Whereas it has been found hy Experience, that the executing fuch Cojnmi/Jions in thcfe Counties idoich arefitnated on the Sea CoaJIs, or to ivhich there is no Communi- cation b'/ Land, has been attended ivith great Ex pence, in the Hire of Veffels to carry tJje fudges and the Officers of the Court, and p or their Hi/pport ; and the Uncertainty ofPafagesby Sea renders it vcry^ difficult to procure Jurors, and aljo to collett the V/itncffes that m»y he necef- fary to be examined on the Trial of fuch Offenders, as the Inhabitants do not V"-'-e together in any one Town or Place, but are fettled in dffe- rent Parts of the Country, many Miles dijlantfrom each other : In or- der therefore to remedy thcfe Inconveniences, Be it enabled by tht Lieutenant Governor, Council, and Affembly, When any Pcrfoa or Pcrfons fliall be charged with any Felony, done or committed in anv County fituate on the Sea Coafts of this Province, or to which there is no Communication with the Town of HaUfax by Land, that . le fuftice of the Peace before whom fuch Offender, or Offenders Ihall be examined, fliall commit fuch Offender or Offenders to His Majefty's Common Gaol for the County of Ha- lifax, and fliull bind the Witncffes b> Recognizance, to appear and 'rive Evidence againft fuch Offender or Offenders, at His Majefty's Supreme Court, Court of Affrze,ox General Gaol Delivery, next to be held for the County of Halifax, II And be it further Enabled, That Ills Majefty's faid Supreme The Supreme Court ^^,„' /-...,.. of AfH'ze, or General Gaol D''livery, ftiall be and hddfo->;c County ^owt, '^'^^^^ ,„ ,,ecd to the Trial of fuch Oft'enders. " "■"""■ '"■^^^^" in thcVmrM^lcr as if tie Felonies with which they are charge^ ' , -d been done and committed in the County of Ilahfix ; and all Trials, Verdias, Judgments.. I-xccutions. and other Pn ^ cecdings whatfocver of the faid Court, to be had thereupon, ftiull be and hereby is declared to be as good, val.d, and cffeaual m the Law. to all Intents and Purpo(cs whatfocver. as if the fame r-d been in the County where fuch !• clonics had been committed , any Law, V(^^^i:<', or Cuftom to the contrary thcreot m any wife notwilhftnnding. III. Provided I'crfor.s charged with Feicnics, done ill iiny Comity, to which tlifte is no Comniunicaiion by Land with the 'I'own ot IJ.ili/iix, /h;iil be committed to ilie County Gaol of Ualiftix, and the "Witncifes bound to appctr at the next Supreme CouiC &t UahjuA. crcd to priicctJ a }>.iinft fuch Oittn' aerii •";'.■■■-■■:. •%'vi^'Mhf.i^^^-. '■ ■■ 1768. j^nno 051 avo Regis Ge R g 1 1 III. Cap. X. .".49. III. Provided Nevertbclejs, That nothing in this Ad contained ™orM^„n|'i! li, j" fliall be of any Force or Effcd until His Majefty's Pkalure fhall King-rrSe ' be b*e known therein. known. 2 Sel's. ■l Preamble, CAP. X. An ACT in Amendment of an AS: made and paffcd in the Seventh Year of His Majefty's Reign, intitled .. ^^ An AS} for Partition of Lands in Coper ce7iary^ Join- '' ~ " ^" tena?2cy^ and Tenancy in Cojnmon^ and thereby for the more effe&ual collecting His Majcfys ^it '^Rents in the Colony of Nova Scotia. "nm^HERE^S the prefent Method of executing TVrits of Qf^^ Partition, by the Provojl Marpahfummorm^^tbe Jury to "kitmji (Attend 071 the Lands, in order to -vieiv and make Divi/ion of the fame, may he oftentimes attended iviih an Expence equal to, or exceeding the Value of the Premilfes ; and may, in many Cafes, be almcfltmpramcable, from the Nature, Situation, and lame Extent 0/ the Lands to be divided. Be it therefore enabled by the Go- vernor, Council, andylfjhnhly. That it fliall and may be lawful for tlie Provoft MarHial or !)is Deputy, upon receivin;r any Writ of i;artit.on, for dividing any Lands, to proceed to the Execution vbereof, in any Place within the County where the Lands fliull be. by a Jury of the faid County, who Ihall accordingly make a Divilionofthcfimc, agreeable to the Bounds exprcffed in the Orant, and the bcft Information that can be procured of the Va- lue Nature and Quality of the Lands ; and fuch Divifion, fo made, fhall be as valid and effeftual, to all Intents and Purpofes whatioever, as if the lame had been made on the Spot; Prlvidcd that the faid Diviiion be made, in every other Rclped, agreeable to the Laws m fuch Cafes made and provided. ^ ' ^ 11. And be it further enabled. That nothi" c. a; Upon IVrits of Pnr- tition,I)i\ifi()n may be made of nny Lands by n Jury of the County in ;iny Part of the C'junt/ where the Land* fliall Le. g in this A.ft cental- _-j /I 11 I f T^ - ■■"- wwi.i, -^ ii, LUIS fn.x conrai ncd, flaalbe of anyForccorKffed, untifHis Majelly's Plea fiirc Hiall be known therein. ^ ^ This Afl not to be in force, until the Kinjr's I'Icai'ure Ihiili be known. At 1769. At the ( ofiV lifax^ Anno of tl GEO Fran of tb< ieven ' of O of Hi Eight Asse: vince An Act in Year 01 the raij Counties County ( "fk^-^ HI bly, fhall and ma the Icveral C Affile, or Gi make Prefeni three or moi Knovrledge, that may hav the building II. And hi To prefcnted J7^>9' ^«(? Nono Rfgu GioRGii III. Cap. I. At the General Assembly of the Province of JVova Scot/a^ begun and holden at I/a- /ifaxy on the Twenty Eighth Day o^Afajy Anno Domni 1765, in the Fifth Year of the Reign of Our Sovereign Lord GEORGE the Third, of Great Britain, France y and Ireland^ KING, Defender of the Faith, &c. and there continued by icveral Prorogations until the Tenth Day of OBober 1769, in the Ninth Year of His faid Majefty's Reign, being the Eighth Seflion of the Fourth General Assembly convened in the faid Pro- vince. 251. CAP. I. An Act iQ further Addition to an Adl made in the 5th Year of His Majefty's Reign, intitled An Act for s.c«. 5.^6. the raifing Money by Prefentment on the fevcral Counties in this Province, for the defraying certain County Charges therein mentioned. 'ifion fn^jTi^ H E R E A S it is highly necejary that fomc Pro ^ ^^ ^ ^^ ^"'^^ ^'' ^^' building or repairing Brif^'^es in this Pro J- v»r jV 'vincc. Be it ena&ed by the Governor, Council, c by the Governor, Council, and Affem- bly. That from and after the Publication of tius Att, it ihall and may be lawful for the fcreral Grind Juries in each of the fevcral Counties within this Province, cither at the Court of Affize, ox General Sejjwu of the Peace, held iw fuch Coun'y, to make Prefentment, upon proper Rcprefcntations made thereon by three or more Freeholders of" the faid County, or of their own Knovrledge, of all fuch Sum and Sums of Money, or E.vpcnccs that may have arffcn, or that may be necefTiry to be niifcd, for the building or repairing Bridges within the fame Cgunty. n. And he it further EnaSfed, That the Sum or Sums of Money fo prefentcd Ihall be alTefled, raifcd, levied, propoiticned, pi 3S w. Pfcamblr. Th* Gratifl ]\\nti i;i , st tlie i.ourl ef /Ijjift, the reiiit, f!»''n ■!<« l'ri:-i'iuiT)-T.t I •• '■■. • K Sums a- ari? m tl"- futy (')t rhf ! tii'd. >rii> 0.' icpaiiiog (M>.h Skki . ,'. li be m IMAGE EVALUATION TEST TARGET (MT-3) k^.0 ^ ^%<^ sr A^ :/. 1.0 I.I ■ttiia izs |50 ""^^ iiniHB *^ Ul III 2.2 S 1^ lllllio u •- 1.25 1.4 1.6 ^ 6'/ _ » -7 ^ V* .^ ^-v-. V ^ y Photoj^ciphic Sciences CortxFcition ¥i 93 WIST MAIN STRUT WIISTIRNY USaO (716) 173 4303 ^ ^\ ^^ in ,^ i ■^Pl 252, $. Gu. 5. e. 6. 2. JV//. UpomheNfgleaof the Grand juriea to make Prerentment, the Judgei of Aj^xt, or Jujlicts in Gent- ralStffiois, (hall amerce the County in the Sums necrf- ftfy to be laifed. Mno Nona Regis G e o rg 1 1 III. Cap. II. 1769J in, and applied ill manner as is prefcribed and diredcd in and by an Aft, made m the 5th Year of His Majefty's Reign, intitled m ibu Province for the Jef raying certain County Charges tbereZ mentmed^ and by an Aft made in the 8th Year of His Mai eft?^ Keign, in Addition to and Amendment of the faid Aft. - III. Ana be it alfo further EnaSlel That on the Negleft of fuch Grand Juries to make fuch Prefentment, the ludsesof AOi-^, Z ^ujlices of the Peace in General Seffions. fl,all am^eSc^^y Z futh Sum as fliall appear to them to be neccflary for the Purpofes aforefaid ; and (hall appoint three Aflefibra in manner as is diitc, ted in and by the faid laft recited Aft. 3+. Cte. 2, t, 7, Prcambfc. S. Ceo. 3. t. I. X-ancli v^'abfent l'Miion for ilyk- jnR nd draining ih" fame, it no Dillrcfiiinn be fouii ' in tho I'la. luilltl, Ac. CAP. IL ^-^ y^t?? in further Addition to and Amendment: ofaii Ad, made in the Thirty Fourth Year of His late Majefty's Reign, intitled ^n ^^ for appointing Corn^ ^ mijfioners of Sewsrs, '^U ^-^^^/^.'^ '^' ^^J^ ^^<^ */'" ^^* ^<^de tn th, rhiri ^^ ^ ^TJ ^iisprcjent Majejt/ s Reign, intitled An Aft in '5=9'^-^S ^°^'^'°" *°' ^"'l Amendment of an Ad intitled " An "7^/^ " Adt for appointing Commiflloners of Sewers," ma^t and pa/Jed, n the 34//; Tear of His late Majejl/s Reign ; it is ena£lea\ •• 1 hut if any Proprietor or Proprietors of the Lands dvked in or *« dunned, are abfent, and no Perfon appearing in their behalf and have not any Goods or Chattels to anfwer his, her or theij Dividend or Proportion of fuch Afleffment made as aforefaid It fliall and miy be lawful for any one of His Majcfty's Jufticcs of the Peace fur the County where fuch Lands lie, to let out any part of fuch Delinquent's Landb, that may be fufficicnt to pay, by the Produce of the fame, any fuch Dividend or Pro- •' portion of the Su!i\ fo due ;" But Whereas it has been found by hxpcnence, that in many Inflances it it impr amicable to lea ft out the Lands oj the Non rejidcnt and delinquent Proprietors, for defraying the Expencrsff dyking and draining, in manner as by the above recited Ciauje ts directed, and therefore the ivhole Burthen and Charge thereof, has htn and does lie on a Part of the Proprietors, while the Lmds of' fuch Delinquents areenband^ in Value, •without bearing any part of the Expence incurred for the Purpofe aforef^d : For remedy whereof. Be it ena^Ud by the Governor, Council, and Affembly, That if no Pc'rfoii null appear to p;\y the Dividend or Proportion of any delinquent Proprietor, in any Ailcirment made according to Law, for thcdykin'-- or drainingfuch Lands, or no fuflicicnt Diilrcls fli ill be found on the Picinillcs to ttnlvvcr fuch AaHrmcnt as aforefaid, theComniiflioncri << t« *< «( «t 1769 ofSev Print delfnc the fa any t! to fell Delini to pay Jfaid, ^ Perfcn of the puty is cute a to the 1 /hal or more) s ding. ir. jb vcd atai -An AlSl cond Fire , tl)C Public •>f Age (h;i fonof v/ha Gun, Fu(l Yards of a within Uic Parents, C in Hided by "Pplicd in 1 ^7^9- Anm Norio R,gi, Gtoton 111. cTTui. delinq^cnc Pro;;ie o^an^irno Perf rfl^.lw"'''^^"''"^'-'' tl>= fame, i, a Jl and may be awM fo™ht^f , r " "^^%" '° '''"' iny three of them, to order th- Wnft M L ?'""i:"^°""'' °' •0 fell « Pablic A^aion to the-h Iheft PM I ' r"'' '"\D=P"'y. DHinquem's Lands, fo dyked in S rf,V , ' '" '"."''' "^''"^^ «o pa/any fuch Dividend or PoporLtrfthe tH '' ^"''^f"" ^a.d, v/::'jthe Charges- hnnlTn- ,. v j ™ '*"'= ^' 'f""- Terfons to be appo rtS'bv W?.fa„, T'-'t "J,""'' ''y ""•" of the ftid Comm ffionerT L .t d " A= ""'«''' ""^ Seals ding. ' ' "*«° " '^'''''"=> '0 '1'= 'onlrary notwithftan- v.J;tf:7st:tSc\'y".h\"^c:;trm;t^'"s Y^^^mri^- --.««-. Aa. may appeal to the C.^^ZT^Z'ZIT'"''' "' *'^ Jiy^X'" '53- lIlQ Pfcamble, CAP. in. 'toln Y '^''to" ',° '•" ^'^' '"''"'= >'" tl« Thirty Se- ^'« ^yr«x ,„ tie T' f. a;::, tt' y< Age rhall fire ou, ofany G „,7,2.'or i'"o'T '"""="' ^'^'"^ fonolv/hatAKcor Doi>r^,- c,,,., ,i ' ' ''^"' ' "■■ '' any IVr- Vardsofuny Per , e , ' '/' ^.""' "'""" <""-■ Inindred , ...plied in Le m t:; as if ^rd,' ,: Lir""''^^- '^■^'^■''- »"" '•-"'"-■ -.■ IVna'tyon Prrr,,,, f't'cr/purttciV... , •'7 tJun, &t, or nnv IVrfon c Ge] faid An AC^ pence of fu^ and Affmh Town or ' maintain a fons be a r Apprentice Year, next executed fc and paid hi or any pub] n. And ^vithin the the rcfpcdti Tons [hall bi HI. And who rtiall a) ing ohtainct quiicd tode i7ro. Anno Decimo Regis GEdRGii III. Cap. I. At the General Assembly of the Province of Nova Scotia, begun and holden at Halifax^ on the Sixth Day of Jufie^ 177^^ in the Tenth Year of the Reign of Our Sovereign Lord GEORGE the Thirds of Great Britain, France, and Ireland, KING, Defender of the Faith, Wc, being the Firft SefTion of the Fifth General Assemble convened in the faid Province; ^ss^ CAP. i. An ACT for the Settlement of the Poor in the fevc ral Townfhips within this Province. ^^ ^n^uF"^^ '*' " "'''^'"y ^^^^^'=' ^'or k this Province '"' ^"'' 43 ^/^*; g ^ g /hould have Jome fixed Place of Settlement, to prevent their "' "' ^}®®S TZr''^ 1 th' Country, ana that the Towns to which „„.„,,. t^fr.'^ '''^r'P''b Mong, JhoulJ not be tut to the Ex- '•' T/MrT^'l^ry ^^i^^naaedbytheGoLnor, Council, ' Town nT^'.I'n? ^^°"^, .^"d jifter the Publicatiort hereof, no Town or Townfh.p Within this Province, fhall be obliged to Ions be a Na .ve of luch Town or Townfhip. or have fervcd an YeTnexH'?' or have ,ived as an hired'servant one who e execute r ^''^'''^.^'}' P^^^°"^ Appliration for Relief, or have !^5 n -i v""' ?"^'^.'' '"""'' ^«^"' o"- ^«» have been afTeflcd and paid h.s or her Share of the Taxes for the Poor of fuch Plac' . or any pubhck Taxes during one whole Year, at one Time Jh^t '!• 'a n'f- ^"^"'''^ cndPnaSled, That every Perfon ""' - with.n the (aid Delcript.ons fhdl be intieled to a SettlTmcnt in '"'•" t.^t^?^7''''V.''' '^°^"^^'P« therein fuch PerfoH Pc - Ions fhall be fo qualified as aforefaid. III. jind he it further EnaElcd, That any Pcrfnfi nr V.,c who ma I apply to the Overfeers of the Poor for SfHrrh' •ng obtained a lawful Settlement in the Tow^fhip In K '" \:^ZT't^ Quiicd tn H*i Oath before one of His MajcHy's Juftices of RSd]'" '''•" °' DefcriptioD of Perr foas in II tied to b« ditinlaincd. Hilled (o ■ fiS6. ^nno Decimo Regis Georg ii III. Cap. I. 1770. the Peace for thei*aidTownfhip or County wherein fuch Townfliip fhall be, l)is, her or their 1 aft place of Refidencci and if they arc found to have gained any lawful Settlement within this Province, a true Copy ot the faid DeclaratioTi, attefted by the faid Overfeers of the Poor, and certified by the faid Juftice of Peace, togcthei with the Amount of Expcnce incurred, Ihall he tranfmitted to the Over- icnr of the Poor of the Townihip to which the faid Perfon or Per- fons (liall belong, and in cafe they rcfufe or ne^led to remove the ia.d Perfon or Perfons, and pay the Fxpenccs incurred, it fhall and may be lawful for any Two of His Majefty's Juftices of the Peace for the County or Towniliip where fuch Perfon or Perfons have become chargeable, by a Warrant under their Hands and Seals, to caufe him, her, or them to be removed to the Townfhip where they lafl: obtaineii a lawful Settlement, and the Overfeers of the Poor are hereby required to receive fuch Perfon or Perfons, and to pay fuch Sum and Sums of Money as rtiall have been nc- celTarily expended as aforcfaid, to the Overfeers of the Poor of -the Towndup from whence fuch Perfon or Perfons have becfi removed; P/ovi Jed always, That in cafe fuch Overfeer or Over- leers of the Poor, (hail not have Money in their Hands where- with to anfwcr faid Expcnc -, fuch Overfeer or Overfeers fhall fland charged therewith, until the next AffefTment to he made on the TownHiip to which fuch poor Perfon (hall belong. IV. jlnMe if a/fo EnnSfed, Thit it null and may be lawful for any two of His Majefty's Jullices of the Peace, on Complaint of the Overfeers of the Poor, to bind out any Peifon or Perfons* Ke,«inK«,ii,omn. ^^^"^;.=i>"^'^f^;","^^»^egging or ilrolling about, for any Term not '^ "* ^ exceeding one 1 ear. Ovcfeers of the Pour to remove rcrf'ins belonging to Townlhip where they feivc. In (iefiu't, 2 Jiif- lices by VV«rtant to caufe irS Per- fons tu be icmo- Ved, And the Overfeer* tu pay uil Charges. If fuch Overfeers h.ive not Money in their Hands, (o nd chaigid therewith until next ^MrefraK.nt. Two JufticM to lund out Perfons HW. ij Murj, fap. II. Poor old blind t lame, and Itnpotent Perfons, to he ro- lievf J by their Pa- rents or Children, in Manner us by tttfli ns ihall bior- dttcd. ro/.. b. V. And he it alfo further P.tia5Jcd, That the Father and Grand- Father, Mother and CJrand-Mother, and the Childreji and Gra-.id-Children, feverally and refpedtivcly, of every poor, old, bUnd, lame, and impotent Perfon, or other poor Perfons not able to work, being of futlicicnt Ability, fliall at his, her, or their Charges and Expences, :1ievc and maintain every fuch poor Perfon as aforefaid, in fuch Manner as the Jullices of the Peace at their General or Quarter SeJ/ions (liall order and direft, on the Penalty of forfeiting and paying Five Shillings for each Perfon io ordered to be relieved, for every Week they Ihall fail therein, to be fued for, levied and recovered in the ufual Manner, and to be applied for the Ufc of the Poor. ' V'r 'A"'^,^'^<^rf^'''t^""ietime8 happens, that Perfons run away, or abfcond from their Places of Abode and legal Settlement and leave their Wives and Families a Charge to the Public ; although fuch Perfons may have Ibme Eftate real or perfpnal, whereby the Place might be eaied in whole or in Part, which i. moft juftand reafonable ) Be it therefore EnaShd, That i^ (h.dl and may be \aw^ lulfor the Ovcrlccr or Overfeers of the Poor of an)' lownfhip 1770. within th from, anc abfent fro Charge ; Under the feize the Rents and Father, o the maint or Childr( fli>dl be al or ^,artet faid Overf the Cafe r of the faid der, and t tenancc of vir. ji the Parent ment in an Children, in tlie Pare . vrii. y, Perfon or 1 any Proccc ^ip, Perfc neralox ^< fuch Town ^ons fliall re impowered Complaint, think cquit final and bi An Aa ir an Ad jefty's I Townjhi lie 1770. 11 "1 urii^HV yfnnoDecimo Regis Georgii III. Cap. II. wVndVoZ'"'h' w-r^"? Huft>and or Father fhallabfent* ^hS^tom^nAtc7t ^"?.,S^''^^^"' "'' any Widow fhall aoienttrom. and forfake her Children, and leave them a mib'ic Undefthe h'^S^^ to two Juftices of the Peace. anc?by W^ rn S^t eSt^'H^K^'^S"^^^^'^^'^ twojuftices, to^ake and RenVrnd P °fi. f ^uT^ '"'^ ^'' °"^ ^"'^ '^^'^'''^ the annual Father or m! h ^^^.^^^l^^d^ ^"^ Tenements of fuch Hufband the main' ini,.r-.° ^'^^^^"'^^"g «^ ^forefaid; for and toward or cSeT fo^^^ "^;- 'f PT^'^''^^ ^"^ ^"^'^ ^^f^^ Child, flidl be .11 Ll^ f as aforeja.d, and fo foon as the faid Seizure lr9r.rt Trr °^'r^ f°"^^'"'='^ ^y '^' J"^i^" i» their Gen al Llf^! r '^"''°^''''^"'^"^' it null arid may be lawful for the ^d Oerfecrs, or any two of them from Time to Time and .s Vir. JnHeit furth.^ Enamel That in cafe of the Death of the Parents of any Child or Children, who have JinedVs. rtlf Ch'lV" '1T,7"?*P '' "^"^^^'"^' ^» and every rchCh Id o'r Ch dren, (hull be fupported by fuch Town or ToChip where- in the Parents lo gamed a Scttleme,^. ^ "^ fnv ?W h' ""? ^^^^^^^-^r. (hall thi,;k themfelves aggrieved bv any I rocccdiogs had m V rtue of this Afl- r.,^K ^ •*fci,"c/tu by wmwmm s;r^;u:;ab^ ^r^'i^r o^^'?f /^^"^^ final and bind all Parties '"'^ Judgment [hall be m^ r.inilf, Tenrmenti •nd Effrfls of }'a. rents or Hufb^ndt K-.'ving ihpi< Chil. dren or Wivej, li. able 10 be token for their Mainicniincc. bverfecri of the poor to ippy 10 $ se'eure (n he tU ow'd by Siflioni, bverfeeri then to All and difnofe of Otod««ndChutt«U for ihiit Purpofe. Children ofParenti dcdeafed, who have gajtird uSetilrment, to be fupported. Townfliip* or ?tt' font icgrirved may appcii 10 the Scf* fions. c A P. ir. An Aft in further Amendment of and Addition to an Art made .„ the thi„I Year of His prcfent mI- jefty 8 Reign int.tlcd yln Aa to enable the fevcral > <=- 3 », 7. ro^»M'^>Mn,hhProvme to maintain JToor. A "^ A '""'"''' "• '."." P'-""'". '0 mM only mce a Tear L orZ '■«-"* O, U tnuSIed ly tU Omrm, Council, W ^Jfemily, !58. ytnno Decimo Regis GnoK oil III. Cap. II. ^770: Tnhabltiints to hold two Meetings, if lieccfl"ary, every Year, en lU Mon- day o( Jjiril, & ill Monday in Noviia- btr. It Kufinefi not com- pleted on ihufe Da)"!, to adjourn to one otiu-r Da/. That from and after the Publication of this A. InCafeofRrrurai uf Fieehi Iders to inert, & provide lor Poor, tlie Juf- ticc) in their (Gene- ral Srfliont to amerce the Towiu fliip. AfTeflTiri refufin|; or Dcglefttng lu fctvc^ to pay 401. and other! appoint* III. And be it further Ena^eH, That th6 Overfeers of the Poor, (hall for the future account on Oath, if required, before the General SeJJions of the Peace held next after the Expiration of their Office, for all Monies raifcd and di(buried by them for th« Support of the Poor. IV. And Whereas the appointing twelve A(refrors for %([i:King the Sums voted for the Support of the Poor, is in many refoedts found inconvenient : Be it EnaSled, That for the future the faid AlTelTinents fliall be made in the feveral TownHiips [Halifax ex- cepted) by five Freeholders, and no more; any Law, Ufuage, or Cuftom to the contrary notwithftanding. V. And be it alfo EnaSied, That in cafe of the Neglcdl or Re- fufal of the Freeholders of any Townihip to meet and make Pro- vifion for their Poor, as is direded in and by this Adl, the Juf- tices of the Peace, in the General Sejfions held for the County wherein fuch Townftiip (hall be, fliall on the Application of the Overfeers of the Poor, amerce fuch Townfliip in fuch a Sum as (hall appear to them to be fiecelTary for the Ptirpofes aforcfaid, and (hall appoint five Freeholders for alTeffing the fame in the fe- veral Townfttips, {Hattfax excepted) and the Sum fo amerced (hall be levied, paid, and applied for the Support of the Poor of fuch Townftiip ; and if the (aid Afre(rors fo appointed (hall refufe or negleft to ferve in the faid Oflice, they (hall be fubjedt to a Fine of Forty Shillings each, for the Ufe of the Poor, which (hall, on Failure of Payment, be levied by a Warrant of Diftrefs and Sale of the Goods and Chattels of the Perfon or Perfons fo rc- fufing or ncglcding, and others (hall be appointed in their (lead. VI. And Whereas in and by an Aft made in the Eighth Year of His prefent Majcfty's Reign, intitled An ASl in Jurtbtr AMiion 1770- ^nno Becimo Regis Georgii III. Cap. III. ^59' M /' ^'^'"'^'''"'. ff'/^ ^'^' ^« ^^'^ "r/j^'rd Tear of His trcjcnt Maje/iy s RagmnUl\cA An A51 to enable the Inhabitants of the feLd lownjhtps mtbin this Province to maintain their Poor. TJie Fine impoled on the Overfeers of the Poor for negledline to im.e their f^"? ^u"^'" to'noTf ^°,^'^ Vr 1^.^'^^^ ^^^^^ ^--^^1 Tow^hips, r^equirin, them ^^^^^'^I:' c- r aT ! ^"'jabitap.ts to meet on the Day appointed by the ^'"''K' ["' ^"'■ f;ldto h"' "?'' r^-vifi^/or the Support 'of ^L Poor. I di! S;".^t t^ij refted to be paid to the Treafurer of the Protince , Be it Ena£Jed '^' ^^°"'")- '^^t 1 hat the faul Fine fluai for the future be paid to the Treffurer of ^"'^^• fuch O^'i-' ^-/h^Vi°^^^.^^°°^ of the^^ownfhip for which P-pt r. ...Ty. luch Overkers fo n.gleftu'g fluli be appointed, and that the faid I^V"' '"'m '""'• Pre ept fhall have rcipeft to the Days appointed by this Ad. Jhil'Ar"'"^ " cveTv"Tol'''^Tf'''^^^.^"''^'''' J-^'J.'^' Overfeer«ofthe Poor in Ovcrr«»of.h« every 1 ovviilh.p, (hail enter their Proceedings in a Book to be ''""^ '° "'^^ ""fU kept for that Purpofe. and at the Expiration of their Office, they tr"""""" ihail dehver the lame to their Succcflors. ^ C A P. III. An /. : C A P. IV. An Aa for regulating the Commons belonging to the feveral Townfliips in this Province. FSl-^"*^ HERE AS it is necefary, that feme Regulations jhould H IV ^^ be made refpedllng the Tracts of Land Jet apart Jor Common, kl^^S in the feveral Townjhlps in this Province-, T. Be it Enacted by the Governor, Council, and A/embly, That the'julliccsin their feveral General Sejjions of the Peace, to be held for the feveral Counties in this Province, Ihall from Time to Time atlix and fettle fuch Regulations as they may think moO pro- per and convenient to be obferved and followed by the Inhabitants in the fcveralTownniips within fuchCounty, and fuch Regulations fo mnde. atlixed, and Icttlcd, Ihall be and aic hereby declared to be the Hated Rules to be kept, obferved, and followed, by the In- habitants of each refpeaive Tovynlhip, in regard to the Common belonging to the fume, II. And 1770. ^nno Dec'tmo Regis Georg ii III. Cap. V. 26r Penalty on ftich at- tratirgiefs the Re- gulation!) io made ; ir. yinJ be it alfo Enabled, That if any Perfon fliall tranf- grcfs any fuch Rules and Regulations fi^ to be fettled and aifixpd, or (hall ncgleft or refulb to obey the frme, fuch Perfon Ihall forfeit and pay a Fine not exceeding Forty Shillings for every fuch Ofience, and in cafe fuch Offender Ihall refufe or negled to how to be applieJ» pay the Fine, then it fhall and may be lawful for any Two of His Majefty's Juftices of the Peace, to grant a Warrant of Diftrefs for levying the fame in the ufual Manner, one Half to be to the Perfon complaining, and the other Half for the Ufe of the Poor of the Townfhipvvhe.re the Offence Hiall be committed, and in default In^nf^fbfcoSl' of fuch Diftrels, to commit fuch Offender for any Space not ex- niiue'd to Goal, ceeding ten Days. CAP. V. An A6t for cftablifliing the Rate of Intereft. F^- s""^ E it E^nacled by the Governor, Council, and JJfembly, That j^ Z? Jl^ noPerlon or Perfons whatfoevcr, upon any Contraft which k^'Aj«( ^^.''^^ ^^ "^^^'^' ^""'^^^ ^^^^ diredly or indiredly, for Loan of any Monies, Wares, Merchandize, or other Commo- dities whatfoever, above the Value of Six Pounds, for the Forbear- ance of One Hundred Pounds for a Year, and fu after that Rate for a greater or leffer Sum, or for a longer or Hiorter Time ; and that all Bonds, Contraifts, and Affurances whatfoever, for Payment of any P/incipal or Money to be lent or covenanted to be perform- ed upon or for any Ufury, whereupon or whereby there (Ivall be referved or taken above the Rate of Six Pounds in the Himdred as aforefiid, Hiall be utterly void, and that all and every Perfon or Perfons whatfoever, which fhall, upon any Contradl to be made, take, accept, and receive, by Way or Means of any corrupt Bar- gain, Loan, Exchinge,Cbevizance, Shift, or Interefl of any Wares, Merchandize, or other Thing or Things whatfoever, or by any de- ceitful W*ay or Means, or by any Covin, Engine, or deceitful Con- veyance, for the forbearingor giving Day of Payment for One whole Year, of and for their Money jf other thing, above the Sum of Six Pounds for the forbearing of One Hundred Pounds for a Year, and fo after that Rate for a greater or leffer Sum, or for a longer or fliorter Time, fliall forfeit and lofe for every fuch Offence, the treble Value of the Monies, Wares, Merchandize, and other Things fo lent, bargained, exchanged, or flfffted ; one Moiety thereof to be to the King's mofl Excellent Majclly, His Heirs and Succef- fors, for the public \]k of this Province, and the Support of the Govern:nent thereof, and the other Moiety to him or them that will fue for the fame in any of His Majefly''s Courts of Record in the fame County where the Offence fliall be committed, and iioteHewhcrc, by Adionof Debt, Bill, Plaint, or Information, in ^whichno Effoigu, Wager of Law, orProtcaion fliull be allowed, IL Provided, Eng Slat. 37. Urn. 8. cap. gl No pffater Intefeft than 6 ferCt. pet Annum to be taken; if more is takm, B 'ids, ContratU, &c. to be void ; Perfons wlio fliall t..ke more en any other Contrad lor Goods, iiz. to forfeit treblo Value; Application of tW Penalty, how to be recover^ j cd. 26 £ Excepticns, Pfovifo that all C"oriiraf\s, &c. ti. or Loan at [n- tprell hi-'ftofore ti;aJe, flial! be good. ^nno Decimo kegis Georgii III. Cap. VII. ^77'^. II. Provufe^^ That nothing; in this A& fhali extend or be con- ftrued to extend to any Specialty, Hypothecation, Inihumcnt ol: Agreement in Writing, that (hall be nmade, entered into, or exe- cuted, for any Money lent or advanced, upon the Bottom of any Ship or Veffel, any Thing to the contrary notwithilanding. III. Prcviiled alfo. That all Contrads and Agreements upon Loan at Intereft upon any other Rate heretofore made ;han is prefcribed by this Ad, ihall be good, valid, and effeftual to all Intents and Purpofes vvhatlbever, in the lame iVIanner as if this Adt had not been made. 52. Geo, 2. cap. 20. Preamble. Manner of prpcce- tiing apairll Pcrlori puL'ifninp Libels, &c. alceieil. Suit to be in a Court ot Record. ^reimble; CAP. VI. An Aft to alter the Manner of proceeding agalnfl: cer« tain Offenders, mentioned in an Adt made in the 3 2d Year of His late Majelly's Reign, '-Htled An ^ASi for punij%7ig Criminal Offenders. g>K)^)!( HERE AS in and by the fifteenth Se^ion nf an A61 made ^ /T J in thf thirty /econd Tear of His late Majcjlfs Reign, intit/'d }^M)^^ " Z^" ^^ ^'^^ punifliing Criminaroffenders," certain Fines and Penalties are prefcribed for Libels and other Offen- ces therein mentioned ; and luhereas the Manner of profecuting fuck Offenders has beenjound oppyejji've ; Be it EnnSfed by the Go'vernor, Council, and /IJfcmbly, That for all fuch Offences as are recited in the Sedion aforelaid, the Party grieved (hall not proceed againit fuch Offenders before J uff ices of the Peace, but by Suit only, in any of His Majefty's Courts of Record, and that no other Penalties lh-.ll hereafter be inflided for fuch Offences, excepi. fuch as are ufually inflidled in Courts of Re- cord, in Cafes of Criminal Profecution for the fame; any Thing in the laid Sedion to the contrary notvvithftanding. CAP. VII. An Aft for altermg the Times of holding the Courts of General SefTions, and Inferior Courts of Common • Pleas at Liverpool, in the County of ^eens County, ^!©l©{^ HERE AS in and by an Acl made in the f event h I'ear U JV S of Hisprefnt Majefiys Reign, mtitlcd An Adl for regu- § ® lating the Times and Places for holding the feveraJ X©8®)^ Courts of Juffice therein named; it is EnaJed, Thnj the a fealed Mc 1770- ^ir,no Dcdmo Regis Georgii III. Cap. VIII. 26^' Courts of General Sciiion.s of the Pence, and Inferior Courts of Ccaranun V\c:.^ JhiU he Md for Q„.en's County in the 7ozon ofU^ verpool, on the Frr/rrat^i\hy o/'Fcbmuy, and on the Ihihi Tuefday oj Scpterabcri and whereas the holding the J aid Courts at tbofe limes V'i. ^een foimd inconvenient ; . Beit EnacleJ hy the Gojerncr, Ccrmcil, and /lljhnhly. That the en' OT yjpnt, ana bccond Tu^Jday of November, in t Yeir ""any ^''^'»'""" i''*^" "> Law, Ulage, or Cullom to the contrary notr.'ithftunding. ' ^ ),T::'tZ '' 'Juefiiav of ///ir//, F^ arc) zd TucfJay O'l ~ — ■ ' ■ — ,-A i N'>'V(m!>er, CmiTts of Geriral Senionsof ihei'eitc C A P. Vlil. An Aa for rftablifliing the Toll to be \en at the Te- veral Grift-Mills in this 1 TO"!, 5^5©!^ £ // EnaBedhy the Governor, Council, nnd ^[Jhrnhh That '^'" f"'<''I'"';ng t^'l wh^af if ' .t^";;^ ^^'^^>; ^'""^•^■^- /^'"^-^' .;ro;.r::a^:: ^J^iSjl o c ' ^''', ^''^'y* ^***' ^"^ ^"^'^" Corn, Ihal! be J- Co,„. to b. r t^A^ r "^^''"'^'^'"' and no more, tobcafcertaincd by '-'"'• a Icaled Mcafurc, ■' II. AnclbeitalfoEnaaed,T\,^^\{ any Miller rhall take any m;,,... »,kl„. greeter .oil than ,s herein dirSded to be taken, he H.all forfi gSe-'iS^.^ro. 40s. le Ufe tf the and pay tne .Su,n of Forty Shillings, to be paid to the Ov rfee ^^^t of he Poor of the Tov^nfhip wherein the bfi^:nce (hall be com. ^J^ im tted oroi the TownHup moft contiguous thereto, for the Ufc T of the Poor, and be recovered before two of Hi^ M,:^A„'o t a- ^°' ■ nd recoi'ci'ci ire 2 Jultacs. Manner. nnd and III. Provided ah,nys. That no Miller Hinll be obliged to receive >"*'"^;";y ^orn or Grain wlikh ihuU not be clean, dry filler, not nWigrd in good Order. * ^' to grind Orain U cioHn, dry, and la goud OiU«r. SX CAP. IX. 264. jJnno Decimo Regis Georgii III. Cap. X. 1770. 'f,/Glo, 3. Cap. 12. PreambUf^ Ox, Bull, Steer, of Caw Hides may be rxpottcd 10 the ]*lani»tion« when ihe Ptice \f 3d ptr /i, or under. CAP. IX. An Ad for altering and amending an A^ made in the firfl: Year of His prefent Majefty's Reign, intitled y^n ASlfor p?'ohibiti?j^ the Exportatioji of Raw HideSy Sheep or Calf Skins out of this Province, other than for Great iBr'tain^ and to prevent the cuttirig, fpiit- ting, or flawing of Hides. y}g|©; Skins out of this Province, other than for Great Bri^ tain, and to prevent the cutting, fplltting, or Hawing of Hides 1 // is provided. That when the current Price of Raw Hides, Juch at Ox; Bull, Steer, or Cow, pjallbc under three Halfpence per Poundt the lame may be exported to any of His Majejiys Plantations ; nvbicb has proved a great Grievance. ile it EnaSfed by rhe Governor, Council, and j^Jfmbfy, That from and after the Publication of this A61, it ihal) and may be lawful for any Perfonor Perfons to export to any of His Majefty's Plan- tations, any fuch Raw Hides as abovemcntioned, when ihe Price of fuch Hides fliall be three Vcnctper Pound or under. C A V. X. An A(St fof tiie Benefit of the FiOicry on the Coafts of this Province. Freambtt. NoITeadf, Rnaei, or clhcr IJffal of ridi in bi' iliriiMn into the Sim wiihia 3 Lc*.guvi uf the bhoie. Miner 10 foiffii^j. I Conviflion before One Judice, urpofc, ftoulD bt tirmcD toith autbontj) to pimiflj tbofc j^ctfuns \ut)0 rcfufc or neglcft to attcnD at tbcir Cuurt0 upon Due Citation. I. l*c it OEnafteD, bp tbc «Couernor, Council, and aiTcmblp, That the Ciijvcrnoi, Lieutenant ( lovcrnor, or Cunimandcr ia Chief as JikI^c of Probate or ihcir Cominifliirics, or Judges of I'ro- juii({« of pmhme hate bv them appointed tor that I'urpofe, be and arc hereby fully "utKoriioii to cii .'■/•. II I f L- I. J. • 1 J • ii before them all I'er- auihonled to tall before him or thcrn, and to rccjuire and adminilkr (;„„ ah, eH.d ot an Oath unto any I'crlbn or I'erfuns probably lulpedcd by any Exc- having iirtwt' be- tutor or Athiiinhtrator, Heir, Creditor, Legatary, ©r other Ferfjn, having lawful Right or Claim to, or ia fuch Rftate to have concea- l.'d, imhe//led, or convevcd away, any Monc f loods, or Chatties 1 ft by the Tcllator or IntclLitc, for the Difcovery of thefame.anJ III C'alo any fuch fufj)c«i\ed I'crfon was intruded by the Deceafed, atftndcd upon, or wasothcrwifeamvcifunt with, or near u.^io him longing to 'I'vllalur or liiuiUie. 3V I at mtmjL. 26S. may commit to Ooal fuch as leMe. jiTHio undecimo Regis Georgii III. Cap. I. 1771. at the Time of his Sicknefs, or left in the PofTefnon of the Eflare, wherebytoftrengtheij and make the Sufpicion more violent, and fhali reflife to acquit him or hcrfelf upon Oath, it fhall and may be lawful for the faid Judge of Probate, or his Commiirary, or Surro- gate, to commit fuch Fcrfon (o rcfuling to fwcar unto the Goal of the County, there to remain until he or flie fliall comply to dif- charge himfelf or herfelf upon Oath as atorefaid, or otherwife be releafed byConfent of the Executors or Adminiftrators, Heir, Cre- ditors, Legatary, or other Pcifon, having Right or Claim to,' or in fuch Eftate. When Eflafe infol- vent, Diltribution to be made as far as lideiXi will ex- tend. Apprairement to be made. Comminionerstobc appointed to ex- amine Claims of Creditors. Notice f.iven to all iVrfons to bring in their Claimi. SAvinj; unto the Widow Right of Dower. n. 0nfl tubeteaji g?cat Diiffciiiricg DatJe attcnncu tfjc Di* Oiibutton of infoltient (BMrn; in ©tliei to tcmcsp tU fame, TBe It onion to the Sum? unto thcni rffpcf^^jvcly owing, ac- cording as the li^ftate will licar. Saving unto the Widow if any be, her Right of Dower according to Law in the Houfts and f.rinds of the Deceafcd. Th- Widow's Dower at the Expiration of hv.r Term to I77I Jnm undecimo Regis Gforgii III. Cap. II. 269. to l-c alfo diftributed among the Creditors in a-like Proportion ; and no judgement of Law (except for Debts due to the Crown, Expence of Sicknefs ;nd Funeral Charges) fhall be allowed againft the Exe- cutors or Adminiftrators of any infolvent Eftate, fo Jong as the fame fhall be depending; and if any Creditor ihall not make out his or her Claim, before fuch Commiflioriers within the limited Time, fuch Perfon fhall be tor ever after debarred of his or her Debt, unlcfs he or they can find fome further Eftate of the Deceaf- cd not before difcovered and put into Inventory. Saving unto any Perfon aggrieved at any Sentence. Order, or Decree inade by the Comm'iltary or Judge of Probate, Liberty of Appeal unto the Governor and Council, fuch Appellant giving Bond in a reafonable Sum with fufficient Security to profeci.t; his Appeal with Effea, and to abide and perform the Determination^ that fh.ill be made thereupon. III. anO be it fUttbcr €naftcll» That when the Goods and Chattels belonging to the Ef^ate of any Perfon deceafed, fhall not be fnfficient to anfwcr the juft Debts, which the Deceafed owed, upon Reprcfcntation thereof, certified under the Hand of the Judge ot Probate with his Seal of Office to the Supreme Court, the faid Court are hjrcby impowered to liccnfc, and authorize the Execu- tors or Adminiftrators of fuch Efiatc to make Sale of all, or any Part of the Houfes and Lands of the Deceafed, fo far as fhall be no ceflary to fatisfy the jufl Debts, which the Deceafed owed at the Time of his Death, and Legacies bequeathed in and by the laft Will and Teflament of the Deceafed, and every Executor and Adminirtrator being fo licenfcd and authorifed as aforefaid, fliall and may by virtue of fuch Authority make, fign, and execute in due Form of Law, Deeds and Conveyances of fuch Houfes and Lands, as they fhall ^ofcll, which Inftruments fhall make a good Talc to the Purchafer, his Heir and AfTigns for ever. JV^J*>tOtiitlCDaltoap0, That the laf> Claufe touching the Sale of Court, fliall not be in known. 'V. ipiuuiuco aiTDapg, I hat the lalt Uai real Ef};ite, and Application to the Supreme Force 'till His Ma jelly's Pleafure therein is ki No Judgment of Law to be allowed, except for Debti due the Crown, &e. If Creditor doe» not make out Claim within limitted T.-me, tliey art debarred. AppetlbyMy Per- fop !2€itenat!eouptf)G (S^oucrnor, Council anDaOTcmblp, Notic given in the X TB X '"'^^'^^ ^'^'" ''^^ Futi'fc. Notice b«!ing given in the Jl'^Otta ^''^'■^"'•^ Ga- :r/./>^ Scotia Gazette, or other public k News Pa ner. or bv p?;;!,°' °^%^.'*! " '^'^^^''^ .nllixing fuch Notice on the Church Door at Mulifitx, that "" riiunh Duor any tli« i'itie. h Iff 270< Yo be deemed Publication. ^nno undecimo Reris Georgii Cap. IV. 1771. any Law of the Province was paflcd in (ScnCVal ^iTcmfjIp, inferting the Title thereof, fliall be doomed and is hereby made a full and proper Publication of fuch Law, any Thing in the above-recited Adl to the contrary notwithftanding. CAP. III. 1771 S,;pt£mbcr J Citned bas IBc it Cr tOat tbc fait Cucfcaj? of ^car, aiii? 1 fianiJing. 32. G«. l.Caf. 13. 34. Geo. 1. Cap. 9. 8. Ceo. 3. Caf. 3. Fng. Stat. 31. Juc. y.Caf. 26. Felory for any Pcr- fon to be Bail in n- noihcr Man'i NamC' Prtamblf, An ACT in further Addition to an Adl made in the Thirty Second Year of His hitc Majefty's Reign, intitled, An Ati relating to Treafons and Felonies. >:a"^§>' <2E it ^naftcD bp tl)C (^otjernoc, Counril anu aflfem- f TB S iJlP. 'That any Pcrfon or Porfons v/ho fl.all I^-foro the ?^? .- '^> Judges of the Supreme Court, or other Judges, or othe» ,•.§.••.'&.■•. Pcrlons impowcrcd by Law to take Bail, or Bails, reprcfcnt or perfonatc any otherPerfonorPcifons, whereby the F'crfon oi Per- foiis, fo reprefentod, or perfonated, may be liable to the Payment of i^ny Sum or Sums of Money, for Debt or Damages, to be reco- vered in the fame Suit or Adion wherein fuch Perfon or Perfons are rcprefcmed or perfonated, as if they had really acknowledged and entered into the fame, being lav/luUy convidled thereof, (hall be adjudged, efteemed, and taken to be Felons, and fuiTer the Pains of Death, and incur fuch Forfeitures and Penalties as Felons in other Cafes convi6led and attainted do, by the Laws of England, loofc and Forfeit. C A P. IV. An ACT for altering the Times of holding the Courts of General- Sefft on s and Inferior Court of Common- Pleas at Annapolis., in the County of Annapolis. «-<^.. O HERE JS in nnD b;.) an aft, m?l]e In tbc ©cucntb .« ,rr i pear of loii pucfcnt a^aicfty'B CUijjn, intitlcD an |y //^ (^ /\^ f„r regulating the Times and Places Ibr holding 1 (Ml X »^ic feveral Courts of Jurtice therein named, It is Enac- V.--1W-W ^^^^ ^jjgj jjjp COUrt0 Of Ceneral-Sofltons of the Peace, atlU InVrior Courts of Common-i'lcas, fl!)all l)C IJCID fOC tbe COUntp of Annapolis, in thC COtUn of Annapolis, OU tjje CbiiD CucftJay of January, ano Oil t|)c ^cconD Cucfoa;j of September, An ACT Thirty intitled, c£ If t^io m\ arc maDc of fuffer great ' tbe fame in I. 150 it t aflfemblp, 1 in Height fha 'I^refpartl'S ; ; I'ivall be reco' an aft for p II. 9nD In the County o Ciuarter ^t venting Trel Cattle going ; Circumilance! the fame by { Countiosatthe An A C T tie of I t iia 'i^^-O'-M in ficult^ tfjat ir '77' j^nm imdeclmo Reikis Georgii III. Cap. VI. 'r* s.^ptsmbcr J anu ^l)ereas tbc fjolDing tbe faiD Coiitw attfjofc Cime.3 ba0 been founo inconuenient; Xc it (2BnafteD tip tlje ifsotjcvnoi, Council, and ^(Tcmblp, tOat tbc faiD Courts fliall be fjclD for tbe future, on t&e jFirft CuCfCai? of April, anO tbe jTica DuefDav of November in cuccp ^ear, any lato, Clfagc ov Cuftom to tlje contvarp nottPitb^ flanlsing. Courts of General Eeflions of the Peace and Inferior Court to be held at Anna- polis on iftTuefday of jlpril, an'l j(t Tuclday oi Novem- ber. C A P. V. An ACT in further Addition to an Ad made in the Thirty Second Year of His late Majefty's Reign, intitlcd, An yltl for pt'eve?iting Trefpajfcs^ \W?^HEREJS it ha0 been founD imprafticabid to keep '^ IV ^^ up anu maintain jFences of four jFcet anD an balf •!;: <§>T- t5ig(), on tbc J^cninfula of Halifax, efpcc(aU|) fucb a0 arc maoc of 'Atones, tubccebg tbc lg)roprietors of fenccD lanus fuffer great Damage bp CreQjaflTejBi, anu a?e unable to lecotiei tbe fame in HaUj. 1. I5e it tbercfcrc Cnafteti bp tbe 2r>if' ficultp tbat moy bereanec arife toucbing ibc fame. ^ ' 1^ I. Ti5C IT- Wife aflipiiing Dower to be Exa- mined baforc a Jaf- tice of the Peace. yinrto muJecimo Regis Georgii III. Cap. VII. 1771. Jaftice to certify on the Deed. Nothin* in this Aft to afi'eiTl any Deed before made. I. lS>t it €naacD bp tbc 10. Cct. Ciif'. Tlio Couniici to beaflfiitd for Piiy- jnctit ot C'runty Memhers unH the Towrr. I'')r the 'lonr. Mcir.Ltu. ,. CAP. VII. Ai. Aa in Addition to, and Amendment of an Aft, made in the Tenth Year of His prefent Majefty's Reign, intitled, An AB to enable the fever al Coun- ts is 'within this Provi?ice to raife Money for Payment of their Reprefentatives. P^^k HERE AS fome5DouOt0batiea2lfentobetberittoa3 S /r 2 tft<^ 8!9eaning anD 3lntent of tbe iLcffiflaturr b? m Ze^J^ 3ft matjc in tbe Centb J^car of Ipiji prcfcnr o^aicflp'jj • ^^<'^'* lUtgn, intitICO, An Ar the Ufc of the Poor of the Town whore the Offence fhall be Committed. ill. anti 3:.. GVo. 2. Ca/). 2tt 4. Gto. 3. Caf. 5. 2. Severn. 6. Geo. 3. C»/>. 5« I . Sfjjion. 7. G',fl. 3. Caf. 4. 1. Sf£te». Three Juftlccs to make monthly an afli7.c of Bread and publick notice thereof to he jjiven by the Clerks of the Market. Clerks of the Mar- ket t5( HFREAS in tbe ^cconD ^cftion of an aa, mane =rcambte. ^ i^^ jn tfjc Ji^itttD gcav Of J!)i0 prefent Q50iell^'0 Ecign, ]?<(§>$ intitlen an 2a \i\ funf)cv aooition to, antj amentimrnt of an aft. mane in tlje C(uvtj? jFourtf) ^mx. of 1^10 late Q^a/cCy'si • • ■ ' • JReign, intitUD An A6l for appointing CommilTioncrs of Sewer?. 3lt 10 PtOttiDeD, that any Perfon thinking himfelf aggrieved at any Sale made by the CommifiTioners of Sewers in Purfuance of the faid Aa, may appeal to the C'CnCVal aflcmblg for Relief. 9nti\ubetea« great 3lnccnticnience0 anrj2:)elap0 fjatje avifen, to IPerfon0 fo agtrrietJCQ, bp an Appeal to tfje General Aflbir- My, therefore to remeop tbat ^nconutnicncc anD pceuent fucli Delap0 for t&e futiuc. I. Beit dBnaftcn by tfte (g)ot)erno?, Council anD aiTcmblj?, That all fuch Appeals as by the atorc-rciittN I Sv.'dion of the faid Ad, . ,, . are to be made to the General aflcmbly by any Perlim thinking Sr'irV Land by himfelf aggrieved at any falc made by the C'ommiflloncrs of Sewers Coin ,iiniom.rs of as atorcfaid.-fhall from and after ihc Publication hereof, be made to :i ^ \c iriiuie Y^Q Governor, Lieutenant Governor or (\)n:nander inChief for the Scat Council »■■— — •—- J lime being, and His Majefiy's Council, who are hcrel^y authorifcd, and impowered to take Cognizance thereoi, and to jiroceed thereon in like manner as by the betbic iccitedChuil'r >if tlv. faid ad lliould Iv'.vir beer, done by 'tlu- ^if.UPrrt! UirciUbli'. An ^sJoc^kJkSm^JooJ -r+pr* 17-72. jiiJKo-E^odecim Regis Giorgii IIH Cap. I. — f'.;\gr-'t. ' ■ .;. ' ' ' ' At the Gener At- Assembly of the Pro- vince of Nova-Scotiay begun and holden at Halifax, on the Sixth Day oiJunCy Jnno Domini 1770, in the Tenth Year of the Reign of our Sovereign Lord GEORGE the Third, of Great-Britain, Frjjke, and Ireland, ^^'^g* Defender of tb^ Faith, &c. and there continued by fi^i^eral Prorogations until the Ninth Day of June, Anno Domini 1 7 7 "i-, in the Twelfth Year of His faid Majefty's Reign, being the Third Seffion of the Fifth General Assembly convened in the faid Province. 171. < ."♦ CAP. I. *^ «■." (' An ACT for altering the Times of holding the J •*'^** Courts of General Sejfions and Inferior Court of Common Pleas at Horion in King s-County, ^-^.f^."^ Cf) :^5 intirfeU, An Adl for regulating the Times and Place* 5^ ;{ Genf ral Stffioni CO he held at tfmrringliH I ll Tuelilay'i of ^unt «nd QStiir. CAP. II. An ACT for Impowcring the Jufticcs of the Peac« for the County of Sunbury^ to hold Courts of Ge- neral Sejftons of the Peace at JVarrbigton^ on the Ifland of Campo-Bello in the faid County, for the faid Ifland, and for the Diftridl q{ Paffamaquoddy^ comprehending the liland* within th" faid Diilrid. A %yK^y^ ^ € m ■..". iHf!i rf'j.l f il I ' b» I.Ktifiii"- 1 i'> 'he R;. i1 ,'- JlHce at //.<,'//■'•'< * M. il.» "I Nov^. S: II*, ii 'h've Nmili^'-a'il ' 10 € E € a ^ t!)C great Cvtcnt of t&is IProuuitc, f'^ :r., '-• LTiBtbc DifiiculticsattcntJinctt&eijringirg iOceoa S= ^ -v nuD CoiiiKpancw from tlj: (cucral Diftant Counti. 9v*Vv f0 ann cotunstoitfjin ibef;ur;^, to Hahtax, to be "■ '' rcgiuccc^i, uitio? it crr'::)icntanDncceirar2 for tbe il^cciCcrg of E^ec^Jfi to atipoint ^c-uiiics in fucfj Countie0 ana Coin9, ann tot-ftcas it toiil f, •eiui^ contribute to tbe €afe ano Convenience uftbc 3nUl»itants tjjat fucb Deputations le c:>uiinueii» 1. Tire it cBnaitcu fa*' tbc Lieutenant ©otiernor. Council antJ an? nbii.\ lli^^t it' lliall and may be lawlul for the Regifter ofthi At the vjnc( at H Anno of tli GEC Franc tlie I^ fever; Day the 'J ie/l:y'« Asse: vince. An A C ' ifTuc oti: have hcc vera I Lo of tliis V\ 4^]^0f^^ J K'4es arc dcftt Kotcs lit litu 0) I. IrcitC'i •riutthc'rrr;!^ t i\d .ind dircci 1 ' takr v'p and ii*MvfaiVI, anil ' H' uint?;. '77> ylnno Ti'ftioDi'chm Regis Gr.oRGii III. C A I'. I. At the Oi^NERAL-AssEMBLY of the Pro- vince of Novu-Scoth, begun and holden at Halifax, on the Sixth Day of June, ylnno Domini lyyo, in the Tenth Year of the Reign of our Sovereign Lord GEORGE the Third, of Gr^^-Bntain, I'rjnce, and Lvlam^, King, Defender of the Faith, 6cc. and there continued hy fcveral Prorogations until the Twelfth DayofOL%kr, Jmio Domim 1773, '^^ the Thirteenth Year of His faid Ma- jefty's Reign, being the Fifth Genkral- AssEMHLY convened in the f^iid Pro- vince. CAP. I. An A C 1' to inipowcr the Province Trcafurcr to jiTuc other Notes in Exchange for fuch Notes as Jwvcbccn iducd heretofore, in Virtue of the fc- veral Loan A as made by the Gcmral-Affemhly oltliis Province, and arc defaced ami worn iiifi^i; J^'^Y^'f f'^'s bent rcprcfmcd. tl.uujhrral Per- ^•\jr l^M^f'^'^^ Po/Jtfs Notes for Sums borrowed i» ixy^^J (;'v/.; v'/r/VrAv/./y 0/ tins Provime, labour umierircnf ^ ^ Inconvemeacc by Rc<\\on^ that many of the Tiid JSoffs arc dcfai.dmd ivorri, and fome would prefer to Itave lircrc hotcs m luuof a Number offmaU Om, or to have the fame es- 'jiViged, 1-ur licinciiy uiu'r.'of, 280 I. Irc it eitnftcD li;) tf)r (ir>oucrnor, Council aiiD Iffcintun 1. . r f Kd .jiul dircclcd, on Application ,n;i(|,. f,, hi,,, f„r th it Pur ,,.r. '^""■' ^'^^""'^ «'"' |;t.k.vpand m civ. dl h.h Notes .or Money l^rtxnvJi .i ^^tStJ;;,')!;! ■H(:idaid, and iii Lu n ihoreot to m\c HmMnr= j^ t'-= Form '"'"'"g' i I m i M aSi Anno 1'irtio Decimo Regis G'E.oKGi I l\]. Cap. I. 1773 .r / ■ / / .1 Province Nova-Scotia the Day of RFXEIVEDof : the Sum of for the Ufc and Service ot the Province of Norn-Scotia, and in Behalf of " faid Province, I do hercl\v promile and ohiigo myfelf, and fuc- *' ceflbrs in the Onice uf Trealurer to repay the faid or " Older the Day of ♦'he afortfaid Sum of *' with Iniereft at the Rate of Six Pounds per Centum \k : Ammm. " This Note bcmgin Lieu of worn and defaced Notes hercto- " fore ifllied from the Treafury, amounting to the irke or fame " Sum and now cancelled. VVitnefs my Hand. Or in the following Form, at the Option of the Perfon who fhall bring in fuch Notes or Receipts to be exchanged. Province of Nova-Scotia the the Sum of f(jr the V(c and RECEIVED of Service of the Province of Nova-Scotia, and in Hehalf " off^id Province, I ilo hcreiiy promife and .ihlige myfclfani '* Succeflbrsin the Ollice ofTreafurer, to repay the fuiu " or Bearer the Day of the aforef;,id Sum of " with Intereft, at the Rate of Six Pounds per Centum per Annum. *' This Note being in Lieu of worn and dt/accd Notes here- ** toft;re ilTued from the Trcafury, amounting to the like or fame " Sum, and now cancelled. VVitnefs my 1 land. IT. 3nD be it furt()ec OlnaftCtJ, That all Receipts f ) ifficd Such Note> to beM "by the Treafurer of the Province, ihall, a'x:ording to the Tenor thereof, bear an Intt^ieft at the Rate of Six Tuunds j)er Centum per Annum.t and fo in Proportion tor a greater or lefTer Suin, and all fiu h Receipts lb given, fhall be dated on the Day following the Day to which the Intcrcft due an fueh Notes «)r Receipts brought in as aforefaid was paid. interelt. Nof«i brottf»hl In, to be tanrrlled in prflcnct of Prrfoiis 10 be appi)int«J l)y the Governor. Whctj Notes (lie brought ill 10 he exchanged, the in- tereit to be culcu- Uted to the d.iy the new Note ii da. ted I and not in- f luijrit ill neiv N)te HI. ailD be it OlfO fUCtbCr dBnaftCU, That all Notes brought into the Trcafury .is .doreiaid, and for which Receipf? lliall be given in I'urfuancc of this Adl iball be cancelled in Prefeiue ol fuch P*r(bn!> as fliuU beapjwinted by the (jovcrnor, Lieutenant G< vernor,(;r Commander in Chief »f the Province and all n w Notes iflTucd in Purfuancc of this Adl, fhall be countcr-'figned by them, or at leaft two of them. IV. 3nD l)C it o.ntcd as aforcfaid, toifft^e a Warranto fDf trcfs atulSaleof the l)dnot,cnt's Goods and Chattels fbr dt Recovery of the Sum fo aflefled with the Charges of Profccution. in. anO De It alfO f\\m% That in Cafe no iVrfl.n be rcfident on^ny I^^and. allotcd andafiigned as atorefaid, nor any (.<.H sand ( hat. Ics thcicon, whereby the Sumdue asafi.rcfad nny be levied, n ftal an.l may be lawHiI for any one of hi/\K . f(]y s Jtiflices of the Peace to la out any Partofftu h Delincme ts J.ands a. inay be .,. ,«,cnt to pay, by the ProdtK:eof the 1^ m .ny ltd) Dividend, Pioportion or Chaigeloduc, and incalo -i I er.on thai oiler to l„re the fume, {kk\\ Unds fhall be jnld f ha rgciiblv there wall. If Proprietor or perlon in pofli-flion rrfufes or nrjjlt-ai to pay fum nflcfVd, the fame may he levied by dilhef;.. In c%{f no pcrfou refidcnt on landu nor jjfjodt or ch.u- fli ihrrcon wnrrr- by n(Tc(lin(>Mt imv l)c Irvii'il, (lie hind,, to be let pr hcl' (•harg«Mlilc. 'k CAP. III. ^1 2b; A..HO T'c'r'io Da imo Regis Georgi: III. Cap. Hi, T -■■7 n CAP. III. An ACT in fiirVaer Amendment of an At^:, mndc 1 0,5.3. cap. '4- in the Firft Year of his prefcnt Majcfty's Reign, intitled, /hi AlI for repairin^cmd mending High- 'v:ays^ Roads ^ Bridges and Streets^ a??d for ap- fniiiiiy.g Surveyors of High^ieays withm thefeveral Towfifips in this Province. 4-*"^^ HEREJS in tbcfecond ScBlon of an yfSt, mrd: in the ;|; JV'^ firjl Tear of bis prcjhit Majijly, ir.titkd^ an Ad f.)r re- •<4;-"^ i«>-;i»- palling and mcndinj^ Highway^'j Road.'^, Bridges and Street":, and for appointing Surveyors of Highways within thcle- ver::! Townlhijss in this Province ; certain Forfeituns are dircBed :o he paid l>j fuch Per fans as Jhall negletf to attend on their Duty in f/Linner therein ft forth, for the Repairs of the High way i. Roads, Streets or Bridges, ivUch /aid Forfeitures are direBed to in' rerovered l>y warrant of DiJlr.'Js from one of his Majtjlys Juf- fices of the I'eaee ; and ichereas tt is t/jought more expedient t/jat fuch Forfeitures Jbould /;<• recovered asAetions of Debt or Trejpafs V . are recoverable according to the Fa/iu' thereof: ■ eamuie. ncjili'fl 10 attend fur rfpiiiiiim aiu'. mfiidiiij; Hi'^hwavi &c. li) 111.' rfcnvtr- Cii ai Debts are be- fore one or uioie jalli;;a. I. IBcitCnaftcri, Optljc C'oucrnor, Council ann affcmiilP, f'.^'.^a'^'i-"^"./"' Thataliruch lortoitures a.s afortfvid, lliall I c fucd for hy the Surveyors of Highways in like manner as Debts of the like Value arefueufor, ;ind recovered before one or more Jiilnee?, any Thing in the lid afore-rcaied Atl to the contrary noiwiih- flanding. II. ylnd whereas it is a great Hardjhip en poor labouring Men and other poor Perfons to be obliged to labour at fiid Highways, Roadi and Streets,' during the whole of the Six Dt.ys appointed by the aj'ori'-recited ykl , l^C it (ZEiiaftCO/lhat iiponApplication lotvvoof hisMajefiy's julliees of tlic Tea-e, the laid JuHiccs Hull, and may in their Dif- I'wo Junitcs mny i rt'tion Icflli. t^"* Number of Days Labour to be performed by dar i«bou"by'poor <"^li M^'" as cannot without Detriment to their I'aniiiics attend t'erfjiu. the fame. f". "' ^)l}'I^ I5h a»0 bf it «tfO (^BnnttCD, That all Perfons keeping Carts cmf.t.d from U- 1 cams, and Iriicks, who by being bixty Years Old or upwards bouring liy ajjc to y^. exempted from lalw)ining the iTiielvcs on the faidllighways or '-.„,! tnnrcnrf.&c, (^,^^,1,^,1, ,i| j,^.,^.,,!^,.!,.!, f^.,,,. . Caris, Tcams or Tiucks.to .'ilUft in making or repairinjj the fame. IV. 3no Ai. rth Dicini ') i\ (.'," .'.r Gf()K<,ii UL Cap. IV 2S4 ly. Sn<3 OC it Olfil ftll'ttJCf Crnaftetl, That any one of his .Majdly's jufliLL.sofihu- I'^'acc, i\u\\ and may on his own View, or on tilt; Oath of one crcdihlc W'itnels, iinjidc a Fine, not cx- i-Lcding Twenty Shillinij*, on :iny Pcifon whio ihall encumber or ftop lip the way in any c^fthc i^voadsorSrrccts in this Province, by layinj^'i'imhcr, Wooj, CartSjTrucks or any mher thing tiicrc- on, to be recovered ly ^Varrant of Dillrefs and Sale of the Of- fenders'"., .:• indChattclF, or in Cafe fiieh OifenHer ihaJl not be known f 1. • d, the fame llull!)e recovered by Sale of fo mnch o( the i .mlicf or Wood, and the Carts, Trucks or other thin"- encumbering or rtopping the Way in fiich Road or Street as d- forefaid, and be paid to the Overfcers of the Poor tnv the Vfc of the Poor of the Tuwn or Place wiiere, or neareO the Place where the Orfenec fhall be committed, rcndnrini; the overplus, if any be, to the Owner when found. And it the laid Nuilanci: llialfcon- finue, the famefliall be deenn-d a n.w Offence, and Hull, be profecuted, and liable to the Penalty aforefaid. Penalty for ciicum- bfriiiu; or floppiiur Roads or aueccs. C A P. IV. An ACT to further cx'plain :inci amend an Ad • HKuIe in die Thirty Second Year oi' his late Ma- JL'fty's Reign, \\\\^\v\q-\^ An AH for making Lcnnls and Tenements liabk /.; the Payment of Debts. ■^•^'i'fHEREAS if, the Firji SeBion of an AB made in the •«• ''^.;V 'T>tif't\ Second Tear ef his /ate Majejlys Reign Jntiil-d^ 4t;-«-f)>- An Ad lor makinj^ i.and^and Tenements huble tuthr •''■f'»''«l'l^'' I'aymentof Delns ; It is among other things Enathd,'- Thai '• when any Eflate fliall be fo'vind' by the Apjiraircrs to be of •' greater \'alue ihan the Deln and Cof), tlu- Creditor or Crcditore " lltalMie ohli^!;cd at the Mxpiratlon of Thiity Days ncxf after the Knd of ilic faid two Year!<, (if not f uiner redeemed) to " Kiye p'blicNoticc byAdveitlfcmcnt.thit ihel,andiorTenemcnt^ lo extended, are to be f>ld at piibjie AuAion by the Piovoi\ " Marflvd or his Deputy." And ll'hnwis D-iuhs have ari fen in mu-ai Manner Notice' ofJhJj intend, d Sal- li:oiild he given, :jt IS bccciij) DcclarcD auD CIinnctcD, 0,' tljc *i5oi)c\nor, (^"Olincil unp aflfmUly, 'I'hit It Is the Intention of the Legif- Jjturr, th-it Ni».i(c of any Sale iiu. ndrd to be made by the Pro Notice of S.ilu o! I. mill liy I'lovolt M.irlli.il in hi! in fi \\ ,■} , I ' I ' 1 ti t ■ — ivi.irui.il (o nij 111 vnit iVlail.ul or his Deputy as alorelaid innll be jHiI)liihed in the N'lvi ScotiuGa- Nova-Reotia (ia/cttc or other public News-I'juer, and in f nnc ««coroii,nNcw!- jMiblic I'jace in the T.»wnfl»ip or othi:r IMace where the Lands lie, iiJ'in'or"n' r n'l' « " tcafi thrvc Marllial or his Deputy, who ib-''.l be fworn to do ccjiial Inrtiee between Debtor and Creditor in valueini,;; the fame, and ihall fet oif fo much thereof as they IIkiU think futiicient to laiisfy the Debt with Colh and Intereil, widt as little Injury as ma)' be to the Debtor and to the ReiT)ainder of the laid Ellate, (o as to prevent any fuch Grievance as aforefaid ; any Lavv Ufage or Cuftom to the contrary in any wife notwithilunding. III. And Whereas noProvifon is made in ami by the af or c-rf cited Minors, hz. may recover laiids with- in fiN' Years alter JinpeJimeiit rcmo- \fj. tf'cyareiinitied, 'l?C it CtiaitCD, That nothing la the faid Ad, nor any thing therein contained, fhall extend or be conftrued to extend, to bar the Title of any Minor, I'cme Covcit, or I'crfon non Compos Mentis, imprifoned, or abfent from the Province, but they Ihall be intitled to fuc for, and iecover any Lands or I'encments within this Province, to which they are iniitkd, within Six Years after fuch Impediment fhall bo removed, any thing in the faid A61 to the contrary in any wife noiwi'h- Aanding, ♦^:)J<»$oefi«o^c$; At 1774' -^"^'0 ^lifito Dccimo Regis Georgii III. Cap. I. 286, At the General-Assembly of the Pro- vince o^ Nova-Scot ia, begun and holden at Halifax, on the Sixth Day of June^ Anno Domini 1770, in the Tenth Year of the Reign of our Sovereign Lord GEORGE'the Third, of Great-Britain, France^ and Ireland, King, Defender of the Faith, &c. and there continued bv feveral Prorogations until the Sixth Dsiy of GSIuber, Anno Domini 1774, in the Fourteenth Yeai of His faid Ma- jcfty's Reign, being the Fifth General- Assembly convened in the faid Pro- vince. loCw. j.etp. 5. C A P. I. An Aft in Amendment of and explain an A-"'»';' . i r> ■ j •VT.,rv,k,/Uf Pn-. c Hnrfes Pcrfon to contraa or Hirc ot any (Quantity of Gram and Ntmbcr ot Lo s Mories, and agree tor the Qxcn HcifFcfS, Shcep, Swinc or any other kind of Stock ot Lat- kanor^h.rcofcat- ^j.^. ^/ciain upon Halves or othcrwifc, as the Lender or Hirer ' ■ may agree, upon the Lenders taking thf Kilk of all luch Cow?, Hc-fes, Oxen, Heiffer?, Shcep, Swinc or any other Kind of Live Slock upon himfelf,unlcfs it doth or can be made appear, that . . the faid Stock io lent, peiilh'd, and was loft thro' the wiltiill Neglca of the Borrower, or that the faid borrower fold or con- verged the faid Stock to his own U(<^, in which Cafe the Borrovyer Iballmakegocdto the Lender the full Value thereof ; and tha* fuch Dealings was not, nor Iball be accounted Ufury. And ivherccs great Benefit and Advantage has accrued 1 many Pel Jons from the hiring Grain nr.d Cattle from Perfons, ii^ho may kave inadvertently let out, or lent the fame to them, in a Manner •which byfome may be deemcu Ufury. II. Be it EnaBed, That all Profeciitions or Complaints which may have been commenced for Grain, or Cattle Hired or Lent, and which have not yet been lawfully determined fhall ceafe and be no further profecutcd, Provided, {uch Complaint or Profecu- iS^')^!m''A ''■ granting to His Majcfty a Duty on Perfons hereaf- " icr to be Liccnfcd," were appropriated for making Highways^ Roads and Bridges, and keeping the fame in Repair ; and whereas the afore faid Fund has be-'n found mfufjicient to anfioer the prefent Demands for making and repairing Roads into the Interior Parts of the Province. I. Be it therefore EnaCled, hy the Governor, Council andAffem- ily. That ihii Treafurer of the P'-Qvince be, and he is hereby iiTijiowercd and dircftcd to borrow from fuch Pcifon or Perfons „ as (hull be willing to lend the fime, a Sum not exceeding the Sum Sro«r^^"oo?' " of Four Hundred Pounds, and the Sum fo borrowed fliall be ap- plied in Manner as in this A<51 is hereafter dircdcd, and for any Sum or Sums fo borrowed, the Treafurer aforefaid fhall give his Receipt or Obligation, in the Form, and Manner following. and give his Re- ceive or •bligatioQ. IVovlncc Nova-Scotia the Day of ECEIVED of the Sum of for the Ufo and « TJ ECEIVED of the Sum of for the Ufo " JCv Service of the Province of A^orrt-6'f(;//»y Fine (hall be imprifoned Six Months. without Dail. If any Perfon (hall iiurpol'tly and. in.i- iicioufly fet fire to any place within (he limiti of le- frrvcd .nnd ungrnnt- rn '! rrrnoric!, .i(,,t llitichy dellroy '1 imbcr, &c. ^9^' ^InnoSjiinto Decimo Regis Gt.0KG\i III. Cap. IV. '774' i774 on Ccr.viamn (luU Ctimc ([\d\ PC adjudged Felony, and fuch Pcrfon fo conviaed lu.ier as a Felon. fhall fufFvT aS a Felon. This Aflnotto ex- tend to Firfvvnod i: underwood uftd in the Fiihery and wiihin haU Mile of i;ea Shore. IV. Provided, That notliii^g in this Adl fliall be cohftrucd to "Xtend to fuch I'ire Wood and underwood as is commonly ufed in the Fiihery, and lluil be within Haifa Mile of the Sea Shore. CAP. IV. An Aofuion of fuch Witnefles, which (hall be Seal- ed up and direfled «a the Court where Caufe is to be tried. vmce. ■4 :;•:!: a- :^- E it Ena^ed, ly tic Governor, Courcil and JJtmhly, •1' B % "^'^^^ when it lliail {o happen that any of the Witneffct %':• -i- which fhall he fudged necelfary to be produced on the «"v"»"-i*-a- Trial of any Caufe between Party and Party, Ihall be infirm, aged, or otherwife unable to travel, or when any fuch Witnefs or E\'idence is obliged to leave the Province, it fhall and may be lawful for any One- of the Judges of the Court where the Caufe is to be tried, on due Notice given to the adverfe Party to be prefent (if he fees fit) to take the Depofition of fuch Infirm or rged Pcrfon, or Perfons ur.able to travel, or who is obliged to leave the Province, and fuch Depofitions fo taken and certified under the Hand and Seal of the f^-i Judge and fealed up, and directed to fuch Court, fhall be received as legal Evidence in fuch Caufe. - .■ , - . Oath tobe madcof IJ. Provided, That Proof be made on Oath, that due Notice Notice given toad- ^^^^ -^^ ,q j^^, advcrfc Party of the Time ^d Place of taking v»rfe Partv. o _ , "^ fuch Depofitions. III. And provided neverthekfs, That if fuch WitnefTes fliall at the Time of the Trial of the Caufe, be in the Province, or able fo travel, they fhall be required to give their Tcftimony viva voce, at fuch Trial, in the fame Manner, as if fuch Depofitions had not been taken. verfe Party. lifaeh Witnefi it in the Province or able to travel lefti- mony 'vivd meet te- ^uircd. Saving benefit of exceptions to ;h»; Credit oi fuch Wit- nefles. Quakers allowed to Inakt Aifitmttion. IV. Provided alfo, Tinit all Benefit of Exception? to the Credit of fuch Deponents fhall be refer ved in the iamc Manner as on producing WitnefTes fur Examination, viva voce, at the Trial. V. And be it EnaBed, That every Perfon of "ic ProfefTion of the People called Quakers, who fliall be required to take an Oath us afor-faid, fhall inlkr.d of an Oath be permitted to make his or her Solemn A^rmixmn. VI. Ard > VI. Jnd. made fuch C wilfully, fall fhall inctir tl corrupt Perj An Aa H D>s*> Tl thi of I'ng or wan Pals ffom tl or Ship or > dering Perfc fome Juf^icc fuch Soldier ing Pcrfon ; pafs ; every ihall he de ceeded agai II. Afid threaten to any Tovvnf Townfhip, cd by order tificatc iron fons who m and rcfufe bout to beg and it fhall Offenders ( by the Oatl Corrcdliori, exceeding t III. And any Perfon to fome Jul cccdcd aga fialL- or vi j-:-4 Ai.no Sluinto Dea'mo Regis Georgii of Jrd VI. y^rid be it alfo Enabled, Tliat every Perfon who (hall ha 'c Person conviaedof made fuch 0:ith or Holcinn Afnrmation, andihall be convidted of inyjaifeVw^inclHr «,viltully, faUcly and 'jormpily having fworn or aflirincd any thing. Penalties ai «orper- Hiall incur thc'iame I'cnahics as Pcrlonscoaviflcd of wilful and J^'y- corrupt Perjury. CAP. V. An At3: for punifliing Rogues, Vagabonds, and other idle and difordcrly Perfons. SeCX^X' £ it EnaBcJ., by the Gcvmicr, Cr^micil end Aff..nbly, % ^^ That all Soldiers belonging to His MajcOy's Troops in ^vi'-?^ this Province, or Seamen or Mariners belonging to any AjVi*X oj- j^J5 jviajdly's Ships or Vcff;is who fliall be travel- I'ng or wandering within the laid Province, and lliall not have a Pals from the Commanding OiTiccrof the Regiment, Company or Ship or VclTcI, to which they belong; and ali idle and wan- dering Perfons, who Ihall not have a Pafs, or Tcflimonial from fome Juftice of the Peacej fettlng forth, the Place from whence fuch Soldier, Seamen or Mariner, or fuch other idle and wander- ing Perfon fhall have come, and the Place to which they are to pafs; every fuch Soldier, Mariner or Se.:m.' n or other Perfon, fhall he deemed idle u .d diforderly Perfons, and ihall be pro- ceeded againft, as is hcrun after dircdlcd. II. And he it alfo Enabled, That all Perfons who run away, or threaten to run away, and leave their Wives or Children upon any Townihip, and all Perfons who unlawfully return to fuch Townfhip, or Plar^ Iroir whence they have been legally remov- ed by order of two Jufti;es of the Peace, without bringing a Cer- tificate from the Tnwnfliip whcreunto they belong, and all Ptr- fons who not having wherewith to maintain themfelves, live idle and rcfufe to work tor the ufual Wages, and all Perfons going a- bout to beg Alms, lliall be deemed idle and dilbrderly Peruns ; and it fhall be lawful for any Juftice of Peace to commit fuch Offenders (being convidled by his own Vi^jw or by ConfeiPion, or by the Oath of one credible Witnefs) to prifon, or to theHoufeof Corredliori, there to be kept to hard Labour for any Time, not exceeding one Month. III. Andbt it alfo further EnaHed, That it fliall be lawful for tny Perlbn to apprehend Ofl'cnders againft this A(5<, and convey to fome Jullice oi Peace, the Perfons io c'.pprchcndcd, to be pro- ceeded againft as is herein after direcHed, antl in Cafe any Con- jlaliw oMJtherfuch Oflhcr ri,fufr or nrfricct tn uic his bi.u I^n- doavoms Aft 7th, Geo. 2. c»p. s. AllSoldieri belong- ing tohii Majelly'i Troops Seamen or Marineri belonging; to his Majerty'* Ships or Veflels not having a Pafs from their L'ommrnding Offi:er. All idle and wan- dnng Perfons not having a Paf» from a juihce ot Peace, Hialj be deemed idle and difijrdeil/ I'crloiii. All Pc/fons who run awav cr threat- en to I U.I away and leave their Wives, &c. on any To*n- Ihip, "r Pcrfoni un- \ivii.i\\y returning to Places from whence they have been removed, and otheridle Per- fons, and Perfons begging Alms, lieemed idle uhJ diforderly Perlotis, and (hall be com- iiiltted to Prifon or lloufe ui Co.rcc- tiun. Lawful ' r any ?' loii to appre'u'i.u O.iinderi. ^93- Anno Sluiiito Dfcimo Rfgis CJeohom HI. Cap. V. 1774- »774 If Conft»ble or o- ther fuch Officer refufc or nejlert to appreh' id them deemed ancgledlcf Duty andpunilV.cd. If any Pcrfon being charged by a Jul- tice where no Of- ficer can be found rcfufa or rcgletl to apprehend fuch Of- fender tu forfeit lo*. If any Perfon pot being a C^onrtable apprehend Defer- tcri or idle wander- ing Servant;, &c. and deliver him to Conrtable or con- vey to a Julticc ; or Conflabl* fo ap- prehend fuch De- ferter iit. — to be rewiffifd by fuch JuQice. Judicci receiving infurmaiiun that Cefvrtert or idle I'erfoni a'e in any Place within their Jurifdiftinn (hall iffae a Warrant for a Starch. rmceedingi in re- gard toPerfons ap- tiiclxndcd. deavours to apprehend or convey to the feme Juftice any fucli Offender, it ihaH be deemed u Ncgle(5l of Duty, and he fhall be puniflied as is herein after dirc(5led ; and in Cafe any other Per- fon charged by any JuAice {o to do, refufe or ncglcd to ufe his beft Endeavours to apprehend and deliver to the Conftable, or fuch other Otiicer, or lu carry fuch Offender bf^forc fome Juftice, where noCiHccr can he toiind being convidled upon View, or by the Oath of one Witncfs before a Jufti. ■, he ihali forfeit Ten Shillings to the Uie ci the I'oor of the Townfliip, to be levied by Dillrcfs and Sale ofGoods by Warrant from any Juftice, and in Cafe an , Pcrlbr not being a Conftable or Officer, apprehend any Defcrtcr or idle wandering Servant, or other Perfon, and de- liver him to a Ccnftable or convey him to a JiiHice, or if any Conftable fo apprehend and convey fuch Deferter or idle wan- dering Servant, or other Fcrlon, it ihall be lawful for fuch Jufticc to reward any fuch CondabI ; or other Perfon, by making an Order under hit Hand and Seal on the Trcafurer of the County to pay Ten fliillingtQ the I'crfon fo apprehending him on pro- ducing fuch Order and giving a Receipt, and the Juflices at the General Srjions, flull allow the fame to fuch Treafurer in his Ac- counts, upon his producing the Vouchers aforcfaid. IV. uinJ be it Enabled, That any One or more Juftices of the Peace on receiving Information, that Defertcrs or any idle and diforderly I'erfons arc in any Place within his or their Jurifdidlion, lliall iffue his or their Warrant to the Conftables to fcarch for and apprehend fuch Dcferters or idle and diforderly Pcrfons, and in Cafe any Perfon apprehended upon any fuch Search be charged before I'uch juftise or Juftices with being a Deferter from His Majefty's Na-'y, or Aimy, or an idle and diforderly Peifon, or with Sufpicion of Felony (altho' no dirc6l Proof be then made thereof) to examine fuch Perfon, not only as to the I'lace from vvhcrce he came, and where he waslaf _2;aily feided, but alfo, a«to his Manner of livelihood, the SuU ancc of which F^xamina- tion fliall be put in Writing and be figncdbythc Perfon fo examin- ed, and the faid Jufticc or Juftices flull fign the fame and tranfmit it to tlic next General Sejions of the Peace tor the County, or Special SeJ/ions for the Diftrid where fuch Juftice or Juflices refide, to be filed and kept on Record, and if fuch Perfon inakc it not apjjcar to fuch fuAitc or Juftices, that he is nut a Dcl'crter, and that he has alawfiilWay of gelling his Uvclihood by Labuur or othcrwife, or procure not fome rcfponlible I loufc-kecprr to appear to his Character, and give ScLuriiy tor his Appearance before fuch Juf- tice or Juftices, at fume other Day (in Cafe the fame be required) to commit lueh Perfon to fome Prifen or Houfe of Corr^dion for any Time not exceeding Fourteen Day*, and in the mean Time to order the Ovcrfecrs of the Poor ol the Townftiip orl'lace, in which fuch Petlbn is apprehended, infcrt AdvcrtiJcmcnt in thr |jul)lic Nwws Papei. dclcrib ing fuch fiirpici lus Perlbn, and any Th I Ml' Thing four ted not to 1 which fuch fuch Perfor tices to be * him, fuch F cording to J V. ^nd other Oi7ic in his Dutv difturb the bended or Efcape, an Witncls be committed forfeit any Shillings, V by Diftrefs fuch Juftice lawful for ( Ion, ur to tl hour for ar VI. Am permit any to lodge in and (liall r or Vagaboi ble or othc either on C a Juftice w not exceed Moiety to Townfliip, rant from Townfliip be anfweu vied by Di be found, Fl jufc of ( one Aiont Provide and fined IVicrtcri! VII. j1 tir (Jthcrwi 1774 -^««o fluinto Decimo Regis Georgii III. Cap. V. 294. Penalty on ORicert not doing their duty, and on Perfonihin* deringthe excca- tion of tills Aft or tetcuing Prifoncri. to be levied by Dii- Irefi and Sale, fee. Thing found upon him or in his CuAody, and which he is fufpec- tcd not to have come honelUy by, and mentioning the Place to which fiich Perfon is committed, and fpecifying when and where fnch Perfon is to be again brought before the faid Juflicc or Juf- tices to be examined, and if no Accufation be then laid againft him, fuch Perfon fliail be dilchargcd, or otherwife dealt with ac- cording to Law. V. And be it alfofwthcr EnaBed, Tliat if any Conftable or other Oilicer, or iVlaflcrofany Houfc of Corredlion be negligent in his Duty in the Execution of this Ad, or in Cafe any Perfon difturb the Execution of this Adl, or refcue any Perfon appre- hended or pairing by Virtue thereof, or be aififting to his or her Efcape, and be convided thereof uj: )n the Oath of one credible Witncis before one Judice of the Peace, where fuch offence is committed, the Perfon io offending, for every fuch Offence, fhall forfeit any Sum not exceeding Five PouJid^, nor lefs than Ten Shillings, \o \.i\Q\](ri of the Poor of the Townfhip, to be levied by Diltrefs and Sale of the Offenders Goods, by warrant from fuch Juflicc, am! if fulHcient Diftrcfs cannot be found, it rtiall be Jawfulfor fuch Jnllice to commit the Pcrfons fo offending to Pri- lon, ur to the Houfe of Corredion, thw're to be kept to hard La- bour for any Time not exceeding two Months. VI. Andhe it Ena^ed, That if any Perfon fKall knov/ingly permit any Deferter or idle and wandering fcrvantor Vagabond to lodge in his or her Houfc, Karn or other Outhoulc or Buildings, and fliall not apprehend and carry fuch Deferter or idle Servant or Vagabond before foiiie Juf^ice, or give Notice to fome Confta- blc or other Officer fo to do, fuch Perfon being thereof convidcd, either on Confcffionor upon Oath of one credible Witncfs, before a JuAicc where fuch offence is committed, rtvtll forfeit any Sum pe„,]ty forflieher- not exceeding Forty Shillings, nor lefs than Ten Snillings, one ing Deferten, Ac. Moiety to '.he Informer, and the other Moiety to the Poor of the Townrtiip» to be levied by Diftrcfs and Sale of Goods by War- ,,.. rant from fuch Juflice, and if any Charge be brought upon any Townfliipor Place by Means of any fucTi Offence, tnc fame fhall be anfweied to the faid Townfliip by fuch Offender, and be le- vied by Diftrcfs and Sale i,'f goods, and if fuflicient Diftrcfs cannot be found, fuch Otiender Ihall be committed to prifon or to the Mjufc of Corrc(Jlion by the Jufticc for any Time, not exceeding one Aionth. • Provided, Th?t any Perfon who fhall have been profccutcd and fined on the Adt of Parliament for concealing or harbouring Dcfcrtcri llull not be again profccutcd for the fimc, on this Adt» VII. And h it alfo EfitU^ed, That where Perfoni by Lunacy tir otherwife, arc furiouf ly mad, and dangerous to be permitted to ' ^'i- K r iqt;: Anno S^t/ir/io Decimo Regli GfoRon HI. Cap. V. 1774. T774. Ann'. Lunatics to be con- fined bv Warrant of JulHtej. Goodi & Ea-ttei' of Lunatici to be fci- feitd to pay th* Charge of their maintenance. Otherwifc at the Charge of the Townfhip or Place. Pr8»ift>. FerToBS fued for uiy thing dant in execution of thIsAA may plead gcntral IAm* Treble Cofti reco- vered. go abioatl, it flhall be luwfull tor two Judlccs where fuch Luna- tic is found, by Warrant dir?aed to the Conftables, Church War- den's and Ovcifecrsof the Poor of the Townihip or Place, to Caufc fuvh Pcrfon to be apprehended, and kept faf -ly locked np in fomcfccurc Place within tuc County, as fuch Jufticcs dircdV, andiffiich Juftices find it ncccfTary to be there chained, if the laft legal Settlement ot fuch Pcrfon he m any Place within fuch County, and if fuch Settlement !:^e not there, fuch Pcrfon. fliail be fent lu ihe Place of his lafi legal Settlement by a pafs, and fliall be locked up and chained by Warrant of two Juftices of the coun- ty to which fuch Perfon is to be fent, and the Charges of removing and maintaining and curing fuch Pcrfon during fuch reftraint (which fliall be for fuch Time only as fuch Madnefs Continues) fliall be paid, being fi- ft proved upon Oath, by Order of two Juf- lices diredling the Chuich Wardens or Overfccrs of the Poor, where any C«ods Lands or Tenements of fuch Pcrfon be, to ficze and fell fo muchof theGooJs or -eccive io much ofthf Rents of the Lands as is ncceflTary to pay the fame, and to account for what is fo fcizcd, fold or received to the next SeJJions nfthe Peace ; initiffuchPcrlbn hath not an Eftatc to pay the fame over and above what is fuliicient to maintain his or her Family, then fuch Charge fhall be paid by the Townfhip or place vo which fuch Pcrlbn belongs, by Jrderof two Juftices, directed ;o the Church Wardens or Ovcrfe«rs. VIII. provided. That nothing herein contained, fliall extend or be conrtrued to extend to abridge the prerogative of his Ma- jcfty, or of the Chancellor, concerning fuch Lunatics, or reftrain any Friend or Relation of fuch Lunatics from taking them und^r their own Care. IX. And he it alfo further Ena^td, That if any Perfon or Per- fons fliall be ^iied for any Matter or thing, which he or they fhall dg in Execution of this A^, he or thc^ may plead the General ifTue, and give the fpecial Matter in Evidence, and if a Verdia rtull pafsforthc Defendant or the Plaintiff ftiall be pon fuited, 01 4i(conunucd his Suit, the Df fcndant may recover treble Cofts, An AA ii Ad, tn jcfty'K ] Times 5 I W Caiifes af Ci Halifax, af}ii t,ii-mfehrs, a csexpenjive ^//, as IV ell Bis Majeft) Sui)reme Cc boUen in, an Jcveral Cow England, i *rimes itifiH Town of i la t/je Rigl^ts Mdjefiys Sk L Be ill Jiml'ly, Til Thirtieth I Towns .»nd f re hereaft( be, and is h tirvgs, in an( vfcd in the l^aws of ihi i^nied to r fiid fevgra Rules, Jud^ g.illyhad,u 4t the faiJ r Jntcuis and n. And. 9fid every t Hf ilieffve}^- CAP. VI. 1774- Anno Slitinto Decim Regis Gf.org ii III. Cap. VI. 296. W C A P. VI. An A<51 in Addition to, and in Amendment of an Aa, niadt in tlie Eighth Year oFHis prefent Ma- jcfty's Reign, intitled, An ASi for efiablijhingthe Times of kolamg the Supreme Court, y^^i/^fi^XHEREJS mny and great inconvcniencies havi oris ' ; fen, and daily do arije, for ^dmnt of a more Jl>eedy and [full Mmintjlration offufice in the fever al Counties T ' in this Province, that many Suitors living' and ref id- . t-t^^^fe^lS; irig therein, dofueand profecutt their ABians and Canfes of Complaint in the Supremo Court, at prefent held only at Halifax, and that thar king obliged to come from a great Di/iance t,hcmfelves,aHdl>riuv^i/:g their IVunefes, is wrv detrvnental as well cseKpenfiveto t hem, and gi eat Injury is thereby done to Jndivtdu- als, as well as to the publi.: Good of the Province; and whereas Hi's Maje/ly Lis kin jdcafed to grant a Coinmiffion and appoint ct Sin>fcnit: Court, Cou.tof AtVi/e and Gcncial Cwal Delivery, ta l>e balden in, and through tlie, province, exerci/ing the Po^Mrs of tfje^ fcveral Courts of King's-Bench, Common Fleaa and Exektquer nt England, and thai the holding the faid' Court at c&tam fiated *Tinies ifi fuchCounties to -which there is a Commuuieattdn •wtth th* Town ofWMixhy Land, uu II greatly contribute to the Security of the Rights of the Crown, as well as to the Eaje and mifareoflhs Majejiys Subjeih in this Province, I. Be it therefore Enacted, by the Governor, Council and Af Jgm'hly, That the i'ald Supreme Court fliall from and after the Ihirti'fth Day of December next, be hotden in the fevcral Towns .»nd Counties, and at fuch Times and in fuch Manner, as >rc hereafter nuntitined, and that the faiJ Snpremo Court flull be, and is hereby innp)wercd to proceed at the faid feveral Sit- tinJis, in and as near the fame Manner ai bath hercioforc been Vifcd'in the titid Court, litting at Halifax, and thit the f^vcral lj»wmt Court Hull after th« 33th i)«. 1774. be held in the tC' YtralTowni and Couiitiei k Timca h'.Tcafier mention- ed. The Lawi rerpee« ling juron to cx- trnd to the holdinK t\\i faid Ct)ure M the faid Tiraw, lie. and all Proceadinpi .Vc. tlifrfia valid S» cftcagal. 3-97 Anno ^I'lnto Dtcimo Regis Georc, n 111. Cap. VI. 1774. Two Judges to lioli the f«id Courl. Times and Places of holding the lame. Beit Ena^eJ, That any two of the Judges of the faid Court, fliall be I'uliiciont for holding the i'lmt^ and tranfadling the Bull- nefs thereof, at all, any, and every of the Times and Ihices here- after mentioned, and the legal Proceedings then and there had, lV\all be to all Intents and I'urpofcs whatfoever, as good and ef- fefl-ual, ris ii all the Judges of the faid Court were prefent. III. And be it Enr.cleJ, That the faid Suprenk Court fliall i^c held at Halifax, on the firflTuefday of January, thelafi Tuefday of the Month of March, the Second Tueiday of the Month of Jtti^, and onthe laftTueiduy of the Month of O^cj^^r; at/for- ton in Kings County, on the Third Tuefday of the Month of Apri/^ and Second Tuclday of the Month of O^ober ; at Annapolis in the County of Annapolis^ on the Firft Tuefday of the Month of May, and laft Tucfuay of the Month of Stptankr ; at Cum- btrland in the County cf Cutuhcrland^ on the lart Tuefday of the Month oiMay, and 1' nil Tuefday of the Month of Stptcmher in every Year. And that the Time of Sitting of the faid Supreme Court,'in euch of the Terms or Times for holding the fame, fliall be limitted, that is to fey ^ at Halifax for Fourteen Days, from the Day of opening the fiid Court, unlcfs in Cafes of unavoidable NeccHitv, or that the Multiplicity of Bulincfs at cither of the faid Terms lliould require it, in which Cafe the Judges may continue ' the farne ft)r a Time not exceeding Six Days longer. And that in each ofthcother Counties the laid Court fliall not fit longer than Five Days from the Day of opening each of the faid Courts. IV. And be it further Ena^ed, That the faid Supreme Court Manner of drawing ^-j^^n .^^^ ^^^.^., ^^ ji^g ,-5^x1 Sitting of the faid Court, ifliic their fc- Sttn;,!" "• veral Writs of Knin Facias to the Provoft Marllial or iiis De- ptity for the Summoning (^t Jurors in the faid Countit^s of Kings County, Annapolis, and Cumberland, ahd that the iaid Proyoft: Marlhal or his Deputy, rtiali upon the Receipt of fuch Writ m yNm^of Venire Facias, draw out of the Jury Box of the faid . County in the profencc of Two of His Majeftj's JtiAices of the Peace for fuch County, (and who are hereby dircded to aacnd the I'rovoA Marlhal or his Deputy at the drawing the fame) x '. Grand and Petit Jury, to fcrvcatihc Sitting of the faid Supreme ' - Court in the County, where the faid Writ is fodirccHrd, and the faiti Provoft Marlhal or liis Deputy Ihall duly fummon the faid Juries, Twelve Day* before the Sitting of the f.id Court in the laid Counties rtfpedlively,nnd that the faid Jtnors (hall be liable to all the Penalties of the Laws of this Province for their Non- At- tendance as aforefaid, and that all Prcfcntments, Indiflmenis, Verdicts and other legal Proceedings then and there had, made and done bv the faid JuHMS fo fummoned ncaforcfiiH, flinll be- eoal and lawful to all Intents and I'urpofes whatfoever ; and ihat from and after the firft Sittings of the faid Su|iremc Cotfrt :„ th- f.i.t Counties o\' Kin^'t-Countv, Annapolis, zne,.t Larceny, ihall h*^ F-l W/'y'- 1 « pub c WHippin^ .« Ec onviaeKll dirca ;" .nd wberea.- ,t ts thought expedient that the Court Jhould have Power to order the Perjon convfed of fuch Petit Larcem to be in.prifoneJ, or commnted to t':.- liouje of Correiiion, or 'whipped at the Difcretion of the Court. Re it thenfore Enured, hy the Governor, Council and Apmhiy, ,„ Co-wifllon. o! That it null a nd may be lawtol for the Court before whom any O - P-J^^-^.^^'- fender ihall be fo conviacd as ot I'ctit Larceny, pmilh »utU UN ^.^ o«,n.\^f* by f..nH..r bv Whipping or I mprifonincnt or Commitment ot fuch wh.ppi..,^ or .mpr.- Offtder'^le lloufe Corrckion, there to be put .o hard labour, ^--... the faid Imprifonmcnt or Committment to the Houk- of C or- reaion not to exceed Three Mouths and w^tlua that Space tor , fuch Time as the Judges in ihcir Oifcret.on flu. th....!c tit. CAP. VIII. An Aa to impowcr the Supreme Court to ilVuc Writs of Certiorari. •«>»i-i!i4-«!i' £ it EnaSiedh the Governor, Council and ^JJcmhly, r,«„r,^,;court „.,■ ••'' ' u ■''' That the Supreme Court tor this Province Hull ami „n -ppliuuv^n t.iuL- t " :?; may.H»n Awl.ca.ior.all,<:Wn.,olCVruor«lfon^^ 7rl:i:S::^:. .iji-M-i'^^.M „ii,vinir ^.)rdrr8 o^ Seflions ot the Peace, undci lucn „, j.^,^,^,,,^ ^,, ,,,,, KcguUtiom, RdUia.onn and Powers, ai Writi^- •f Cert.oran an- p,,c«. ^% ifTucd a99» jinno^mftDedmo Regis GioKGU III. Cap. X. 1774. iflued by His Majefty's Court of King's-Bcnch in Great-Britain, and conformable to the Courfc and pradlife of the Common Law, and the feveral Statutes for that Purpofe made and provided. C A P. IX. An A£l for altering the Times of holding the Court 01 General Sejftons of the Peace, and Inferior Court of Common Pleas for the County of Cumberland, JCl^aOeC HERE^Sbyan A^ made in the Seventh Tear of His sX ^^K /r^«/ Majejiy's Reign, intitled, "An Aft for rcgu- l^'H'Hyi " lating the Times and Places for holding the feveral " Courts of Juftice/' therein named. It is Enabled, That the Courts of General Sejfions of the Peace, and Inferior Court of Common Pleas lliall be held for the County oi Cumberland, in the Town oi Cumberland, on the Firft Tucfday of June, and on the Second Tuefday of Oilober ; And whereas the holding the faid Courts at thofe Times has been found inconvenient ; }!e it EnaSied, by the Governor, Council and Ajfemhly, That the faid Courts, fhall be held for the future, on the laft Tuefday of June and the lafl Tuefday of Otioher, in every Ycai , any Law, Ufage or Cuftonri to the contrary noiwithftanding. CAP. X. An A %.. w \ in ihis Piov detriment oj Be it En. anv Ptrfon lii.;h as uic and life luoh ot thcFifht-r fa id Acl alti Thing io\h 1775- -^W/o fininto Decimt Re^is Giorgii HI. Cxr. I. 301 At the Generai.-Assembly of the Pro- vince of Nova-Scotia, begun and holden iit Halifax, on the Sixth Day of fiinCy Anno Domini 1770, in the Tenth Year of the Reign of our Sovereign Lord GEORGE the Third, of Great- Britain, France^ and Ireland ^ King, Defender of the Faith, &;c. and there continued by fcveral Prorogations uniil the Twelfth Day of ytinc, Anno Domini 1775, in the Fifteenth Year of His faid Ma- jefty's Reign, being the Fifth General- Assembly convened in the faid Pro- vince. C A p. I. An A C T ai Addition to an Adl made in the Fif- teenth Yenr of his prcfcnt Majcfty'i Rc/gn, in- titled, An AB to frcvent JVafte and DeJlruEiion of Pine or other Timber "Trees on certain referved and u?i7r anted Laiuh m ,lis Province* ti-Get. J. e/i/t. 5 tr 3!;*'?>vi,'Oj?«'55i IIF.REjIS the rejlri^iovs contained in an JSl, Pttinhlc. ^ tfhuk and pdjjfd in the Fifteenth Vc^r of his prefent ^" Majejlyi Rcii^n, intit/ed, " An A6[ to prevent %' W.illc and Delbudion of Pine and other Timber 3eZ»"5f.':'.*ifcK)5l Trees on eeitain referved and ungrantcd Lands ill this Province/' are too general and may ten J, greatly to tbi detriment off he Vijhery \ in Order to remedy theJanWy Porfon< inh.ibiiinn Be It hnnised, by the Governor, Louncil, and Afjembly, That lUHon ;ind fuch ui any Pt'rlbn or Perlbns inha!)iting the Kljnd u( Cape Breton and **"^ eini''''y'''^ '" l"ii,;h as arc employed in and about the Fifhery may c nt down ^.^.^ j„^,„ jj„^i „,„ ^. •««* ■ .« Ill I'y I' T' 1 11 ri .* llio l'"illier/ in;iy cut down aiul iile andnfc lnohWood aslhall be ncceifary IbrFueland ihcPurpores IhlIi wmJ us I'^ail ofthcFifhery ^ fuchPerfons iluU not be liable to the Penaliiesof ';';,",'';„j';j,j"t,ii,. fiid Acl altho'it fhouldbc bcycmd ihe line ilieiein piefciibcd any try. Thing to the comrary in (aid A«i\ nuiwiibftanding. ^775- At the vinci at H Amic of tl GE( the I fever Day the jefty' Assf vincc An AC tliis P] and m( Year o ^?i jit a&ual , fiiffidcnt am. I. Be > > the (jovcrno /or the time that Pnr| Kjfe enter into th 775* -^nno Si'xto Dccifm Regis Geqylgii III. Cap. I. 177 At the General-Assembly of the Pro- vince of Nava-Scotia, begun and holden at Halifax, on the Sixth Dayof J«w^, Jnno Domini 1770, in the Tenth Year of the Reign of our Sovereign Lord GEORGE the Third, of Great- Britain, Fnwayand Ireland, King, Defender of the Faith, &c. and there continued by feveral Prorogations until the Twentieth Day ofOSIokr, Jnno Domini 1775, in the Fifteenth Year of His faid Ma- jefH's Reign, bring the Fifth General- Assembly convened in the faid Pro- vince. P3 3* 2. Get . 2 . Cta. 3. 6. CAP. I. An ACT in Addition to the ieveral Ads of tJiis Province, made for regulating the Militia, and more particularly an Ad made in the Second Year of His prcfent Majefty's Reign, intitkd, J?i ASi for the better regulating the Militia on a&ual Service in Time of IVar. vv^^^V.|^ HE R ]; J S iMiiy and grciit InconveniencienHay H ly 3 arifeJorlVantofajuffidentVo'-vcr by Law being' Jf % granted to the Goirr^or, Lieutenant Governor, or i'S^mm'^ ^".'"'"'^^"^''^ '"« Chief of tk> Provinee for the Time ." '■■' ''''■'''^■' (^'•nlill (ml emodyoutof the Militia fuch Juthcicnt avdahle bodied Perfons as ar-' /n'/i Qualified, and fit fer ftiual Seriice in 'lime of Danger. . ' ' ■> J . J. Be It "HciHed /'v tl.h^ Governor, Council and Afembls, That the (jovernor, Licuicjumt Govci'nur or Coinnian'clcr iii Chief ^ovfrnor, Ac. or for the time bcinir, or any :,nd every Perfon by hi.n or the.n fu.' pj.t'd'l'y" .".fft' tint I iitiH.'le appointed, Ihall and may cnlift as Volunteer-! and Voi..nt«ri to fcrvc Iter into thr K-rvice ef this Province, or any Regiment of Militia '"'^^""'''' rrcamblc, CJlt I 5 to /'-Ik 304 uinno Sexto Dccimo Rc^ts Georgii IIF. cap. J. 1775. '775- No Apprentice or indented Servant to be inlifted. Governor, &c. may CummiiTion and ap- point Officer! be- ing Perfons relident and Freeholders, to draft byBallot from (he Militia, io many Men as the Governor, Stc. /hall think necef- fary. Commanding Of" ficer within 4^ Hours after receiv- ing Orders, to niuf. ter the Kegimentur Company (from which Drafts are to be made.) Every ?tt(cn o- bliged by Law to fetve in the Militia, fliaIl,on Notice, at- tend the Mufter. Penalty ;^ 10. pfv to be embodied within the fame, all luyl every able bodied txir- fon as may be willing to cnlift in tlie laid provincial Militia. II. Provided akmys, Thar no Ap}',rcnticc, or indented Servant fnall be inlifted as a Volunteer in the laid Militia, III. Andbeit EnaBed, That the(7()vcrnor,LIcmcnantGovernor or Commander in Chief, for the 'lime being, fhall and may commiflion and apjx)Int fuch Officer or Ollicers, as He or They fhall think proper (being Perfons relident and Freeholder* in this Tiovinceforat leaftone Ye-r laft before their appointment) to cle(ft and draught by Ballot from the Militia of this Province, fo many able bodied Men as the Governor, Lieutenant Governor or Commander in Chief for the Time being, with the Advice and Confent of his Majcfly's Council fliall from Time to Time think neceflary to alTift in the Defence of this Province. IV. Andbeit alfo E7:a^ed,That theCommandingOfficcrofeach and every Regiment, troop or Company of Militia in this Pro- vince, or fuch other Perfon fo commillioned as aforefaid, flvill under the Penalty of Twenty Pounds for each and every Ncglcd or Offence, from Time to Time, and :it all Time?, upon receiv- ing Orders from the Governor, Lieutenant Governor, rr Com- mander in chief, for the Time lacing, within Forty Eight Hours after receiving fuch Orders, order and dircd to be warned by a proper or ufual warning Officer, the Regiment Troop or Com- pany, from which Draughts are to be made as aforefaid, to be drawn out, mufler and appear, at fome convenient Place in each Townfhip or Diftrid, where fuch Militia refide, within three Days from the ifluing fuch Orders. V. And be it alfofurther Enabled, That each and cvcryPerfon, who by the Laws of this Province are obliged to ferve in the Militia, upon being warned by a proper or ufual warning Officer, either by perfonal Notice or a written Notice, left at his or their ufual Place of Abode, {hall pirf.^nally attend ;:t the Time and Place of mufler as aforefaid, (indcr the Penalty of ten Pounds for each and every Negled or Orfencc, unicf^^ it be made apjoear upon the Trial, that thc^'Xttenda nee of fui h Perfon fo notified to mufter, was prevented by Sicknefs or other ur ivoidable accident. VI. And Whereas in the Eighth ScHion of the Ach made in the Second Tesr of his prefcnt'Majejiys Reign, iniithd, '' An Adtfor " the better Regulating th.: Militia on aclual Service in Time of " War." // is Et2acftii, " Tlvn when :my Pai-. ot the Militia *' fhall br: draughted to mar li I'romono Part of thi? Province or ' Town toan(jthcr,on i:calftr! vi(\%all fuch.b'ra'j^hn ori:)tta<:hmenis fball be mr'/;,: bv Balki (V'.'"-:i co':]\ C ••'!' my. in cxadl Pro- ■' })ortion, " portion, I " fliall be " to the bel is pre'.Lribed Ballot Hiall Oilicer, he Majerty's Ji " T " X Pavou " juft and *• of all ani. " Service, ii VII. Ano G()v,.unor 01 impowered, be railed an Province for perform fuel they fh ill m judge neccfl VIII. Anc mifPioned ar Soldier, of fi or their A! Allowances, the fjcond " Aa for tl " Time of > faid Militia ; like, and vt as Ollicers t Army, and t and Prnvifio all, fuch com non-commiH IX'. Prov, L:eutenant-C ')eing, with 1 the Field Oil nies of Milit retained and /\llowancc a Soldier and '. and Sublillar /w 1775. Anno Sexto Dec'imo Regis Georgii III. CAP. I. 3^0 " portion, according to the Numbers then fit for Duty, which " lliall be on the (.)*th of the Captain or commanding Ollijer, " to the beft of his Knowledge." But no Form of the fa id Oath is pre'.Lribcd in the faid Ad ; Be it Ena^ed, That before fuch Ballot lliall be made by every fuch Captain or commanding Oflicer, he fhall take the following Oath, before One of His Majefty's Juftices of the Peace. I Do folemnly fvear, that I will without Fear, « ,j. ,« u .1 r \iT c\- i» I T^ •/-! /- . Otiih to be taken I'avour, Attctihon, Reward or Promile thereof, make a by the Officer mak- juft and true Ballot to the bell: of my Skill and Knowledge, '"g «he Ballot from of all and every able bodied Man, fit and fufikient for actual serv ;«!""'""'' *"" Service, in the Militia under my Command." ) VII. And be it alf) EnaEled, That the Governor, Lieutenant Ccnvunor or Commander in Chief, for the Time being, is hereby impowcrcd, and may order fuch Corps or Body ot Militia fo to be railed and embodied, to man:> Mto any Part or Parts of this Province for the Defence of the fame, and there to execute and perform fuch Duties and Services, as from Time to Time, He or they flrill with the Advice and C'->nfent of his Majefly's Council judge nccclT-iry for the Defence and Service of this iVovince. VIII. And be it alfo further EnaHed, That all and every com- mifTioned and non-ccmmiflioned Oflicer, Drummer and private Soldier, of fuch embodied Militia, fhall receive and be paid as his or their Allowance and Pay, ..le fame Rates, Projx^rtions and Allowances, as are appointed and diredled by an A61, made in the fjcond Year of his prefent Majefty's Reign, intitled, " An " AS. for the better regulating the Militia on'adbial Service in "Time of War," and alfo, that each and every Officer in the faid Militia fo to be embodied , (hall receive and be allowed the like, and very fuch like Rations of Provifions and Allowances as Ollicers of the lil'c A|)pointment fcrving in his MajeOy's Arrny, and that the aforefaid Rates and Proportions of Monies and Provifions, fhall be paid, delivered and accounted for uni'» all, fuch commifilioned Ollicers monthly, and unto ail and every non-commilfioned Officer and Soldier vvcckK'. The Governor &c. impoweted with Advice and Cnn- fentof Council eo order the Miliiia to march to any part o» tne Province for the defence of the fame. Officer?, kc. to be paid as by t\{\. of 2d Geo. 3, Cafi. 7. ami tti receive (he fame Rates and Al- bwanec*. Officers to ha al- lowed the like Ra- tions of Provilioxs and Allowances as Ofiiceri fcrving in His Majcl*)'s Army. IX. Provided always, ajid he it Enabled., I'hat the Governor, I.ieutenant-Governor or Cc^mmander in Chi.i", for the Time Jcing, with the Advice and Cunlent ut his Mjjefiy's Council, and the Field Olliccrs of fucli Corps, Regiment, Troops, or Comj^a- nies of Militia h to be embodied, may order and direcft, to l^e retained and topped fudi vSuHi or Sums oi Mon^y out of the /Ulowance and Pay '.o each and every non-cornmifllon Ofii( er, Soldier and Drummer, not exceeding one third of their daily Pay and Sublillance, for purchaling and providing fueh Cbitliiiii; ii n ., Tiie Ciovoraor, 4c. wit!) Advice and Colli, nt ot Council and KieM 0;iicer< of Militia, 10 order and diff^t S'l'ifipa. ge? f oin Moii-Ci>m* niiflion Olii :ers anil Soldiery, rv'it cvcti'riinjj \A. ot dnil;' t'ay fir |i ii« IihIi njj cr-n.itiej, IfiLl ■apko '^1. jinno Sexto Decimo Rc?is Georgii HI. CAP. I. 1775. and Neceflarics, as may be remiifitc hv fuch Militia, and which Cloathing and Neceflaricp, fhall belong, pertain and be the Pro- perty of each rcfpecftive Pcrfon, for whom the fame are provided, fnbjedt ncvcrthelefs to fuch military Regulations, Laws and Orders, as may be made from Time to Time by the Governor, Lieutenant-Governor, or Commander in Chief for the Time being, with the Advice and Confent of his iVTajcfty's Council, and the Field OlBcers of fuch Militia io to be embodied. T\at% and penatdti X. And be it alfo Etia&ed, That all and every Fine and Penal- how recovered levied ty that may be incurred by Force or Virtue of this Ad, fhall and •ppropriaie . ^^^ ^^ recovered upon the Oath of one ' more cn.-diblc Witnefs, before any two of his Majefly's JuO es of the Peace (not being OfHcers of fuch Corps or Body i Militia, fo to be raifed or embodied) and the laid Fines and Penalties Ihall be levied by War/ant of DiArefs or Execution under the Hands and Seals of fuch Juflices, upon the Body, Goods Cha'alcs or FAatc, of each and every Delinquent, and that all and every Fine and Penalty levied, recovered and received by Force or Virtue of this A^, fh;;'l be paid into the Hands of the Trcafurer of this Province, to be expended and laid out for fuch Military Ufcs as fhall be thought necelTary by the Governor, Lieuten:un-Cirved, or Hi: in Ibme of hi or Corps of > each Compj aforefaid. XV L Pro any Pari the Times of ad from an Enc by the Gover with the Adv herein conta 1775- Anno Decimo Regis Rules and Orders fo as aforefaid to be made, Ihall have full Force, and Eifedl in fuch Militia, fo to be embodied. XIII. Provided always, amUe it EnaSied, That all and every de«no""«tend' fuch Rule and Order fo to be made as aforefaid, (hall not extend to the Lite nor Fino to the Life of any Perfon, or to the depriving him of his Property, •»"'*« 4°> above Forty Shillings, for each and every Otfcnce, to be commit- ted a'Minft fuch Rules and orders fo to be made as aforefaid. XIV. And he it Ena^ed, That each and every Regiment, Trcion, Company or Body of Miliiia of this Province, lo to be drafted, raifed and embodied, as aforefaid, and every Part there- of, fhall be officcr'd and commanded by Perfons, who are at the Time of their being appointed, and who have been for at lead one Year next before the Time of their being appointed or com- niiirioned, Freeholders and Rcfidents in this Province, and by no other Perfon or Perfons vvhatfocvcr. XV. Provided a/ways, That it ihall and may be lawful for the C5overnor, Lieutenant Governor or Commander in Chief for the Time being, to appoint one proper Perfon, who lliall have ll-rved, or fliall at the Time of fuch Appointment adtually fcrve, in Ibme of his iVIajefty's Forces, to be Adjutant to each Regiment or Corps of Militia, and alfo one proper Perfon as a Serjeant to each Company of fuch Militia, io ordered out on Service as aforefaid. XV L Provided always, af J be it Enadied, ThaMhis A ot the Poor to lake care and make ef- fcftualPiovifion lor the pre! vnticin o\ the Inhabiiaiiti. Sick <-f Inffiled Pfifo'sio ifnioee thcmieUes or he ic 11 JVi-'d hv ) I- t'ces aiid 0.i.»kwr» nf 4he I'oor. B '•* E \ ingut Intedion, when it (liall happen that any Pcr- <^ fon or I'erfbns coming from a' road, or belon{;ing C'll"?' H'.:tf> 'lied b^ I'.' Id I. 1) Imj- ill-; 1 1 jiy ot 1 r 'J'.m« vvh • iVili bj t>:i.L » I h Sin ill r y &i iin I whi) r .' •!« ihltf to pjv lU fiiiie, loUe I ai I b. OvriOen nl tie P.i()rotTi)vvnwU«io they belong. •:;;vi^,CCJ!: E >^^SJ.«V HEREJS no AJire Table is madt' for fixing and !',eimbl». Q trr % tifcertainin^ the ll'eightof Hread, when it Jball hap- (^ h /'" '^'''/ f^'f Pf'iff ^/ Hour exceeds Eighteen ••Jl f- Shillings the One Hundred and Twelve Pounds^ '^yhi^^lt/fiy ^xtoidupoize. I. Ji: it Enabled, by the Governor, Council, eind Ajjepnbly% That from and after the Publication of this A61, the I'wllowing Tabic Ihall be the Rule fur noaking the Afli/c of Hit ad lu.ide IP. 1 — 8»o Table for m«king the Affize of Bread when Flour from i8j. to 18*. per Ct. Weight. jinno Sexto Decir.n Regis Georg i 1 III. C AP. HI. '775- for Sale, when the Price of good, found, infpeaed, Whcatcn, fino Flour, ihall be as hereunder mentioned, tbut is to Jay, When fuch Flour (hall be from Eighteen to Nineteen Shillings the One Hundred and Twelve Founds, the bixpenny L-oat, ihall weigh, - ^ . ci mi- When from Nineteen Shillingri to Twenty Shillings, inclufivc, - „,'/-. ci M When from Twenty Shillings to 1 weiuy Or.e bhil- lings, inclufive, - ^ " ^ When from Twenty One Shillings to Twor.ty Two Shillings, inclufive, - ^, " ^, ^ When from Twenty Two Shillings to T wcniy Three Shillings, inclufive, " ... ' rr' . ' When tTom Twenty Three Sh.llmgs to Twenty Four Shillings inclufive, - " When from T wenty Four Sliillings to 1 wcniy \' ivc bhillings, inclufive, - " W hen liom 'Iwcnty Five Shilli.:gs to Twenty Six Shillings inclufive, - " " When liom Twenty Six Shillings to I wcnty bcvcn Shillings, inclufive. - " ' When from Twenty Seven Shill.ngs to Twenty Li^^ht Shillings, inclufive, - ". I I I I 6 3 •» o n 10 When Ftoar ex- ceed! lis. the 6d Loaf to weigh i»«. lef»for every \t fuch Floi-r (hall be at more thto 28' Brown Bread to VkCigh i'b more for 6J than White Bread. Twn Juftieej ap- poininl liy Scflioni 10 make monihly an AUiM of Bm id agreeable to th« Ta- ble in this A*l itiid in .hi Art llih I Cm. 3d. Aixfl to be alRxed J. ih<" moll p"hlic pUct by Cletlti of ihaMaiket. II ^W^.//^^i£«r;<^rr/, Th.twlKMiitllvillf.hnppcnthat jNi;rehantabl^,fine FU.rasa^rJald Hul be :uagrva.r Price than Twenty Eight Shillings the One Hund. ed and 1 we ve Pounds, the Six Penny Loaf of Inch Hour fl.all --^^ ';- .^ '"- CCS lefsfor every Shilling fi.ch Flotir ilul be at "j;;-/! "J^^ ty Ei^ht Shillings the One Mund.al and 1 welv ^ ' ""^ ^.'.r"^ that the Houd^old or good Brown Bread, 1 udl weigh Half . Pound more for Six-Pence, than White .>read. HI. M he it olfo further EnaBccU That any two of His M fis^ Julhces ot thc^Peace (fi.ch Juilic.s Njng appointed by ^£Sonl are hereby impuwered to mak. N "- J >, ^ ,f ^- ot Bread made lor Sale, accoi .g.. .^^^ - ;^; ^^ -J Clerks of the Market, anv Law, UJi^w 01 wniUlandinK. IV. And ! »775- Anno Sex(o Decmo Regis Gsoij^on {11. ^AfTlV. IV. And he it Ena5ted, Thnt the Clerks of the Market flull examine all Hrcad made for Sale, and i^ail fci^c all, fuch ^ijcad as flviU be found under the Weight urvfcribed m the Afl]^e anadc as aforefaid, under the Ten^ of Forty Shillings f""' cyerV Niiricdl, and the Baker of fiich Hrcad (9 found under WeigW, Ihail forfeit and pay for every fuch Offenc^c the Siuu of For^ ^Shillinl;s, which Fines and Penalties flull be levied by Wafr^^t of Difi-iefs and Sale of the Offenders, Ooods a nd'Ch attics, unvfer the Hand and Seal of one of His Maje^y's Jufticcs of the Peace, and Three Fourths of the Bread fo feized and pf the Finea and I'enahics fo levied 'lull be for the Ufc of the Poor of the Tovvn o\ Plaoe where ilic Jlfence ftiall be coniniiited, and the other fourth Part, to and for the Perfi)n who rtiall (Jete<5l the Fraud, and fei/.e fuch Bread as alorefaid. irf Clerki of Market 16 »yitiiitnc tit Hrcad made > (or Salevnd raizealt Br«ad'dn4c»A^!X-* IIKREAS many and great Jnconvem'endes arife for PreimWe. i the want of uinthority heing granted by Latv, for %. holding to lltil fuch Perjons who may he indebted ?■ for Sums under Ten Pounds ^ and exceeding] Three '■y Pounds, ' ' '^ '• //' ;-%y^a«P'.: I. Be it Enaffed by the Governor, Council and Afemb/y, That in all Caufcs where the Sum in '(ietTni4nJ fha IK exceed Three I'oiinds, the Provuft Marlhall or his Deputy, may al-r^ft, imprifon or hold to Bail, any Hebtor or Debtors, upon the Plaintiff, his Attorney or agent n iking and fub/cribing an /\f}i4avitin writing or on the back of the Writ to be ifliied, for Recovery of the l)e!)t, to be fued for, belbre a Judge or the Clerk of his Deputy of the Court Irom whence the W'it Hial ^'ic, lUtit t)ic ^Hend- ant isjulUv indi;bted to the Plaintiff in a».^ ..iini rxcccding Three Pounds, which Alliilavit lb fo be fublcribed as aforcffifd, (hall' be filed in the Clerk VOtlicc IVoni w)icncc fuch Writ may ?flu^ as aforefaid, and the Hum fj'ccified in fuch i'\|ridavit (q made and fuhfcrihid as aforc.'aiil, or to be made on the Writ as al^ofcfdid, Ihall be Indorfed on th .-..'M i 312 Anno Sexto Decimo Regis Geop.cii IH. CAP. V. 1775. If Plftlntiff ii fick and unable to at- tend on th« Judge, or the Clerk or Commiflioner for taking Bail, fucii Plaintiff may make Affidavit before a JkAice of thePeacc. II. Provided always y and be it Ena£ied, That vhenioevcr it may happen that any Plaintiff or Plaintiffs are fick • .d unable to attend upon the Judge or Clerk of any Court, or upon a Com- milTioncr for taking Bail, to make Oath to his or their Debt for holding a Defendant to Bail, fuch Plaintiff may make Onh be- fore any One of His Majefty's Jufticcs of the Peace, and every Oath fo to be taken, and Bail, which may be ordered by any One of His Majefty's Jufticcs of the Peace as aforefaid, fliall be as good and effeftual as if made before any judge, CommilTioner or Clerk as aforefaid. C A P. V. An KQ. for eftablifliing the Times of holding an Inferior Court of Common Pleas in the Town- (hip of Tarmouth in ^een s-County. .* fc. j^ER j:js the Want of Roads, and the Dipnce between PreamWe I »' I the Townlhip fl/ Liverpool, in Quecn's-County and the 4 t Townjloips o/* Yarmouth, Barrington. and Argyle, make^ the Attendance of Perfons refdent in the /aid rownjhips, at the Inferior Court of Common Pleas, /j^/^ a/ Liverpool, iortbefatd County, not only 'uery inconvenient , but greatly mpedes the due Admhiijiration of Jujhce in the /aid Townjhps of Yarmouth, Bar- rington,W Argyle. For Remedy whcreot, I Be it VnaSled, by the Governor, Council and Affemhly, That rS5r::;:*. an /,^r,V court oj Common Pleas for the [-d County of ^.j.«. f „.' Tudd.v o. ^^„„; (^, 11 and may be holdcn within the J^^^^^'P "^^^'T; tlo^C ' muth% the County aforefaid, on the Firft Tuefday of Apnl, an^ on the laft Tuefday of OSlober hi every Year. li And be it alfo Ena^rd, That all and every the Laws of this Province, rcl^K-aing the ballotting, fummon.ng and Atten- Law. refpeflJog j^^^^ of Jurors, '.ordering and taking fpccial Bail, the Service of ;nT:;uidc2.. Writs and Exect'r:oi:.s or which relate to order rnd d.reft ei- ther the praaicai or judicial Proceedings of the Court, of Law m this Province, (hall extend, and be conftrucd to extend, to the faid Inferior Court of Common Pleas, in the Townfh.p of Tar- mouth as afoxefaid. CAP. VI. »775- Anno Sexto Decima Regis Georgii III. CAP. VI. CAP. VI. An Aa for the ready Admiflion of fuch of his Ma- jefty^s Subjeas in the Colonies on the Continent, who may be induced to take Refuge in this Pro- vince, from the Anarch) aud Confufion there, and for fecuring the Peace, and preferving the Loyalty and Obedience of the Inhabitants of this Province. ^ ,iS^ii- HERE AS there is at this time a moji daring and k unnatural Reb llion, fubfifting in the neighbouring P«««*ie- ^ C Provinces againji his /acred Majejiy and his Go- % f. vernment, and as many of his Majejifs Subjects of ■i}-'%3^i&^4- dutiful and loyal Deportment, are dejirous of -with- drawing thevifehcs from fuch Confufion and unnatural Rebellion, andfecliing an Ajlum in this Province, I Be it Ena&ed, by the Governor, Council and Ajemhly, That every Perfon above the Age of Sixteen Years, who have, or fhall hereafter come into any Part of this Province, from any Part of the Continent oi North America, with an Intent to dwell or rehde within this Province, or to carry on any Trade or Bufincfs, (hall take the Oaths of Allegiance and Supremacy and Declaratton required to be taken and fubfcribed by Aft of Parliament. II. And be it Ena^ed, by the Authority aforefaid. That every Perfon taking the Oaths and fubfcribing the Declaration aforefaid, flull to all Intents and Purpofes be efteemed and reputed to be an Inhabitantof this Province, and intided to all the Privileges and Immvinities thereof. lU. And bt it alfo EnaSled, That the Governor, Lieutenant Governor or Commander in Chief for the Time being, or any one of his Majefty's Council, or any one of his Majefty's Juftices of either Court, or any one of his Majefty's Juftices ol the Peace for any County, are hereby authorifed and im powered to admi nifter the faid Oaths, to any Perfon coming into this Province, and they arc hereby fu ther required to certify into the Secretary's Otfi'-.c, the Names of the Perfons fo taking the Oaths, and fign- inir the Declaration aforefaid, together with the Trade, Kufinefs, Employment nr Occupation of fuch Perfon within Sixty Days al- ter taking the fame, there to remain on Record, for the Ik-ncht •f the Perfon lb taking it, IV. And jnnc(7s many evil deftgning Pcrjhns have, and mn)' '• i..r../,////- ram,' into this Province wth an Intent to corrupt th: Minds Perfon I above id Years of Age who have come, or may come into this Pro< vince {rom anyjpart of the Contineat to take the Oatht of Allegiance, Arc. Perfons taking the Oathi, Ire, to be eileetned a« Inhabt* tantt. Perfons authorifed to adminifter the f^idOiths. :ind t) certifv tnti< (he Jiecretary'i Ol- lice, the N»ni«i <'f the Perlon* taking the faid OHth?, with theTf lif'-, Bufinefi.lc. ofluch I'crfon, wirhin 60 Days. ■*iim iiiiw.TWUli ■■■■a 314 Anno Sexto Deeimo Regis Georcui III. CAP. Vl. •775^ If any Perfon com- ing into the Pro- vince, from any of the Provinces now in Rebellion, fhall not in 5 Di»ys after his Arrival prefent himfeU b-ilorcforae one of the Magif- trates hereby au- thorifed toadmi- nifter faid Oath, lawful for an" of hiiM .jefty'sj'ofticei to luni «on & bring fuch Perfon before him and require his taking and fub- fcfibiag Oaths, and upon Refufal to order Perfon re- fufing to find Se- curity for good Be- haviour, or to commit him to Goal on refufal of fuch Security. Perfoni holding traiterous Corref- poiidencewith Per- fon* njw aff)ciated in Armsaeainil his Mjjeity'»G')vern- ineot ftjall on con- vision thereof fuf- fer ag'eabie to the hwti^Q' Britain. Minds of his Mujejiys liegeSuhjeBs, and to carry on he fefgnsof hii MaMrebelliousSuhjens aforejaui. Be tt Enacted, by the Au- thority a for etai^ th;ir Itlny Pcrfo-n co.uing t.om any of the Pro^ vinces nowin ReHellion againft hisMajefty and Government, into thisProvince, and fhall nOt within the >pace of hvcOays after his Arrival,prqfent. ^H^ to foni? one of iheM.giflrates hereby law- fully authorizedtoAdminiflfcr the faidOathscindbdorey^ the fame, and lubfcribo the Declaratio'n aforofaid, it Ihill and may be lawful for any of hisMajefty'sJurtics of thcPcace to lummon and bring f"ch Perfon before him.and require his taking and fub- fcribinsthe Oaths and Declaration aforefaid, and upon RefufJ thereof, too^der anddireft fuch Perfon i^^. refuhng, to find two good and fufficient. Sureties, for his good Behaviour dunng his Refidence in the Province, :tnd upon his Kcfufal, tocom^im fuch Perfon to any of his Mpjef^y's Goals till he fl^all t.ke and fuhfcnbe the faid Oaths and Declaration or find ticcunty as aforclaid. V. And be it alfoEnaiied, That if any Perfon living and rc- fiding within this his iVIajefty's Province, tl.a 1 at any 1 .me here- after hold any traiterousCorrcfpondence with any Perfons in the aforefaid Colonics, now afTociated in Arms againft his iMajefty s Government, either by Letter, MefTagc, or in any other criminal and traiterous Manner, he or fhe being thereof conviaed,a- Kreeablc to the Statutes and Laws of Great Bntam Ihall fuflfer fuch Pains and Penalties, as in fuch Cafes u provided, aga.r.ftPer- fons traitcroufly corrcfponding with hu Majcfly s x^nem.cs.. 1776. At the vince at H ylnuo of tl- GEC FnuK the I lever Day the jelly AsSi: vind( An Aa i the Gi the ic t:iin t! 4 1 * .4 1 rf >>( •5. .,,.( f '.,, % n Af ^ rv ^ tbefaid To the Pur py, Jo tmnccd, any To'icnji tis ojorefaii I. Be it feml'h, 'I'll vf Hiilifiix 1776. Anno Scxlo Dccii/io Regis Gilorgii 111. Cap. I. 215. At At the Gf.neral-Assembly of the Pro- vince o{ Nova-Scotia, begun and holden at Halifax, on the Sixth Day of June, Anno Domini 1770, in the Tenth Year of the Ileign of our Sovereign Lord GEORGE the Third, of Great- I^ntal1l, France^ and Ireland, King, Defender of the Faith, &;c. and there continued by feveral Prorogations until the Fifteenth Day o^ June, Anno Domini 1776, in. the Sixteenth Year of His faid Ma- jelly's Reign, being the Fifth General- Ass km bi.y convened in the faid Pro- vince. G A p. I. An Aain Addition to the feveral A(fts, made by ,j.s,u., j.c,. the General Ajfcmbly of this Province, to enable ^^/v/,?" ^;^ the feveral Townfhips wiihin the fame to main- ^ '^^ 3 '"?• s* tarn tncir Poor. «.ovo. ^.cap.t. 10. Geo. 3. caf. z. ^^-^♦♦* HERE.IS the InhabhoHts offk Totv^p^Ip of lUi- " ''^" '" ''^' ^' "*?• /r ^-''''^^^^'i>^'''fi'^tsfncttiu/ji'7'jm-s(>j' Law Jl- Pttamhlc, X "t '."•^'"'^ ^^ ""'*'*' ^^of'i^yjo'' the Support of th« Poor of |^•^^^^(^■^{^^ /'^'^ 'Toivnf.^lp, which bus made it ucccfjary fvr the JufiiCfut the Ggncial Scftlons of the Peace to atncne the faid T'jixnjhlp^ in fnch Sums as to them appeared requi/ited for the Piopofe. And wlienas Doulits have iinly the Ju/ii esjor dfejjing thefidfums fo amerced, or -which it may he expedien} hereafter to ameree, on any To"uH/bip negleiting to meet and wake Vrovifonfor their Poor tis ajorefiid, I. Be it Emded by the J ieHteMant-Govrrnor, Council and Af- feml'h, 'rhat in all Cjfcs where the Inhaliit.mts of the TownHiip 'J fia/ifi.x, or of any other Townfliip in tho I'roviiice, iliall M5 neu;lea N 1 16. y?,7«0 »S't'Jf/'0 DtT/V/Z/? jRcjrzV Gkorgi.1 III. Cai'. I!. \'jl6. In all C.iTes where Juiiices ih:ili'ameice ihe 'I'ounlliiji (or ihe Support ot the poor, AITeffbrs to be ap- pointed by them, the AtTelTmein to be affixed in (ome public Place, three Days before the end ot the Seflions. Appeal to be de- termined the lame bullions. If Afieflors ncglefk to make Afl'ellaient within Ten Days after Appointment, or if Colledlors negleil theit Doty, to pay a Fine of Is- to be levied by "Warrant from two Juftices. neglcdl to meet and vote fiich Suins as may be necefTary to be railed for the Support of their Poor. The JuOices at their Special Scjions oftL' Peace, (liali and may amerce fuch Townfl-iip in fucli Slim or rfiims of Money, as they lliall think requifite for that I'lir- pofe. And they fhali alfo at fuch Seffions appoint Five Freehol- ders (three or more of which to be a qiiornm) to affefs the Sums lo amerced on the Inhabitants, which Afllffment fo made fliall he affixed infomc public Place of fuchTownlLip, at leaft three Days before the end of the fame Seffions, that any of the Inhahitanislb affefled, may, if they fee caiife, appeal therefrom, and that the Juftices may determine thereon the fame iScffions. II. Andbeitaifo £w^''"'""^y f"'- to the Treafury as aforefaid, and for which new Notes or Receipts l^^lZ^lf Ihall be given m Purfuance of this Adl, ftiall be cincelled as is ch«nceii'das direc d.reaed by the afore-recited Aa, and the new Notes fliall be T.f/allJ^U' counterfigned in Manner therein-mentioned. No.'eVcoun.erfign'd ii CAP. III. ill Anno .'^I'xto Decimo Revis Geowgii HI. Cap. HI. 1776. Ml Accounts of the Receipts ot Monica arifinp fiom any Duty, &c. and the Accounts cf (he iffuing ot all M' ncy which fhall C'.ime into thcTrea- f'lry ti. be laid before th Geaeral-Jjjtm- bly f< Examination, &c. and l""cli Apprrba- Ui;ii& Ailosvances to be a Difcharge sr (1 Baragaintt any Action. Piovifo. CAP. III. An ACT for taking, examining, and dating the public Accounts of this Province. '■fi.^k^ff^^, E it EnaBcd, hy the Lieutenant-Governor. Coun- ^ h" cil and JJjemlily, That all Accounts of the Rec>.'ipt ^ "^^ of any Monies arifing from any Duty or Taxes )\ f. irrunted and raifcd, and that hereafter lliall he s;i an- ^yi^'r»»j^^ \^^]^ jind raifcd by the General-Ajj'embly, for and to- wards the Support of Government or otherwlfc, and the Ac- counts ot the iffuing and Oifpofal of all fuch M )nics as have, or Ihill come into the Treafury by any Ways or Means whatfoever fhall be Lid before the Gsneral-Ajfembly at tiie fevc-ul Scfiions held from Time to Time, for their Examiuation, Appiohatioil and Allowance, in fuch Manner as to the Gencral-Affembly iba!! bo 'judged proper ; and all fuch Approbations and Allowances of the Qeneral-Afjembly heretofore, or that hereafter fliall be j^allcd, Ihall be to the feveral CoUcAors or Heceivers of the Duties, Treafurers and other Perfons concerned, a full and final Dif- charge, and be a Bar againft any Aftion, which may be brtmj;ht for a'ny Sum or Sums of Money againft any of the i^crlons aforelaid. II. Trovided, That all Monies arifing by the Operations of the Lommmioners oi nis ivi..jc..;/ = a.vc..«._,, ^. --^.- - furer for the Time being, and audited by the Auditor General ot his Majefty's Plantations or his Deputy. III. And ivlereas gfeat Incotweniencies have arifen hy Tcv- fons having Demands or hretend to have demand on this Govern- went, and who do not bring in their Accounts for along Tune ajtcr the lame became due, or -was /aid to become due, and that tht'o 1 ^ciii^tb of rime, or the Death or Abfence of Perfons, the PqlJtbility cf ileteiJing Fraudyisyreventid, byMcar^ of whtch the Province has been, and may k' greatly injured. For Remedy w/jereoj ; Perfon.havingPe. Beit Enafied, That all Perfons having Claims or De- mands againit tJo- mands againft this Government, cither tor Work done, Liootis vcnmen. hei.R- .11 r.^^ ,,, Scrviccs of any Kind, which may have become icrcaV..;^ • due, or o\ving to them before the Firft Day ot 'June Inft^ant, or have any any De- ^^j^^ hereafter havc any Demands as atorefaid, fliall bring m rhrfi:;c'"bc;.uc^'he the fame before the next Sc-tf.on of the General- Ajhr^Hy or w.th- next btflion or the jj^ ^\^^ \:\^^ Wcclv of thc faid Sclfton,, tu bc cx;imini.d and au- ^ p:eme Courts hy an Aft wade in the Fifteenth Tear of ll^4? biiretuinti, and all inatterj depending at faid Couit, to be proceeded on ai the Days appointed by this A&. I C A P. V <220 // 6. Anvo Sexto Regis (JKORGIl 111. ^^''^J*- V. i6. G«. 3. ("P. !• preamble. C A P. V. An ACT to repeal an Aft of fne Gceral Afmbh " cfth:, Province, made for regtdat,ng the M.n.a, " a„d more particularly, an ASl made ,, ^heje- 'ZJreJof Hit pnfent Majefiy s Re.sn .n- « titled, an Aa tor the better reg..la^.ng,thc " Mil,t,a on aaual Service in Time ol War. S^V * lis Mate/If s r™/.. « 'to P^'>^'""'^r„":'^"":f . t-»-v$ "/gw 4-*'/. '•" ^''''"' " ■•' '''J^l'tJ . ' n. ,v F«^^«/, /^y /^^' Lieutenant Governor, Council an^Af- /,,,;/./;., 1 1^^^ .^" ^.';j.^j, .. o .he f.veral Ads of this Province infilca, an Aa in A^^^'^';^ ^^ ^" j „^^,,, narncularly, an A6t .' made for regulatm|; ^^^^'^/r."'' '"1 M norty's K'^ig" i"^'^'''-^' . made in the iccond year ompr.^^^^^ ^^g^^ ^^^^.^^ ;:::.^':^::l^bca:TlLiishcrci,y.^^^^^^ « -J J / ^«, That nothintr in thls*^ft contained, fliall MijrHy'* plolufc (liall be known, , be kituwn. Aft 16 Geo. icap. 1. lUtint; I 'he Miliiia iep«»l*'»'» At » '^"" ~ -^ ^-i ti fm^ mmmmm^^''immmmmSmmm^m. ■ump mmm At v»