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Les diagrammes suivants illustrent la mithode. 1 2 3 32 X 1 2 3 4 5 6 OP/Po-■.-b^Jp:S5 cags T U F. PRIVATE AND LOCAL ACl \CT.S OP NOVA-SCOTIA. jl \' / " *^ /^>Ct*<^i; w ^it^^dw tZc, /^<^l'^y:> f^. rf THE PRIVATE AND LOCAL ACTS or NOVA-SCOTIA. PREPARED BY WILLIAM YOUNG, JONATHAN McCULLY, JOHN W. KITCHIE, JOSEPH WHIDDEN, C0JiMISSI0NEH8 FOR KEVIi^IN,; and CONSOMDATING TIIK LAWS OK TUB rilOVINCi: AND riBUSIIED VMJKR THEIR ?i;PERINTKXI)KNCE, PirsiANT TO AX ' ' ACT OV T'li; LEGISLATIKK. HALIFAX, N. S.: mClIAHD NfOENT, PlBLlfiHEll. 1S51. .BtvT, "■''•"^txori, acorn; "'".us sinwT. :n PROVINCE OF NOVA-SCOTU. l'u<8fil Till April, I'iSI. •I- "^V. Kncinr;, Halifax, X. !<., l,t yopti-Uibcr. 1851. ■^"'- ^^■"^^»^^^- PRKFACE. .•i.«p.-, i„ . ::!;:;,;:;r °""' ^""'= »"-" ->■ -<• «•« -bor „f .,. 'Mifi,.,. .\„„, Sr,„i.,. U X„r,,„/„„ ,8-,,, PRIVATE AND LOCAL ACTS. Aniiiiiil I'T till- I ^N ACT FOK PorXDIX.. EST.V.L,S„TX.> AXD MAIXTAIXTXU, . = .,„.„. , fOLLKOR IX THIS I'HOVIXCE. year grante.l, allowcdid p i 1 ,y to n t L ' riT^'' ""'' -"''^ he governor Jieutenant-gov4nor, o;« to quarter. a.s the same ' nl ! i ' ' J'^ '" •"" "■^'" •l»«'f'-'»- go,«oftlcsuXolt^^ ''" '>:''\""^'^'"" «^"^''- thc said cdlo^ and I c vm u. of /."^''^^''''l^^^ "'l'' '^"PPo-t of andprofi.sso.ltobcb;uSa;;;;,im.f "'"•'" ^'^ ''"^ ^^'-''-^ time being tlio bishon nf V^ °«! • '""tenant-governor for the »nil,iriiisii(}li-i,.i,i •"■' ir|«iniii,| i„ ""• 'i>lf(.f ••|)„ •"'•vrnor* i.r ^"i.i .-.■iii.i." • ' t •"< Hi" "•"•"f » Il.r, H "■!• unj 1.111,1 •'• '*'<>i- the Ik ti M"Vi'n)f.iN '• 'Virii,,,., , , "'■'1<<' l.in„, „. . „ -lli-V.'- ^^" I,avo an." w, ?^: •"" ^''^ '"Hi-r part r./ "„ ,:, ' "l""'^ -f' X<>va ■^I'il'ihl'il-ii ,,| pl..|.--. .1-.. »crv«iit u, t,iu,.„j jiimseir iviih ,u, leavo. ^ iiKnt o| lli(> sai.l college .,.>,I . "-•'''" t ion am yonon) ■^t'cni incf. /;,i- ,l„. . "•.""•• limn mrh uoticf. ... ."^r^' ^^''ph I .<"• tli<« 'i«i'r III iPtii slinll 111 tlioin ; '■ocoivo. ! ('ollo_Lt», <-* i.inlls.' ■ontrary 1 inor- r' ;j:enc- \y sliaJl ii.'mcr.s, ind for ■I- pro- llK'Ot, ? pre- lum of officf. ill be from llCll), ' tho I and irles like and t of 'aid 'OJll ta 3or ry nt Of yOVA-SCOTIA. herehibJlbro kZi^ for tho mv^. ^'' "i "'"™ »* "'» ™"' ™"'. r.rv cs^wUnna I'^u&TtlT/lXl S^'o'l oT""; a charter obta ned from nnr «,,..* ui^uuiu^ snaii b« erected, and 9 Oranl of tiOO to purihuu • (torernori to pro- vide n teDiiK)r»ry I'resMtfut or pro- f<-»"or»,untll n Hit- lI'-liiitbHlldlnKbB •■iwuil, nnd u I'hnri'i olittioeil fruni jii Uitjcttj. Av .- of nioney which they are de^onl^ ^ ^7"^^ contribution sSnis the said college, o7i^,c promo ion of T"^- '" • ^^^ f ^ ^^« f»"^« oi andthecollogiaieschXrw!;C^:S^ wards the maintenance and sunnort of thn !1 T \^^'' '« or to- such other way as may bes SZl ! *i *""''"'? *'''''^-'-'^' ">• '" i" view, and tl.oy «7des ois o ? ob ' '' '"^^^^'^^^ '^'y ^^^'^ legislature by the na^.inrof «n ,n?^ "'"° "««'«t«"«e from the them to hold p4ef^ a?d ml ' tl -"^y-l^'^V?* ^^^ enabling and convenience. ^ ^' '"^® *'"'' ''^""''^ ^"^h greater east every such other personi ^'J^n as^now a 1 '^^^ '"'^ ?" '""^ «-&,,,. the said society, and their m!^ 21^.7..^..^.'"'^^ « '"^ '" """• ■•IP 10 frovlso. Aiiiiiial gubsLi-lp- lion to be paid hv membcrti. IVoviso. .'ake and esta- cessary for the rule and „«^? ordinances, as may be thought ne- tublislL of tl.e"offi:et ? olrTrTm* ^'"'^ --ty,^^ and declaring the extent dZtli a ^r"^^'"^"* ^^ ^ts affairs, officers of the society a^'id^W^'j/ 'J^^hority of the offices and rally for promoting Se o^ts of tSf V • ?PP«^?J"^«nt. and gene- aws, rules, and ordinances t not con^*^- ^''''^'"^ «"«h bye laws and statutes of this piwl Tf'^ '•' 'T^^^^^ *<> ^^^ saiuo, or to the laws and stat Z ^ ?J- *''°'® ''^ ^^^«® within the fFctively, at the ime „ch ve kL '"f ' ''l'^'' ^^^^""'^^^r, re- ^ constituted and establLiro^;'\S'^'' ""'*. ^^'^^""^^^^^^ ""^y lings, or u^^rc^'^S-T:™!^"^ of twenty shil- ppunds or upwards, shaTltrem tied ?o h""' ' t'^''''' '^ ^W ciety, having been dcdy admitto 1 tl ! I"'"u^''' °^ ^^^^ ''"^^^1 ^o- I'rov ded that such a^nuj 4 tSS* '' ?' ^^*^ ^^^"'^ tl^^reof paul into the funds of (he "ociorSr i' iT*^*^" ^« ««*««% a member of the sai.] society o^wSiS.'^ '^''\ "" ^'''^^ "«^v bcr of the same, shall at a,^ H ,,! 1 T '"'' """y '^^^o^o a mem- tbe same, unless he si 1 C 1 ore oT, f " '?'""^ " "^^^"^e*- ^f pay at one time into the funds of H^f-? P""'' ^^^ '^'"" ^^^^a^er least twenty pounds, or i , .'.tS^,.! "^"^f ^^^ « donation of at .yeal^ pay into the said fun o i .? ''"""«"j' and from year to >vards and if such annu ^b^riSn t '""'"'^ '^'''"'"g^ «^' "P' annur.l member, shall not be mid on ft « PT'"* ^^ ^"J such year^ such member shal them In *^ ^rstday of .Afay ifi each by a oc„„,„it,co of 2e clt^^iirr'' '",'' '" »*''^ "•»"»«od ™..n,mt« ,„ 1,0 henceforth caS h7 ""'' ,*.~™'' ^ «'o said '• '"""''• '''™"* !-• »^- the pre*„t of .he aaH.. OP iVOVA-PCOTIA. non e.squire, now the secretary and L'suVer "f tK^^^'^^ '""* m.ttee of the said incorpiratcd%^.iet 3,)t '''''"^''■' *''*'"■ tec be elected under this act ^' "" ^''''^^'^'^ '^'''^'^'^^ ^&rJ^orSo^t::^^i'' r^^T ^--^-tion, or after become members of SSl 'jn?^ ''''."?^ *"^ '''"^ ^^''"^ J>*^re- other respects emit bd ?o be .n 1 h"r^'''^'^'°"''^^>^' ^'^^"g '» «" ciety, ancf now und aTany Tir^SS mrS ''' ^'? r^ ^" appointments, or any other n . nn i ^ . ^'^ '"""^ °^ *^« ^aid incorporated society^ bein'Sal. .S "PP^'"*'^^"*^ ^^ the said pursuant to the bye Jaws ^ferln/ ?-'^ '""^ appointed thereto any rules, ro^l^Xror t't " of b"/ '• f'"'^ '^^^^^■"- «^ ^" trary not^ithstandinr. ' '' ' "^^ ^'^^ '^"^ •'=^«"^^.^'-- ^o tlie con- .lentandexecutitetmS^^^^^^^^ society, by a mi.Jority of the member tr!^ meeting of the said whole nufaber present boinVIT,'! f *''! '""'"'^y Present, the cording to suchie^ula ion??nn. • ^^'"? *'''"*^ members, ac- horeafrer bo made=by ny Ve £0^^ «^ "^-7 by virtue hereof. ^ ^ ^ ' ' ""^ ^''^ '"''^ '^^''^^^ty ' to l^e made otllr oE.;rm:7i:Se.£r re°'-^^ f''."^^^^ ' ^^ ^'^ its affairs, shall b7anSod i, T"''"'^ ^''' *^^ mana^.ement of ^^^.wsa^-s:-?t:-?;s^-^^^^^^ life mcmwl^t^^i^e;;- : :?" iTr ' ^^^'^^^' ^^ --^^t"to be invested under tKreclr of tL;'" 'T'^' P'""^^^' «^"^» permanent fund ibr the be^erof tl o lir"'"'? ''"^'?'".^" '' ^ funds of the said incorporated socio v s^n T' V' ""^ '^''' *''« paid and applied bv the PVP,^lf "^ • "'• ^'P^' ^™<^ to time, ho Huch purpo^efonl/a an^:^^^^^^^ ^"«.^\^^"^ "«d'for direct or appoint -and S fbi ! vl ? « ^'^ ^^ ''"'^ ""'^'ety may and are heLVreoSe inm^^^^^^^ ^o bound^ their acts. reS cTpenS^^^^^^^^^ "7T^' '' 't ''''''y ^'' «" said office; and to^mk£C;rann«allvTo?b''^ ^"^ '^' general meeting of fl.o ' ^^^' annually, to the said society at its of its aff::;^'*^t'aJly ^'"^'''' '^"'^ ^*"*« ^f ^^^ «^^» «ocie^, and 9- A general meeting of 11 flee until appoint- "lent under nei. I'erscns or all ro- lifiou-i ilenoniinii- tiuns ellulhic nn niemhtis Appolnlmont of president, vice preKident, and •'ommitiec. ■Appointment of secretary ami treasurer, Kc Investment of donatloiir^, and dl»i)o:,!d 01 l'iind« saic society shall be held once, t..nera. n.«ta,„ 12 Meeting of com- uittee. PRIVATE AND LOCAL ACT3 any rule or by/l..'«f ?he" S'Sjic""™" " ""^ '' *-"-' V Jle?,Vfrr.sTher marb:''ot '■°'' ^Y^ '^"" ■"«' "»■> bore sball form a nmmT. ' "'""' ""'' »"J »>"•« n>™- 1*2, G«o. 4, chap. 3V. Preamble, AN' ACT TO IXCOFPORATE I,„ OOVERXORS OF THr D.LHOr^IE COLLEGE, AT HALIFAX. I>ALHOL.IE right honorable^SL '3 tf /?P' '^'^ ?"^ P'^^^'^-e to the lieutenant-governor ^i^^o^LITS:;:- ^^ '" T'^J^V'^ majesty .s aovernor frn„„rni '"p ;1"^® **? i>o\a-fecotiii, and now his tniiiionl, th?tTco£7or 1 Prl.r;T'^'''.^^^'''t ^'"^"'^•'^" ^^o- J'ranche.; of science S litLt,! ?''" ^^ -^^"^^ ^"^ ^^^^ ^"gl'f'r or university of Edi ^^h^'^ll^ ^^^f "••<> V""''* '"" ^''« ''•^'W at Halifax, 'in WScS aS JL^''! ''"' ''^"" t' '^^ ^^^"'^''^l^^^l seven hundred and fiflv nound? .f n ? '""^ "^^ "'"^ *^^«"^''»"J »;elon^ing to his n^ajesTyT?he ^^1^07.7 '"'"7 'f '^'^^a- Scotia, •should be appropriaffin 1 nn!l 1 ; ,^''^ '"''^ ^'""^ «f Dalhousie saidcollego^TnK^ir^Slt^ ""1 '^^"'^^« «^ ^^^^ money has been granted bv the 11.! l ^''T^'^ P''""^'^ «f l'»^'« for the purpose of S n- " 1 - ^'''''" "^ ""^ -^^ova-Scotia, tod ; and u^.oreas the smn ""/' ^^k *'"" "", '^"'''^'"« *« be erec- fifty pounds hIveVeon cx^^^^^^^ ''''^ ^'""^'•ed and r>ose, on the lot of Sound^tho nr^^^^^^^ ''''''"^ ^^' ^^'^ P"''- the name of the ™d mr^'li^- • ^ ^^ - ' '''^J^'^^' known bv and the residue of theCdsut'n? ^^' ^ff' ^hurci; in Halifax! ••'nd fifty pounds hath been exc^^d^fi"'?^ '^"""T^ '''''' '^""^'-^'i H^nd two hundred and e'ihyn^nf .^ a' ^"'''^''f of eight thou- pence, in the three ner op? i^ r^'^"^'^' "^"« shillings and si^ luame of the r KL?htr '''^'*^'*^^ """">^'^-''' «t^"'^ing in lie Me ^^ampson Sa LrSe' 3^ '^ ^/I'^onsie, the bono ! "s «.. ondowmen b/the uL and t '"''"]''l ^^^^^^'-^^^ ^^"'J«^-. seminary of learnincr at Tin] L TT ""^ ^^'^ '^''^ ^o^'^ge oi- themorLerfectrt.^bhktnt:^tr^^^^^ rating the trustees and members hereof foT^ ^'' ^"'"''P''- said, and for such further endowrnpnif.!' *• ^he purposes afore- seem meet : """^ ""^"^ ^''^'^^'^f «s to his majesty shall Establishment of 1 p„ ;, j. ^ Dalhousie colleie. f" "'^ '» 'It^rcfore Olnr/pfl X-o 'PK„i. • and in the building or CSim»J^ T^ ""^ *»""' '"H ■-■-own Of HaVa, afi&dXrbSrjSfflS OF XOVA-SCOTIA. this time, one college for tho education of youth and students in aTJilfl'';^"';'' "^'^''^"^^ '^"^^ literature: as they are commonly taugh m the college or university of Edinburgh aforesaid and to be called Dalhousae college ; and that the said George eaH of Dal? housie, governor-general of his majestv's xXorth /.iSn dmn - ons, or the governor-general thereof for thetimeboin^ Sr Jamos theZ h li^^r ^T^''''' '^'^' '''''' ^^^'^^'--''We miliary dorof he bath, 1 eutenant-govcrnor of tho said province of Xova Scotia or the leutenant-governor of the said province for the time I. nn "• the nghyeverend Father in God, uibert 8t!.nsn bi 1 p f tT,; •hoceseof ^ ova Scotia, or the bishop of the said diocerfor e Ume bejng; the honourable Sampson kalter Blowers if- stce of the said provmce and president of the council, or the cV.iSs! ^e and president of the council of the said pro i nee for reih^, l)emg ; the honourable Michael AVallace. tJeasurer of to S provmco or the treasurer of the said province for t e me bein- of the said provmce, or the speaker of the house of assembly for he time bemg; together with such person as shall be elS fresident of the said college, in manner hereinafter mentioned sl,^] bo ^o vcrnovs of the said ooliego : and that the said X '], ] con'i^t^of three or more chans or profossorships-tiie first^f t e Gieek and Latin cassics-the second of the mathematics, natmal \md ex penmen al philo,.ophy_and the third, of tholoty and mora phdosophy at such salaries, and subject to such provision re° u lations and limitations, as shall be "itppointed by the ruks and ordinances of the college; and that \he said goveniorl or the major par of them shall have the power of elecfng the pret d nt of tl. said college for the time being, to be a govenior of'the 3 tin!; '^^"^ ^""^ governors and their successors, shall bo one dis ?fnliP?v ^ ; -^ • "^ the governors of Dalhousie Colle-^e at tW«rii * ' P>-ovince of Xova Scotia, and by the same name they shall have succession and a common seal, and they and h^r ano in Jaw, siiall be capable to have, receive mircbiio hnU «.V sess and retain, to and for the use of the s^id cXge n^ SaSe ' lands, tenements and hereditaments of ^V\Z vZ^ I ^ ' quality, so as the same do not excS 'iii yj Hy va W tKuL "f five thousand pounds above all clnr^« ■ „nJi ' ^"® ^""* o* ctattol,. gift, L, henXijiitSv t,7jt: ia governors and their successors, liv tlie same n„„,l !.k ii i e capable i„ ,,„, ,„ ,„, ,„, ^ /J i? a^ tl^^^S in all or any court or courts of record oi nkp«= ^V " ™P/^"^ea, any or all of his majestys domiSot ; ifcVa'c i^^nf el^ matters and demands whatsoever, and of what mture or S soeyer. m as large and ample manner and form Is any other £dv Fl't. c or corporate, or any other liege subjects may or^can do ^ 13 Onvernor. I'rnreosnr^liipii, • idVPi'iiors incnr- poratp.l. 14 Rule* ami nr.li- nancpj. PRIVATE AKD LOCAL ACTS Tc'flt or engaifo. inetiN required of Mmlents. ^•roffssorships may h,. incivased. Visitor of oollejc, Act suspeni?c(l, 'Hs:nte.l to bv her iiriji'ity. ^- JMich person oi- nersnn« «= i • cessors, ,„„3.8ee fit fromS to . nw '""J'^^^' ^"'^ h^irs and sue V),^tor3 of said college. ^' '° '""^ *° ^int, shall be vS"o; < O'-o. 4, ohap. P«amble. ■ 1.V JOT AITIIOKKrao THE LEVn,v„ . C»n" THE „cp.u.mSt'SeX, "'' ■'"- Whereas a larw sum np ^ i , OF XOVA-SCOTIA. 15 ^^t^^^^^r't'^'^^y^^^^^^ the gover. accomplishn^ent of Z oSsTr l°if h^^^^ further towards the erected and endowed. AKLrLt >1 Jir ^- Y^^'""^ "^'^ the expenditure of lar-^e suraro^^^L ® '"judicious, after that the further proc^^esf of th^ anZ ^ T^l i*?'' ^^''^ ^"^^ding, out a fair trial bSifSe of ?>.f % f' 'H"'^ '^^ ^''^^^Jed, witfc therefore, in order fo^Slftt "''^"^"'^^ °^ ^^' '^^^ institution : discharge' the said debt ' *^' ^''''"°^« '^^ ^^^ ^^^^^ college to pounds, in 'tteTsurj1ot%e^fe^^^^^^^^ thousand Loa„ to governor, lege for five years on thrtrrm« i governors of the said col- pressed ; and Elbe Lwn frZ .^^ ''"^'*^°"« hereinafter ex- wurrant'from his excellencv thT ^ '^ '^^^' P^'°^^""^^' ^y i» chief, for the time tS in ^^^^^'I'^tTgovernor, or conmiander college. ^'"°' ''^ ^^^'^^ of tl^e governors of the said logo; bdng"S;r4"oid1wo'f""t' ^'-g-gtothe said col- ^..,. nine shillir^s ^l sfx ^e s^Trlin " of .f '"^^ «igJ»ty-nine pounds annuites, slfall be and Ed D ed2 f f t'' ^' '''''■ '^'^^oMaiod the re-payment of the saS .n ! !f « *^' P'''''"'^ «« ^^^urity for the samVshall be pad no h treasurVof 7 "'^ ^^""^^ ' ^"^^ ^hat after the said five yeaiC thrsa^sSS t'' Pr^^^^^^'/vhenever, directed; and in order tW ti^ -i '^ ^^q»»-ed as hereinafter college may be enabtl X to Lrry if riK t '''' ^^'^'^'''^ this act, they are herebv au hnrtS 7 'T .^^^"^^ *^° provisions of be necessary to enrbHrtrusf^^^^^^ • ^1'^* '"'^ °^'"^"^«« «« '"^7 eight thousand tw7huid TnTJ ?/'^ •'' """^'^ *'^« ^^^^^ «»'" of and six pence sterLgTstvestd ^^^^^^^^^^ P°""^^ "'"« ^'""^"g^ annuities, to dispose 5f so mul of t ' « ^T P'" T^' consolidated 1.K) sufficient to repay to Z nrl-, T^ '"'"^ ''^ ^^^^^^ ^' «'»«*" pounds, lent to tl^verno s IfT'! ^]'' T '^ ^^'^ thousand same shall be re^^uir^^by a Te^^^^^^^^^ ^^'ovided, the this provW afL the e^rSof Ve' sS fiJe" yef "''^ '' the province, as an additLdsortitv fi."?. '"'^^ P^'^^^ed, to ^"^•• •said sum of five thousand runr«nJ' i ^\'^m^^^nt of the the re-payn.ent of thel^,tlCm of tt'T ^'''l^ ™"'« ^'^^e for I fRrvAi£ A.vr, iocal acts 4 Vic., ch»p. 30, Preamble. Governor with we advice of the fxecutlve council <<> appoint govi']'. nors of Daliiousie college. ^acanoics am.inff ilio governor? to w supplied in I'kc manner. i;^^ . ^"'^ 29th March, 1841. reign oTSs Cr^'lrtti",.*^^ «"* ^"^^ second vear of the to incorporate the goSo ^" « ff? ^ ^''""^' ^"*"led. an IcJ the number of the governors • • ^'''.^"S'e college at Halifax whereof the governorgeneml of hf '""'«^ '' restricted to Sx' provinces for the time^S ' is onf T'^'y'' ^^^th American pmcticable that he should act'insuoh '.''•' ''^'''''' ''^"^lers S have arisen whether the honora ^ 0^^^ '^i ""^ ^^^«reas doubte being .,ow no longer president of t^f •^"^*'?^ ^^ ^'^'"^ Province a governor, so tha^t in^S^ty ho'nu^LTof'' ^'' "°* ''^'^ *« ^ will act, IS reduced to four • and S ^f governors, who can or tSsf r- '^^'> of^suciloCThJ^ff ^-^n^^p^^^^^^ among all classes of her maiestv's InK? ' ! • "f^^ion of education distinction as to religious ScnftS'*' T *^'^ Province without increased, and were'composed of .1^^^ ""'"'^,"' ^^ governors were various^enominations ZhStillr^'''' '''''''' Wally' K for the time being, byand StEl'^T •'"°'''''''«'»'"anfler-in-chief to nominate and appS hv 1*^ ^ • ""^ ""^^^^ executive counH I this province, suchS" ^ m^anvT'^'r' ""'^^^ *^« great s^aTof o .lireetee^^4(l^l.4 I'llx' triistt'cs anil Two of the six to hi? named by thL' Kent, govfrnor. Two liy tlio li'dis- Intivc council. Two li.v the av. senihly. A'ucancies how to K' Hiipplieil. I OF X0VA-5er, and if at any time they should exceed that number, then such persons of the said executive committee, not to exceed twelve, as may be selected by the directors of the said society ibr such pur- pose, or in the absence of such selection, and until such selection, the first twelve of such executive committee for the time being, together with six persons to be appointed as aforesaid, or so mai^r of them as may be appointed, from time to time, provided such ap- pomtments, or any of them, shall be made ; but if such appoint- ments shall not be made, then the members of the said executive committee, or in the case aforesaid, such twelve thereof as afore- said, shall be, from time to time, and at all times hereafter for- ever, the trustees and governors of the said college, any thing herein to the contrary in any wise notwithstanding. 4. For the better management and regulation" of the said col- lege, and the more full and complete executing the purposes of this iict, the said trustees and governors hereby appointed, and to be hereafter and from time to time appointed by virtue hereof, together with the fellows of the said college, from time to time to be ap- pointed by virtue hereof, shall be a body politic and corporate, iu deed and name, and have succession for ever, by the name of " the trustees, governors and fellows, of the Queen's college ;" and by that name shall sue and be sued, implead and be impleaded, in all courts and places within the province of Nova Scotia, and they, or the major part of them, shall have power to have and use a com- mon seal, to be appointed by themselves, and to make bye-laws and ordinances for the regulation and general management of the said college, and to assemble together, when and where and as otten and upon such notice, as to them shall seem meet, for the oxcution of the trust hereby reposeil in them ; and shall also have full power and capacity to purchase, receive, take, hold and enjoy tor the use and benefit of the said college, and the purposes of this act, as well goods and chattels, as lands, tenements and heredita- ments, so as such lands, tenements and hereditaments, shall not exceed in value ten thousand pounds, any law or statute to the con- trary thereof, notwithstanding. /). The said college shall consist of two or more professoi-s and tcllows, and twelve or more scholars, at such salaries, and subject to such provisions, regulations, limitations, rules, qualifications and re- strictions, as shall hereafter be a- ^itcd, by the stati.t-is, rules and ordinances of the said college, or ., ..lis act, and who s.:.ua be eligible lU Till' I'.vrutivu I'liniiiittic' for i|ii> timu liihiK I'lmll iiluit\F4 Ik' trn»< tcCK mill (.-DVIT- IIIJI'9. Tlic tnuli'is iiml (,'i)Vi'rnor» In be a I'wly iiolilic, Niuni;. A comiron seal. llic-la«s. May hold goods and I'haUt'ls as well an lauds inc. The lands &<•., not to oNoewl ten Ihoiuaiid iM)undii. Two or more iiro- riS! un univoriity, >vith ul Z\ . y th« usual pr.v,lo^a.s ofsu.-h institution, amltluUtl.o stu.lonts tl,c sm, CO Io^^. shall have lihorty an.l faculty of taking tho .lo E: If'"'' ""^"''''; ''"'^ ''"'^l«'-' •" »•'" «^'veral arts an, ^'■i.v luiil'ir ill. I'rDvbo, Tni^lir,, ^111,1 p,, H'lnnlH In liiiiki ^liltUll'H, \c. ,._ ; - — •— . ».v^v.v. The trustees and ;,'overnoi-8 of tho said college, so appointed n.l incorporatclhy this act, at any general nieetiirg assenE or the major part of them so assemhle'l, shall, frou. time to ti no am they sha thmk fit, make and establish such statutes, rule an o^hnances, for the instruction, care and government of tho stSn .ind foi the care ami preservation of tho books, furniture and other .-„., :;irS'!;t"?'"r,^" ^''« ^-^ ^-^"^^o. - shaH soem n^eet i;.?l „, „,,„,i„„„, an. u am may m like manner, nominate and appoint tho profcssora ami schoWs of the said college, and shall or may also apf^intsuch u tors, ofhcers ami servants, from timo to time, as the siid trustees ay think necessary, and assign to them respectively, out of tho ".. Hies contributed or to be contributed to the support of tho sad fe; dltl •'7;^' '"'f'^ t''V^»«'^^f«l' salaries and allo^va, ccs s they shall tunk fit, and that it shall and may bo lawful for tho said tustees and governors, or the major part of^them, in like mannor t idfit^t'tor't"* f '^'' '^"^. '""'^«^' ^^■^"'"«^'^^- thoy sha till. Iv fit so to do, who, Avhen so nominated, shall, together with the Fotossors, fellows ami scholars as aforesaid, constitute the Sly of u-LZl 1'^'' '"''' *''' r''^'''^'' ^^''''•'''^^' '^"J that tho saS usees and governors, or the major part of them, shall and may in Ike manner suspend and remove the president, professors, tutoi-s scholars, ofhceis and servants, or any or either of them, for mis- behaviour or neglect of duty. . 7. So long as any sum of money shall bo paid out of tho nro- cX'^ rr"'^ towards the support and maintenance of 1 o s id college and aciidomy, the governor, lieutenant-governor or com- nmnder m chief, of tlio said province of Nova-Scotia for the Ze the proceediiigs of the said trustees and governor;, and of tl c committee of tho said education society, and shall have power if le sec occ=ision to call tho said trustees and governors and the sad connnitteo, before himself and her majesty's council of the said province ; and f afler just emjuiry ani du^o proof had, they shaU fin hat any of the said trustees and governo/s, or of tho saidcom- m t eo have conducted the proceedings of the said college, or tho said education society, m a manner inconsistent with this act or l'lv.i,l..|,| I iiuiiiiiiikU'il. l'r.siiliiiil,<:i'. Iiiiw 111 l)j|vmu\ol. ttiivi'i'Mdfiiiay I'li- iiiiiv'' iiilii iii-ii- i-.'iiliriKS 111' tlif inisli'i's :i'iil liiav • 111 lllU> |ll(i„f IV- IH ivr oilic Ts of- li'iiiliriir ;ii;iiiii:»'"i . nation of tnistecj »n(l govurnorB. ^» Aor TO .m-B TH. .,ov.„.v«,,, OK .„|,„ ,„,,„„. IMsKwl 7(li April, ]8«1. te.l hy the Baptist convenUorofkl I' P^'T' ^''"" »'*^ «PP«'n- I'oen transforre.1 ucj^om ST'"* °^ '''^ '^""'^«« '"^vfng ^iaptist education society and thorin^"^ "gvccement between the ..^.agementofthecolle^^^^^^ of authority were provLionaliri.- . 1" '"*"" «^ «"«h transfer 'ego by the convenC ^riZ2r*'^^'"^'"«^« «f Acadia col- < ay of September Ct, a VtlS Tn"^ n '^'' '^^'^^'yfouvih the trustees and governors of til S^ ?^^!:^'-"n«^ick, shall be Hunt, the reve^i^d Sc , ?br' *^/?r*^"*i Abraha /^ Stone James W. Nuttr„I/ Ja«^tP]r'FiM 'l^'i ^'"' ^^''"=-" and Alexander McL. Seely *''''' ^"*^'^" ». Demill, t^ IJ'^C^L^t ^ wSerSn"? *ir ^ -^ '^^ «thor =ha. '. .- tho-rne title and S3r. f i'^^ '''^•^^"^^"t'^"' FW3-V. '3 iho« would have Cne ^.TD Tl^ • ' ?" '^'' ^""^« n^v;-; .vitu .,i:e act pLeu In the tli^'" fJlrL^^^ '^^ "' ««»^<»- -tuled, ^-an act for -rporaUn^^t^eCi^L^^S^^^^^^ OF N0VA-?«OTIA. loK'o nt Morton •• n.ul (l.o act by which the title of the collcco mn (•han;,'0(l to •' Aca(h:i coll(';fe." *=> 4 Nothing,' hiToin shMjI givo to i!.o trustoos ami coverno. 4 .,r,- ,K..nto.l or to K, a,,,K,M.tc-.l hy tho cunvcMtio,,, nny titl to tl c r I .^^.to or >u, M.n,M whereon the coILko is nituuti and eondue , ...t the Hapt.s e.U.eat>onH.x-.ety Hhall eontinue to retain their ti'io such real estate an.l huiMin«s, until the debts and securitien for Ik liahle, shall he discharged, or the parties relieved theref 10 .. on which event arran.en.ent.s shall be made for settli,,. the t fie in n|anner suited to promot,. the interest of both the Tu-ad^iuy esta- r>. livpcil^ .SY.f. f/ 17c. r//«y>. J. . be supported out of the funds, contributions and collections of 'the said soeiety— which college, being now in operation with a lar^e number of students, they have petitioned tho legislature for an act to incorporate the trustees, and extend to it collegiate privileges and pecuniary aid. ^ ° And whereas, the said society is supported by a large portion of the inhabitants of this province, and has, by |reat cferK and perseverance, and by very largo pecuniary contributions, as aforc- aid, and the establishment of the said institutions, greatW advanced the interest of education in this province, and is therefore deser- ving of encouragement ; and as the said collegiate institution is likely to be a public benefit, by affording the means of education, in the higher branches of claasicai and scientific literature, to the youth ?«:i^'T-'^' ''" "'^^'il "'}*^ ^-eligious principles, in a manner =uue.{ 10 iheir means aud habits, whereby the danger of tUeir lea- 34 ¥ Names of iiroscnt trustees of seml- liiiry and tliroc others niimeil liy the (fovernor, i^niineil liiul ax- soiiilily resiK-et- ively Ki lie trus- tees !i ({oveniors of Ht. Miiry'a eol- Wge. On vaennciea oe ciirriii); liow to li. sii|i|ih'ei|. The trustees and fellows of the col- lev'e U> lie u body l«)litio. Niune. May sue and lie sued. May hnve a com- hioii seal. May make liyo- lilWS, fi<\ May hold ponds and tenemeiiLs as well as lands and tenemoiils, so as thi- liinds do not exceed £10,000. The coUeprn may consist of six or more professdrs and fellows, and six or more scho- lars. PRIVATE AND lOCAL ACTS FrL/1^ '^'''''^'"'': Tf'h ^''- '^^''^ t^« "Sht reverend Dector lT^\tl '""''iff^.^'^^Ti P'^"«"' ^^^ honorable Michad Sw! ^T'^^'° ^'?fe^ ^°^'"' J""''^^' Edwai.1 Kenny, Peter thn?S fn '^ semmary, together with three other persons, tofnnr ln?7°"° "Tf^ i^^ ^^ excellency the lieutenant gol vernor, one to be named by her majesty's le^slativo council, and one to bo nanied b^ the house of assembly, shall be trustees and governors of the said Saint Mary's college • hi, ;vp?n Jr^r'!?^?""^"^ ''' *^® case of the persons named by hi Jnnfte A ' ^'«"tenanl.governor, the same vacancies may bo supplied by the governor, lieutenant-governor, or other officer admmistering the government, for the time being ; and on vac^ cies occurring in the case of persons appointed by her maiestj^s legislative council, such va^ancil^s may, & time ^o time bfsV- plied by the said council ; and on vacancies occuring in the case of Sri?f:?;"*^ K? '^' }^ft of assembly, such facancL ma^: nn vJw ^ ^™'' ^ '"?P¥ ^^ *^« ^""'^ ^«»«o Of assembly ; and on vacancies occurring m the case of any of the trusteesf whoso L'Zi^'h'^?? hereinbefore mentioned,^the same vacancls may supplied by the surviving or remaining trustees. In ^°^! better management and regulation 6f the said col- ege, and the more full and complete executing the purposes of tr^f' ')T^ *'"^*'''' hereb/ appointed, and hefeafteTand ' from ime to time, to bo appointed, by virtue hereof, together wUh the fellows of the said college, to be from time to time appointed by Sw«^i! ft PfvP^*"''^ succession, by the name of Saint Marv s col ego, and by that name shall sue and be sued, implead and le impleaded, m all courts and places in the province of Nova bcotia ; and they, or the major part of them, shill have power to S?I!o?n k"'^'' ^''''"T" '?'' *° ^^ aPFinted by themselJes ; and to make bye-laws and ordinances, for the regulation and genera management of the said college ; and to assemble togctheif when and where, and as often, and upon such notice, as to them shS seem meet for the execution of the trust hereby' reposed in them and sM also have fall power and capacity to%ufchase, reccTe; take, hold and enioy, for the use and benefit of such col egc, and the purposes of this act, as well goods and chattels, as lands, tone- S^n ! '7\/™^'tamc«te, so as such lands, tenements and hcmlita- ments shall not exceed in value ten thousand pounds, any law or statute to the contrary notwithstanding. ^ folWa^Jlfi"''-*^ '"'"'^'' '"'Y f "'^'' ^^ ^'"^ «*• '"ore professors and fellows, and six or more scholars, at such salaries, and subject to restSrT'rfr^''^^^ i: citations and qualifications, rules and restrictions, as shall hereafter be appointed by the statutes rule, and ordmances of the said college,' Snd the L/colIosr'kll £ ittle in foreign ivercnd Doctor rablo Michael Kenny, Peter low being the other persons, lieutenant go- council, and c trustees and ons named by acancies may • other officer md on vacan- her majesty's time, be sup- in the case of icancies may, sembly; and ustccs, Avhoso acancies may the said col- purposes of icreafter and ' ;ogcthcr with appointed by in deed and ime of Saint led, implead ince of Nova ive power to isclves ; and and general ;cther, when them shall ed in them ; ase, receive, college, and lands, tene- nd heredita- any law or ofcssors and il subject to IS, rules and tutes, rules 'gfi shall be OP NOVA-SCOnA. deemed and taken to be an university, with all and every the usual privileges of such an institution, and that the students, in the said college, shall have the liberty and privilege of taking the degrees of bachelor, master and doctor, in the several arts and faculties, at the appointed times, and shall have power, within themselves, of performing all scholastic exercises necessary for the conferrin^e name rney snatl Have perpetual succession and a common seal to be in rrml'idT:;? 7' «^f^t-»-nd be sued implead S LtTa'^ an] fiJ 1 T'^' "i^l places within the province of I.^ova- timo tn ' ' "^f ^''^ "'"J"'' P"'"* of them, shall have power from ".-commander in chief shall exnrels hiflMt 1 , Sff ^k"" 1..S a. an, time wi.hiu twelve' n-omk atrltmrril ht^ OF NOVA-SCOTIA. 8. Repealed by 2 Wm. 4, chap i,. y. Jsothing herein contained shall be of any force or effect nn ii ' Tri^' "^^'T'^ '' ^^"«^^» herein, nor unless the s! lea" demy shall be opened and established for the Xcation of l^?ri: wuh.n ten years after his majesty shall have approved therLr 27 His miijesty's as, sent necessary to this act ; time al- lowed for esta- blishment of the academy.— which assent was given, anil the academy opened In confor- wity with this clause. AN ACT TO HE..ULATE AND SUPPORT THE PlCTOf ACADKMY. Kissed 30th MmtIi, is;)^. 2 Wm. 4, chap. 5. n.ta, of christian,, without di,li„S ofS „„d t„ L1°T" sixth vp^r nf \.ia c • 1 , "r . "'^ Clauses ot the said act of the fiftv- f • "''• 2. 3. *, », sixin year ot tiis said late maiestv a roitm /i«*m^ 1 . ,- „ 'v and s, and W dinff estHhlkbinrr or>ri '"'."'■y'^^^J » lejgn, entitled, an act for foun- ^^'■'o-s, i 15, re- uing, estdOJishing and maintaining an academy at Vwtnn in ft" '^'"^''^• province, and also the whole of tlie said^t nf /k! fift ' i ^'"^ of his said late majesty's reLn ZZ iTrfJ\ ^^""'^1' Jear the said act, shall L, aVdS'aE:^ hl^^^^ 0^/^^^^^^^^ the^said ac dem;,l': ^SlSw^^^^ "^' ^-'^- "> hordlanratfhtcd"Sen't^;^;^K^^^^^^ *« ~ part of this province, n^Zf^^n'.Z^lt^^^^ ^^^^^ j...nivy de- clared to be and shall absolutely be divested of all estate and inter- est in the lands, funds and property of and belonging to said academy. 3. In the name and stead of said former trustees, Alexander Frasev, esquire. Middle River, Henry Blackader, esquire, Alexan- der Fraser. merchant. New Glasgow, James Crichton, c>>quire, James D. B. Fraser, esquire, Peter Crerar, esquire, Alexander I'eter Ross, estjuire, Adam Gordon, Doctor William James Anderson, James Fraser, esquire. New Glasgow, Thomas Gibson Taylor and Hugh Johnston Ross, esquire. West River, all of the said county of Pictou, shall be and become trustees of and for the said academy, with all the power, authority, privileges and liabili- ties of the trustees of the said institution, in the same manner and to the same exteut in all respects as if they had been originally named and incorporated in and by the act and charter, i)assed, made and granted, for founding, establishing and maintaining the said academy. 4.' It shall and may be lawful for the said trustees, within the period of one month after the passing of this act, to meet together and appoint one of their own number to be chairman, and that all (lucstions shall be decided at such or any future meetings of said trustees by at least two-thirds of the trustees present, including the chairman — nine to be a quorum. Oi' ^'OVA-SCOTIA, 29 GL'LATB AND mtyof Pictou, erations in the ► unite the two rt thereof, and on therein, for erally, as well ' and by virtue >lution8 of said )rt of such in- eir rights, and charter : , fourth, fifth, th, thirteenth, act, passed in ig William the ! Pictou Aca- ealed and dc- tsoever. :, as aforesaid, binding, and tied to vote or ire here]»y de- ate and inter- nging to said 63, Alexander [uire, Alexan- bton, esquire, ■e, Alexander illiam James lomas Gibson rer, all of the )f and for the ;es and liabili- e manner and len originally passed, made ning the said es, within the meet together I, and that all etings of said inciiiding the •"uiuijc of educa- tion. Course of cUuea* liuii. 5. The higher branches of learning and education, to which instruction m the said academy has hitherto been confined shall continue to be taught as has hitherto been practised. 6. In addition to the above mentioned branches, instruction shall a 80 be given m the languages, and in all the elementary branches of learning usually taught in grammar schools, includin- in the course of education therein the modern languages, and the practical application of the mathematics, or such other branches as may be determined on by the trustees, and that a teacher or teache/s be app 'iited to give such instructions as soon as the said trustees can find a suitable person or persons to fill such situation ! ^}iri ^""^^^^ '''^" ^"'^ ^* inconvenient to appropriate funding for aca- any part of the building now called the Pictou academy, for the '""'• purpose of affording instruction in the lower branches, that it shall and may be lawful for them to provide any house or building in the town of Pictou, suitable for such purpose, or to make such ad- dition to the present building as will afford sufficient accommodation for the scholars, as to the said trustees shall seem most expedient and advisable. '■ .nn^finf/J'"'^'' '^ '' ^tended that the said academy shall not be Pa.™,,.., confined to persons called presbyterians • aad that no master or teacher employed and paid by such trustees '"'''■ tt:ilogicrcTaf " *'^ ^"^'^"^' p"'^^^'^ '' p"-^^'^' ^'' -^ in fhie/fof t'^li r J^'f -^ ^V^'" lieutenant-governor, or commander Appointment or in chief for the time being, by and with the advice of her maiestv'a ""'""• executive council, when and as often as it shall be deemed expedient or proper, to nominate and appoint a visitor or visitors for the said academy, w'ho shall be a person or persons not resident in the said county, and wholly unconnected with the said corporation, and who shall inspect the existing state of the said institution in regard to 13 bye-laws, funds, teachers, students and proceedintrs of tlio trustees, and report thereupon for the information of the several branches of the legislature. 10. The death, resignation, removal from office, or continued vacandc absence of more than one year from the province, of any trustee of thereof ' ''''''"''^'' '^ ''''''''"''^ '" ^^® board of trustees 11. To supply any vacancy or vacancies occasioned as afore- said the choice of any future trustee or trustees of the st.id academy shall be made by the votes of two-thirds at least of the .|Uorum hereinbefore named, and shall be certified to the jrovoinor leutenant-governor, or commander in chief for the time being, and It he shall disapprove of such choice within three months after the same is certified to him, then the said trustees shall proceed to .^rf!'"'?'' trustee instead of the party disallowed, and shall certify such second choice in manner as aforesaid ; and if the per- son so elected aa trustee shall also bo disallowed within three Vacancies in tms- tecs, liow to \xi suiiplied. 90 Art to be in force four yeart. PUIVATE AND LOCAL ACTS months after the election is certified as aforesaid, then the vacancy in the trust shall be filled up, and a trustee appointed by the lieu- tenant-governor or commander in chief for the time being, by' and with the advice of the executive council ; and in case the said trustees shall not elect any person to fill such vacancy in manner aforesaid within six mdnths after such vacancy shall have occurred then the said vacancy shall also bo filed up by the governor, lieu- tenant-governor or commander in c'lief for the time being, by and with the advice of the executive council. 12. Expired. 13. This act shall continue and be in force for four years, and from thence to the end of the then next session of the general assembly. " IS Vtc, cbup. 36. ClAuses in act 8th Vict., continued. AN ACT RELAT?ING TO THE PICTOU ACADEMY. Pas8«i28th March, 1£50. 1. Be it enacted, ^-c— The first, second, third, fourth, fifth sixth, se\enth, eighth, ninth, tenth and eleventh clauses of the act passed in the eighth year of her majesty's reign, entitled, '« an act to amend and alter the act to regulate and support the Pictou aca- demy," are hereby continued until the first day of May. which will be in the year of our Lord one thousand eight hundred and fiftv- two, and no longer. ^ 20,G«o.3,chup3. AN ACT FOR THE ESTABLISHING A PUBLIC SCHOOL IN THE TOWN OF HALIFAX. !l Preamble. Wliercas cvcry public attention to the education of youth is of the utmost importance in society, and whereas it is impracticable to procure a person sufficiently (jualified for that purpose, without making a handsome and liberal provision for his easy support and maintenance : «ect"rVX>ii. , \ Be it enacted, lyc, That a sum not exceeding fifteen bun- ding injiaiifu.x for ured pounds be granted for the purpose of erectinir a proper and convenient building in the town of Halifax, for keeping a public school, which sum shall be raised in manner hereafter to be direc- ted by the general assembly. 2. That a sum not exceeding one hundred pounds be annually granted in the estimate for the expenses of government for the Sum allowevhereas the said society i^ upSd .!" ? ^°"^«"^«»<^e. ^\nd habitants of this province aSl. .7 f ^^ P"*'^'^" ^^ the in- verance, and by Iry large necunhVv^nffl '^•''"'''"^ «"^' P^'-^e- as aforesaid, and the estfwfsC nt^nf ^? '^"?"' '""^ *^«"^<^iio"« advanced the interests of educaUof in!) • ' '"'^ "'"^^'"3^' g^-^^tly ;;ng of encouragement ;wlSr?anVbI^ ^''T'' ""^ '« ^'^««r- the said society may be benSl in ''"'^ *^' incorporation of per to grant the .said mi5 """"' "*' aforesaid Jt is pro- 33 Names of porsoni iDCoi'iiomteil, Nftiiio of corpora- tlOtl. Not to hold IniKls, &c., ({ooiU, kc. of trveater value than £0000, The land, &o., nt llorton to l)e ves- ted ill the society. PRIVATE AND LOCAL ACTiS 1. He it therefore enacted, Sf'r., That Edward Maiming, Charles Tapper, James Walton Nutting, William Allen Chipman, Zachariah Chipman, John Cunningham, Joseph Dimock, Theodore Harding, Major Chipman, Holmes Chipman, James Lent. William B. Kinnear, Thomas Pattingall, James W. Lovett, David Lynds, Edmund Albern Crawley, John Pryor, Simon Fitch, William Johnson, John Ferguson, William Chipman, Charles Twining, Samuel Bishop, James William Johnston, (reorge Dimock, Richard McLoarn, Joseph Crandall, James D. Harris, Ingram E. Bill, Samuel Bancroft, Harris Harding, Ebenczer F. Harding, Ezekiel Marsters, Frederick W. Miles and Israel Poucr, and all and every such other person and persons, as now arc members or office- bearers of, or in the said society or association, called the Nova Scotia Baptist education society, and all and every such other per- son and persons, as hereafter shall or may become members or office- bearers of or in the said society or association, and their successors, shall bo and are hereby appointed, a body, politic and corporate, in deed and name, by the name of " the Nova Scotia Baptist educa- tion society." antl by that name shall have succession forever, and a common seal, and h|y that name shall and may sue and be sued, plead and be impleaded, at law and in equity, and in all courts and places, and be able and capable in law, to have, hold, purchase, got, receive, take, possess and enjoy, lands, houses, tenements, heredi- taments and rents, in fee simple, or otherwise, and also, goods and chattels, and all other things, real, pers(Jnal and mixed, and also, to give, grant, sell, let, assign or convey, the same or any part thereof, and to do and execute all other things, in and about the same, as shall or may be thought necessary or proper ; and also, shall have from time to time and at all times, full power and au- thority, and license, to constitute, make and establish, such bye- laws, rules and ordinances, as may be thought necessary for the rule and good government of the said society, the establishing of the officers proper for the management of its affiiirs, and declaring the extent, duration and authority of the offices and officers of the said society, and their mode of appointment, and generally for pro- moting the object of the society. Provided such bye-laws, rules and ordinances, be not contradictory or repugnant to the laws or statutes of this province, or of those in force within the same, or to the provisions hereof: and provided also, that the said society shall not hold, at any time, lands, tenements, houses, hereditaments and rents, goods, chattels, property or effects, of greater value than six thousand pounds. 2. The said land, form and premises, at Horton, with the buildings aforesaid thereon, shall be, and hereby are declared to Ix^, vested in the said incorporated society, in fee simple, subject never- theless to such debts as have been incurred by the managing com- mittee of the said society, and still remain due in and about the purchase of the said land, the erection of the said buildings, or other the business of the said society. 01" NOVA-SCOTIA. 3. or wanl; soiiiety ; All perrtous paying an annual aubscription of twenty shillinm rd« to the 8oc.ety «hall be entitled to be members of the 2l - .ety ; provided that such annual subscription or donation be actually paid n.to the fundn of the society, and provided that no pe.^on now a me.uber of the said society, or\vho hSter nmyr come a ...ember of the sa.ne, shall, at auy tin.e herX coS^ a n,e.nberot thesan.c, unless he shall hafe heretoforS or shall rut.o. ot at least ton pounds, or shall hereafter annually and from u "ud/nnd?;!"" '" 'f 'T'^- '''P «"'" '' t>venty^i.illrngro upwai Is . and .t the annual subscription (»r payment of anv sur>b annual mc...ber shall not bo paid on'the first^li;; o m';^^^ ^ y a.., after the present year, such annual member shall tireu^ n ccise to be a member of the sai0^. ttod V dohif liun uf £10 riiti. Ilfp <)ti(! U) }hi h ■nfuibcr. Ed,„„na Alto,.„ Crnwl^ -John w 'S-nZKLCZ S A president, two vicc-prnjideily, twoHfrri'tarkii aiHl H Iriattiirpr — M board of dirrc- tors and It DiuDR- .:li>K vummltt)^'. Kdward Manning to b¥ pretidGDt. Cliar.t's Tupp«r aiMl James Wal- ton Nutting, vice .irecidcntfl. William C.ilpniaii a Btcrcuiry. William Allen Chipman, and others, to b« ex fcutlvc commit- Ite. son, William Chipman Samuel "" ' Mclicar el Bi.iop, w'^i;rj;im2'(i^^^s; S3 ingiamKUl, Samuel Bancroft, Harris Harding. Ebenezer F H«rdmg,E^ek;el Mai^ters, Frederick W. Miles an^d ifrae? Ster.; m.v thedii^ctors of t£ sSd'sliS^^hrii,^ Z ^^^^ act, be the d.rectoi-s of the said society; and James XSam Toh ston James Walton Nutting, William Chipm^m S mo" Fkc ' Willian, .Johnston, Edmund Albern Crawley, jZ'lWRicard McLearn, Ingram E. Bill and Charlea Tup^r. now tK gSg ?* Ptnoni, witboul regard to rellgioui »" «'«« management an.l other propertTofTheatltv " J! ^TTr^^ '^' '^'•' *'«'■'» and keep tLiT n repi to eoL^^^ ^^l" ^"'''^'"^ thereon of the society and XemUv to mir'"'' T*^ 'i''^"'' ^^« ''""^ ne88 and oonSrns of^'reSv Tn S ""'^ ''"^"•'* "" '^' '^"''- ful and proper or as mnv hl^'i- T^" i""'"."'"" "» '"".V be need- society; prEJ'ded tUnt tL -i""''*^ ''-^ *^" ^^^''^^^vs of the provided, and shall bo C and ar J he^Z "^ '^■'T'' ''^^^'" to account to the societvfor „ll ♦., • .^ mmred, annually, and doings what:o:rea^Lifsai5^^^^^^^^^ ''''''^'^ ^P^"^'^"- of the pro^e s andVtete of hTl„^ «"d and ex^pen^ftureraTstate of J^/J^n^' 7^ "^ '^' ''''^P'' society, and of its'affdrsgetrally ""^ '''°""*' '^ '^' rule or bye-faw of tf? S ^r"" "f 'P-y ^ directed by any said s»4 tl'»t 'STierbleT^ftir^.f '*" "' '^» same, or any other officer^ nf .1,. T "•*"'"' appomtment to the I>uty of th<- fx». cmlvf rommltl(-f. Anniidl rrport to Ix' inHile h> illrn'. Inr« anil exM'u- tivc cniamltter. Oencrsl DiNliog, McetinB of dlr*c turs and executive comniiltep. -AppolntinentFnct perioHneni. A.V AOI ™ ISCOmiu™ »E BOVAt .CADI.N SCHOOL SOCim. 3 v,,., ^. ,. Pasted 27th March, 1840. Of Hat -•-T'^' '^ P^^f ' '^«^°'»*^ tJ^«°^««lves in the town ^ , Hahfa., ^ th« year one thousand eight hundred and thirt'S; privatk ani» uh.m actm forllio e«ta»)lmhinent of a ncliool for the cdiicHtioii of iM»(.r diiMivii, ami have lairto*! from time to timo by private contrilnitioTw. Impo sums of money, which have been expended towards the erection of vrthiablo and exf»en8ive buildinj^H, on a lot of l.uid in the town of Halifax, granted for that tmriKwe, and alrio for the cstablislnncnt nnd support of the said school, called the royal Acadian hcIiooI ; an(' whereas, our late gracious sovereign (leor'ge the tliiid, diil. I.y grant under the great seal of this province, liearing date on or alioiu the eighteenth day of I)eceml)er, in the year of our I.ord one thousand eight hundreo employed in .said school nnIo«.s previously approved of by the governor, lieutenant-governor or com- mander in chief, with the advice of the said council, with power to eaeh governor, lieutenant-governor or commander in chief from time to time, with such advice, afterwards to dischari,rnil(in of f>>»\ .KauA.m •I'lifMil InciFly j rnfiTs nlid |,rlvl. It'Kcs, "If NOVA-SCOTIA. therein iiritul^.l „?,! ,i'''"r''""'' ''""'""« ""-' in'tni.u.! .lames Finlayson (Jray, JosS How v' n'^'"*!'"'" "y^'^:' Aln.o,, Keith. Henry Pryo? RoK R? V"'" \"""*''' ^'•^'^'^"flf>' flociety. JSihU of n nffl^ ^"^ goyernmont of the said of it/affaii and Sine L extent tbe management the officer and officers of th^e sawSvandS^^ ""' ""J^""'^ "^ repugnant to thf Ws or ste^^^^^^^^ ^ •'* ^^"^^^^'^t^ or or effec^ of g^, ,, th»l?h°oltf;;„;'ir''' """'"^ afo"««aird"tirE^ rSwKi«"iJ''''f'ji''" '^ »"»'«"«» >•..,.«.. the oo-'i ;, *-""'/"i»" "«> ann Hereby are declared fo b« vo-ta.^ ?r sori^v .o i^di the sad m^rpora,*, ,«.fety i„ fe ,i^p^ ,„y„, " „„^,- ^«^ » »|c»i."^ 3T (I I 3 I 38 Members of the society — Bums to be paid by them. Provijo. I OSce-bearera. Proviso. Continuation of rresiilent, 4c. DOW in olBc9. PRIVATE AND LOCAL ACTS 'IhfJt^'' ■\ ^^''^ ^T '"'"•■"'^ ^y t^« managing committee of dip nrT^ ^-."'1'* 8t.ll remain due, if any, in aldlbout the pur- chase of the said land the erection of the said buildings, or other the busmess of the said society. * 3. AH persons paying an annual subscription of twenty shil- lings or upwards or making at one time a donation of ten ^unds or upwards, to the society, shall be entitled to be members of ?he said society ; provided that such annual subscription or donation be actually paid into the funds of the society, and provided t a? no person now a member of the said society, or who Ly hereafter be- cc»ne a member of the same, shall at any time hereafir conUnue a member of the same, unless he shall have heretofore paid, or shall Llff f Pf{' '! ?"' *""''.'"*^ *^" ^""'^^ «f ^he said society, a do- nation of at least t«n pounds, or shall hereafter annually, and from year to year, pay into the said funds the sum of twenty" shillings or upwards; and if the annual subscription or payment of anv such annual member shall not be paid on the first day of June in each year after the present year, such annual member shall thereupon cease to be a member of the said society, until such annualsr scription or payment shall be actually i^id, or until such person shall otherwise become a member of the said society, under some bye-law or rule thereof j', ""utsi ayme nff^-ro '^^^ ^''^ r^^^ ^^.^" <'^"*''»"« *o be governed, and its affairs managed by a president, a vice-president, a secretary and a treasurer, and a managing committee, to be henceforth called the executive committee and such other officers as the said society may fl^^^ Tif r ?'"'' P'^P"' '' P^''"'^^'^ ^h^t nothing hereii con- tamed shall make it necessary, after the passing of this act, or in rz^i^^^^rl'^jr's^r' ^-^^^ ''- ^--^ -- «"^"« .hn^\ oft '^?"" Campbell, now the president of the said society, shall after the parsing of this act, be the president of the said so cietv, and the honorable Thomas N. Jeffery, now the vice-president of tie said society, shall, after the passing^of this act! S the viC president of the said society; and James 1:!. Hume, n^yTthe sJcJ^. tary of the said society shall, after the passing of this act be a secretary of the said society ; and that the honorable Ilibbert Newton Bmney, now the treasurer of the said society, shall, after the passmg of this act, be the treasurer of the said society' ; and tha it, r'f ^' ^^^%^r^^^ ^"S^^-^"' *h« honorable Enos Col- hns the honomble Hibbert Newton Binney, the honorable James Wilham Johnston, the honorable Sir Rupert Dennis George the Archibald, John Spry Morris, Charles Twining, John Slayter Adam Esson, Thomas Forrester, Hugh Bell, Mather Byles Al2 James Rnlayson Gray Joseph Howe, William Youngf Alexander Keith, Henry Pryor Robert Brown, James C. Hume and John McNeil, esquires, and the reverend John Scott, and the reyei^nd John ATnrfin nnm *\,m manai-^-,- -^ ^— •.. /. ., ' .. "*" -«»cicuu « ,„!. „(j,, j„g mana^iig cwuiiunwe of tho saia society, shall, OF XOVA-SCOTIA. . i^rZC^^:^'''' "*' ^ '""^ executive committee of the said ^Ln^^KSouT^^^^^ '' L'"S'T ^^"^'"ination. or after, become a nSJ^f?^f"*'^ ^^ ^' *"^ ''^ ""^ time here- all other resLctre titled to t '"^^'-porated society, beiiig i„ society, and now an .?? 1 f- ''''\^''T^ «» i^ember of the said said offices and apSntme,rn'' ^Zf'^'l^'y ''^''' ""^ o^ the in the said incoi^ Stv LTn'' M "^^ T ointments, thereto, anythinrconblJ? f^'- ^ duly elected and appointed Jaws of thfsLirsS tl Z'^'r^'"'^^^ standing. ''*^' *^ *^^ *^^"trary ,n any wise, notwith- froL tiL''to1fn.:traerT^^^ «''^" '-- P«-- and executive commhtee at «1^^ ^ president, vice-president ciety, by a maSv of fhf ^ k °*'""'''^ ""^^'"^ ^^ ^^^e said so- pointments 7Se„t X. T T TT* ^^^••^^*'- ""^ "» "P" be hereafter Zh^l be S ?' ""^ "^''"^'^'^ ^^'""""ee to majority of triniinf.T '^*/°'"^ «'"^"^^ ™««ting by a reiLlatLs clcSnW^'h tn^^'f ^^ T'^"*' «««^'^'"g *« «u^eh enacted, or as mTSaTer bT^n^'r^f ""A"^ ^''''"'•''^'''' ^^ be made by virtue^Slt a&'r'^" ^'^''^ ^^^ ^-^^^ to toLettctsttatl^ir^o^^^ «- ti-e and exercise suwrvifbTfhli^f T\*^^ "^*i'^ ^^ *^« society sion may requLTto 2. il /^ "°^' ""^^ ^"'^ «« ^^ten as occ^ other JeS2e^nZ^lITi:'' "T '*^ *^'l^^'^ "''^"^r^' «^- any the society. ^ "'*" ^^ *^® '^'«*^' *« the annual meeting of ^i^^sirTi^^^ ^,z r"^ ^^^« p- of the said school, and of the ^c«i^L ^n/ ^I^^'^^^ *"^ ^tate Of .he fund, .„ Uj, onrre^^f aSKt-Tk^" -- in "er/tei 11^ »tl oLt '"" '*«if' X,?'-" <- keld once »™l, 01- a aaiorittof^™ Ti. I ™"°''"'0 00'»"''"oeafore- "eei,•ng„f rS° e'^Jj" have power to call a general ««,juS occasion, aH cf'X";'^ '^i^^tl" ""^ ""y shall and mav be -rTr's-- 1 ^ *' T ' ? "^ ^"<'" manner, m society. " '^S^'^'^ "^ tne rules and bye-laws of the said 39 EllKibillty for (ilBcc. Society hcrcan«r to apiKiJtit officc- bi'urcrs. AppofDtmentof treasurer and se- cretHry regulated hy byt-laws. I ower given to executive com- mlltec. Annual report of executive com. mittee. Ocneral meetiiui of society. 40 Committee mee- tlngv, Appointments not co'isidf rt'U |n.r- maneot. phivate Asri) local acts ^^^^l''^^^ -.t and an app^nted b, the rules an^J hje'Z:'::^ Z':^Ztr"'' «ubject,1ts to their duS «^l ' iT' f ""«»«»*, hut shall l>c and rules which n^ frSm £ to tTo iS' ""'' *? ?' ''^^'^^^^ this act, in the same ni^in^r al an^.f .«' p T'''' ^^ ^'•'t"« "^ the same, or any oth^ffices of ti n ."' '7' ^ointmenttu su^ect, anyt,4 herein S.;^ th:!^?^^,;;^^!^ «Vio..c>.ap.3«. AN ACT TO INCORPORATE Ti,K EDUCATIONAL BOARD OF l'«B«ByTER;AN CHURCH OF NOVA-'coru TU£ PWamble. Inoorporation of «ducitioniil boarJ. PasHtd ilOlli Marcli, 18W. areTrrn\t;r:ii:[/and^f ^"^r "^ ^-S-tia questa and ciS ZTf. ''7T* «f ««»-tai" donations, be- of NoviscS foMhe nti?' V *'*' ""^ Presbyterian ch'urch ous education t^eoUetiSnS thatTwr^'^^^-'^T^^' ""^ ''^'S- nature may be mJe n7Jhl. .i '^''^' """* ^^''^^''^ ^^ » similar «aid subject ^t'Ssidr^'tl^^^^^^^^^^^^ taken the management of said funds shoilrl »J^ «etei-m med that the caio and tuted by them f^ su^purtTe a^j S'^ 'T, ^^^'^ ^'^ ^on^ti- to the li-islature for thn^3„ ' r ** ''"'''' ^^"^ s^ou'd apply abling tirem to old a d El^? It" f f '"«?nK>mtion for^L"!! bequeathed or eoIlLedtTrfvth^sa^Tp 'f P^-pP^'-ty given, Nova-Scotia, for theVurLe ..fL. •i'^'l^'^''^J^*«""» ^'^"rch of theineor^.tiorcJX^lYd^id'^^t^^^^^^^^^ for^the purposes aforesaid, it is fit J^^t^, ^2^ MckkyVit-^SZfif^^^^ the reverend John Dickie, W Cn. Joh^'D cCr^^ ^mith. Aim esquires, and the rcvercnd Tnli.; P 1^,,*°** ^1"*''°"^ McLellan, derator 'and cork of the S"!^*!;^^^^ the mo^ board being duly nominatecUv sS"? , '1 *^« *'»«. b«"'g-the said clerk to i>eK..oS:r;::^^^j:^^Su^^^^^^ «on or persons as shall be hereafter ^^^^:r^S OF NOVA-SCOTIA. by said synod aa hereinafter provided, and their successors shall be and are hereby appointed, a body politic and corporate, in deed and in nanie, bv the name of "the educational board of the Pres- byterian church of Nova-Scotia," and by that name shall have succession forever, and have a common seal, and by that name shall and may sue and be sued, plead and be impleaded at law and m equity and m all courts and places, and be able and capable to have, hold, purchase, get, receive, take, possess and enjoy lands, houses, tenements, hereditaments and rents in fee simple or other' wise; and also goods, chattels, and all other things, real, personal and mixed; and also to give, grant, sell, let, assign or convey the same, or any part thereof, and to do and execute all other things in and about the same as shall or maybe thought necessary or proper : and also to put out and invest the funds and monies, Viow held and enjoyed by said educational board to and for the purposes aforesaid, upon mortgage upon houses or lands in the said province of Nova-Scotia, or m the public funds of said province, in such sums and at such rates of interest ns to said board may appear ex- pdient and to collect the interest due thereon, and to call in col- &1i?.?;^'V° ''7''V^' '''^ ^"°^'' ^^ «"y P^'-t thereof, md to have all the efficient and necessary powers for the due and faithful management of said funds; and also shall have, from time to time and at all tmies full power and authority to constitute, make and establish such bye-laws, rules and ordinances, and at any future time to alter and change the same, as may be thought necessary tor the rule and good government of said board— declaring the ex- tent, duration and authority of the members of the said board— their mode of appointment by the said synod, and for promoting the objects and purposes of said board; provided always that such bye-laws, rules and ordinances be submitted to, and be approved of by the said synod,, and also be not contradictory or repugnant U> the laws or statutes of this province, or of those in force within the Z^^A ""l ^ *hf FfJ'^ions hereof; and provided also that the said Proviso board shall not hold at any time lands, tenements, houses, heredi- taments and rents, goods, chattels, property or effects of greater value than twenty, thousand pounds. s ^^wr iJ'lJ^A *r 'Z^'n ^''l"^'*^ following, to wit : a bequest from B«,uen. fw,m a the late Andrew McCara, esquire, of Rogers' Hill, in the county MXt.^^; of Pictou, and another bequest from the widow of the late reverend '" '^'• Alexander Dick, of Shubenacaxlie, in the county of Hants, and the funds in the power of and under the control of the said synod entitled the theological professorship fund," shall be, and hereby are de- clared to be, vested in the said incorporated board, to an'd for the purposes aforesaid : provided always, nevertheless, that if at any Provuo time the said presbyterjan church of Nova Scotia, Whether the said Jni^.. w ?T.^'," ^^^ Pu'''°* appellation or assume another, shall cease to hp orthotlox, or her constitutions and standards as received by^the said church and exhibited and explained in the basis or ar- ti.i«. 01 union formed and agreed to in the year of our Lord one 4k % 42 Truvisii. I*rovis I ! J* '■"•■i nation oi r/Uiiri|. Proviso. Rtmoval, lesig. imticiii, A;e. of nit'iubers. DiUyorijour.!. PllIVATE AND LOCAL ACTS ;« t::;:irtSiS:l^^s^ - changed „« said funds or any other Sa to hT^^^^^ "'^^ ''''' t^en the or collected, andVeS rl^'^^d t^^^^^^ obtained said, shall become alienated and sh«llT ? V'P°'^« ^^'''^^^ purposes of education ^ the ^s atu elnl^if '' f' ^'^'''^ and provided always that sLnM 1^1 '• i ,^ ^^'^ province : xNovi .Scotia at any t?me unite wit^„^^P'''^^*f^^■"^ '^^''^ «f bodies of clnistiansf thHaid unJsshdfLT^ ^y' or united body on such ternral rnl >1 ^'"n *^® ^'"^^'^y ^^ the contracting^partLsfpSraa th"at"n^^^^^^ ^"^-^ *^° church of xNova Scotia, as exhibited^ thLl.Vl '^^IP^^^byterian as aforesaid, in government Zlwll!??*'!?^ or basis of union hereby Jeclaredrbe^The tme S^^^^^^ '^'" ^ ""^ ^'^ fun.ls and property, k^Se^er t!t,l W ^^"'^ longing to sLLS. anruppTteilTror for "''''^ '''' '' ^'■ the trust funds then held anTenJo^^Xfr ?h^e JS?^^^ ^vheihe'itlll, "tat ir^tSS"*""?, ?"^^^ ^^ ^^^ Scotia, shall continue to be orthodox or L^^'"^?"" ^^ ""'""^^ *°other received bv thrsald cWb' «n^ ??"?titution and standards as basis or ales of union fmi^^^^ f ^ ^IP'«^°«^ ^° th« Lord one thousand ei" ht hunZ5 a ^^'"'^ ^'^ '° ^^e year of our •so ehanged as tole^o^m': reSu^ iS^^^^^^ are, and so long as no union hn<, W« 7 i? ,^"^* *hey now terian church of Nova Scotia xv^fb Tf ^^ *^" ««^^ Pre%- bodies of christians the nfembp;«.f .».»{ other orthodox body or nated and appo S bv saTd svL '*'? ^^'^ '^" ^ ^"^J^ "o^'i" jo be electeJ'.^a -leLTliYt^d^'unirr^^^^^^ provi,]ed always that thSL! *'5"^ a member thereof: and the said board shall at anvt^n,'. T /ru*^'"' ^^""^ ""^ "ember of an..ge„o.U„„ overtook and rer;^!^^^.^^^ [Lii. D chauged as re, then the ed, obtained poses afore- the general d province : n church of 3X body, or pertjr of the i on by the ent shall be said funds, >, that if at take place, church of nod which esbyterian is of union I be and is Bf the said in, or be- ly part of irposes as 'a Scotia, another, idards as !d in the ir of our t become hey now presby- body or y nomi- eligible time in Scotia, )f: and for the 1 board, emove, he said Qber of seat or JOf me, as le said same, to the AnmiMl ip|>i,rt. OP NOVA-SCOTIA. care of said board, and to exercise a watchful supervision over the condition and value of the securities held by sS Znl Z rin ' r'^"^ ""^ ^^'^''y °^ '^" ^g«"t« employe,! by tl itr the collection and management of said funds, or any part SeoT and tha any three of such board shall form a <,uorum ^ ' svnod t/Z'^ ' ^" ^ T"^"^ "^'^^ ^y «'"'» t'««rd to the said synod, of the progress and state of the said funds, an abstract o f he securities held by the said board, and of the prin ipa an 1 te Tfl^^'boTnl'"' "^ '^'"^ respectively, and generally ^of the aSSrs legl'latu?eTthZrnvir!;!f rL'^'" '"'' ^ ^^"^^••"^^ t« V^'^^ the a..,..-. ,. legislature ot this province to have any concern, share or interest in '""";;' '^ '»">' the said board, or to give the said board or Presbyterian bod vlv ■"""■"^' '•^""•' claim of any sort or kind upon the treasury or government of S province, It being the true intent and meaning oHhLTct tint le ana without the pledge or promise of any aid or grant from flio legislature of tbs province, by reason of the passingTf this act 43 AN ACT TO INCORPORATE THE HALIFAX ASSOCIATION IN AID OF lav. h « THE COLONIAL CHURCH SOCIETY. '3 ^ - , ch«p. 38. Passed 28lh March, 1850. Jia- lion in aid of the iMlonial clmiTli siiriety, iiK'oi'|>o- nitwl. that" is t L''-'^'^^S%^'^^'\l^%^''r ^^''^'■"^fter named na,i..„... iTl rP ^^y -^ ^r^ Fitzgerald Uniacke, John W Ritohip " ' ' ' James G. A. Creighton, William Howe, Henry Ince Thomas thesocTeril'" m^^^^^^ P^'^^"^. «^ "- - "-btTf chuXsS -and tb.? "" ««sociation, in aid of the colonial cnurcn society, and their successors, are hereby createi' a hn,]^ corporate by the name of "the Halifax association fnaM of the colonial church society " and by that name shall W success in and a common seal, and by that name may sue and be sued and may purchase, take and hold real and personal estate and mav W mrt Z3 ""'a'^T^ "^^"-^S^ ^»e deem proper ' '"'"'' """'■ *™ "« 'he society may FeLe„l':oSr'^XjlV,''' °""' "/r"""™'. vi™- the president, vfce-^Stl i,! ,?'''''''"' '■"" ™""'"°« "o »» present, be ng not lea* thnn t.rn,>* "^ ''^ l n»yontjr ot the members laws to^be f de^ii t".!;:r :^^^^^^^^^ *« ^^« »>^e- benefit of the society and ?£.'/' "- P^'""".^"^"* f«nd for the to account to th^Strfl all T'^^'T '""^^"'^ '^^^^ »>« ''ound and to make aLnuTre^^^^^^^^ receipts and expenditures, the progress and stTf th V^ etTat^^ ^ |^^ f^-^^ meeting, of 8. A general meeting of Ssodetv sha I h^^''S ^'"''""^• year, and as much oftener as mL fS J . i T ^^^^ *'''°« '» each law of the society "^ ^ '*''^'*^^ ^^ «°y ''"le or bye- 9. The executive committee shall meet an nf^n oo *i, be oco.s,„„, and any five of its memte« ^Sy"?.™ a ,1™? ""^ •■ ........... AH .„ TO IKCOBPOMTB THE .loCESiN C»n»CH SOCIBtV 0, NOVA-PCOTIA. "'^v.ijsrir OF Mnmes of mem- bers incorpora- le.1. Passed Slst Marcli, 1861. is to saf t£ btClft^eliSteTrt '^^^^^^ T^' ^''^^ ble archdeacon Willis thrreveTLFJ?^^ ^T,%^'"g' *»»« venera- rend Edwin Gilpin the hono^Kr« ^ ^^''^^^^^ V'^''^"''^' *^« ''e^'e- B. Bliss, CharlerR. pLscotrS Halliburton, William Morris, John W. Ritchie KiTf^-^^^^^^ ^"'^ ^''^'' ^P^'^ home, Henry Pryor and allZ-h n/h! ^^''"'''' ^^'^^^ Harts- .^e. ortheLiei^i^/^rdifchrhroc^roffi: OP NOVA-SCOTIA. Scotia,'' and their successors, shall be a body corooratP Kv i\,. name of the " diocesan church society of SscTa •' of «h Lh oornorauon the bishop of the diocese sLl be the president^^''^' 2. The corporation may hold real estate not exceeding nt «nv one time the annual value o'f twelve hundred founds and ?heren"s and profits arisn-g from such real estate shall be annlt 1 for*),! uses and purposes of the church or churches, or oP LouVo educational institutions connected with the church of EnSand ?n this province. The corporation shall have power f^om tfme to^me tosell such real estate and to purchase other real estate not to e"! ceed the value hereinbefore mentioned n>it,« .j,d such other offlLsTttLTe ^In^^rp^ir" S. The persons who now hold the omr ««°>«^"«>ty, known by the nSf the Wesleyan Methodist church in No4^Scotia/- under ine pas- 46 PniV.\TE AXD LOCAL ACTS toral care and direction of ministers of CnV ?^ith the yearly conference of Zl! i ^^^J s^^ord, in connection London Lee.l.( JJri.sto or lllSt" f'f T^"^}'"'' ^^'^ at certam deed poll, or instrumer™v ^"^'fH as known by a of the reverend John aSIv fo ^l vnf .""^T '^'' ^^"^ '^"^ s-^al clerk hearing date on or St tlLtul. '^.'r^,'""^S«' ^^^^rd, one thousand seven hundred" ndeiltf ^''^^'^^''^ "*" ^^^ruary m/jesty's high court of ollS-v fn ^o'j'T' ""'^.^"^^"ed in hf; M'xrch, in tire year l.st aforesn J ih "^''"* *^^ "'"t^^ ^^J of which church Jo in co mex.rtS/.n/"^"''''''' "'^'^ ^^'"^rs of by the rules and usages S, m *^ «''^g?verned and directed the conference. = "'' "*' sanctioned from time to time by ^r^^^^ *^-l exe^ise of effectual administration\-thT<^sSno of ff 't' ^t"T ^°^ "^^^e or part thereof occupied b v su • Im nlff ' 'i"'.'^' *^« r>'^''^^^^ n>ent sections called circuit^ an the c 'n '" ^'-'^"^ ^"^^ «°"^«- gations within each circuit,™"- i"''' T'^^'^^ and congre- yearunderthepastoraU e of i^'^i^r ^Yt ^''^ y^^^^o pointed to such circuit by or hV „,?.}?. T'% °{ ^^^ '"""'^ters ap- one of whom so appoint d^toealdcul 1^ fA' T^^^^"^^' ^^^ dent thereof; and in each of such cStVl'?'^ *^' superinten- time to time appointed, according fn!"L ''''y''''" P^^«°°« ^^^ from offices of circuit stewanls to 3 • "^ ' ^"'^ "'^S^«' *« t^e of such circuits ; a JcSat Zois ZT'V^' ^"^"^'^^ ^^^ ted or recognized, according to such r^? f"".'™' *° ^^"""^ Win- of chapels, or parsonage hocuses or bnwl? "*^ ""f^"'' ^' ^'•"stees of ttr^'nts: 7zz;:s^^^ f ^^« «'^- authority of the conference, and everTsuch '^'°"-'*- ^ *°«"*^«^ ^y « called a district, and a yearly 4eK of ff'' •"*•"'' °^ ''''^^^^ such district is held and called^thTdS 2pHn°''T^ ^" ^^^^^ business of which is generally nresidp, . I °^ ""^ ' the ters, who is called the SiZoUhZ^^^r'f *^« '"^"i^- superintendent of niissions therein Vn^' . t "'* ""^ *^« S^^^ral office by the conference ' ^""^ ""'^'^ ^^ appointed to hia JoytdlylreThirrfrh"^^^^ ^-^?- should be en- other property for the suppo t of^S^^^^^^ "/"^ lands and gation of christian knowSge and for th'^'^ '°^ ^'' *^« P^OP^ ging of funds and institSs for Ihfset^^^^^^^^ ^^ ^ana- and benevolent objects of the church ""^ ^'"'^ ^«%'o«s pertylatX^nlr;^ ^f^s and other pro- Sh^^-^^SS^ffi^^ --.ent« or devises KstXt T !?d tW^C OF >'OVA-f>CO'nA. 47 '^. churcli, some of which deeds or in,strun,eiit,s or dovi.es are defor-tiv. defecuyeness inconveniences have .risen, or are" liab e o rise 1 He Tn '' """'"^^; "'^^ '■" ^^- *"^»- to prevent ''' any cho^l 'l^^: 'i:S!'^£;7^"^^' ijoard of trustees of „ ,..._ other nrnn^J,,!;!!!"^ 'louse, hiinal ground, school-house, or "' •"■"'"«'> ""■ other property held m trust for the use and benefit of sncl '""'"" nr«*k ""^ Wesleyan niethodist chapel." or burial .nonnd t J- • ^^««^eyan niethodist ministers now eonstitntinrr ..n„ . such district meetiiio' on/l tVim.. »., i-(>n&tituting any iMsimi mccunga after by authoritvoniT 7 ^"ccessors, or who shall be here- '"-i-umuu. ..nT.i?'^ autnority ot the conference, constituted a district mcetin^r — - -Uistnct, as the case may be. ° to be hereafter ctstUred'br "\ ''T''}''^^y '^''"^^'^'^t^^' ^^ t,.u»u..„., tub,-.; f ,,1^^'^ constituted by virtue hereof, sha I be canabln nf ''"'J ""na-, &f. equity, and shall have and eLcise alE^ir;reis anTrJL? leges incident to a body corporate accordin Vn^fhn f , " province, any thing in th^e staLt^fc^ron/c Id heltut^^^^^^ I J-tings .Shall he.S;^W3S:!SS^SSS^ holding and possessing lands, teno.m^nt. »,n.;.. 1 f^^!. .^ °* ^^'''"g' '■"„,,, .Wni^kc ]inl,i;r,^„„j v'tujici u« consututea, snail be capable of takinfr "'«» i-'iawish hold ng and possessing lands, tenements monies nn,l E ^' '"""?• """ """ for the uap qnil Konofu «f 'f"\"'*^"^») monies and other property, f Ku'ations for lui me use aiia benefit of such church in connexion x^hh iV.i „ ^ ""^ir manage- BmsmBm" 46 ^ District cimirman to appoint triinU'ia "f prup-ji-ty whiTf provision not miirii! for tlitir ap- pointment, or on vacancy. Powers, Ac. of trustees and dis- trict nie«tin(it8 to be In accordance with rules of con- ference. Trustees ofland to keep a record book. PWVATJi: AND LOCAL ACTS from time to tiiuo to iimko laws and reirulations for the Hup m* nagement of such funds and institutions n?t at variance with tSe Z. of th 8 province • and of sueing and being sued in an/of her ma jeBty's courts of law or ecjuityfand shalllmve and exercLc alHhe Z'TeZVS X'^^^''-^^^^' '"''•^^ *« abodycoVorat" cord^n^^ to the Jaws of this province, anything in the statutes of mortmain T^ mr -^ '' '"^'"^^ *«> ''""''''y "otwithsLdtg r^vLJ. "' *?^ ''"^.^ ''">' '''"^«' tenements, monies or other property, or any right or interest therein, or use thereof shall have been given or conveyed, or intended to b^ conveyed or shaH here- after be given or convoyed or intended to be given or inveved bv grant or dev.se, or otherwise, in trust for the useand berfitTsucJ pn.7- *i, . ® ^^^ *"® appointment of trustees, or of succes- sors in the trust, or such provisions have been or shaU l^ mS m are not m a<;cordance with such rules and usages or a "a^nc^ or vacancies in the trust shall have been or hall blTc^^ sioned by death or otherwise, which vacancy or vacancJs Si not have been or be duly filled by the ap^tmeTof 1 sue cessor or successors before the passing of tWs ac? in any such case now existing the superintendent^f the d^u t TwS X en^ theTtt Th '*^' ^T^^ ^-'^ * ^'^' -^-« -' «^S months nftprfl, "¥'™^° .of the district shall, within twelve Snl sLTi i' P""''"^ '^ '^'' .^*' *"*^ ''^ «"y «««'» case hereaftir tmlt or nf '^^'^ "" convenient, cause the%equi8ite number of trustees, or of successors to the former trustees^ to be duly ap- pointed according to such rules and usages, and the tVusteeJand their successors so duly appointed, and their ^ucceiorforTtime trustees of ?hfr''. '^"'^ "P?"'?^*^' '^'^^ ^ '^' proper anZS tKhf^^I^' ir*" respectively, and shall have and exercisraU aJcordln^rl^ r ''f P"''''^^' P^'^'^^^g *« such trustees S 3^ u-"u^' ""'^ "fS^"' ^'^^ ^>t'» the corporate privileges ottr^strrthifacT "'^'^"•^' °^ ''' ^'''^^'^^^ '^ -^-^! 6. The trustees and district meetings hereby incornorated nr authorized to be hereafter incorporated, fnd thei^ succeS shaU hold and exercise the right, powers and privileges connS S their respective trusts, in accordance with the rules rdlslies c^Xe^e *' '"' '^'^ " "^''^^^ ^y' - 'y "^faority "SX 7. The trustees of any land held, or to be hereafter held for «. tTL'i ^T/ P'r?^" ^^"«^' ^'^ ^°™' ground, rschtl house or other buildmg for the use of such churchTor an; portion thereof 11 to tf ^ ^^ '^r'''^'' ^" ^^''^ «^^" he duly enter Jd,S ding to the rules and usages, the appointment of any rucVe^sw or successoi^m the trust, and the person or persons soTpSted shall be entitled, m conjunction with the then survivin^or remaining rustees, to hold and possess the lands and all Sppurnrce? thereof, without any deed of conveyance or assignment beb^Se OP NOVA-SCOTIA. 49 to them, and the production of such entry in the book of record ,. , , . or aduly authenticated copy thereof, shal/be sufficient evdcTc of "'-" '■ "^:i:' "" the appointment of such successor or successors in anJ , U " " '" majesty 8 courts of law or of ec,uity, and of his or their L ss a tlrfl'"'*""^^*' and privileges-'with the othertrustec Vo , time of the appointment of such successor or successors c.n ct vc v lafA"r n^f '"'■ \'^' ^''' ^'" ""J t^«t«'"«"t of Elijah^ Ws,; late of Horton, m this province, yeoman, the sum of tl.ee nu .Ire d Funds was given and bequeathea to the stewards of eVvWnn nie^hochst society and their successors, to be b^ o, n l i ,u goo*^°^«"«^> .e'-g^ni^ed in the province, then all the '■■":<^^'^:^:^:!:r rignta, powers and privileges, by this act granted to the district :"-"";'■."• '•'.-^- rneeting or district meetings, shall be thenceforward ves ed in 1 e montrr ""t^ '^"" ^' '' ^••g^"'''^^^' ^"'^ tl'« lands, en men monies, or other property at such time held by the district mS this n ovtoTf °^.k'^'" '^'"^^ '^' property of the conference n this province, for the same use and benefit for which thev shall have beea previously received and held by the dis rict meetm' or district meetings, under the authority andVovisions of This act t^^^coiSi^irs^Lt^^^^^^^^ '- -^'^ - --'^^ . 11. The annual value of lands held by any board of trnstPoc . incorporated hereunder shall not exceed at any tTme the m of ^^ ''''"' sixty pounds, exclusive of lands and premises held flc Inne s mr sonage grounds and burial grounds. ^ ^ sha'lfnot^xcertSfsumTnnpTy?' ^'^^ by any district meetings ....m,,,..,,, o.iaii uui exceea tne sum ot one thousand pounds. "*' ""Hti.iKs. irf. Chapter eighty-seven of the revised laws passed .luring iha present session, shall not refer to this act ' ^ ''"'•'"greacher for the time being ^ 4. As vacancies in the s.ud trust shall arise by death resi-^na- v , • t.on of office, or by n.v <■ trustees ceasing to be a e Sr f '"^""'" """""• such society, every vacancy shall be supplied by tl^cl le of a now trustee, to be „..de by the continuing Tvlid sur^ivi.^ r" ec or the major pan of them, and to be entered in the minutes of tl^ KSt-Tf : ''" ""^ ^''"f '^ ^ ^^P* '" P-P- books to bpt Vided for tl a purpose ; and when and so often as a choice of a .c w trustee shall 1k> made, the said continuing or surviving trus co. ^ r the majonty of_- them, shall make, sign and seal n Stunt t de clanng such choice, and the party chosen shall also e'Tute 1 same in proof of h.s acceptance of the office of trustee, -rS such instrument shall be m the form set forth in the schedule Bt<> lis act annexed, and shall bo registered on the oath of ihc subscribi, ' witness thereto in the books of registry at JIalifax. nd upo s5 ■eg. try being made tho new trustee shall become a memlSr of the office.'' " ^ '"""^ '' "' ^' ""'''' "'^"'^'^ •» ^'"^ ««t\o thtt sin'^ularYhT kndi"Tpr^H-f '^ '^!'' *^? P"'«'"° "*" '^"' '"''^ "" «"d Pro,,..,- ....... singular the lands, hereditaments and premises described in fi,« """'"^ »«<'" said schedule A to this a.t annexed, and^heirresp^rve ^^^^^^ '""" minces and the rents, issues, profits and benefits thereof and .11 the estate, right title, interest, use, trust, inheritance Ipery clajm and demand whatsoever, both in law and in equity of the sS severa persons or trustees named in the said seveml indentuiVs n the said schedule A mentioned, and of the survivors of any ortl" said persons or trustees, and of the several or respectivfheirs or assigns of tiie said persons or trustees respectively who are sfnco deceased, whomsoever and whfirfi«o«r«r • .Ja.iJI 1 ^.^^^ '*'"^*' J o-_ „„,„ i^ciomio ur uusiees respectively who an deceased, whomsoever and wheresoever ; and also all monies, Conveyanci' of property lo tni tees. Trustees m;iy sue hikI be sue I. PRIVATE AND LOCAL ACTS chattel and personal estate whatsoever held by the tniBtees in the said several indentures named, or the survivors of them, or by the present trustees of the said society; and further, all securities for nionoy or other obligatory instruments, evidences or muniments, and all rights or claims belonging to or had by the said congrega- tion or society or any trustee thereof or therefor, shall be and be- come absolute y the property of the said trustees in and by this act appointed, and shall be and become vested in them as and for the same estate and interest as the trustees named in the said inden- tures, or the survivors of them, or the heirs or assigns of the trus- tees who have died or ceased to be trustees, or the present trus- tees ot he said society had or have, or were, or now are entitled te have therein, and without any assignments, deeds or conveyan- ces whatsover to be made thereof: and after the death of any of the trustees by this act appointed, or any other vacancy occurring m the said board of trustees hereby established, shall vest in tht succeeding trustees for the time being, respectively, chosen to fill such vacancies m conjunction with the continuing trustees, without any deed, conveyance or assignment made or required to be made by the heirs of any trustees so dying, or by any trustee so resign- ing, or by the continuing trustees or any of them, on any or either of the occasions aforesaid. 'J' * """^^ (!. The surviving trustees named in the before recited inden- tures shall, and they are hereby authorized, at the request of the irribl « T r: ^"^ 'i^^^^'i^ ^^o'^vey a" and singullr the lands m the said indentures described unto the trustees hereby appointed, with their appurtenances, m fee simple. «l.Ji J\^''\^^''^^^^ hereby appointed, and their successors, shall be and are hereby authorized and empowered, in their name of office, to bring or defend, or cause to be brought or defended, any action, suit or prosecution, criminal as well as civil, in law or S5'.i'"" ""^ w ^^'^^^^"'"g the lands, real or personal estate, debts, claims, rights and property, of the said trustees, or of the sa,d society at Halifax ; and the same estate and properfy shall wiien necessary m every such proceeding, be stated to be the pro- perty of the said trustees, bytheir name Sf office, herein given and established, and the said trustees, bytheir said name of office shall and may m all cases concerning the respective lands in the schedule A descnbed, or other real or personal estate, to be vested in them deb s claims, rights and property, of the said board of trustees, o^ o the said society whatsoever, sue an^ be sued, implead and be m- pleaded as trustees, by their said official deLgnation. And no such suit, action or prosecution, shall be discontinued or abate by the death of any such trustee, or his ceasing to be such trustee bu^ sha 1 and may be proceeded in by the board of trustees, for the time being, any law, usage or custom, to the contrary notwith! s anding ; and the trustees for the time being shall pa/or reSve d e like monies, costs and expenses, as if the action or siit had been prosecuted by individuals, and for the benefit of, or to bTrS bursed from, the trust funds of the said society ' "' '" "® ^^^^' OF NOVA-SCOTIA. 53 hpiL fii."rK^ ""^^ '*^^"' ^^" '^'' ^''^^^^^ f«r the time Trust.. »an.ur. being, appointed by or in pursuance of this act, or the inaior cart -^"""^ ^"'•'^•"y- of them and they are hereby empoAvered, in their several naines, and under heir designation of " the trustees for the society of methodists m Ha, fax," to contract for and purchase, or in any mode acquire or obtain, either in fee simple, or for any life or lives or term or terms of years, for the benefit or purposes of the said society, any messuages, lands, tenements, buildings or heredita- ments, whatsoever, m this province, and to take and receive the necessary and legal conveyances, leases, deeds, assignments or ^ivirrr t^«''««f/e«Pe<^tively, to hold for, upon: under and subject to, the uses and purposes in this act mentioned. uL ? t ''•^^ ™'^ ^oMn\ for the said trustees for the time Trustee may.,. being, or the major part of them, and they are hereby authorized IrTv''^'^'' ^"'^ and empowered to grant, sell, exchange, Mortgage, lease, convey or dispose of, to such person or persons as they may think proper, and for such prices, sums, rents or terms, as shall be agreed upon as well all or any part of the said lands, hereditaments and premises described m the severa indentures or any of them in the schedule A mentioned, as also all or any part of any other lands and here- ditaments hereafter to be conveyed to, or held by the said trustees tor the time being, and all or any of the personal estate and property ot the said trustees or society for the time being, and to such ex- tent and in such proportions, and at such times as the trustees for the time being shall think proper to exchange, sell, mortgage, lease, convey or dispose of the same : and every such deed, mortgage lease or conveyance thereof, executed by the trustees for the time being, m their name of office aforesaid, and signed by them re- spectively, or by the major part of them, shall be sufficient and valid m law to convey to the grantee, mortgagee, lessee or purchaser, or grantees, mortgagees, lessees or purchasers respectively, either in F'petuity or by way of mortgage or of lease for years or otherwise, as the case may be, all such estate, title and interest therein, as the said trustees or the said society nov have or are entitled to or hero- after may have, hold or be entitled unto, into or out of any such real estate or property whatsoever now held or hereafter to be obtained so granted, mortgaged, leased or disposed of; or as the said trus- tees for the time being, on behalf of the society, may desire or de- sign by such deed, mortgage, lease or conveyance respecUvely, to vest in the grantee, mortgagee or lessee, named therein which are in the annexed schedule A described, and in the deeds 1™»' "'»'"'»''«'» there referred to contained, or which shall or may hereafter be pur- chased and conveyed to the said trustees for the use of the said society, and every part and parcel thereof, with the several and respective appurtenances thereto belonging, and all personal estate, monies and effects aforesaid, shall at all times hereafter be taken! held, possessed and enjoyed, by the trustees for the time being' under this act, upon special trust and confidence, and to the intent 54 PRIVATE AND LOCAL ACTS 1 b^fnf do ?nH !S.'i?Tr^ ?f ^'''"^ ^•^ *^« *^"«t«^« for the time oemg, do and shall take, hold, possess, apply and disoose of the same and every part thereof, forThe us^ benefit and aXantago of chani n °'''*^/^ T^'^^'i' ""^ «^"f^^' '^"^ for the sites of he Fo..e,.r..et, &of tL"^:fS"L T'^K ^^ff^' '^ ^^ '"'"^^^''s for the time Of metho""^1 <^^'s holy word, and upon this further trust and confidence, that the said 2 eS T»ir/- ''*".*"' 'f 'r^J'^'' '^''^'' «hall, suycct's aforesaid, at all times hereafter, be held in trust for the benefit of the several persons belonging to the society or congreSon h Hahtax, connected with, and under the direction of thSa^^^^^^^ ir nunistcrs appointed by the said conference for ever ^ 11. Ihe receipts of the said trustees shall be good and sufficient discharges for all monies paid to them, for, or on'aecount of anyX trust funds or property aforesaid, and the party paying shaU Yn no case be obliged to see to the application thereof, U s4ll tl e trus- abfo forZT^^'^ '"f ''^''^ ^"* eachof th^m slX an^ ^ . able for his own acta and receipts : nor shall any trustee be in an v wise answerable or liable forany loss or deficiency of tie trusfuS or property, or profits to arise therefrom, unless the same arise rom his own wilful misconduct or neglect and each and every of oxlnl^-' «hall retain, be paid and allowed, all costs, charges and expenses, incurred in and about the trust aforesaid ^ Receli)lsoftrus ltC3. OP NOVA-SCOTIA. 55 ptrt.N btlonjjing i., iiH'!ho*'•>'-"'»«"'" "• orSt TbouSf' '^;."^ ^"'™ FormanTn:w d'isS: 01 saia to^^n, bounded on the north by Mr. Belcher's estate and ofTuET^ '7T^-'''' ^"'' ^"^ ^ ^'^^' - *he west by pa on trso^tl h'"?!^''" Measuring thirty-nine feet three inches, on the south by lot number five, and there measuring thirteen anlT '^''f\^y^otnnmhev five, and there measurin^fotyfeet «n,1 n \ if ' ^f ^'* number ten, and there measuring fifty-eTght feet and a half, and measuring in front on Argyle strel se^ventynine wgt (.ay of May one thousand seven hundred and ninety-two T r^t^^^f^^^'^'Tt^' ^^i"'"-^' to Alls SamuerSdlon tb pT'?™' ^'f^^' >«dei^on, Peter Smith and oamue bellon, their heirs and assigns, n trust for the benpfit nf the society of people called methodists at Hal fo^as bj t^^^^^^^^ deed, duly registered at Halifax on the twenty-sixth day of June ap^ar ^''' '"' *^'"''"'^ ''"'" hundred and ninety-two ^m Secondly.-A certein lot of land, situate near Cornwallis fort ZV^ T^ ^'™'^^' ^"."""^^^' «*>'d part bei"g bo3 on the north by the street on the south by the old burying ground on the west by Richard Cleary's lot, and on the east by^th? street .t he shed barm^ks, measuring one hundred and sixteen feet n filt w aH ^^^t'f «^d t^^ty feet in depth, which land was by deed dated the fifth day of May, one thousand s^ven hundred aS niety eight, conveyed by William Gorkum and Mary his wife, to Alex- a^d'r.t'^^T"' ^T^^Sejlon, Burrows Davis, Thomas Cowd'll and George Leizer, their heirs and assigns, and by another deed dated the twentv-afivfii.tli ^axr nf v^v.^,,^' _• i...'' """"'^r ueea, dated .heW„t,.eve„.h dYoFieb^S;; eighteTnTird IX een, was ... ^„^ ^^^^^ »TJiiium uorKum and wite in ^ust for the benefit of the society of people called methodSs' a" Halifax and to be occupied as a burial ground for them, .^by the said deeds, duly registered at Hahfaxon the tenth dayof MaTone thousand seven hundred and ninety-eight, and on the thirteenYh dav inird.--All that certain lot or piece of land, situate in Halifax aforesaid, known and described as lot number four n Forman-s mTv tlT' ^''f ^l T^^^i' ^y ^""^ ^^^ '^' fourth Say of May, one thousand eight huudred and four, was conveyed by Wii- Peter si?h ^^f^"^^'' ^f'^'""' ^""«^« ^^«^i«' SaSle Ion, Peter bmith and Georee Leizer. th^ir hpira or^ L.]^„ • '.' for the use and benefit of the society of th^people cSS meSiS 56 Certificate of ap' pointmentoftrus' tees. I PRIVATE AND LOCAL ACTS at Halifax as by the said deed, duly registered at Halifax on the third day of September, one thousand eight hundred and four will appear. ' Fourth.— All that certain piece or parcel of land fronting on Grafton street, in the town of Halifax, measuring thirty-six feet in tront and thirty-six feet in d^pth, being the southern part of lot number five, letter C in Forman's new division of the town of Halifax, formerly purchased by Robert Chisholm from Phillip Kuhn, the said piece or parcel of land being the whole of said lot excepting four feet in front, and running the whole depth of the northern part thereof, reserved by the said David Chisholm for his own use, which said lot of land was, by deed dated the fifteenth day ?! AP*");'?'?^ thousand eight hundred and eighteen, conveyed by David Chisholm and Margaret Ann his wife to Alexander Ander- son, Samuel Sellon, the reverend William Black, John Jost, George Nock, Hugh Bell, Charles Loveland and Martin Gay Bla^k, their heirs and assigns, in trust for the benefit of the society of Mople called methodists, at Halifax, as by the said deed, duly registered at Halifax on the sixteenth day of April, one thousand eight hun- dred and eighteen, will appear. ' Schedule B referred to in the preceding act. Know all men by these presents that we [names ofcontinning' trustees] a\l of Halifax, the present members of the board of trus- tees of the methodist society at Halifax, constituted by the act of the general assembly of Nova Scotia, passed in the second year of the reign of his majesty king William the fourth, and entitled, an act concerning the property of the methodist society at Halifax having this day met together in Halifax, for the choice of a new trustee, in the room of [name of trustee whose seat is vacant] whose [death, resignation or other cause] has occasioned a vacancy m the said trust did, pursuant to the powers and directions by the said act given, duly, by a majority of votes of us the present trus- tees, choose and elect [name of party chosen, his residence and desigimtion] being a member of the society of methodists at Malitax, to be one of the board of nine trustees in and by the said a«t established, and the said [name of new trustee] having ac- cepted the office and consented to act as one of the said board, as by his hand and seal to these presents subscribed and set is siini- lied, we the said continuing trustees, do hereby elect, nominate, constitute and appoint, him the said [name] so long as he shall continue a member of the said society at Halifax, to be a member ot the trust aforesaid, and one of the statute trustees of the metho- dist society at Halifax, with full power and authority to have, use and exercise, in conjunction with the other trustees for the time being all the trusts, powers, rights, privileges and authorities, and to fulfill and discharge all the duties which in and by the said act are or mnj be discharged, used or exercised, by the said board of I OF NOVA-SCOTIA. trastees, pursuant to the eaid statute. In witness whereof, we and the said newly elected trustee, have hereto our hands andseab subscribed and set, at Halifax, this day of in the year of our Lord one thousand eight hundred and . Signed and sealed in ^ the presence of us ^ 57 AN ACT TO VEST CERTAIN LANDS BELONGING TO THE CONGREQA- « Vic, chap 43 TION OP THE PRESBYTERIAN CHURCH IN CORNWALLIS, IN TRut TEES, AND TO ENABLE THEM TO DISPOSE OF THE SAME, AND TO PURCHASE OTHERS IN THEIR STEAD. Passed 29th Marcb, 1843. f.J!^T^ the glebe or lands now in the possession of the presby- p,.„„,„e tenan congregation m Comwallis, in king's county, were pufchas^i by the original proprietors of the house of divine worship^t Corn- wallis as aforesaid, m which the reverend George Struthers at present officiates, from Samuel WiUoughby, esquirf, of cTrnwallis r fift!^T*.' ""^/r ^y ^"^ ^^'^^^y^ by ^^ bearing S the fifteenth day of January, one thousand seven hundr^ and e^ghty-seven, to John WWdden. Elkana Morton, and John Beck- with, the younger and their heirs, in trust, for the first dissenting congregation as then called, assembling in said house of worshkf for the use of their pastor for the time iJing ; and the said origS trustees having since died, and their heire being numerous Ind man^r of them having left the county, and sole of them the ^^'^' T ^ ^i Presbyterian congregation having erected a parsonage house, and other buildings thfreon, are desirous of securing and converting the said lands and premises to the purpose for which they were purchased. purpose 1. Be it eftacied, ^c, That from time to time and at anxr n time after the passing of this act, if shall and IyK?„l tZ ^---'l'. ^te?/?"""" '^r^ or congregation, in Cornwallis, assembling ^^'^^' "' in the said house of worship, in which the said reverend GeorJ f Sl^r/^'' ns who Ty be required to make, project, and erect the same-tl.e lowest if which tenders shall fix and ascertain such amount ; a^d suchtus eesshal cause such specification, and the signatures thereto, and such tenders, from the highest to the lowest, to be copied int;> the book kept for the purpose mentioned in the secufld section of this 4. Such trustees shall and may enter into contracts or agree- nients, upon such tenders made as aforesaid, for making such «- Jr?rnnnTr""T' ^^'f^^r^' ^nlargemente or enclosures upon or around the said meeting house, and the said lands whereon the same stands ; and when and so soon .« the expense of making any repairs, ornamentings, alterations, enlargemente or enclosures upoj or around the s..d meeting house shall have been aacertai^ K said trustees shall apportion the same by a just and equal asL^ ment, according to their discretion and L a^ilityTuieTropS" on the several pews of the said meeting house aJd accoSZthe relative size and value of the said pews, and such assessment shall be made m writing and be submitted to the inspection of any of the propnetore who may require to inspect and examine the same. thprpnf «^ii Z .^^^"^^^^ ?^'*" ^""^^ ^"^ «»«de. due notice tZ^l ^ ^r"" ^y P"**^°S "? ^"^ continuing a true and correct copy of such assessment on tie door of the L'd meeting shaTJ'L h''' '"'r^'"^ ^"u"*^*^^' ^"""« ""^'^ divine wo3 shall be held m such meeting house, and such assessment shall b^ tZltTent^' ""''' ''' *^^ '^^ '^ ^^ ^^' -tion of 6. If after such pubh'c notice so given and continued of such rr„wV'f., '^'^' T proprietor or proprietors shall refuse or neglect for the spa^e of one month to pay the sum rated 3 assessed upon the pew or pews in or to whic-fa such proprStor or proprietors shall or may be interested or entitled, it shall and may he lawful for the said trustees, by notice given by putting up anJ continuing a wntten notice on the door of the Jd meetig lotTBe OP NOVA-SCOnA. to XrZTL f"^' ''^'^ ^'"'"^ ^«"*»'P '^^^^ ^ »'^'-^- -tt the other all the dude S in and T^l^'^^J, ""^ '' '^"^^^ '^"'^ ^^^^^arge and falfilled Vlhe^Sd tltCt^^^^^^^^^ ILT''^^'' seals the — day of -f^ 1^7' ^'''T^" f * •^"'' ^'^"'^^ »"'! eight hundred and fortT ^'''' ''^ ''"'' ^""''^ ^'^^^ t^"'"««"'' {Signed, sealed and (lelivered ) in presence of [ Passed 29th Mnrcli, 1844. Nothing in tlie net 7?e »/ pnnptprl .€•« rni . ».t,^^-[;t' an act ; sseT^l tt sesst "nf ""'"^'^ *^^'"J ''^"^^^'^ '^^ o".er™„j.t.,.c. ^et to authorize the XrelSn rff ^T^ '?''"^'^' ^"t^*'^"^' "^^ Mgetown to raLe n^oTfr^^^^^^^ ofl ?'* T"^- ^'T '' tend to affect alter limjrnr !i f J ^'^^^V^ /^ ^e construed to ex- 7 Vic, chap. 0. Trusteea to I)o"np. ixiintcd to taki,' ••liaiyeoftlie •■hureh and bury, •iig Ki'ound. I ''^uZnVrlT^'''^ '^^ CONGREOATION OF THE BAPTIST Ii\a THP SAM.. !xr CMURCH, AND CEMETKRY ADJOI.N- INa THE .AME, A^D TO ENCLOSE AND ORNAMENT lUE SAME. I'lisscd 29th March, 1844. =£r and OP NOVA-SCOTIA, !irnffln-T^"*? '" ""^^t^^^ reverend Edward Manning at pre- sent officiates, at any public meeting of said congrcg-ation wheVoof due notice shall have been given to'snch congregation in he Se said house of worship, during the time that the said house ha 1 1^ open for divine service on the two Sundays previous to uch "e ! ting, to nominate and appoint, by vote of the majority of the sill congregation present at such meeting, three fit and p W pS-so^s as trustees to take charge of the said house of worshKXf the adjoining cemetery, called the Canard burial ground ^ -. It shall and may be lawful for the said con!T^e.ration unon due notice being given as aforesaid, whenever tht my thinkTt necessary at any public meeting so' called as aforesaTd'^to fill up any vacancy that may have been made in said trust, by death re- signation, or otherwise, or may, if they think proper remove nnv one or more of said trustees fVom the office of ^saiKt and an^ pcnnt others in their place, and the same power and auVorHyTf the former trustees shall vest in the succeeding trustee or tru [ees for all purposes intended by this act. 3. The said trustees shall be, and they are hereby respectivelv authorized to take charge of the said liJuse of worfhi>, S tS hey sha 1 and may have full power and authority to enebse a cer tain part or portion of the public parade ground adjlinc sS mee mg house, and protect and enclose said house of wo sL bl crectmg a fence or wall around the same-the said fenle or wS nouo extend further than two rods from the ^fllrhirof «nl^?"°^ •'"'*''• '¥" ^V® ^"" P^^^^er and authority to build up and keep m repair the walls or fences so enclosing said house of ^vprship and to plant su.h ornamental trees around iTsiSouse of worship and within such enclosure ns they may think r op r 5. Such trustees shall be, and they afc hereby reSivelv authorized in their name of office, to sue and be suecLX have commence and prosecute and defend, or cause to b;comnL.ced' prosecuted and defended, any act, suit or prosecution, cirerarhw or m equity, as may be necessary; and shall and m y^^^^^^ prosecute for any act of trespass that may be committe7uZ o premises, m the same way and manner -"as tresp^i^ses of tffl ko nature are prosecuted for in ordinary cases And whereas the land hereby authorized to be enclosed is a part of the public parade ground, in Canard aforesaid • ^ b. Ihe said trustees and their successors in office, shall when .(n^unto awfully required by tne supervisors of publiriu mis n Cornwalhs procure by rent or otherwise, as much landS- ng sa,d parade ground as shall render the parade equaUy afcom- niodious for all public purposes as before such enclosure ZZZh- and the purchase money or rent for such purposes required the Sf:r:7sa-?rgtri-^^^^ -^ emyeredtoU^^frl^ 7. The «a,d trustees shall be, and they are hereby authoriztd 67 Viu'iincicn U> be lillul U|l. The tnifitt'cii tn fliimli, iiijcl 1(1 fllcllisc.' II iiiffj. of till' pariulu Ki'ouiiil. Tiiidlccn (II keep 111) feiict!<, &c. Tiiislces to »uf, I'rcvmiWe. Ti'n>t(i(s ((I pro- < lire hiiKl iji lleii lit tliut,tiiki;n from tlie imiiMlo KiouiiU. MB Tiustoi'd to have cUarge of tlw 68 PRIVATE AND LOCAL ACTS The riv'hl of tliu puhlic not lo Iw lUlccteU. SrSfion. l""^ '.empowered to take chai-ge of the cemetery called the Canaril i'^n td=d»^^^ £-£S general sessK,ns of the peaee forThe county of K?n7sTunty 8. Nothing in this aet contained shall extend or be Smorl to extend to prevent the deceased of every denominatinn S V E ' -1^*1^* *u *^^ '^«^*« «°^ P"^'l«ges that have been K tofore enjoyed by the public in the^aid cemetery for sepulchral TZP shall remain and continue as if this Jt hadTofS Nothing in this act contained shall extend or be constmp^ to extend to prejudice, or in any manner affect the rShrof hS majesty her heirs and successors, or of all or any person or n.' sons, bodies pohtic or corporate, his, her and theLre^rvry.? successors, executors, adisti^tors and ^signs ^ '' ^'"^' NotliiiiK ill this JuttoutTcct the rights of htrmii- JKity, 4c. rrcamWc. ov..,c.„,..3. AX ACT TO INCORPORATE THE TRUSTEES OF SAINT MATTUEW's CHURCH IN HALIFAX. Passed 20th March, 1846. rrcsent (.■omniil- tV;."t;;"K." .:;, ,,,;; .^^.^ ««««««, ^-c, '-I'^at the present committee of mana^n I lie aiiu corpo: '"ent in the said church, that is to anv • tZZ, \xr-^^ ^^^' William Young, Fobert nSc \\^»iam W" ^^'^TT'^^'''"^«n' Archibald SincL and'^Sf . Zr 'Kl\i! l-.^^-' Archibald SarrdloWM BrowT 'a'T^^- "^"^^ ^'''^ OF NOVA-SOOTIA. i/pcu uu k^unaay, and then and in such case on the dav follnwi'nr» "^'^'■■^'■■'^ «"""»»> S ™mTto 0^ Zh T«'T"^' -""h ««Pe« to the election o( mnVo onVi A.„ J.- . -^ lawiui lor the said congreeation to """lu"! mtctiug. mmm and regulations passed at a meeting of the Z con^Sl! i" , ? moderator and by«,e fhen c«mit3 la^^^ ""H " the id chuTh at Lmet^r otS^tiv hel^v "^"'^ Tf}'"^ '" ? -"'''''■ me'-tinf r~^ -r.-!- u """"^."t the day hereby appointed for said ""^^"^"f- nieamg. a.. carW ihau ten o clocJt in the foreiKjonfnor later than 69 70 Nutlcc (if (ilteva linns or new re- Kulatiuna. R'^il t8(.iite,i vcs- t"l in trustees. Rccnviiy of new ruiUx, A;c, PRIVATE AND LOCAL ACTS directed in and by the rules IL^ir.- I ^? prescribed and tion now or fromCto"ttet Strc" '' ''^ '''''' ^°"^'^«^- tion,- or^ISr^r^ frSaVo^Tr^ ^' ^^ ^'^ ^ -=-'- intended to^ offered for thfcoS^^^^^ ^1 ^''^'^^ «r ting of the said congregation then and in *^' '""i ^'^""''^^ °'^<^- dition to the notice ?f sfchmeeSnJ whlh • '^ '"'t '"''' '" ^■ to be given, in and bv such rut KSt on? '"'^•^^ T "^'"''''^ the purport and substonce of he prSed X' ^^" "'*''' '^ of any then existing rule or reSn nf T.^ *"' ''^^ocation rule or regulation, ^hall lel^tm^^^Ztdlor''''^ "'^ the commencement of morning ^rvice inS 1 ? *' ^T^S' *^ day immediately preceding tb! T^J I ^^"•'^^'' ^'^ ^^^ Sun- in the said churTandtlec^^^^^^^^^^ Tf& '"'^ ^^^^^^ P«^ on their minutes of such SS «..- ^^^".*«^ed by such meeting placed and leftrlCti^hlJirrd^^^^^^^^^ sive evidence of the fact, fo'r all pu^ts whlote" '° '^ "^^^^■ cupied hel.1, possessed anTSedlhL"' -^ r\"^' "«^ «^- Halifaxaforid.boundSinfront It '^'^ t"'"^ «^t"*te in on the north bySce stieeft^^^^^^^^^ appurtenances tiS as aLoJ?^^^^^^^^^^ ^» and singula; the situate at the corner of Barr nln o, vt ^'"f "' ^^'"'^ '^ ^*"^' street, conveyed by LewisTSl JT''* '^^'*' ^"^ I^^"sl»op the honorabirMi^ael M^^^^^ ^^if '^""'' ^"^ ^'^'> *« Wallace, by deed^dateLn thefift^^^^^ ^"IH^^ ^"^ '"^^'^^^^ eight hundred and twenty el^t^^^^^^^ «°« thousand tenances of the same, Sffirl^^d^^^^^^^^ "°? ^PP"^" inents, in which the sm'd ^Wnt ^*^"®"^°*8 or heredita- church, and the said niecM nrnnw.nia «p i °, "® ^* ^^'^ ^'"d or l^oreditaments mf re now S d^^ ''^'^^'^'^ hereby dcclarecl to be';ested in tlSte oTsaint mS "^ so held and deemed anda/liii/l«/>,i +^ k i. i , 7'SnS) and shall bo Avhatsoever, ervrn^hSr ^ al^.^f^^^' ^^u""'^ in all courts hereby incorporated, and their successors .nd SV ™'*^' sued for, and recovered ,y then. ^^^J^Jt^.:^::^ OF NOVA-SCOTIA. shall 71 amount may or cL^e ZaLT! "'""''' f ^'^*« «' ^^^ ^^e thatnopew^lri^rar^^^rl^^^^^^^^^^ provid.u always, ....... in office; or anyfieom^^^^^^^ and their successors ....... „.,.„, at all times heLCfS^^^^^^^ «ve of them, are hereby fuHv lutwt!,? V^' ''"'^ *^''-^' ^' ^"^ all or any lands tSnl? ''"^T "^."^ ^"'^ empowered so to do, monies olfS,\nSrjTo}.7 ^!:1f "^e^ts, goods, chattels trustees, or he r succes o^ f^^' ^'^^ "'*^^« ^^^''^^ ^^e said church, n such manner and t nn,l T' '"' ^'^"'^* «*" ^^^ ^'-^'^ said congregation by any rule or r^l ^"' «"^K P^'-PO^^^ «« bj tl.o Iiereinbefore meSd ^or w n?^^ '"''^"' ^^ *° ^^ °>^^« «« at any ra JtinTof Z =„^5 ^ ^ resolution or resolutions passed confoLTtf S anf su f J.°^^^^^^^^^^^ '' ^' «^^'«^ '-^^^ ^'^^ » be herea/erTCJ ^'thTg^: ^^^^^^^ •? "°^^ ^ ^^ may be ordered and directed ^ '^®'^'''°^°* °^ ^^^ said congrcguvion, congregation then in S t"^ ■ !f' ^^^ ^^g^l'^t'ons of the said mortgage sLl be ^nosited' W?""^^ ^^''f "^ ^^' «^^ ^"'^tcnded said chSrch on tLTnlv iiflSw i^'"^'^-'^ ^'^^'y P«^ «f ^^e before the commentmenf ^Tf '^¥^ P^-^vious to suS meeting .!, OF PICTOU, IN THE CHURCH IN WHICH THE REVE- REND joiij; M.t -;aNLAy iviw officiates, and to empower THE SAID «'0^rsiEE«ATrON TO APPOINT TRUSTEES FOR THAT and other J imposes. Passed 20th March, 1846. Whereas, a part of the lands now in possession of the Presbyte- rian congregation in the town of Pictou. in the county of Pictou who assemble in the house of Divine worship situate therein in which the reverend John McKinlay at present officiates, was pur- chased hy the original proprietors of the said church from one bamuel Copeland, yeoman, of Pictou aforesaid, since deceased and was by him conveyed by deed, bearing date the ninth day of Au- gust, m the year of our Lord one thousand eight hundred and four to HughDenoon, John Dawson, Edward Mortimer, Robert Low- den and Robert Pagan, fivejusticea of the peace for the county of Halifax, esquires, and John Patterson, senior, and John Prwer two elders of the church, and their successors in office, in trust for the proprietors of the said church, and the said original trustees are all since dead, leaving no successors in office, or other pereons representing them, or any of them, who in law can either claim or make title to the same land and premises : and whereas, other parts and portions of the lands now in the possession of the said conffre- ^tion have been deeded, by the assent of the said congregation to the said reverend John McKinlay, their minister, to be held by him and his heirs, in trust for the use and benefit of the said con/reea- tion : and whereas, the said congregation propose to build s ^ -rect a new house for Divine worship, on or near the site of the ^ . ow occupied by them, to which purpose it is requisite to pra i v , acme additional land : anti • ^ereas, the said congregatica air ^om(m of securing and vesting r ^ title to said lands, and si?- mi .,i- lands as they may hereafter purchase, in certain trustees, ^. ; ^ nopointed by, and subject to, the control of the said congregati' >/ r' L?irein- after mentioned. Now in order to effect this object, auu >^ =ble OF NOVA-SCOTIA, thereof: '^^^rnents, and to have the use and man^ement the said presbyteriSui^horc^nL^""^^^ ^ ^^^*"1 ^r m the house of woX "n whl^^^^^^^^ I'^tou, assembling now officiates, at any pu^eedn/ the time, place and puCse XS I '^"^ congregation of given to such congreS in fe^L ' 7'''' ?^"" ^^'' ^een time the said houfe sla Ibrotn for T '^ ""'''^'^^ •^"^'^"S the Sundays next previous osucCifn ^r°' ''''^^'^«' ^'^ the two of the pew holders of the sdHnT^' ^^ "" ^^'^^ ^^^ the majority ting, to nominate and appJn^^^^^^^ at suchW tees of and for the saidToZelat^^^^^ P^'^^'^^ ^ trus- and buildings thereon noTfeSZ' w?^' '^^e of the lands der and by virtue of tbpl,^- ^^ *° ^^""^'^ congregation, un- or which L;trea&p'je"hS [vf„d '"'! f A^A" congregation; and also for such oS^lil ^'^^^ ^"^^ *^« «aid specified: provided always that no.hiP"'^^^^ hereinafter affect or prejudice the Xhtr?f ^ '. ^' "** '''"^^"^d shall persons nJt ^nSuM^^^'theirL^ '^''- ^'' ^^ ^"^ «*^«r aforesaid lands and preS now L Z "'''^'' ''"'* *' ^'^^ gregation. Premises, now in the possession of the said con- due\ot!Jet!i|g1vr^^^^^^ ^'^ TS^egation, upon necessary at anfScme^&o'S"^^^^^ *^^^ ^^^ *ink it vacancy ithat may We CSe:^"^ to fill up any siguation or otherwise oHft^t *i!- T^ *•■"«*' hy death, re- one or more of thTZdtrL^^S ft\^''^I *« remove' any appoint another or othei^Tn^orttr 1)^0^0'^ f ^ *'"^*' «°^ same power and authority of ttformir fc ' P^*""'' ^""^ ^^^ vest in the succeeding tristi or tn,?f. *"'!?® °^ ^^''t^^s shall or conveyance, for all puZTe« wW ' '''*^''"' '*"/ assignment and that at ev;ry publfc S Jfor r''' ""^^^'^^/in this act; fit person shall 6e chosen chSan«n^ P^'P^^f this a^t, some clerk, and that all proce^n^^^^^^^ f^ ^* P^"*^^ ^ books of the conereeatioBTfS Ihtl ^,^"^^ ®"tered in the entries respectivel^ffbe ^^n^* Tff *" '^ ^'''''^'^' '"^^ '^' bytheclerkof theLeting aXlf^ff^^^^^^^ ^''^^^S, and be deemed sufficient evidence of s^h ZZt^^^^^ ^. ''S"«^' «hall larity thereof respective?^ proceedings, and of the regu- minV:nVt;ffl^a^J t "*' *'« "'^ *-«*««« -h- so no- wherenecessarTso todo iitlX'^'^T'V'^ ««««' ^"^ all casi of the prince st'reet chu^h Rctou '' "'^'"'* '*^^^ "*^« '^^^^ gationp^LTatry^Sfmelt^^^^^^ tice as aforesaid. th« S"™*'°f t^^feof called upon due no- "' ^'^-j«*»«eB for the time being ahall, and 78 I •Al>l>ointmeni of trustees of,, re.,- w.vterlan churcli "' f Iftou, iic. ftoviio. Filling up of va- cancies Id triu- Name of tnjiteei. IVoceedingd at meeting, &c. y 74 Ai;Uoiits )iri)Uglit hy or Hpainst coa- gn'gatioD, &t-. I PRIVATE AND LOCAL ACTS they are hereby required and empowered, to purchase, take, have, hold and possess any lands, hereditaments or real estate, which a majority of the said congregation present at any such meeting shall, by vote, think proper to purchase, and shall in any way pro- vide the funds to pay for, and shall also grant, sell, lease, mortgage, or convey to such person or persons, and for such price, sums, rents or terms, as by the majority of the said congregation present at siny such meeting, shall be agreed on, any lands, hereditaments or real estate, belonging to the said congregation, which a majority of the said congregation present at such meeting, shall think proper to sell, lease, mortgage, or dispose of: and every deed, lease, mort- gage, or conveyance of any such property executed to or by the said trustees for the time being, shall be sufficient and valid in law, to vest all the title of the vendor or vendors in all such lands, he- reditaments, and real estate so purchased, in the said trustees for the time being, and their successors in office, or to convey to the grantees, lessees, mortgagees, or purchasers thereof respectively, cither in perpetuity, pledge, or for a term of years or otherwise, as the case may be, all such estate, title, interest, and property therein, as the said congregation or the trustees thereof for the time being, and their successors in office, have had, held, or were entitled to, in, to, or out of such riftal estate, lands and heredita- ments, sold, leased, mortgaged or disposed of, or as the said congre- gation designed by such deed, lease, mortgage or conveyance, to vest in the grantees, lessees, mortgagees or purcluisers, named therein. 5. The said trustees and their successors in office shall, and they are hereby respectively authorized, in their name of office aforesaid, to bring or defend, or cause to be brought or defended, any action, suit or prosecution at law or in equity, touching or con- cerning any lands, real estate or hereditament**, of or belonging to the said presbyterian congregation, held or to be held under tlJs act ; and such trustees and their successors in office shall and may in any such action, suit or prosecution, sue and be sued, implead and be impleaded as trustees, under their designation of office afore- said ; and no such suit, action or prosecution, shall abate or be discontinued, by the death, resignation or removal from office, of any or all of such trustees, but the same shall and may be proceeded in, or defended, by the succeeding trustees respectively, any law, usage, or custom to the contrary notwithstanding ; and the trustees for the time being shall pay or receive the like monies, costs and expenses, as if the action or suit had been commenced or prosecuted by such trustees as shall be in office at the time of the award and adjudication thereof, and such receipts and payments shall be held to have been received and made for and on account of the said presby- terian congregation, and by the said trustees, shall be accounted for to the said congregation ; and all such sum or sums of money as the said trustees shall for any purpose be lawfully required to pay for the said congregation over and above what may be by them re- ceived, shall be reimbursed to them from the funds thereof. OF NOVA-8COn4. 75 the said Hugh Denoon ^ohn in^^^^ l^:Zr:UZlZ Lowden RnLr^ Po.«.« t u ZT^ ' ■'^award .Mortimer, Robert ''"'i 'y justice,, dec3 a^d hv^?f '•/°^° Patterson, senior, and John Fraser, aeceaaed, and by the said reverend John McKinlay, and their an. his heirs and successors in office, shall, after the iS! of th t act absolutely vest in, and becoiLe the estate and prSv of tl . the same by doed or deeda Jthe 1^1 l^^iKd Z?S buildings novr or hereafter to be built thereon, shallZ all pu'^^^^^^ teSrar'^'? '}' °^r °g ^°^ ^^t^^^^^^ ^f tWs act,Te^am teP, S S • ''"'^ '^'^'?^ *** ^« ^° t^« possession of the said trus- toes and their successors in office, and bTby them held to and for vote of a majoriy thereof present at any suchraeeting from time to ™^^°' ""J' °*^l»"»™ not meiuoned herefn, the Ss or .fL^',t;:ar1hS.TiSW^lt.%mr "™^ rf^eh meeting shall „« more Om tWvemomhl' arl^of'^^ AN AOr TO ABIHOWZE THS APrOINTMENT OP TRVsms OF THE >.,•, ,. ,- PBBSBYIEBIAN CHURCH AT lAIAMAaoOOHE: >«'«-.*P.r. Paused I7th March, 1847. aftJ; thf^l^rit'i;.'' tt'i fS" ^ "r. and at.„y time .,,,.«„. , nreshvtpi.,Cw.„^ .• ' ^ ^"*'^ *°<* ™»y be lawful for the "^'"-""t church . g ^ ^.^ a^jge Q^ ^vorsQjp m which the reverend 76 PRIVATK AND tOCAt ACT8 Filllny? lip vaonn- Power of tnwtwB. Right!! oni) liabili- ties of trustees. Preiimblf. Trustees to take cliarge of cemete- ry, ic. Limitfttion of act. Froriio. Robert Blackwood now off' ! .to*, at any public meeting of Bald congregation, whereof (' i )■ tn-* • U have been given to such congregation in ti ; aioresmj f.uuae of worship, during the time that the said i'outso of worship shall be open for di- vine service, on tii" two Sundays previous to such meeting, to nominate and apjioint by vote of a majority of the uongrogation present at such nnvting, three fit and proper persons as trustees, to take charge of the house of worship, and of the adioining cemetery, called the Tatamagouche burial ground '.< _j .. ... • of oflfi'^ft shall be " the trustees of the presbyterian church at Tatamagouche." 2. It shall and may be lawful for the said congregation, upon due notice being given, as aforesaid, whenever they may think it necessary at any public meeting so called, as aforesaid, to fill up any vacancy that may have been made in said trust, by death, resignatior or otherwise, or, if they think proper, to remove any one or more of said trustees from the office of said tr'ut, and appoint others in their place ; and the same power and authority of the former trustees shall vest in the succeeding trustees, foi all pur- poses intended by this act. 3. Such trustees shall have full power and authority to build up and keep in repair the walls or fences f > enclosing said house of worship, and to plant such ornamental trees around said house of worship, and within suoh enclosure as they may think proper. 4. Such tiustees shall be, and they are hereby respectively au- thori/ied in their name of office, to sue and be sued, and to have and commence, and prosecute, and defend, or cause to be commenced, prosecuted and defended, any action, suit, or prosecution, either at law or in equity, as may be necessary ; and shall and may sue and prosecute for any act of trespass that may be committed upon the premises, in the same way a'^d manner as ' espasses uf the like na- ture are prosecuted for *n ordiiiary cases. And whereas, the la berel^ authori...,! to be en losed is a lot containing one and a haif acre, granted by Augustus Wallet Des- Barres, esquire, to the said Tatamagouche congregation, for the purpose of erecti a he c (• worship the^:-on, and to ^-i used as a buiial ground, and knowr as the Tatamagouche church lot : 5. The said trustees shall be, and they are hexeby authori;',ed and empowered, to take charge of the sai;^ ;emf'tery or burial ground, and to enclose, protect and 'mame' t the same, and to make such rules and regulations res!> t^ng " e same, as they nay think propf^r. 6. Noiiiing in this act container, shali extend, or be con- jitvued to extend, to prevent the deceased of every denomination of christians, and others, being interred in the said cemetery or burial ground ; and tuat all the rights and privileges which have been heretofore enjoyed by the public for sepulchral purposes, shall re- main and continue as if this act had not been passed. 7. Nothing in this act contained shall extend, or be con- strued to extend, to prejudice or in any manner aflfect, the rights of OP NOVA-SCOTIA. her majesty, her heirs and successors, or of any persons bodies 77 """"river JOHrfv ?/. ™' PRESBYTERIAN CONOREOATION AT H VIc. c..p. 40. RIVER JOHN, IN THE CO(rNTT OF PICTOU, TO APPOINT TRUSTEPS FOR THE PURPOSE OF HOLDINU LANDS FOR THE uLo'. T.fp SAID CONGREGATION. '"' ftWMd nth April, 1848. cou^voTpictou Ci&"'" congregation at River John, in the ...an.... orSscott ' ^° J'J« ^T'"""'*;" yith ' the Presbyterian church r„«^ ;T V ^ ''^'"f ^° ecclesiastical connection therowiH, ^^f^ ""? ^^'■^^-^r = '^"'1 whereas the sa^dSrurerdoes °o iraa«fer ■ .d assure the title of the said piece of landZ tie u' o • bv r nr'°V\^ ^"" ^'^ «™P'« - n^annerL intended now ^villin. ;!^"'^",^t'^r'' '""i'^' '^'^ William Math son's ^Hnn „i^ n t "**^^^ ^°"^«y ^o"- t^e "se of the said consre foil, L*^' '^'^ ?''^ °f '"^"^ ^hereon the said housf o f worship ha^ been erected, ns also another valuable piece of land and 1°''' *i' '"'?/' *° *^"«*^^^ Winto,! by such co^^ tTn. trZ 1" ""1 '"TT T ^'' ^^«'"^«"« «f securTnf r v^Ts-' ting the tit e thereof, and also the title of such other knda Jn! ^m::^ tfrT ^ '^^^ "^^^ ^--^^' Purcha^^^o;^^^^^^^^^ titled unto m certain trustees to be appointed by, md subiect to gregation to be held in «««•#» i«,;i^;i^ "weuug oi ine said con- tees of lands, *^ the time the same sha/beTnen JS seTce J^^ f ^"^"^ S nS^^tS .t^fr^.^PP-g"*- P-^-t at such ieetC . ... «,., ,pjK..^. aj aau proper pewons, not exceeding fivi *■■% L.9fe 78 PRIVATE AND LOCAL ACTS Prnvhn. f iipfily f.f vnriu). I H in number, to take charge of and hold in po«80Bflion the lands and miMuigs now belonging to the said congfegalion. or .vl icl nmv elected for he said congregation, and also for such other purnoges tn^LsStr^ "^"'^= ^T?^ •^'^'•^^^ ^''«* three? ed shal „K ^ 'I, "•"'?> «"^ t'»'t "othing in this act contain- ed shall nffbct or prejudice the rights, if any such there be of anv person not herein mentioned, their heirs or\s8igns,?n an.'Uo the o %":'ZT;!fl "7/Vhe possession of the ^ui congregation .lo'-: r.,,;,,;;;! ■■;,, -• f* s!"^" ^ 'awful for the said congregation, whenever they Sr;.S':; TCeln 'l^Tn '^i r P^^lic meeting called and conductai *... A... <« herein ;re8cribed, to fill up any vacancy that may have been t ify^i^kt:;:^ to"'' '' '•'"'^ '"'«"^^'^" - othe'^wire oHf tney think proper to remove any one or more of the said trustees from the office of the said trust, and appoint othera inTeir p£e ..n.l the same power of the former trustees shalWes" in he suc^ ceeding trustees without any assigmnent or conveyance for a Ipur tT. h!n r'fi'"'"'""'^^ '" '^'"''''-^ ^"d at every 'public mee- ng held for the purposes of this act, some fit person shall be chosen chairman and some fit person as clerk, and^l proceed ncs thereat shall be duly entere.'y of diocese rpqui- slte to validity of leaseit by bishoij. ^ ^■J"'*.wa< B i iiB. ' i«wm" '' 82 yower of cnrjiora- tlon restricted to conveyancp by lease. On sickness of bishop powers to Uevolvo on vicar- general, iiC. Act not to affect riglits of her ma- jesty, bodies cor- poraU', or private individuals, inc. Act not to confer any ecclesiastical rights on bishop. Suspending clause j her ma- jesty's assent (iT«n. PRIVATE AND LOCAL ACTS at the time, then of +wo Roman catholic clergymen, to be selected or named by the Roman catholic bishop of the diocese— such selec- tion or nomination, and such consent, to appear upon the face of the indenture or lease intended to be executed by the parties, and to be testified by the said bishop, vicar general and clertryman, or two such clergymen as aforesaid, being made parties to and signing and seahng the said indenture of lease, in the presence of two cre- dible witnesses as consenting parties thereto respectively, provided that nothing herein contained shall be construed in anywise to give to the said corporation aforesaid the power or authority to sell alien or convey, either absolutely or by way of mortgage, any of the lands, tenements or hereditaments now belonging to the Roman catholic church in the city and county aforesaid, except by way of lease as aforesaid. '' 4. In case the said Roman catholic bishop, or his successor or successors shall, from sickness or infirmity, absence, or any other cause, become incapable of or be incapacitated from performing his or their duties in the diocese aforesaid, then his vicar general or the clergyman administering the diocese shall have the same pow- ers as are by the act conferred upon the Roman catholic bishop of the said diocese. 5. Nothing herein contained shall affect or be construed to affect in any manner or way the rights of her majesty, her heirs or successors, or of any person or persons whomsoever, or of any body politic or corporate, or of any churchwardens, or auditors of ac- counts, m any Roman catholic church in the said diocese, or in any way to abridge, diminish or take away any of the rights, privileges and advantages now enjoyed and possessed by any pewholder or any person having any right, title or interest in any pew or sittings in any Roman catholic church or chapel in the said diocese, such only excepted as are hereinbefore mentioned and provided for. 6. Nothing in this act contained shall extend or be construed to extend in any manner to confer any spiritual jurisdiction or ecclesiastical rights whatsoever upon the said Roman catholic bishop hereinbefore mentioned, or upon his successors, or other ecclesias- tical person of the said church in communion with the church of Rome aforesaid. 7. This act shall not be of any force or effect until her maies- ty's assent shall be signified thereto. i OF NOVA-SCOTIA. 83 AN ACT TO EXTEND THE PROVISIONS OF THE ACT, TO INCORPORATE U Vic, clwp. 30. THE ROMAN CATHOLIC BISHOP IN HALIFAX. Pfwat-d 7th April, 1851. 1. Be it enacted, &fc. — The provisions of the act entitled, an Provisions of act act to incorporate the Roman catholic bishop in Halifax, together " .^everarcouu"- with the limitations therein contained, shall be extended to the fol- ""• lowing counties of Nova Scotia, so as to enable the corporation to hold lands therein, viz : the counties of Colchester, Cumberland, Hants, King's, Annapolis, Digby, Yarmouth, Shelburne, Queen's and Lunenburg. 2. The lands and premises so to be holden in the counties i^»tain thirty axjre lot of land situat^e on the Pleasant River road in the county of Lunenburg, and near the property of Wil- liam Newcomb, or the goods, chattels, monies or effects of the church, held bv tht tnia.tpoa fnv .ho. i,ao of ♦^^ -Vvr-l- ••- »- " a "■■•- vf. vuv vixuTtii, iu aUVJi u % 9 may lell, m Not to affect tlie rights of her ma- jesty, lie. PWVA*B AND LOCAL ACTS Tr^gltnl^^^^^^^^^ V any rule gregation to be called and heU Tn Sol 1 "" ""Tl^ '^ '^' «°°- time to tirr^e in force for the governTeS^^^^^ '^' '"^^« ^^^ be directed ; but whenever anv laT^n" f ^"^ *^^ congregation may estate in this section mentioned IhSl T nf ^.' T^f " '^ '^' ''^^ any meeting of the congrSn tLtt ^ '^''^, v ^"^ P^^P^^^^^ *« shall be gi^ven in the cEh o^ tme iZfff ''''''' '^'^^'^ after divine service, and no such «•!?« . ^^ ''^^ immediately valid unless sanctionerby a maioritv 'nf '*f ^' '' ^'''' «*'^" ^ gregation, and a declaralnS uch^^"?;^ ■?'?'"« '^. '^' '^^- sanction entered on the minutes of thorn.^^^ ^'"'^ '"''^ evidence of the fact. '"'''*'"° '*^'^" ^^ prima facie ^altScTtrttTf'hSm '^""n^'^ ^ '""«- porate, or private indiviS ""'J''*^' '^ ^^ «"^ ^'^^y cor- i! a church, whichlhey have cXd o^r "'"' T«*'^' 1^"^^^ ^'^^ ^^^^hed for the celebration of divide smie"^^^^^^ Samt George's church, monies of the church 0^^ In it^ *' *^' ''''' ^^"^^ ''''' church, regularly ordaiLdaScenlJ^. •'• rnm,^^^^. of the said a large congregation of the inSki n?i,'^'''5''' '"^"^ "* ''^^'^ larly afctend'divine worsh p And 'h ef, h' ""'"^ ''T^'^ ''^^- con Robert Willis D D th^ m.«l . f ^H ^^^crable archdea- Saint Paul has voluntariiytliEsheral^^^^ %' ^"\P^^'"^^ «f any compensation on accoLt SsHSd rabH 5' "^'^^' ^'''' '' parishioners and has, so far a he TSereL .^T"'" '^^'' most willingly consented to th^ ««,•,! ,r-- ^ ^'^^ premises, tageous to thi inhSants of tii.fnf aT"" ■', ^ '"^'^"^^ «dvan ' Boundaries of St. 1. £e i^ emrZ A^ T^! ^,' ^'^'? P''^'^^ «^ ^^'"^ ^eorge • — - township, andTo^nL^iVo^otVtVaU point on the western shore of the harbour of iZ'^'^T''^ ^^ ^ posite to the centre and eastern end of the ^^^^^ terly along the centre ^liifJ^^^sS^ ^Z\&Z A /I OF NOVA-SCOTIA. from thence the same direct course until it comes in a range with the centre of upper street and on Brunswick street, thence norther- ly along the centre line of Brunswick street until it comes to the centre of the eastern termination of the public street which leads along the north side line of the northern barrack square into the common, thence westerly along the centre line of said street until It strikes the eastern line of said common, thence following the courses of said common line northerly and westerly to the end thereof, and from thence to run westerly along the centre of the public road leading in front of the buildings and premises of the late James Romans, until it meets the centre of the public road trom Halifax to Brehra's farm, thence to follow the centre line of said road northerly and westerly, by Brehm's farm, until it strikes the centre of the bridge over Smelt Brook, at the head of the JNorth ^ est Arm, from thence to run west ten miles, thence north until It strikes the southern side line of Sackville parish and the northern side line of Halifax township, thence easterly along said line, to the shore of Bedford Basin, and to be bounded e^terly and southerly by the shores of Bedford Basin and the harbor of ilahtax, to the place of beginning ; all which described land shall hereafter be the parish of the said church, now commonly known by the name of baint George's church; and all the lands lying within the limits before described, except the glebe lands and all other property belonging to the said church of Saint Paul, shall hereafter be separated from the said parish of Saint Paul, and be a parish, hereafter to be known and called the parish of Saint George I. It shall and may be lawful for the people residing within the said (hstrict to meet for the choice of church wardens and vestry- men and all other parish officers, which choice shall be made yearly, and at the same time and in the manner as is bv law already prescribed, for the said parish of Saint Paul, and all mee- tings, powers and proceedings of the parishioners, church-wardens and vestry and parish officers of the said new parish of Saint George shall be according to the rules and regulations set forth for the said parish of Saint Paul, in an act, entitled, an act in addition to an act tor the establishment of religious public worship in this province, and for suppressing of popery ; and the minister or rector of the said parish of Saint George, the parishioners, church war- dens, vestry-men and parish officers, aro hereby powered to act in the same manner, and with the same power, in all cases, as is pre- scribed in said act, and all other acts, made for the said parish of baint J^ul, in addition to, alteration or amendment of the same 6. Ihe said church and building, so called Saint GporrrA'a nu u , church, with the lot of land on which' the same nt slnds, fnd "" the burying-ground belonging to said church, with- the buildings thereon, commonly called and known as the Dutch burvine ground and the lot of land granted to said church, for the purpose of erecting thereon a parsonage house, with all the buildings thereon, and the lot of land, situate in the- north suburbs, describS 87 lu People may meet to nhoose church officers us provided for by acts relatiug to parish of St. Paul. church property to he vested in th< churchwarden* and vestry 88 fcr UM of rector, ptriahionerg, and church sitabliah- lOCOt. Church not liable for debt! now ex- isting to be paid by ag- leasmeats and other church in- come. Preamble. R««Ident« in St. 0«orge's holding pews ill St. Paul'e not to be taxed in St. Qeorge'f . Residents in St. Paul's holding PewB in St. Oeor- ge's not to be tax- ed tor St. Rwl's. PRIVATB AND LOCAL ACTS held in their corporate canadfut T ^f "S^' *° ^^ by them the use and ben&f tKfni Hr rTl'^" ? '^^-t'^' f- said church, and for the Lnrfli •^°'' """^ P»'«liioners of establishment of 80^^ palhKrnn T"'*'"'^".''^ '^ '^'' ^''"''ch whatsoever; any dS ™f«^^^^ ^f, to th; c Jtr^te^ heUore incumbrance wha Joe e' 1^^^^^^^^^^ debt, cL|e or the said congregation or wSmllf ' ^"l^^'l^ebts now due from liquidated, sStlld S pJd bwJ^^Z ?' ^'T' ^'"«' «»'«" ''« said parish, out of the dS Z!t t"''^ ""'"'^'""^ ^"^ ^.strv of of said chuVch, and onP'n'f J,*^^,.'^^^^^^^ or other incLe or charge on the real estate SgLg^ ^hl ^0' '" '"""'^""^^ oo^^^i::^^!!^^ ^ith^Lrdiffieuity and in- the church of Sain Aul st^M t "7 T'^' '"^^ ^'^^ P^^^sin 4 tii::'4TjiZX:l^7^ ^-M^ ^« computed inafter named, that is to S dS^q^ ^ nf ", °^ P^^««"s here- ward, Ann CrehhZ EZh^^m?!'''\^^^^^^^^ Mil- Hughes, Mary "Cod John A v ^fw",' E^'^af'eth Herd, Ann liam Fennerty, Robert Piston iSi ^t'^?^'^ ^«"^°«d, Wil- Mary Ann B^'rrough^ rhntouST p t'«'' "^"^ ^^'"^' erum, Joseph WinSiett, Adam Grie^i t^ "^'Tt' ^'^'^t' Dam- Lmart being inhabitant^ of Xe ne^plrlh oTs^^^^r'"'^' ^^^"^^ of whom now holds a pew or a 1)3^0? «T x- ^'°* ^'^°^^«' ^^^h church of Saint Paul, Snot Tw^V^vP^' ^" t''^^ s^^^ rate or assessment, for the sunLf^f '.^ ^'H ^'^'^^^ *° P^^ ^^J George; and the sa^d pemns ZCed a^^^^^^^^^ ^^ ^aint thev do not dwell within the parrfhajf ^^^^^^^^^^ although and pay towards the support of thP,^/Tu^'T'c,^^ ^^^^^s^l during the same period oftwen^Y yeL th.1"''^ V'^' ^^">' case t% severally continursS^tJ^ ""' ^' heretofore, in m the said church of sZvJ^TJ'i^ ^ T' '' P^'* «^ ^ P«^' sons hereinafter named that kfn « a '°> ''^ ^^^ "^'"^"e^' »" Per- John Tryder. RicS ToL r '•'^^r^'^drew Smith and brothers, Anthony H. IlSd pS ^7'^P {T''^^'^'^^'^ ^^rdocl^ foxby/NicholSab mL D^i^^^^ ^^^'^^ Mrs! Jost, Andrew Bauers TbZ!; P ^^^ ^^'''"^ ^^"er, George rick Rhalves, wSSn'tM^'"'"' & '^i^^^^^' ^-dl Edward Km-ckle, Henry Swjar;;^^?^^ Henry Lockyer, as OP NOVA-SCOTIA. Robert Grover John Sheffer and Daniel Sheffer, William Muncey, John Room Mrs. Til vans, James Stratton, Henry Brchu. Mrs. Walker, Gcc ;;. ^^.A -^X ^^ ifi sV" fitt PRIVATE AND LOCAL ACTS erected and known as the masonic hall, the said William Duffus by a certain indenture of mortgage bearing date the thirty first day ot July m the year of our Lord one thousand eight hundred and thirty-cight, did, with the consent and approbation of the several lodges then interested in the remaining lands and premises, testified by the execution of certain officers of such lodges of a power thereto annexed mortgage the same to the now honorable Alexander Keith, for the sum of six hundred pounds, and interest, which mortgage is still outstanding and unsatisfied. And whereas the said Alexander Keith, with the consent of the lodges interested, did, by indenture bearing date the twenty-sixth day of June one thousand eight hundred and forty-eight, convey to James Forman the younger, m fee, a certain portion of the lands included in such mortgage subject only to certain easements therein. And whereas the said Alexander Keith is now in possession as mortga of trUBtl'CH. K>istin(r trunterg if no np» ones 8i»- pointcU. PrcsMent, kc, and bje-lawij. Lands and bail, dings vested in the president. # 94 r Now sliaroa. PRIVATE AND LOCAL ACTS an.! discharge all principal monies and interest due or to become due on such mortgage or on any other mortga^re which it mav^ necessary for them to ent.r into'to satisfy thf ^resenrm tS ^r wh c they may execute m accordance iN^h the provisions he1-eof and then subject to the direction by vote of two-tLd of the mm- bera i-espcctively of the chapter and lodges holding a ma orkvTf the whole shares, as hereinbefore expressed, present^Uny'meeL J purlottnffrf ^^"" 'T'h'y^ duVsummone^r ?h? purpose and the trustees are hereby invested with all necessarv po ers for carrymg out the provisions of this section, but noTale shall be made hereunder for a longer period than five years 7, A nwjor.ty of two-thirds of the members respeciivelv of the chapter and led .es holding a majority of the wholeSr^sVes fnt a meetmg ca.led m manner in the last section mentioned may at any t,me create new shares of fifty pounds currency each, vS shall be represented and have a voice in the direction of the tris- tees m the same manner as oWginal shares. .:::^:iV:t ^ «• if t^e chapter or any of the lodges hereinbefore mentioned to exist, the shares then held by such chapter or any such lod^e shall be vested m the remaining lodges or chapter then benefidaH v nterested m proportion to the shares by tlL then re S^ held, and be represented accordingly in the direction StXnl n Nothing herein contained shall afiect private riliarfs —transfer tlirreof — tvhich the said company may hold at any tune, the shares and interest of the several sliailiohJers of and m the capital stock and funds of the said company shall bo held and deemed to be personal property to all intenli ami purposes! .J. Ihe several persons who now are or hereafi. r mav become subscribers toward the said undertaking shall, and they a^> heieby required to pay .he sums of money by them respectively subs^ S by tl c said bye-laws ; and in case any person shall ne-lect or re- fuse to pay the same at .ho time and ii the manner mfu red tv that purpose, it shall be lawful for the said company sTi,r and recover the same in any court of competent iuLuiction nioviS always that it shall ncft be lawful for the saiZm; ,ny io7a or or require any shareholder in the said company to comribute C. The joint property or stock of the said comnanv shall bn alone liable for its debts or engagements; am' that no mCietor or shareholder m the said company shall be ,. : .come resZsiUo chargeable or accountable by anyVays or moans for anyS «; greater sum of money than the amount of the shares whic^i he shiTl actually and bona fide possess or be entitled to in hrjapital or joint stock of the said corporation. ^ ^ 7. All such lands and real estate as the said company mav hold at any time, or so much ihereoras may be necessaryCsaS anv writ of execution issued upon any judgment obtained aSttb« said company, shall and maybe taken u'pon sucH" t aSsold in the same manner and with like notices, proceedings and ecS. of redemption as the lands of private persons may betaken iSon and sold accoi^dmg to law ; and the sheri.T shall, immSteTy nfte? such sale, make and execute a deed to the purchaser wS dee,l shal convey and transfer all the estate and iLrest of he said cor poration in the lands so taken, sold and conveyed ». Ihe general annual meeting of the said comnanv shall h^ held on the first Monday of March in every year 3 tliist^eM year at some convenient place in the town of Windsor to Je a" pointed and duly noUSed to the company by the boaXf directo?s 101 ni'fitriclinn no to lIHl IHt.Iti'. AniiiiiiitMrilinrcK, triiii~l>r thi'ri'i.l, lie. I'ii.vniont iif »iih. ProvLJo. fliarolinliiors not linhlp hvynnd nmnunt of sliares. j LinMlity of land on judtimi'nt aifaiiist company — eonvojunce thenunJtr. Annual meeting ■ -9i)eciai mee- tinirt on rcquisi linu!). 102 Provlfio. BhnMholdcrK en- titli'd lu villi'— uuinlH'r of vn(M — niHy voli' liy proxy, Votes nf (lirwlnra — "IHlllljf Vlltl' to preHlileiit or liiiUrmaii, Appointment of first general moe- tliiK— fonniitioiiof CuiiipHiiy— elec- tion of preslilent, »iTretury, He. Proviso. PRIVATE AND LOCAL ACTS nn.l j|,ot spccu.1 rncetiug« of the compnny shnll Ik, 8ummono.l hv the .hrcctors uhcM ihoy Hfiall ,l,om tho ^atno nocoMaryT' J^ c;,cr a .o<,u,.,i,on m m-iuw^ thtrdbr shall he dehveie.! to the l^ard 8.gno,l hy twenty Hha,ehoI.ler«, «m.I specifying the ol.iecL of such meetn.. provule. always that at least' ten llay's" notice ol.hspe c al meetin. an.l of the o hjeet thereof, shall he give,, hy .,, Ivertisc- n^ent posted m n least three puhlie places in or near {he town of V n. sor aforesaw nn,l that oil such general or special nu-et n-^ bcitr •^;^£^'" ''""' *° '""'' ""'^ ^^^'" p'- '" I''- - -;> p. At any annual or special meeting of the comnanv each nro F-etor or oharehoKler having pai.l „p .m calls on h n^'.n le Z\ hen due and payable, shall he entitled to vote as follows, nujy he owner of one share to have one vote, the owner of fl ur Ss to have two votes and the owner of eight shares or greater nun her ol shares to have three votes, and .^o more : an.rtho a .1 pro- pr etor may give such vote or votes hy his proxy, .luly ennstituled tilled to vote and every such vote by pro.xy shall ho as oood and suflicent to all intents and purposes, as if such proprietor vote n person : an.l at every meeting of the board of directors, each 1 e" S ;t uT r '"^r"'^' '^"'' ''''y ^l"^«tion, matter or tl in. ^^hlch shall be discussed or considered at any meelin.r of the hoinl "t directors, shall he determined by the majority T.f vot 'sX given by the directors then present; and in case if shouhl so Ip- pen that at any general or special meeting of the hoai.l of .lirectors the votes shnl be equal, then the president of the company oh his absence, the chairman of the meeting, or of the boaid si all be entitled to a easting vote, in u.ldition tolii. own per^al vot 10. As soon atter the passing of this act as may bo convenient ami deemed expedient the said si.xteen persons firft named in h^ act or any three of them, shall by advertisement, to be post d in at least three public places, in or near the town of Windsor, du in" en days, appoint a day ..nd place for the first general meetinJ of he subscribers, and shall assemble such meeting; and a el a ?^an thereof being chosen fiom among the subscribers present Sa secretary the company hereby incorporated, shall be formed and organized and go into operation, under this act : and the saS sub- acr bers then and there present, or their proxies, shall and may forthwith, ,n the manner prescribed, proceed to elect seven directors -one ot whom shall be chosen by the said directors by ballot as so to be elected, shall hold, exercise, and enjoy and retain their respective offices, from the day of such their elecLn, unt the fir^ annual general meeting thereafter, and thence continua ly untH a aot and the bye-laws of the said company : provided always that liSZt'' 1*nV"1 "^f "«' --t^-^ubs^'ueri^^^^^ at which officers shall be elected, be deemed eligible to office, unlesi may OF NOVA-StOTIA. Hiu-li ppiMon Hlmll 1)0 at tlio tii.ioof hucIi election ofolTicerrt, iiineiu- bcr ol soiiio ti'iiipcniiico stHriety in the towti oi' Wiiidaor. 11. At the getioial utiiiual nieetiti;,' of tlio cotnpniiy in each vear, ilic .liicctoiH of tlio miitl coinpnnyr for tlio ensuing' year HJiail be electe.l l,y hallut, in iln- Ibllowing nmi.ner, viz : tlie sliiiielioKlei-s then and lliero piewnt, or tlu-ir pioxies, sln.il (iist i-lirt tliieo (IirectoiH out oI" the seven who liiive hci ved iov the preeediiij,' year —provided liiey hImII ')e wilHti;;' auain to accept olhce. and shall then elect four oiheis iVoni ilie .shareholders of the conipanyr indis- ciminiatcly ; and if all or any of tlie letirin;,' diieclois shall refuse to he re-elected, the said shareholders shall prm-eed to the election ot otliei3 of the company, until the full nuniher of directors he eonipleted. 1-'. No person concerned or interested in nny contract under the sai(l company, shall he cnpahle of Idnj,' chosen, or if chosen, of contiiuun;? a director of the said company: and no person. durin iiit'H lit itnnuul lllCTlllllID. I'nivimi. Kli rlinri nf illriv- loi to lill Viicuiic)-. IliriCtnls t(i M-t until I'kTticin of iifw ilirtclors. Directors to make byi' hiWi, reguLi- tiuut. Sale of slmrts — privllfKcs of pur- cUatierd. Pmixr to borrow 1)11 mortgage, sell, uiiil convey real estute. 104 Provii PRIVATE AND LOCAL ACTS if doomed expedient ; and the said directors are hereby authorised to convey m mortgage any lands or real estate of tl e sK cornora- afnl • i ' P^'P"'" "/ '•'""^^■"g *^« °'°»'>« so to be boiowed as aforesaid or m case of an absolute sale of the said real es ate oi any part thereof, to grant and convey the same, and to mtke th^ necessary deeds and conveyances for fhat purpos^ ^' . 18. Ao hmg herem contained, shall bo held or construed to 13 Vic., chiip. 36. -MaitlHiiiI leniiic- nince hall, compa- ny incorporated. AN ACT TO INCOKPORATK A TEMPERANCE HALL COMPANY AT MAITLAND. PoKswl 28tli JIarcIi, 1860. rornpiiny m.iy liolil real aiiU (xr Bunal estate. Real estate not to excc'cd £yoou. Division of sliarcs Division nfiicr- sunal property. Company may sue for aii.ountdueou Bharc9. Ji'i-,, vviuiam i.,ox, John Graham, and AKxandcr Eov .mrl «,mV, iieooy estaoiished, and their respective successors executor/ administrators and assigns, shall be a body politic and cWporate bv the name of the " Maitland temperance hall company^' and' bv • .J' '^^^ po^'Pany may take and hold real and personal estate and rnay sell, le>xse, mortgage or otherwise deal wifhX ar^f a^ may be necessary, subject to the restrictions hereinafter nro^dod and may at any general meeting make bye-laws "S Xro^ amend the same, which, when no"t repugnant to he laws oftho province, shall have force and effect. ^ 3. The company shall not hold at any time real estato in n g'-e/ter v-alue than three thousand pounds. **" "" 4. The capital of the company shall be divided intr^ <,J,..v«= e one pound each, which shall b'e Lgnablear^^^^^^^ the bye-laws and which, notwithstanding the company mav hold real estate, shall be deemed to be personal propert? ^ b. Ihe subscribers shall pay the amounts subscribed hr thnm towards the undertaking, at the times and place XeLCth™ bye-laws, and if any person shall not pay the .same ast diS! OP NOVA-SCOTIA. 105 the company may sue therefor ; but the company shall not compel any shareholder to pay more than the amount of his shares and costs of suit. , „ . 1 (>. The joint stock or property of the company shall be alone ^,M^sj^t liable for its debts and engagements, and no shareholder shall be ,1,1,, ikvo„,i their ill any way responsible for more than the amount of the shares '^'"""■ which he shall actually hold in the company. 7. The real estate of the comrany may be taken upon any writ «rti.i mlrTx' of execution issued on a judgment entered against tho company, uution. and may be sold and conveyed by the sheriff in the same manner as in the case of the lands of private individuals. 8. The general anual meeting of the company shall be held ,^,|;;;;"'f,;'f„'i,7- at tho villai^'o of Maitland, on the first Monday of March in every caiici, kc. year, after the present year,— the places of meeting to be notified to the company by the directors, by advertisement posted in at least three public places in or near the village of Maitland, for at least ten days previous to the meeting, and the directors shall summon si)ccial meetings when they deem it necessary, or \enever there shall be delivered to the board a requisition in „...ing therefor, signed by twenty shareholders, and specifying the objefct of tho meeting, and ten days notice of any special meeting, and of the ob- ject thereof, shall be given by advertisement, posted in at least three public places in or near the village of Maitland ; and any general or special meeting may be adjourned as may be found ex- pedient. 9. At any meeting of the company each shareholder having R^'^";;}'-^;/^^^,, paid all calls on him made, then due and payable, shall be entitled ,icr» »t meiiing». to vote either in person or by proxy, as directed by the bye-laws, as follows, namely : the owner of one share shall have one vote, the owner of four shares shall have two votes, and the owner of eight or more shares shall have three votes and no more. At the mee- tings of the directors, each director shall have one vote only, and every ([uefalion shall be decided by a majority of the votes of those present ; and if the votes shall be equal, the president or in his al)- sencc, the chairman of the board shall have a casting vote in ad- dition to his own personal vote. 10. As soon after the passing of this act as may be deemed expedient, the twelve persons first herein named, or any three of them shall, by advertisement, to bo posted in at least three public places, in or near the village of Maitland, appoint a day and place for the first general meeting of the subscribers, and at such mee- ting, a chairman being chosen from among the subscribers present, ■with a secretary, the company shall be organized and go into opera- tion, and shall elect seven directors who shall choose one of their number, by ballot, as president, and shall appoint a secretary— which officers shall continue in office until the first annual general meeting, and thence until a new choice of officers be made by the company ; but no person shall at any time be eligible to hold office KltTlion of officers of cnmpany ■"-ym 1^ 106 I)iiecUir» to Ih; an- ni\nlly elected li> ballot. Directors not to tBlcc contracts uniliT the conipa- ny. VacHncy, how flUed. Directors to uct until now ones n\\- |>ointeil. (;ompany nmy sell additional shares. Directors may borrow money on mortgage of real estate, or sell do. BesUictions. PRIVATE AND LOCAt ACTS in the company unless ho be a member of some temperance society m the county of Hants. ^ 11. K\, each annual meeting seven directors shall be elected bv ballot m the following manner, viz : three of the seven who have served during the past year, if willing to serve again, shall be first elected, and the remainder shall then be elected from amonc the shareholders indiscriminately. ** 1-'. No person interested in a contract under the company shall be elected a director, and no director shall take a contract under the company. ^ 13. If any director shall die, resign, or become disqualified or incompetent, the remaining directors shall, from among the share- nolders, elect another director in his stead. 14. If in any case the annual meeting shall not be held the directors shall continue to act until new directors are appointed li>. Ihe company may sell additional shares, from time to time as may be necessary, and the purchasei-s thereof, shall be entitled to all the privileges of sharchoWers. 10. The directors may with the assent of two-thirds of the shareliolders to be given in writing at any general or special mee- ting regularly convened, and not otherwise, borrow on mortcaceof the real estate of the company, such sums as may be necessary for the uses thereof, or absolutely to sell and convoy the same if (teemed expedient, and to execute the deeds necessary for such pur- 17. The company shall not lend money by way of discount or otherwise engage in any banking operation, nor efiect any marine liie or fare insurance. "^ ' 13 Vic, Chap. 19. AN ACT TO INCORPORATE A TEMPIORANCE HALL COMPANY AT SYDNEY, CAPE BRETON. Company incor- porated. I'aasea 28tli March, 1850. 1. HhU enarted, clfv- -The following persons residing in the county ot Cape Breton, that is to say: Henry V. Brown Alfred F^ Hahburton, William Turnbull, George E.^BurcherJohn G McKenzie, James P. Ward, Edward Liscomb. Donald N Mc: Queen, Samuel Richardson, and such other persons as shall become proprietors of shares in the company hereby established, and their respective successors, executors, administrators, and assigns are hereby createt a body corporate, by the name of "the Sydney temperance hall company," and by that name shall have perpetud succession and a common seal, and may sue and be sued OF iVO^A-SCOTIA. 2. The company may tak^ffd hold real and personal estate and may sell, lease, mortgaggor otherwise deal with the same, sub- ject to the restricti9n8-irereinafter provided, and may, at any ge- neral meetir^j^aunce bye-laws and alter or amend the same, which when not^ugnant to the laws of the province, shnll have force ^ af. The capital of the company shall be divided into shares of one pound each, which shall be assignable as may be provided by the bye-laws, and which, notwithstanding the company may hold real estate, shall be deemed to be personal property. 4. The subscribers shall pay the amounts subscribed by them towards the undertaking at the times and places directed by the hye-laws, and if any person shall not pay the same as so directed the company may sue therefor, but the company shall not compel c2ts of • * **^ ^^^ "''''"*^ ^^''^ *^^ ''"*^""* °^ ^"^ ^^"'■^^ ^"""^ v,'Ii Z^-? Jj'?* ^^^^i" ''^ property of the company shall be alone liable tor its debts and engagements, and no shareholder shall be in any way responsible for more than the amount of the shares which he shall actually hold m the company. ^.l' e^'^^ T^ ^^^''^^. ^^ *^'^ company may be taken upon any writ of execution issued on a judgment entered against the company, and may be sold and conveyed by the sheriff, in the same manner as in the case of the lands of private persons. il, J; '^^^ f "^'■^^ ''"''"*,^ ™^^*'°S ^^ *^^° company shall be held at the town of Sydney on the first Monday of March in every year alter the present year, the place and hour of meeting to be notified to the company by public notice posted in at least three public places in or near the tow-n of Sydney for at least ten days previous to the meeting, by the directors, who shall also summon special meetings when they deem necessary, or whenever there shall be dehvered to the board a requisition therefor in writing, signed by twenty shareholders, and specifying the object of the meeting, anJ TZ'Jr r'iK^' ol^,ect of the meeting, and the time and place of meeting, shall be published as hereinbefore directed in the case ot a general meeting. r.I-{ 11^*11"^ T^*'"S f *^? company every shareholder who has paid all calls on him maxle, then due and payable, shall be entitled to vote either in person or by proxy, in manner as maybe directed by the bye-laws as follows : the owner of one share slmll have one vote, the owner of four shares shall liave two votes, and the owner ot eight or more shares shall have three votes. 9. At the meetings of the directors each director shall have one vote only and every question shall be decided by a majority of the vot«8 of those present, and if the votes shall be e(,ual, the president or in his absence the chairman of the board, shall have a casting vote in addition to his own personal vote. rJilf ♦t' '"^^ ""^^^u *^- ?"-'''''"§ ^^ ^^'"' ''^t ^ «^ay be deemai ex- pedient the persons herein named, or an/ three of them, shall, by 107 Company may liolil real and per- sonal estate. fnpitalofthe cimipany. Co.npanymaysue tuv MuliHcriptioim. Responnibillty of sharelioldem. Real estate may lie taken under execution. .Meetinps of the coinpany. Votes of sharehol- der« at incetlnpi. Votes ofdirectora. thirst general mee- ting (if company, appointment of officers at, *c. 108 Election of dirw. tors. No one rontrno- tinjr with cDiiipa- iiy to lie a direo- tor. Vacancy in direc- torship how to be filled. Directors to con- tinue in olGce. Company authori- zeil to sell further (hares. MortRajre and sale of property of cor- puratiiiii. Restrictfons. PRIVATE AND LOCAL ACT3 advertisement posted for ten days previously in at least three pub- lic places in or near the town of Sydney, appoint a day and place tor the tirst general meeting of the subscribers, and at such mee- ting a chairman being chosen from among the subscribers present with a secretary, the company shall be organized and go into ope- ration, and shall elect seven directors, who shall choose one of their number by ballot, as president, and who shall also appoint a secre- tary, which officers shall continue in office until the first annual general meeting, and thence until a new choice of officers be made by the company; but no person shall at anytime be eligible to hold office in tl- company unless he be a meml)er of some tempe- rance sootety 111 the county of Cape Ereton. 11. At each annual meeting seven directors shall be chosen l)y ballot, m the toljowing manner, namely : three of the seven who have served during the past year, if willing to serve again, shall be first elected, and the remainder shall then be elected from among the shareholders indiscriminately. 12. No person interested in any contract under the company shall be elected a, director, and no director shall take a contract un- der the company. 13. If any director shall die, resign, or become disfjualified or incompetent, the remaining directors shall, from among the share- holders, elect another director in his stead. 14. If in any case the annual meeting shall not be held, the directors shall continue to act until new directors are appointed. 15. The company may sell additional shares from time to time as may be necessary, and the purchasers thereof shall be entitled to all the privileges of shareholders. 16. The directors may, with the assent of two-thirds of the shareholders to be given in writing at any general or special mee- ting regularly convened, and not otherwise, borrow on mortgao'e of the real estate of the company, such sums as may be necessary for the uses thereof, or absolutely sell and convey the same if deemed expedient, and execute the deeds necessary for such purposes. 17. The company shall not hold at any one time real estate beyond the value of three thousand pounds, nor lend money by way of discount or otherwise, nor engage in any banking operation nor effect any marine, life or fire insurance. f ! f ' ,/ , nor r' il ■'.■9^itt OP NOVA-SCOTiA. 100 AN ACT TO INCORPORATE THE LUNENBURG TEMPERANCE HALL U Vio, c.„.p 3,.. COMPANY. Vaaaed 7tli April, 185). Vanii'-- iif mein- nl ff- 1 ^''"ff^' i?*'^— The reverend James C. Cochran Robert Lindsay, John Joseph Rudolf, and such other persons a shall become propnetors of shares in the company hereby est - bl^hed, shall be a body corporate by the name of the " Lunenbur.. rcSrat'LiTurT' ' ''' ''' '"^" '' '''-''"' ' *^™^^- of two tWnT^ir ''^' '"' '''''' ""'' ^^^^^^^"S the value u™.... be^a dir^cZ'Tnd nfr'*"? '" u T^f '* "'^*^''' *^« ^^"^P'^^y «h^» ^'-'- "«' DC a director, and no director shall take a contract under the com- ''""""«!"' IJuiIl Vs (■otnpany. pany, 4. The thirteenth section of the eighty-seventh chanter of tbo n «7 ,., . revised laws, passed during the presen? session, sLll not extend to -'•■-"^.- "^^ the company hereby established. »""'^ • AN ACT FOR THE REGULATION OP BENEFIT BUILDING SOCIETIES, l^ vic. Cap. 42. Passed 31st March, 1849. Whereas certain societies, commonly called buildin.? soniptipc .. ,. have been established in different parts'^of the unked Lglrn'of " (^reat Britain, and in the provinces of Canada and New Brunswick prmcipally amongst the industrious classes, for the purpose of rai- sing by small periodical subscriptions, a fund to assist the members thereof in obtaining freehold or leasehold property ; and itT cxne dient to afford encouragement and protection to Lch sode ties ami the property obtained therewith in this province • lawful t IJiZt'LT""'""^' ^''-V.^^"* '' '^"^^ '^"^ ^^y be Fom,at,o„ofOu,,. lawtul tor any number of persons, in ths province to form them- '^"'« ^»«='«"«»- selves into and establish societies, for the purpose of ra sZbv the inonthly or other subscriptions of the several Ambers of fuch so- c^eties,share8 not exceeding the value of one hundred and fifty pounds for ea*h ; such subscription not to exceed in the whole twenty Z enawmg each niomocr thereof to receive out of the funds of such society the amount or value of his or her share or shades thereTn, ./ 110 PRIVATE AND LOCAL ACTS Proviso. kuK: r^r *° «Jft or purchase one or more dwelling house or dwelling houses gage to such society until the amount or value of Lis or her shares hall have been fully repaid to such society, with he Uteres act and tot" "'* ^1 fP^^T* ^0*^0 express provis. .. Vth^ act, and to the general laws of this province, and to impose and .nflict such reasonable fines, penaltiesf and forfeitures u3the 'e S rX r;/ '''' r^ "^'^*^ ^'^« «^^» offend against any such rules, as the members m. y think fit, to be resnectivelv mid rules shall direct ; and also from time to time to alter and amend such rules aa occasion may require, or annul or repeal tie sTme ana to make new rules in lieu thereof, under suc?re tri tions S orb? '^If.rfr'^''^''^ -• P^°^'^«^ th^t °« niember sha receiv^ or be entitled to receive from the funds of such society any iSt or dividend bv way of annual or other periodical proi, upTany shalTir ', '"''f^' r '"^ '^' ^^"'^"^ «r ^«1"« of his or h^share W n^ '.• ''V'f '''^; «^««Pt on the withdrawal of such mem! ber according to the rules of such society then in force. ^J3i tU"^. V« -. It shal and may be lawful to and for any such society to >8ft7 c. /i» have and receive from any member or members fhereof, Zlnm ^l ZTJir"""^^^ r^ '^ ^'^"^^ «" «»y «^*re or sh^reTfor "he privilege of receiving he same in advance, prior to the samebeina reahzed and also any interest for the shar^ or shares so Sved on TanrofWf > "' being subject or .i.ble on a«?oSh tf 'i^Xl^ti^^'z:;. ^"^'^^ ^■'"^^^^ '^ ^"^ -' - -^ of 3 Itshail and maybe lawful to and for any such society in and by the rules thereof, to describe the form 0? forms of con;ey" ance mortgage, transfer a^^reement, bond, or other instrument which may be necessary forWying the purposes of the saJd so- ciety into execution, and which shall be specified and set forTh in a schedule to be annexed to the rules of such society, a^d duly er' tified and deposited as hereinafter provided. ^ r«Te7forapp;ovai ^ ,^; Tj^.transcripts, fakly Written OH paper Or parchment, of all countersigned by the secretary of any such «««fitai» accomm- 5^^«^ affillVo? r '^r -^^-^'^onor am^endmenTTS's, wTtK ^^ affidavit of the society, or one of the officers of said soc ety that the provisions of this act have been duly complied with s£ll t submitted to the governor, lieutenant-governor, or comm^der ^ ch^f for the time being, and the executive council; and one of such transcripts, when approved by the governor, lieutenant-eoye?- Bonus on aharea ■ad interest. Forms of oonvej*' aiices, irunsferfl, &c. Submission of / OF NOVA-SCOTIA. Ill mses, [flort- hares terest here- time ;itute *^ern- Qem- !0 as this and > se- any paid 3uch lend ime, 3 as eive rest any lare em-,^ cUitU • to um the ing ion eof 3 of in ij- mt so- ld )r- ill ad a- at )e in of r- 9aei£/y nor, o|' commander in chief, and executive council, with a ccrtifi- cate/)f approval, signed by the provincial secretary, shall be re- tuj^ed to the society, and the other of such transcripts shall bo ..^ . transmitted by the socifitv to the clerk of the peace for the county ^/'^aV^SoCA/ , wherein such society shall be formetir('cn hidiviiliuil.-^ and 8ix;ii;ty. I ■^ ^f 114 PRIVATE AND LOCAL ACTS S^ 1 f 1^ such order therein upon henring all ^.:;\ IF i court in their discredon ^^^^t^.^^^ I £ and conclusive, and all assij^nmenta sales and tr wfo VLo pursuance of such order shall Ik, good an.l eflectual in Lv to a intents and purposes whatsoever ' v.;;t;:r!;i.„;:r; „Jt,„,l^''f' ""^"" *'*^t"' "' ""yporson seized or posseH«ed of any lands, tenements or hereditaments, or other p-opert v o. u v ta or interest therein :,s a trustee of any suel/sodet?; i";^ outot the jtmsdiction of, or not amenable to, the pr.i s of tW sounu miml, or t shall bo unknown or uncertain whether ho or slio be hvmg or dead or such person shall refuse to Convey or otho ! w.He assure such lands or tenements, hereditaments or iopertror Sv [n tEl'^l '\r''^ ^'"'^ "^""'""^^^^ - trulteJ of ^ud society in their stead, either alone, or together with anvcontinui.i.r trustee, as occasion shall require, then,°and in ev 7or'mv su h case, It shall be lawful for the said court, or one ^ Inures thereof m vacation, to appoint such person as to such cou or S e shall seem meet on behalf and in L name of the person se id or possessed, as aforesaid, to convey, surrender, release as ^f or otherwise assure the said lands, tenements, hereditamems or ,ro pcrty, or estate, or interest, to such truste so dulTSna e, ' aforesaid; and every such conveyance, release, sun-eS S^ ment or assurance, shall bo as valid and effectual to all nUnUs £ LTto't?f '^ '^' ^'f\ ^^'"S «"* ^^ the jurisdiction or n^.r nable to the process of the said court, or not known to be al vc or having refused, or as if the person being idiot, lunatic or of un om niind, had been at the time of the exefution'thereof of sane Lj SclXd ""^^^«^"^'"«"' -^ ^-^ ^y fai-self or hersTexeS H^y^n!^^: ^Jlf, ^'1 i^^} '^"•l heritable property, monies, goods chattels St^' "«^"' ^^i*? effects whatever, and all titles, securities for money or other obligatory mstruments and evidences, or munimenrand al o ol effects whatever, and all rights or claims beloS to or /rid bv such society, shall be vested in the trustees or tr °asu°rer of suctJ;^ cie y or the time being, for the use and benefit of such soS e v and the respective members thereof, their respective e"e utl T^ «nT'T*'';'n T'"'^°° *" '^''' ^^«P««tive chims andTnt^ests rS':r.r !" .ffthf ^'''V' T'''^ '^ anyTrust^ee or trea u e s ali .....e.., vest m the succeeding trustee or treasurerVor the same estate o interest as the tormer trustee or treasurer had therein and sul) ject to the same trusts, without any assignment or conveyanc; I^tT'-r-*^ t' ^''•"" ^""'^''^ of action or suit, as well Trid! nal as civil, m law or m equity, or in any wise touchin^or conce,! nmg the same be deemed and taken to bo, and shall in°every such proceeding, where necessary, be stated to be the propei3 the person appointed to the office of trustee or treasurer of suclfsocietv for the time being in his or her proper name, witLut LtherT cription; andsuch person shall, and he or she iUerebyrpec^^^^^^ ned, ns to Hurh ler shiill be fiiml insfors niiulc in il in law, to nil or possessed of )ropeity, or any society, slmil ho ( process of tlie natic, or of nn- lietherlie orslio •nvey, or otlier- or property, or trustee of such any continuing Ty or any such I of the judges court or judge icrson seized or !asc, assign or nients or pro- ■ nominated as render, assign- all intents and 3n or not ame- to be alive, or or of unsound of sane mind, herself cxecu- oods, chattels Jney, or other and all other to or had by ■er of such so- such society, executors or nd interests ; 'asurer, shall ime estate or iin, and sub- • conveyance s well crimi- ig or concer- 1 every such perty of the such society t further de- respectively U5 OF NOVA-SCOTIA. ftuthori/cd to hring or defend, or cause to bo brought or defended, any action, suitor prosecution, criminal as well aa civil, in law or in e(|uity,^ touching or concerning the projwrty, right or claim afore- said, of or belonging to, or haf goods of such person on whom such order shall have been made, oi by other legal proceeding, together with such costs as shall be a-AMvdcd by the said justices, not exceeding the sum often shillings, and also tho costs and charges attending such distress and sale, or other lo2i. irocoeding, returning the overplus, if any, to the owner ; and on doii: peace shad county ga'.l as to thci.'i >sH '< ■ !ch distress being found, the said justices of tho !'., • 111 sue', person m proved to have offended to the h: 'c'. ■ period not exceeding three calender months, U'; sc.!m fit: pi'f itied nevertheless, that nothing herein contuiiied hv.^A prevent the said society from proceeding by OF NOVA-scnxrA. 117 cccaflod inoin- a'li out of tlio (' Muiiie lit any tliu ruloM iukI licrc iH'iii^ ii(> lid truHtOfs or ay and divido I to the effects tioii. ind iiiipositioii r or any other ) n ui('nilK.'r of or assignee of hatcvcr hIiuII, ulently obtain irt thereof, or ongin^ to said which oflenco ich society, it ny within the ton complaint non such jtcr- ) appear at a. wn his or her m oath of the 1 for any two md dctcrniino society, con- •f such fraud, ird double the ithhcld, to bo irposes of the Tauded, togc- [ justices, not )erson against lum of money the said o\ ■ sr their handn 8S and salf r»* been made, or ! as shall bo 'ten shillings, s and sale, or to the ow ner ; ustices of the ffended to the jnder months, that nothing jroceeding by lci|il-lli. ■« nf|«uii' iiihll'iiirliti-.iih.ii Ulii'tlon iifurlii indictment or complaint against the party complained of: and pro vid«'d also, that no fwrty hIuiU Ik- proceedrd ngniiist by i, .lictniont or fonijdaint if a previous eonviction luisbeeuubtainetl for the dUliH) oflenco under the provisions of this act. IH. Provision shall bo miido l)v one or moro of f!io rules of k,,,,., , , every such society to Iw contirnied as required by this act, Hpcciiy- ,',',',;!,,^'|',„;"I';; ing wheMiur a reference of every mutter in disp\Ue between any Hueh society, or nny person acting under them, and any individual member thereof, or persons claiming on account of any tneniber, shall Ik' ma lo u. h'k h of her majesty's justices of th<' peace as may act .'1 'nd for the county in which such society may be formed, or to arMtratnvs to be appointed in manner hereinafter directed : and if the matter m in dispute shall be referred to arbitration, certain ar- i.iirators shall bo named and elected at the first nieetin" of such society or cQumjittsiu thereof that shall Ik) held after the enrolment of Its rules, none of the said arbitrators being beneficially inter- ested, directly or indirectly, in the funds of the said society, of whom a certain number, not less than three, shall be chosen by r„.,.,i„„„r..r.„. ballot in each such ca.se of dispute — the number of the .said arbi- "■»'"". ^ti. Aic trators and mcxle of ballot being determined by the rules of each Bociety respectively, the names of such arbitrators shall be duly entered in the book of the .said society in wliich the rides are en- tered as aforesaid ; and in case of the death or refusal, or neglect of any or all of the said arbitrators to act, it shall and may belaw- ful to and for the said society or fiommiUcD thereof, and I hey are hereby re«[uired at their next meeting to name and elect one or more arbitrator or arbitrators aforesaid, to act in the place of the said arbitrator or arbitrators so dying, or refusing or nec••*'** ^V^?«-«»«J"**-?»t«!!*n^ vc,-»c. y^a^-y, <;. 21. The rules of every society shall provide that the trustees treasurer, or other principal officer thereof, shall once in every year at least, prepare or cause to be prepared, a general statement of the tunds and effects of or belonging to such society, speciiyinriu- estdtss sud otli§r hc-feditaBiexits, TrLich have bcca heretofore set T^nds, ?:c., «eta- part for military ilofence, &c., to 'ring to any per- 5 masculine gen- iclude, and shall s one person or be something in ion. lied, at the pre- IG TO HER MA- [E IN THE PKIN- JEPARTMEXT. states and other s been set apart nder the charge ordnance, or of r the time being, icssuages, lands, s province have 3 department of 1 have been con- her majesty and successors, and laid department, der of her ma- ay be expedient snts, estates and } service of the ra time to time, fcctuating such essuages, lands, idy set apart or ' or for the ser- her messuages, !, that may be mpied by or for i in the princi- leing. ately from and ids, tenements, heretofore set OP NOVA-SCOTIA. apart from the crown reserves and estates, and placed under the charge of the officers of the said ordnance department, or of the governor or iieutenant-governor respectively for the time bein^. for military defence, or wliich have been heretofore purchased or Taken by or m the name of, or by any person or persons in trust for her Dinjesty, or-her royal predecessors, and her or their heirs and suc- cessors, for the use or service of the said ordnance department or tor military defence, or which have been used or occupiecl for those services by whatever mode of conveyance the same shall have been purchased or taken, either in fee or for any life or lives, or any term or terms of years, or any other or lesser interest ; and aU erections and buildings which now are or which shall or may be hereafter erected and built thereon, together with the rights, mem- bers, easements and appurtenances to the same respectively belong- ing, sha 1 be, and become, and remain and continue vested in the principal officers of her majesty's ordnance in Great Britain for the time being, and their successors in the said office, accordine to the roHpective nature and quality of the said messuages, lands, tene- t^Zl^T r^ t'' hereditaments, and the seferd estates and i^teicsts of and in the same hereditaments respectively, in trust for her majesty, her heirs and successors, for the service of the said ordnance department, or for such other public service or services as the said principal officers, or their successors in the said office shall from time to time order and direct. ' 2. From and after the purchase and conveyance, grant or demise, or taking thereof, all other messuages, lands, elements estates and other hereditaments, which shalfat any time or times hereafter be purchased by the principal officers of her majesty's ordnance for the time being or by any other person or pe Jns, by their order, or be placed under their charge for the serWce of thi said ordnance department; and all erections or buildings which shall then, or which may thereafter be erected and built thereon with the rights members, easements and appurtenances to the same respectively belonging, by whatever mode of conveyance either into or m the name of, or in trust for her majesty, her heirs and successors, or howsoever otherwise the same shall be purchased or taken, shall m like manner be and become, and remain and con- tinue vested in the said principal officers of her majesty's ordnance tor the time being, and their successors in the said office, according l^tlr T .f "^ T^'^l "^ *^' '^'^ messuages, lands, tenements, es a es and other hereditaments, and the several and respective m cipnlofflcorsnfher miijeKtj'n ord- naiicfi in Great Itritaiii, and their successors. liAnds, ke. fmt- chased hy the principal officers of htrmajcsty'H ordnance to vest in them imd their successors. le 1^ PEIVATE AND LOCAL ACTS fl Vic. Chap. 10. AN ACT TO REPEAL THE ACT FOR SETTLING TITLES IN A CERTAIN TRACT OF LAND IN CAPE BRETON, CALLED THE MIRE ORA^T AND TO SUBSTITUTE OTHER PROVISIONS IN LIEU THEREOF FrMusWe. PMsed 29th March. 1843. Whereas in the year of our Lord one thousand seven hundred and eightjr-seven Joseph Frederick Wallet Desbarres, esquire, thrn governor of the island of Cape Breton, the said island b2ing at that time a separate and independent colony, did by certain letters pa- tent grant a certain tract of land in the said island, containingone hundred thousand acres to one hundred grantees, on certain con- ditions, for the improvement and settlement thereof, and of nav- ment of rent at certain times, and of bearing allegiance to the si vereign of Great Britain ; and upon breach of such conditions the said letters patent were to become void, as in and by the said let- ters patent which are recorded in the registry of the former go- two hundred and seven, and two hundred and eight, will on refe- rence thereto fully and at large appear. And whereas the condition contained m the said letters patent were not, in all cases compliS wth, nor was any ownership exercised by some of the said grantees over the said tract of land, and in the year of our lord one thou^ sand eight hundred and one, certain of the said grantees who wer« resident m the said island being convinced of thf tpi«y of effecting a division of said grant, unanimously prayed the govern- ment then existing in the said island to cause the Jaid grant to Se repealed and the said tract of one hundred thousand teres to be ?r«ntfnf;jf°'^'- -^Vf ^"*^V*'«''^°^ '"^t* obtain separate grants of their original shares, and thereupon su?h proceedings were had beforethe then governor, lieutenant-general Despard Jnd the council of said island, that upon the findin| of a jury empannel ed comphed with. It was adjudged that the said tract'of land was lTa° wWf. fr*"'-:i^''^u'''' '''^'^*^- ^"•J ^'hereas it is doubted whether the said escheat was legal, and whecher certain grants of ZZ ItT^A'"^' !S ^ V"^^^"^"^'^ P^^^d fo»"ded upon the said eschea , and passed by the government of said island, con- 17S/1"^^^ *f S '' thegrantees thereof. And whereas npCl of one tjiousand three hundred persons are settled on said tract of land and now claim to own fifty-five thousand and ninety ac^es of val S t ""^''^ *V^ *H"r** «"^ «"^*^-«'"'- ««••«« are cult? vated, and there are thereon built and erected nearly six thousand houses and barns, and the said settlers on the said t^n^t have now thereon two thousand two hundred and three heads of neat cattle And whereas from the situation of the said tra«t. of land ^d £ 0> 5dVA-SilOTIA. JS IN A CERTAIN HE MIRE ORA^T, U THEREOF. even hundred and 38, esquire, thrn land being at that ?rtain letters pa- d, containing one on certain con- iof, and of pay- giance to the so- 3h conditions the by the said let- the former go- lundred and six, ;ht, will on refe- •eas the condition I cases complied the said grantees lord one thou- antees who were impossibility of ^ed the govern- aid grant to be nd acres to be obtain separate roceedings were )espard and the ry empannelled patent had been if land was lia- } it is doubted rtain grants of d founded upon aid island, con- liereas upwards )n said tract of ninety acres of ores are culti- T six thousand ract have now )f neat cattle- land, and the Act 2 Vic, re- peuled. Persons In posses- sion of lands under the lett«rs patent of J. F. W. Des- barres to hold the same. uneertainty attending the title and ownership thereof, the neglect of the grantees and other causes, it has become of great importance to the settlers and actual occupants of different parts thereof that the claims of all parties interested in the said tract should be de- fined and settled, and that all persons actually settled on the said lands for a certain period of time may be firmly and certainly es- tablished under legal titles in their just portions of the same, and that the remainder of the said tract may be placed in a situation for legal and useful settlement and cultivation, and tranquility be thereby established, and litigation and confusion avoided. And whereas the carrying into efiect the provisions of a certain act passed in the second year of her present majesty's reign, for set- tling titles in the said tract, would be attended with enormous ex- pense and other inconveniences, and it is therefore expedient to re- peal the said act, and to substitute other provisions in lieu thereof: 1. Be it enacted, 6^c. — Repeals 2 Vic., chap, 33. 2. All persons who shall have gone into, and now are in the actual possession of any lands or tenements in the said tract called the Mire grant, under and by virtue of the said letters patent of the said Joseph Frederick Wallet Desbarres, and all persons who shall have gone into, and now are in the actual possession of any lands or tenements in the said tract, under a title derived from any of the grantees under the said letters patent, shall respectively have, hold and enjoy all such lands and tenements to them, their heirs and assigns forever, in fee simple ; or in case of any such derivative title, then such estate or estates in any such lands or tenements as may have been conveyed or passed, or intended to be conveyed or passed under and by virtue thereof, any want of legal form in the said letters patent, or any conveyance thereunder, or any want of partition or division of the said tract among the said grantees, or any forfeiture by reason of non-compliance with the terms, condi- tions or limitations of the letters patent, or any repeal thereof, and escheat of the said lands thereby granted, or any further or other proceedings whatsoever in relation thereto notwithstanding. 3. All grants, letters of license, warrants of survey, or other au grant*, &e. titles whatsover in any lands or tenements in the said tract derived crol^conM' from the crown subsequently to the alleged repeal of the said let- ters patent of the said Joseph Frederick Wallef; Desbarres, and escheat of the said lands, are hereby confirmed and made valid for the purpose for which they were respectively intended ; and all persons claiming thereunder are hereby declared to have a good, legal and valid title to cuch lands or tenements, any illegality or defect in the repeal of the aforesaid letters patent, or of the escheat thereon as aforesaid, or any want of form in any such title, or otherwise, to the contrary notwithstanding. 4. All persons now in the possession of any lands or tenements Persons in pos.*.- in the said tract, claiming to hold the same under and by virtue of ^ thMet"i2?,'""'2! a poaaessiou in themselves, or those under whom they claim prior wnitoUouthOT. to the passing of the said letters patent, in whatsoever way or man- 124 r i KTstins holUiiig for twenty ycHrH aJvcrMi to gran- tccR to retain pos- ■CtSiOQ. The residue of the lands to bo vested io her nuijcsty. Pravuu. In case of a con- flict of title, to be settled by the go- veruor and coun- cil. Suspending clause. Queen'p. assent Kiven. PRIVATE AND LOCAL ACTS S t"'^ 1^^*^^' ^^ '^''**"f ^f •'^"y titl« «r Otherwise, such posses- uH «3 T Tr"''^' ^J'.'^" respectively have, hold aud enjoy, o .Z .h ' """"^ ^'°T"*' ^" '^^ «'"^P'«' °r ^"'''h other estate «; estates therein, as may have passed, or been intended to pass, in and by any conveyance or transfer thereof, any thin^ in this act contained to the contrary notwithstandin-r. ' ^ ^ *'^'' ''''' .>. All persons now in the actual possession of any lands or teue- ments ,n the said tract, and of which such person or such per ons l.irnT^'r"^^?'"*^'^ ^''^^•"' '"^^ ^''^ beer in the^ 3 possession for twenty years previous to the passing of this act ;. Iding he same adverse to persons claiming title Thereto under orCrll'Ir'"''*^''"*''J'*^r« P^-^tent, licenses of occupation to Z« • '"7"^' o"- otherwise howsoever, or holding the same to the exclusion of any person or persons jointly interested therein tl'3h r'fb^-'\'' ^'^^ T^ ^"J«^' «" «"^'^ 1-^1^ "'^d tene- ments to them, their heirs and assigns, forever, in fee simple or Z^:^ZT'\'' ^^*^^^«^^rein fsmay havered to t fern, or I Th! tVr^'' T ^'''^T''''^ conveyance or transfer thereof. 0. ihe title m and to all the rest, residue and remainder of the knds m the aforesaid tract called the Mire grant, not hereTnbefore mentioned and al otted, shall be and become" and is hereby deck! nvlnV'*"^ \^'' "'^j^^^^' ^'' ^^'^« -^l successcrXall or any grant or grants, conveyance or conveyances, acts, ma ters or proceedings whatsover to the contrary notVithstandin^rS^^^ always that it shall and may be lawful for the governo?, lij^^tjrnt governor or commander-ia-chief for the time behig, by and\Sh ?he table claims of all persons now in possession of any part of such residue of the said tract of land, and to order and diLVif he shall 8ee fit so to do, a free grant or grants, or a grant or grant for a less price than might otherwise be required and obtained for such ands of the same or any part thereof to be made and passed o any such person or persons so in possession as aforesaid ^ der ;.>!.« r^' !f f^ T^''* ""^ *'*^' b'*^^'<^«" P^''««ns holding un- der titles derived from the crown, or by virtue of a possession for twenty years or upwards, in and to any part of the said land un- der the provisions of this act, it shall and may be lawful £ the governor, lieutenant-governor or commander-in-chief, by and with itl ^kV^' -"''f "" '"""'=^'' *« «^"J« «»«1^ <^o»flicdng claims upon equitable principles, and in such a manner as shall appear light; and such settlement so made shall be final between the pui tics* 8. Nothing in this act contained shall be of any force or efiect until her majesty's pleasure be signified thereon. nse, such posscs- 0, hold aud enjoy, ch other estate or ended to pass, in thing in this act my lands or tene- i or such persons, er in the actual isijg of this act, ;le thereto under ;es of occupation holding the same iitcrested therein, lands and tene- in fee simple, or assed to them, or • transfer thereof, remainder of the not hereinbefore k hereby decla- ucccsscrs, all or acts, matters or nding: provided L'rnor, lieutenant by and with the jration the equi- ny part of such lirect, if he shall or grants, for a )tained for such d passed to any ons holding un- a possession for e said land, uu- J lawful for the ef, by and with inflicting claims is shall appeal* il between the T force or effect I OP NOVA-SCOTIA. 125 I AN ACTVok SKITLING titles to land in the island of C ,PE 13 Vic, cup. 11, BRETON. Paused 28tli Jlarcli, 1850. 1. He it uiacted, cV'-— All the laws, statutes, ordinances, cus- Lawa.ic.ofc.po toms and usages, which prevailed in the island of Cape Breton, be- M»3oTcima t»veen the year one thousand seven hundred and cifhtv-four and i° ■";" '*'■■' '" the year one thousand eight hundred and twenty. W the date K"'"'' """ when a legislature was granted to the island of Cape Breton, distinct froni the legislature of Xova-Scotia, to the date of the annexation ot the island of Cape Breton to Xova-Scotia, arc hereby declared to have been in full force and effect during such period, and all decisions thereunder and in conformity therewith, are declared legal and shall be maintained for the government of the descent, distri- bution and conveyance of real and personal estate. AN ACT to confirm TITLES TO LAND IN CAPE BRETON. Passed 28th March, 1880. 13 Vic, obap. 41. Proviso. 1. Be It enacted, ^-c— All persons who may have gone into tiuc. oonflrmed. possession of any lands and tenements in the island of Cape Breton under a crown lease, or under a title derived from a lessee of the crmvn holding under such crown lease, shall respectively have, hold and enjoy all such lands and tenements in fee simple, or in case of such derivative title, then they shall hold such a title in any such lands or teneiiionts as may have been conveyed or passed, or inten- ded to have been conveyed or passed under and by virtue thereof- provided always that in any such derivative title the Sal lessee shidl have .ully assigned, conveyed or demised his whoie interest or title in such lands : and provided also that where any grants under the great seal of the province shall have passed, of lands previously contained in a crown lease to a different party than the lessee or any one claiming under him, the grantee or any one claiming un- der him, being m actual possession, shall be held to have the supe- rior title if such grants shall have passed ten years or upw.ards, betore the passing of this act; and provided also, that nothing Herein contained shall extend to the general mining association, or other lessees of any mines or minerals in the island of Cape Breton. 3c: 126 PEIVAIE AND LOCAl ACTS 2 VIC, mt. U. AN ACT FOR APPOINTING TRUSTEES FOR PUBLIC PROPERTT IN. THE TOWN OF PICTOU. VoMva OOUi March, 1839. 6o»crnor fo ap- point thrn record, and certified to the governor, lieutenant-governor or com- mander-m-chief for the time being, it shall and may be lawful for the said governor, lieutenant-governor or commander-in-chief for the time being to nominate, appoint and commission three fit and proper persons, inhabitants of the county of Pictou, to be trustees of public property in Pictou, which said three persons when so no- minated, appointed and commissioned, and such persons aa may be appointed from time to time to succeed them, in manner as here- inafter mentioned, shall be and are hereby declared to be a body politic and corporate, in name and in deed, under the name of V ifu*'""^*^''^ °^ P*^^^'" property in Pictou," and by that name shall have succession and a common seal, and sue and may be sued defend and be defended, implead and be impleaded, in all or any court or courts of law or equity. 2. When and so soon as such trustees shall have been so no- minated, commissioned and appointed as aforesaid, all and singular such lands, tenements, hereditaments and real estate whatsoever which shall have been conveyed, granted, reserved, or by any deed or written conveyance or instrument, may have been dedicated, or may have been obtained, purchased or procured, or for twenty years or upwards shall have been used to or for public purposes m the said town, whether for public slips or landing places, or for public markets, or for the site of any court-house or jail, or pub- lic market, with the houses, buildings and appurtenances thereon or thereto belonging, shall be and become vested in and absolutely transferred to the said trustees; and all such lands, tenements, hereditaments and real estate, to be hereafter procured, purchased or obtained for public purposes in the said town of Pictou, shall be conveyed to, and in like manner be vested in and transferred to the said trustees for the time being, who shall hold such lands tenements, hereditaments and real estate, as are hereby declared to be vested and transferred to them, to and for the common use and benefit of the public, and for the purposes to which the same may have been heretofore applied, or been conveyed or dedicated, or for which the same may have been or may be procured, purchased or obtained: provided always, that nothing herein contained shall extend cr be construed to extend to deprive any peraon or persons or body politic or corporate, of any interest, property, possMsion ) PROPERTY IN OP NOVA-SCOnA. or right, which may have been acquired by such person or persona, or body politic or corporate, under and by virtue of the several statutes of limitations in force in this province, or any of them, previous to the passing of this act. 8. Nothing herein contained shall extend to or affect any burial ground, place or places of worship, college, academy, school or lands belonging thereto, or any piece, parcel or lot of land be- longing to any religious society or congregation within the said town, 4. Whenever any vacancy shall occur in such trust hereby cre- ated, by the death, resignation or absence from the province of any trustee, for two years, it shall and may be lawful for the governor, lieutenant-governor or commander-in-chief for the time beincw< cits is triut*«t. Not to Mtond to Interfere with tba control of court of session). The trustee! to act under the direc- tion of the JujtJcM of the peace. The charges and expenses of trus- tees when allowed by the grand Jury to be assessed u county cbargci. AN ACT CONCERNING TOWN PROPERTY IN DARTMOUTH. Passed 28lh March, 1860. 13 Vic., ehtp. 63. • \ ^eUenactedi^'c— After the first annual town meeting Three trusts, of 'S ifl ^^^'^"'P °f Dartmouth, three trustees of public property ttsen^?h2 siiall be chosen, in whom shall be vested the legal possession of the township of d«. several water lots that have been reserved for the use of the public u^^lT'""' '"" along the shores of the town plot of Dartmouth, and of a certain lot Ot land and school house now known and distinguished as the school ios, lying m the town plot, to be recovered, held and preserved by i / 138 All other public property in Uart- mouth not UDder the claim of nny person to be ves- ted in trufteeB. Truilces to be ap- pointed nt nniiuni meeting. Inhitbtlants at meeting mtiy de- clare for whiit pur- poses property shall ba applied. Governor may ap- point trustees. PRIVATB AND LOCAL ACTS the trustees for the uses to which the same respectively have been reserved and applied,, but the school house and school lot shall be preserved exclusively to the use of schools and education, and noth- ing herein shall exclude the possession and control of the trustees to be appointed under the net passed in the present session for the support of schools if the school house and lot might otherwise come under the control of such trustees. 2. Any other public property in the township of Dartmouth not legally possessed by or under the charge and supervision of any person, shall also be legally vested in the trustees appointed under this act, to be recovered held and preserved by them ibr the uses tor which the same have been granted, reserved or appropriated. 3. Three truiitees shall be annually thereafter apjiointcd at each annual town meeting of the township, and in case of any failure in such annual appointment the trustees in office shall continue until another legal election shall take place. 4. The inhabitants, in town meeting, at any time may declare the purposes to which the town property shall be applied by the trustees, provided those purposes shall not be inconsistent with the uses to which the property has been granted, reserved or le-rally appropriated. ° "^ 5. The governor in countil may appoint three trustees for the purposes of this act to remain in office until the next annual town meeting in Dartmouth. 29Geo.8,ch«p6 AN ACT TO ENABLE THE INHABITANTS OP THE TOWN PLOT OP DARTMOUTH TO USE AND OCCUPY THE COMMON FIELD, GRANTED THEM BY HIS EXCELLENCY THE LIEUTENANT-GOVERNOR IN SUCH WAY AS THEY MAY THINK MO.ST BENEFICIAL TO THEm'. Frnmbie. Whereas his excellency the lieutenant-governor hath f^ranted a certain tract of land adjoining to the town plot of Dartmouth, to the inhabitants thereof for the time being, for the purpose of a common field, for feeding cattle, &c., and as the intention of said grant cannot be carried into effect, without the aid of a law for that purpose : proprietorstd \ , ^^ {^ therefore enacted, c^'c, That it shall and may be SronTheS i^Yl"^ for the proprietors and persons interested in said common of the trustees, tield, to assemble in such place in said town, as the trustees named m said grant shall appoint, once in every quarter of a year, and one or more of said trustees are hereby empowered to grant an or- der for such meeting, directed to one of the constables for the dis- trict Of Dartiuouth, requiring him to notify the proprietors,, and OF NOVA-SCOTIA. m s i Others interested in said common fJeld, of the meeting, and the time and place for the same, which notification shall be given in writinc Dosted up m some public place within the town aforesaid, five days before the day appointed for the meeting, and such and so many of the proprietors and persona interested in said common field, who shall be assembled and meet accordingly, shall have power by a majority of votes, to choose a clerk to enter and record all votes ^no'r.r.d to and orders that from time to time shall be made and passed in said -r\„V're^rd mee ing respecting the said field and the management thereof who t:rZ:::\r shall be Mworn to the faithful discharge of his office, and also to pass ""'"'"^'»'- orders for the managing and improving said common field. And for the better enabling the said proprietors and persons in- terested in said common field, to fence and improve the same • ♦u i'u • ? P'"T'f^°''^ "^"'^ P*^'"^^"^ interested in said common field Tru.uc. i« «„e or iml Z 7 *'"'*''' ^"^ *^' *'"' ^*^'"g '"«y «»e, commence pr^il^^f-^^t anu prosecute any suits or actions, respecting the manatreinent of "■'^^""k""' «"»- said common field, in any court proper to try the same, and in like "'""' manner to defend a 1 such suits and actions that shall be commenced Si fi n' ^"V V'^'^P'^'P^'^^'"" and persons interested in said m.k- or r,i,ing common beld arc hereby empowered at their quarterly meetings to ["""•'J' f"- •'^'■••y order the raising of any suitable sum or sunJoilulytZiln -Kr^"" be by hem thought sufficient to carry on and prosecute, or defend any actions or suits that mey be brought by or against them, or for rn n??!^'"'^ w ''' '"'^"^ging any affairs relating to the said com- mon field, and to appoint three of the proprietors aforesaid, to pro- ETf '"!^ '""1 ^' f"^'' "^ «^'^" ^« ^'^^"g^'t n<^cessa;y to be raised for the ends and uses aforesaid, upon the proprietors and persons interested therein, and to appoint a collector or collectors to gather in and collect the same, which collector or collectors shall be and are hereby fully authorized and empowered to levy and col- lect the sura or sums set and apportioned for such proprietors to Pf ^ir'ri "^'""^ "^°"'''' ""^ *^® collector or collectors in the town of Halifax are empowered to collect the public taxes ; and to pav in the same to the clerk of said meeting, who is hereby empoweVi niT* ""^'T^n ?\'«T"g and collecting such assessments at such times as shall be by them appointed for the payment thereof; and such clerk shall be an m iId not uw ttie vuDi- bo recovered hefore any of hig majesty's Justices of the pcftco for the county of Iliilifux, and to bo disposed ot aa said proprietors shall order or direct, any hiw, usage or custom to the contrary notwith- standing : provided always, that this act, nor any tliiiig therein contained, shall bo construed to empower said proprietors, or the trustees, to alienate said common field or any part thereof, or to as- sess or levy any money on any commoner, >vho shall not use his right of common, or on any commoner, except in proportion to the beaats ho may depasture there, and the benefit he may derive from said commoa field. •»0««.3,clup.2. AN ACT TO ENABLE THE OOVERNOR, LTEl'TENANT-OOVERNOB, OR COMMANDER IN CHIEF FOR THE TIME BEING, TO API'OINT TRl'.S- TEES FOR THE COMMON OF THE TOWN OF DARTMOLTH, ON THE DEATH OR REMOVAL OF THE TRISTEES H()I,I)IN(I THE SAME, AND TO VACATE THAT PART OF THE GRANT OF THE COMMON AFORE- SAID, WHICH VESTS THE TRUST IN THE HEIRS, EXECUTORS OR ADMINISTRATORS, OF THE TRUSTEES NAMED IN THE SAID GRANT, ON THE DEATH OE SUCH TRUSTEES. Proamble, Whereas by letters patent under the great seal of this province, bearing date the fourth day of September, in the year of our lord one thousand seven hundred and eighty-eight, his majesty was pleased to grant to Thomas Cochran, Timothy Folger, and Samuel Star- buck, their heirs, executors and administrators, the common of the township of Dartmouth, situate on the eastern side of the harbor of Halifax, in special trust, for the use of the inhabitants settled and resident in the town plot, or that might thereafter settle and ac- tually reside within the township of Dartmouth, during such resi- dence only, as a common, for the general benefit of such resident settlers, and not otherwise ; and whereas the said Timothy Folger and Samuel Starbuck, have removed from this province, by reason whereof the good intent of the said grant, is in a gicat measure defeated ; and whereas many and great inconveniences may arise from the trust aforesaid, on the death of either or the whole of the said trustees, devolving to their heirs, executors or administrators — for remedy Avhereof : oovcrnor to np- ^- ^^ ?^ cnacicd, <$'c., That it shall and may be lawful for the point truatecs for govcmor, lieutenant-govemor, or commander in chief for the time tliB common at i • . • ^ ", • , n. i "mu Dwtmouth. being, to nominate and appoint fit and proper persons trustees for the common of the town of Dartmouth, which trustees, so nomi- nated and appointed, shall hold the said common on the same terms and conditions as the trustees named in the aforesaid grant, are authorized to hold the saiac, hj virtue of the eaiu groat. OF N0VA-8C0TIA. 131 I" "•M-rilie th« tnial. 2. It shall and may be lawful for the governor, limitenant-go- An.. «„ .h. d^.h verier, or commander m chi pointed. Title to common to t>e In truatees. Treitees to exe- cute deed to the Roman catholic clerirymaD of the part used as a bu- rial ground by the fi assessed the sum of fo^r shuS^°andS eZ da^s'tb^^Jr the season. " — '=r-''"-ej»iiueniar3u lor OP NOVA-SCOTIA. 137 marsh belong- duties thereof, ARSH AT juntyof An- s of the town out of whom sors of such worn to the peace. ipolis for the supervisor ; ] jury shall int three to ccasion may making and marsh, the winting and )erson enti- loney, ma- the money, le supervi- lue of the 1 labor 80 abor of his tred before ch the as- therefor, repair the the party o pay the red. rtisement own, ap- ■age, and autumn ; id of cat- uarsh for 6. The supervisors shall annually appoint a keeper of the marsh, who shall have power to turn out or impound the cattle of any commoner put into the marsh contrary to the advertisement, or over and above the number specified therein, and who shall, in addition to his other duties, notify the commoners personally, or by writing left at their last place of abode, to perform any duties re- (|uired of them by the supervisors under the third section. 7. The supervisors shall have power to debar any commoner from the use of the marsh, who shall not have paid all assessments made on him by the supervisors under the third section, after the jMjriod of their taking office ; and if any supervisor shall not forth- with pay over to his successors any fund that may remain in his hands at the expiration of his terra of office, he shall be deprived of the use of the marsh until such funds shall be paid over. 8. Any inhabitant of the town of Annapolis, not being entitled to a right of common in the marsh, may acijuire such right by p '"■"«» ve;;„rtt!ira2Sn^tX*;i*:irff 'r*^"""' »- time, and at all times hereafter on tU jl^t «' •'""" '""» ^ iron, the ptovince, oT^Sl ^ :" „ f ^y of'thTtrr,'^ *™° Empowered to flu up future vacan- cies. .MAkli HEOUUTIOMS FOR THE M.ANAOEMEST THEHEOF Freaiublu. I'assed 11th January, 1831. A HAVK. jliave river, in 3ae of Lallave je the third, in nd eighty-five, Joseph AVhit- 5r or survivors ust for the use w Dublin, and em side of the lied, up to the !tive heirs and eir cattle ; and I this life, and the vacancies r : I and may be inder-in-chief it and proper rviving trus- esaid George n, which said invested with ;inal trustees eutenant go- rom time to lued absence istees, or, at oper persons of the said or refuse to COMMON TO JllEOF. -ve river, in of LaHave TriiMt«'9 may nn- iiiiiill.v I'lill imlilii' inci'iiiins III NuMT UuUiii. OF NOVA-PCOTIA. jgQ island, was granted by his late majesty king George the third, in the year of our Lord one thousand seven hundred and eighty-live, to Joseph Pernette, Henry Vogler, Matthew I'ark, Joseph Aviiit- ford, George Grieserand John Baker, or the survivor or survivors of them, and their several and respective heirs, in trust for the use and benefit of the inhabitants of the township of New Dublin, and of all those persons who were the . settled on the eastern side of the river of LaHave, extending from l*ark"s farm, so called, up to the falls of the said river, and their several and respective heirs anil assigns, for a common for feeding and depasturing their cattle, and for no other use or purpose whatever ; and whereas it is expedient to give to the survivors of the said trustees, and to such other trus- tees of the said common who may be hereafter duly appointed, and to the persons beneficially interested therein, under the said grant, the power of making regulations in respect thereof, in manner and form hereafter mentior\ed : 1. lie H lerefii, enacted^ ^'c, That such trustees as afore- said of the H I common shall once in every year, in the early part of the spring, convene a public meeting in the said township of New Dublin, of all the inhabitants and settlers beneficially interes- ted in the said common, under the aforesaid grant, which meeting shall be advertised by notices in writing, put up in four of the most public places in the said township twenty days at least before the day appointed for such meeting, and the majority of such per- sons then and there assembled shall have power to adopt such re- gulations as they shall think fit, in respect to the mowing, feeding and depasturing of the said common, the cutting of wood, the kin- dling of fires, and taking of the sea manure thereon, and all other matters touching the use and occupation of the said island, for the ensuing year : and shall also have power to appoint one or more keepers of the said common, who shall be sworn before one of her majesty's justices of the peace, to the faithful discharge of his or their office for the said year, and shall receive such compensation as may be directed >>v the majority at such meeting ; and the said Mcoiinp ompoB-. majority shall also have power to choose a clerk to enter and re- t}^],^". "'It^i,,'"' cord the proceedings of such meetings, and all votes and orders of tioii"^t(r«p|M'i„t the said trustees in respect of the said common during the year, mon?r„i ^r^ and who shall be sworn and compensated for his services as afore- said, and shall furnish copies of such regulations, proceedings and orders to any person or persons who may at any time require the same, and pay him therefor at the rate of six pence for ever^ ninety words contained in such copies ; and the said majority shall likewise have power to fix and impose pecuniary penalties for the b'/each of any of the regulations to be adopted as afjresaid, to be recovered on due proof before any one of his majesty's justices of the peace, with costs, in the name of the said clerk, and applied to the use of the said common ; and may also empower the said keeper or keepers to impound such cattle Jis may be found upon the said impoumiing ana island contrary to the regulation to be aiciopted in that behalf and '*"'°8 <"<»«»«• Proviso. Sea iiiaimii?. Kiicri)aoliinenta or tresjwsses may lie prosecuted. Assessments may l)C miule for neces- sary purposes. Penaltiea llmiteil, Appeal therefrom. Other than annual meetings may be called. PRIVATE AND LOCAL ACTS went m writing and ten days' notice to the owner tlieieof if to be the Z'ZTnffl: """^ "; *^^ ^^'^"* «f ^'^^h sales being held -. ine .sai(t trustees may sue, commence and prosecute anv pecans interested » alresS, and Z„bH f„ t a„"mld 1"' f r.i'^otd'Ji^/.rirsrs.iTr.^^^^^^^^ on and managing of any affairs rplntm« +« *i,« ■ i C'"rying time hereafter nnH rllZ • ^^''^""S *o t"^ said common at any which .aid .„™, « s "Xffiy L s d ?' ™f ti^r 3. The penalties to be imposed for the breach of anv of th^ regulations to be made from tiine to time a. aforesaid sSl in no case be less than twenty shillings nor exceed sixt^ hfliin's fo e-^eli offence; and that such regulations shall not be c/n rtfto the £ of this province : provided also, that any commoner who mav con , ce. ve himself aggrieved by the enforcing of such ^^^'^8^^; of them, may appeal therefrom, on gfving suffic ent s curitv J recognizance to prosecute such appeal before'the nexrsunreme ^ou i or general sessions of the peace, the justices wherTsh" Tl have full power to inquire into and determine the same in a summarv way, or otherwi.se as they shall think fit. summaiy 4. The said trustees shall be at liberty, on giving due notice n<, aforesaid, to convene other meetings besidS the annual meeS of such commoners, at which meetiDg" the majority may ZopTln! of tlio peace, at (of by advertise- thereof, if to be ptiynient of the 'ceu incurred hy ' ess such owners !o the said trus- ales being held, ifyinir such ex- tecs on demand t no regulations 1. weed and sea le said island in do. prosecute any ises on the said or courts coni- Huy actions or lie majority of h annual mee- um or sums of ;essary for the id for carrying ommon at any s hereafter to *'e of the inha- ipportion such upon all the bility, and to the same — and the pay- • be collected ily accounted 1 he shall re- l any of the . shall in no lings for each y to the laws ho may con- ations or any security by ipreme court f shall have a summary lue notice as I meeting of adopt and OF NOVA-SCOTIA. pass such orders cs may appear to them expcv.ient for the present government and regulation of the said common, but so as the same shall not go to the raising of any monies, nor extend beyond the perio^' April for the said county, or at any future sessions, shall give it in j'tv fti«i appro charge to the grand jury then and there summoned, to affix and ''^ ''■' ^'"""^•' settle such regulations as they may think most proper and con- venient to be observed and followed respecting a tract of land lying in the peninsula of Lunenburg, granted and set apart as a common for the inhabitants thereof, to continue for one year from such ses- sions, and such regulations as shall be approved of by the justices of said sessions shall be, and are hereby declared to be the stated rules to be kept, observed and followed, with relation to the said common by the aforesaid inhabitants for and durin J >- i" "'i^ i^ontuiions 7. The said justices in session shall bo, and are hereby cmnow- , , zfso::to:ci:TT ^"1 p-^ities'tobeinflic^n^ri s:.:;i.i:^: person wJjo shall neglect or refuse to obey the rules and re^ul-i- tjons, so to be settled at the said annual sessions of the Zee Y to them shall appear to bcjust and eciuitable: provided tCuchnc nultics to be mHicted shall not exceeVhe sun/of f-or^ 8. An act passed m the thirty-fourth year of the rei-n of his ate majesty k.ng George the second, entitled, an act fle^u? ting tlS Z ^'^"T'^ '\'^'' *"^^"«'"P «f I^unenburg, and°al S hprl " \' r^ '^"^^r^'"''"^ '^''''^^'' «J^^" l'«. «»«(|uire, were duly ap- pointed trustees of aaid conunon, all of whom are now dead : and whereas, the said trustees did permit and authorize six families to settle and cultivate portions of said common, havin-^ allotted about fifteen acres of said common to each of them, l»y leases, for a term of years; and whereas, it is reciuisite. on account of the death of such trustees, to appoint new trustees for the management of tho said common : 1. Hr if //H-n/orf! enarftf/, iS,'r., That it shall and may l)c lawful for the court of general sessions of the pi-ace for the county of Digby, to nominate and appoint three fit and [noper persons, re- siiling in the township of Clare, aforesaid, to ho trustees of tho said common of the township of Clare : and in case of any vacancy among such trustees, l.y death, resignation, removal from office, or permanent absence, from time to time, to supply such vacancy; and such trustees, and their successors in office for the time fjein<' shall be. and they are hereby declared to be. a body politic am? corporate, in name and in deed, under the name of "the trustees of Clare common,'' and by that name shall have succession, and by that name shall and may sue and bo sued, plead and be impleaded, defend and l»e defended, in any court of law or ecjuity or place whatsi ever. 2. In the said trustees for the time being, the legal estate and title of and in said common, shall be and be deemed at all times hereafter absolutely vested for the benefit of the said inhabitants of the said township of Clare. ;>. The trustees aforesaid shall make and execute leases to any person or persons now settled on said common, for any term not exceeding twenty-one years, and from time to time shall renew the same at such rents as may be agreed upon, to be by tl. - said leases made payable half-yearly; and such leases shall suffice to vest in every such person the lot or parcel of said common so Iciised to such person, for the term agreed on, subject to the rent reserved for said term. 4. The price or rent to lie obtained for the said lots or parcels of the said common to be so let as aforesaid, shall bo paid and aj)- plied to the improvement of the remainder of the said common, and of the roads leading through the same. .'). ].«. SIX acres, or thereabouts ; and al.u, a certain tract of land k own as the west common of tlie said tow- of Sydney siuaterl' nnT west s,de of the said Mire road, adjoming th^rTa; Treast ^de of the Glebe and south side of the said old Saint Peter's md or - seryafon for a road, and estuuated to contain six hundred a^res or" thereabouts— both of which tracts are marked .,,.n!i7 respectiydy, on the pi .s in the oVc;%rtKu r";^ ' ^^^^^^^^^ Sydney aforesaid: but neither of the said tracts has befn ne™! nently set apart as a common for the said town of SydSe^y Tnd trespassers haye been from time to time encroaching upon tYe sa^d S^trestSsT ""f ''''''''''"'' ^^^°"' -' it is there "e ject to such apportionment of Rny nnrf ♦>>— <^ »- - • - iiereunder. " ■' ^"' ^""■"^-'^ 2» "'s*/ oe m&a% 19 Master to be up- polDt«d. The title of the common to vei-t in the ti'iutees. PRIVATE AND LOCAL ACTS Proviso. Trustees autho- riied to lay oil' cemeteries. 2. It shall and may be lawful for the governor, lieutenant- governor or commander iii chief, for the time being, with the ad- vice of the executive council, to nominate, appoint and commission, five fit and proper persons, inhabitants of the said town of Sydney, to be trustees of the said commons ; and in case of any vacancy among such trustees, by death, resignation, removal from office or permanent absence, from time to time, to supply every such va- cancy ; and such trustees and their successors iu office lor the time being, shall be and are hereby declared to be, a body politic and corporate, in name and in deed, under the name of '• the trustees of the Sydney commons," and by that name shall have succession and a common seal, and by that name shall and may sue and be sued, implead and be impleaded, defend and be defended, in any court of law or equity, or place whatsoever. 3. The legal estate and title of and in the said hereinbefore mentioned tracts of land respectively, and of every part thereof, with the appurtenances, shall be, and the same are hereby abso- lutely vested in the said trustees for the time being, for the benefit of the inhabitants of the said town of Sydney ; and such trustees shall have the exclusive management and control thereof, and shall and may execute any lease pr leases thereof, as may be deemed ex- pedient, and shall and may apply the rents thereof 'respectively, or such parts thereof as they may deem advisable, to the improvement of the remainder of the said commons : provided always, that no- thing herein contained shall extend, or be construed to extend, to deprive any person or persons, or body politic or corporate, of any interest, possession, property or right, which may have been ac- quired by such person or persons, body politic or corporate, under and by virtue of the several statutes of limitations, or any of them in force previous to the passing of this act : and provided also, that such trustees shall not have power to execute any conveyance or lease of such lands, or any part thereof, other than for the 'purposes hereinafter mentioned, for any longer period than twenty -one years. 4. It shall and may be lawful for such trustees, from time to time, to lay off and apportion gratuitously, so much and such parts of the said lands as they may deem proper, as and for cemeteries or burial grounds in connection with the different religious denomina- tions in the said town of Sydney, or as and for a public cemetery or burial ground for the use of such town ; and to make and exe- cute a deed or deeds of conveyance, in fee simple, of any such lands so laid off and apportioned, to such person or persons as may be appointed for that purpose by such different religious denomina- tions, or such declaration or declarations of trust in relation to the same, as may be necessary to convey and assure such lots respec- tively, for the purposes for which they may have been so laid off and apportioned : provided that no greater quantity of land shall be so laid off as and for a cemetery for any one religious denomina- tion, or as and for such public cemetery, than five acres for any such purposes respectively. j4 nor, lieutenant- ig, with the ad- ind commission, own of Sydney, of any vacancy 1 from office or every such va- ifice lor the time )ody politic and i' '• the trustees have succession nay sue and be efended, in any lid hereinbefore ry part thereof, e hereby abso- for the benefit d such trustees ereof, and shall r be deemed ex- respectively, or le improvement Iways. that no- d to extend, to •porate. of any' liave been ac- (rporate, under or any of them vided also, that conveyance or )r the purposes snty-one years. , from time to and such parts r cemeteries or ous denomina- iblic cemetery make and exe- , of any such lersons as may ous denomina- relation to the 3h lots respec- een so laid off of land shall )U3 denomina- acres for any count. OF NOVA-SCOTIA. 5. The said trustees shall annually submit an account of all Trusts. to, monies received and paid by them under and by virtue of this act " ■"" to the general sessions of the peace for the county of Cape Breton' for their approval : and such general sessions of the peace shall and may. if they shall think proper so to do, order and direct any balance, from time to time, in the hands of such trustees, to be ap- plied to such purposes as they may think piopcr for the benefit of the inhabitants of the said town of Sydney. 147 AN- ACT TO ENABLE THE INHABITANTS OF WIXDSOR TO ENCLOSE 2 Vic, chap, 21. THE PUBLIC niRIAL fillOUND THERE. Piissc.'d SUth March. 1839. Whereas there is a public burial ground at Windsor, which is a Preamble. general burial place, not belonging to any church, or under the control of any peculiar denomination of christians, and it is ne- cessary to provide for its proper order and keeping, from the general contribution of all the inhabitants, more particularly as such burial ground is the usual place of interment for paupers : 1. Be it therefore enacted, t^'-c. That it shall and may be law- *;?f*hoM.rB of ful for the freeholders of the township of Windsor, at any of their "-erfor'TenclV meetings, to vote money for the support of the poor, in addition to ^^"^"^ the money required for the support of the poor, to vote so much money as they may think proper and necessary for the fencing and due order and keeping of the said burial ground : which money so voted for such purpose shall be added to and assessed, levied and col- lected, with and by the same noans, under the same regulations and penalties as other monies which shall or may be voted at the same meeting and when collected, shall be applied to the purposes for which the same shall have been so voted. AN ACT FOR ESTABLISIIINO A PLBLJC CE.METERY IN THE TOWN »V.c.,ch.p ,J OF YARMOUTH, AND FOR OTHER PURPOSES. I'UHsed imii March, 1842. and^stT~*'''^'"'5.T^^''^°"" ^^'''''^''^ ««^«" l^^n^^red Pre.«b... and sixty-seven a grant of the township of Yarmouth was made in one hundred and fifty shares or rights of six hundred and sixty- disn^rd nTh '7/'r" '! ^'^'"^ '^"^'^'^ "'• '■^e^*^ were reserved to be disposed of by the beutenant-governor or commnnd^r in nbi^f for the time being, for the public uses ; and whereas upon one of the 143 PRIVATE AND LOCAL ACTS wid shares or lots so reserved on the east side of the harbor of Yarmouth, now within the limits of the town proper of Yarmouth the inhabitants erected a place of public worship, which was occu- pied for some years by the presbyterians, and has subsequently been principally used by, and is now in the occupation of the ban- ' tists ; and a portion of such lot has also from the first settlement of said township been used by the inhabitants, generally, as a pub- lic bunal ground-there being no other burial ground within the limits of the said town, except one belonging to the church of Jingland ; and whereas in or about the year of our Lord one thou- sand eight hundred and thirteen, a grant was made by the govern- ment ot this province of the greater part of said lot for a church of England glebe, eavmg another part thereof in the possession of one Tristram Studley, and the remainder of said lot being about five acres Avas m and by the said grant directed to be reserved for the use ot the dissenters, in whose occupation it had been from the earliest settlement of the township as aforesaid ; and whereas there are no persons properly authorized to take charge of the said burial ground, and in consequence thereof the fences enclosing the same are constantly out of repair, and the graves and tombstones trampled upon and injured by cattle running at large over them and It 13 therefore desirable that such burial ground should be de- clared a public cemetery, and that trustees should be appointed to take chai'ge thereof: 1. Be it therefore ermcted, ^c— That the said burial crround shall and the same is hereby declared to be a public cemetery or burial ground for the use of the inhabitants of the said township of Yarmouth, without any distinction, under and subject nevertheless to the iestrictions and regulations hereinafter contained. 2. It shall and may be lawful for the governor, lieutenant go- vornor or commander-in-chief for the time being, by and with the advice of her majesty's executive council, to appoint and commis- sion, during pleasure, three fit and proper persons, inhabitants of the said town of Yarmouth, to be trustees for the said cemetery or burial ground ; and upon the death, removal, or refusal to act of any one or more of the said trustees, it shall and may be lawfulVor the said governor, lieutenant governor or commander-in-chief by and with the advice aforesaid, to appoint and commission some fit and proper person, being an inhabitant of said town, to supply every such vacancy ; and such appointment to renew whenever neces- sary, so that the said trustees may always continue to be three in number. .... ..„., 3. The ground on which the hereinbefore mentioned meetin<» ".^„r,^r'r house stands together with the space around the same, included t«ciinthepro,.rie. Within the foUowmg limits, that is to sav : to extend thirty feet north and thirty feet south of said meeting house, and back one hundred and twenty feet east, from the main road, shall bo and the same is hereby absolutely vested in the proprietors of the said meeting house for the time beinw. PabUc ecmeteiT. nmteet ap pointed. The lot on which tors thereof. tt NOTA-SCOHA. 4. Such part of the said lots, so reserved, as h"e reepecUvely to the northward ana southward of the space hereinbefore vestecf in the proprietors of the said meeting house, and to extend back one hundred and twenty feet east from the main road, shall, and the same are hereby respectively declared to be public streets, and shall and may hereafter be used as such. 5. The said trustees hereinbefore appointed shall, and they are hereby authorized and empowered to take charge of all the residue and remamder of such part of the said lot so reserved for the use ?;i. ^T'i^'' "^ f T"i*^' *^^ *^ ^^y °"* ^ street across the front of the lo near the harbor, and to sell and dispose of the water lots thereto belonging to the best advantage, and to make and ex- ecute a deed or deeds to the purchaser or purchasers thereof of the whole estate therem,in fee simple-which deed or deeds shall be deemed, held and taken to . a good, legal and valid conveyance or conveyances to the said purchaser or purchasers, in fee simple and the monies arising from such sales shall be app ied by the Lid trustees for the repairing the fences around the sa d cemeiry Zd keeping the same ir : :,per order. •^' 6 The said st .; to be laid out across the front of said lot Bhallnot, in any p.yi ^l.,reof; extend farther to the east^aS Sum nortb^'"^^^''^?','^ ^^^^'^^^ ""«^^*^» betweena pit " the northern side of said lot, not more than one hundred fbet dis- tant from tlie solid bank of the harbor on that side of said o and apoint on the southern side of said lot distant in like manner not srsrofie' rof ^' ''-' '''"^ ''' -'' ^-^ «^ ^^« "or":: .hl{} 'i^"" '"'? *'"'• ^^' ^°' *^*^ *™'' '^«'"g' or a majority of them shall and may from time to time, and at all times as they mav deem requisite, have full power and authority to make and olnaH such bye-laws rules, regulations, or ordinances as they may deem nro- per, ior the due care regulation, ornamenting, and p^-otS of the said cemetery, the same not being repugnant to tirpSonf of this ac : and such bye-laws, rules, regulations or oSiWes upon receiving the assent of the general Sessions of the neace Tn and for the county of Yarmouth, shall be valid, bind ng and ffe- tual; and all penalties, fines and forfeitures, herein fxpres4d or made payable, shall and may be recovered by the said tSes Z their own names, against the party or parties, as debts of the like amount are by law recoverable, and shall be in such manner levkd recovered and received, with costs, if awarded. ^' «. The said trustees may, and they are hereby authorized nnH empowered to enclose the said cemetery and to oroTTl^S su^tantial wall, railingor fence, arouncf Ca^ and to SsS other measures as they may deem necessary, for the preservatS and protection thereof; and to prepare, desi^i, lay ouf ami nlant 149 PabUc Hreeti laid off. The trustees to take charge of lh« remainder for the purposes of this act, and to laj- off a street. Extent of etreet. Trustees to make bye-laws for regu. lating the ccmti- tery. Trustees to en- eloBP and orna- ment the ceme- tery. 150 CcmcUry to be public. Truslcee may sue. PRIVATE AND LOCAL ACTS e *l 1^^% ^^^ cemetery shall be open and free for the interment ot the dead of all classes and denominations of the inhabitants of or persons coming to, or being within the township of Yarmouth' and according to such rites and ceremonies as the friends of the deceased shall thn . proper, without any charge or fee to be paid ' Uierefor, to and foi the use of such cemetery-save and exce^T a tee to be fixed by the said Trustees, not exceeding two shillincs for each interment, to be paid to such trustees, and to be by them ap- plied to and for the use of such cemetery. 10. The said trustees for the time being shall and may sue for and recover, in then- own names, any sum or sums of money that may be due and owing from the purchaser or purchasers at such sale or sales of the said Avater lots as hereinbefore mentioned, or for any fee or tees for any interment or interments which may have been fixed and agreed on by said trustees as aforesaid, in the same man- ner as debts of the like amount may be ordinarily sued for and re- ti Preamblo. 6V.o,,chap.26. AN ACT FOR ESTABLISHING A PUBLIC BURIAL GROUND AT DARTMOUTH. Passed 19th SInrch, 1842. Whereas, by and under the provisions of an act, passed in the last session of the general assembly, entitled, " an act for ref^ula- ting the Dartmouth common," certain persons have been appomted trustees of said common, and the same is now under their charge and control ; and whereas, there is no public burial ground at Dartmouth, and there is a portion of said common suitable therefor which IS of httle value for other purposes, and it is desirable that the same should be laid off as a public burial ground : 1. Be a therefore ert acted, ^-c, That the said trustees of the Dartmouth common now appointed or hereafter to be appointed under the provisions of the aforesaid act, shall set off and allot all that portion of the said common at Dartmouth, lying to the northward of the burial ground occupied by the church of England commonly called the old Quaker burial ground, included within the following limits, that is to say; beginning at the north-west corner of the burial ground so occupied by the church of England and running thence northerly in a continuous line with the western side line of the said church of England burial ground twenty-nine degrees, west tivo hundred and sixty-four feet ; thence north fifty- nine degrees, east three hundred and forty-four feet six inches, until It comes to the old road leading from Water street, in Dartmouth, to the wind mill : thence by said old road until it comes to land Site for burial ground in Darl- mouth. OP NOVA-SCOTIA. owned by Thomas Boggs, esquire ; thence by said lands of the said Thomas Boggs two hundred and fifty-five feet and six inches to the north-east corner of the said church of England burial ground ; thence by said burial ground three hundred and forty-nine feet to the place of beginning, containing two acres and one-eighth of an acre, or thereabouts, which said lot shall be held by the said trua- ''•'"" tees in trust as and for a public burial place for the use of the in- habitants of Dartmouth, except those denominations of christians who have burial grounds attached to their respective places of wor- ship. 151 lOUND AT AN ACT TO AMEND THE ACT FOR ESTABLTSOINQ A PUBLIC « Vic, chap. 47. BURIAL GROUND AT DARTMOUTH. Passed 29th March, 1843. Whereas it is expedient to alter the limits of the public burial Pre«nbi. ground established by the act passed in the fifth year of her pre- sent majesty's reign, entitled, an act for establishing a public burial ground at Dartmouth, and to lay off certain roads in order that access may be had to the different parts of the said burial ground : 1. Be it therefore enacted, S,'c., That instead of that portion Bound, of buriJ ot the common of Dartmouth directed to be set off for a public "'*""'*• burial place by the said act, it shall and may be lawful for the trustees of the Dartmouth common now appointed or hereafter to be appointed, to set off and allot all that portion of the common at Dartmouth lying to the northward of the burial ground occupied by the church of England, commonly called the old Quaker burial ground, included within the following limits, that is to say • boun- ded on the south by a street sixty feet wide, called Stairs' street and on the east by a street sixty feet wide, running along the wes- tern bounds of the lands of Thomas Boggs, esquire, measuring on gie last mentioned street two hundred and sixty-four feet, and on Stairs' street three hundred and forty-nine feet and six inches on the west by a line parallel with the street running along the bounds of the said Thomas Boggs' land, and measuring two hundred and sixty-four feet, and on the north by a line parallel with Stairs' street, and measuring three hundred and forty-nine feet six inches thus forming a parallelogram three hundred and fortv-nine feet six mches by two hundred and sixty four feet. 2. The said trustees of the Dartmouth common shall, and they ro^ are hereby authorized to lay off a road around the said common of the width of sixty feet, commencing at the public landing at Staire' , street, thence to the laud of Thomas Boggs, esquire, thence along 152 PRIVATE AND LOCAL ACTS Sfi^'f/*^' ^f '^^r'^ ^°«g*' ^''''^ to land owned by Edward Foster^ hence along the north bound of the common to^StarS FoKnd tits At '''' '' ''' -^ '-^'-^ -^ W Vie., elutp, 9) Governor to ap- point truiteea. 1 I XhitjrortruiteM, AN ACT TO AUTHORIZE THE APPOINTMEXT OF TRUSTEES FOR THE PUBLIC BURIAL GROUND AT DARTMOUTH. Passed 2Tth March, 1860. 1. Be it enacted, ^c.-It shall be lawful for the governor in council to appoint three persons to be trustees of the pSburiS ground at Dartmouth; and upon their appointment X bur a ground shaU cea^e to be vested in the trustees of the Dartmouth common and shall vest in the trustees who shall be so apS^ and the trustees shall hold the same upon the trust Ld for the nm-I poses mentioned in the act passed in the fifth year of LVmaies^ty's reign, entitled an act for establishing a pubL burial S a partmouth and according to l^he limil specified in the a?t nasa^ m the sixth year of her majesty's reign, entitled, a actt amend the act for establishing a public burial ground at Dartmouth !"d the governor m council shall have powtr to remove or change the tru tees or any of them at pleasure; and whenever an v v« shall occur in the trust by death, resignation, or removal fr^ o? SnV ^'''"'°' '"" """"''^ '^'" ^"'' ^'''' '"^ supply the va- tion; J?i! *''"'*^^' '^^" ^'"'^^ P^^^"^ to make and amend regula- tions for the improvement, protection, and management of the buS ground-which regulations, and any amendment thereof shaU 4 submitted to the general sessions of the peace, and when'approvS of and passed by the sessions, shall be valid and effectual forihe purposes intended. w^ium lor ine • Vlo., Gtup, 81. fnusble. AN ACT TO ENABLE THE INHABITANTS OF UPPER MUSQUED080IT TO ENCLOSE AND ORNAMENT THE PUBLIC BURIAL GROUND THERE. Passed 19th March, 1842. Whereas there is a public burial ground in the settlement of Upper Musquedoboit, which is made use of by thrinSan^ without any distinction, there being no other bu4l 1^^^^^^^^ said settlement, and it is neepss«rv m «r«.:^. *" :.-^°"°^ ^° *"* oo;j - i,*i " I V . .' ^'"e "" ^^^^^ Duriai ground said settlement, and it is necessary to provide for its proper and keeping from the general contrih«fm„ of oii th-^-,"-"^ order itanig ; OF NOVA-SCOTIA. 1. Be it therefore enacted, t^-c, That from and after the nas- sing nereof ,t shall and may be lawful for the Sders of the se tlement of upper Musquedkit, at the first llTu^Zl.t^ the passmg of th,g act, to vote money for the support of the noor to be convene< agreeablyto law, and annually, the^af^r, to nS natj and appomt three fit and proper persons"; being freehoWerin said settlement, a^ a committee to take charge of ^the said bTrid ground at upper Musquedoboit-which committee shall relainfn office unt. the meeting of the freeholders in the next en u ng vear ^e^n^afo^era-r "' ^"^*^^^^*^^ '^' ^"^^ ground dur^ftl'^ convened and held as aforesaid, in'add.ti'on to'tl "^r^^q red for the support of the poor, to vote such sum or sums of money no exceedmg at one time the sum of fifty pounds, as they may ink proper and necessary, for the fencingf ornamenting aldXe order and keepmg of the said burial grouml-which money so voted for such purpose shall be added to^and assessed Sid coHct^l t" S o^fer 'or "Tl' "!!t ^'' ^""•^ regulations and ;t: meeting. '°''' ""^''^ '^^" '' "^^^ ^' ^*>ted at the same bpi'fif ^^1° ''"'^ ^' ^'i'^^ '"''"'^^ """^^^ ^ aforesaid, as well for the a^ the sameTaU £ ''' T"" '^""»\g-'^nd> -e collected and gt Hhkll !.? . r ^ P^'^ °^®'' ^ *^e overseers of the poor who underZ" . I ""^ P"^-"^^^ *" '^^ <'«'»'"'"«« to be appointed under this ax^t the proportion of such monies voted for such burial ground-which proportion of monies shall by the sai'd commktei fnrfnT 1 ^^^ '^'^ ^"""'^^ 8^*^"°^' and be faithfully accounted for to the then next annual meeting to be convened and held ^ aforesaid m the said settlement of upper Musquedoboit 153 Freeholderiloap. iwiiit u I'limmittett to iHko churge of thcl)u:iHl(fruuna. To vote inoii^jr for friiclnif, if. To be |w|(| to and expended by tiM committes uawiaais ; AN ACT TO ENABLE THE INHABITANTS OF THE TOWN^HTP OP r V, . LUNENBURa TO ENCLOSE THE PUBLIC BURIAL GROUND ' '"'"'''' THERE. fassed l9th Maivh, 1842. a 5np'^U *^'' i' ^ P''^"^ J"™^ ^"™^ ^^ Lunenburg, which is Prea.nb,e. coS i ^^ P''r ' °? ^'^°°S'"S *^ '^"y church or under the control of any pecuhar denomination of christians-*and t U n7 cessary to provide for its proper order and keepr from the Jene ral contributions of ^nfh -v-rt;-. -r » ' ■ .""V^^r, _"""» me gene- .hip a, require Jte u^frtCr "" '""™"""' "'" "■" "' '»"- 20 154 PRIVATE AND LOCAL ACTS "Sr-^lTn"" 1 h^?'^ ? therefore enacted, ^'c, That it shall and may be i)urK for the fen- 'awtul tof the freeholdcrs of the township of Lunenburc, at any of • ^."cfr.rrlhtZilLI *!'«''' ineetings to vote money for the support of the p(wr, in addi- fJZ'lIip'" '""' *'°° *° *^® °^°"®y required for the support of the poor, to vote such sums of money as they may think proper and necessary for the fencing and due order and keeping of the said burial ground— which money so voted for such purpose shall be added to, and as- sessed, levied and collected from such of the inhabitants of the said township as reciuire the use of thereof, with and by the same '"^?"s. under the same regulations and penalties as other monies which shall or may be voted at the same meeting, and when collec- ted shall be applied to the purposes for which the same shall have been so voted. 8 ViP., chap. 8, Preamble. 'i Justices at gene- ral sessions to np- poiut trustees for burial grouud. AX ACT TO PROVIDE FOR THE SUPERVISION AND MANAGEMENT OF THE BURIAL GROUND NEAR KENTVILLE. Passed 8th March, 1845. Whereas Benjamin Peck, late of Horton, in King's county, in and by a certain deed or conveyance from him the said Benjamin Peck, and Mary Peck, his wife, to Joseph Barss, junior, bearing date on or about the first day of July, in the year of our Lord one thousand eight hundred and seventeen, did make a reservation in the words following, that is to say : "reserving nevertheless, half an acre of ground for a public burying place, in the grove of oaks on the north side of the county road, where my honored father and mother, and several other persons are buried, and laid out and sur- veyed as follows : beginning at an oak post standing one rod to the westward of a large oak tree marked— from the said oak post the line runs easterly adjoining said road twenty rods to another oak post marked— thence northerly four rods to another oak post r arked —thence westerly tv nty rods to another oak post marked— thence southerly four rods lu the first mentioned bounds;" and whereas the said burial ground does not belong to, and is not under the control of any denomination of christians, and there are no persons properly authorized to take charge of the same, and in consequence thereof it is not fenced or enclosed, and the graves and tombstones are trampled upon and injured by cattle running at large over them, and the ornamental tress thereon are also often cut down and destroyed, and it is desirable that trustees should be appointed to take charge thereof : 1. Be it therefore enacted, Sfc. , That it shall and may be law- ful for the justices at iny general sessions of the peace held in and for King's county aforesaid, to nominate and appoint, during plea- sure, three fifc and proper persons, inhabitants of said county, to be OF NOVA-SCOTIA. 155 trustees for the said burial ground, whose name of office shall be '• the trustees of the burial ground near Kentville ;" and upon the va„,nci.., ..ow death, removal, or refusal to act of any one or more of the said ""-^^ '"'' trustees from time to time, at any such general sessions so helda« aforesaid, to nominate and appoint some lit and proper person beinc an inhabitant of said county, to supply every such vacancy, and such appointment to renew whenever necessary, so that the trustees may always continue to be three in number, and also to remove any one or more of said trustees upon any good and sufficient reason therctor, as to the said justices may seem fit and prorjcr, and his or their place to supply in manner aforesaid— which said trustees are hereby authorized and empowered to take charge and possession of the said burial ground, and to fence and enclose the same and to take such other measures as they may think proper for the orotec- tion thereof. ^ 2. The said trustees, in their name of office, shall have full T.u,tce, n,aysu. power and lawful authority to sue and be sued, plead and be '"""^'-' »"'-■^■ impleaded, and to commence, sue and prosecute, or cause to be commenced, sued and prosecuted, any action or actions, suit or suits at Jaw or m ciuity, for any trespass or trespasses, or dama.re com- mittcd or done in or upon the said burial ground or any part thereof or the appurtenances thereunto belonging, by any person or ner- sons whomsoever. ^ ^ r i^* S. The said burial ground shall be open and free for the inter- ment ot the dead of all classes and denominations of persons and according to such rites and ceremonies as the friends of the de- ceased may think proper, subject to the directions of the said trus- I'vCS. Burial prouiici to >«■ oiwii to all clikiseii. AN ACT RELATING TO THE BURIAL GROUND NEAR THE TOWN lo v.c , oha... 5. PLOT OF CORNWALLIS. I'asscd inu Murch, 1847. Whereas, in the original laying out of the township of Cornwallis P'-mbi,. a reservation was m^e of a certain point of upland, common^ cal ed the burying yard point lying east of the town plot of Corn- ^alhs, as and for a public burial ground, and the same has always been occupied as such ; and whereas there are no persons propeX authorized to take charge of such burial ground, and in consCuS hereof it is not property fenced and enclosed and the gives and tombstones are trampled upon and injured by cattle runniS arce ta| ^X^S^'T '''' ^"^^^^' '°"^' "" ^'^^^'^ Inwftil fn,. +k« .**'*y "^^ mactsd^ 4)*.'?., That it shall and may be Jmucus to uomi- lawiui lor tne jusuces, at any general sessions of the peace held in "^ '""'*""• *"• Burwl gruumli&e Powers of trus- Unts, Burial Krniind to tw fret! to 111) ik- uoinlaaliouij. Proviso. PnrVATB AND LOCAL ACM and for kind's county, to nominate and appoint, during pleasure, three fit and proper persons, inhabitants of said county, to be trus- , tees for the burial ground aforesaid, whose name of office shall bo — "the trustees of the burial ground near the town plot of Corn- wallis ;■' and upon the death, removal or refusal to act. of any one or more of the said trustees, from time to time, at any such general sessions so held as aforesaid, to nominate and appoint some fit and proper person, being an inhabitant of said county, to supply every such vacancy— and such appointment to renew, whenever necessary, so that the said trustees may always continno to be three in num- ber, and also to remove any one or more of atud trustees upon any good and sufficient reason therefor, as to the said justices may seem fit and proper, and his or their place to supply in manner aforesaid, which said trustees are hereby authorized and empowered to take charge and possession of the said burial ground, and to fence and enclose the same, and to take such other measures as they may think proper for the protection thereof. 2. The said trustees, in their name of office, shall have full power and lawful authority to sue and be sued, plead and be im- pleaded, and to commence, sue and prosecute or cause to be com- menced, sued and prosecuted, any action or actions, suit or suits at law or in equity, for any trespass or damage committed or done in or upon the said burial ground, or any part thereof, or the appurtenances thereunto belonging, by any person or persons whomsoever. 3. The said burial ground shall be open and free for the inter- ment of the dead of all classes and denominations of persons, and according to such rites and ceremonies as the friends of the de- ceased may think proper, subject to the directions of the said trus- tees. 4. Nothing in this act contained shall affect, or be construed to affect, the right or title of any person or persons whomsoever to the said land, comprised in the said burial ground, or any part thereof. 4 vie, cimp. 11. AN ACT TO INCOEPORATE THE GENERAL MNING ASSOCIATION. Preamble. Passed 29th Maidi, 1841. Whereas by a certain deed of settlement, duly executed, bearing date the tenth day of April, in the year of our Lord one thousand eight hundred and twenty-nine, certain persons, whose names and seals are to the said deed affixed and subscribed as parties to the same, associated themselves together as a company or association for certain defined purposes or objects in the said deed particularly mentioned ; OF NOVA-SCOTIA. 157 ring pleasure, ity, to bo tru8- offico shall bo plot of Corn- et, of any ono Y such general it some fit and » supply every ver necessary, three in num- tees upon any ices may seem mer aforesaid, )\vered to take i to fence and } as they may hall have full ad and be im- ise to be com- ions, suit or ge committed irt thereof, or ion or persons for the inter- ■ persons, and ds of the de- the said trus- e construed to homsocver to , or any part ASSOCIATION. uted, bearing ono thousand se names and !S to the same, on for certain y mentioned ; I and whereas the sftid association having become proprietors of a certain lease granted by his royal highness prince JValerick, late duke of York and Albany, since deceased, of certain mines, mine- rals, ores, and other property of the like description in this pro- vince — one of the purposes and objects of tho said association was the working, opening and carrying on mines and mining operations in this province ; and whereas for the purposes of tho saiil associa- tion, its capital was fixed by the said deed at four hundred thou- sand pounds, sterling, divided in twenty thousand shares of twenty pounds each ; and whereas such capital is now held by a large nuuiber of proprietors, respectively holding various nuinljors and different proportions of the said shares, of whom the persons here- after named form part ; and whereas the said association has, since its formation, by its constituted and authorized agent or agents in this province, proceeded to work upon an extensive scale, and with great expense, various mines of coal within this province, and to establish and put in operation iron foundaries and furnaces, and to carry on business of such .nid a similar description to a largo amount ; and whereas, in the prosecution of such works as above mentioned, and in the purchase of lands and other things re<(uisito for their said business and undertakings, the said association have expended in this province a very large sum, being upwards of three hundred thousand pounds, sterling, and have consequently obtained and acquired extensive property, both real and personal, now held by the agents or trustees, or by some person or persons in trust, or to the use of and for the said association ; and from the extent and amount of theii business, and the great number of proprietors, all or most of them resident in England : and to facilitate the opera- tions of the said association : and for the benefit of all and every person or persons who may have dealings and transactions with the said association : and to enable such person or persons more easily to enforce any right of action against the said association, it is ex- pedient to declare such association to be a body politic and c a-po- rato: 1. Be It therefore enacted, i^-c. That Edward Blount, Felix ,,.„„,i,t„rs of Calvert Ladbroke, John Gawler Bridge, Jose de Silva, Ambrose j"'w=t'x:k. Humphreys, Thomas Vigne, Alfred Charles Bridge, George Wane, Thomas Fane, John Easthope, Samuel Cunard, and all and every other person or persons whosoever, who now are or hereafter may be, or shall be or become a proprietor or proprietors of and in any share or shares of the joint stock, capital or funds of the general mining association, or the corporation hereby established, shall be, hI^ " ^"'^ and they are hereby declared to be, one body, politic and corpo- rate in deed and in name, by the name of the " general mining as- Name. association," and by that name shall and may sue and be s°ued. May »..« and be defend and be defended, answer and be answered unto, implead and ""^' *=«• be impleaded in any court of law or equity or other place whatso- ever; and by that name shall and may prefer, present and prose- cute any indictment, information or criminal proceedings for or in 158 w 1^ f /I r^- i <^'-mmon boiiI Iliilil iiri)|MTiy, kc. May niakr hye. luws. Ptuviso. DceilofstUli.'- riiuiit, To ifKulivtL' tlic coinpiuiy until bye-lHwa arc made. rniVATB AND LOCAL ACTS rcsi)oot of anv larceny, felony. nnH.len.ennor or other offence done or committer agamst the said corporation, it.s gooiit dlrwtiwi, kr. Ill ifiiiiiln III oltkv III! oOii'n IU>.' UplMlllltMl. Pl'dlMTty to TMl ill coiiipaiiy. Notliini; horein i-ontaiiied to llmU ri'^tponNilinity of the HHMjclation or iu Hgents. Suits ajruinst the coiiipiui/. ^WmSUKxs- 160 Not to lend mo iieybywayofdis. mmit or under- write. Construction of certain words. Conveyance of Ifeal estate, liow to be made. tRIVATB AND LOCAL ACTS sue or prosecute anv am-f n.. o«*- ^ , ^ ^'^' ^ commence, fourth, entitled an act Ser^^ "majesty king William the Jitic and corporate and to r/nlT.! ^ ""F'"'^ ^^"^'^'^ ^^^'es- F" suit so brouff ine^K'/^' acts now in force ; and any brought, coSncedsu^ 1,1^ prosecuted, shall and may be in th^ same ma„n?r k^^^^^^^ T^'', ^^ corporation tion, its property re^l nn!l L. ^f®*^* ' '^^ *^® said corpora- ration, slfalUe Sund^^^^^^^ ^'^^ t^e agent of such corpo- able t; and for the paymenrof C ''^ '""^"'''^^' '' '''^- given or issued in sSSof actl''"n fhT* '' '"''^"*'°° *^ ^ said corporation were a forpL t°i r^-'^™® '"^"'^^'' «» ^^ the the meaning of the said act ^" ^^' ^'^'''' '' ^^^P^^^^^' within way of discount or to K nt an ' k'T'"*'"" *" '^"^ """"^^ V or to underwrite or mak^LJllZ^T^'^^^^^ insurance agains ?oss byfire of on Jn ""' '"^ P?!"'^ «r policies of life or lives ^ ' "" °" ^°^ ""^""^ risk, or upon any andinckd:,7n1b?hXl^dIkrt"'" «^^" ^PP'^ to ments or he^edilLts, mlnef m^^ any landsytie- minerals or mineral subsZces; gS thatte r^rn'r '^ ^ ' personal whatsoever ; and wherev^ won^^ "l!' P'^T'*^' ^^al or importing the singular nLw nJi u^ ^^^ "^^^ '"^ t^^ act, tenomenteor hereditament, descSTn I »id deei^f: ''"'''' .aid 4.^m,0„™SS? tifelStlt^ ?« r .IS ing, obtaining ainst the said commence, )rporation, in like courses, act passed in William the n bodies, po- -e; and any and maj be 1 corporation 3aid corpora- such corpo- ible or avail- ^ution to be tier as if the Tate, within onstrued to d money by whatsoever, •r policies of !■ upon any 11 apply to lands, tene- 13 of ores, y, real or ' this act, Jxtend and •erson and ntext shall ice of real n, by any corpora- rith power tenements by virtue tion; and J name of ppointed, &e right, le lands, convey- 3rce and aloftho e aSxed OF NOVA-SCOTrA. thereto; provided always, that such deed or conveyance be signed in the name of the said corporation, by its attorney or attornies so appointed, and be under seal. And whereas it is also necessary to enable the said corporation to make agreements and contracts by their attorney or attornies not under seal, and to indorse and negotiate bills of exchanr^e and promissory notes : o " '« 10. It shall and may be lawful for the said corporation bv anv power or po^yers of attorney, under the seal of the said corpora- tion, to appoint any attorney or attornies in this province, for or on behalf and in the name of the said corporation, to make any parti- cular or specific contract or agreement whatsoever, or to make draw, mdorse or negotiate, any specific note or bill of exchange or generally, to conduct and manage all or any such business, and to make any contract or agreement, or to make, draw, indorse or ne- gociate, any note or bill of exchange. """ree or ne ih^tiA ^""^ ''°?*''^u' "g''^°^«?* or security, made in the name of the said corporation by any such attorney or attornies or anv nro name7f r^d'"' °' ^^?"^f ' "^'^' ^'^-"-^^ enTrsed Xe name of the said corporation, by any such attorney or attornies within the scope of his or their power of attorney, shall be v3 and binding on the said corporation to all intente and purposes and such corporation shall be liable in any action or suitTfaw o^ n equity upon the same, notwithstanding the same may l^ or be deemed a parol contract only. ^ 12. Every power of attorney hereinbefore referred to before It IS acted upon, shall be registered at the office of the registrar of deeds at Hahfax, in the books of registry there ; and wheneve^anv d^d or conveyance of lands, tenements or hereditament^^ shall be made or executed under any such power of attorney, such Twer of a torney shall also be registered in the county wherein suKed or conveyance, by law, is required to be registered. 16. This act shall continue and be in force for twentv-five 161 Provi/10. .May make con- truct, 4-c. hy «t tornf). Contract so mada binding after pa rol. Power of attorney to be recorded. Continuation of act. Suspending clause i her ma- jesty's assent given. AN AC!r TO HAISE FtJNDS IN THE COUNTY OP PICTOU. 12 Vic, chap. 38. Passed Slat March, 1849. po^r- f f f ^""'T '" ^"^ ^«^ t^« county of Picton, in i^we. STSlftlf''''Tl^°^'.'°" '^ r* «f t^e inhabitants thereot, both from the want of provisions and seed, have determined (^^ Seuioni to borrow on credit of coua- ProTlto. Divlilonofffione}' Custoi and clerk of peace, with three maf^istrates, to execute bonds. Sessions to ap> point town com- missioners ; their 4ttUe«. Kate payers to persona to hear applications ; theli' duties — frrauts itc, of lief, Ac ' PRIVAIK AND LOCAL ACTS !!lS''v"i^,,'''' *^' ''^'* °^ '"'•* «°"°*y' ^° order to afford the reJiet which the exigency requires : 1. Be it therefore enacted, ^c., That it shall be lawful for the said sessions to raise and borrow, on the credit of said county and for the purposes aforesaid, such sums of money, and on such terms and at such rate of interest as the daid sessions, by order passed at a general or special sessions may order and direct : pro- vided the same do not exceed in all the sum of five thousand pouids, and the interest thereon do not exceed the rate of six per cent ,fi.ia„,-i vfTi u "'??^j°^^"''V^y' "^^^^ '0 '■"'■^^'^ ""^ borrowed as aforesaid, shall be divided and apportioned in the followiii.r propor- tions, that IS to say-two-fifths thereof to the township of Pictou —two-fifths to the township of Egerton, and one-fifth to the town- ship ot Maxwelton. . 3. As soon as this act shall go into operation, it shall be lawful tor the custos of the said county of Pictou, and the clerk of the peace, together with three magistrates duly appointed by the ses- sions m such behalf, to execute in their own names, but solely in their respective capacities of office, for and on behalf of said county all such bonds, to the lenders of such money in such sums, and on such terms aa have been arranged, as hereinbefore provided • Which bonds shall, after due execution, constitute a debt or char^^e T'"d'd* co"°ty» iintil the same be discharged as hereinafter 4. As soon as this act shall go into operation, it shall be lawful lor the said sessions at any general or special meeting, to nominate and appoint in each of the three townships in said county, three fit and proper persons, residents respectively therein, who shall be called and known by the name of loan commissioners, whose duty It shall be to receive the money from the lenders, and to apportion the same in such proportions as they may think fit among the va- nous districts set apart for the support of the poor in each of said townships ; and to take in their own names, but for the benefit of said county, all such notes, bonds, obligations, deeds, mortgages or other securities, as they may deem requisite to ensure the re-pay- ment thereof, and of the interest to accrue thereon, and the expen- ses and charges attendant upon the management of said loan fund 5. It shall be lawful for i.,o rate payers in each of the sections set apart m said county for the support of the poor, at any meeting held for such purpose, atler three day's notice, to nominate and appoint three fit and proper persons residing in each of said sections who, upon being approved of by said loan commissioners shall thereupon proceed to hear and determine all applications from the residents m said districts respectively, for relief from the said loan lund ; and also snail adjust and settle the securities to be given by the applicants to said commissioners in each of said districts as aforesaid; and that the said commissioners as aforesaid shall only grant relief out of said loan to such applicants as may have been approved of by said three nersona nominatpd as "forcaicl anl "iv^n securitj? as aforesaid. * ■' > ' '^ o ^ I' to afford the OF NOVA-SCOTIA. H. On failure of payment by the said applicants, or any of them, to whom aid and relief shall have been given as aforesaid, according to the terms of the security given to the said loan com- missioners as aforesaid, it shall be lawful for the said sessions at any general or special meeting, or for the supreme court, or for any judge of the supreme court, in term, on circuit or at chambers, on application therefor, by affidavit, by said loan commissioners, or their lawful agents in such behalf, at any future time, to direct and order that the balance then due from any of the said districts or sections by reason of failure of re-payment by such applicants, or any of them as aforesaid, or due for and on account of the necessary expenses and charges, if any, attendant upon the management of said loan fund, or for defalcations, if any, of any commissioner or person employed in the management of said funds in each of said sections respectively, shall be assessed and levied upon the inhabi- tants residing and being in such sections, in the same way and manner and in the same proportions as the poor rates are now or have been heretofore assessed upon the inhabitants of said sections, in order that the said loan and interest thereon, and all the expen- ses and charges, if any, attendant upon the management thereof, and defalcations, if any, as aforesaid, maybe fully repaid and made good to the said commissioners, and to the lenders of the said loan fund, to be raised and borrowed upon the credit and pledge of the real and personal estate, situate and being in the county as aforesaid, and liable to be rated for poor rates therein. 7. The said three sets of commissioners as aforesaid, shall be required, each acting for themselves only, to enter into and execute to the custos, for behoof of the said county, good and sufficient bonds, with a condition rendering it obligatory on them, well and faithfully to manage and distribute the proportion of said funds coming to them in the proportions hereinbefore stated, to render not less than once in six months to the said sessions a true and faithful account thereof; and to pay over and account to the said lenders for all sums of money respectively received by or paid to them, for and on account of said loan funds as aforesaid. 8. The said county of Pictou shall be answerable as aforesaid to the said lenders, for and on account of all losses and defalcations by the said commissioners, or any of them, or by any persons em- ployed in the management of the said funds; and that the said real and personal estate in said county liable as ".foresaid for poor rates, shall not be relieved from liability to the said lenders for and on account of said loan, and interest to accrue thereon, until the same shall fully be repaid to them by the said commissioners or their agents in such behalf. 9. In the event of the failure of payment of the said assessment hereinbefore provided to be made, or part thereof, by any of said sections, it shall be lawful for the said commissioners of the town- ship in which annb spcti'^" sh<»11 h" ai*ijot« */» »,x^i-4.« *! : the supreme court or any judge thereof, in the way and manner 163 On failoircor pay- ment, balance to he aasessed on in- habitants ; mode of assessment, &c. Commissioners to give bonds for per- formance of du- ties, &c. Ac. County of Pictou to be liable for loans and interest thereof. On failure of pay- ment by sections, commissioners to obtain order for assessment. 164 PRIVATK AND LOCAL ACTS H provided by the Sixth preceding section of this ax3t, for an order to amorce and assess the whole of the inhabitants of said townsh n for any such deficiency as hereinbefore referred to ^ ^iXl:'T; wron;f„li r? ^''^^ c^missioners. or any or all of them, shall der»to„p'p,yror Avrongfully neglect and refuse, after request, to apply to the said onier to .... gessions, the supremo court or any jud^e thereof L^ afoLaid for an order to assess any of the said districts or torasS for the t sZlU.V"; f? ^'J'"*^T, '^ ''^^ ^'^"^ f"«^« ^ afo e^sdd then It shall be lawful for the said lenders to apply by affidavit, by hem- twSr ?r '^'"'?' ''^^' '^^ sessions, 8uK™e court or a udge thereof, sittmg m circuit or in chambers as aforesaid, for an ordf r to assess the said district or any of them, or said to vnships for any balances then due ; and that under all orders issuTby ? rtue of tbs act he assessors and collectors of the poor rates for the time being, shall forthwith proceed to assess and^ollect the siJd i^Ss m the same manner as has been heretofore practised in the asse s ment and collection of poor rates in and for said county of Sou Pnicuedings tljureon. 13 Vic, Chap. 43. AN ACT TO INCORPORATE THE CARPENTERS' SOCIETY OF HALIFAX. Incorporated. Real estate vested in corporatfon. Passed 28tl» March, 1860. 1. Be it enacted, ^c— The following persons residing in nr near the city of Halifax, viz : James DechWn, Wml^^^^^^ William Lovett, Matthew Lownds, James Thomson ThomS Clouston Andrew Williams, Robert Richardson, John L. Bar^^ Henry Dugwell Patrick Sullivan, Thomas H.' Peters, Georje Butler, Peter Thorogood, Daniel Smith, John Twaddle, and sufh other pei^ons as are or may become members of the carTnters' society of Halifax, are hereby incorporated by the nameT"' the carpenters' society of Halifax," and by that /ame shalT have per! petual succession and common seal, and may sue and be sued and may take, purchase and hold real and personal estate, and 'may make bye-laws for the regulation of the society ; but the corpS^ X^tlT"'^'''' "'^*' '^^^^'^ '^' '^''^ '' fiJe tholand 2. The real estate now in possession of the society, by virtue of a deed from Samuel George William Archibald, and Elizabeth Ar- chibald, to James Dechman and others, as trustees for the society bearing date on or about the nineteenth day of July, in the S one thousand eight hundred and twenty-one, and known L^ho capenters' hall, shall be vested in the corpora ion ; bu^Ss daJse 8hall not affect the rights of her majesty,^r of at^y iSy poiufc or corporate, or of private individuftls. ^ ^ ^ of NOVA-SCOTIA. Ig5 3. The rules now in force in the society being the same which nii«» of corpora- were printed in the year one thousand eight hundred and thirty- "°"" three, under the title of " rules and regulations of the brother car- penters' society of Halifax. Nova Scotia, Halifax, revised and re- printed by J. Munro, 1833,' shall continue to be the rules of the corporation, until the same shall be repealed or amended in manner thereby directed. 4. There shall be a special committee of the society, consisting Special commit- of five members, and the same James Dechman, William Lovett, '"^^ William Cutlip, JIatthew Lownds, and James Thomson, shall be such special committee for the present year, two of the members going out of the oflBee yearly ; and in future the appointment of the special committee shall be in accordance with such rules or bye- laws as the society may adopt ; and the same James Dechman, William Lovett and William Cutlip, shall each remain on the com- mittee during their lives, except in case of voluntary resignation ; and the special committee shall have the charge of the real and personal property of the society subject to the bye-laws ; and tho chairman of the special committee by them annually elected, shall have the care aad keeping of tho common seal, and of the title deeds and documents ; and the special committee shall be subject to the direction of the society at its quarterly meetings, and shall render an account or report of its proceedings at the annual mee- tings. 5. It shall not be lawful to mortgage, sell, or lease the real es- saic. &c. of reai tate of the society, for any term beyond five years, unless upon a '""'* '"»"<"«<»• vote of two-thirds of the members present at a regular quarterly meeting, and after notice has been specially given of the mortgage, sale or lease, proposed by a writtei: resolution, clearly expressing the terms thereof, moved and seconded at a previous quarterly meeting. 6. Whenever it shall be requisite to affix the common seal of Affixing common the society to any deed of conveyance of real estate, the signatures '*"" of any two or more of the special committee, and also of the pre- sident and secretary of the society shall be affixed to the deed. 7. The special committee, or the major part of them, shall have Lease of cari)en power to let the carpenter's hall, or any part thereof, for any terra **''' '^'' not exceeding five year^, reserving and excepting such use of tho same as the society may require for its meetings. 8. The government of the society, and the general disposal of oovemmcntofthe its funds, rents, and other property, shall be vested in the mem- '""'*''' bcrs thereof, at their quarterly and other meetings, and in their president and other officers chosen and acting under the rules and bye-laws. Sm 4 / i . \ 166 PRIVATE AND LOCAL ACT3 13T,c..ch.p.48. AN ACT TO ENABLE THOMAS IIOBSON 10 OBTAIN LETTERS PATENT FOR THE INVENTION Oi' A FOG BELL. Passed 28th March, 1850. I/Stters patent may be niven to T. Kobsoii. of Sackvillo, m the province of New Bria}«^wick ur.)i. H, Tvin^ complied with the p^visions of the act« hevS^^^'^ fo^Zf ^^P'^^.^y^'^^^^^, to obtain letters pateXw Sr*?f/« ^'^•^'"' ^^'t^^it'^^^nding i"3 residing ,>m oTthis ilSS: ' w. f "^''' ?T" '"" ^"« y^^'- previous to such ap- S^ t iSkf.^'S^'' '-f "^r ''''\ ^''"^'^ I'^*«"t '^re obtained I shall be entitled to a... r}>o i;,ht5 and ptivileges by such acts con- 14Tic.,,;.ap.25. AN ACT TO AUTHORIZE THE GRANTING OF LETTERS PATENT TO MOORE i,i. FLETCHER, FOR A MARINE ALARM BELL. Passed 31st March, 1851. Enables M.B. , ^' Be it oiacted, A-c. — It shall hfl liwfnl fn.. Twr^-.- r» pre-!'/,: f^^ doctor of m^ile of Sat Andrews^li the p^rce^f Se= '- to^^^^^r:rf\^''^'''''''''^ ^'^^'^^ f°^ usefu^inveS; to Obtain ietters patent for his invention of a marine alarm bpll notmthstanding his residing out of this province rsamenevelly espect as if he had been an inhabitant thereof and had reJded therem for one year previous to such application being made and after such letters patent are obtained he shall be entitled to all tb« rights and privileges by such a«ts conferred ^^' 11 vie, cliap. 23. AN ACT CONCERNING THE ELECTRIC TELEGRAPH. Preamble. Passed 1st April, 1848. r J/!"^f/^' P?^'.^"'^^ l^^ commercial interests of the em-ire render the transmission of intel:;; r.ce of the greatest importeno^ and the establishment of a line c ' metric teleLph frZ the ^^^^^^^^ OF NOVA-SCOTIA. 167 governor TBRS PATENT 1. Be it enacted, 4«c., That it shall be lawful for t1 ^ ia council to appoint and commission five fit and proper persons to l>e, during pleasure, commissioners for establishing a line of electric t,t lograph from the city of Halifax to the line dividing this province from the province of New Brunswick, and to extend the same, if siecessary, until it communicates with the line established from the city of Quebec to the frontier or boundary line of New Brunswick, and from time to time, as vacancies occur in such oflSce of commis- sioners either by revocation, death, resignation, continued absence from Halifax, or otherwise, to supply the same by new appoint- ments. 2. Such commissioners, or any two of them, shall have full power and authority to take and receive, in the name and to the use of her majesty, her heirs and successors, gifts, grants and do- nations, and to purchase lands, tenements and hereditaments, and also ta sell any of the said lands, tenements and hereditaments, purchased for the purposes aforesaid ; and any person, bodies, po- litic or corporate, or communities, may give, grant, bargain, sell or convey to the said commissioners, acting for or on behalf of her majesty, any lands, tenements and hereditaments for the purposes aforesaid ; and the said commissioners, or any two of them, shall be and are hereby authorized and empowered, from and after the passing of this act, by themselves or their deputies, contractors, agents, oflScers, workmen and servants, to make and complete an electric telegraph, to be called " the Acadian telegraph," from the city of Halifax to the line dividing the two provinces of Nova- Scotia and New Brunswick, at such point or place as may by the said commissioners be found most advisable, and to establish, if ne- cessary, a continuation thereof under legislative authority through the province of New Brunswick, until it meets and joins the electric telegraph from Quebec to the frontier or boundary of Canada, and to construct station houses and observatories at either termination, and at such other places on the line of the said telegraph as they may deem expedient. 3. For the purposes aforesaid, the said commissioners, their deputies, servants, contractors, agents and workmen are hereby au- thorized and empowered to enter into and upon the lands, grounds and premises, leave and license therefor being first had and obtain- ed of the queen's most excellent majesty, or of any person, bodies, politic, corporate or collegiate, or communities whatsoever, and survey and taKe levels of the same or any part thereof, and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said intended telegraph, and all such other works, matters and conveniences as they shall think proper and necessary for making, efiecting and preserving, improving, completing and maintaining, and using the said intended telegraph and other works ; and also to bore, dig, cut, trench, get, remove, take, carry away, and lay earth, clay, stone, soil, rubbish, trees, roots of trees, "beds of gravel or sand, or any other matters or Appointment of comniiiitioneni. Their power, au tliorityimauutiea. Sarvey« of Undi, maliini; and re- pairinB teli'ifraiih, erection of station houget, &c. 168 PRIVATE AXD LOCAL ACTJ5 I thmffl \vhich may be dug or got in making the said intended tele- graph or other works, in or out of the lands adjoining or lying con- venient thereto, and which may be proper, rc(iuisite or necessary for making or repairing the said intended telegraph or works inci- dent or relative thereto, or which may hinder, prevent or obstruct the making, using or completing, extending or maintaining the same respectively, according to tho intent and purpose of this act and to build, erect and set up in or upon tho lands to be acquired for that purpose under this act, such and so many station houses and observatories, watch houses and other works, ways, roads and conveniences as and where the said commissioners shall think re- quisite and convenient for the purposes of said telegraph ; and also from time to time to alter, repair, divert, enlarge and extend the same, and to construct, erect and keep in repair any bridges, arches and other works upon or across any river or brook, for the making using, maintaining and repairing the said intended telegraph, and to construct, erect, make, and do all other matters and things which they shall think convenient and necessary for the making eflfecting, extending, preserving, improving, completing, and eas°y using of the said intended telegraph and other works, in pursuance of and according to the true intkt and meaning of this act they the said commissioners, doing as little damage as may be in the execution of the several powers to them hereby grantea, and ma- king satisfaction in manner hereinafter mentioned to the owners or proprietors of, or the persons interested in the lands, tenements or hereditaments, water, water courses, brooks or rivers respectively which shall be taken, used, removed or prejudiced, or for all dama- ges to be by them sustained in or by the execution of all or any of the powers of this act ; and that whensoever and wheresover the said telegraph do or shall pass through any wood or forest the trees and underwood shall be cut down for the space of fifty feet on each side of the said telegraph by the proprietors of the lands upon which such trees and underwood may be, and in default thereof, that the said commissioners may cause the said trees and underwood to be cut at the cost of such commissioners, and this act shall be sufficient to indemnify the said commissioners and their servants, contractors, agents and workmen, and all other persons whomsoever, for what they or any of them shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned : provided always that such trees and underwood so cut down as aforesaid shall con- tinue the property of the proprietor of the said lands if not required lor the said works. ^ ie^ph &o and i" ^""V^^ purposes of this act the said commissioners shall hSo\i of' reference ^ud may, by soffic swom survcyor, cause to betaken and made sur- ^ro$LcT«i'"^r^ ^eys of the lands through which the said intended telegraph is to tory's office. be camcd, together with a map or plan of the hne of such tele- ^ph, and of the course or direction thereof, and of the lands through which the same is to pass, and also a book of reference for Provlio. Hap of line of te> OF NOVA-SCOTIA. 169 the said telegraph, in which shall be set forth a description of the said several lands and the names of the owners, occupiers, md proprietors thereof, and in which shall bo contained every tliintr necessary for the right understanding of such map or plan, whicli said map or plan and liook of reterence, shall, on the completion of said telegraph, be made, or caused to be made, and certified by said commissioners, who shall deposit copies thereof in the office of tho provincial secretary for the province of Nova Scotia, and also re- tain one copy for the said board of comnxissioners : and all persons shall have liberty to resort to such copies so to be deposited as aforesaid, and make extracts or copies thereof as occasion shall re- quire, paying to the said provincial secretary for the time being, at tho rate of one shilling for each search, and sixpence, cun-'cnt money of the province, for every hundred words ; and the said co- pies of the said map or plan and book of reference so certified, or a true copy thereof, certified by the said provincial secretary af'oro- sajd, shall severally be, and are hereby declared to be good evidence in the courts of law and elsewhere. T). The said commissioners shall have full power and authority K.o.tin„ „f r«.,. to set up posts for supporting the wires of the said telegraph in "" ''"''"'' '"*'"• and upon any pubUc roatl, street, or highway, and to make the necessary excavations in tho same for placing such posts or poles ; and such posts or poles, and all wires and other apparatus therewith connected, shall be, and be deemed to be, to all in- ients and purposes, the property of the queen's most excellent ma- jesty, as shall also all such posts or poles, or apparatus as shall lie set up by the said commissioners for the purposes aforesaid, al- though the lands on which the same are set up be not property purchased or obtained by the said commissioners under this act. ^!. After any lands or grounds shall be set out and ascertained, fai- of lamis t. and the Ime of the said telegraph designated in manner aforesaid ^■"'""'^*""'^"- lor makmg and completing the said telegraph and other works, and other the purposes and conveniences hereinbefore mentioned, it shall and may be lawful for all bodies, politic, corporate or colle- giate, corporations, aggregate or sole, communities, guardians, cu- rators, executors, administrators, and all other trustees or persons whatsoever, not only for and on behalf of those they represent whether infants, issue unborn, lunatics, idiots, femes covert, or other persons who are or shall be seized, possessed of, or interested in any lands or grounds which shall be set out and ascertained as aforesaid, or any part thereof, or upon or across which the said commissioners shall have occasion to set up any posts or poles, or other apparatus, or to arqn.xe the right of way or other easement or servitude, or right t^ ^ .tract for, sell, and convey unto the said commissioners, acting for and on behalf of her majesty, to her majesty the queen, her heirs and successors, all or any part of such lands or grounds which from time to time be set out and ascer- tained as aforesaid, or the right, easement, or servitude so rcfiuircd by the said commi^^io^ rs; and that all contracts, agreements, 22 no Lrfcse of l»niU— amount of rent, Ac. ' CompensAtion to owners of land by acreemeDt, ar- liltrution, appilcn- tion tu Justices of gnpremt: court, &K., kc. PRIVATE AND LOCAL ACTS lales, conveyances, and assurai r«s w to Ic rrmde, shall be valid and effectual inlaw, to all intents -lua (Kir»Hj'e an affi lavit, and r 'ake an oath before the stiid juf^ 'ce, .rone of tlie said justices,' or an^ other justice of the supreme court, or a master in chancery, faithfully and impartially to perform the trust and duties so required • u'll' ''"' "'' "'""■ "^ '"cswju jusiice Oi justices — winch uiiidavit, With the said petition, shall be filed in the office of the prothonotary 171 172 I'KIVATE AND LOCAL ACTA 1)1 1. r Powers of mt- jjreme cmirt rela- tive to iii'iH'ee. (Iing,'iiinni>pnili l)e made in the matter of said petition, to retjuire the party in po«»e»9ion of or clainiitij,' titU; to any lots, })iece8 or parcels of land, Rroiind or tenements, for which such payment has heen made, to deliver up possession of the same to tiiu said counnissioners. or to authorize the said commissionera to enter into such lot l)y any of the oflieers. servants, contractois, a^rents or workmen of the "said eommissioners, and to retain sucii jiossession; and further, if need be, by any order of the said court, or justice or justices, to em- power the sheriff or his deputy to put the said eoinmissioners, by their oHicers or servants, into (piiet po8.Hession of such lot, piece or parcel of land, -ground or tenement, and likewise by any order of the said court or justice, or justices, to re(|uire and direct any such persons so interested in any such parcel or lot so valued and paid tor as aforesaiil, or in case of their absence from the province or other disability, then the person in charge thereof as aforesaid to niake, si<;n, seal and execute all such deeds, grants, conveyances, demises or other dtwuments as may be necessary for the purpose of conveying the same, and leg.illy investing the same in her most gracious majesty the ((ucen, her heirs and successors ; and in case of neglect or refusal on the part of any person to comply with any Buch orders, then, as the case may re(|uire, obedience to and com- pliance with the same shall be enforced by the usual process there- Ibr. to be issued by the Siiid court or justice, or justices. _ 12. All agreements, sales and conveyances, and all tletermina- tions by arbitration as aforesaid, or notarial copies thereof, when the same may be passed before notaries, and also the .said appraise- ments, and judgments, or orders thereon, by the said court or jus- tice, or justices, shall be transmitted to and registered in the regis- try office for the county in which the lands, tenements or heredi- taments shall be situated, and that the same shall be therein regis- tered at full length, having been proved as deeds and convcyarrces of real estate are now or shall ije hereafter proved under the laws of this province ; and all persons shall have liberty to inspect tlie same, paying for each inspection si.\ pence, currem y, and to have and obtain copies thereof, paying for every copy thereof, not excee- ding one hundred words, the sum of six pence, currency, and so in proportion for any immber of words ; and immediately on payment of such purchase money or rent as aforesaid, and entry or registra- tion of such agreements, sales, conveyances, determinations by ar- bitration, orders, judgments of the said court or justice, or justices, all the estate, right, title, interest, use, trust, property, claim and demand, in law and equity, of the person for whose use such money or rent shall be paid in, to, and out of the lands, grounds, tenements, hereditament*! and premises shall vest in her majesty the queen, her heirs and successors, and they shall be respectively deemed in law to be in actual possession and seisin of the same, to all intents and purposes whatsoever, as fully and effectually as if every person havi ,; an estate therein had been able to convey and 173 Kptrlstry ofamw- iiicntH, ciinvi'yHii- lidii llitreof. Aic. 174 w Applications for iiiUeuiity. Penalty for ob- Btruction of tele grai)h. Wilful ilamajre to telegraph atl- juilgeil felony. Three commU- vionera to form a quorum, PRIVATE AND LOCAL ACTS had actually conveyed the same to them by the most effectual legal conveyance and such payment shall bar all right, title, interest daim and demand of the person to whose use the sam^ shaS rnrnnmnv"'' ^ *'"' '''i;^'''*^ ^'' «o»egiate, ccclesiastical or civil coinn unities, women subject to marital authority, minors inter- dicted persons or absentees, who may have or cfaim to have any right, title, interest, claim or demand therein, and of every other person whomsoever, any law to the contrary notwithstanding. indpin-.^/ ^'^*'''^' ^"^ *^' '''^^ '°"'* ''' J"«t'^^' or justices, for indemnity lor any damage or injury sustained by reason of the power aiid authority given under and by this act, shall be made within SIX months next after the time of such supposed damage sustained, or in case there shall be a continuation of damage, thin witlun SIX months next after the doing or committing such damage shall cease, and not afterwards : and the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and may aver that the same was done in pursuance and by the authority of this act 14. If any person shall by any means or in any manner or way whatever wilfully obstruct or interrupt the free use of the said telegraph, or the other works incidental or relative thereto or connected therewith such person shall for every such offence incur a forfeiture or penalty of not less than five pounds nor exceeding ten pounds, currency-one half of which penalty and forfeiture tt be recovered before one or more justices of the peace for the county shall go to the prosecutor or informer, and the other half shall belong to her niajesty, her heirs and successors, and shall be paid into the hands of the treasurer, and be applied for the public uses of this province and the support of the government thereof 15 If any person shall wilfully and ; laliciously, and to the prejudice of said telegraph authorized to be made by this act, break, throw down, damage or destroy the same or any part there- of or any of the station houses, watch houses, observatories, ports poles, wires, or other apparatus, works or devices, incidentol or relative thereto or connected therewith, or do any other wilful hurt or mischief, or shall wilfully and maliciously obstruct and interrupt the free use of the said telegraph or any of the appurtenances thereof, or obs ruct, hinder or prevent the carrying ont completin.^ supporting and maintaining, using or working of the said intende°(i St ' Tk f ''°u '^'" \" ^J"<^g^*^ g"''ty «f felony, and the cou t by and before whom such person shall be tried and convicted shall have power and authority to cause such person to be punish- ed in like manner as felons are directed to be punished by the laws in torce in this province, or in mitigation thereof, to award such ruSan sfemt ''''''' ^" ^"" ^' «™P'« ^^-•^^' ^ *« ^^ 16 Any meeting of the said commissioners, at which not less tlmn three commissioners shall be present, shall be competent to do ana perform all anrl on^r «f *i,„ j.^1 i,._-i. , .f^"^.':; , ..^ ^.. .,..,_. |K.„„3 nei-vDy vesteci in saia com- OF NOVA-SCOTIA. missioners : provided always that such board of commissioners shall from time to time be subject to the examination and control of the governor m council, and shall pay due obedience to all such orders and directions in and about the premises as they shall from time to time receive from the said governor in council— such orders and directions not being contrary to any express directions or provisions m this act contained. 17. It shall be lawful to and for the said commissioners, and they are hereby authorized, from time to time to appoint and nomi- nate clerks or agents, and all other such servants aa they may deem necessary— assign to them respectively such duties as they may think fit, taking such secuiity for the due execution of their respec- tive offices as they may think proper, and at pleasure to revoke such appointments and dismiss from their employ any of such clerks, agents, or other servants. 18. It shall be lawful to and for the said commissioners or any three of them, from time to time, and at all times hereafter, to ask, demand, take and recover, to and for the use of her majesty, for all communications transmitted through the line of telegraph, such rates and dues as shall be from time to time fixed and appointed by the governor m council, which shall be paid to such persons, and at such places, near to the place where such service may have been performed, in such manner and under such regulations as the said commissioners shall direct and appoint ; and in case of denial or neglect of payment of any such rate or dues, or any part thereof, on demand, to the person appointed to receive the same as afore- said, the said commissioners may sue for and recover the same in their own names or the names of any two of them, or in the name of her majesty, her heirs and succe'jsors, in any court having com- petent jurisdiction ; and the governor in council shall have full poKer from time to time to lower or reduce any of the said rates and dues, and again to raise the same, as often as it shall be deemed necessary for the interests of the said undertaking. 19. If any person shall wilfully obstruct or impede said com- missioners or any of them, or any officer, agent or contractor, ap- pointed by said commissioners, in the execution of their duty with regard to the said telegraph, or to the using thereof, or of any ai)- paratus or works thereto belonging or appertaining, or upon or in any of the stations, or other works or premises connected therewith or if any person shall wilfully trespass upon the said telegraph, or any of the stations or other works or premises connected with the said telegraph, .and shall refuse to quit the same upon request to him made by any of said commissioners, or any officer, agent or conti-actor of the said commissioners, every such person so offen- ding, and all others aiding and assisting therein, shall and may be seized and detained by any such commissioner, officer, or agent or contractor or any person whom he may call to his assistance, until such ofiender can be conveniently taken before some justice of the peace ior the county wherein such ofience shall be committed, and 175 Proviso. Appointnif nt of derki), agents, &c, Rail's and dues to b(' a])iiointed by povi'i-nor in ooun- c il — iii'ovtTy llifi'i/of by com- missioners, itc. Penalty for ob struction of com- missioners, &c. in exetulioQofduty. 176 •?« Mode of li'vying, and leoovery and upplicHtion of fines not herein PHilicnlarly di- rected. j^ 4 Appeal from jus- tices to supreme court . Limitation of suits brouglit under this act, &u., &e. PRIVATE AND LOCAL ACTS when convicted before such justice as aforesaid, wlio is hereby au- thorized and required, upon complaint to him upon outli, to take cognizance thereof, and to act summarily in the premises, shall, in the discretion of such justice, forfeit to her majesty any sum not exceeding ten pounds, and in default of payment thereof shall be imprisoned for any term not exceeding two months— such imprison- merit to be determined on payment of the amount of penalty. 20. All fines and forfeitures inflicted by this act, or which shall be inflicted by virtue of any order to be made in pursuance thereof, of which order Avhcn produced, all justices are hereby re- quired to take notice, the levying and recoveringof which fines and forfeitures are not particularly herein directed, shall, upon proof of the oSence before any one or more justice or justices of the peace for the county, either by the confession of the party, or by the oath or affirmation of any one credible witness, which oath or affirmation such justice or justices are hereby empowered and required to ad- minister without fee or reward, be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal or hands and seals of such justice or justices; and all such respective fines, forfeitures or penalties by this act imposed and inflicted, or authorized to be impsed and inflicted, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the treasurer of this i)rovincc, and shall be applied and disposed of for the use of the said telegraph or undertaking and the overplus of the money raised by such distress and sale' after deducting the penalty and expenses of the levying and reco- vering thereof, shall be rendered to the owner of the gootls so dis- trained and sold : and for want of sufficient goods "and chattels whereof to levy the said penalty and expenses, the offender shall be sent to the common jail for the county, there to remain without bail or main prise for such term, not exceeding one month, as such justice or justices shall think proper, unless such penalty or for- feiture, and all expenses attending the same shall be sooner paid and satisfied. 21. If any person shall think himself aggrieved by any thimr done by any justice of the peace, in pursuance of this act, every such person may, within four months after the doing thereof, appeal to the supreme court of judicature for this province. 22. If any action or suit shall be brought or commenced against any person for any thing done, or to be done, in pursuance of this act, or in the execution of the powers and authorities, orders and directions, hereinbefore given or granted, every such action or suit shall be brought or commenced v.ithin six months next after the fact committed, or in case there shall be a continuation of damage, then within six months next after the doing or committing such damage shall cease, and not afterwards ; and the defendent in such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereon, and that the same was don« in nnrsnnuno atiH Kw ty,o o,,*],-,^;*,. ~c ^u:- OP NOVA-SCOTIA. 177 act ; and if it shall appear to have been done so, or if any action or suit shall be so brought after the time so limited for bringing the same, or if the plaintiff shall be nonsuit, or discontinue his action or suit after the defendant shall have appeared, or if judgment shall be given against the plaintiff, the defendant shall have full costs, and shall have such remedy for the same as any defendant has for costs of suit in other cases. And in order to ensure the establishment of a continuous line of (""mmissioners to telegraphic communication between Halifax and Quebec : prviTSmfoi' 23. The said commissioners shall be authorize alily resiiou- sible. Oovcrnnr to hare pi'Cl'i'ri'ricr (Ml tlie line of telegraph riii'tp'aiismissiiiuof pulilie racssagijs. Krectiun of Ihie of tele|:ra)ih, ivhci-e to be set— to enter nito lanrls ot' pri- vate imiiviiluala, anil where iKr.es- sur.y, \c. to nw- tion of Htntioa _ houses, &o. "" ?ale of !,iud in 180 PRIVATE AND LOCAL ACTS S^ n I-casc of lanils, amount of rates, seized of or interested in any land? which shall be so set out and ascertained, or any part thereof, to sell and convey unto the com pany their successors and assigns, all or any parTof such Cs vhicli shall lom time to time bo set out and ascer aired ^ £ oe mu.lc, shall be valid to all intents whatsoever; and all bodies po tu3 or corporate and all persons whosoever s^ convelrare 1 bv^vlrliiTf' '^•''' ^'^"'* ""''^^^ -r^yoi-thera shall resSvey Zul ■ '" P"''«""r of this act ; and all such nJrll- .ents, sales, conveyances and assurances shall, at the expenfeof e company and their successors, be deposited and re'isCd in h hml lir°"'!T '^'^''^' ^f '^'' '''^'y respectively in ^iih t a Shan i '.ill \7 T'' '^'^f' dul/ccrtified by the regiV trar shaH be a lowed to be good evidence in all courts whatsoever. 1- Any body politic or corporation, or other persons who^n ever who cannot in common cav4e of k; sell or diSe an viands an'o .rr? ^'T'''-''''^''^' "S^^« "P«" - fixed iaSl an equivalent, and not upon a principal sum to be paid forthe knds so set out and ascertained as necessary for ma£ the 1 ne telegraph and branches, and other the purnoses nml TJ fences rdative thereto and'connected thirewfth ,^ and n lartl" . nount ot such rent shall not be fixed by voluntary a™ent or compromise, or by arbitration between the parties ft shall be ffvpd sSr'^' T]r'^ '^nd qualified in the mLncT'h rSn fter pre- scubcd: and all proceedings and litigations in courts shall in fhat case be re^nilatod as hereinafter prescribed, and for tL pavment nf the annual rent, and every othei- annual r^nt aS upon or ' cortained, for the purchase of any land or ground the "fne of tel graph and branches, and the charges to be levied nn 1 Ll ! i therefrom, shall be liable and charglable in presence to .11 ni^^ claims or demands thereon whatsoever pieterence to all other o;n;^;of';a;,ab; tat!ftl,v!'''i'TPf ^ Tl "PP^^ *^ *^'« '''^^'•^^ owners of the es- =:-;,„;;':; d^^otcSlf''^ ^"' ^''f^'^^^ --^ tranches JzZ c{ luijj^xXiuimt, cannot treat or C'nmp'-ii'iilifn tn &c. OF NOVA-SCOTIA. SO set out and J unto the com- of such lands aired as aforo- ssurancps .';o to and all bodies conveying are all respectively 11 such agree- the expense of 1 registered in tively in \vhich \ by the regis- ^ts whatsoever. )ersons whoso- snate any lands innual rent, as ! paid for the iking the line Js and conve- id in case the agreement or shall be fixed reinafter pre- shall in that le payment of upon or as- e line of tele- and collected 3 to all other fs of the es- les are intcn- the compen- and for their een the com- irise between Jsted in, any he execution lification for odies, politic interested in repairing or or relative inent of the shall not bo I, or by rea- '«gh disabi- ot treat or 181 ■>■■« make such agreement or enter into such arbitration, ov shall not produce a clear title to the premises in which they claim an inte- rest, then the company may make an apj)lication to the supremo court or to any judge thereof, stating tlie'grounds of such applica- tion; and such court or judge shall, upon such application, issue a warrant directed to the sheriflf of the county, commanding him to summon and return a petit jury, to appear before the court at such time and place as in the warrant shall be appointed ; and all par- ties concerned may have the lawful challenge against any of the jurymen, but shall not challenge the array, and the court may summon and call beforo them all such persons as it sliall be thought necessary to examine as witnesses touching the matter in (juestion, and may order tlie jury, or any six or more of them, to view the place or matter in controversy— which jury, upon their oaths, all which oaths, as well as the oaths to be taken by any person who shall be called upon to give evidence, the court is hereby empow- ered to administer, shall assess and ascertain the distinct sum of money or annual rent to be paid for the purchase of such lands or ^ grounds or the indemnification to be made for the damage that may ^^be-Bustained, but without regard to any contemplated increase of value by reason of such telegraph or branches being laid, and in so doing the jury shall take into consideration the damage or incon- venience which may arise by reason of the telegraph "or branches being erected as aforesaid, and may assess separate damage for the same ; and the jury shall distinguish the value set upon the lands and the money assessed or adjudged for damages separate from each other, and the couit, or any judge thereof, shall give judg- ment for such sum lent or indemnification so to be assessed by the jury, whicli \erdict, and the judgment thereupon pronounced, shall be bindmg and conclusive to all intents and purposes. 14. In all cases where a verdict shall be given for more money Kvp ""''<■'• "f annual rent as shall be contracted or agreed for between the parties """'" or determined by arbitrators, or assessed by such juries, in nianner respectively as aforesaid, to the proprietors thereof or other persons entitled to receive the same, or to the principal officer of any such body corporate, at any time after the same shall be so agreed for determined or assessed, such lands, grounds and hereditaments or property, respectively may be entered upon and taken possession ot by the comrmny, and applied to the purpose of making and main- taining the telegraph and branches and other works ^md conve- niences thereunto appertaining, 20. All agreements, sales and conveyances, and all detcrmina- "-Pi^tryofagroo. tions by arbitration as aforesaid, and also the verdicts and iud.^- ""'."i.""""'""' ments thereupon, shall be transmitted to, and kept by, the registrar or deputy registrar of deeds for the county where the lands lie, to be registered and kept according to law, and the same or copies thereof, certified by the registrar or deputy registrar in each county, shall be allowed to be good evidence in all courts in this province and all persons shall have liberty to inspect the same, paying fo^ rn,peo„o.. there- such inspection the sum of one shilling currency, and to obtain "' ^^• copies thereof, paying for every copy thereof, not exceeding one hundred words, the sum of six pence currency, and so in piopor- tion for any number of words; and immediately on such payment of purchase money or rent, and entry of such agreements, sales, conveyances, determinations by arbitration, verdicts, iud-mients and other proceedings of the court and juries, all the estate title and interest of the person for whose use such money or rent shall be paid m, to and out of the lands and premises, shall vest in the company, and they shall respectively be deemed in law to be in ac- tual possession and seisin of the same, to all intents and purposes as fully and effectually as if every person having an estate therein had been able to convey and had actually conveyed the same to them by the most effectual legal conveyance, and such payment sha bar all right and interest of the person to whose use the same shall be made, and of every other person whomsoever, even for dower or otherwise, any law to the contrary notwithstanding. ^ Zl. Application to the court for indemnity for any damaee or * ,• .■ , injury sustained by reason of the powers and authority given by '-ST '" this act, shall be made within six months next after the time of such supposed damage sustained, or case there shall be a continuation ot damage, then, within six mor, ,s next after the doing or commit- • ting such damage shall cease, and not afterwards ; and the defen- dant may plead the general issue, and give this act and the special matter in evidence at any ^rial to be had thereupon, and may aver that the same was done in pursuance and by authov ty of tliis act. 184 Penalty for ob- atrucUuji uf tu- U-grapli. Wilful (Umage to r-legmph aJjiul- gi'il felony. Mode of levying, and recovery nnJ Rpplicutlon of fine», not liert'in piirtculiiily Ui- rectcU. Appeal from jus- tices to supreme court. PBrVATE AlN'D LOCAL ACTS the free use of the telegraph and branches, or other works connec- ted therewith, such person ahull, for every offence incur a forfeiture or penalty of not less than five pounds, nor exceeding ten pounds currency, onohalf of wliich penalty or forfeiture to be recovered be- fore one or more justices of the p.aco for the county, slinll go to the prosecutor or informer, and the other half shall be paid into the hands of the treasurer, and be applied for the public uses of the county. 23. If any person shall wilfully and maliciously, and to the prejudice of the telegraph and branches authorized to be made by this act, break, throw down, daniiigc or destroy the same, or any part thereof; or anyof the houses, posts, wires, buildings, batteries, machinery or other works connected therewith, or do any other wilful hurt or mischief, or wilfully and maliciously obstruct or in- terrupt the free use of the telegraph or branches, or obstruct, hinder or prevent the carrying or completing, suppi.i ting and maintaining the same, such person shall be adjudged guilty of felony, and the court before whom such person shall be tried and convicted, shall have power to cause such person to be punished, in like manner as Felons are by law directed to be punished, or in mitigation thereof to award such sentence as the law directs, in cases of simple lar- ceny, as to the court shi'l' .seem fitting. 24. All fines and '.<,,;, urcg imposed by this act shall, upon proof of the offence beU ( v .i. ./ one or more justice or justices of tho peace for the county, i ithi/- jy the confession of the parties or by the oath or affirmation of miy one credible -ffitncss, which oath or affirmation such justice cr justices are hereby empowered and re- quired to administer without fee, be levied by distress and sale of the offender's goods and chattels by warrant under the hand and seal or hands and seals of such justicp or justices ; and all such fines, forfeitures or penalties, the application whereof is not herein- before particulaily directed, shall be paid into the liands of the treasurer or receiver of the monies to be raised by virtue of this act, and shall be applied for the use of the company, and the over- plus of the money raised by such distress and sale, after deducting the penalty and the expenses of the levying and recovering thereof shall be rendered to the owner of the goods so distrained and sold • and for want of sufficient goods and chattels whereon to levy the penalty and expenses, the offender shall be sent to the common jail for the county where the judgment is given, there to remain with- out bail or mainprize for such term not exceeding one month, as the justice or justices shall think proper, unless such penalty or forfeiture and all expenses attending the same, shall be sooner paid and satisfied. 25. If any person shall think himself aggrieved by anything done by any justice of the peace in pursuance of this act, every such person may appeal to the supreme court at the next term of the court thereafter to be holden for the county where such judg- ment haa been given. OF NOVA.SCOIIA. 26. If any action or suit shall be bronirht against any person for any thing {» bo done in pursuanco of this act, or m tho f xecu- tion of the powers and authorities or tho orders and directions hereinbefore given or "ranted, every such action shall be com- menced within six months next iifter the fact committed, or in cum there shall be a continuation of damage, then within six months next after tho ( »ramitting such damage, shall cease, and not after- wards, and the dolendiuit in such action may pleafl the general issue, and give this act and tho special matter in evidence at any trial to be hcM thereupon, or plead generally that tho ^ vug done in pursuance and by the authority of this act ; and ill appear to have been so done, <'r if any m lion or suit . bo brought after the time so limitoii for bringing tho same, or a' tho plaintiff HJiaP bo noa-suit oi /flPPLIED^ IIVMGE . Inc jss 1653 East Main Street .sss -^ Rochester, NY 14609 USA -^^.^ Phone: 716/482-0300 .S^.S=S. Fax: 716/288-5989 O 1993. Applied Image, Inc., All Rights Reserved 1\ .•\ 4, <^ ^ 186 Tariff of fees. I i ! I 1 Form of conToy. aooe. Form of rent charged. PRIVATE AND LOCAL ACTS notice shall state that the government have decided upon becoming the holders of the line and branches, and shall require a statement of the actual outlay and expenses which the company have made or incurred in and about the ^vorks— such statement to be authentica- ted as by the governor in council shall be required ; and upon the expiration of three months from the service of such notice, all the lands, tenements and hereditaments, line of electric telegraph and branches, batteries, posts, wires, buildings, machinery, and all other things whatsoever then owned, held or possessed by the company, under and by virtue of the provisions of this act, or for the purpo- ses thereof, and all the right, title and interest of the company in and to the same respectively, and all title deeds and conveyances thereof, shall become and be transferred to and absolutely vested in the government of this province, and shall thereafter be held by the government and for its use and benefit, absolutely free and dischar- ged from any claim of the company or any person whomsoever, and it shall thereupon be lawful for the governor to draw a warrant on the treasury for the payment to the company of the actual outlay and expenses so made or incurred by them as aforesaid, together with an addition of twenty pounds per cent, thereto. 31. The tariff of fees between Truro and Pictou shall not ex- ceed the rate of one shilling and three pence for the first ten words, and one penny half-penny for each additional word, and no more. SCHEDULE A. I of Form of conveyance. in consideration of the sum of paid to me by the Truro and Pictou electric telegraph company, pursuant to the act of [title to be inserted here,] passed by the le- gislature of this province, incorporating such company, do hereby convey to the company, their successors and assigns, all [describing the premises conveyed,] together with all ways, rights and appur- tenances thereto belonging, and all such estate, right, title and in- terest in and to the same as I am or shall become entitled to or possessed of, or am by the act of incorporation empowered to con- vey, to hold the said premises to the Truro and Pictou electric tele- graph company, their successors and assigns, according to the true intent and meaning of the said act. In witness whereof, I have hereunto set my hand and seal, the day of , in the year of our Lord . Signed, sealed, &c. of SCHEDULE B. Form of rent charge. -, in consideration of the rent charge to be paid to me, my heirs and assigns, as hereinafter mentioned, by the ed upon becoming iquire a statement any have made or ; to be authentica- ed ; and upon tho ich notice, all the trie telegraph and ery, and all other by the company, or for the purpo- F the company in and conveyances solutely vested in :er be held by tho free and dischar- whomsoever, and raw a warrant on the actual outlay foresaid, together to. !tou shall not ex- e first ten words, 'd, and no more. sum of , graph company, )assed by the le- pany, do hereby , all [describing ights and appur- ;ht, title and in- e entitled to or ipowered to con- tou electric tele- ■ding to the true whereof, I have -, in the nt charge to be ntioned, by the OP NOVA-SCOTIA. Truro and Pictou electric telegraph company, pursuant to the act passed by the legislature of this province, do hereby con- vey to the company, their successors and assigns, all [dcsciihiiig the premifies,] together with all ways, rights and appurtenances thereunto belonging, and all my estate, right, title and interest in and to the same and any part thereof, to hold the said premises to the said company, their successors and assigns, for ever, according to the true intent and meaning of such act, they, the company, their successors and assigns, yielding and paying unto me, my heirs and assigns, one clear yearly rent of [sum] by [quarterly nr otherwise] payments henceforth on the [day of paymmt\ clear of all taxes and deductions. In witness whereof, I have hereunto set my hand and seal, the day of , in the year of our Lord . Signed, sealed, &c. 187 AN ACT TO INCORPORATE THE NOVA-SCOTIA ELECTRIC TELEGRAPH U Vic, chap. IT. COMPANY. Passed SIst March, 1861. 1. Be it enacted, S,'c. — Thomas Killam, William A. Henry, Hiram Hyde, and all other persons who shall become proprietors of shares in the company hereby established, shall be a body corporate by the name of the I«i ova-Scotia electric telegraph company. 2. The company may hold real estate of not greater value than the sum of two thousand pounds at any one time in one county. 3. The capital or joint stock of the company shall be twenty thousand pounds, but the company shall have power to increase this amount to the erUent of cost of any branch lines of electric tele- graph that may be built and joined to the lines of the company, and the capital shall be divided into shares of five pounds each. 4. The company may build lines of electric telegraph from any point or place to any town, village, hamlet or place in the province, and through, across or under any stream, gulf, strait or body of water. 5. The line on the western post road, via Windsor, Kentville, Annapolis, Digby to Yarmouth, shall be one section ; from Halifax, via Lunenburg, Liverpool, Shelburne to Yarmouth, another sec- tion; and from Pictou to Sydney, Cape Breton, another section; but the whole shall be under the management of the corporation as one general company. 6. Whenever any number of individuals shall subscribe one halt of tae amount aumcient to build any one of such seciions, or any part thereof, for a distance of forty miles or upt^ards, they may Proprietors elec trio telegraph company. Real estate, rtlua of. Capital stock of couixuiy. Company may build lines throughout th« province. Different section*. Wheneyerhalftha funnunf BuOicfent to build any on* of such section* i* •ubMnbed, sub- w ill 188 »crib«r» may ap- point manug(?rs ami otflccrs for buUdiiig tine. Oovernor to trans- fer Halifax and Ainlierst line to company. One dfeneral rule of charges. Profit of company liow to ti« divided. The InhabUantsof any town may build n branch line connecting Trith the com- pany's, upon gua ranteeing to com- pany the payment of tlie expenses of »»«& M»a«&, fit). PRIVATE AND LOCAL ACTS appoint managers and oflScers for building and conducting the line, and whenever two or more of such sections shall be brought into connection with each other, if built as per specification hereunto annexed, or when any branch line shall be brought into connection with the general line, as hereintifter mentioned, shall form part of the general stock of the company, and shall be taken into account therein, and the proprietors thereof shall receive credit in the books of the company for so many shares as such line shall amount to at the rate of twenty-five pounds for every mih of electric telegraph so built, an additional allowance being made for the expense of crossing rivers, straits and arms of the sea, and therejpon the shareholders of such branch lines shall become shareholders in the general company and the managers of such local or branch lines shall become managers of the general company to the number men- tioned in the eleventh section, and the whole shall form a general board of directors, who shall have power to manage the aftairs of the company, and to make and alter the bye-laws, and shall con- tinue in office until their successors arc appointed, as hereinafter mentioned. 7. When the company have connected Yarmouth, Liverpool and Windsor with Halifax, and Sydney, in Cape Breton, with Fictou, by electric telegraph, the governor in council shall transfer to the company, the line of electric telegraph, with aU its appurte- nances, now erected between Halifax and Amherst, the ccmptiny paying to the government the first cost of the line less the surplus revenue derived from the line over and above five pounds per cent, per annum, and the company shall thereupon accept the line and pay therefor as stipulated in this clause. 8. One general scale or rate of charges shall prevail ov province, that is to say, no greater sum shall be demanded for ti-o transmission of a message a given distance in one direction than i^ charged for the same number of words in another direction. 9. The company shall not divide over eight per cent, per an- num on the paid up capital of the company, after paying the cur- rent expenses thereof, but may put the surplus receipts' over and above eight per cent, per annum into a casualty fund, until such fund amounts to a sum equal to one fourth of the capital stock of the company, and which may be vested in such stock or securities as the company may think fit, and then the surplus earnings or re- ceipts of the company over and above eight per cent, per annum shall be used in extending lines or diminished by a reduction of the general scale or rates of charges. 10. If the inhabitants of any town, village or hamlet in the province, not being in the line of any of the sections hereinbefore mentioned, wish to be connected by telegraph ith the company's lines, at any part, and have not been previously connected with any of such lines, they shall have the right to raise the amount of money, required to build such connecting line, in accordance with a specification which shall be similar to the moat approved spocifi- OP NOVA-SCOTIA. 189 iducting the line, be brought into fication hereunto it into connection ball form part of ken into account •edit in the books lall amount to at tlectric telegraph the expense of 1 there apon the iireholders in the 1 or branch lines ;he number nien- il form a general ige the affairs of 3, and shall con- 1, as hereinafter louth, Liverpool ^e Breton, with oil shall transfer aU its appurte- 3t, the company less the surplus )Ounds per cent, ept the line and prevail o>' snianded for ibo Jirection than L lireciion. er cent, per an- paying the cur- 3ceipts over and fund, until such capital stock of )ck or securities earnings or re- ent. per annum reduction of the ' hamlet in the ns hereinbefore the company's nected with any the amount of iccordance with jproved specifi- cation of tto company's hues, and shall after building such line, and giving satisfactory guarantee to the company of an annual sum of money, to be paid on or before the last day of January in eacli and overy year, sufficient to pay the repairs and current expenses of such branch line, and to be derived from the receipts of such branch line for business done on the same, or otherwise shall be en- titled to come into the company on the same terms as original shareholders, and such stock or shares shall be a portion of the capital stock of the company. 11. The shareholders in each town or village in which an office shareholders in is opened for the transmission of messages by the company's lines ciwi'dii-w"?/ of telegraph, may so soon as may be convenient after such office shall be opened, and thereafter annually, on a day to be fixed l)y the bye-laws, by a majority of votes, elect from their number one director of such company ; and any such town or village owning one hundred and sixty shares in the company may elect two direc- tors, any town or village owning three hundred and twenty shares may elect three directors, any town or village owning six hundred and forty shares may elect four directors, and any town owning one thousand two hundred and eighty shares or more may elect'' five directors, the directors may meet whenever tliey ?haU see fit, or it shall be directed by the bye-kws, and may by a majority of votes elect from their number a president and executive committee, who may appoint a secretary and other officers of the company, and make, adopt and change the bye^aws of the company. 12. No shareholder shall be liable on account of the debts of fpfsonai liability the company for a greater amount than double the amount of the "^ "'"*'"'''*"■'• stock held by him, deducting therefrom the amount paid to the company on account of such stock, unless he shall have rendered himself liable therefor by becoming surety for the debts of the company. 13. The governor shall have at all times, in preference to all others, the right of using the lines of telegraph, for the transmission of messages relating to the public service, and the rate of chart^os therefor shall not exceed the charge made to private individuals" 14. The company, or any local company erecting lines to connect ''•'"«» "ay ^ with those of the company, may erect lines of telegraph along the side ll^''o\ public" of any public highways, provided they do not interfere with the right mg"S'a3°"ic" of travelling thereon : and may enter into any lands, survey, and set off such parts thereof as may be deemed necessary for the lines of telegraph, and may take any posts or building materials neces- sary to make or repair the lines, or any buildings in connection therewith, making to the owner due compensation therefor. 15. In case of disagreement between the company and the Difference. b«. owner as to the value of any lands, posts or building materials, EfanTcr^. which the company may have taken for the purposes aforesaid "y to be settled tj such disagreement shall be settled by arbitration. ' " "*^'"'" 16. Any person interrupting the free use of the telegraph line Penalty for inter- or works connected therewith, shall incur a penalty of not less than 2?.^.'°* "* " Public service to have preferential use of liQes. the l)ri- i ! 190 Persons wilftilly dainnglng Huine to be Kuilty of misdemi'uuor. Company to buI> mit accounts nl- tcsteil to proviii- eliil leginlature, lui. Company may connect their lines with, and pur- chase the lines of Truro and Victou company. Charges not to be greater than go- vernment line. This act to extend only to lines in operation, Febru- ary, 1853. Legislature may at any time take lines and worli ths fame. Operators to take oath before enter- log Into any office. OoTcmor In coun- cil m%y assume control of Ua«i, PRIVATE AND LOCAL ACTS five nor more than ten pounds, to be recovered before one or more justicea of the peace for the county, one half of which shall ao to the informer, and the other half to the public uses of the county. 17. If any person shall wilfully obstruct or damage any tele- graph line, works, buildings or machinery in connecUon therewith, he shall be adjudged guiltv of a misdemeanor. 18. The company shall annually submit to the three branches ot the legislature, within ten days after the opening of the provin- cial parliament, a particular account, attested upon oath, of the monies by them received and expended under and by virtue of this act, with a statement of the amount of income and profit, gross and net receipts received by them for the use of the telegraph, in each year respectively, and the rate of charges shall be subject to the annual revision and control of the legislature; but the company's charges shall not be reduced at anytime unless the lines pay a dividend of eight per cent., and four per cent, into a casualty or reserve fund. "^ ,, '^\ ^5® Nova Scotia electric telegraph company shall connect their Ime from Sydney, Cape Breton, or the Strait of Canso, with the Iruro and Pictou company's line, which shall extend to the town ot Pictou ; and so soon as the company's line from Sydney shall be in operation, they shall purchase the Truro and Pictou company s line at cost and charges, and interest on the capital ex- pended, deducting therefrom the net receipts ; or the Pictou and Iruro company may have the option of joining their stock to that ot the general company at the same value, and come in as ioint stockholders. •' .1, ^i ^o ^^^^^^ ^^^"Se shall be made for carrying messages bv the Nova Scotia electric telegraph company, over their wires, thai IS now charged on the government line for equal distances. }' ■ r ?^ °f ^^^^^ *^® fifteenth day of February, one thou- sand eight hundred and fifty-tnree, the three severaf sections of telegraph hereinbefore mentioned shall not be completed, the pro- visions of this act shall only extend to the lines then actually in operation. ^ 22. The legislature may at any time hereafter, at its option take the bnes erected by the company, and work the same for the benefat and under the control of the government, on paying to the company the net coat of the same, and the appurtenances and the interest thereon, if the receipts have not been equal to pay interest thereon, with a bonus of ten per cent. 23. Before any operator shall be put in charge of any office or any clerk or other person shall be employed therein, he shall take betore a justice of the peace, the oath in the schedule to this chap- ter, and for breach thereof he shall be guilty of perjury and sub- ject to the penalties for such oFence. tr J J, 24. If, after having obtained the transfer of the provincial line any of tue company's lines shall be down, or out of working order ior twenty days m my one time, between any two stations in Nova OF NOVA- won A. 191 Scotia or Cape Breton, and for three raontlis across the Gut of Canso, the governor in council may assume the control over the provincial line upon paying the company the sum paid therefor, and the line shall thereupon revert to the province as if no transfer had ever taken place. 25. The fourth and fifth sections of the eighty-seventh chapter 4th ana 5th .« of the revised laws, passed during the present session, and such S^LJ^'e*^ other parts thereof as may he plainly inconsistent with the forego- <'«n>rto'tIir.'M"' ing provisions, shall not extend to this act. ° SCHEDULE. I, A. B., do swear that I will keep secret all messages entrusted """' '" ^ »*'"'' to me, or which shall come to my knowledge as operator [or clerk "" '"^""°'" 6rc. as the case may be] of the Nova Scotia electric telegraph company, and I will not divulge the same to any person whomso- ever but to the person to whom they are addressed, or his agent, unless required in a court of law. cs ^ <. A. B, bworn before me, at , this day of ' A. D. 18-. CD., J. P. SPECIFICATION «,,„,,,„. Of manner in which the three sections of the Nova-Scotia elec- tric telegraph company's lines shall be built. 1st. The lines to be built in a good and substantial manner, with tine., forty posts to the mile, set five feet in the ground or braced or sup- ported by stones similar to the line now erected between Halifax and Amherst. 2nd. The posts to be five inches across at the small end and to Posti. be twenty feet long tc be of Hackmatack, where it can be had within ten miles of the place where the same are to be used, and when not to be had within ten miles, pine and such other wood may be used, as may be agreed upon by a majority of the local directors. 3rd. The wires to be the best annealed charcoa' wire, not less in mm size or inferior in quality to the wire now on the line between Hali- fax and Amherst. 4th. The insulators to be of the best description of glass, on iron msuiato,.. pins or hooks, corked, canvassed and secured in every way similar to the line now erected between Truro and Pictou, unless an im- provement may be suggested and approved by a majority of all the permanent and local directors of the companies that may at the time be formed. 5th. The batteries and instruments to be of the most approved mttcriei. patterns, not inferior to those used on the line from Halifax to Amherst. l\ PreaiDblt. 192 ^«5'>/.'' ^f PRIVATE AND LOCAL ACTS /$ ^, » 1Wm.4,cUp.r. AN ACT FOB THE ENCOURAGEMENT OF THE NOVA-SCOTIA HORTICULTURAL SOCIETY, l*088cd 27th MarcL, 183T. Wlicrcas tlie said society intend to found a public garden in the western suburbs of the town of Halifax, in order to create and ex- tend a taste for horticultural pursuits, and to increase and improve the productions of the province ; and whereas the site of the said ganlen is proposed to be a certain piece or parcel of ground con- taining about five and a half acres in all, and which was orir^inally a part of the common of Halifax ; and whereas the said ground is now under lease, in different lots, and the lessees thereof are bound to pay certain rents in respect thereof to the commissioners of the said common, to be expended under the act, in that behalf, for improving the same ; and whereas the said society having been in- stituted for a highly useful and beneficial purpose, and having no tunds, except such as are to be raised by voluntary subscription it IS expedient and proper to relieve them from the payment of such rents : "" 1. Be it therefore enacted, S,'c., That the rents due and pay- able to the said commissioners in respect of such common lots as shall be actually occupied and used by the said society, its oflBcers and servants, as and for a public garden, not exceeding five and a lialt acres, shall not be exacted or required by the said commission- ers so long as such lots shall be so occupied and used, under such regulations and restrictions only, as may be required for the due management and superintendence thereof; but if such lots, or any part thereof, shall not continue to be so occupied and used, then and in such case, such commissioners shall be entitled, and are hereby required, to demand and receive the rents for and in respect ot such portions thereof as shall not be so occupied and used, from the parties legally bound to render and pay the same, and to apply such rents, when received, in the same way as if this act had not been made. 2. It shall and may be lawful for the commissioners of the common, and they are hereby required, upon application of the committee of the said horticultural society, to grant a lease of that part of the said common adjoining the lots before named, and lyin-^ between the said lots and the road to the eastward thereof, to thi said horticultural society, for such term of years and for such rent not exceeding five shillings per annum, as they may deem expe- pedient : provided always that nothing herein contained shall ex- tend or be construed to extend to authorize the said commissioners to grant any lease upon terms repugnant to the laws now in force respecting the common. norticuUnrnl so- ciety to hdvtcnin- ■uou lots runt frci. . Lease of common lots to be (j'lven to horticultui-al soci- ety. 1 iIm Of VOVMBCOTIA, 193 )VA-SCOTIA AN ACT TO INCORPOKATB THft NOVA-SCOTIA HOBTICULTUR \L SOCIETY. Pi«»e« KUi Mwch, 1847. 10 Tie., chap. 64. T i ^. '' '^'^"^^^'^^ ^<'-. That the honorable Thomas Nickleson , Jeffery, Thomas Williamson , William Lawson the young^^^ A 5'°'"®' l""^^ Blackmoro, John McDonald, James W. Nuttinc """""" """"'• Andrew McKmlay the honorable John E. Fairbanks. Henri; Pryor Andrew R.chardson, William Pryor the younge^, Hui Hartshorne and Henry Ince, and such other persons as ohall from !irKr''u T .^*^°'"® proprietors of shares in the corporation hereby established, their successors and assigns, shall be, and they are Hereby erected into a company, and declared to be a body politic and corporate in deed and in name, by the name of " the Nova- bcotia horticultural society," and by that name shall have succes- sion and a common seal, and by that name may sue and be sued implead and be impleaded, answer and be answered unto in any court of law or equity, or place whatsoever, and be able and capable in law to have, hold, purchase, take, receive, possess and enioy any lands and tenements, goods and chattels; and also to give' grant, let, assign or convey the same or any part thereof, and to do ajad execute all other things in and about the same, as may be thought necessary and proper for the benefit and advantage of the said corporation ; and also that the said company, or the major part ot them, shall from time to time, and at all times, have full power authority and license, to constitute, ordain, make and establish' change, vary and alter such bye-laws, rules and ordinances as may be thought necessary for the good rule and government of the said corporation : provided such bye-laws, rules and ordinances be not ivo,.ao contradictory or repugnant to the laws or statutes of this province or those in force within the same : and provided also, that such bye- laws, rules and ordinances, shall not be of any force or effect until the same shall have been approved of by the governor in council. nnL 4V, company, and its affairs and business, shall be M.na«.m«tof under the management and direction of a president, and such «"°P«°y"5='= other officers as shall be named and designated by the bye-laws of the said company ; and the shares thereof shall be assimable and transterable, in such manner and upon such terms as shall be pro- vided and directed by the said bye-laws. 3. At any annual or special meeting of the company, each nro- v . . prietor or sh^eholder having paid up 111 calls orSmTde.Zd ^^^- ""- then due and payable, shall be entitled to vote ac<5ordine .o the number of shares which he may possess, namely, the owner of one share to have one vote ; the owner of three shares to have two votes; ann thfi onmor nf oiv «»»»... _. i. .-, 1- - n t . , -, - — r ... .,!.^ Q. auj- gicaici- naiuoeroi snares, to have three votes and no more, and may give such votes by his proxy, 25 194 l\ LUbiUtjrofibkre- boldtre. PRIVATE AND LOCAL ACTS duly constituted according to the bye-laws — the person applying to vote under luch proxy, l)eing a shareholder and entitled to vote at Buch meeting. 4. Nothing herein contained shall extend to relieve or dis- charge the said company, or any of the present or future proprietoro or other holders of shares, from any responsibility, contract, duty or obligation whatsoever, to which by law they now are, or at any time hereafter may be, or would have been, subject or liable in case tills act had not been passed, aa between such company and any other party whomsoever, in any manner or way howsoever ; and the said proprietors or holders of shares in the said company, their lands, goods and chattels, shall be liable under any execution which may be issued against the said corporation, in the same man- ner and to the same extent as if this act had not been passed. Amonnt of joint •tJCk, thSTv!8, &c. t MTie., ch»p,40. AN ACT IN ADDITION TO THE ACT TO INCORPORATE THE NOVA SCOTIA HORTICULTURAL SOCIETY. Puaed 3l8t Mtrch. 1849. totfflbit. Whereas the present stockholders in the said company since the act of incorporation, besides the annual subscription, have advanced the sum of nine pounds per share to pay the debts of the said com- pany ; and whereas there are other debts due by the said company to be provided for. and the said company are desirous to have the amount of the capital stock of the said company, and also of the liability of each shareholder to the company defined : 1. Be it therefore enacted, ^'c., That the capital or joint stock of the said company shall hereafter be one thousand three hundred and fifty pounds, and shall be divided into shares of nine pounds each, of which the whole has already been paid or is about to be paid, and shall form a part ; and in case the balance due upon any such share shall not be paid in thirty days after being demanded, such share shall be sold by public auction, and the pro- ceeds be applied to the use of the said company. 2. The said company, by the directors or managing committee, shall have power to borrow money on bond or on loan certificates, to pay off the existing debt of the said company, or any debts that may hereafter be incurred to the amount of the capital stock of the company, upon a vote of the company, convened at any general or special meeting, passed by three-fourths of the stockholders present — the object of such meeting being specified in the notice thereof proviM gi^en at least thirty days previously : provided that nothing in this act contained shall extend or be construed to extend to dia- Company empow* cred to borrow money. OF NOVA-SCOTIA. 195 3n applying to itied to voto at •elieve or flis- ire proprietors [itruct, duty or ire, or at any t or liable in company and ly howsoever ; mid company, any execution the same man- FE THE NOVA jany since the liave advanced the said com- said company as to have the d also of the charge the stockholders from their liability to pay the debta of the company after the assets of the company shall have been first ap- plied to that purpose. 8. A majority of the shareholders present at any general or ''"'"' '*«"'*• special meetmg shall have power to make such rules, onliTs, n'n;u- lations and bye-laws, and to vary and altor the same, arid generally to do and perform all the business of and concerning the said soci- ety as may be deemed proper ; provided that no bye-law shall be P'o'Iw. in force until approved by the governor in council. AN ACT TO AMENb TDE ACT TO INCORPORATE TUE NOVA SCOTIA W Vlo., oUp. OJ. HORTICULTURAL SOCIETY. Passed 28th March, 1»50. 1. Be it enacted, Sfc. — The directors or managing committee p''''^«">" """y _,._ a • \ • ^ 1 . I a r> twrrow money oo of the rJova Scotia horticultural society may borrow money on bond '""i or loun ar or loan certificates, under the provisions of the second section of 0/ jejooo'." """*'' the act twelfth Victoria, chapter forty, to the extent of two thou- sand five hundred pounds, and no more, upon a vote of the com- pany convened at any general or special meeting, passed by three- fourths of the stockholders present — the object of such meeting being specified in the notice thereof given at least thirty days pre- viously ; and no money shall be so borrowed unless the whole amount of the debts due by the company shall be less than the sura of two thousand five hundred pounds, and the money so borrowed shall be applied to the payment of such debts. pital or joint bousand three shares of nine lid or is about ) balance due ys after being , and the pro- 3g committee, .n certificates, my debts that il stock of the ny general or aiders present notice thereof it nothing in xtend to dis' AN ACT TO INCORPORATE THE HALIFAX OAS LIGHT AND WATER » ^te., clap, tl COMPANY. Paucd 2Tth March, ISM. 1. Be it enacted, 4*c., That John Leander Starr, Andrew Richardson, Thomas Forrester, James Boyle Uniacke, Richard Brown, Joseph Starr and Edward Cunard, esquires, and all and every other person or persons, who shall from time to time, be and become proprietors of shares in the corporation hereby established, their successors and assigns, shall be, and are hereby erected into a company and declared to be a body politic and corporate, by the name of "the Halifax gas light and water company," and by that. Company locw IKrst«d. 196 w PRIVATI AND LOCAL ACT8 l\>v»»r» Rnd pti. vllrin. Uuiltttlon of lYRl MUlr. ('HpiwI. Appointment of prealdent, Ulrit- ton, &c. Ac. PMViW. ?ipe«, leader*, t«b«>, &«. name shall have succesflion and a common seal, and by that namo onjoy, any houses, lands an, I tenements whatso;ver in^e m ' lea«eho Id or otherwise, and also any goods and c mtte , nd'ull other th,ngs real, personal and mixec( a*S^.lso to g T^r;, t e yl'tUdHr' *'' "r '' ""7 ^'' ^^'--f' - ""'1 -^ Ttlie^slfdef pa^^^^^^^ '''^' ^^ '"^^ ^"««^ «"'» "^vantag. SStrtCaiT^'unT'"^^ " '"^^"^"'"^"^^ ^' ^'-"^' nd mavt ^^'^/.^r'"*! «»'»res of ten pounds eacCnnd t shall nmSeW aftir" b^ '^' «^P«"?« ^^^^ mentioned in this act, Xosed from th. r ?• 'i" '^"r ""^'^ '^'''y ^^'^y^ «hall have oS 1.7 Kr'^*^ °" ""'^.''^ '"'^ subscription shall have been SoLrs Jn '.t"''''^*'J^^ «'^^°' I'y advertisement, inT newspapers at Halifax, and if at the end of thirty days after nublic Totr/V""' '^' ^^°^« ""'"^^ of shares Jf andt [he said Cor slc7ia'?b' " ^"""^'^" P'^^^"'-'^' shall nJueaken Z Sue oSb J'' ''"^ P"*^? "' ^P'"'^"^ "^^y subscribe for uie residue of such shares, notwithstanding such person or nersonH may respectively subscribe for more than fifty shE ^ oil /i, u . ^^ ^^^ '^ *he sa'd company shall he formed intl lpaVy\TJt-oT V^"^" ""** -^^'lawfuriirThe'sa; company, by a majority of votes, at any meeting or meetings to be hereafter held, to appoint a president, directors^ndofficeifof the prescribing the duties, powers and authorities of the president di- rectors and officers of the said company, for limiting tKumber of directors for regulating the paymentVtransfer, registry ami ?o?- teiture of shares, the time or times of the meetings of the comDam- Z"J'%^''''''V^' T^'"« '^ '^^'^^"^^ «f profits and l^^l 2eLm^7T' •'!^ g^"^™^;^'' tJ^o goid ord^r, conductZ £ rTS a' ""'^ '''™P'"y' '^ "ff*''^ «"d business, as may be requisite and necessary : provided always that no bye- aw rule or ordinance shall be repugnant to this actfor to the laws or act?of his province or those in force within the same ; and provided also tha no bye-law, rule or ordinance shall be of any force or effect rii:?«e^^\!S:r' Heutenant-govemo^or lis 4 -^t 2^Ji^ tt^^lffi' -^^^ OP NOVA-SCOTIA. 197 on or persons and gas light, and for that purpose, at a proper and convenient ilis- tance below the surface of the roads, streets and highways of the said town, to cause pipes, leaders »n have three i'^ his or her es or ordi- ind entitled i suflScient, ed in per- ano person, on the re- te therefor, ting of the ance of the li the said of the se- of the said Jrty to all istrued to ending of my bank- anderwri- :, or upon Payment of shares. company. 14. The said company shall be at liberty to commence and un- company may dertake the lighting of the said town with gas, or the supply of rauoM?*^ "'*' water for the same, either senarately or together, as may to such company seem most advantageous, and in either case to have and exercise all the powers and privileges hereinbefore conferred on such company. 15. The shares subscribed for by any shareholder in such com- pany shall be payable in cuch manner, by such instalments or calls and at such times and upon such notices as by the bye-laws, rules and ordinances of the said company may be ordered and directed ; and if such calls or instalments shall not be paid, it shall and may be lawful for t>^^ ^^^ Halifax gas hght and operation. Water Company may forthwith go into operation, and choose a pre- sident and officers, make bye-laws and proceed with the undertakine agreeably to the provisions of the said act hereby amended Preamble. r Vic. Chap. 72. AN ACT TO AMEND THE ACT TO INCORPORATE THE HALIFAX GAS LIGHT AND WATER COMPANY, AND AN ACT PASSED IN AMEND- MENT THEREOF. ^air^s^iv Passed 19th April, 1844. Whereas by an act made and passed in the third year of the reign of her present majesty, entitled, an act to incorporate the Halifax gas light and water company ; aaid also by an act passed m amendment thereof, in the fourth year of the rdgn of her said majesty, certain powers and privileges are vested in and bestowed upon the said Halifax gas light and water company ; and wherTas the sajd company, by petition, stating that they are desirous to hmit their operations to the manufacture of gas, for the production and supply of light only, and have prayed th^'an act mayle pr Bed to change the name of the said company, and that the said company may be called the Halifax ga« light company Haufax ^ iight 1. Be U therefore, enucted, ^c, That the said company shall from and after tl^ passing of this act, be called and known by the name of the Halifax gw light company, and not by the nami ot the Hahfax gas light and water company ; and that the presi- dent, directors and officers thereof shall be called and known by the name of the president, directors and officers of the Halifax gas light company and not by the name of the president, directors and offi- cers of the Halifax gas light and water company ; and that the said company shall be called and designated the Halifax gas light com- pany, m all respects and as fully as if it had been so callSi in the said acts and the persons in the said first recited act had been therein incorporated under the name of the Halifax gas licht com- pany; and that all gifts, grants, conveyances, leases, agr'^ments, CMOpany. m : OVA-SCOTIA. 201 contracts, suits, payments, reckonings, dealings and transactions, to, by, with, against, for or on account of the said company, before the passing of this act, shall be, remain and continue in the same plight and condition as if the said company had been originally in- corporated under the name of the Halifax gas light company. z. All, or any and every, the powers and privile^^es conferred P'"'^" p-»n'«<> ' , y ,, • i' ^ • 1 1 ,» • 1 , to company here- upon or vested in the said company in and by the said acts, or tofore u, supply either of thern, relating to or in manner concerning the supplying torcvukeu.'' "* of the city of Halifax with water by the said company, shall be, and the same hereby are repealed and revoked ; and that the said company shall not be authorized or empowered by the said acts to undertake, do or perform any act, matter or thing for supplying the said city with water in any way or manner howsoever, any- thing in the said acts, or either of them, contained to the contrary in anywise notwithstanding. AN ACT TO INCORPORATE THE KEROSENE GAS LIGHT COMPANY. 13 vie, chap. 2». The kerosene gas light company in- corporateil. Passed 28th March, 18S0. 1. Be it enacted, ^c. — Abraham Gesner, Enos Collins, Ed- ward H. Lowe, John Burton, George E. Morton, James C. Cogs- well, John P. Mott, Lawrence E. Van Buskirk, John Silver and such other persons as shall become proprietors of shares in the corporation hereby established, their successors and assigns, are hereby created a body corporate, by the name of "the kerosene gas light company," and by that name shall have succession, and may sue and bo sued, and have a common seal, and hold, take, lease and possess, real estate, in fee simple, leasehold or otherwise, and also any personal property, and may sell, let, assign or convey the same or any part thereof, as may be thought necessary and proper for the benefit of the company. 2. The original capital or joint stock of the company shall be capital. forty thousand pounds, to be divided into two thousand shares, of twenty pounds each. 3. When the company shall be formed, and all the shares taken Appnintmentof up, they may, by a majority of votes at any meeting, appoint a «'*''=«"• president, directors and officers of the company, and make bye- laws, for prescribing the duties and powers of the president, direc- tors and officers of the company, for limiting the number of directors, for regulating the payment, transfer, registry and forfei- ture of shares, the times of meeting of the company, or of the directors, the making of dividends of profits, and the keeping of the Their poweri. accounts, and generally for the good order, conduct and government of the eompaay, its aSairs and busMiess, as inay be necessary, but 2? 202 Company to «up. ply Iliilifax "ind I)Hrtiiiuutb with giu light. Company may o]i«u :)tr(Htt«. Mode of laying duwu pipes. Begulation of votes. PRIVATE AND LOCAL ACTS no bye-law of the company shall be repugnant to this act or to the laws 01 the Province. ♦T, ^" •. '■'"''JPttTI"^"^ ^^^'^ organized may supply the inhabitants of the city of Halifax and town of Dartmouth with gas light, and for that purpose, at a proper and convenient distance below the sur- tace ot the streets and highways, may cause pipes, leaders and tubes to be laid and placed, ae may be proper and necessary, and may place and erect in convenient and fitting situations, lamp poste and burners and supports for the same, as may be necessary li hted ^''''^''' ^^ ^"^ ''^ ^^""^^ °'' P^*^ of streets as may be 5. For the purposes aforesaid, after ten days' notice riven to th. commissioners of streets, the company may break open the roads, streets and highways, in or near such city or town, wherever It may be necessary to do so, and may keep such road, street or highway open for such reasonable time as maybe necessary :— but the company shall faithfully and carefully close up, repair and make good such roads, streets or highways, so opened, at their own costs and charges, or othenvise shall be liable to defray and make good all expenses to be incurred by the commissioners of streets in closing up, repairing or making good, any road, street or highway so opened, which expense shall be recovered by the commissionere ^t^eete against the company as a private debt for work and labor b. All the pipes and conductors to be laid down by the com- pany tor the conveyance of gas, in or under any street, lane or other public passage or place within the city of Halifax, shall be laid wherever the width of the street will allow thereof at the distance ot tour feet at the least from the nearest part of any pipe or other conduit already laid down or used for the conveyance of eas or water, m or under such streets, lanes or other public places within or atljacent to the city, and running parallel with such pipes to be newly laid down ; and in cases where it shall be unavoidably necessary to lay the pipes across any of the gas or water pipes alrepdy laid down, they shall be laid over or under the pipes already laid, at a convement distance therefrom, and shall form therewith as nearly as possible, a right angle ; but the provisions of this sec- tion may be dispensed with by agreement between the company hereby estabhshed and any other company or individual interested m the subject matter of the dispute. 7. At any general or special meeting of the company every proprietor or shareholder having paid up all calls on himmadeand then due and payable under the bye-laws, shall be entitled to vote according to the number of shares which he may possess— the owner of one share being entitled to one vote, the owner of four shares to two votes, and the owner of eife!:. or more shares to three votes, and no more, and may give such vote or votes by his proxy duly constituted according to the bye-laws, such proxy being a shareholder and entitled to vote ; and whenever any share is held by more than one person, that iMrnnn onlv nrocu>nf .<■ ♦!,« «,««*i~r. this aet or to the the inhabittpts of ^s light, and for a below the sur- pes, leaders and d necessary, and situations, lamp nay be necessary itreets as may be notice given to break open the r town, wherever 1 road, street or necessary : — but up, repair and led, at their own !efray and make ers of streets, in feet or highway e commissioners work and labor. wn by the com- «t, lane or other K, shall be laid at the distance ly pipe or other ance of gas or ic places within uch pipes to be be unavoidably or water pipes le pipes already form therewith, [)ns of this sec- 1 the company idual interested company every 1 him made and entitled to vote T possess — the owner of four shares to three I by his proxy, proxy being a y share is held at the meeting OP NOVA-SCOTIA. who stands first in the registry, or is first named in the stock cer- tificate, shall vote. 8. The mode of voting by the directors at any meeting of the board, shall be regulated by the bye-laws of the company. 9. Notwithstanding any real estate which may be owned by the company, the shares in the capital stock and funds shall be held to be personal property for all purposes. 10. The shares subscribed for, or held by any shareholder shall be payable in such manner by such instalments or calls, at such times and on such notices as by the bye-laws of the company may be directed, and if such calls or instalments shall not be paid, the company mav sue for and recover the amount thereof, by suit against the shareholder who shall make default ; but the calls of the company shall not exceed twenty-five per cent, on the capital stock during the first twelve months after this act shall go into operation. 11. Nothing herein contained shall be construed to extend to discharge the company or any of the present or future shareholders therein from any responsibility, contract, duty or obligation what- ever to which bye-law they now are, or at any time hereafter may be or would have been subject or liable had this act not been pas- sed, as between such company and any other party ; and the share- holders in the company, their lands, goods and chattels, shall be liable under any execution that may be issued against the company in the same manner and to the same extent as if this act had not been passed ; but if the directors shall incur any responsibility for any sum of money beyond the amount of the shares subscribed for without the sanction of the company first had and obtained at some general or special meeting thereof, called and summoned agreeably to the bye-laws of the company, the directors shall themselves be held personally liable for the amount so by them incurred. 12. The company shall not hold at any one time real estate be- vond the value of ten thousand pounds, nor shall they lend money by way of discount, nor engage in any banking operation, nor as underwriters effect any insurance. 203 Voting regulated l)y bye-luwa. Rciil CDtate to be belU 08 t>«r9onttl. Puyment of sliurva. Shareholders indl viUuully liable. lUal estate of company auU re- strictionii.j AN ACT TO AMEND THE ACT TO INCORPORATE THE KEROSENE GAS W Vic, ehap. 8. LIGHT COMPANY. Fused 31st March, 1851. 1. Be it enacted, ^c— So much of the second section of an 2nd see. net isth act paased in the thirteenth year of her majesty's reign, entitled an ^''=- p*"'' '«' act to incorporate tho ker(^ne gas light company, as relates to'the capital stock and the amount of shares, is hereby repealed. A 204 Capital Btnck of tompauy. Capital may be iiicreusvU, Company must go into operation In Uire« yeuri. PRIVATE AND LOCAL ACTS 2. The capital stock of the company shall be ten thousand pounds, to be divided into one thousand shares, of ten pound^each. 3. The company may, if they see fit, at any special meeting called for that purpose, increase the amount of the capital stock, and the number of shares, but the capital stock shall not exceed the sum of forty thousand pounds. 4. Unless the company shall go into operation within three years, this act shall have no force or «fect. • vie, chap. 41. AN ACT TO INCOBPORATE THE PICTOU OAS LIGHT COMPANY. ! PIctou gas tight company incor- porated. frovlio. Amount of capital of jliai-es, &c. — opening subscrip- tioD book, tie. Passed 20lh March, 1846. 1. Be it enacted, S^c, That James Primrose, James Purves, Thomas Gibson Taylor, James Chrichton, John Yorston, James Daniel Bain Fraser, and George Moir Johnston, and all and every other person or persons who shall from time to time be and become proprietors of shares in the corporation hereby established, their successors and assigns, shall be and are hereby erected into a com- pany, and declared to be a body, politic and corporate, by the name of " the Pictou gas light company," and by that name shall have succession and a common seal, and by that name shall and may sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in any court or courts of law or equity or place whatsoever, and be able and capable in law to have, hold, purchase, take, receive, lease, possess and enjoy any houses,' lands and tenements whatsoever in fee simple, leasehold or other- wise, and also any goods and chattels, and all other things, real, personal or mixed ; and also to give, grant, sell, let, assign or con- vey the samo, or any part thereof, as shall and may be thought ne- cessary and proper for the benefit and advantage of the said com- pany. 2. The said company shall not have, take, hold, possess or en- joy at any one time, lands, tenements or hereditaments of greater value than four thousand pounds. 3. The original capital or joint stock of such company hereby established shall be the sum of five thousand pounds, to be divided into one thousand shares of five pounds each ; and it shall and may be lawful for the persons mentioned in this act, immediately after the passing thereof, to open a book for subscription of shares to the said company, and no person shall be entitled to subscribe for more than one hundred shares until thirty days shall have elapsed from the day on which such subscription book shall have been opened, and public notice thereof given by advertisement in the newspaper at Pictou ; and if at the end of thirty days after public notfce so 1 be ten thousand )f ten pounds each, ly special meeting the capital stock, : shall not exceed itiou within three IQHT COMPANY. 36, James Purves, ti Yorston, James and all and every me be and become established, their rected into a com- )rate, by the name t name shall have shall and may sue and be answered courts of law or »le in law to have, jnjoy any houses, isehold or other- ther things, real, let, assign or con- ly be thought ne- of the said com- Id, possess or en- ments of greater company hereby ids, to be divided it shall and may immediately after 1 of shares to the ubscribe for more ave elapsed from ave been opened; In the newsDaner public notice so OP NOVA-SCOTIA. 205 given, the whole number of shares of and in the said joint stock or capital as hereinbefore prescribed shall not be taken up or subscri- bed, then any person or persons may subscribe for the residue of such shares, notwithstanding such person or persons may respec- tively subscribe for more than one hundred shares. 4. When and so soon as the said company shall be formed, and Appointment of at least three thousand five hundred pounds of the shares subscri- ol'uyriSl'kc. bed for, it shall and may be lawful for the said company, by a ma- jority of votes at any meeting or meetings to be thereafter held, to appoint a president, directors and officers of the said company, and to make bye-laws, rules and ordinances for prescribing the duties, powers and authority of the president, directors and officers of the said company, for limiting the number of directors, tor regulating the payment, transfer, registry and forfeiture of shares, the time or times of the meetings of the company or of the directors, the ma- king of dividends of profits and the keeping of the accounts, and generally for the good order, conduct and government of the said company, its affairs and business, as may be requisite and neces- sary : provided always that no bye-law, rule or ordinance shall be repugnant to this act or to the lawa or acts of this province, or those in force within the same ; and provided also that no bye-law, proviso, rule or ordinance shall be of any force or effect until approved by the governor, lieuttnant-goveruor or commander-in-chief for the time being. 5. It shall and may be lawful for the said company, when for- company may lay med, to supply the inhabitants of the town of Pictou with gas light, ,''''"'' *'|=' /""=' 1 /. ,t '' 1 . 1. " , *? lamp posts, &c. and tor tiiat purpose, at a proper and convenient distance below the surface of the roads, streets and highways of the said town, to cause pipes, leaders and tubes to be laid and placed as may be pro- per and necessary ; and in the streets of the said town to place and erect in convenient and fitting situations, lamp posts or burners, and supports for the same, as may be necessary and required for the proper lighting of said town, or of such streets or parts of streets as may be lighted. 6. For the purposes aforesaid, after ten day's notice given to To notify commig- the commissioners of streets of said town, it shall and may be law- ^^"'^^'^ "' "''**"■ ful for the said company to break up and open the roads, streets and highways, in or near to the said town, in any place where ne- cessary, and to keep any such road, street, or highway open for such reasonable time as may he necessary : provided always, that proriao. the said company shall faithfully and carefully close up, repair, and make good the said roads, streets or highways, to be so opened at their own costs and charges, or otherwise shall be liable to de- fray all expenses to be incurred by the commissioners of streets, in closing up, repairing, or making good any road, street or high- way, by tii? said company to be opened up, which expenses shall be recoverable by said commissioners against the said company, with costs, in her • jesty's supreme court, by suit or action agairigt the said company, i*. which it shall be sufficient for said couuuis- 206 RcKutntloni for llghUoK atreeti, he. ProTlM. Incresie of cap! Ul. QaalifieaUon of V«ter«. PRIVATE AND LOCAL ACTS sioners to declare for work and labor done by them for the said company. •' 7. Whenever a majority of the proprietors of houses or build- Zfj: '\"y .street or in any block or square of lots in the said tovvn, shall desire that such street or such block may be lighted ud w. h pubhc lamps or burners, and the said company shall agree t? light the same, ,t shall and may be lawful for the ^id proprietors and the said company to apply to the court of general sessions of the peace at Pictou, and ,f such court shall be satisfied that a ma- ^rKf ! T proprietors have actually consented and agreed that the street or block m question shall be lighted, then and in such case the said court shall cause a fair and proportionable rate to be made upon the whole property in such street or block by three sworn appraisers, being proprietors of houses in said town, to be appointed and sworn by the court, who shall not be interested in the street or block in question, and when such rate shall be made and returned and approved by the said court, the said court shall order such street or blockto be lighted, and that the expense thereof shall be borne by the proprietors of the houses and buildings in such street or block agreeably to the rate aforesaid, and on the re- or neglect of any proprietor to pay such rate, the said com- pany shall be entitled to proceed against such proprietor and to recover such rate, with costs, by suitoraction, as if such rate were a c ebt due for money paid, and work and labor performed by the said company for the said proprietor. 8. If all the proprietors of houses or buildings in any street or block in the said town of Pictou, shall by written agreement, contract for lighting said street or block with the said company and fix and estabhsh a rate therefor, then, and in such case, it shall not be necessary to make any application to the said court, but the rate agreed upon shall be paid and recoverable aa hereinbefore nre- scribed, m respect of the rate to be established by and under the direction of the court. "^ 9. Whenever it shall become necessary to increase the capital or jomt stock of the said company, it shall and may be lawful for the said company at any general meeting to be called agreeably to the bye-laws, rules and ordinances to be made as aforesaid to de- clare and direct that such increased capital shall be raised, not exceeding two thousand five hundred pounds, to be divided in shares ot the like amount, as in respect to the original capital hereinbe- fore IS prescribed, and such shares shall be sold at pubhc auction after notice in a public newspaper for at least thirty days, and if sold at any profit, such profit shall be divided and paid equally among the proprietors as well of the increased capitd as of the onginal capital. ^ '^ " 10. At any general meeting of the said company, every pro- prietor or shareholder having paid up all calls on him made and then due and payable, if any be then due and payable under the bye=laws, rules or ordiaaages of the said company, shail be enti- o OP NOVA-SCOTIA. 907 tied to vote according to the number of shares which any proprie- tor or shareholder may possess, that is to say, the owner of one share to have one vote, the owner of three shares to have two votes, and the owner of five shares to have three votes, and for each additional five shares to have one vote, and may give such vote or votes by his or her proxy, duly constitutctl according to the bye-laws, rules or ordinances of the company, such proxy lio- ing a shareholder and entitled to vote, and every such vote by proxy shall be as good and sufficient to all intents and purposes as if such principal had voted in person ; and whenever any share shall bo held by more than one person, then the person present at the meeting who stands first on the registry, or is first named in the stock certificate, shall vote therefor. 11. The mode of voting by the directors at any meeting of the votes of directors. board, shall be regulated by some bye-law, rule or ordinance of the said company, to be duly passed by the same. 12. For and notwithstanding any real estate which the said shareg deemed, company may hold at any time, the shares and interests of the se- veral shareholders of and in the capital stock and funds of the said company, shall be held and deemed to be personal property to all intents and purposes whatsoever. ^ 13. Nothing herein contained shall bo held or construed to company not to give the said company the privilege of dealing in the lending of a"r'!,rr"4o' ""' money, by way of discount or otherwise, or engaging in any bank- ing operation whatsoever, or to underwrite or make as underwri- ters, any insurance upon any ship or vessel, or marine risk, or upon any loss by fire, or upon any life or lives. 14. The shares subscribed for by any shareholder in such com- pany, shall be payable in such manner, and by such instalments or calls, and at such times, and upon such notices as by the bye- laws, rules, or ordinances of the said company may be ordered and directed; and if such calls or instalments shall not be paid, it shall and may be lawful for the said company to sue for and recover such calls or instalments by suit or action in the supreme court, against any shareholder who shall make default in payment of any call or instalment. 15. Nothing herein contained shall extend, or be construed or Proyuo. taken to relieve or discharge the said company, or any of the pre- sent or future shareholders in the said company, from any respon- sibility, contract, duty, or obligation whatsoever, to which by law, they, he or she, now is or are, or at any time hereafter may be, or would have been subject to or liable had this act not have been passed, as between such company and any other party or parties whomsoever ; and the said shareholders in the said company, their lands, goods and chattels, shall be liable under any execution that may be issued against the said company, in the same manner and to the same extent, as if this act had not been passed : provided ProTiw. always, that if the directors of the said company shall, by any contract or engagement, incur any res- ibiHty for any ph-b ot Payment of shares. ■1 /f 11 208 To go Into opera- tion within tlvij yeura. PRIVATE AND LOCAL ACTS sums of money beyond the amount of the shares subscribed for, without the sanction of the said company first had and obtained at some general or special meeting of said company, to bo called and summoned agreeably to the bvo-laws of the said company, the di- rectors of the said company shall themselves bo held and deemed personally liable for the amount so by them incurred. 16. Unless the said company shall go into operation within five years from the passing of this act, then this act, and every matter and thing therein contained, shall be of no effect. M vie, chap. 10. AN ACT TO AMEND THE ACT TO INCORPORATE TUB PICTOU 0A8 LIGHT COMPANY. Act 9th vie, chap 41, contiuuvU. 4th Acct. of above act re{H;uled. PasBCtI Slat March, 1851. 1. Be it enacted, i^c— The act ninth Victoria, chapter forty- one, is hereby continued, so as to allow the company thereby es- tablished to go into operation within three years from the paasinc of this act. f b 2. So much of the fourth section of the act as prevents the company from going into operation until three thousand five hun- dred pounds of stock shall be subscribed, is hereby repealed ; but the company shall not go into operation until two thousand pounds of stock shall bo subscribed. I » vie, chap. 01. AN ACT TO INCORPORATE THE HALIFAX WATER COMPANY. Passed 19th April, 1844. comptiny incor- 1. Bc it cuocted, ^'c, That his worship the mayor, Alexander ffSaufax waler K^ith, csquire, the honorable Michael Tobin, James Boyle Uniacke, comiumy. David Allisou, Edward Cunard, junior, Edward Allison, John Clarke Hall, Andrew M. Uniacke, Andrew McKinlay, William B. Fjiirbanks, James Tremain, William Caldwell, James N. Shannon, Alexander G. Eraser, John Duffus, Adam Hemmeon and William N. Silver, and all and every other person or persons who shall from time to time be and become proprietors of shares in the corporation hereby established, their successors and assigns, shall be and are hereby erected into a company, and declared to be a body politic and corporate, by the name of the Halifax water company ; and by that name shall have succession and a common seal, and by that name shall and may sue and be sued, plead and be impleaded, or NOVA-SCOTIA. am) N'li to IkiIiI IiiiicIii <>r iiinri' thin C.'llMMI v.iluc-. <'ll|iil;i| miK'k CI'i.lHIII. M(»'i' nf taking jliiirt'.". answer and b« ftnswered unto, defend nnd bo defended, in any conn or courts of law or e(|uity, or place whatsoever, and l)e able and capable in law to have, holil, purchase, take, receive, lease, possess and enjoy, any houses, lands and tenements whatsoever, in lee simple, leasehold or otherwise, and also any ;.'orHls jind chattels, and all other thiti;^s real, personal and mixed, and also to rrivo. ;:rant, Boll, let. assign or convey the same, or any part tliereof, as shall ttnd Diiiy he thou;^ht necessary and proper for thelx'nefit and advaii- tttgo of the said company, 2. Tl>'> said company shall not have, take, hold, possess or enjoy, at any one time, lands, tenements or hereditaments, of greater value than five thousand poimds. •}. The original capital or joint stock of such company, hereby establisliod, shall be the sum of fifteen thousand pounds, to hv divided into one thousand and five hundred shares, of ten pounds shai-usjciocucii each ; ami it shall and may be lawful for tho persons first men- tioned in this act, immediately after the passing thereof, to open a book for subscriptionof shares to the said company; and no person shall bo entitlecl to subscribe for more than thirty shares, until thirty tiays shall have elapsed from the day on which such sub- scription shall have been opened, and public notice thereof given by advertisement in the newspapers in Halifax : and if at the end of ten days, after public notice so given, the whole nuinber of shares of and in the said joint stock or capital, as hereinbefore prescribed, shall not be taken up or subscribed, then any person or persons may subscribe for the residue of such shares, notwithstanding such person or persons may have respectively subscribed for more than thirty shares. 4. When and so soon as the said company shall be formed, and whon company one-fourth of the shares taken up, it shall and may be lawful for '™s, maki"i.V""' the said company, by a majority of votes of any meeting or mee- '*""' *" tings to be thereafter held, to appoint a president, directors and officers of the said company, and to make bye-laws, rules and ordi- nances, for prescribing the duties, powers and authorities of the president, directors and officers of the said company, for limiting the number of directors — for regulating the payment, transfer^ registry and forfeiture ot shares — the time or times of meetings of the company, or of the directors — the making of dividends of pro- fit, and the keeping of the accounts, and generally for the good order, conduct and government of the said company, its affairs and business, as may be requisite and necessary : provided always, that no bye law, rule or ordinance, shall be repugnant to this act. or to the laws or acts of this province, or those in force within the same : and provided also, that no bye-law, rule or ordinance, shall be of any force or effect until approved by the governor, lieutenant- governor or commander in chief, for the time being, y. It shall and may be lawful for the said company, when formed, to supply the inhabitants of the city of Halifax with water, v^^r^c'I'Moi and for that purpose, at a proper and covenient distance below *' 27 I'ruviso. Company may lay S4 h 210 Op«ntnf of itrei for luylnR duwn oilt of Toting. 4 Mode of voting by director*. nUVATS AKfl) LOCAl ACTS lurfaco of the totals, Btre«taand highways, of the laid city, to canso testi voiru, tanks, fount nns, pipes, leaders and tubes, to be luid and placed u«l may be proper a. '1 necessary. ♦J For the purposes aforesaid, ati.'^r ten days' notice given to tiic w/j ,iv «9iont'rH of streets of said cit\ t shall and may be lawful for the sui, I company to break up and open iho roads, streets and highways, in or near to the said city, in anyplace where necessary, and to keep any such road, street or highway open for such rea- sonable time as may be necessary ; provided always, that the said company shall faithfully and carefully close, up, repair, and miiko good the 8uid roads, streets or highways, to be so opentd, at their own costs and charges, or otherwise shall be liable to defray all ex- penses to be incurred by the commissioners of streets in closing up, repairing or making good any road, street or highway, by ihe'sniti company to be opened up— which expenses shall be recoverable by said commissioners against the said company, with costs, in her majesty's supi erne court, by suit or action again&t the said company, in which it shall be sufficient for such commissioners to declare for work and labor done by them for the said company. 7. Whenever it shall become necessary to increase the capital or joint stock of the said company, it shall and may bo lawful for the said company at any general meeting to be called agreeably to the byo-Iaw9, rules and ordinances, to be made as aforesaid, to de- clare and direct that such increased riij Ital shall be raised, not exceeding five thousand pounds, to be divided in shares of the like amount, as in respect to the original capital hereinbefore is pre- scribed ; and such shares shall be sold to the shareholders, or at public auction, after notice in the public papers for at least thirty days, at the option of the directors ; and if sold at any profit, such profit shall be divided and paid ecjually among the proprietors, as well of the increased capital as of the original capital. 8, At any general meeting of the said company, every pro- pr/o^'H- or shareholder, having paid up all calls on him made, and then duo and payable, if any be then due and payable, under the bye-laws, rules or ordinances of the said company, shall be entitltd to vote according to the number of shares which any proprietor oi- shareholder may posses, that is to say; lae owner of one shair; lo have one vote, the owner of four shares to have two votes, ant: the owner of eight shares or any greater number of shares, to have three votes and no more, and may give such vote or votes by his or her pr>xy, duly constituted according to the bye-laws, rules or ordmani of the company ; such proxy being a shareholder and entitled U -^ ^ , ' .nd every such vote by proxy shall be as good and ixientF iid purposes, as if such principal had voted vl. u oyer any sh'tre shall behelti by more than one Ovi'son present, at the meeting who stands first on !i< ilrst named in the stock certificate shall vote .;;i Buificieni, in person person, U^'m, il the regifiiry or therefor, 9. The mode of voting by the directors at any meeting of the OF NOVA-fiCOTIA. 211 I>fr«nll.»l pi'd. ReitricUnnt lm> Pftymnr ' iibiuri;ii. of board shall be reji;ulated by some bye-law, rule or ordinanc^i of the said company, to be duly passed by the same. 10. For and notwithstauding any real estui > which the said company may hold at any time, the shares and interests of the se- veial shiiroholdcrs of and in the capital stock and funds of tho snid company shall be held and deemed to be personal property to uU intents u* '1 purposes whatsoever. 11. l»i<,'h;ug herein contained shall be held or construed to „e.,r.ci.„„, ,m. give tho said company the privilege of dealing in the lending of {;;;!,"'* "*" "•*«• money by way of didcount or otherwiae, in engaging in any bank- ing operation, or to underwrite, or make as underwriters, any in- surance upon any ship or vessel or marine risk, or upon any loss by fire, or upon any life or lives. 12. Tho shares subscribed for by any shareholder in such com- pany shall be payable in such manner, by such instalments or calls, and at such times and upon such notices as by the byc-lawa, rules or ordinances of the said company may be ordered and directed ; and if such calls or instalments shall not be paid, it shall and may be lawful for the said company to sue for and recover such culls or instalments, by suit or action in the supreme court, against any shareholder who shall make default in payment of any call or in- stalment. 13. Nothing herein contained shall extend, or be construed, or u.«i)<.n»ii)Uii|«* taken to relieve or discharge the said company, or any of the pre- '^"'"'"'"> sent or future shareholders in the said company from any respon- sibility, contract, duty or obligation whatsoever to which by law they, he or she now is, or at any time hereafter may be or would have been subject or liable had this act not been passed, as between such company and any other party or parties whomsoever; and the said shareholders in the sp J company, their lands, goods and chattels shall be liable under any execution that may be issued against the said company, in the same manner and to the same ex- tent as if this act had not been passed : provided always that if ptowm. the directors of the said company shall, by any contract or engage- ment, incur any responsibility for any sum or sums of money be- yond the amount of the shares subscribed for, without the sanction of the said company first had and obtained at some general or spe- cial meeting of the said company, to be called and summoned agreeably to the bye-laws of the said company, the directors of the sjiid company shall themselves be held and deemed personally lia- ble for the amount so by thorn incurred. 14. All and every the pipes and conductors to be laid down by pip,.,, ac. to h« the said company for the conveyance of water, in, under, through, ?" '"'•* " ""' '» along, across or round any of the streets, lanes, or other public p^"' "'"' *" jjassages rr places within or adjacent to the said city shall be so laid and placed at the greatest practir.tble distance, and wherever the width of the street will allow thereof, at the distance of four feet at the least from tnc^ nnnroct nart nf an\r rvinA n- ntt.Ai. n.%n<1<<:* . — .~. . -. —"J i"j~' "t -.-•■-•.I •Vw'imUn uread/ or hereafter to be laid down or used for the conveyance of •^^ il II 212 I'RIVATE AND LOCAL ACT? ps, in, under, through, along or across, or around any road, street. Uno or „.hor p„Mi„ ?« ?rpi;;eTiU;i„Tr adjStToX Moile ol'olitainin^' r.\ liir liiviiiedowii J^,e^cept.incases;vher^U^h!;ni;=id;uy-:j^^t^^ the ^vater pipes across any of the said gs,s pipes, in which case hi said .vater p.pes shall be laid under the said gas pipe^, at Icf'rea^ ^■st practicable distance therefrom, and shaU form here id is ne!u-_as possible, a right angle. i"ue\vnii, as ir). Whenever it shall be necessary for the laying down or pla- Z 1 P"'P''";' ""^ ^'"« "'^t, that the said company should Main and be invested with the title or possession of, o in^any lo s parcels of , j ,, -^^^ ^.^^^^^ ^J^^^^ ^.^^^^^.^^.^^ ^^ a y lo e\ id 1;'": "'•'^ ^' ^'''V ^'' '^'' P^'^-^^"* '^"^1 directors of tilt sa d company, m case they cannot agree m ith the proprietors uch lands respectively, for the sale or1ea.e thereof as mly be :rit",ttli;^.! l^'fl "" »PPly ^.'tl>er in term time or vacation to any two is! t ces of her majesty s supreme court in this province, by petition s ating the nature anvhich .•dlidavit, Avith the said petition, shall be filed in the office of the luothon..- tary of the said supreme court at JIalifa.x : and the said appraisers or a majority of them, shall make a just and eriuital^lc valuation and appraisement of the fair and reasonable value in money of the fee simple and inheritance of each several lot or parcel of' land in the said petition referred to and applied for, or of the just and fair annual rent or gross sum which ought to be paid for the lease thereof; and shall certify and return their awaid, appiaiscmtnt and determination in writing, touching the value, pi ice or lont aforesaid, and of each several lot under their hands or the hands of the major part of them, into the office of the said prothonoiaiy— whereupon, if the supreme court at Halifax, in teim time, or any two judges thereof in vacation, shall be of opinion that the said award and valuation hath been fairly, equitably and impartially made ; and if no sufficient cause shall be shewn against such award and valuation, the said court or judges shall confirm the same and thereupon the said corporation shall pay and satisfy to the person or persons entitled to receive the same, the full amount of such award or valuation, together with such costs and expenses as the said court, or two judges, shall deem it reasonable to adjud-^e to be paid by the said company. 16. The said judge or judges, and also the said supreme court, shall have, with respect to the proceedings touching such appraise- ment and estimation of damage by means aforesaid, and with le- spect to the allowance or taxation of costs to or against the paities all necessary discretion, powers and authority, and shall and may inquire into the proceedings by oath of witnesses or otherwise; and shall and may also, on good cause shewn, set aside any such awaid and appraisement, and either direct the parties appraisers a '^^^^ the capital or joint stock of the Amount of iwcu. said Halifax water company, shall and may be extended to the sum of thirty thousand pounds, or to such other amount under that sum as shall by the said company be deemed necessary, to be divided into shares of the like amount, and subject to such bye-laws, rules and regulations as in respect to the original capital in the said act is prescribed and contained. S«u.ig$'/.f,>M' for AN ACT TO ENABLE THE HALIFAX WATER COMPANY TO CONSFRUCT 11 Vic., chap. 49. A RESEilVOIR ON THE COMMON OF HALIFAX. Passed lltb ilprll, IS'iS. Whereas the Halifax water company have commenced laying Prcamhi*. down the necessary pipes for conducting water into the city of Ha- lifax, and have expended a large sum of money in the cxtcution of Baid works; and whereas it has become necessary that a dii^tiibu- ting reservoir should be constructed in the subuibs of Halifax to reduce the pressure on the service pipes to be laid tliiou^h the streets of the said city, and a suitable site has been found on the north-west end of the camp or wind-mill hill, so called, on the com- mon of Halifax : 1. Be if enacted, ^c, That the hereinafter described pie^e of Bwription of land, part and parcel of the common of Halifax aforesaid, shall be kSitoi"'"*" appropriated for the purpose of constructing such reservoir, that is to say— all that lot or piece of land situate on the wind-mill hill aforesaid, on the said common, on the east side of the highway run- ning along the west side of said common, and bounded and described as follows : beginning at a point twenty feet to the eastward of the east side line of said highway, which point is distant one hundred ', aiid fifty feet northward of the north line of the lot reserved for military purposes ; thence from the said point of beginning to bo , bounded by a line measuring eastwardly on a course paralfel with the north line of said military ground three hundred and thirty feet ; thence at right angles with the last course, and on a line parallel with the highway aforesaid three hundred and thirty feet ; thencewestwardly three hundred and thirty feet; thence parallel with said highway southwardly to the place of beginning, compre- hending within this description about two acres and one half of an acre, more or less, with the appurtenances thereof 2. The said company may, and they are hereby authorized Enclosure of ia«i and empowered, to enclose the hereinbefore described lot or piece *'• *"• of land for a reservoir, by a wall, or otherwise, and to plant and / 216 PRIVATE AND LOCAL ACTS ^A embellish the said ground after the said reservoir shall have been constructed and finished, and to preserve, uphold, repair, and main- tain tlic said reservoir, and the said wall, or other enclosure, from time to time, as they shall deem proper. Nui to . xtcrui (o ^- Nothing in this act contained shall extend, or he construed SmfX' "' *° ^''*^"'^' ^° ''".y ^^^*^^ V'^rt of the said common, or any reserva- vations or grants, or leases of parts thereof for sepulture or military purposes, or to give to said company any right, title or interest, in the said lot hereby appropriated, for a longer period than their con- tinuance as a water company, nor for any other purpose than a re- servoir as aforesaid. R-.ni to be pMi.i 4. The said company, during their holding of such piece of vcompan.v,6:c. ground hereunder, shall pay to the city of Halifax, in the nature of a rent tlicrcfur, as follows, that is to say : for the term of seven years, to commence and be computed fi om the first day of October next, the annual sum of fifteen pounds, payable in quaiterly in- stalments, to become due on the first days of January, A{»ril. July and October, in every year; and at the expiiation of the said term of seven years, in lieu thereof, the annual sum of twenty-five pounds, or such less sum as the city council, having a just regaid to the state of allairs, busines*3, and profits of the comjjany, shall agree to take : such annual sum to be also payable quartei ly on the respective days aforesaid in every year: and all such sums shall form and be a lien on the funds and stock of the company, and shall be distrainable upon their woiks and appurtenances ip the sanie manner as other rents are distrainable. 14 Vic, chap. (i. 11 Vic , chap. 40, tac. I, repealed, Pieoc of lanfl ap propiirttf AN ACT LV AiMEXDMENT OF AN ACT TO ENABLE THE HALIFAX AVATER COMPANY TO CONSTfiUCf A RESERVOIR ON THE COM- MON OF HALIFAX. raised 31st March. 1861. 1. /iV it enacted, ^'c.— The first section of the act passed in the eleventh year of her majesty's reign, chapter foity-six, enti- tled, an act to enable the Halifax water company to construct a reseivoir on the common of Halifax, is hereby repealed '^ The hereinafter piece of land, part and parcel of the com- ul' watur company to m ike 11 resei voir on th' com mon of iialiftu. 'conlpal^y f"*^" ^^ Halifax, shall he appropriated for the purpose of construct- 1 ing a reservoir by the Halifax water company, that is to say,— all that lot or piece of land, situate on the wind^nylUiJ^ on the said common, beginning on the east side of tTieliighway running along the west side of said common, at the north line of the lot re.>»erved for military purposes, and now marked by a granite post • thence east along the said north line of the said military ground three Of JIOVA-SCOTIA. 217 have been , and main- sure, from construed y reserva- 3r military interest, in I tlieircon- than a re- b piece of he nature n of seven )f October iteily in- pril. July said term renty-five 1st regaid my, shall rteily on Lich sums company, nances ip HALIFAX HE COM- )aesed in ix, enti- isti'uct a he com- )nstruct- lay,— all the said ng along reserved ; thence id three hundred and thirty-feet ; thence north at right angles with the last course, on a line parallel with the highway aforesaid, three hundred and thirty feet; thence west three hundred and thirty feet ; thence parallel with the said highway southwardly to the place of beginning, comprehending with this description about two acres and one half of an acre, more or less, with the appurtenances thereof. AN ACT TO INCORPORATE THE DARTMOUTH WATER COMPANY. »Vic.,eh»p.44. Passed 20th March, 164S. 1. Be it enacted, ^c, That Edward H. Lowe, Lawrence ?J'^""°'"fm'^'*' Hartshorne, John Tempest, John E. Fairbanks, Alexander Lyle, t^e™'*°^ "''*" Charles Allen, and all and every other person or persons who shall from time to time be and become proprietors of shares in the cor- poration hereby established, their successors and assigns, shall be and are hereby erected into a company, and declared to be a body, politic and corporate in deed and in name, by the name of " the Dartmouth water company," and by that name shall have succes- sion and a common seal, and by that name shall and may sue and be sued, plead and be impleaded, answer and be answered to, and prefer any bill or bills of indictment, information or other procee- dings in any court or courts of law or equity, or other place or places whatsoever, and be able and capable to have, hold, take, purchase, receive, lease and enjoy any houses, lands, tenements or hereditaments whatsoever in fee simple, leasehold or otherwise, and also any goods, chattels or effects, and all other things real, per- sonal or mixed, and also to give, grant, sell, let, assign or convey the same or any part thereof as shall and may be thought neces- sary and proper for the benefit and advantage of the said company : provided always that the said company shall not have, take, hold, ProtiM' possess or enjoy at any one time lands, tenements or hereditaments of greater value than five thousand pounds. 2. The original capital or joint stock of the said company here- by established shall be the sum of fouj thousand pounds, to be di- vided into four hundred shares of ten pounds each ; and it shall and may be lawful fcr the persons first mentioned in this act, or any of them, immediately after the passing thereof, to open a book for subscription of shares to the said company, and no person shall be entitled to subscribe for more than twenty shares until thirty days shall have elapsed from the day on which such subscription shall have been opened, and public notice thereof given in at least two of the newspapers printed in Halifax ; and if at the end of thirty days after public notice so given, the whole rramber of shares of and in 28 Amount of capi- tal, division into stiurei, fcc. 1 it ■Ji. S18 Appointment of president, direc- tors, &c., mailing bye-laWB, rules, he. ProTJio. Company to make reservoirs, lay pipes, &c. To open roads after notice to ^ommissioiiers •f streets. Proriso. Meeting to increase capital disposal of iuqU capital, &c. PRIVAtB AND LOCAL ACTS Jhe said joint stock and capital as hereinbefore prescribed shall not be taken up or subscribed, then any person or persons may sub- scribe for the residue of such shares, notwithstand^g suchT^^^^ or pei-sons may have subscribed for more than twenty shares^ one fourth 'of Tho "{.'"^"."l '^' '"'^ TP""^ '^^^^ ^e f°™«d, and one-fourth of the shares taken up, it shall and may be lawful for he said company by a majority of votes at any mitinHr mee Zfl^ ^T^''' ^''^^' *^^PP«'"* ^ president, directorfandTffi. cers of the said company, and to make bye-laws, rues and ordinan- ' rl nf .T*^ '"""T^ ^' P^^^^"^'"g '^' ^"^'««' powers and aS. t. Tity of he president, directors and officers of the said company -lor limiting the number of directors-for regulating Ui?pay- ment transfer registry and forfeiture of shares-the time or times of meeting of the company or of the directors-the making of divd- th. t!? P'f ^' '"^1 ^''' ^''P'"8 "^ *^« '^^^^""ts, and generally for comf^y 'k/'afrZ "''^ management and government 6f the^said company, is affairs and business, as may be requisite and neces- S.Cr.''^ ''"'^' '^'' -'Jy'-^-^' rule or o^rdinance so to 4 made shall be repugnant to this act or to the laws or acts of this province or those m force within the same : and provided also tha? no bye-law, rule or ordinance shall be of any fofce or effect unti approved by the governor, lieutenant governor or commander n chief for the ime being, with the advict of the executive council 4. It shall and may be lawful for the said company, when for- med, to supply the inhabitants of the township of Dartmouth wkh water and for that purpose, at a proper and covenient ^stan o below the surface of the roads, streets and highways of the sa d township of Dartmouth, or those leading to the%ame, to cause J^ servoirs, tanks fountains, leaders, pipes\nd tubes t^ be laKd placed as may be accessary and proper. 5. For the purposes aforesaid, after ten day's notice given to the commissioners of streets for the said township, it shall Sd may be lawful for the company to break up and open the roads strS or highways, m or near to the said township, in any pU where necessary, and to keep any such street, road, or highway open for such reasonable time as may be necessary: provided alwavs ihZ the said company shall faitifully and ca^ref5ll7cbse up'^^^^^^^^^^^ and make good the said roads, streets or highways, to be sooSed at their own costs and charges, or otherwise shall be liable to de- fray all expenses to be incuired by the said commissioners of streets m closing up, repairing, or making good any road, street or high- way, which by the said company may be opened up, and all such- expenses shall be recoverable by the said commissioners in any suh or action against the said company, in her majesty's supreme court, ,n which su^ or action it shall be sufficient for such commis! zz TJt:;::;:'''' ^-^ '^"^^ '^ *^- ^- -^ p^^-ed nr Lnf^i!f T.u ^^^\ ^^"^^ necessary to increaae the capital or joint stock of the said company, it shall and may be lawful for ibed sfaall not )n8 may Bub- ; such person ' shares. 9 formed, and be lawful for Jting or niee- !tors and offi- and ordinan- ners and hu- lid company, ng the pay- inic or times king of divi- gcncrally for 6f the said e and neces- mce so to be acts of this led also that ' effect until mmander in ve council, 7, when for- tmouth with 3nt distance of the said to cause re- be laid and Be given to ill and may ads, streets •lace where ly open for Iways, that up, repair, B so opened iable to de- 3 of streets, It or high- d all such' in any suit J supreme jh commis- performed he capital lawful for OP NOVA-SCOTIA. the said company, at any general meeting to be called, agreeably to the bye-laws, rules, and ordinances to be made as aforesaid, to declare and direct that such increased capital shall be r; "scd to any extent riot exceeding three thousand pounds, to be divided in shares of the like amount as is hereinbefore prescribed in respect to the original capital, and such shares shall be sold to the original share- holders, or at public auction, or partly to the original shareholders, and partly at public auction, at the option of the directors, and of any such public auction, thirty days' notice at least shall be given, in at least two of the public newspapers, printed in Halifax ; and if such shares shall be sold at a profit, the profit shall be divided and distributed equally among the proprietors, as well of the in- creased capital as of the original capital. 7. At any general meeting of the said company, every pro- prietor or shareholder, having paid up all calls made and then due and payable under or agreeably to the bye-laws, rules, or ordinan- ces of the said company, shall be entitled to vote according to the number of shares held or possessed by such proprietor or share- holder, that is to say, the holder of one share shall have one vote, the holder of five shares shall have two votes, and the holder of eight shares and upwards shall have three votes, and no more. 8. Any proprietor or shareholder may vote by proxy, to be constituted in writing under the hand of such proprietor or share- holder, to any other proprietor or shareholder entitled to vote ; and every such vote by proxy, to be given to a proprietor or share- holder, shall be as good, valid and suflBcient, as if the principal were present and voted in person. 9. Whenever any share or shares shall be held by more than one person, the person present at the meeting whose name shall be first in the registry of shares or on the stock certificate, shall be entitled to vote upon or for such share or shares. 10. The mode of voting of directors at any meeting of the board of directors, shall be regulated by some bye-law, rule or or- dinance of the said company, to be passed as hereinbefore pre- scribed. ^ 1 1 . For and notwithstanding any real t which the said company may hold at any time, the shares and interest of the se- veral shareholders of and in the capital or joint stock and funds of the said company, shall be held and deemed to be personal pro- perty, to all intents and purposes whatsoever. 12. Nothmg herein contained shall be held or construed to give the said company the privilege of dealing in the lending of money, by way of discount or otherwise, engaging in any banking opera- ration, or to underwrite or make as underwriters, any insurance upon any ship or vessel or marine risk, or upon any loss by fire or upon any life or lives. ' 13. The shares subscribed for by any shareholder in such com- pany shall be Y^jshh in such manner, by such instalments or calls, ftud at such times and upon such notice or notices as by the 219 Qiialiflcation of V0t«3. Votes by proxy. Vote on share held by more than ona person. Votes by direc- tors. Shares deemed personal proper* Company not to lend money, ua- derwrite, &c. Payment of 220 PrOTiM. ProTiM. Company to yiHi- tlon aupreme court tu appoint aijpralicra on ro- fiual of proprie- tori to sell or lease Unda. PRIVATE AND LOCAL ACTS l.ye-law9, rules or orrlinances of the said company may he ordered and directed : and if -ich calls or instalments shall not be paid, it f'hall and may be lawtul for the said company to sue for and reco- ver such calls or instalments by suit or action in the supreme court fiSamst any shareho derg who shall or may make defadt in pay- inent of any call or instalment. * ^ .oJ'*'. ^'r'""^ ^'TV ^^"tained shall extend or be construed, or taken to relieve or discharge the said company, or any of the ore- sent or future shareholders thereof, from any responsibility, Con- or tt«^i'',''''f!!f" "'^^^'^'''^ to>>hich by lai such company \ 7f said shareholders are, or at any time hereafter way he or would have been subject or liable had this act not been passed, as t-et^veen the said company and any other person or persons whom- ^.oevev; and the shareholders in the said company, their lands pods and chattels, shall be liable under any cxeJutio^ that may be issued against the said company in the same manner and to the same extent as if this act had not passed : provided always that if th. directors ot the said company shall, by any contract or engagement incur any responsibility for any sum or sums of money beyond the .-.mount of the shares subscribed for without the sanction of he said company first had and obtained at some general or special meeting of the said company, to be called and summoned agreeably to Its bye-laws, rules or ordinances, the directors of the snid com- pany shall themselves be and be held, and deemed personally liable tor the amount so by them incurred. 35. Whenever it shall or may be or become necessary for the purposes of this act that the said company should obtain or be in- vested with the title or possession of, or in any lot, piece or parcel of land situate in or near to the said township of DartmouTl i shall and may be lawful for the president and directorrof aid company, m case they cannot agree with the propiietor or pronrie- ors of any such lot, piece or parcel of land for the sale or lease theieof as may be required, to applj to the supreme court at Hali- tux m term time, or to any two judges thereof in vacation, by pe- tition, stating the nature and situation of the land and the estate or interest the said company may require to have, and the proceedings had with respect to the same, and the names and places of abode of the owners, proprietors and tenants thereof respectively, so fiir as they can be ascertained and praying for the appointment of ap'- praisers to value the land and the estate and interest therein re- quired by the company, and praying also the transfer and convey- ance thereof to the said company, whereupon the said court or judges shall appoint a time and place for considering such petition and shall order and direct to be given to all partiel interested in any and every lot, piece or parcel of land petitioned for, who may then be m this province, or in case of the absence of any such pai- ty, then to any person or persons who may be entrusted with the manajrement, possession or control of any such lot, piece or parcel ot land, proper notice in writing, requiring such parties so interested, OP NOVA-SCOTIA. may he ordered I not be paid, it le for and reco- ; supreme court lefault in pay- B construed, or iny of the pre- onsibility, con- sucli company Pter may he or 3een passed, as persons whom- r, their lands, )n that may be nd to the same ys that if th^ r engagement, ey beyond the niction of the ral or special med agreeably the said com- rsonaljy liable essary for the tain or be in- iece or parcel Dartmouth, it !ctors of said 3r or proprie- t sale or lease ourt at Hiili- Mtion, by pe- the estate or 3 proceedings :'s of abode of ely, so flir as ment of ap- t therein re- and convey- aid court or uch petition, nterested in Jr, who may ly such par- ted with the !ce or parcel interested, 221 to attend before such court or judges in person, or by their aforeS °'" ''°'^"*' *"* *^^ *^"^ ""'' ^'''''''' '^"^ ^'^ ^'^ appointed as • }^' t\}^^ ^^^ '""^^ P^''^*' ^° appointed, the said court or two Ari.ointn,ent of judges shall require the president and directors of the said com- ""'""'''•* pany to nominate one appraiser on behalf of the said comnrnw and the party or parties interested in every respective lot, piece or'nar- cel of land referred to in the said petition, to nominate two anprai- sers, and the said court or judge shall nominate also two appvaisers and in case the party or parties interested in any lot, piece «Jr parcoi of land referred to in the petition, and required by the company or the party or parties having the management, possession or control ot the said lot, piece or parcel of land, as heroinbofore mentioned shall fail to appear at the time and place appointed, or bavin rr an' pared, shall neglect or refuse to nominate appraisers tlien°and m either of such cases the said court or judges shall nominate two persons to act as appraisers for such pai ly or parties, and tlie said court or judges by rule or order in writing, siiall then and there constitute and appoint the said persons so to be nominated, as afore- said, appraisers, and authorize and direct thein to value and ap- praise the price or value of any fich lot, piece or parcel of land or the rent to be paid for the same, as the case ma v require. ' 17. The persons so named and appointed, shall, before they Aindsnt to b. enter upon the performance of their duties as such appraisers .^.il^^^yPi"^' severally make and subscribe an affidavit in writing, in open court' or before some one of the judges of the said suprerne court, or some master in chancery, that they the said appraisers, will faitliCuUy and impartially perform the trust and duties committed to and re- ^'iV't^ ?ir^'^ V the rule or order of the said court or iud-res which affidavit, with the petition, shall be filed in the oflice of °the prothonotary of the supreme court at Halifax. vr,J?:> ^.^ '''? appraisers, so to be appointed and sworn, or the valuation and majority thereof, shall make a just and equitable valuation and ap- »w"aisemeni. praisement of the fair and reasonable value of the inheiitance or fee simple of every lot, piece or parcel of land in the said petition referred to, whereof the inheritance or fee simple is required bv the company, or of the fair annual rent or gross value of the tei'm of years where any lot, piece or parcel of land shall by the said petition be required for a term of years, and shall make a return in writine under their hands, or the hands of the majority of them tothe«aid prothoriotary of the said supreme court, to be filed and kept in' his office with the said petition and affidavit, whereupon, and upon the application of the president and directors of the company to the supreme court in term, or to any two judges thereof in vacation if the said court or judges shall be of opinion that the appraisement and valuation have been fairly, justly and impartially made and no sufficient cause shall be shewn against the same ; the said court or judges shall by rule of court, or order in writing, confirm the said appraisement and valuation, which rule of court or order, shall be Exatntaatlftn of •pprikiMBUiat. PRIVATE AND LOCAL ACT8 ct^prn^tlllVtol '"^ other papers, and thereupon the said pnusement in any particular, or to noml^ e Tiw ^S "^^^^^^^^ such new appraisement and valuation asZSie s2 ct?d and Srt"o?th;^^*^f V""' ^^i appraisement, or that o Kl^ part of them, shall be returned as hereinbefore directed a.ul ahall be final and conclusive, and shall be confirmed byle said .(mr thV:aTc?r^"''''-r^ P^^"^"^ "^''^ '" P"« " -ofj^ dhicted ^ ^' ^''^ '°'*'' '" "•"""•^^ ^ '« hereinb,.r, re also 20. Immediately upon payment of the sum awarded with coats and expenses, as aforesaid, being made or lawfullv t^ZZ^l T «aid company for any lot,' piece^or parce of Sf so^lul for S ?br'i?;/^ '"'i company shalfbe, and be he d a^ Tem^dt ^ the rightful purchasers and owners of the fee simple and ^her TlnlT^ Y' ?'^''^' ^''''^ '^ '""'J^ ^"th the aCrteMnce vaWn5i'-'S^"v''" °' appraisement shall be for the prfce o^ value of the inheritance or fee simple, or the tenants of every such ot piece or parcel of land and its appurtenances, as in the'r net' tion, or the appraisement to be made^ aforesaid my iL ToSied for or awarded for a term of years, and for the term^y the sLd appraisement to be fixed, so far as the true and r gMful LnersWu of every such respective lot, piece or parcel of land! may hive 2 correctly set forth in the petition for the same. ' ^ ^'"^ ^irsZ^^^^ comnanv !r«lfrf''f °" °1*¥ P.'T^'"* '^"^ ^''^'^^'^ of the said JIT" "" ""'■ LZ^ nJV 1 ^°'^. "/y ^ '^''^"^ ^""^ the 8«'d supreme court in ^- term, or for any two judges thereof in vacation, on proof made of such payment or lawful tender as aforesaid, by any rulT^r o^der to be made in the matter of the said petition to reqdre the nartv o^ oKd m^r^ ?^ or claiming'title to'any lot pece oCce of land, for which such payment or lawful tender has been so madr tL ^i' -7^. n"^^"" '^ '^' ''''' '' *h« company or to autS the president and directors by the officers and servants of the com mj or any of them, to enter into any such lot, piece or parXf Paytoentof •ward, &c. Court to compel OP NOVA-SCOTIi. ereupon the said i to receive the npprnisement as or judges shall J order the said thereof in va- iquiro into and all proceedings t the same, and ience, to invea- ave full power I proper, to set er to direct and mtion and ap- )raisers, and to hereupon such lall proceed to is directed and t of the major ited, and shall ;he said court, ice thereof by einb fire also led with costs idered by the petitioned for nd deemed to le and inheri- )purtenance3, the price or )f every auch in their peti- y be applied by the said 111 ownership ly have been 3 of the said jme court in oof made of J or order to :he party or ce or parcel en so made, to authorize of the com- 5f parcvl of deed or deeds amnt nv .^..„„» ' » ' "*^'*' ''"" execute any necessarrfor th^n r, .1^ f '' ''«"^«^'^'»=*''« or demises, a« may 1^ slnll f.J. i;..n * *i ""'',/"''' or order, then such person or Derson« refusal to obe^r/odo^r^^^^^^^^^^^ T"^' f°^ "^8^^^^ '^ .i^ut FeviLl/nJpJ^:;^;-r«rc^ '" ''''''^' five years torn the mssirRi''"". '1 i"to operation within c„„.„, . ,„ mattPr oUul ^V .P- ^^ . ""^ "^■*' then this act, and everv 'rM-P*"""" S ^ni ?f ""? '^•"'S herein contained, shall be of no brce J """""''''•• effect, any thmg herein contained to the co'ntrary notwithstanXg!: 8S3 Preutble. AN ACT 10 AMEND THE ACT TO IXCOEPOBATE THE DARIMOUIH :oT. h WATER COJIPANY, ^^ the company 'ears from the Qtioned act as -fourth of the but the com- srtaking until ubscribed and MPANr. Jtsford Viets, wly, Charles )ther persona s of shares in assigns, shall tred to be a the name of have succes- 01' NOVA-SCOT!A. be sued, ylar.d rr. he i leadV r^s- ." f^" " ''•'* ""^^ ''"° ""'^ 225 "M, IkV, any our V o? pV3) r.-h-.^o-^v: tWn,;s, r^-:^4o--v;^ l^::^ '''■-;: :J^- ^ :^'^>^^'- t-I clcr ecajh .(.u or .' 0,. I'lO ■■^I 'lOi, -jjis or compnpy ■ssir^ tl'cvcOi", to xnviif'j. ; u. :red. c^^d 00 i or CO --y , ;a .arj, o: r , ,„„ tfipa^,ii, i.oces3.:i J- r.-^d r.ro;:cr ioi" ., ^0 ]r-,\,i^one^, ove^-.^,tX :-^-rr^c^i'. hereo,-estR:.;6l-ylcV-i-,..%3g ....,.„, . „ to >3 .l.vir^d :rco t-er:t;-.two ^Vrc3 cf f'-e- ^'"^ .;,"■ ^''''"V«' this act, ov an, of i^, l^;^^':^^^ ^ ^^ ""^^""^^^ "^ open ji h(,o!: ^n- ^u-scii^Jon of .v^i-c^ to .^. V.hcncr.asosooncs Josaitlcoi •. ono-fourtl. v.t tho sItiv.. tr;;:n u-) *. ^ • ' the said comprny, b;- n, ipr-'orlt ''/: - r, nereatter hcM, tuunouirt 11 ivT-r'-r' V;, - -^ .. ^ - - said company.' and &S" ^t'.::!:' '^'r"''^ ^"^l/^' ^=°- o^ ^^^o said com^atu- Ibr pres^ V-^:* "h-^ ?L- "^""^ "'"' o;a.naPcos of tlio thcprosiJonidireci.:?:;;d'o:ic":Jn>%d^^ the number o:dire...r., ib;-ro;.;i°: "i^''"'^';"::^"' ;:',:^'' ^=^'^^'"^ tr^ and forlbitaro of sharos, taa t4"ohi '" '.^':V!f ^^■^^' ^^o's- keeping of tl.o .ccJu.^ -d^xnc^lS^'^-^o'^^?^^' "'^^ ^^'° business, as ,.ay be requi.ito am iiecess.r/: po^^'J^aC; l^ /^"^ no bye-law, ru;-j or or(,-mnpo »' ..i: ^ . • 1 . '^>'-'-"i a.t.vnys, liiuo 5. For the purposes aforesa't a'"^•''•^• --^^ r''.-,,,^' v,^c the commissioners of streets for r'e" 'd^n-vn f' n ''-^''■''' *^ lawfol for the said cor^ ^Tto^^v tt^'"'^ ^: ^" "^^^ ^^^'Z ^e or highways, in the said t^^.^ n'^; Vv^e'-fc^^'c r^'' '^'f'^ pa.yshall.th.l.£^|£.£-;-^ ."rovN Amoiiiv o.'onpU U.I, I 'v.nlun into -^riiiolntmPFif of I'rovi.--*. ''"'•poiog of com pany. good >'to'l^t:^i^ *''^ ^^'^^-''^nt, under the coum.au(.or in chieV .or d,o ', ' ^J^ ''/"'"''"'^^''^ ^^^^''^^r or lieutenanl. Au.einor o;- oor^m ,':' • "■ ■'''"^ ''' ^'''«e ih-j governor '^l>.^^o.3 orsach d.c^ '^f vlr' '^^^^^«^^«^ ^f'o time bSn^^sh'^ persons so eioctc-d. .ral .i-~ou-.t ^ n "" '''"' corporation, the then- pkco s .il] Lo m,C3 unci ^^^^o^ ''n' '°''' ^^^^^'^rs to fill coritonad si.a.l nrove.;:!,!"-''!: ;_= P^'^^'^^ed that ^,;,f^. hi,-; ";;V:.;^^;' '^PP';ovecl of as a. Capital or juijit stock. out oi oluee a? .uoreo^ic ^ ''''^ ^^'^'^^i' ^''cw their so ooino- -1j38 capital OV 'o.V.'; -.■iop]- n? +1. „ • ■• :.n firvihous..!. ■.o::^:2^;J' .^°,n^:^°"W shall not be ^^^^reu porinca .brWh ,i^e^^S^,^' ^ ™^^^'^ ^'^'^resof Insurance. o less than Jd/ five hunureu poiinca wv'e^,y ^£e^CS^^' ^ ""^^^'^ shares of ;n the British 0. provincial i\. xs ^^ df t^"^^^^'^ ^"^ s^^^ured ^ secured hj m^i.,__, o/^eaf -?:;I'- .? "^^^"^ P^^^^s shaH t^eotia, or borus, to .::e sauai^^ioiTa-h-^ • ^^' '^^'^^'^^^^^ ^i" Nova nties of i ..,0 sr:d ooir-r,,-^ "^ ^'^ °'^ '^^i'«^ t^e funds and secu- thesnidcaSdrSS'^-^!^^ and secured to thesa.i..^ction of tho^o^'l^::!^^'^'^ P'^^^"'^^ ^s a&reS ;Ier m chief ibr tae t^nie Se'r^^ i'^'^f ^ governor or comman- to cause nisurances to be ma Ip nnC ^""^^ '^^ ^^^^^"1 for them ^vares and naerchandizes.S • ' '^^^^^^^^^ ^" i^'"g«' stores, aloT, -.»3 p.oviuw'e, iruui Joss and damage 3, rules and or- r.nd concerning 3nerai manage- assemble toge- co, as to them of the said bu- ^ Pryor, John - directoi's as he said letters llj thereafter, 'stiilxfshed hy others shall 1 corporation, lade as afore- f't, under the governor or ho governor, e being shall ation thereof I'^ed to the poration. the ' of the said ^ndm in the •movai from thers to fill •■ pioyided ■s so going said situa- ir so going liall not be 1 shares of ^^ova Sco- ld secured ands shall of Nova 3h invest- I continu- 's as the the time ind secu- secured foresaid, omman- br them , goods, damage OF NOVA-SCOTIA. 229 by fire, to the value of one hundred and fifty thousand pounds, and no more, and the Avhole of the said capital or joint stock shall he pleaged ana huMo to make good all and every loss which may hap- pen upon al or nny of the said policies : provided always that m case the said corporation shall at any time during the continuance 01 this act repvescT.t to the governor, lieutenant governor or com- mander m luef for the time being that the demands on the said corporation for making insurance exceed the said sum of one bun- Ured anu hiiy thousand pounds, it sliall and may be lawful for the governor, lieutenant governor or commander in chief, by and with the advice ot his raajesty-s council, to grant permission under his hand anf. seal to tin said corporation for making further insurances „ as aforesaid to the amount of p. further sum, not exceeding fifty ^">''"«'<'f'»"«- thousand pounds ; and in case the said corporation shall at any time make any insurances beyond the said sum of one hundred and ttiy tfiousarut pounds or beyond the further sum of fifty thousand pounds, in case the said corporation may obtain license as aforesaid to ni^ike such further insurance, in either case each of the members sha i be liable :n their own persons and estates for his share or pro- portion 01 si'.ca sums insured beyond the said sum of one hundred and tuty tliousand pounds or beyond the said sum of fifty thousand pounds m addition thereto, if licensed as aforesaid. 0. All just demands upon any policy of insurance of the said losbc,. corporation from any losses whatever which may hanpen. shall be pa.d, satisued and discharged from time to time accordin^r to the tenor or the respective policies, within three months fromihe time any sucji loss shall occur and happen. ^1 ,!^^.''°?''^^^^ accounts of the said corporation, and a state- i„,nectio„ of ment oc their funds und 'nsur,nnces made, shall at all times be onen •'»S^a?"ou''nt,, to the inspection of sucli person or persons whom the governor u-"'' ""■'"" lieutenant governor or commander in chief for the time being shall appoint to inspect the same ; and in case the said corporation shall tah^ to lceepgoo(Uhe said capital or joint stock as aforesaid, it shall ana maybe .awiL'Uor the governor, lieutenant governor or com- i'''t«'"ef'"corpo. mander ni chief, by any instrument under the great seal of the vS.'"'"'"'^- province, to revoke and make void the said letters patent, and all the powers thereby granted, in which case the members of the said corporation shall be severally lialde in their persons and estates according to their proportion and share of such joint stock, for all ansurances by them made as a corporation or otherwise, any thine herein contained to the contrary notwithstanding. .Ju k'"^^ '^•'f "l"'^ P"'^ °f ^''^' "'^"'^^ °f ^^^ ^^'^ COl-poration share, m», b, shall be considered personal property, and may be sold and as- S^iU. signed by the proprietor or otherwise, as other personal property may be soh: or assigned, provided that the purchaser or purcha- described Payment and give the security hereinbefore to t fnl^i ^''''''l "'I'^^'Tf '^^" ^^'Se or counterfeit, or cause Counte^tingpc to be forged or counterfeited, the common seal of the said corpora- "*'"' — ' MaL 330 s4 w l!li^ f-' Corporation not allowcj to hold lands or tino- uients. Number of sliaroa to bf held by one person. Exclusive privi- D'lraionofktlcre patent, PKIVATE AXD LOCAL ACTS tion to be erected by this aft- nv or,„ii r a«y policy or other-^-nS^Sn'^S tt'^'' ''""*'^^^^* °^ ^'^^^ offer to dispose of any suchwrr *^/.""'l"°" «eal, or shall or other instrument under the Sir"*T^*;''''^ '' "'*^^«d policy, te such, or sliall deid the monr ''"''• ^"°''''"« *^»« «'«"o to from the said corporS/etrS. l^S.?"^' '' ^' ^""^ '^'^^'^ and being convicid thereof i^ducfS of hfT'l? '^T^'''^' pa^ns and penalties inflicted bv ]Z\T '''^' ^^'^^^ ^"ffer the within this province ^ "" "P°" P'^'''^"^ fe'^^^tJ of forgery pol^tSr l^^ottLtltt^^^^^^^^ -^ ^- -y joj any lands or tenementsT^^^^^^^^^ ^'^'^ ^'^'^ ^^ en- grants or devises of land Tr nements'torr 1 ' '"' ^" S^^^^' to any person in trust for or to the us. of ?i. .'^^^^on, or shd be und the same are hereby deSdvoM "'^ ''''''''''''' hunldter.thSjr^",r°4^^ of theone ration is divided ''^''^' '^P^*^^ «*«cl^ of the said corpo- ^^ol^-^'^cttZt^^^^^^ r^anyor corpora- insurances upon houses bSi^^. ^1 ^'°*f ' *° "^^'^"^ ^^ effect chanr:i.e, except insuiup^^^^^^^ ^^d mer- such vessels, save only the persons so wLh"^'' "" ^''^'^ during the term of twenty-one years from J? w*'^^ ^^''''^^' I-ent, if such patent be^ot sc^r JSl^^tl^S 'Z^ tw^y-oneye:^^ -^n^^ C^ uSs 2'"" ^ ^ ^^^ ^^ -ned in manner and for theSrhtinlVrre;^^^^^^^^^^ ^^^^ 3 ^Vui 4, chai). 44. Preamble. Passed 20tli April, 1833. pointing cortain peSoiTtherdn S: ,'?'' "^ ™' '^ «cor- WWing,, g«:, That the said Halifax fire insurance company, and all the rights, privileges, powers and au- thorities therein vested, subsisting and being, and now held and enjoyed by the said company under and by vTrtuo of the said reci- ted act, and of the letters patent aforesaid, shall remain, continue and endure from and after the expiration of the said term of twenty- one years in the said act mentioned, for and during, and unto the full end and term of twenty-one years, in as full and ample a man- ner and to all intents and purposes as effectually as if the term of forty-two years had been originally inserted in tlic said act herein- before recited and mentioned, and the letters patent granted under and by virtue thereof 2. From and after the passing of this act, it shall and may bo ..^, lawful for any other company or corporation as such within this ;";j,''""'^ "'"'"'■■^ province, to make or effect any insurances upon houses, buildings, stores, goods, wares and merchandize, any clause, matter or thin'^ either in the said recited act or in the letters patent granted by virtue thereof contained to the contrary notwithstandiii'^. Ewlusivf rijrht of 'OMPANY. reign of >r incor- housea, mage by Aieffor he pro- said act itic and ipany," sr, with irly set AN Act TO AtTHORiZE THE ESTABLISUMEXT OF ADD1TI0\AL SHARES IN THE HALIFAX FIRE INSURANCE COMPANY. Passed 19th February, 1836. ti Wm, 4, cliap, •il. Whereas by the act passed in the fifty-ninth year of the reign Preamble of his late majesty king George the third, entitled, an act for in- corporating certain persons therein mentioned, for insuring houses, buildings, goods, wares and merchandizes, from loss and damage by fire, the number of shares in the joint stock of the company incor- porated by the said act, are limited to one hundred, and the capital or joint stock of the said company to the sum of fifty thousand pounds, and the said company, by the name of the Halifax fire in- surance company, are thereby authorized to make insurance to the amount of one hundred and fifty thousand pounds and no more, unless authorized so to do, if the governor, lieutenant-governor or commander in chief for the time being, should, by and with the ad- vice of his majesty's council, grant permission to the said corpora- tion to make further insurances to the sum of fifty thousand pounds ; 332 PRIVATE AND LOCAL ACTS the s,id copix„-atio„ to s^ .J s ■;':';:':r ;r",''°''-'? •• ^L- .•' o" "-^^lunw i;uii,piinjes, v,-."ici\ Jin Fifty mldltionBl iharea authorized £100 of each share tobeiiiTosted, ba- lance to be secu- red. Preamble. Additional shares to >)e sold at pub- Uc auction. shares ..wj^ e».^ t b^ eotoJ te T"' " "'° ^°™»' painted, at least the sura of one hunS „„,; ,1 '^''" ' , f"'"'^ and amount of the capital or joint stock oi' .uc^a^a In^^ also from its extended business, and it is tWerorc^n r^n^ 3. From time to time, as to the president and Oireclors of tl,. ^tS;s'i t ^^rhro^ii^-ridtrrS »1mU fcm part of tl« oapitd or joint stock, m/slmirk^Tin; Ci their capital or si.v liu!i(hcd and o\'eiuoi*, hy and ^ed pcjivisfcion to ivice.s lO \ho said iuioi.-)i to v.hicl^ ^^: iu:s, noiv/iih- '■'•ini 10 rject the go Jiiicutit hfcve i iivo no capital i'o) oi'l''5 legis- r.rd ivhcveas, it '.vja-.t!-.|,j\,s u.'iich cj, i'p.fl to io'brd "U cpi-Oitunity 3 rcasc'nsbcibre r oi sliares ami i'poiT.lioii : I .ifto)' t'^c pas- aid coi-poiatiou the capittd and fifty additional , whicli shares as tliG SGvcral 2tuallj paid or I'cctcd and ap- uch and every ic said so\'cral 1 the said act, id prescribed, ivo materially Lid in and lias creased value :^rporation, as ire just and ;ated shall be ectors of the iinand for in- he said addi- y number or uction under 1 upon such it, and shall ■ be obtained unco or pre- r the same, be paid in, OF NOVA-SCOTIA. 233 deposited and inve.^tcd, together with the amount hereinbefore di- rected and refiuircd to be paid in on each share respectively in tho same manner as by tho said act hereinbefore mentioned is proscri- bed and directed : provided always that no person shall at any one time, either by purchase or otherwise, hold and own more than four shares in the capital and joint stock of the said corporation. 4. The persons who shall or may be and become tho purcha- '!"'''"■' "' "•=" scrs ot any or either ot lao said shares respectively, shall, when •'" "" t'ri»ueg« and so soon as the amounts on such shares hereinbefore directed to "' ''''"''''«''''^"- be paid in, shall have been, together with the profit, advance or premium thereon, paid in and deposited, and the residue thereof secured, as is also hereinbefore prescribed and directed, be and bo deemed and held to be shareholders of and in the said corporation, and be entitled to and invested with all the same powers, privileges and authorities, and liable to tho same restrictions, except as is hereinbefore provided, that tho purchasers of additional shares may hold f'lr shai ^ of the said joint stock, obligations and responsibi- lity u ler the said act hereinbefore mentioned, and the act passed in th third year of his present majesty's reign, entitled, an act re- lating to the Halifax fire insurance company, or any act in amend- ment of or in addition to the said acts or either of the said acts re- spectively, or under the charter of incorporation or otherwise, in the same manner as if the said additional shares had severally for- med part of the original capital or joint stock, and the names of the purchasers had been and were originally inserted and included in the said charter of incorporation. f). From time to time, as any number of the said additional insurance! may shares may be sold as aforesaid, and when and so soon as the '^'™'"""'^- amounts thereof, with the profit, advance and premium thereon, shall have been paid in, deposited and secured as hereinbefore di- rected, it shall and may be lawful for the directors of the said cor- poration to extend and increase the amount of insurances to be effected by the said corporation over and above the said sura of two hundred thousand pounds, to any sum or amount not exceeding three times u.v aggregate amount of the said additional shares which shall or may be then actually sold, paid in, deposited and secured as aforesaid ; and when and so soon as the whole of the said additional jhares shall have been so sold, paid in, deposited and secured as hereinbefore prescribed, it shall and may be lawful for the said corporation to effect insurances to any amount not ex- ceeding three hundred thousand pounds at any one time. 6. If the said corporation shall make or effect at any time in- provijo. surances to any sum or amount exceeding that which by this act is authorized and permitted, then, and in such case, each member of the said corporation shall be and become individually and per- sonally responsible for liis or her proportion of the sum or sums which shall or may at any time be insured over and above the amount hereby then authorized and permitted to be insured by such corporation. 80 234 I'KIVATE AND LOCAJ, ACT3 13 Vic , chap. 9. I\ The Jlalifax ami Hurtirioiuli iniuii- al iiisui-aiici.' com I'aiiy iiicori.iira- ttd. <*• Persons InsiiriiiK tifcome meinljcrs. i Kirst nieetinp the company. |i Restriction on in sut! ul' pohcies.&c, Proviso. Capital of com- pany. t . AN ACT TO INCORPORATE THE HALIFAX AND DARTMOUTH MUTUAL INSURANCE COMPANY. Passed 28th .March, 1850. company, „„,1 dcdnml to bo a bX coTOnl Tv^^^^^^^^ '° % that name shall liavp miropaamn nr.A „ „^ . ''™P'"V) ""u oy mc, ami tiom time to time to choose from among themselves anil ^yrr^lfr^' ^^^"^^ ''. ^^^ bu^ines'soFtheco^^^^^^^^^ liuy lequire, to hx their compensation, and to define their diud and obligations, and to make bye-laws and ordinanr^rnT . ^ to the laws of the province, for^he issuing^' ^S ' J^^^^^^^^^^ the payment of premiums and assessment!, thUrnLlenro^^^^^^^^ propei-ty, the transfer of the stock, the regulation oJraffaLfa^^^^^ the^good rule and government of the corporation. ' °^ - ^" persons m whose names property shall be injured in ih. company, shall thereby become ineWers during the Sd that they may remain insured and no longer ^ ^ ^^ of M rJ ''*" ^"f ""^"^r" ""^ *^« company shall be held in the citv of Halifax, and may be called bv anv tWp nf +1,/ ^ vj ■ n i ^"^ P?""^' f insurance shall be issued by the comnanv „n ■ d the sum of two thousand pounds has been paid rbvThe mrde^ on me interest of the person insured, in any buildinjr therebv in med, and m the land under the same for securing th? payment of all losses or assessments to which such person would be ffleun bSU 'fi ''■'''''' -'^ *^'« ''' '■ Pr«^>ded the extent of such Ha" b 1. y and the intention of the corV)ration to rely upon such l^^n shall be set forth in the policy; and that upon thTexniration of tC policy, or upon the alienation of the estate t^a bona fiTp^^^^^^^^^^ he hen shall cease as to all losses which shall therSr hanrn' unless the policy shall continue in force by consent of the ^P .uL '^-Y- ''fT^'y capital of the company shall consist of the sums paid m for msurance, but payment of losses sh^HE: farther secured as provided in the next ae6tion. — of TMOUTH MUTUAL chard McLearn, ard, and all auch rporation hereby by erected into a by the name of >mpany,"andby al, and may sue nces against loss es and merchan- themselves, and of the company fine their duties ;e3, not contrary ies of insurance, nagement of the F the aifairs, and e insured in the the period that held in the city persons named "sprinted in the all persons de- th, and become thereof for the e company un- by the parties !lf create a lien ng thereby in- the payment of d be liable un- at of such lia- ipon such lien piration of the ide purchaser, eafter happen, t of the pur- jonsist of the all be further OF NOVA-SCOTIA. 335 C. In case the paid in capital of the company shall be found Mabiiuy of mem- insufficient to meet losses, each member shall be liable to contril)uto '""' his proportionate share of the deficiency, so as not to exceed twice the amount of premium paid by him on property then insured— which sum, if not paid when ascertained and rccjuircd by the directors, shall be levied by warrant of distress upon his goods and chattels, to be issued by, and in the name of the president of the company. 7. Nothing in this act contained shall authorize the company to engage in any banking operation, or in lending money by way of discount, or in eifecting marine insurances or insurances upon lives. 8. This act shall expire unless the company go into operation within three years from the passing hereof. Not to aMthm-'ZH Ijunkiiii; opi'i'.'i- UolH. To pxpii'p unlem iirttil i;ii iu thiea AN ACT TO INCORPORATE A MARINE INSURANCE COMPANY IN HALIFAX. Passed 19tli February, 1S35. 6 Wm. 4, chap, 1. Company incor- porated liy iiaiiiH of " Nova S'<'olift mariri'' instiraiioe I'unipariy." Whereas the establishment of a company at Halifiix for making Pveami.ie assurances on ships, goods and freight, against the perils and dangers of the seas and navigation whatsoever, will be advantage- ous to the commerce of the province. And whereas the several persons hereinafter named, with divers others, have entered into a subscription to raise iu shares such sum as may be requisite as a joint stock or fund for said purposes : 1. Be it enacted, <$'c., That William Pryor, John Williamson, Lawrence Hartshorne, Edward Cunard, William Anderson Black, James G. A. Creighton, James Leishman, Joseph Starr, James Tremain, John Albro, William B. Fairbanks and William Saltus, and all and every such other person and persons as shall from time to time become proprietors of shares in the company and undertaking hereby established, as hereinafter is mentioned, and their respec° tive successors, executors, administrators and assigns, shall hence- forth be, and they are hereby united into a company, and declared to be one body, politic and corporate, by the name of " the Nova Scotia Marine Insurance Company," and by that name shall have perpetual succession and a common seal, with power the same seal to change, alter, break, and make new, as to the company shall seem fit, and by that name also shall and may sue and be sued, plead or be impleaded, at law or in equity, and shall and may prefer and prosecute any bill or bills of indictment against any person or persons who shall commit any felony, misc'emeanour, or other of- fence by law indictable, and shall by that name be capable, autho- 236 PRIVATE AND LOCAL ACTS ^•d w Restriction on tmd, and empowered to purchase, have, hold, receive nossees and enjoy, lands, messuages, houses, hereditaments uTWTestates Ml, soever, withm this province, either in fee simple, or for ten" life or lives, or ye.trs, or in uny other manner,^ but not evcee d n. ,„ value thirty thousand pouftds, and likewis; monies secuH ties for money, goods, chatties, effects, and other thiZ of'Xu.o: ever kind or tjuuhty, and shall by thai name, and in^thc r con o rnte capacty, be capable, authorized and empo.vere. to i e nan ' vt Z^.Tf^'' ^'"^^^' absolutely or c^onditionanjo; C TZllT /' "" -T ""^ P"'^* '^^ «"«'• '^^^ ''"^l personal estate and property as aforesa.,^, as to the said company shSl seem n e an KHtriction on »t their free will and pleasure : provided alwavs int t o I 'v i)unha»eofian,i«, monov of tliP l.in.la L^^„ j'i"vjutu aiways, tliat the purchase expenditure for the erection of such offices and l.uilcK s all not exceed the sum of two thousand pounds, unless o r K^L.ni a 1, rl? ^'T^^'^ T\'^?''^ by the accidental destruction thereof a larger expenditure shall become necessary. ' .-. selves in such proportions ' as tClXhTk pi^^^^^^^^^^^^ on the business ot marine insurance, an origimd capital or , 2 stock of twenty thousand pounds, and at any^future So an a Wi onal capital or joint stock not exceeding ten thousand runrS the same original capital shall be divided into four hffl shaies and assigns, proportionably to the sum they Sl'se ™n t S and contribute-and all j^rsons, their severd and ,~th^^^ ecutors, administrators and assigns, who shall sever 11 ysutscriS for one or more share or shares, or such sum or sums of monev L pany shall bear and pay, in the manner hereinaftar directed an equal and proportionable sum according to his or £r ^2^ of shales towards carrying on the business of the sa d olany and shall be entitled to and receive, according to the nu3o7shares so held and money so by him or them respectively paid distS I.ni°? ^^""^^^^ «r,"ay arise or accrue from the business and transactions of the said company. ""sjness ana 3. The names and designations of the several persons who De entitled to a share or shares in the said company with thp rp spective number of such shares, and also the prober number by Which every ,harc .hall k di.Unguished, sLali%e^ diicUy and Registration of •tuu'es. OP NOVA-SCOTIA. 23: ceive, possess nntl and real estates, iple, or for teriii ', but not excce- monies, securi- things of whiitso- 1 in their corjio- •ed to give, grant, ionally, or other- Jrsonal estate and 1 seem meet, and luit the purchase ate, re((uisite for nipany, and tlie ildings shall not replace the same itruction thereof, 1 the subscribers te among them- per for carrying capital or joint •e time an addi- tnd pounds, and hundred shares ) shares of the iibercd in regu- >e distinguished } shall be, and nd contributing administrators severally raise respective ex- rally subscribe IS of money as f the said com- ar directed, an leir number of !ompany; and nlier of shares paid, distribu- rofits and ad- ! business and persons who bscribe for or ■with the re- r number by iistinctly and ririilk'ixto of -IllllfH lo Im] t,'riiiJl>''l. I'lijnicMit lit chart's. clearly entered into the books for the registration thereof, and to be called the registry of shares, to \)c kept by the secretary^ broker or brokers of said company, and after such entry, a certiHeate under the seal of the company, and signed by such officer as nh-M be appointed for this purpose, shall be delivered to every proprie- tor upon demand, sj)ecifving the share or shares to which'such pro- prietor IS entitled in the said comimny, and such registry or the certificate of a share shall be evidence of the property or ownershij) thereof, but the want of such certificate shall not himler or prevent the owner of any such shares from selling or disposing thereof. 4. The several persons who Income subscribers toward the said undertaking shall, and they are hereby recjuired to pay tiie sum of money by thenj respectively subscribed, or such [.arts or t)ropor- tions as from time to time shall be called for as hereinafter is men- tioned, at such times and places as shall be directed, in pursuance of the provisions of this act ; and in case any person or persons shall neglect or refuse to pay the same at the time and in the man- ner required for that purpose, it shall be lawful for the said com- pany to sue for and recover the same in any court of law or etjuity or otherwise, for the board of directors hereinafter established, at their option, to declare the share of any such defaulter forfeited as in and by the bye-laws shall be provided. 5. All the shares in the original or increased capital of tlie said i^hn,o, .io.me.i company and m the undertaking for which it is established, and in " ' t^e profits thereof, shall be and be deemed personal estate, and as such personal estate shall be assigned and transmissable according- ly—but no share shall be divisable or divided or assigned in parts and the several shareholders or subscribers to the said undertaking respectively, and their several and respective executors, admini- strators and assigns shall not be liable to any debts of, or demands against the said company beyond the amount of their several and respective subscriptions or the shares they may respectively hold or possess in the said company, nor under any calls or assessments to be made by the said company or board of directors, or in any w-ay, by any means, nor on any pretence whatsover. be liable to the payment of any greater sum of money in the Avhole than the sum of fifty pounds on or for each several share subscribed for or held by or standing in the name of such subscriber or shareholder at the time of ordering any call or assessment : and that the siiid sum of fifty pounds shall include all the calls and payments to be made on one share, and that no greater sum than fifty pounds in the whole shall be paid on any one share in the said company. 6. The said joint stock and real and personal estate of the said corporation shall be liable for, and subject to the payment of all debts contracted by the said company, and that none of the present or future members of the said company shall be liable for the pay- ment of any debt contracted beyond the amount of the calls or assessments due and unpaid on the shares of thg stock held by such mdividual member. |"rsiiiial rHtate, mill truiisffraUi;. Liiiliility of shape .loint stock liable rV8pa,K)r8, tluit the san.o is in «uch ;ums and at uc uhn^^^^^^^^ «''"11 ')o reference to thrito .J tl. T '• "' ^''' 'r'"'' °*^ ^''''^'^tors, havin-^ after appoinSrc'nectivKrl'^^^^^^ Halifax papers, t urWavs atT f; ^^ "^"^' '" "^ ^'''' *^'« «^' tJ^« "11 the said cal , TmySts stl T ^'TT '^ '"''' ^^"^ '• ""^^ every share in suchS'ltyas^^^^^^^^^^^ ^T^''^'^^ °*" shall be a legal tender in this province ' °^'"''' P'^^*"^"' call, make, execute LSeZrT^ ^'' * '' P">^"^^"* "^ the first sufficient sWetror 'sure ies or hVr ! Tf f^'^""^' '^ '^°"^'' ^^^h rities, and conditioned he pavnlT^^'^^^^^ T"'*'*^ "^ «'^«"- to become due and mvahh^ S. i ^^^, '^''"'"^ «* ^^o calls hii..subscribe7anVXnint]/ f''^' '" ^^'' '''''''^ '^'^'^^ ^y curities shallttbfe t V V a^^^^^^^^^^^^ -^^^^ ^ - named in this act, uitil the boardTf Xectorsshf H ^''"'"^ afterwards to the approval of such boanl ' '^'''"' '^"^ J. All shares in any increased capital shall bn nm'ri „. i ble m such proportion, and at such tiS as the honH ?! ^^^"^ shall appoint, and such and the like s^, rUesas nr^ l, w '' retiuired for the payment of tho fnf.,™ <• ,"^ hereinbefore tal, shall be take'n ^m Vhe ubs'S^rsl ^^ sfj^ original capi- increased capital of the said company '' '" ""^ ^^^""'^ ofl'esaSirpTnfssxsr/'r^^^^^^^ directoi-s, to conL/of a pres dentT/ tiXo 7''''' ^"' ^'''^ '^ the necessary officei. of tfe'lSl^rpty staH faS all t" ''^' except in case of vacancies arisin.^ from death rpJ;nof "i"^'' wise, shall consist of one Dresid^PnlTlT i '/ ^''*'''"' or other- broker or brokers. andZo^S^^^^^f'^ectors, a secretary, t !fr?W' -dsuchotheroffi" rsaS^ ,«'' shall think proper to constitute and appoint ft Tpbli ^^^""^ nientandconductingthe business theSrandh^^^^^^^ era, authorities, duties riirhtq nnc] nrJ„ L ™"pe several pow- and by this act is or hv tlm K,r« i„„ "^ "ppuiniea, snaJi be as m after b^epreJ*r;&!?h:;{™ °' "° """P""^ " l— '"■■ ■•■* "■'■• «' i^f^'iswcQ^, or one of tiie directors of OP NOVA-SCOTIA. 339 il poundg shall be lis or piiynients, sum of twenty- «ciil»tMl for, shall 'cn hy the hoard hat the same is yinents shall ho ircctors, having f the company, i day to bo hero- or payment, no- least two of tho such day : and c proprietor of f such payment said company >nt of the first Y, il bond, with :urity or secu- le of the calls eral shares by ch bond or se- ' nine persona be chosen, and lid and paya- il of directors J hereiultefore original capi- n any future ' and business I in a board of 3r3, and that J at all times, ion, or other- I a secretary, the accounts tho company tter manage- several pow- )resident, di- r officers and ill be as in shall here- qualified to directors of tho same, unless ho shall, at tho day of election, '»ona fide hold and possess, and durin-,' tho time that ho or they shall continue to bo such president and directfrs, continue to hold and be possct-scd of three shares at tho least of the joint stock of tho said company, nor unless if chosen at any election occurring after eighteen months from the passing of this act, tho said liumber of shares shall have stood in his name on tho books during six calender months before tho day of election. 1± The anmial general meeting of tho said company shall bo a,,,,,,.,! «,„i .pc- held m tho month of January, in every year after this present year ''"' """'"'"' "' and at such day and place as the hoard of directors shall appoint' """'*"^' and that special meetings of the company shall be summoned by the directors, when they shall deem the Sramo necessary, or when- soever a requisition therefor, in writing, shall bo delivered to tho board, signed by twenty shareholders, owning not less than one hundred shares, and specifying the object of such meeting, and that meetings of the board of directors shall be held at the office of the company at least three days in every week, and at such other times as the directors shall think proper, or as the business of the company may reriiiiro : provided always, that notice of the day ap- pointed for the annual or any general or special meeting of the company, shall be given by an "^advertisement, published at least thirty days previous thereto, in two of the public newspapers in Halifax. 13. At every annual, general nnd special meeting of the com- *'i"i«i"' in. tn- dany, every proprietor or shircholdtr, having paid up all calls on 'ilni'!, ,k ' Tnum. hmi made, and then due ;,,i.i payable, shall be entitled to vote, ac- [^''tl^^u''"'-''' ''^■''' cording to tho nunibt ■ of shares which any such proprietor or ^' '"' shareholder may pos^^css in ilie company, in manner following, that is to say — the ownei- of one share shall be entitled to one vote, the owner of four shares, two votes, tho owner of eight shares, three votes, the owner 4" twelve shares, four votes, the owner of sixteen shares, five votes, the owner of twenty shares, six votes, tho owner of twenty- five shares, seven votes, the owner of thirty shares, eight votes, the owner of thirty-five shares, nine votes, the owner of forty shares and upwards, ten votes— and may give su< li \ ote or votes by his or her proxy, duly constituted, according to the bye- laws, such proxy being a shareholder, entitled to vote ; and every such vote by proxy shall bo as good and sufficient to all intents and purposes as if such principal had voted in person, and whenever any share shall be held by more than one person, then tho person present at the meeting, he who stands first on the registry, or is first named on the stock certificate, shall vote therefor, and at every meeting of the board of directors, each director shall have one vote only, and every question, matter or thing, which shall be proposed, discussed or considered, at any general or special meeting of the company, shall be determined by a majority of the votes and Foxies then given ; and every question, matter or thing, which shali be proposed, diacuBBed or considered, at any meetmg of the 240 PRIVATE Ax\D LOCAL ACTS 4 W Attciidnnee of 20 Cliairiniin of Record of procce- tC'fJ'^X' re to'' f ''''''''' '^ *^« -i-^*y of votes liappen/tL at anvtenetTn ''''' P^^t-^^^d in case it should ineetini of the boaTdfSL' '^fu""^ "''\"S "^ *^« ^«™Pa»y> or president of tl comSroS v' '2''' «hall be , f^en^'^ meetin- or of the El''^' ]? ii ^ ^'' ^^?^"'®' ^^^ chairman of the the rnaC unlr dTs 1 o!^V^^^^^ *« ^ Pf ting vote, upon personal vote, unlesT such ;jit' ''"^•" ''^^'*'°" *° ^^« 'W" »Z^S heldunl^tCbeLStw^S ^f,f^ ^^-W shall be at least twenty propriSs ho 5in^^^^^^^ ^\''} ^^t ^' V"« °^" *^« ^«t««^ said company, anTarevervS" T* *''''* ^""'''"^^ ^^'^^''^^ ^"^ the of the companV the Sen^^ ^'"''"^ "^ '^'''^'^^ "^^^*^"g the senior director nresfn^^^^^^ ^^"'P*"^' °" '^ ^"s ^bsenct ■ one of the P oprTe^^^^^^^ '^ "" '^' *^^r««tors. shall bechLiEofsuchlir ''''"'^•'°''*^"^ respectively thatifatanyXyapZlS^ir °''?'°°^ respectively; and or brokers of thrcomZv or tTl'^ ^^ ^^' '''''^^'y^ ^'^^^^ Notice to liojjivcii Tl^ 'PK^fi "•'oucvi/i. ling and desirou, to CXZeto^onST'" *>'^' "*."''- of, said company, and «ke TSy o?the ntX X^^t" by each subscriber, and by the ueHona in rt,^ .^f j '"'""' tively and shall „^., duri^ the'spTo "si^^'d^ysZm thlT- tadred .har« shall m have b^ ,^^^^ I'^I^^ ioritjr of votes case it should e company, or [jual, then the airman of the ng vote, upon n to his own hall be abro- >any shall be ; of the votes, shares in the Jcial meeting his absence he directors, respectively, ctively; and company, a un one hour every such some future tor be pre- any, as the their place. I or apecial ary, broker II attend in it purpose, >f the mee- ind deemed '„ and shall and places, a as conve- nent to be Jifax, give 1 company ioned, and ad therein til be wil- members res taken d respec- i the day take, nor therein, n hold a laid four ud sixtj OP NOVA-SCOTIA. 241 N'uiiilier of sliairs In l)f taki'ii lijoue iinliviiluiil. I'rovlH Sharps not tiikcii U'itliiii V2 inomlid. days, tlen and in such case it shall be lawful for any shareholder or shareholders to increase his, her oi: their shares, as he, she or they may think proper, and when and so soon as the first payments of the said shares so taken become due, the said five first named persons shall receive the same, and shall also demand and take, for and on be- half of the company, such securities as are hereinbefore directed to be taken for the payment of the future calls to be made on the said shares respectively : provided always, that if the number of four hundred shares shall not be subscribed for and taken, within twelve months after the passing of this act, then the said securities sliall be given up to the parties executing the same, and the first call paid on the respective shares shall be repaid to the respective subscribers, deducting only therefrom a proportional share of any expenses to be incurred in the matters aforesaid. 17. So soon as the number of four hundred shares of the said original capital of twenty thousand pounds shall have been sub- scribed, the said five persons first named in this act shall, by . public advertisement, to be printed in at least two of the newspapers at Halifax, during twenty days, appoint a day and place for the first general meeting of the subscribers, and shall assemble such meeting, and a chairman thereof being chosen from among the subscribers present, with a secretary, broker or brokers, the company hereby incorporated shall be formed and organized, and go into operation under this act, and the said subscribers, then and there present, or their proxies, shall and may forthwith, in the manner in this act ,^J^'™ I',''"'"';*' "■■'' prescribed, proceed to elect a president and twelve directors for the )'H™'i'i.Hi',miiroiii" said company, and a secretary, broker or brokers, auditors and such other officers as may be deemed expedient for the business thereof, and therefrom the persons so elected shall be, and become forthwith, the officers of the said company ; and the said president and directors shall constitute the board of directors thereof; and the said president shall remain in office until by a vote of some an- nual or special meeting his office shall be declared vacant, and a new president be chosen and appointed, tc» enter on his office on some day by such resolutions to be specified, and the said directors and other persons so to be elected shall hold, exercise and enjoy, and retain their respective offices from the day of such their election, until the annual general meeting in January, one thousand eight hundred and thirty-six, and thence, continually, until a new choice of officers be made bv the company pursuant to this act and the bye-laws in that behalf to be provided. 18. On the third Monday of January, in each year, the direc- tors of the said company, for the then ensuing year, shall be elected by ballot, in the following manner, viz : the shareholder shall first elect eight directors for the then ensuing year, out of the twelve directors who have served for the preceding year, and sliall then elect four other directors from the shareholders from the company qualified to heeome directors : provided always that it shall and may be lawful for the said shareholders to re-elect the four persons (■(Jl-S I'll'CtwI. Hmnl of (lii'(ir(or» to be cstiiblisliwl. 242 PRIVATE AND LOCAL ACTS curring. ^ II When company muy commence ope rations. I| so\vr' '^^''^"^ *^ ^'""'^"^ y'^'' ^^ ^^''y '^*" *'»"'^ p'op^'^ orran-rr orbr;kp?L''®'5-f ^HPu'"'^*^'"* ^^^ ^^""^t^^-^' ^^^^etarj, broker the Cr? hJ T'^f^^/f tJ^« «'^°>P«ny. shall become, and may by montt' 1^ . '"''''*^ '''^""* °" *^« '^^^^h' resignation, thre^ vZ.l V ^ ""' P«™?ent removal of such officer from the pro- Mnce by his ceasmg to hold the number of shares rcmired as a quahfication. or by a vote of the general meeting of the stockhol- de.^ removmg the officer for misconduct or malversation in office ; Sd IfnT?!, T^^^y- except m the office of president, shall be of dLXr^ the choice of a shareholder, to be made by the board ^LrfS ' *"'^ '^^'^ '^^^ '""^^ ""*'^ *h« ^»""al meeting, and at sZiS annual meeting qualified persons shall be elected to nSE ^ .? P^•^''{.*^''f ^ ""^'^'^ ^^h<> «*re as aforesaid to go out of vfnr Z y *^'l^I«"d»y of January annually after the present - PPr, pWf iT.t^'"' ^T ^''" ^''^^'^^e^ «« '^fo^-esaicl ; and all offi- thp tb S AT 7*^' f T "^^ "^''*'"« ^^'^^ «"t«r "PO'^ tl>cir offices on ™ dP^nl ^^^ ^^1??^"""?:^ '" "^""^ ye^'- **'t^'' tJie present year : nffil t if r^' *¥,* "''^ •^"''°*°^ «^ o^her officer so going out of office shall be capable of jbeing re-elected by the company." bpinLnlV i'2^ . ^Z T"" *' *^® ^"°^ «* t«» thousand pounds, co2«r i fiT* '[ *^' ^"Sinal capital or joint stock of said maX^^hi have been actually paid to the proper persons in Snn^ r!^T P'"''"^.'^ T" *^" «^"« '^^'^^^^^i^^ h> the seVcral pro- saS^Li'. 1' ^"'^«\ffi?'e"t securities shall have been given by Zt H n /''' 'Y ^^'"'"' ^^ *he^r shares, then and in that case It shall and may be lawful for the board of directors, by pub- u£!TT?' ^'^^ P''"*^ '"^ ^* ^«««* *^« «f the newspa^rs in ..nmnn^' ^ ! '"'^ *^^'^T^ ^°^^ "'^^e '^"^o^" the intention of the company, to transact the business of marine insurance, and to fix iiereZnt'" '^T' "^'^ ^'l^ !"' «P^" ^^' «"^h business ; and ooS " , '^'"^ ««"iP?ny shall and may, at tho day so named, Z nWr.r'^.rF ■'' ''' '^r "^'^ ^^ "«^if^'^ «r elsewhere in ill If hi t' ® J'"?®?.' ^°'! operations of marine insurance in all Its branches, and shall and may receive and accept orders, di- lections and proposals for insurances, and make insurance upon all anv vovl?''' ^'''^^^'^""''.^ P"'"' ^'^ "* «ea, or for and upon 31 ^*F "" adventures whatsoever, and for and upon all goods, Sion ofn^kP''PT*^v.r\^^^'*^ whatsoever, and all money, coins IhhZZ . f r^?5'' things whatsoever in and upon any such ship laden or to be aden, and in and upon the freight of goods on Zt:.''' T?'^ '' *° ''rr^^ "P^'^ ^"3^ «h'P or vess'el or »ln Ly ^® whatsoever ; and also upon monies lent or advanced S^on, .rj ^^'"espondentia, and upon expected profits and com- missions or adventures by sea, and upon all subjecte of marine in- surance whatsoever; and the same shall and Ly insure agaiist all losses, penis and dangers whatsoever of the seas, fire enS thieves an.1 other risks of the seas and navigation IS^ '"n " od again«t by under^yriters, and either for or duringlhe iVctie OV NOVA-SCOTIA. 243 11 think proper icretary, broker ae, and may by ignation. three r from the pro- i retjuired as a ►f the stockhol- ation in office ; lident, shall be e by the board aeeting, and at be elected to lid to go out of ar the present I ; and all offi- thcir offices on present year : > going out of pany. asand pounds, stock of said >er persons in le several pro- been given by m and in that 3tors, by pub- newspapers in tention of the ice, and to fix usine.is ; and ay so named, ■ elsewhere in insurance in pt orders, di- mce upon all or and upon )on all goods, uoney, coins, ion any such ;ht of goods or vessel or or advanced its and com- f marine in- sure against re, enemies, ally insured e respective , Validity nfpohcie* mill cxtoni of in iuriincc. voyage or any time or times whatsoever ; and shall and may agree for, fix and establish the premiums and compensations to; them to be paid for such insurances, and shall and may make and execute all such writings and policies of insurance, and with and under such reservations and conditions as shall be agreed upon or ordered by the board, and shall and may accept, receive and take the aban- donment, relinquishment and surrender of any ship or vessel to said company abandoned under any such insunmce, and shall and may adjust and settle all claims and demands for losses for and in respect of any such insurances or of any orders therefor to the said company given, and generally shall and may perform and transact all matters and things whatsoever relating to the business of an insurance broker and insurer or underwriters on ships or goods be- longing or appertaining, and to all intents and purposes whatsoever. 21. All order p and directions for such insurance to the said company given ana by them accepted, and all policies of insurance by the said company made and sealed with the common seal there- of, and signed by the president of the company or any chairman of the board of directors, and countersigned by the secretary, broker or brokev ihe company, shall be binding and obligatory upon the said , ? viy, and all the joint stock, capital, funds, property and effects tiiereof whatsoever, and the amount by such policies in- sured, and which, upon adjustment of any loss, is or ought to be payable to the assured, thereupon, shall be faithfully and truly paid and satisfied within sixty days from the time of such loss set- tled or adjusted : provided always that until the expiration of two years from the constitution of the said company aa aforesaid no Restriction greater sum than three thousand pounds, and after the said two amount, years expired no greater sum than five thousand pounds shall be insured by the said company, and be at risk at any one time upon any one ship or vessel, or upon any goods, wares or merchandize on board thereof, or upon any freight by such vessel to be earned, or commission or profits expected to arise during the voyage insu- red or from the cargo on board thereof^ or upon any security of the nature of a mortgage or bottomry or respondentia given for or upon such vessel, her cargo or freight ; but the several insurances made upon the several risks in or depending on any one vessel, may collectively amount to any sum not exceeding three thousand pounds during the first two years, and five thousand pounds after- wards. 22. The affairs and business of the said company shall be ma- Affairs of comp« naged and transacted by the board of directors thereof, of whom ^i^l "•""" °*' three directors, with the president, or in case of his sickness or ab- sence, four directors, one of whom being chairman of the meeting, shall constitute a meeting, and the said board of directors for the time being shall have full powers and authority to meet and ad- journ from time to time and from place to place as they shall see fit ; and also to direct, manage and conduct, with the assistance of the secretary, broker or brokers, all the afiairs and business of the com- ai to ' ; 244 PRIVATE AND LOCAL ACTS S^ It Piirrilus fiiiiils and lapital stook, how- to be iiivesluil losses clain>ed under TS^trS «, and approved balanse, sfa&w^ 845 Abstract to ho mg clearly and explicitly the state of the debts and credits of the said company, and shewing] how many and what part of the insurances made by the company are determined,_or remain undetemined and at risk, and what claims ibr losses are "unsettled, and Avhat deduc- tions or allowances ought to be made thereupon ; and also phewing how and in what manner the capital stock of the company is in" vested or disposed of, and what sums of money are due to the com- pany, and also stating such further particulars as by the bye-laws and regulations of the company shall bereciuired, shall be 'produ- ced by them at the annual geneml meeting for the inspection of the proprietors, and a duplicate thereof; in like manner signed and at- A„.tract t,. n. tested, shall be transmitted to the office of the secretary of the ''»'"'""'^'' '" ^<>- province, for the lieutenant-governor, and his majesty's council, and ^^Tv^»S^!^ of the general assembly. 26. The books, papers and correspondence, and all other docu- i,«<,k«of™n,pany ments and writings of the company, shall at all times be onen to """J™' '" '"*'•"• the membei-s of the board of directors, and shall be subject to the "" ' """■ order and disposal of the board ; but the rendering such accounts as aforesaid to the general meeting, shall not be construed to con- fer on any proprietor, not a director or auditor, the right to inspect m the books of the company the account of any individual, other than himself, with the said company. xv^^' ,^*e^eiT annual meeting or some adjournment thereof, m^..^^ there shall be made out of the clear residue of the profits and ad- vantages, rents, premiums and interest, to the said company ac- crued, or by the same previously made, [after deducting therefrom an allowance sufficient to discharge the outstanding and probable claims against the company, such dividend or dividends as the pro- prietors at such meeting shall order and direct, and such dividend or dividends shall be at and after the rate of so much for every share held by the members thereof, their executors, administrators or assigns, or else the said clear residue, or some part thereof shall be directed to accumulate and be added to the capital stock • provided always, that the monies received or securities taken for the premiums of insurance, undetermined and outstanding^ on the last day of December, one thousand eight hundred thirty-six and in each year thereafter, shall not bo deemed to be part of such pro- fits ; and provided always, that until after three years no dividend of more than five per cent, per annum on each share shall bo made. I, ^S' ,If at the annual meeting in January, one thousand eight s„rpu« of dw- hundred and thirty-eight, or at any subsequent annual meeting i^uS,. the net surplus and profits of the company, from the business of the year then next preceding such meeting, shall suffice to make therefrom a dividend of more tlian five per cent, per annum, but less than ten per cent, per annum, or more than ten pounds' and less than fifteen pounds per cent., or more than fifteen pounds, and less than twenty pounds per cent., and so in the like pronortion for every »iiare m the company, then in each and every such case til wr S46 n Company emiXHv- iTed to Diukr rules, bie-lan?, i < flovernor may or- der Inspection of b joks of company. Course to he pur sued Bliouirt capi- tal of <;om]>any be wholly expended PRIVATE AND LOCAL ACTS surplus and excess of profits, more than sufficient to make the re- spective dividends of five, ten, fifteen or twenty poundTand so fn the hke propor^on per cent, but not sufficient to increase "Ihr vidends by the full sum of five pounds per cent. respSly sha be added to aud form part of the capital or joint stock of tfie JZ Vmy and shall not be the subject of any dividend. -.». Ihe said company shall have full power and authority from r to ^T' "' f ' ^'''. '' '^"Z '^ '^' ^^'^^ meelfngs Sore said to make, ordain and put in execution, such rules orders and bye-laws, as to them shall seem meet andpUer for recSlatZS t^nT/Zef tt T^^""'- *'^ *--f- foKe^XiftS! thA^ TT^-^^^ enforcing payment of calls, the proceedings of the board of directors, the transaction of the business of th"?om pany the government and regulation of all the officers and serSs of the company, and for the superintendence and management of the afiairs of the company in all respects whatsoever, a^d Ct^^f to tjme to alter and repeal such rules, orders and b^e- W or a^y of them, and to make others, as to the shareholders of the comJZ at a general meeting, shall seem meet and expedient S^Ti rules, orders and bye-laws so made as aforesairSg Suced mto writing, and signed by the chairman present at any fuch mef ting and sealed with the seal of the company, shall inKinanv court of aw or equity, be deemed and taken % bethe rdlg, S niy .T 1 ^'^^V^'^Pany •• provided always, that such rule7 or to C? ^'"'T' ^'T Vg"^^"° *^« J^^« of the provW 01 to the laws in force withm the same, or to the express (£rec iona and provisions of tWs ax>t; and provided also, that\o bSw of the said company and no repeal of any bye-k;, shall be^L force or executed, until the same respectively is approved by the S tenant-governor and his majesty's council. ^ 30. The books and accounts of the said company shaU at all times be open to the examination of such person o? pS as X heutonant-governor for the time being, with the advFce of his ma jestys council, shall appoint to inspSt the same, SthatSe any policy of insurance shall be issued by the said company the mode and secunl.es in and upon which thLurplus c2ffik of the company sha have been invested, shall be first sanctioned and approved by the lieutenant-governor for the time beinr 61. If It shall happen that by or in consequence of any losses or misfortunes or other means whatsoever, the original onncrea- sed capital and joint stock of the compaily shall It Ly time he wholly expended, or claims against the company shall be outetan! ding and unsettled to an amount equal to the^xisting and avXwe capital and funds of the company, then as soon as the same shS be known to or ascertained by the president or board of Tec tow It shall not be lawful for the company to make, or for the 2 board to accept orders for, or sign oHssue any ne^ or ?Jr herTn^ sumnces or pd.cies therefor whatsoever; and^f any such Srther msurancea shall he mnAa nr r>«i;/.;«« *i.'e.^ v. -^ , " iurmer ,r ,VY """'^^"^ niiawsuever ana It any such i msurajices shall be made, or policies therefor ba niJn^^ nV sued to muko the re- inds, and bo in icrease such di- pectively, shall ck of the com- authoritj from stings as afore- les, orders and regulating the ) and registra- jroceedings of 38 of thfc corn- 's and servants lanageinent of p.nd from time e-law8, or any the company, ent; and all »eing reduced ny such mee- a all or in any rul^s, orders It such rules, the province, 388 directions bye-law of be in force, by the lieu- y shall at all srsons as the e of his ma- 1 that before ampany, the pital stock of ictioned and f any losses 1 or increa- iny time be be outstan- id available same shall f directors, }r the said Further in- »ch further OP NOVA-SCOTIA. 247 after such knowledge of the state of the affairs of the company had by the president or directors or any of them, then for and upon all losses and monies payable for losses under such insurances, and policies so issued and signed, the said president and each of the said directors who shall accept or make such insurances, or autho- rize or sign the same policies, shall bo personally, and in their es- tates jointly and severally liable and accountable to the full amount of such losses, and all charges incident thereto. 32. Upon the happening of any such losses or misfortunes as P>.,ni„tm„ of last mentioned, to the extent of the said capital and funds, or upon '"'"'""'•' the vote of three-fourths in number of the proprietors in the said com- pany, holding at least three-fourths of the whole number of shares in the said company, it shall be ^awful for the said proprietors to dissolve the said company, and to declare that the same shall cease on a day to be fixed, and therefrom the said company on that day shall cease and determine ; but the board of directors and officers of the com- pany shall continue in ofuce during such time as shall be required for winding up the affair? and business of the company, and all corporate powers for this purpose necessary and requisite, shall siibsist and remain in force until the whole of its aflairs shall be fully settled and closed, and the bosrd of directors for the time being shall and are hereby required to adopt the most immediate and effectual mv_>sures for settling, winding up and closing all the accounts, affairs and business of the company— ascertainine, adjus- ting and paying the demands against the same— collecting 'the debts due, and converting the capital and property of the company into money, and for dividing and paying to and among the share- holders and proprietors entitled thereto, the whole net proceeds of the same according to their respective shares and interest in the said company. 33. In case any loss or deficiency of the capital stock of the said corporation shall occur, from the official mismanagement of the (hrectors of the said company, the persons who are stockholders at the time of such mismanagement shall, in their private and indivi- dual capacities, be respectively liable to pay the same : provided however, that in no case shall any one stockholder be liable to pay a sum exceeding the amount of the stock actually then held by him m addition to the stock so held by him. ' 34. This act shall continue for the term of twenty-one years and no longer, unless the same shall be determined in the manner hereinbefore expressed. r.iiihiliiyof stock lioliler'i. I'onlinuatiQD of uct. ) PRIVATE AND LOCAL ACTS Company may take mortgage on real estate. Members necessa- ry to compose an- nual or spttiAl AN ACT TO AMEND THE ACT TO INCORPORATK A MARFNE INSURANCB COMPANY IN HALIFAX. Paused l-2th March, 183tl. Whereas in and by the twenty-fourth clause of the act, passed m the last session of the general assembly, entitled, an act to in- corporate a marine insurance company in Halifax, it ia enacted that the surplus funds remaining from dividends and the capital stock of the said company, from time to ti le as the same shall be paid m and collected, and all surplus of monies received, shall be kept constantly invested on good real or pevsonr.l securities, or in the public funds at interest, in the name of the company but no part thereof shall, beyond the sum absolutely necessary for procu- ring the necessary buildings, offices and accommodations of the company s business, bo invested in fixed property, or ient or ad- vanced on bottomry or respondentia, or on mortgages of ships or vessels, or real estate : provided always, that for and as an addi- tional security for debts previously contracted with the company mortgages of real or personal property mr.y be made to and held by the company. And whereas difficulties have arisen in the in- vestment oi the capital stock and surplus monies of the said com- pany, under the above recited clause, on real securities, though the same may be only intended to accompany, and as collateral and auxiliary to good personal security from the operation of the pro- viso to the said recited clause being limited to debts antecedently contracted, and not extending to cotemporaneous securities whereby the said capital stock and surplus monies will be rendered unprofi- table and remain uninvested ; 1. Be U therefore enacted ^-c, That hereafter it shall and may be lawful for the president and directors of the said company to receive and take as and for a collateral security, and as accom- panying and auxilliary to the bond or note or otlior personal security Oi the b rrower of any part of the capital stock or surplus monies of the said company, a mortgage upon real estate, provided always that sudi mortgage, together with such bond or note or other personal security, shall be taken in the name of the said company, and shall be in all cases such aa the said directors shall consider an ample security for the sum of money so borrowed from the capital stock or funds of the said company. And whereas the number of shares held by the proprietors present at any annual or special meeting of the company requi- site to constitute such meeting under the fourteenth clause of the said act has been found to be too numerous and to be inconvenient : 2. Hereafter it shall and may be lawful for any annual or spe- cial meeting of the said company, to be held when twenty members shall be present, holding at least one hundred and twenty shares BINE INSURANCE f the act, passed ed, an act to in- X, it is enacted, and the capital he same shall be eceived, shall be securities, or in jompany, but no ssary for procu- lodations of the 7, or ient or ad- iges of ships or md as an addi- 1 the company, ade to and held irisen in the in- >f the said com- ities, though the 3 collateral and tion of the pro- mts antecedently irities, whereby ndered unprofi- ler it shall and ! said company, and as accom- othor personal tock or surplus JState, provided )nd or note or aae of the said directors shall borrowed from OP NOVA-SCOTIA. in the said company instead of two hundred shares, as in and by tlio said fourteontli clause of the said act is required. And whereas the said company having l)cen in operation since the month of lAIay, in the year of our Lord one thousand eight hundred and thirty-five, and at the annual meeting of the said com- pany held in January in this present year no dividend was detria- red or made of the surplus funds and profits received from pre- miums or otherwise, and in consequence thereof no dividend can bo declared under the said act until the annual meeting of the said company, wliieh will tiike place in the month of January, in tlie year of our Lord one thousand eight liundrcd and thirty-seven, and it 13 therefore expedient to permit a larger dividend to be made of tfie profits of said company than five per cent. : J{. At the annual meeting of the said company, which shall DividHn,H take place m January, in the year of our Lord one thousand eight hundred and thirty-seven, or at any annual meeting of the said company thereafter, it shall and may be lawful to make out of the clear residue of the profits and advantages, rents, premiums and interest to the said company accrued, or by the same previouslv made, after deducting therefrom an allowance sufficient to dis- charge the outstanding and probable claims against the company, such dividend or dividends as the proprietors at such meeting shall order and direct, notwithstanding the same may be over five per cent, per annum : provided always that save and except as to the amount of such dividend all the requisites of the twenty-seventh and twenty-eighth clauses of the said act hereby amended shall be observed and followed. And whereas it is expedient that the said company should be authorized to effect insurances to a larger amount than three thou- sand pounds : 4. During the remainder of the two years next following, and after the constitution of the said company, the said company .shall and may take and insure upon any one ship or vessel or upon any goods, ware.^ and merchandize on board thereof, or upon any freiglit by such vessel to be earned, or commission or profits expected^to arise during the voyage insured, or from the cargo on board there- of, or upon any security of the nature of a mortgage, or bottomry, or respondentia, given for or upon such vessel, her cargo or freight,' any sum not exceeding in the whole upon the several insurances made upon the several risks in or depending upon any one vessel taken collectively the sum of four thousand pounds. 249 Aniomit of insu- raiK'cMi'xt.'nilpd. he proprietors ompany requi- clause of the ! inconvenient : annual or spe- renty members twenty shares 32 250 PKIVATE AND LOCAL ACTS tiabllity of slmre holder!". T w™.4,c,..p.20. AN ACT FinTIIER TO AMEND TI.R ACT TO INCORPORATE A MARINE INdUKANCE COMPANY IN HALIFAX. ^*<>'^i'- VMml a-tl. Mun'h, lWi7. Whereas the liability of sharehol.lers in the Nova Scotia niarino insurance company, incorporated by an act passed in the fifU™ of the reign of king Willmm the fourth, entiUed, an act to incofuo rate a marine insurance company at Halifax, is limited and re- stricted to the amount of the capiuil stuck held by such sharelll respectively, unless m case of any loss or deficiency of the S il a^ock of he said corporation occurring from the offidal mismanS- Z K 1 . i'^'Tf °^??f "^^ ^«"'P""^' ^^i'^'" the individual res- ponsibihty of each shareholder is extended to such further amount as the amount held by such shareholder may be in addition To^he amount of such stock; and whereas it would tend o U.e better security of the public, an.l further assure the stability o the sak corporation that the same responsibility of the individWl si mreS lers should be extended to cises of loss or deficiency of Z S Sier cLse."'"'' "''^^anagement as aforesaid, o^r C^Sly 1 I- ^^" Vt"'fT ""'''''^' •^•''•' That in case of any loss or deficiency which sliall or may hereafter arise or occur in tV cani- ty or joint stock of the said corporation, whether arising fromX official mismanagement of the directors of the said company or f om any other cause whatsoever, the persons who are orTa^y' be shareholders in such company at the time of any such loss or de- ficiency so occurring as aforesaid, shall, in their private individual capacities, be respectively liable to make good any such Jo sm- deficiency so far as maybe requisite or ne'^cessary to Jay offand discharge any claims or demands against the said corporation the ex sting; provided always, that in no case shall anyone sha,^ holder be liable to pay a sum exceeding the amount of the s ok heM by £' ''^' '^ "^' ^'"^'^''^^' '" ^'''^-^^ "hetockt And whereas, although the present number of shareholders in the said corporation is one hundred and twenty-nine persons, acuay ber of shares to be held by any one shareholder of the said corno- ration is deemed advisable : ^^^^ ,Tarr;o",;',.e,a y,A ,1!^^ ""T " '^,r¥^e'' ^» the said corporation, who by Shareholders, holds loss than ten sharcs therein, nor any person who may here- after become a shareholder in the said cor^ration, shall purchase obtain retain or hold, or be entitled to purchase, obtaCeS or hold, more than ten shares in the said corporation ; and ^o per- son holding ten shares or upwards in the said corporation, shalfat any time hereafter, be entitled to obtain, purchas^ retain or hold Proviso. Preamble. Limitation of RATE A MARINE I Scotia niarino n the filth yoar act to incoiuo- i mi ted and ro- 3h shareholders ^ of the capital iial inismanago- individual res- further amount addition to the 1 to the better ity of the said idual sharehol- icy of capital, , or from any of any loss or lir in the capi- ising from the I company, or ire or may be ich loss or de- ate individual ' such loss or pay off and •poratioii then ly one share- t of the stock 3 the stock so holders in the 3ons, actually 1 of the num- le said corpo- wration, Avho 10 may here- ill purchase, )btain, retain and no per- ion, shall, at tain or hold, OF NOVA-SCOTIA. any other or further share or shares therein, so loii^ aa such person shall hold or retain as many as ten shares, and in case any person now holding more than ten shares, shall, by sale or transfer, re- duce the number of shares held by such person to ten shares, or to a less number than ten shares, then, and in such case, the person so reducing his numl)er of shares, shall, at no time thereafter, be entitled to hold or retain, or become proprietor of more than ten shares ; provided always, that nothing herein contained shall ex- tend or bo construed to extend, to shares held or robiined by any person or persons, as the executor or executors, or administrator or udmiuistrators of any deceased shareholder. 951 AN ACT TO AMEND THE SEVERAL ACTS FOB INCORPORATIN(i THK 4 y.^ thai. 32 1 NOVA SCOTIA MARINE INSURANCE COMPANY, AND TUB HALI- FAX MARINE INSURANCE COMPANY. Vaased 2c u.arn.o n.Hurano. company on the Hooond Mui.dayVf . nu y n 7JJV;- '"r"'*"' "J^vays tl.at the said annual n,ootin««Jle duly .ulvcrtiscd a« m tho said acts resfK-ctively provided ; and tl.at il a suihcent nun.ber of proprietors, holding Uio re.,ui3 o uml^,^^ « shares, conformably to the said ao'veral ac'ts, shall ',^t k. f s " jouintd un d the next or some future day, as in the wii.l several acts respectively provided. ^ «v, mu.i Btvtrai And whereas the annual general inoetin<' of the said Ilulif ix nanne .nsurance company Mas held on the s^cor.d TuSy of j" i.u.uy, m this present year, and was attended by a lar-o nun.ber he propnetors thereof, exceeding the nu.uberllf proprieto a d holding a much greater number of shares than is re.,u r^d by the aoresaulaetformcorporuting the said company; bit the notice ot he sa,d meeting, a though tho same wa,s ixten^ively advertised and known, was not advertised for the period prescribed fn he 3 act m consequence of a nn'sapprehensicln of the terms thereof -. 1 lie election of directors and oflicors of the ^;.id comuanv -.t such nieeting, and all the proceedings had therea , s lllT^Cfi^ ' oemed to be valid, ogal and binding, in the same manned u to 10Vic.,cha....i: AN ACT TO ENABLE THE NOVA-SCOTIA MARINE INSUIUVCE COM I'ANY TO COMPENSATE THEIH HIUECTOUS AND AtWTO^^^^ Passed 17tli Marcli, 1847. teo^-u;;i'a!:? o,.^. ^^ i^ "f"'^''^' 'S-^^-, ^hat it shall be lawful for the Nova tt? toT;"' insurance company, at any annual or gereml m e- tmg to vote any sum of money by suclf company deemed mv^ to be paid m such manner as may be prescribed by any reso uS of the said company, as a compensatioi for the services onheird^ rectors and auditors, provided that at least two-thirTs ofihe sha.t holders present at such meeting in person or by S p oxfes hall concur m any such resolution, any clause, matter or ?hLTin T 2. This act shall continue and be in force for nine vears ,ind thence to the end of tho then next session of the geSCmbly ditur Proviso. Dui'ation of act. n^'oftho Halifax ly of .January, in meeting sbill bo ovided ; ami that rc(|ui3ito immltcr ill not Ik; present cm, shall bo ad- tho Bail! several tho aaid Halifax I Tuesday of Ju- a lar '(« nuniber f [tropriotors and rc'(juir".i by the ; hut (lie notice sively advertised jrihed in tho said rnis thereof: i^'iid company at < shall be and bo manner and to hud been duly CSUltANCK COAl- I for the Nova- r general mee- leemed proper, any resolution ces of their di- Is of the share- r proxies shall r thing in the the contrary ine years, and eral assembly. 01' NOVA-SCUXXA. 253 AX ACT TO INCORPORATE THE I'MON MARINE INSURANCK COM- n,.,^.M,|. PANV or NOVA-SCUIIA. il4a|,.u. I'luswl attli March, ISaS. Wlicrcaa tho business of marine insurance has of late years iTcan.M.. greatly mereasod in this province, and it ia expedient that every lacihty and advantage should ho given and allowed to morchanta and others engaged and inttn ; ) in tho navigation and shipping thereof; and whereas the pp;bon3 \v. r.'inafter named, together with others, undertake and agrev to subscri' a and raise a sufficient capi- tal tor tho carrying on such bu "ness, ft-.l are desirous of obtaining an act to incorporate them \\\\.> a oomj uiy for that purpose : 1. He. it thertfont miu'tri> f'j., That William Stiirs, David T.Knr,«rHtioH «r Allison, .James A. Alorcn, Joseph Fairbanks, .JiimoH II. Ueync.lds ' '""'^" .John Strachan, Joseph Starr, John E. Fairbanks, Kobert m! lirown, John Clark, ^[artin Gay Black, Hugh Lyle, and all and every other person and persons as shall from time to time become proprietors of shares in tho company and undertaking hereby esta- blished as hereinafter is mentioned, and their respectTve successors, executors, administrators and assigns, shall henceforth bo, and they are Iiercby united into a company, and declared to be one body, politic and corporate, by the name of " tho union marine insurance company of Nova-Scotia," " .and by that name sh-all have perpetual succession and a common seal, with power tho same seal to change, alter, break and make anew iis to the company ahall seem meet' and by that name also shall and may sue and bo sued, plead and be impleaded at law or in cfjuity. and shall and may prefer and prosecute any bill or bills of indictment against any pc^rson or per- sons who shall commit any felony, misdemeanor or other ofleiice by law indictable, and shall by that name be capable, authorized and "'"»"r-. nivi empowered to purchase, have, hold, possess, receive and enjoy '''*'"'*''''■ lands, inessuages, houses, hereditaments and real estates whatso- ever within this province either in fee simple or for term of life or lives, or years, or in any other manner, but not exceeding in vjiluo thirty thousand pounds : and likewise monies, securiiies for monies, goods, chattels, effects and other things of whatsoever kind or tjua- lity ; and shall by that name and in their corporate capacity be capable, authorized and empowered to give, grant, sell, assign mortgage, demise, absolutely or conditionally, or otherwise dispose of, all or any part of such real and personal estate and property as aforesaid as to the said company shall seem meet, and at their free will and pleasure : provided always that tlie purchase money of the Real e«t«e of lands, messuages, houses or real estates retiuisite for the offices and ''™P'"'y- buildings for the business of the company, and the expenditure for the erection of such offices and buildings, shall not exceed the sum of two thousand pounds, unless to replace the same or to repair 354 PRIVATE AND LOCAL ACTS fapitalof com- II iifi! : Sliarcs i selves in such proportions as they shall think proper, for c!rrvini? tin., the same S ^-- i ^i'''''"' '° ""^^'^""^ '°^^ '""*"b»- » I .M ?^A ' ""'',«r'™' «=orfingto the number of ICg be ..lied the registry of shares, to be kept by the secretarv to Begibiry of shurcs gistry rayinont of Bliarea. under the seal Of the;oTp!;;;.:i;Sb^^^^^^^^^^ be appointed for this purpose, shall be delivered to everTprorrietor upon demand, specifying the share or shares to whSS nm' proprietor shall be entitled in the said company and such rellT or the certificate of such share or shares.^shaU be t dence?f '£ property or owm .hip thereof-but the'want of su h certll shall no hinder or prevent the owner of any such share or £es from selling or disposing thereof ^'^^ 4. The sever. \ persons who become subscribers toward tbp anui undertaking shall, and they are hereby required S prthe sumff tToZi i[ IT '"^"^'^'y «»^««ribed, 0? such pa?tf or pro^- tions as shall from time to time be called for. a., hereinaft-^r i™ tioned, at su.a times and place, a. shall be directed, L p«ce OF NOVA-SCOTIA. 255 lereof a larger the subscribers e among them- r, for carrying apital or joint time an addi- Hnd the same shares of fifty if the like de- ed in regular distinguished shall be, and and contribu- tors, adminis- ihall severally md respective ally subscribe 5 of money aa the said com- [• directed, an sir number of ompany, and ber of shares aid, distribu- ; profits and 3 business or ons who have be for or be ivith the res- r number by istinctly and reof, and to iretary, bro- a certificate icer as shall r proprietor, h such pro- ich registry, !ence of the I certificate '0 or shai-es ml the said the sum of or propor- ft^r is men- pursuance of the provisions of this act ; and in case any person or persons shall neglect or refuse to pay the same at the time and in the man- ner required for that purpose, it shall be lawful tor the said com- pany to sue for and recover the same in any court of law or equity, or otherwise, for the board of directors hereinafter established, at their option, to declare the share of any such defaulter forfeited, as in and by the bye-laws of the said company shall be provided. 5. All the shares in the original or increased capital of the s^'"'""" (Uom..! said company, and in the undertaking for which it is established, •'"""'-*"'"■ and in the profits and advantages thereof, shall be and be deemeil personal estate ; and as such personal estate shall be iissigned and transmissable accordingly ; but no share shall be dcvisal " .; or divi- ded, or assigned in parts, and the several shareholders or subscribers to the said undertaking respectively, and their several and respective executors, administrators and assigns, shall not, except as herein- after provided, be liable to any debts of or demands against the said company, beyond the amount of their several and respective subscriptions, or the shares they may severally aiiu respectively hold or possess in the said company, nor under any calls or assess- ments to be made by the said company or board of directors, or in any way, by any means, or on any pretence whatsoever, be liable to the payment of any greater sum of money in the whole than the sum of fifty pounds, on or for each several share subscribed for, or held by, or standing in the name of such subscriber or shareholder at the time of ordering any call or assessment ; and that the said sura of fifty pounds shall include all the calls and payments to be be made on one share, and that no greater sum than fifty pounds in the whole shall be paid on any one share in the said company. 0. The said joint stock, and real and personal estate of the said n,.i,(, .,f ,.„„„.«. corporation, shall be liable for, and subject to, the payment of all "■'• debts contracted by the said company, and that none of the present or future members of the said company shall be liable for the pay- ment of any debt contracted beyond the amount of the calls or assessments due and unpaid t)n the shares of the stock held by such individual members, except in the cases hereinafter provided for. I The said original capital of forty thousand pounds shall be simresmbe ,mi,i paid and contributed in and by the following calls or payments, that ''*' ""*'"""'■"''• is to say — the first call or payment, being the sum of fifteen pounds for and upon each and every share subscribed for, shall be paid within thirty days after public notice is given by the board of directors, in two of the Halifax newspapers, that the same is re(iuired ; and that all other subsequent calls and payments shall be in such sum, and at buch times, as the board of directors, having reference to the state of the business and aftiiirs of the company, shall order and direct ; provided always, that of the days to be hereafter appointed respectively for any subsef(uent call or payment, notice shall be given by advertisements, published in at least two of the Halifax papers, thirty days at least, previous to such days, and all the said e-alls and payments shall he mad© Tiimilatioii of lin- liilit.v of slmrcliol- 256 Security to he KivHii by »hare- lioldfrs. Payment of sharci on hicrcaseil eani tal. Prescient, diree- tors, anil utlicr officers of com Jinny. ji/:c.3y.s3./.2- Qualification of l)re8i(lent and directors. Meetings of com jwny. PRIVATE AND LOCAL ACTS by the projrietor of every such share in such coin or money as at the time ot such payment shall be a legal tender in this province .l,.m ... n''i;V T^!' ^' "' «^^^«^«'^'«r m, the said company," sli. 11 at or before the time appointed for the payment of the first call make, execute and deliver to the said company, cither a bomi Avith a mortgage to accompany the same, on real estate, or other- wise a bond, with two sufficient sureties to the satisfaction of the said president and directors, or a majority of them ; and which said bond and securities shall be renewable as often as the president and directors shall require, and to be conditioned for the payment of the residue of the calls to become due and payable as aforesaid, on the several shares by him subscribed and taken in the said com- pany-which bond or securities shall be subject to the approval of the first nine persons named in this act, until the board of directors shall be chosen, and afterwards to the approval of such board .♦. All shares in any increased capital shall be mid and payable in such proportion, and at such times, as the board of directors shall appoint, and such and the like securities as herein- before required for the payiaent of the future calls of the oricrinal capital shall be taken from the subscribers, for shares in any future increased capital of the said company. 10. The management ahd regulation of the affairs and business of the said company shah be conducted by and vested in a board of directors, to consist of a president and twelve directors, and that the necessary officers of the said company shall be, and at all times except in case of vacancies arising from death, resignation or otherl wise, shall consist of one president, twelve directors, a secretary, broker or brokers, and two auditors or examiners of the accounts of the company and such other officers and servants as the com- pany shall think fit to constitute and appoint for the better ma- nagement and conducting the business thereof, and that the seve- ral powers, authorities, rights, duties and privileges of such presi- dent, directors, secretary, broker or brokers, auditors and other officers and servants of the company, so to be appointed, shall be 1^\ TX ^ ft'' ^'* '"'-f .^^*^' '^^^■'"^^'^ «f ^he said company shall be hereafter prescribed and established. 11. No shareholder in the said company shall be qualified to be elected, or to sit or act ns president, or one of the directors of the same, unless he shall at die day of election, bona fide hold and pos- sess, and during the time that he or they shall continue to be such president and directors, continue to hold and be possessed of five shares, at least, of the joint stock of the said company, nor unless If chosen at any election occurring after eighteen months from the passing of this act, the said number of shares shall have stood in his name on the books, during at least six calendar months before the day of election. \Jh^ l!"^ annual general meeting of the said company shall be held in the month of January, in every year after this present year, and at such day and place aa the board of directora shall appoint OF NOVA-SCOTIA. 857 )r money as at > this province, said company, 2nt of the first either a bond, itatc, or other- sfactiou of the and which said ) president and lie payment of s aforesaid, on the said com- he approval of rd of directors ch )x)ard. be paid and tlie board of ies as herein- )f the original I in any future 3 and business id in a board tors, and that 1 at all times, Ltion or other- , a secretary, the accounts as the com- e better ma- lat the jeve- f such presi- rs and other ited, shall be said company (ualified to be ectors of the iold and pos- iie to be such essed or five ^ nor unless, iths from the ave stood in onths before tny shall be present year, liall appoint, and that special meetings of the company shall be summoned by the directors when they shall deem the same necessary, or when- soever a recjuisition in writing therefor shall be delivered to the board, signed by twenty shareholders, owning not less than one ^ hundred shares, and specifying the object of such meeting, and that meetings of the board of directors shall be held at the office of the company at least three days in every week, and at such other times as the directors shall think proper, or as the business of the com- pany may require : provided always, that notice of the day ap- pointed for the annual or any general or special meeting of the company shall be given by an advertisement, published at least thirty days previous thereto, in two of the public newspapers in Halifax. 13. At every annual, general, and special meeting of the com- Q'i"iiflersons named ke for ai\d on are directed yments to be vays, that no JO entitled to ', obtain, rc- mpany: pro- md or be con- ainod bj' any ainistrator or 1 not be sub- assingofthis arties execu- ! shares shall OF NOVA-SCOTIA. 259 UsMTfteiJm i^ g^ be repaid to the respective subscribers, deducting only therefrom a proportional share of any expenses to be incurred in the rr tters aforesaid. ] *j|. So soon as the number of eight hundred shares of the ori- wrt-'-"!!^'''!"" "f ginaA^apital of forty thousand pounds shall liavc been subscribed, """'""'^' the saAl five persons first named in tliis act sliall, l)y public adver- tisemenKto ho printed in at least two public newspapers ))rinted at ll.i.lifa\during twenty days, appoint a day and place for the first gcnerjfinieetiiig of the subscribers, and shall assemble sucli . « meeting, aiulV chairman l)eing clioson from among the subscribers ^^l^e^{2 Sev)). ^.3/. present, with iNsecretary, broker or Ijrokers, the company hereby incorporated sliaVl be formed and organized, and go into operation under this act ; aftd the said subscribers tlien and there present, or their proxies, shtHJ and may forthwith in the manner in this act prescribed, proceed t\elect a president and twelve directors fi)r the said company, and\ secretary, broker or brokers, auditors, and such otlicr ofiicers as mav be deemed expedient fcv managing the business thereof; and thefcfrom the persons so elected shall be.-d becone forthwith the ofiicerk of the said company : and tlie presi- sidcnt and directors shall coiiWitute the board of directors thereof: and the said president shall remain in office until by a vote of some annual or special meeting his ollSce shall be declared vacant, and }>- new president be chosen and ap)s(ointed to enter on his office on some day l)y such resolutions to be specified; and the said direc- tors and otlier persons so to be electe(Miall liold, exercise, and en- joy and retain their respective offices ftom the day of such their election until the animal general meeting In January, one thousand eight hundred and thirty-nine, and thenceVontinually until a new choice of oiT^cers be made by the company, pursuant to this act and the bye-laws in that ])chalf to be provided. 1 i >. On tlie third Wednesday of January in eSch year, the dii-ec tors of the said company for tlie then ensuing ydnr shall be elec- ted by ballot, in tlie following manner, viz :— the sliAreholders shall first elect eight, directors for the then ensuing year oiAof the direc- tors who have served for the preceding year, and shaH then elect four other directors from tlie sliai-eholders of the companVcjualified to become diiectors : provided always tiiat it shall and miijNje law ful for the said shareholders to re-elect the persons who w^ di rectors the preceding year, if they think proper so to do. 20. The office of the president or directors, secreta'-v, broker or brokers, or auditors of the company, shall become, and may by the board be declared vacant on the death, resignation, three months' absence or permanent removal of such officer from the province by his ceasing to hold the number of shares recpiired as a, ((ualification, or by a vote of the general meeting of tlie stock- holders removing tnc officer for misconduct or malversation in office ; and every such vacancy, except in the office of president, shall be filled iin by the choice of a slsaveholdor, to be m;ido by the board of directors, and who shall serve until the annual meeting ; Annual (.'Iwlions of ilirec'toi'9. Proviso. Viipanoios nniong tlinrtors or olti- (•■■irt of (:oii)|i»iiy, liinv to hi; lllluu up. [\ When c.iinpan.v uiiiy loiiiinciKw bii!)ine a. m 2^ PRIVATE AND LOCAL ACTS and at every ,t;,h annual meeting qualified persons shall be e1cc~ ted to supply the place of those officers who are, as aforesai.}, to pc out of office on the third Wedr.esday of Januar^ annually afi.th^ present year or whoso offices have been vacated as aforesaid ■ and all officers elected at tiie annual meeting shall enter v.non thei" .offi- ces on the third Wednesday of January in every y.-ar after he present year : provided always that any director or itl.cr officer m go.ng out of office shall be capable of bdng ic-.locted by tile com- p.iny, 21. When and so soon as the sum of twelve thonnand rnunds rM ?i r '^*"u"^ ?f'^ *" *''^ rr°P^r persons i.. marrJer he- ro, o provided upon the ^-.lls aforesaid by the several prop-ietors of Hhares, and sufficient securities shall have been given hy. a id pro^ priojoi^ for .:n^ i^danccs^of their shares, then and in that ca£ it shall and mav 'rf- I.huI lor the board of directors, by public adver- tisement to bo pvuite . !;u at ]er).st two of the newspapers in Halifax to declare thes.n > .,.d inalce known the intention of theo-mpany to transact the b..F.a,)s. of inarine insurance, and to fix the time when their office will be open for such business; and tl-re- upon the said company shall and may, at the day so name!, com- mence and carry en in their office in Halifax, or elsewhere .1. this province, the business and operations of marine insurance in all its l)ranch..., and shai and may receive and accept orders, directions ''^■^•"'.'iiff proposals for insurance, and make insurance upon all shins / ^yrru^j and vessels whatsoever in port or at sea, or for and upon any voy- ages or adventures whatsoever, and for and upon all goods mer- chandize, property and effects whatsoever, and for and upon all money, coins bullion or other valuable things whatsoever in and upon any such ship laxlen or to be laden, and in and upon the freight of goods or merchandize carried or to be carried upon any ship or vessel, or on any voyage whatsoever ; and also upon monies ent or advanced upon bottomry or respondentia, and upon expec- ted profits and commissions or adventures by sea, and upon all subjects of marine insurance whatsoever ; and the same shall and may insure against all losses, perils and dangers whatsoever of the «ea.s, fire enemies, thieves, and other risks of the seas and naviga- tion usually insured against by underwriters, and either for or du- ring the respective voyage, or any time or times whatsoever ; and shall and may agree for fix and establish the premiums and com- pensations to them to be paid for such insurances, and shall and may make and execute all such writings and policies of insure -1,0, and with and under such reservations and conditions as sha ;' u' agreed upon or ordered by the board ; and shall and may a- v„t receive and take the a'-v.lonment, rehnquishment ai.J s"--. -,der ot any ship or vessel to ;., company, abandoned und^ ■■ .,v' uch insurance ; and shall anu a^ay adjust and settle all claiLi, snd de- mands for losses for or in respect of any such insurances -.. '-. .ny orders therefor to the said company given, and "-enerally ' ' J^ may perlbrm and transact all matters and things whatsoever ".-t" I OF NOVA-SCOTIA. 2(J1 ns shall be eloc- 3 aforesaid, «o fro nnually afur-thf s aforesaid : ami !rvponthc;:ofli- y year after the T otiier officer so ited by the com- :hoinan(l royrKls IS in manner he- al prop"]etor8 of en i)y said pro- in that c;ise it by public adver- pers in Halifax, of the ?^oTnpany, to fix the time s ; and tli-!re- so name!, com- Isewhere m this arance in all its ■ders, directions upon all ships upon any voy- ill goods, mer- r and upon all tsoever in and and upon the rried upon any io upon monies id upon expee- , and upon all same shall and atsoever of the as and naviga- ther for or du- atsoever; and unis and com- and shall and I of insurp ncc, IS as sha ; i\ may oc '< i,t, aiiu s'Td .Mder idf ;v ,;vich lai..i; snd de- ices O!' efany iliy::a:;c.:sa atsoever ;e!a,- Ordirs fur insu- iMi.c — liiibiliiy ii ciJiiipHiiy. Kxtcnt ofrisk. ting to the business of an insurance broker and insurer or under- writer on ships or gooils belonging or appertaining, and to all in- tents and piirposes whatsoever. 22. All orders and directions for such insurance to the said company given and by them accepted, and all policies of insurance by the said company made and sealed with the common seal thereof and signed by the president of the company or any chairman of the board of directors, and countersigned by the secretary, broker or brokers of the company, shall be binding and obligatory upon the Said company ; and all the joint stock, capital, funds, property and effects thereof whatsoever, and the amount by such policies insu- red, and which upon adjustment of any loss is or ought to be pay- able to the assured thereupon, shall be faithfully and truly paid and satisfied within sixty days from the time of such loss, settled or adjusted : provided always, that until the expiration of one year Proviso, from the constitution of the said company as aforesaid, no greater sum than four thousand pounds, and after the said one year expi- red no greater sum than five thousand pounds shall be insured by the said company, and be at risk at any one time upon any one ship or vessel, or upon any gootls, wares or merchandize on board there- of, or upon any freight by such vessel to be carried or commission or profits expected to arise during the voyage insured, or from the cargo on board thereof, or upon any security of the nature of a mortgage, or bottomry or respondentia given for or upon such ves- sel, her cargo or freight ; but the several insurances made upon ♦• the several risks in or depending on any one vessel may collectively amount to any sum not exceeding four thousand pounds during the first year, and five thousand pounds afterwards. 23. The affairs and business of the said company shall be ma- ""'i"''''' '>f eom- naged and transacted by the bo^d of directors thereof, of whom 'r,h;'''!r '" '" three directors with the president. oFtiTcase^orhis sickness or ab- sence, four directors, one of whom being chairman of the meeting, shall constitute a meeting, and the said board of directors for the time being shall have full powers and authority to meet and adjourn from time to time and from place to place as they shall see fit'; and also to direct, manage and conduct, with the assistance of the secre- tary, broker or brokers, all the affairs and business of the company, and the taking and accepting orders for insurance — fixing the pre- mium therefor — executing, sealing and delivering policies of marine insurance — adjusting, settling, paying or compromising for losses claimed under policies — procuring, purchasing or obtaining suitable buildings, offices and places for the business of the said company, and fitting the same with all things necessary therefor, and inves- ting the funds and taking securities for the monies of or debts due to the said company, upon public or private stocks or real or per- sonal securities, and making or carrying into effect all contracts and bargains touching the said company and the affairs thereof, but subject nevertheless to such orders, bye-laws, rules and regulations as at any time shall be duly made by the said company in restraint, !?//•: ^,?7. a-j-/ 2, 362 Employment of aurpluii ruuds. II Burplug funds of conii>ttny,liowili»- iK)«l'(l of. Books of company to lie balanced — abstract to \n! siilv mitteJ to proprie- tors. Inspection of books, &c. of «ompany. PRIVATE AND lOCAt ACTS i^fsl'^:!^Z^^^^^^^ ^"^ ^"*^-^- ^-^^ vested tal^lok'^nf Z^'"5 ^""*^' remaining from dividends, and the capi- be dISI In 1 J? .T^T fr"" ^"'"^ *« »'■«'« «« the same shall be paid m and collected, and all surplui of monies received, slmll be kept constontly mvested on good real or personal secu es to resrirthf naT"T?? ""'^^'- '''^ '' ^" ^''« P"^'- funSra int - sTm loLTl '^' TP'"^' ^"* °« P^'^ thereof beyond the offi?p« S ^ necessary for procuring the necessary buildin.rs vfstedinreTpS'^!^'*^'°r,J*^^*=°'"^^^ be fn: r^tlrv of. ' T'>" ''"^P*'''* ^^''''^^' J«"t or advanced on bottomrv or respondentia, or on mortgage of shins or vessels • provided alwayg that for, and as an additLal security for any Thich ma^b^'-rVlS'''^ r «"??'"^ ^""^^ «f '^^ saidMmpimJ Which may be invested aa aforesaid, or for or in respect of any debts on U^o^rT't^'^V^^" ^f r-1 estatcTpe ! Zv d^d TofL?^ ^ '""^•^ *° ""^ ^^^*^ by the said company : provided also that mortgage interest in ships, vessels or .'oods may be insured thereby ; nor shall the said funds be used o.^ml^S ness aa merchants, or deal m buying and sellins goods or ner- rretenK2^'''>r''.?^^^^'"'"^ pretence of the capital or joint stock of the company, or Avherel.y the same shall be in any way reduced or impaired ^' ^ and thev ar/^l ^'^. ?yirectors shall have power and authority, b^ks o?thp «nY^ > '*"'*'^ 'T^"^' *° «^^^« t« be balanced the books ot the said company on the last day of December, one thou- rent:f *eSl',f '^''^ ^'«^> ^^ ^' ^^^ ^^ber pe'rioS as any fh.?n 1^ f f, '^^" ':'^"""®' ""'^ tbe same, being so balanced a^nl^ bTlS^^T''?'^.-""^ «^^"^^ by the saicf auditors, and Snof^I • ^'''? °^ f'''^''*^^^' ^"^ ^» abstract of the said credKtelt'''^ '"^ ^"Pil^'*'y '^'' ^^*« «f tbe debts and of the inLrlr ^^7^^' ?"^ '^'^^'"^ how many, and what part undete mS^^^^^ l^ '^! '?°'P^"^' "^« ^^^t^^^^J^^^ °r remain and S Sno?- ' "'''',f °*^ ^'^*' '^'^^'"^ ^«'- !««««« «re unsettled, and In ll '*'T °' ^"r^'^^es o»gbt to be made thereupon lhL^2 '— ^ ^°'''/°** ^" ^bat manner, the capital stock of te d^Cr '"'''^''^ ^^ ?P^«^ «^' ^"d ^bat sums of money Lbv th? h ,''°'"P»°y. and also stating such further particulars Tuir/d sLif ht''ir^'^«"l**^°"' ""^ tbe company slmll be re- quired, shall be produced by them at the annual general meetincr, manneVXr 1 *^/ ^T^*^^^' '""^ ^ ^"Pb^'^^ thereof in lik^e t^e secret nf.\ attested shall be transmitted to the office of lovPrnoS f ^ P'°V'?'^' ^''^ ^^^ information of the lieutenant- governor and her majesty's council, and of the general assembly. mpnti Ja V ' P^P®/^ ^^ correspondence, and all other docu- trlmw/nfTl^" Tr^^' «'^^" ^* ^" t^'"^^ be open to the members of the board of directors, and shall he subi^ct to the order and disposal of the board j but the rendering such accounts OF NOVA-SCOnA. 263 3 hereby vested 3, and the capi- thc same shall received, shall al securities, to ' funds, at inte- •eof beyond the 3ary buildinr^s, 3S shall be inr mt or advanced ips or vessels : jurity for, any said com puny ct of .any debts estate or per- laid company : or goods may d or employed Y on any busi- goods or pcr- ! made on any y, or whereby ind authority, balanced the )er, one tliou- period as any so balanced, auditors, and t of the said the debts and md what part led or remain ire unsettled, thereupon ; pital stock of tns of money T particulars shall be re- jral meeting, lereof in like the office of 3 lieutenant- 1 assembly, other docu- 3 be open to ibject to the Lch accounts DividciMlii restric- ted to certain per as aforesaid to the general meeting shall not be construed to confer on any pro{)rictor, not a director or auditor, the right to inspect, in the books of the company, the account of any individual, other than himself Avith the said company. 27. At every annual meeting, or some adjournment thereof, n«»iiii;nda. there shall be made out of the clear residue of the profits and ad- vantijgcs, rents, premiums and interest to the said company accrued, or by the same previously made, after deducting therefrom an allowance sufficient to discharge the outstanding and probable claims against tlte com[)any, such dividend and dividends as the proprie- tors at such meeting shall order and direct, and such dividend or dividends shall be at and after the rate of so much for every share held by the members thereof, their executors, administrators or assigns, or else the said clear residue, or some part thereof, shall be directed to accumulate, and added to the capital stock : provided always, that the monies received, or the securities taken, for the premiums of insurance undetermined and outstanding, on the last day of December, one thousand eight hundred and thirty eight, and in each year thereafter, shall not be deemed to be part of such profits. 28. If at the annual meeting in January, one thousand eight hundred and thirty-nine, or at any subsequent annual meeting, the ccutages, net surplus and profits of the company from the business of the year then next preceding such meeting, shall suffice to make a dividend therefrom of more than five per cent, per annum, but less than ten per cent, per annum, or more than ten pounds, and less than fifteen pounds per cent, or more than fifteen pounds, and less than twenty pounds per cent, and so in the like proportion for every share in tlie company, then, and in each and every such case, all surplus and excess of profits more than sufficient to make the respective dividends of five, ten, fifteen or twenty pounds, and so in the like proportion per cent, but not sufficient to increase such dividends by the full sum of five pounds per cent, respectively, shall be added to, and form part of, the capital or joint stock of the company, and shall not be the subject of any dividend, 29. The said company shall have full power and authority, from time to time, at the first or any of the general meetings as aforesaid, to make, ordain and put into execution, such rules, ordei's and bye-laws, as to them shall seem meet and proper, for regulating the proceedings of the company, the transfer and forfei- ture, and registration of shares, the enforcing payment of calls, the proceedings of the board of directors, the transaction of the busi- ness of the company, the government and regulation of all the officers and Liownnts of the company, and for the superintendence and managr iv i,t of the affairs of the company, in all respects what- soever, and from time to time, to alter and repeal such rules, orders and bye-laws, or any of them, and to malce others as to the shareholders of the company, at a general meeting, shall seem meet and expedient, and all rules, orders uud byc-Iaws, so uiadQ as, Hye-I».. , may \it eataliU. \sd. SG4 PUIVATE AND LOCAL ACTS I'ron.^ II Hinikr»(ir(oin|Miny <'l"ii 111 llif iii- HlKrlillll (if gu. viTiumiit. Capilal iif <(iin|ia- ny uxpciiiled, in- »UrBDC'l'» to c-l'USC. f aforosai,! k'ing mlucM into writing, and signed by the chairman in-esent a .ny «uch .no«ti,.,., and Hf them, then, fo^ md upon all losseVand monies payable for los. undo, such insurances and policies so issued and signed, the said president and each of the said directors who shall accept or make such insurances, or authorize or sicn the same policies shal be pe-.n..ily, and in t). h- estates jcutly and severaly liable and account, hie to the full amount of such losses and all charges incident thereto. ^8«K."'"^ '* p. Upon the happening of any such los.,. ; or misfortunes as /?^ ,T/h^^..l,.3/^^ mentioned, to the extent of the sai ' capital md funds, or u;>on - L I 7the vote of three-fourths in number 0. -oV -rietors in the S company, holding at least threc-fourt of .■ whole number of shares in the said company, it shall be iuwful fL- the said proprif tor. to dissolve the said company, and to declare that the same 8.a cease on a day to be fixed, and therefrom the said company shall on that day cease and determine, but the president, board of directors and ofhcers of the company, shall continue in office du- ring such time as shall be required for winding up the aflFairs and business of the company; and all corporate powers for this purpose y the chairman eal of the coin- trned and taken )any : provided >t repugnant to ithin the same, act : provided • repeal of any ne respectively lesty' , council. »y, shall be at persons, as the advice of her ind that before company, the apitjil stock of irst sanctioned nder in chief, of, any losses il or increased me be wholly tstanding and lilable capital hall be known ictors, it shall I board to ac- in.siiiances or er insurances d, after such by the presi- ill losses and d policies so lid directors, B or sign the I jci.itly and such loasen, jfijrtunes, as ^ds, or upon in the s lid number of lid proprir t the saniu d company »t, board of n office du- affairs and his purpose OF NOVA-SCOTIA. necessary and requisite, shall subsist and remain in force until the whole ot its affairs shall be fully settled and closed, and the board of directors for the time being Hhall be and are hereby reijuircd to wJopt the most immediate and effectual measures for settling, win- ding up and closing all the accounts, affairs and business of the company, ascertaining, adjusting and paying the demands against the same, collecting the debts due, and converting tlie capital and pro[>erty of the company into money, and fur dividing and paying to and among the shareholders and proprietors entitled thereto, the whole net proceeiis of the same, according to their respective shares and interests in the said company. '■>'•). In case of any loss or deficiency which shall or may bcre- after arise or occur in the capital or joint stock of the said corpo- ration, whether arising from the "Hcial mismanagement of the di- rectors of the said company, or Irom any other cau^e whatsoever, the persons who are or may be shareholders in such company at the time of any such loss or deficiency so occurring as aforesaid, shall, in their private individual capacities, be respectively liable to make good any such loss or deficiency, so far as may be neces- sary or requisite to pay off and discharge any claims and demands against the said corporation then existing : prov idcd always, that in no case shall .ny one shareholder be liable to pay a sum excee- ding the amount of the stock then actually held by such sharehol- der in addition to the stock so held by him : provided that nothing h. 3in contained shall hmit or apply to the liability of any piosi- Jent, directors or other officers of the said company tor official mis- conduct mismanagement. 34. hall be lawful for the said board of directors to allow ...., and pay lo the secretary, broker or brokers, and any other officers ^'' and servants of tlio company, such compensation and allowances as may be reasonable or agreed upon, and to the president such com- pensation as the company at any gener.-il meeting shall order for his services ; but the said directors and auditors shall not be tnti- tled to take or receive any payment or remuneration whats' r for their services respectively. 35. No loan of the capital stock at any time to be raised Ufn!« r the provisions of this act or any part thereof shall he made direct- ly or indirectly to any director of the said company, nor shall any such director be a party to any security for any such loan ; and no stockholder to whom any part of the capital stock shall have been lent shall !• eligible as a director during the continuance of such loan. 36. This act shall continue for the term of eighteen years and no longer, unless the same shall be determined intlie manner here- inbefore mentioned. 265 Kiiriher li»hi|iiy uf slmnholiltTS. I'rf.\riif ■ 111 I ofstcrp ■ktif, kc. <'niitinuation uf act. ^. , /f J-j- / 84 mi J ^-f t^. if a. l-KIVATB AND LOCAL ACTS • Vic.,clw|i. AJ, I^CMIlllIC, May t«)F(|ir»-.t.)i'i( uoil au.llti'i I'rovlsu, Continuing climse AN ACT TO ENAI.LK t„E t'NlON MARINE INSUKANOE fOMI'ANV OK NOVA-SCOTIA ,> COMPENSATE THEIR DIRECTORS AND AU- DITORS. Fu»«hI iBUi Murtli, 1S«. Whereas the Hhareholders of the union marino insurance com- pany of Nova hcotia are desirous of hein^ permitted to comi)en. sate the -iirectors and auditors thereof for their services, in case thev shall think proper so to do : 1. He it (hnrjorv marted tf-c.,. That it shall and may be law- lul tor the union marine insurance company of Nova Scotia at any annual or general meeting of such company, to vote any such suni or sumH of money as such company may deem proper, to be paid m such manner as may be prescribed by any resolution of the said company, as a compensation for the services of their directors aiHi auditors— provided that at least two-thirds of the shareholders present at such meeting in person, or by their proxies, shall concur Jn any such resolution, any clause, matter or thing, in the act of incorporation of the said company contained to the contrary not- withstanding. ^ 2. This act shall continue and be in force for four yeaiN and sembl ^ ^^^ ^""^ ''^ ^^"^ *^^" "^''^ ^^^^'""^ ""^ ^^'^ general aa- II 10 Vic, cliap. U. AN ACT TO CONTINUE THE ACT TO ENABLE THE UNION MARINE IN SURANCE COMPANY OF NOVA-SCOTIA TO COMPENSATE THEIR DIRECTORS AND AUDITORS. Act 6 Vic. conti- nu'jil. Coyttt****^^ r Pu38e(l litli Maich, 1847. 1. He it enacted, ^-c, That the act passed in the sixth year ot the reign of her present majesty queen Victoria, entitled, an act to enable the union marine insurance company of Nova-Scotia to compensate their directors and auditors, and every matter, clause and thing therein C( ntained, shall be continued, and the same arc hereby continued for nine years, and thence to the end of the then next session of the general assembly. /ir^rz/yy./ ^>^^^ h'-y^'^^^^^^^/^^u^^ OF NOVA-BCOTIA. 267 IHANCB COMI'ANV IKCTOHS AND AU- insurance com- littetl to compen- Berviccs, in case and may bo law- Nova Scotia, at to vote any such em proper, to bo resolution of the of their directorB ■ the shareholders xies, shall concur ig, in the act of he contrary not- four years, and [' the general aa- loN Marine in- PENSATJi THEIR n the sixth year entitled, an act Nova-Scotia to J matter, clause id the same aro end of the then A Vein murine in- •iiniiiii' ('iinipiiiiy liK'Mrixirutcil, Rt'&l I'fltate uf i'i>m|iaiiy. f'lipltnl stock of coui|miiy. Mftbllltyof mcin- AN ACT TO TNCORPORATE THR AVON MARINE INRl'RANrR » vir. cb«p. m, COMPANY.. pMied 31»t Marrh, IS.M. 1. he It marfpfi, ^r. — Benjamin DcWolfe, .lohn Duncan, Theodore S. Harding, Ezra Churchill, Bennett Sniith, Nicholiis Moshcr, senior, (iodfrey P. Payzant, David Koid, James L. he- Wolf, Gurdon Davidson, John Skuling, Theophilus Cowen. and such other persons as are or may hereafter l)ecome shareholders in the company hereby established, shall be a boily corporate, by the name of the " Avon marine insurance company,"' for the purpose of conducting the business of marine insurance at Windsor, in this province. 2. The company may hold real estate not exceeding the valire of seven hundred pounds. 3. The original capital stock of the company shall ])o ten thousand pounds, which may subsecjuently bo increajted by vote of the shareholders to twenty thousand pounds, to be divided into shares of twenty-five pounds each, which shall be numbered in regular progression ; but no member of the company shall hold more than twenty-five shares at one time. 4. No member of the corporation shall be liable on account ot the debts of the company to a greater amount in the whole than double the amount of the stock held by him, deducting the monies paid thereon to the company, unless he shall have rendered himself liable for a greater amount by becoming surety for the debts of the company. 5. Every shareholder shall, at or before the time appointed for payment of the first call for payments on account of the shares, execute and deliver to the company, either a bond, with a mort- gage on real estate to accompany tne same, or otherwise a bond •with two sufficient sureties, such bonds to be renewable as often as the president and directors shall require, and to be conditioned for the payment of the residue of the calls to become due or payable on the shares held by him, which securities shall be subject to the ap- proval of the first seven persons named in this act, until the board of directors shall be chosen, and afterwards to the approval of such board. 6. All calls or instalments on account of the shares, shall be paid by the several shareholders at such times and in such ecjual pro- portions aa the directors shall appoint and notice of the times and places of paying such calls shall be given by them, by adverti.se- ment in at least two of the Halifax newspapers thirty days at least previous to the time of payment. 7. Tho management of the afiiiirs of the company shall be con- Affairs of oompa- ducteil h^ a board, to consist of a president and four directors, and }'ii by aboard."'" SharpliolJers to KiVB iHiiids for IiuyuiPiil of all cullH uii their •luires. TnstalmoMn tn be juid na direetont /diall apiioiiii. ^ II J III 268 Firit meeting Proceed iiiffs to Ix- entered in h Ixxik kept liy secretary. Secretary to keep a book with rec rd of subscriptions, stock, Ki: As soon as cn]iitRl be suliscrilied, di- rectors may com- mence 1)iisiiies3 at Windsor. Surplus capital to be invesle 1 on in- lereut, &c. PRIVATE AND LOCAL ACTS the necessary Officers of the company shall in addition thereto con- sist ot a secretary two auditors or examiners of the accounts of the rtS;elrV^^^^^^ 4 hoM tS LS^nf ' ^'"" ^resu^scri^e^, the company Pnmmn?\^ n'T*^'"^' °! ^^'^ e^"''^«^ °^ «Pe'""'»I "meeting of the asTaKtten] frf T'^T^ ^^- ^^^ ^ecretary/or such othe? person as shall attend in his place, m a book to be kept for the purpose and shall then be signed by the chairman of the meeting, and bS so entered and signed shall be deemed to be the original ordei^ and proceedings of the company, and when proved shall be TegaTe^ S^'hairbfo^H^ '.'?-^^''" '^ keptat'theofficeof thesettary and shall be open for the inspection of any person who may desire the same at all reasonable times, without fee 10. The secretary shall also keep in his office a book contain- kfns'X,i A TT^ subscriptions of stock, and of all addi- tions thereto, and of all alterations in the ownership thereof 5 K iT? '^f./'^'T' P«^"d thereon ; and no transfe^r of sToh stock shall be valid until it shall be entered in such book wh"ch book being proved shall, be legal evidence of the owneSp of ho shares, and shall be open for the inspection of any person who ma v desire the same at all reasonable times, without 4^ ^ scribpd :^l't"? '' *V^^' original capital shall have been sub- scribed, and tue sum of two thousand five hundred pounds shall have been actually paid to the company by the pLrie ors of shares and sufficient securities shall have'^been given by them for the balances thereof, the directors may, at their office i/wndsor commence and conduct the business of marine insurance in aH its branches, and may make insurance upon all subjects of marine in- surance whatsoever, and may t: msact all matteis relating to the business of a marine insurance, broker, insurer or underwriter- but until the expiration of one year from the time when the com! pany shall commence the business of insurance no greater sum than one thousand pounds, and after the expiration of the year no grea- ter sum than two thousand pounds in the whole shall be insured by p!,!??'"^ """^ ^ ^V''^ V^' '^"^^ *^"« »P«» ^^7 one ship or same risk' '''^"' ^'"'^ "' '*^'' '"*''''* *^'''^" ^^P^°^'"g °^ ^he .JJIa ^" *^^ paid capital of the company which shall not be con- sidered necessary to be kept on hand for the payment of losses or expenses shall be kept constantly invested at interest upon appro- ved securiies as mentioned in the fifth section, or in public fis bank or other stocks, in the name of the company, but no mrt thereof beyond tue sum absolutely necessary for pr^^uring theC cessary building for conducting the business of the compfny shall be invested m the purchase of real estate, nor shall any part there- of be lent on bottomry or respondentia, or on mortgage of ships or vessels, but mortgages of other personal propertv mny b« heldby 1 lition thereto con- he accounts of the the company shall bed, the company nl meeting of the luch other person i for the purpose, eeting, and being riginal orders and mil be legal evi- B of the secretary . vfho may desire s a book contain- and of all addi- nership thereof, transfer of such uch book, which ownership of the person who may have been sub- id pounds shall 3 proprietors of i^en by them for See in Windsor, irance in all its ts of marine in- relating to the r underwriter : when the com- reater sum than 3 year no grea- l be insured by iny one ship or pending on the mil not be cou- nt of losses or st upon appro- i public funds, T, but no part curing the ne- company shall ny part there- ge of ships or ay be held by OF NOVA-SCOTIA. the company to secure a debt ; nor shall the funds of the company be employed in merchandize, nor shall the company carry on trade as a mexchant, nor shall any dividend be made of any part of the capital stock ; nor shall any loan of any part of the capital stock be made directly or indirectly to any director of the company, nor shall any such director be a party to any security for any such loan ; and no stockholder to whom any part of the capital stock shall have been lent shall be eligible as a director during the con- tinuance of such loan, 13. The books and accounts of the company shall at all times be open to the examination of such persons as the governor in council shall appoint to inspect the same ; and before any policy of insurance shall be iesued by the company, the securities upon which the surplus capital stock and the balance of the unpaid stock of the company shall have been invested or secured, shall be first approved by the governor in council. 14. If it shall happen that in consequence of any losses or mis- fortunes, or other means whatsoever, the original or increased capi- tal and joint stock of the company shall at any time be wholly ex- pended or claims against the company shall be outstanding unset- tled to an amount equal to the existing and available capital and funds of the company, then as soon as the same shall be known to the president or board of directors it shall not be lawful for the company to make or for the board to accept orders for or issue any new insurance or policies whatsoever ; and if any further insu- rance shall be made, or policies issued after such knowledge of the aifairs of the company had by the president or directors or any of them, then for all losses under such insurance and policies the pre- sident and each of the directors who shall accept or make such in- surance or authorize or sign the same policy, shall be personally and jointly and severally liable to the full amount of such losses and all charges incident thereto. 15. Upon the happening of such losses or misfortunes as last mentioned to the extent of the capital and funds, or upon the vote of three-fourths in number of the proprietors in the company hol- ding at least three-fourths of the whole number of shares in the company, the proprietors may dissolve the company and declare that the same shall cease on a day to be fixed, and thereupon the company on that day shall cease and determine. 16. So much of the sixteenth section of the revised laws, pas- sed during the present session, as prevents incorporated companies from transacting the business of insurance, shall not extend to the company hereby established. 269 Directors not to take IdHiw. Hooka and M I'Diints to be open for inspt'ctioii. Further issites of policius prohibited after ctipital ex- iwiicled. Proaident and di- rectors liable fur looses. Wtien enmpan.V may Iw dissolved Ifith sec. revised Iiiw3 not to extend to company. 270 PRIVATE AND LOCAL ACTS II 2Wm.4.chap.60 AX ACT TO INCORPORATE SUNDRY PERSONS BY TDF NAMK ..r ''THE PRESIDENT, DIRECTORS AND COMPANY o" THE BANK OF NOVA SCOTIA." -^^'J-aim ui THE BANK. ■Passed SOtli March, 1832. Preamble. Shareholders uni- A ^Z^JJ f establishment of a public bank at Halifax will be fhe imertrnf T"' '" *^^\^"*i ««"^"^erce, and otherwise adlce of bnlp^f 1 ^' P'^"^'"'"' ^^ ^"^'■^^'^sing the circulating medium menrof t I ^"^ P^«'"°t^»g '^^ore extensive and beneficialemn ley And\vL '"',' ^''^^ '"^"'^^3^ «f ^" ^'I'^sses of its inhabitant ™ e ofT '''''"* ?''''"^ ^^"^'« "^^««i''^^^'l themselves for the Kr;^.;^'n^rs:mr^'"'^"' '^^^ ^^^^^ ^^^^^^^^^ ^- -- urrrZ",^^ elJr John ICf Af t'"' i?^*!'* ]T^"'^°' ^'^^^•««"' ^^"'^''ew Bel- »a,d corporation hereby established, ami U^strit exeemo^ aclmimstrators and assigns, shall be, and they are hereby uSS a company and declared to be one boily politic and wwate bv -LIU Yd ocona, and by that name shall have surpp««i"nn ..n,i „ ^ mon seal, and by that name shall and m^ sue and be ued Zi StoCfS' «*\---^q-ty' -d\e abTeanrS^t houses kndsten'r'f'l'^ ^'r' '''^'''^ *'^^^' P«««^«« '^"S enjoy" nouses, lands tenements, hereditaments and rents, in fee simoleor otherwise, and also goods and chatties, and all other thir s real personal or mixt, and also to give, grant, sell, let aLi.rfor'c—' t.Tl '! .T^ P"'* '""''"'^^ '^"^ *« ^^^ ^«d «^ee» e alf other tlS m and about the same, as shall and may be thought necessaTv or Tro per for the benefit and advantage of the said co?porS 7nd £'" hat they the said president, directors and compaSmll f om t me to time, and at all times during the continuance of tl is act anTof the said corporation, have full power, authority and hceC to CtS^ necessary for he rule and good government of the said corpora- orreTu7n^ntlT^^^'■^'T^^^^ '^« "«* contraSSo^r sist"nf ^.n?rt^^'' J"'"- ^^'' ""^ *^^ «^^^ corporation shall con- sist of gold and silver coins, or provincial treasury notes to thr amount in the first instance, and at the commencemeS' Ve sa^ corporation, of one hundred thousand nonnd« f. K. i;?.^ !f f^ , t«o tiiousana shares ofliitj pounda each, aad'thatli^prcent! Their powers. Stock of coruora- tion. OF NOVA-SCOTIA. ^1 'HE NAAfE OP or THE BAXK alifax will be TWise advance lating medium jficial employ- es inhabitants, elves for the ied for an act Andrew Bel- am Johnston, man, Joseph arles Roche, , George In- erson or per- shares in the ra, executors, y united into :orporate, by ■ the bank of and a com- ' sued, plead I capable in 3 and enjoy, 'ee simple or hings, real, n or convey, other things isary or pro- i : and also, II from time t, and of the 3 constitute, '• be thought id corpora- ntradictory 3r of those I shall con- )tes, to the of the said iviucd into ' per cent. or one half part of the stock which shall be subscribed for, shall bo paid on or before the first day of Juno next, and that the remain- ing half part of such stock so subscribed shall be paid at such time or times after the said first payment, as shall be agreed on and ap- pointed by the directors of the said bank for that purpose, forty days' previous notice being first given in the gazette and at least two other newspapers published in Halifax, of the time and place appointed for the payment of such second or future instalments ; provided that no second or other future instalment shall be requi- red to be paid until at least forty days after the payment of the said first instalment of fifty per cent : provided also, that if the whole capital or joint stock of one hundred thousand pounds shall not be subscribed for before the said first day of June next, that it shall and may be lawful for the shareholders of the said bank, in any bye-law passed under the authority of this act, for the time being, to make such orders, rules and regulations for the payment of any stock which shall be subscribed for after that period, or for any part thereof, or instalment thereon, and also all other rules, orders and regulations, respecting the shareholders subscribing af- ter the said first day of June next, as shall be just, reasonable and proper, for putting such shareholders so subsequently subscribing, on a fair and e(iual footing Avith the shareholders who shall have subscribed for any stock before the said first day of June next. 3. If any shareholder shall neglect or refuse to pay all or any part of the share or shares subscribed by him and payable as herein directed, it shall and may be lawful for the directors of the said bank for the time being, forthwith, after such neglect or refusal, to sell and dispose of the share or shares, in the payment of which such default shall be made, to the best advantage ; and the said di- rectors shall thereupon, out of the monies arising from the sale thereof, pay over to such shareholder the amount actually paid in by him on such share or shares, deducting first therefrom ten per cent, on the amount of his said share or shares to ])e retained by the said bank, in lieu of all expenses incurred by such default : provided always, that if any loss shall arise on the sale of such share or shares no greater sum shall be paid to the said shareholder than that at which such share or shares shall be so sold, deducting first therefrom ten per cent, as aforesaid. 4. Whenever the business of the said bank shall be thought to ^J^^j^.^li;^*' "^ ^ require a further and additional amount of its capital or joint stock, it shall and may be lawful for the said shareholders, at any general or special meeting to be called for that purpose, and 'if Avhich due notice of not less than thirty days shall be first given in at least the royal gazette, and two other newspapers, published in the town of Halifax, to increase the said capital or joint stock of the said bank, by the further sum of one hundred tiiousand pounds, making the said capital or jo«nt stock in the whole with such addition of the amount of two hundred thousand p unds ai'd no more • and which said additional capital or joint stock may be made and added, either Ni):lucl (ir rufusal of sliurclioldei'sto pay ill amount of thfii- dliuru!). 272 PRIVATE AND LOCAL ACTS By additiouttl shared. Additional shares 111 be sold at auc- tion. Time of pHymunt of additional shares. Default of pay- ment of additional shares. Corporation hold laud, ki:. may Proviso. in oue gross amount and at one time, or at two or more distinct and separate times and periods, and in such amounts severally as shall be resolved and agreed upon at any separate and distinct mee- tings of the shareholders as aforesaid, and all which said additional capital or joint stock shall also be divided into shares of fifty pounds each, and paid in gold pr silver coins, or provincial treasury notes, u. All the said additional shares to be so made and added to the said capital or joint stock of the said bank, shall be sold and dis- posed of at public auction, to the highest bidder and bidders, at such time or times, place or places, and on such terms as the directors of the said bank for the time being shall appoint and direct, and of which said sale or sales, and of the said time and place thereof, public notice shall be first given in at least the gazette and two other newspapers published in the town of Halifax, for at least thirty days previous to such sales, and that the said shares shall not be sold in lots of more than five shares each. 6. The said additional shares, together with any advance or premium at which they may be respectively sold, shall be paid in- to the said bank within thirty days next after such sale, and the whole amount of such advance or premium, if any, first deducting thereout the charges of such sale, shall be divided in equal propor- tion to and among all the shares in the capital or joint stock of the said bank, as well the additional as the original shares, and such dividend of the said advance or premium, if any, shall be declared and paid by the said directors at the next semi-annual dividend, after the payment into the said bank of the purchase money of the said additional shares. 7. In case of default of payment of any of the said shares, and the advance or premium at which they may have been sold, within the said time so fixed for the payment thereof, it shall and may be lawful for the directors of the said bank for the time being, forth- Avith to sell and dispose of the said shares, in the payment of which default shall be so made at their discretion, to the best advantage, and payment thereof shall be immediately made, and any advance or premium thereon shall be divided in the manner before men- tioned. 8. The said corporation shall have full power and authority to take, receive, hold, possess and enjoy in fee simple, any lands, te- nements and real estates to any amount not exceeding five thou- sand pounds, provided nevertheless that nothing herein contained shall prevent or restrain the said corporation from taking or hol- ding real estate to any amount whatsoever under judgment or by mortgage recovered or taken as collateral security for the payment of any sum or sums of money advanced by or for debts due to the said corporation, provided further that the said corporation ehall on no account lend money upon mortgage upon lands or other fixed property, nor upon the security of any stock in the bank, unless by way of additional security for debta contracted with the said corpo- ration in the course of its dealing. OF NOVA-SCOTIA. 273 more distinct ts severally as d distinct mee- said additional of fifty pounds treasury notes, id added to the I sold and dis- idders, at such i the directors ad direct, and . place thereof, izette and two <, for at least d shares shall ly advance or all be paid in- sale, and the Brst deducting equal propor- tit stock of the ires, and such kU be declared nual dividend, ) money of the lid shares, and in sold, within II and may be I being, forth- ment of which est advantage, I any advance • before men- d authority to any lands, te- ing five thou- rein contained taking or hol- 3gment or by ' the payment )ts due to the ation Ehall on r other fixed ,nk, unless by le said coroo- 9. After the passing of this act, whenever one thousand shares Oj^^J"'"""" "' shall have been subscribed of the said capital stock, and ten per cent, on the amount of such subscription have been paid in, l)cf(jre which no one shall have a right to vote for any purpose, a trenornl meeting of the members and stockholders of the said corporation, or the major part of them, shall take place by notice in one or more of the public newspapers ten days previous to such meeting, for the purpose of organizing the said bank, and of making, ordain- ing and establishing such bye-laws, ordinances and regulations for the good management of the affairs of the said corporation as the members and stockholders of the said corporation shall deem neces- sary ; and also for the purpose of choosing thirteen directors, being stockholders and members of the said corporation, under and in n,oireor,iiiwtor. pursuance of the rules and regulations hereinafter made and provi- '"" ''"'"' ded, which directors so chosen shall choose out of their number a. president, and shall serve until the first annual meeting for choice of directors, and shall have full power and authority to manage the concerns of the said corporation, and shall commence the opera- tions of the said bank— subject nevertheless to the rules and regu- lations hereinafter made and provided ; at which general meeting the members and stockholders of the said corporation, or the major part of them, shall determine the mode of transferring and dispo- sing of the stock and profits thereof, which being entered on the books of the said corporation shall be binding upon the said stock- holders, their successors and assigns, until altered at any other ge- neral meeting of the said stockholders. 10. There shall be a general meeting of the stockholders and members of the said corporation, to be annually holden on the first Wednesday in JMarch, in each and every year, at Halifax ; at which annual meeting there shall be chosen by a majority of the said stockholders and members of the said corporation thirteen directors, who shall annually choose one out of their number aa president, and which president and directors shall continue in office for one year, or until others are chosen in their room: in the choice of which directors, the stockholders and members of the said corporation shall vote according to the rule hereinafter mentioned: provided always, that seven of the directors in office shall be re- elected at such annual meeting for the next succeeding twelve months, of which the then president shall always be one. 11. The direc^o'n for the time being shall have power to ap- point such officer" i .f-v.iary for executing the business of the said corporation, and &b;i^' ;iUow them such compensation for their re- spective services ts c-: the directors shall appear reasonable and proper; all ^rliich, together with the expenses of buildings, house rent and all other contingencies, shall be defrayed out of the funds of the corporation ; and the said directors shall likewise exercise such Other powers and authorities for the well-regulating the 85 Aniiwfil meeting or shareholders lor choice (jf tlirec- Proviso. Aiipoiiitment of olBcerrt, clcrki, \c. ol bank 274 Seven ration who is a partner or member of, or a director ilT^i? . '' ""'"^ ^/bm this province, or a director of any other bank whatsoever And if any director of the said corporation shall ^hile he IS in office, cease to hold twenty shares in the said stock shall become a partner or member of, or director in! m other S± SS «"^V'^«''*«'- f the said corporation shalf fonh- Tb f T ^V^ ''r *° ^« ^ ^^'"^^^^ and another director shall be chosen m his stead as hereinafter directed 15. Every cashier and clerk of the said corporation, before he enters upon the duties of his office, shall give bonds, with two or more sureties, to be approved by the said directors, haT s to sav every cashier m a sum not less than ten thousand pounds ^iE c^ondition for his good and faithful behaviour, and every cSk with the hke condition and sureties, in such sum as the diWors'sTall deem adequate to the trust reposed in him. ■ fi J!' ^^^ "''""^^'" °^ ''''^^^ ''■^'^h each stockholder shall be enti- tied to on every occasion, when, in conformity to the provisions of his ac , the votes of the stockholders are toV givenS be ^n the fo lowing proportion, that is to say : for one share and not more than two, one vote; for every two shares above two and not exceeding twelve, one vote, making six votes for twelve shares lor every three shares above twelve, md not exceeding tWrty one vote, making twelve votes for thirty shares ; and for eS fi^e shares above thirty shares one vote: provided that the number of tISed to have ' ^''"*''* *^'* any stockholder shall be en- 17. All stockholders resident within this province or elsewhere may vote by proxy, provided that such proxy be a stc^Sr and St tSiTo totr ""'T. r^'fy'''"^^^ constituent or'con. ed by the bye-laws 3titute a board for tit shall always be smporary absence, )ne of their board ch chairman shall re being an equal before them, the ate. try or emolument smber,'. of the said e president as to 5 to be a director, ; and owning not said corporation ; 3 to be a director V of, or a director tor of any other corporation shall, in the said stock tor in, any other ition shall forth- another director ration, before he tids, with two or 3, that is to say, I pounds, with a very clerk, with 3 directors shall er shall be enti- he provisions of ven, shall be in share and not above two and r twelve shares ; ling thirty, one I for every five ■ the number of ler shall be en- ce or elsewhere ockholder^ and tituent or con- lall hold more OF NOVA-SCOTIA. 18. No member of said corporation during one month, to be accounted from and after the passing of this act, shall be enti- tled to hold or subscribe for more than twenty shares of the said capital stock ; that if the whole of the said capital stock shall not have been subscribed within one month, so to be accounted as aforesaid, that then, and in such case, it shall be lawful for any stockholders to increase his, her or their subscription to such amount as they shall think proper. 19. The directors be, and they are hereby autho) 'zed to fill up any vacancy that shall be occasioned in the oflSce of president, or in the board of directors, by the death, removal, resignation or ab- sence from the province for three months, or any incapacity of the said president, or any of its members, and the person so chosen by the said directors shall serve until the next succeeding annual mee- ting of the stockholders. 20. Notwithstanding any real estate which the said corporation may at any time own or possess, the shares and interest of the stockholders of and in the stock, funds, property and estate, of the said corporation shall be, and shall be held, deemed and taken to be, personal property, to all intents and purposes whatsoever. 21. As soon as the sum of fifty thousand pounds shall have been actually paid in on account of the subscriptions to the said stock, notice thereof shall be given in the royal gazette, and two other newspapers, published in Halifax, and the directors may commence with the operations and business of the bank of the said corporation : provided always, that no bank bills or bank notes shall be issued or put in circulation, nor any bill or note discounted at the said bank, until the said sum of fifty thousand pounds shall be actually paid in and received on account of the subscriptions, to the capital stock of the said bank. 22. The shares or capital stock shall be assignable and trans- ferable according to the rules and regulations that may be esta- blished in that behalf, but no assignment or transfer shall be valid or effectual unless such assignment or transfer shall be entered and registered in a book to be kapt by ihe directors for that purpose, nor until such person or persons so making the same shall pre- viously discharge all debts actually due and payable to the said corporation — that in no case shall any fractional part of a share, or other than a complete share or shares, be assignable or transferable — that whenever any stockholder shall transfer in manner aforesaid all his stock or shares in the said bank, or the same shall be trans- ferred by act of law to any person or persons whatever, such stock- holder shall cease to be a member of the said corporation. 28. The said corporation may conduct the business of banking in all its branches, except as is or may be otherwise prohibited by this act, and may lend money on cash accounts with personal secu- rity only, and may generally deal in bills of exchange, promissory notes, gold or silver coin or bullion, or in other the current monies of this proyinQe, or in the sale of goods really and truly pledged 275 s>liiiri!ii Mot taken in ouv niQuth. •11 Vacancies in di- rection. When hank may commence busi- ness. Shares transfera- ble Dealiiigi of corpo ration. 276 Joint !il(Kk liable ti> flehts of furpo- ration. Loss liy misma- uantmciit of Ui- icctois. Li:il)iiity of sliiir* Jiolilcrs al expiia- tion of thia act. Form of l)anl{ uo(«s, &c. limitation of issue of notes. I PBIVATE AND LOCAL ACTS for money lent and not redeemed in due time, or in the sale of stock pledged for money lent and not so redeemed-.vhieh said froods and stock so pledged shall be sold by the said corporation at pubhc sale t on , and f upon such sale of goods or stock there shall be a sur- plus alter deducting the money lent and interest, together 'vith the 24. The joint stock or property of the said corporation shall ition' 3rf '" ^'^ '''''' ""^ ^"^^^---ts of^tl'TaM cor. iings AMth the said corporation shall on any pretence whatsoever have recourse aga nst the separate property of\n™cnto^^^ ent rt". "' *'" -i^l corporation', o'r ajiinst tlfeirperson Ix- cept n the cases specified m this act, further than may be neces- ;S!on'''"'' ' '"'^^"^ application of the fumls of tlfe saiS cor- 25. In case any loss or deficiency of the capital stock of the said corporation shal occur from the Official mismanagement of the tlrr '^y!'*' '""^ ^'''^' '^' P^^^*^"^ ^^^'" "'•^ ^tockhoWers a ho caZcklrt T'^T^TT^!"''^^^ ^" '^'^' P"^-^t« '^"^ ^"dividua? Tver nt 'in nn '^''''''A ^"^^' ^' P^y *^« «'^"'«' P'-^^Jd^d how- evei that in no case shall any one stockholder be 1 able to pay a sum exceeding the amount of the stock actually then held bySm HI addition to the stock so held by him. ^ tbifnVf P?/'"^'^^''^ «f shares or stock in the said corporation when 1.0 1 r 'T\" '' ^' '.''^''^''^ ^h'-^" h« chargeable in their pri- vate and individual capacities, and shall be holden for the payment "sueTb?tr:-f '" ''"'^' ''"^ "".^ "^^^^ '•^■^"^h may hSeen issued by the said corporation and which may then remain unpaid but only according to and in proportion to the share and inSt its S:?P^^^'r^^ ^^^ - *h« -Pital stock of tS corporation at the time of such expiration or repeal tho'tPrrn, nf7fr^?'^.^\"''.^' u "' ^'"'^ "''*' ""' ^^^^^ instrument by hehllnhl fn .? "^ ''■^'''' ''^ V"'^^ corporation may be charged or hel 1 able for the payment of money, shall specially declare in sucl. orm a. the board of directors sLll prescribe tlfat pi;! ^ sliall be made ou of the joint fund of the said corporation ^ -«. ihe total amount of the debts which the said corporation trac Avhatsoever, exclusive of the sum due on account of deposits in b tb Tf. '!f^' '^' '''T' «f *^« ^^P'^^1 «t-«k actu l7y 3 n by the stockholders ; nor shall there be due to the said corpora- t on at any one tune more than treble the amount of the capTtal stock paid in as aforesaid: and in case of any excess, the directors Pef shatT ] IT^'^'i ^"' ™^"^°^"^^"^ *he same shaU ha" pen shall be liable for such excess in their individual and private cap.-ic,ties : provided always that the lands, tenements, goods Ind chattels of the said cornorntinn «bali iko ^^ r,^^]- f-- '-°r OF NOVA-SCOTIA. »n the sale of stock ih said goods and ion at public sale Tiod for redemp- •e shall be a sur- ogether with the the proprietors corporation shall 3 of the said cor- >r may have deu- ence whatsoever y present or fu- leir persons, ex- n may be neces- of the said cor- ;al stock of the tiagement of the 3kholders at the } and individual provided how- liable to pay a en held by him )ri)oration when ble in their pri- or the payment may have been remain unpaid, re and interest >ck of the said instrument by '■ be charged or illy declare in that payment ration. lid corporation , or other con- nt of deposits, i actually paid said corpora- of the capital . the directors me shall hap- i\ and private ts, goods and 29. The directors '■' . .1 make half-yearly dividends of all the profits, rents, premiums jwd interest of the said corporation, pay- able at such time and place as the directors shall appoint, of which they shall give thirty days' previous notice in the royal gazette and two other newspapers published in the town of Halifax, provided that the said directors shall not be compelled to make or declare any dividend at an earlier period than one year from and after the passing of this act, unless they shall think it expedient and advisa- ble to make and declare a dividend at an earlier period. 30. The books, papers, correspondence and funds of the said corporation shall at all times be subject to the inspection of the di- rectors ; but no stockholder, not a director, shall inspect any books or the account of any individual with the said corporation. 31. All the bills or notes issued by the said corporation shall be signed by the president for the time being, and countersigned and attested by the cashier, and shall be printed and made in stereotype plates ; and all bills or notes so signed and countersigned shall bo binding on the said corporation, although not under their seal, which bills or notes shall be payable by the said corporation in gold or silver on demand : provided always that nothing herein contained shall extend or be construed to extend to authorize the said corporation to issue or put in circulation any bills or notes for a less sum than twenty-six shillings. 32. In case the officers of the said corporation in the usual banking hours at the said bank shall refuse or delay payment in gold or silver of any note or bill of the said corporation there pre- sented for payment, the said corporation shall be subject to pay on the amount of such note or bill to the holder thereof twelve per cent, interest per annum from the day of such refusal to the time of payment. 33. The said corporation shall be liable to pay to any bona fide holder the original amount of any note of the said bank M'hich shall have been counterfeited or altered in course of its circulation to a larger amount, notwithstanding such alteration. 34. The said bank shall be kept and established at Halifiix aforesaid, or at such other place as the board of dirctors may think it necessary to remove the said bank to, on account of any great emergency, for the security thereof. 35. The directors shall at the general meeting to be held on the first Wednesday in March in every year, lay before the stockhol- ders, for their information, an exact and particular statement of the amount of debts du^^ to and by the said corporation, the amount of bank notes then in cnlation, the amount of gold and silver, and also of provincial treasury notes on hand, specifying the amount of each, and the amount of such debts as are. in their opinion, bad or doubtful ; also the surplus or profit, if any remaining after deduc- tion of losses and provisions for dividends, — which statement shall be signed by the directors, and attesto*^ ')y the cashier, and a dupli- cate statemeut so signed and attested, slvdl be transmitted to the DlvldomlK to b« made liuK-yearly. nook.i, kc, of Imiik liuhk' to io- epectlou of direc- tors. Notes by whom to bu iil|{D«d. Rufusing to |iay noti.-n in gold or Bilvuri Counterfeited UOtt'3. Bank to l>« kepi in Ilulifax, but iniij- be removed. Statement of con ecrna to be sub- mitted to annual meeting. 278 Bunk concerns may be Invusti- Kttted by order of governor, 4c. Capital of corpo- ration if dimlnlsli- ed to one half. ! Fifty shTcIioI- rttrs or seven di- rectors may call general meetings. Dissolution of cor- poration. PRTVATa AND LOCAL ACTS secretary of the province, for the information of his excellency the Jieutenant-governor, or commander in chief for the time bcine- provided always, that the rendering of such statement shall not ex- tend to ^ve any right to the stockholders, not being directors to inspect the account of any in-lividual or individuals with the said corporation. 36. Any person or persons nominated and appointed by the lieu- tenant-governor, or commander in chief for the time being, or any jomt committee hereafter to be appointed by the honorable the le- gislative council and the house of assembly, for the purpose of ex- amining into the proceedings of the said corporation, shall at any time, either during the session or prorogation of the general assem- bly, have free access to all the books and vaults of the same— pro- vided that no person shall have such access who is a member or partner m, or director of any other bank in the province, or a di- rector of any other bank whatsoever, and that such person or com- mittee shall not be authorized to inspect or investigate the account ot any individual or individuals with the said corporation ; and pro- vided further, that no person shall be on the said joint committee who is a member in or director of the said corporation. 37. If upon such examination or upon the exhibition of the yearly account of ' - debts due to and from the said corporation, and of the proper ' v ..d effects thereof, it shall appear to the satis- faction ot the le..<..i..vu5e of this province, if then in session, or to the lieutenar.i.rr,>v4.rn..i , if the legislature be not in session, that the capital of tiii?w>d corporation has been diminished by losses and bad debts, to one half of the amount of the capital or sum sub- scribed, that then the said corporation shall be dissolved, if the le- gislature fee m session, by an act of the legislature of this province, to be forthwith passed for that purpose, or if the legislature be not in session, by proclamation to be forthwith issued by the lieutenant governor of this province, for that purpose. 38. Any number of the stockholders not less than fifty, who to- gether, shall be proprietors of five hundred shares, shall have power at any time, by themselves or their proxies, to call a general meet- ing ot the stockholders, for purposes relating to the business of the said corporation, giving at least thirty days previous notice in the royal gazette and two other newspapers, printed and published m Malitax, and specifying in such notice the time and place of such meeting, with the objects thereof, and the directors, or any seven ot them, shall have the like power at any time, upon observing the like tormahties, to call a general meeting as aforesaid. 39. On any dissolution of the said corporation immediate and eftectual measures shall ue taken by the directors then in oflSce for closing all the concerns of the said corporation, and for dividing the capital and profits which may remain, among the stockholders in proportion to their respective interests : provided always, that not- withstanding such dissolution, it shall and may be lawful to use the said corporate name, style and capacity, for the nm-nnse />f a.,;*- OF N0\A-8C0frA. »79 excellency the ' time Ijoing: ; shall not ex- directors, to with the said id by the lieu- being, or any arable the le- irpose of ex- shall at any nier&l assem- ) same — pro- , member or ice, or a di- rson or com- the account )n ; and pro- it committee )ition of the corporation, to the satis- jssion, or to session, that id by losses or sum sub- d, if the le- bis province, iture be not e lieutenant rty, who, to- have power neral raeet- iness of the •tice in the ublished in ice of such any seven serving the lediate and a oflSce, for ividing the holders, in I, that not- 1 to use the 5 of suits, for the final settlement and liquidation of the affairs and accounts of the said corporation, and for the sale and disposition of the estate, real, personal and mixed, thereto belonging, but not for any pur- pose, or in any other manner wiiatsoever, nor for a periotl excee- ding four ycirs after such dissolution ; and that the directors in ofiice at the happening thereof, shall, during the said four years, if necessary, continue in office, and shall be charged with, and shall take effectual measures for closing the concerns of tht corporation, and dividing the remaining capital and profits • nng the stockhol- ders, according to their respective interests t) 40. This act shnll continue md be in fo ir fifteen years, continuation of and from thence to ' he end of the then next si jsion of the general '**^'" assembly. AN ACT TO AMEND THE ACT TO INCORPORATE SUNDRY PERSONS BY 7 Wra. 4, c»p. T3. THE NAME OF THE PRESIDENT, DIRECTORS AND COMPANY OF THE BANK OF NOVA -SCOTIA. PMsed 21at April, 1837. Whereas by the fourteenth section of the a«t pa.ssed in the Pr*""'''"'? second year of his present majesty's reign, entitled, an act to in- corporate sundry persons by the name of the president, directors and company of the bank of Nova 8cotia — it is enacted, that no person shall be eligible as, or continue to be, a director of the said corporation who is a partner or member of, or director in, any other bank within this province, or a director of any other bank whatsoever — and it is expedient to remove such restriction : 1. Be it enacted, ^c, That from and after the passing of this Dirsctors of bank act, it shall and may be lawful, during the continuance of this act, may be farmer* for the present or future directors of the bank of Nova- Scotia, or estabi'r.toen'''"* any of them, to be eligible as, and continue to be directors of such corporation, notwithstanding such directors may be partners or members of, but not if they shall at any time be also directors of, any other bank within this province, or of any other bank whatso- ever. 2. This act shall continue and be in force for three years, and from thence to the end of the then next session of the general assembly. Continuation of act. m.. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I Hi _ ■ 2.5 2.2 1.8 11-25 iu iZ 1.6 150mm

^ ^\ %. ''b :\' ^J'^. '^\ 5'^'^ '^-' S80 PRIVATE AND LOCAL ACTS 10 Vic, chap. 07. AN ACT TO CONTINUE AND ALTER THE ACT TO INCORPORATE THE BANK OP NOVA SCOTIA, AND THE ACT IN AMENDMENT THEREOF. Act of incorpora- tion of bank of N. Bcotia continued. Retnmg of state of banic to ))« made twice a year. Fagged ITth March, 1847. 1. Be it enacted, ^'c, That the act passed in the second year of the reign of his late majesty king William the fourth, entitled, an act to incorporate sundry persons by the name of the president, directors, and company of the bank of Nova Scotia, except as al- tered or amended by the act hereinafter mentioned, or by this act ; and also the act passed in the seventh year of the reign of his said late majesty, entitled, an act to amend the act to incorporate sun- dry persons by the name of the president, directors, and company of the bank of Nova Scotia, shall be continued, and the said acts, and every matter, clause and thing therein contained, except as be- fore excepted, are hereby continued for ten years, and thence to the end of the then next session of the general assembly. 2. The cashier of the said bank of Nova Scotia shall, tvfice in every year, that is to say, on the thirty-first day of January and thirty-first day of July, make a return of the state of such bank as it existed at the closing of the books on those days respectively, and he shall transmit the same, as soon as may be, not exceeding fifteen days thereafter, to the provincial secretary, for the purpose of being laid before the legislature at its next session — which re- turns respectively shall specify the amount then due from the bank, designating in distinct columns the several particulars included therein, and shall also specify the resources of the bank, designa- ting in distinct columns the several particulars included therein, and the said returns shall be in substance as follows : I r i 1 n a a s: e: tl OP NOVA-SCOTIA. State of the bank of Nova Scotia, on the 31s^ day of ■ A. D., 18 — . ^ -^ 281 DUE FROM THE HANK. RESOURCES OF THE BANK. ■~ 1.2 ^ w :e f 33j 1 B CO S •2 3 », II 5" •S I \pkl sS £d ■Si- ■2 SI = I >i S ^3|ga S w ( = 1 -'? > O' V be . - §1 I'iHo 2^ ll sS •< Which returns shall be signed by the cashier of such bank who shall make oath before some justice of the peace to the Tuth of every such return according to his best knowledge and be ief Id Ztt^ f Tr*r ?^.T^ ^"'^ «^^" ««^t>fy *"d make mSi tha the books of the bank indicate the state of fa^tsso returned by the 3 rri*^'* ^\^^^"" ^"fi'^«"''« >" the truth of Jd refu n sa" d Lk '' ''^'' ''*"'"' ^^'^^ ^^^^^^^ ^ ••^^"•r^d from the appear and plead to such suit. ^^ 1" ^".! ""'"^'^ of stockholders, not less than twenty, who to- gether, shall be proprietors of two hundred and fifty shares in'll^e '*"' «-'■" said bank, shall Ue power at any time, by themselves or their '-'& rTtIn!; IT "•ff'f °^-^^*'"S °f the 'stockholders for purjSs s rela mg to the said bank giving at least six weeks notice therif ma least two of the public newspapers published in the city of Hal fax, and specifying in such noticVthe time and plac. of Tuch meeting, with the objects thereof f v.. 01 sucix and in cLtlaSn^ 3"*.°^'" *^' "°*'' "^*^« ^'^ ^'^"'^' '^^"e^J Aot on„oo.po.a ana m circulation, shall at any one time exceed the amount fixwl """ ' and determined by the act of incorporation of the saW bank the '- said act of incorporation shall cease and determine from the time when such excessive issue shall have accrued. extend to dtef tS^Lf'"*"-'""^ '^'^" ^'^*«"^' ^'^ "^ ^^"^t'-ued to a. n„t . au. n« ««.. , m tne loi.rt« year of the reign ol his late majesty StnckliolJei'!! may '■all Beiieral ■"•"litinn— notice tioii to oettse iu case uf exces9i> e 282 PRIVATE AND LOCAL ACT^ To lit- In force ten years. king William the fourth, entitled, an act concerning ceriain noten purporting to be bank notes, for restraining the circulation thereof, and for other purposes ; but all ihe provisions of such act shall re- main and continue applicable to the said bank of Nova Scotia in the same manner as heretofore. 7. This act shall continue and be in force for ten years, and thence to the end of the then next session of the general assembly. 14 Vir , clmp. 29. AN ACT IN FURTHER AMENDMENT OP THE ACTS INCORPORATING THE HANK OF NOVA-SCOTIA. Number of direc tiir« III lie t'liiiseii ut Hiiiiual iiit'f tinifs in|ivnRa- tioii til ilii'ectur:*. Duration of art. Passetl 3l9t March, 1851. 1. Be it tnarted, ^'c. — At every annual meeting of the pres. dent, directors and company of the bank of Nova-Scotia there shall be chosen by the stock^iolders and members of the corporation in the manner prescribed by the act incorporating the company pas- sed in the second year of the reign of William the fourth, nine di- rectors instead of thirteen, and six instead of seven ot the directors in oifice shall be re-elected, of whom the then president shall always be one ; and not less than five instead of seven directors shall constitute a board for the transaction of business, of whom the president shall always be one. except in the case of his sickness or temporary absence, in which case the directors pr-^ t may choose one of the board as chairman. 2. The company yearly, at any annual or genevui .;.eeting, may, at its discretion, vote out of the profits of the businer such money as they may deem adequate as a compensation for the ser- vices of the directors, to be paid in such manner aa may be pre- scribed by resolution of the company. 8. This at,t shall continue in force six years, and thence to the end of the then next session of the general assembly. M Geo. 3, (liap. AN ACT TO FACILITATE THfi PASSAGE ACROSS THE HARBOR OF HALIFAX. Preamble. Whereas the using one or more steamboats, for the purpose of conveying passengers, horses, cattle and goods, across the harbor of Halifax would greatly facilitate the communication of the settle- OP NOVA-SCOTIA. 283 Slfriinlxjut com- meiity in the eaatein parts of the province with the town of Halifax • and whereas, Charles Morris, Michmjl Wallace, Lawrence Harts- horne, Thomas Bogga and others, have proposed to raise, by private subscription, a sufficient sum of money for the purpose of procu- ring one or more steamboats, to be employed in transporting pas- sengers, horses, cattle and goods, across the said huvbor. provideii the sole and exclusive right of using and employing the said boats upon the said harbor, shall be secured to the said Cliarles INforris, Michael Wallace, Lawrence Hartshorne, Thomas Boggs and others' for the term of twenty-five years : ' 1. BcU enacted, dr. That it shall and may be lawful for the governor, lieutenant-governor or commander in chief for the time being, by letters patent, under the great seal of this province, to in- corporate the said Charles Morris, Michael Wallace, Lawrence Harts- horne, Thomas Boggs and others, and all and every other person or persons who, in their own right, or as executors, administrators or assigns of the original proprietors, at any time or times hereafter, shall have, and be entitled to, any part, share or interest, in the said steam boat or boats, so long as they shall respectively have any such part, share or interest, therein, to be one body, politic and corporate in deed and in name, by the name oi the Halifax steam boat company, and by that name to have a succession, and to sue and be sued, to continue for the term of twenty-five years, and to have a common seal, with power from time to time to elect and choose a president and oth' r officers as shall be by the said letters patent directed. 2. If the said Charles Morris, Michael Wallace, Lawrence iixeh>»,vc ,,rivj- Hartshorne, Thomas Boggs and others, shall within three years ' ' from the time of passing this ac*,, furnish one good and sufficient steam boat, capable of containing and carrying at one time twenty passengers, and six horses, oxen or cows, and shall use and employ the said boat at alt convenient times for the purpose of transportin<^ and carrying passengers, horses or cattle across the said harbor o'f Halifax, it shall not be lawful for any other person or persons to use or employ any steam boat in or upon the said harbor for the aforesaid purposes during the aforesaid term of twenty-five years. 3. The sole right of using steam boats for the purposes afore- said, hereby secured to tho said Charles Morris, Michael W^allaco, Lawrence Hartphorne, Thomas Boggs and others, shall continue for the term of twenty-five years and no longer : provided always, I'roviao. that if the said Charles Morris, Michael Wallace, Lawrence Harts- horne, Thomas Boggs and others shall not procure at least one good and sufficient steam boat of the above description within the time before limited, or if they shall discontinue the use of the said boat and not employ it for the before mentioned purposes, for the space of three months unless prevented bv unavoidable accidents, that then the said sole right of using such boats upon the harbor of Halifax shall cease and determine : and provided always that F«rry boat.. nothing herein contained shall prevent any person from keeping and using ferry boats as now practiced. It'KC Hllliwt'll tf) sK'iunboiit com- l>any. Term of txclusive piivili'gf. 384 PRIVATE AND LOCAL ACTS T""- '' "'*'' '^N ACT IN ADDITION TO AND AMENDMENT OF AN Af'T PASSED IN TILE FIFTY-FIFTH YEAR OF HIS MAJESTY's REIGN, ENTITLED, AN ACT TO FACILITATE THE PASSAGE ACROSS THE HARBOR OF HALIFAX. freiunlile. Suhstitiite for i-tvamliuiit. ExcIhmvc privr- legc HllriweU coll- 4ii onally. . • Whereas the provisions of the before mentioned act relate to steam boats only; and whereas it is yet uncertain whether steam boats will be more useful than boats, whose machinery is moved bv a different power : "^ 1. Be it therefore enacted, i5-c., That it shall be lawful for the said steam boat company, under and subject to the same con- ditions, provisoes and limitations as in the same act are contained with respect to the steam boat therein mentioned, to furnish and substitute, if they shall deem it expedient, in the lieu and stead of the said steam boat, any other boat of a sufficient size and capacity constructed so as to acquire and receive its motion throueh the water by the force of horses or any other cattle, or of any other Itower whatsoever applied to its wheels, and other machinery • and also to use and employ the last mentioned kind of boat durin'r; the whole or any part of the term of twenty-five y^ars in the said act mentioned. 2. It shall not be lawful for any person or persons other than the said company, to use or employ any boat of the kind and con- struction last mentioned in the transportation of passengers cattle or goods in or ujwn the waters of the said harbor of Halifax du- ring the said tenn of twenty-five years, unless the said company shall within the time limited in the said act for so doing neglect to provide either a steam boat or other boat of the kind above speci- fied, or discontinue to use either of the said kinds of boats during three months at any one time for any other cause than unavoidable acciuentSf 10 Geo. 4, chap. 46. AN ACT RELATING TO THE HALIFAX STEAM BOAT COMPANY. Preamble. Whereas by an act passed iu the fifty-fifth year of his late ma- jesty s reign, entitled, an act to facilitate the passage across the harbor of Halifax, the governor, lieutenant-governor or comman- der m chief for the time being was authorized by letters patent under ihe great seal of the province, to incorporate certain persons namea m the act to be, with then: associates, a body, politic and iX OF NOVA-SCOTIA. | corporate, by the name of the Halifax steam boat compauy, to con- tinue for the term of twenty^five years, with certain rights and privileges in the said act particularly set forth ; and whereas in pursuance thereof letters patent under the great seal of the pro- vince were issued, bearing date the first day of January, in the year of our Lord one thousand eight hundred and seventeen, whereby the associates for the undertaking in the said recited act referred to were incorporated by the name and in the manner therein mentioned, and now hold and enjoy the privileges aforesaid ; and whereas although the said company have hitherto received no returns whatsoever for the large capital invested in the underta- king, the said company have now made arrangements for establish- ing a sufficient steam boat on the said ferry for the transport of passengers, horses, cattle and carriages across the same ; and in- asmuch as the said steam boat will occasion further and large ad- vances, it is deemed reasonable to extend the term of years for which the aforesaid charter was granted : 1. Be It therefore enacted, i^«t'.. That the said Halifax steam boat company, and all the rights, privileges, powers and authorities therein vested, subsisting and being, and now held and enjoyed by the said company under and by virtue of the said in part recited act and of the letters patent aforesaid, shall remain, continue and endure from and after the expiration of the term of twenty-five years mentioned in the said act and letters patent for and during and unto the full end and term of twenty-five years thence next ensuing, and fully to be complete and ended, and in as full and ample a manner and to all intents and purposes as effectually as if the term of fifty years had been originally mentioned in the said act and letters patent. 2. This act shall be of no force or effect unless the said com- pany, within eighteen months from the publication hereof, shall have procured and placed on the said ferry a sufficient steam boat for the accommodation and passage of all persons, cattle and car- riages across the same, and shall, unless prevented by unavoidable accidents, keep and maintain such, or some other sufficient steam boat in operation thereon during the continuance of their said char- ter as extended by this act. 3. During such period the said comnany do and shall be sub- ject and liable to such rules and regulations as the justices assign- ed to keep the peace at Halifax shall ordain and establish with re- spect to the rates and fares demandable in the said ferry, and re- specting the small passage boats kept or to be employed on the said ferry by the said company. 4. If, in consequence of the increasing population of the coun- try or of any other sufficient reason, it shall hereafter be necessary for the accommodation of the public that another boat or boats should be employed for the purposes aforesaid, it shall and may be lawful for the ^vemor, lieutenant-governor or commander in chief from time to time, by and with the advice and consent of his ma- 285 Pnwt'ri anil rights of the corpnrHtlon extended 25 years. Aet to hnve no ef- fcet unless a steHmlxnt be ca- tJihlislied nithin 18 monim. Kegulations to be made hy the jus- tices of Halifiu. If population in- creases lieutenant governor may or- der more boats to be provided. 286 |j •PKIVATB AND LOCAL ACTS purpose aforcl X^clfZ^^^^^^^^^ "^ed for the rcction of the justices in session in tU " ^' "'"^" ?'»? d'" hy the said .^•t' herebVcont S at if'\lT''T "" '^ ^'^^^^^'^ not procure, e,,uin and omnlovra,'h Kn / t 8a>d company shall after such o'rdi shall beXrthen ir«h!,i ^f ^''"'^ ^^ ^^^^"^ any person or persons bdn^'ljlr ^ ^ " r"'' "'"^^ ^^ ''"^^"1 ^r 12 Vi i'ha|i. 4o. Cdiniwiiy subject to "f sesaions to l)C 'Uk'8 AN ACT CONCKRNINU THE HALIFAX 8TKAM BOAT COMPANY. I'assi.l 3Ut March, 1849. during tli rrr/ i£ Jif *^^ ^""f'''^ '^^ bo«t company, be subject and hlLSrsucKlT' 'JT ""^ f^t*'"^'^" ^^^^^o*"' « their general or Carter sTinn^.^w r«"'"i.'«»« «« thejusticesin blish, not only Jtr«Tt J ^^'^^^^^J''^" ordain and esta- thofcrry, andi^sS ^''\^''''' demandable on pmviderf butuffoSh °^^^^^^ ^ "o^ bj law starting ^f their stTamew^ ' ""'"'^' "^ *"?« ^^^ t'°»«8 of ~ - AN .CT TO -OKPO^JA^rE . ,,^^^^ ,,, ANNA POL. ST. AM IsAVIGATlON COMPANY. PasseU 3l8t March. 1851. Halifax and An- 1 fif, ;/ i j t> .«eor.™. ^,„^4 Benjamin ElSocStn/'^u'^'u^^^^^'*^- ^^*^' Jo^n or hereafter C be^me sfe^U '""^ °^' P''^'"^ "« "^^ ^^o bhshed, shall bJ abodv t^t TV^' '^'"P?^ hereby esta- and Annapolis steam na^iS' ^ *^', ^^'^^ ^^ " *^« Halifax Wishing a regular aTeffiSr^r"^^^^^ ^'^'^' P"^P^^ «f e«to- fax and AnnS tou£r„?- f "y""''**''*" ^^^^^n HaU- May hold real o,- rpu^ '^pons, touchmg at intermediate ports. ^t« not exceeding "• -"^ne Corporation mav hold real natein ft^« +1, p.. OF NOVA-SCOTIA. 287 !uro one for the ihe di- lirected ly shall 9 years rful for I equip X)rting d har- NY. Pany, shall 3esin esta- e on law esof 8. The capital stock of the company shall be the sum of eight ohi'}|»J tHowi thousand pounds over and above the value of the real estate, to l)e rJtt.wK)^"" divided into shares of ten pounds each, but the company may, by their bye-laws, increase their capital to twenty thousand pounds. 4. No member of the corporation shall be liable in hia person, or separate estate, for a greater amount in the whole than double the amount of stock held by him, deducting therefrom the amount actually paid to the company on account of such stock, unless bo shall have rendered himself liable for a greater amount by beco- ming surety for the debts of the company. 5. The company shall not go into operation until the whole •J,';',';™|[™';^,^ stock shall have been subscribed, and one (quarter thereof actually xt.« k aii *»\mvr\ paid in on account of the capital stock. ;::i',;.""' "'"""■"■' Mi'iiiIhih lilllllf ftir it(inl>lf tilt* llllliiUlll nftlli'll' "liK'k, cli'diiiihiK what Ii:i4 lit'cii )iaiil tn ctiniiMiiiy niia- itil Fourth section appropriation net. 14 Vic, chap. 1. • GRANT. 4. The sum of five hundred pounds a year, for three years, is hereby granted and placed at the disposal of the governor, to aid the Halifax and Annapolis steam navigation company in their un- dertaking — to be drawn and applied when it shall appear to the satisfaction of the governor in council that the company have kept a steamer, of not less than ninety horse power, employed on the line between Halifax and Bridgetown, touching at Lunenburg, Li- verpool, Shelburne, Yarmouth, Westport, Digby and Annapolis, three times a month, for six months, and twice a month for thre(! months, in each year. The performance of the above conditions to be dispensed with in the winter months, whenever ice or winter storms shall prevent the performance of the service. dinnl to Ilalifiix and Aiiiia|Hin«-. •« »« -i- »f one .£S7ir ''°''' ■^■"' "^'" "<" «--'■■"« 'he value tlic .lebB of the company ^ "' '"•>' """""""e ""■■«/ fof M G*o. 3, chap. IVeuuiblf iDoorpontlon of tndlTldH«l9. « ACT roR TOE EMOImACMEKT OP INIAKD NAVroATION. Tn^n juS, J^^iSlLt? Ve T°ho™%/r '■'f Tooker, James Jenkins, Thomas Parry Thoma^n?„.T^ i"^?"" jumor Nehemiah Paieh, JomiE^'sliZd iL t"'^?''''' Lemuel Crosby John T PMl,,. tu "J™""'™. Janez Landers, communication : ^ ^' ""^ ^^'"'"S ''"'^ establishing such K-Lrr.^^ »V«^K «^<^-, That the said Anthony Landers John Killum, junior, Samuel Marshall, Jacob TedforZ S' ^i£" OF N0VA-8C0I1A. 289 senior, Richard Patton, JJeniamin Pitnmii, Cyrus Purry, Thomas Byrn, William Saunders, Ilenry Saunders, Hugh Conn, David Landers, Thorndike Landers, JoHhua Crosby, Jonathan Trcmain, junior, John VVenman Pyke, Thomas Cuff, Joseph Tooker, Jiimea Jenkins, Thomas Parry, Thomas Dane. .John Trask, junior, Nehemiah Patch, Jonathan Strickhmd, Jabcz Landers, Lcnmel Crosby, John T. Phillips, John Raymond, Thomas Wilson. Miner Huntington, Christopher Strickland, John Patch, John Jenkins, Eliakim Killuin, Nathaniel Saunders, William Crichton. Joseph Norman Bond, James Bond, Richard Fletcher, Nathaniel Allen, Nehemiah Porter, senior, Benjamin Scott, Elcazer Butler, xVinsel Crosby, Nehemiah Porter, junior. Theophilua Crosby, and David Flynt, and their assigns, are and shall hereafter bo' incorporated Ibr the purpose of carrying the object of their association into effect, and shall have power and authority to divide then said capi- tal stock into one hundred equal shares, and annually from year to year, by consent of a majority of the proprietors of the said shares, to increase the said capital stock to any amount not to exceed five thousand pounds, and shall and may, at an annual meeting of said proprietors, by a majority of votes, proceed to choose and appoint i,„ector!i five directors, being proprietors, for the government and conduct of their affairs, pursuant to rules and regulations to be made )»y the major part of said proprietors at their said annual meeting, which said five directors, or the major part of them, shall have power to appoint one clerk and one treasurer for the said proprie- tors, and shall meet together once in every month for the purpose of examining the books and accounts of said clerk and treasurer, and for the purpose of concerting such measures as shall be deein- eil ex[)edient relative to the interest of the proprietors ; and at the expiration of the year for which the said directors shall be appoin- ted, or within ten days after the expiration of the said year, the said directors shall, by public advertisement, notify the proprietors to attend at some convenient pi ^'^ in Yarmouth for the purpose of revising the rules and regulatv nb to be adopted for the goveinnient and conduct of their said affiiirs, and for the purpose of electing directors for the ensuing yeax, at which said meeting the senior directors, late in office, shall preside, and shall cause the account of the said company, fairly stated, and the books and entries of the clerk and treasurer, to be laid before the said proprietors for their inspection. 2. The said directors shall and may have power and authority fowp.- ot duM- to erect one or more locks, dams, wears and water gates, with the '"" necessary appendages, and to cut canals or deepen the water at the places of junction of the said lakes, beginning at the falls at the head of Cape Forchu harbor and ending at Lake George ; and the said locks, dams, wears and water gates, with their nppenda- ,^^5, dams, tc ges, not extending beyond the margin of the solid land at high water mark, as is now situiated, together with the right of way and* a passage over and through the said locks, dams, wears and water 37 • lirk »ud trca- Minr. Mrftingofdiicc- tors McolhiK of pro- Ill iutoi-s. Accounts. 89() PRIVATE AND LOCAL ACTS >[njcit.v'» irtKii or »tori'». Provlio. i ! ?ate8. shall be the sole nnd exclanive property of the said Anthonv .andors, John Killuiii, junior, Samuel Slarshall, Jacob Tedford, .Fohn Killun), sotiior, Richurd Patten, Benjamin Pitman, Cvrus Purry, Tlioiims Byrn, William Saunders, Henrv Saunders, Hugh Conn, Da\id Liuiders, Thorndike liandcrs, Joshua Crosby, Jona- thun Tromiiin. junior, John Wenman Pyke, Thomas Cuft, Joseph Tookor, James Jenkins, Thomas Parry, Thomas Dane, JohnTrask, junior, Xohomiah Patch, Jonathan Strickland, Jabes Landers, Lemuel Crosby. John T. Phillips, John Raymond, Thomas Wilson, Miner Huntington. Christopher Strickland, John Patch, John Jenkins, Eliakim Killum, Nathaniel Saunders, William Crichton, Joseph Nornmn Bond, James Bond, Richard Fletcher. Nathaniel Allen, Nchcmiuli Porter, senior, Benjamin Scott. Eleazer Butler, Ansel Crosby, Nchemiah Porter, junior, Thcophilua Crosby and Daviil Flynt, their associates and assigns, free piissage for his ma- jesty's troops, and for all or any of his majesty's military stores alone excepted ; provided always that the way and passage over and through the .said locks, dams, wears and water gates, at con- venient times and seasons, shall not be denied to any other of his majesty's subjects with their boats, vessels and goods, after pay- ment or tender of the toll or pass-money which shall hereafter be annually iinposeu and established by tliu said directors, which toil or pass-money, in case of just complaint, shall thereafter forever be regulated by the legislature of this province : and provided also that no damage be done to any particular person in his land or property without due recompen.se to be made by the persons here- by incorporated, and their successors, as they and the parties inte- rested may agree or as shall be ordered by the justices in general sessions upon en(i[uiry into the same by a jury to be summoned for that purpose. S. Tiie said directors so to be chosen and appointed shall be and they are hereby incorporated as a body politic, by the name of the directors of the Yarmouth lock and canal proprietors, and as a body corporate to sue and be sued in any or either of the courts of law or equity in this province, by the same name to purchase and hold lands, tenements and hereditaments appropriate and conve- nient for the said lock and canal proprietors, provided the said lauds do not exceed two hundred acres in the whole nor more than one hundred acres in one place. 4. At the annual meetings of the said proprietors hereafter to be held, each person shall be received and entitled to give one vote for each and every share held by such person, and that no person shall be entitled to vote in right of any property which does not amount to one entire original share of the said capital stock ; and also it is hereby provided that no vote shall be binding on any of the propriotons unless two-thirds of the said proprietors shall be present in person or by proxy. Director! (or iHt' ^' Anthony Landers, Jacob Tedford, William Saunders, John y««^- Killum and Miner Huntington shall be and they are hereby con- Tnll or pau-mo iH'y. KtierfWPhmenlc on otlitra' laud 4. Name of corpora tioa. ^otin^. 09 NOVA-SCOTIA. stitutod ami appointed directors of the Yarmouth lock and canal proprietors for and during the prcHent year of our Lord one thou- sand eight hundred and eleven ; rnd shall in convenient time after the puhlication of this act call a meeting of the proprieKtrs. and proceed to put this act in operation according to its true intent and meaning, for the benefit of said proprietors and for carrying the object of the association into effect. 291 Mt^ning vt pro- Ill loiur' AN ACT IN AMENDMENT OP AN ACT PASSED IN THE FIFTY-FIRST M iiements, ships. He, r.ipitat of eompa ".V. Sfhnm. Shares depmeil perjoiial estnte. Canal may be uptined — basins, iic. coustrueletl. Course of canal vested in com- pBDy. 1. Be U therefore enacted, ^r., That Charlea Dickson Archi- bald, Thomas Laurrie Murray, John MacNeil. Richard Smith, James ^lallock and George Handley, and all other the persons who shall become adventurers in, or parties to, the said undertaking, and possessed of any share or shares therein, their executors, admini- strators and assigns, shall be, and are hereby declared to be. one botly, politic and corporate, in deed and in name, under the title of " the St. Peter's canal company," and by that name shall have perpetual succession, and a common seal, and by that name shall sue and be sued, implead and be impleaded, in all courts of law and equity within this province. 2. The said company shall and may take, purchase and hold, any lands, tenements and hereditaments, ships. ves.9els. steamboats, cralt, chatties and effects, to the value of thirty thousand pounds, iind may also sell, alien, demise, or otherwise dispose of, the said lands, tenements and hereditaments, ships, ve.ssels, steam boats, ciaft, chattels and effects, from time to time, as they may deem fit and expedient for the advantage of the said company. . 3. The capital or joint stock of the said company shall consist of thirty thousand pounds of lawful money of Nova Scotia, to be divided into three hundred shares of one hundred pounds each, which shall be numbered in arithmetical progression, beginning with number one, and shall be transferable and conveyed according to the regulations and bye-laws of the said company, to be made, passed and established as hereinafter mentioned, and that the said shares shall be deemed to be pereonal estate, and not of the nature of real property. 4. It shall and may be lawful for the said company to cut and open a sufficient canal and watercourse, of such breadth, depth and dimensions as they may deem fit and necessary, and in sncli line and direction as may be most practicable and convenient for the purpose of making a navigable channel for ships, vessels, steam boats, craft and timber, to and from the waters of the said St. Peter's bay, to the said Bras d"Or lake, in the said island of Capo Breton respectively, and to dig and construct all such chambers, basins, reservoirs, locks, dams, sluices, wears and embankments, and to form and erect such piers, jetties, quays, wharves and other works, as may be necessary to render the said canal secure, useful and beneficial to the public and the said corporation, and generally to do all such other things as may be requsite and necessary for the effectual completion and perfection of the said undertaking. 5. The course of the said canal, and the said reservoirs, locks, dams, piers, jetties, quays, wharves, and appurtenances, and all lands or real estate, purchased or obtained for the said company, subject to the conditions and reservations, contained in the convey- ances or agreements for the purchase thereof, shall be, and the same are hereby declared to be, vested in the said corporation, in fee simple for ever. t). The said canal, ioob and towing paths, shall be free and open OF NOVA-SCOTIA. 293 m to all her majesty's subjects, at all convenient times .ind seasons, with their ships, vessels, boats, rafts, goods and merchandize, after payment of the toll or pass money, which may be established and ordained by the said corporation. 7. A general meeting of the said company shall be held annu- ally, on the first Monday of May, in each and every year, at some convenient place in the town of Halifax, and that upon any parti- cular emergency, or Avhenever the affairs of the said company shall require, it shall and may be lawful for the directors to be noniinatecl and elected as hereinafter mentioned, or any three of them, to sum- mon a special general meeting — provided at least ten day's notice thereof, and of the object of such special meeting, shall be given in some two of the public newspapers published at Halifax afore- said, and that all such general meetings may be adjourned from time to time, and from place to place, as may be found expedient. 8. At the first or such other general meeting as may be most expedient, the shareholders in th^^ aid company, provided there shall then and there be present th. .oldei-s, or representatives of the holders, of at least one hundred shares, shall proceed to nomi- nate and elect seven of the said shareholders, each of whom shall be entitled, in his own right, to at least five shares in the capital or joint stock of the said corporation, to be directors for the ma- nagement of the affairs of the said company, and all acts, matters and things, which the said directors may, by any of the provisions of this act, be authorized to do, shall and may be done by any three of them, and that the said directors not being removed or dis- qualified, and not resigning, shall continue in office until the an- nual genera! meeting of the said company, which shall next be held after the said election, or until their successors or successor shall at some general meeting be nominated and appointed, as hereinaf- ter provided. 9. At the second, and each and every subsequent general an- nual meeting to be held on the said first Monday of May in each and every year, or at any adjournment thereof, three of the said directors, to be determined by drawing lots for that purpose, shall go out of office, and cease to be directors of the said company, and their places shall be filled by shareholders, duly qualified and elec- ted as aforesaid : provided nevertheless, that all and every director who shall, by lot, so cease to be in the direction of the said com- pany, being duly qualified as aforesaid, shall be immediately, or at any subsequent annual general meeting, eligible thereto. 10. No person concerned or interested in any contract under the said company, shall be capable of being chosen, or being cho- sen, of continuing a director of the said company ; and no person, during such time aa he shall be such director, shall be capable of taking any contract under the said company. 11. When and so often as any director named or elected, by virtue of this act, shall die. or shall resign, or shall become dis- qualified or incompetent to act as such director, or shall cease to be Cnnal to be free to her majesty's suhjucts uiHjn payment of toll. Meelin){« of com- l>an,v. Choice of direc- tors — term of oliice, iic. Tliree directors retire annually from odice — places to )n; sup- plied. Proviso, Shareholders con- tracting with com- pany Incapacttk- ten of the shareholders and proprietors of the said company: and the saW directors are hereby declared to possess all other^ers and auth^ r.tu3s which shall or may be requisite and necessary for theeffic e^t and beneficial conduct, management, and control of all such unTer- takings and speculations, matters and things, as the said comnanv can or may engage in and carry on, undeT and by virtue of the provisions hereof. "^ vmue oi ine .o.„-.,a-a.. to make Inch t»«l'r'*''' 1'" ^.f ^""'V^ ^^^^ to time to make such calls of money from the subscribers to, and pronrie- torsot the said undertaking, as they shall find necessay; anTererv owner of any share in the said undertaking shall pay his or her rateable proportion of the monies to be called for £ aforesaTd to such person, and at such times and places as the said directors shaH appomt; and ,f any owner of any s'uch shares shal^Tso pay h" or her rateable proportion, then, and in such case, and so often i aiter the late of six pounds per centum per annum, from the day appointed for the payment thereof, up to the time when the same shall be actually paid ; and if any owner of any such share Si neglect or refuse to pay his or her rateable proportion tLther flrnSr th?r""'''?J'; ^Pr ^^-th-e'calendWS S Z\ f\ ? f^^ appointed for the payment thereof, then it shall be lawfu for the said company to sue for and recover the same in any of her majesty's courts of record within this province andin any aet.on to be brought by the said company for this IrS It shal be sufficient for the said company to deVe and alleSat undeiS'"*' ^''Rf"^ P V^^^ '^ '' "^««y '^'^'^ '" tS afd undeitaking, is indebted to the said company, in such sum or sums of money aa the calls in arrear shall amSunt 'to, whereby an a^Z! setting forth the special matter ; anci on the trial of such action it shall only be necessary, in order to obt^. judgment for S said arrears and interest thereon, to prove by the clfrk or other officer or by the production of the books of the said company tharThe l'i\ „ ZZ ' P^P^f^ °^ '?''' «^^^ °r shares inYh'e saM un! .. -»-mg. and sucfi calls were in fact made, and due notice thereof OF NOVA-SCOTIA. 297 given ; or the suid directors may, and they are hereby authorized to declare the share or shares of any person refusing or neglecting to pay such calls, together with interest, for the space of three months as aforesaid, to be forfeited and sold, and transferred at such times, and in such way and manner, as the said directors, or the bye-laws of the said company, shall direct and appoint. 18. No person shall sell or transfer any share which he or she T,„ni,fcrof .hare. "*»y , ' °^ ^ entitled to in the said undertaking, after any call shall have bee.i made for any sum of money in respect of such share, unless ho or she at the time of such transfer or sale shall have paid the full sum of money which shall have been called for. m respect of each share so to be sold or transferred. VX No proprietor or shareholder in the said company shall be or become responsible, chargeable or accountable, by any ways or means whatever, for any other or greater sum of money than the amount of the share or shares which he shall actually and bona hde possess or be entitled to in the capital or joint stock of the said corporation. 20. The said canal and its appurtenances shall be, and the same are hereby declared to be, exempt and discharged from the pay- ment of any poor and county rates, or other public or local taxes So" ''IVI;: rates, or assessments whatever, until such time as a dividend ordi- andimut"""' vidends of profits on the joint stock or capital actually paid in cjiual to SIX per cent, per annum, or upwards, shall have been de- clared and actually paid. l.ialiilii.vuf sharc- lioldii's. Canal, lie. cx- i'iii|iU'rt fioiii taxes until divi- i^lurcd AN ACT TO AMEND THE ACT TO INCORPORATE THE ST. PETER's U Vic, chap. 32 CANAL COMPANY. I'aaseU ttli April, 1851. 1. Be it enacted, i^c— The persons mentioned in the first sec- Am...,d» 3 vic.,c. tion of the act third Victoria, chapter thirty-five, or any two or ''^^''^^^ more of them, together with such persons as may hereafter become shareholders, shall constitute the company thereby incorporated 2. The capital stock of the company shall consist of twenty capital £20,000. thousand pounds, to be divided into shares of five pounds each, shares a, which shall be numbered m regular progression, and every diree- tor of the company shall be the holder of at least forty shares in lo'r".'" ''°'' the company. "^ 3. The annual general meetings of the company after the first Annual meuuug. meeting shall be held at Halifax or St. Peter's as may be directed by the bye-laws ; but no officers shall be elected, nor shall any business be transacted at any general meeting unless there be pre- sent fifteen shareholders holding five hundred shares at least in the capital stock. 88 S«J8 PRIVATE AND LOCAL ACTS t'dinpttiiy may lake iHMxef^iiHi u( lanils rcciuiit'il. I>i~lMllis to hi; M'llli'cl with 1)1(1- Iirit'tors liy ai'bi- traliuii. <'i.iii|)iin,v may iisi.' uncultivutfil laiulii. Accounts of coin- Jiaiiy to be Mili- mittcd to Icyisla- turi'. Toll'i lo l>e ic^'ii- lat<;(l by licut. jjo- \ (Tiior. 4. The company, if they should fail in agreeing with the par- ties owning the land required for the purposes of the canal, may enter upon and take possession of such portion as they may require of the Isthmus which separates the waters intended to be connec- ted, and extending across the same until it meets the public domain on each side, but not exceeding five hundred feet in width, and also such moderate quantity of land not exceeding one acre at each end of the canal, to be selected by the company, as may be neces- sary for the buildings, wharves f»nd other necessary purposes of the canal, and may hold the sam ♦he use of the company ; and if the parties owning the land retus,. .d convey the same on request iiiid to accept the sum offered to them therefor by the company, the disputes so arising shall be settled by arbitration in the manner prescribed i-« the eighty-seventh chapter of the revised laws passed during the present session ; and upon payment or tender to the parties owning the land of the compensation so awarded, with the costs awarded against them, if any, by the arbitrators, the company shall tliereaftcr hold an absolute title to such lands in the same manner us if the same had been formally conveyed to them. o. The company may from time to time enter upon any lands not under cultivation, *and there cut down any trees, prepare any timber, and may dig and quarry any rock or other materials there found, and work, prepare and carry away the same for the uses of the canal ; and if the parties having the property in such lands or materials shall refuse to agree with the company therefor and for any damages occasioned thereby, or shall refuse such reasonable ompensation as may be tendered therefor, the same shall be set- tled by arbitration in manner aforesaid, but the company shall not take or use any such materials as may have been previously wrought or prepared without the consent of the parties entitled thereto. 0. Tiie company shall annually lay before the legislature within the first ten days of its meeting, a statement of the amount of the receipts and expenditures of the company for the previous year together with the rate of tolls taken by them. ' 7. All tolls taken by the company shall be regulated by the bye-laws, and no bye-laws shall have any effect until approved of by the governor in council. 14 Vic. chap. 1. flriint lo !e town of Liverpool, will be of great advantage to the public : and whereas Joseph Freeman, Joseph Barss, Snow Parker, John IJarss, Nathan Tupper, Ilallet Collins, James Gorham and others, have proposed to erect at their own proper cost and charges, a goal and sufficient draw bridge over the said river, and to attend and main- tain the same — provided the said persons shall be allowed to take and receive such rate or toll for passing the said bridge aa shall be allowed and fixed from year to year by the court of general ses- sions of the peace, and the grand jury for the time being, for the county of Queen's county : 1. Be it therefore enacted, (^'c., That it shall and may be inrorimratinn ot lawful for the governor, lieutenant-governor, or commander in chief ,'.;im7,u';,y'. ''"''*'" for the time being, by letters patent under the great seal of this province, to incorporate the said Joseph Freeman, Joseph Jiarss, Snow Parker, John Barss, Nathan Tupper, Ilallet Collins, James Gorham and others, and all and every other person or persons who, in thfeir own right, eras executors, administrators or assigns, of the original proprietors, at any time or times hereafter, shall have and be entitled to, any part, share or interest, in the said bridge, so long as they shall respectively have any such share, part, or inter- est therein, to be one body, politic and corporate, in deed and in name, by the name of the Liverpool bridge company, and by that name to have a succession, and to sue and be sued, and to have a. '.'ommon seal, with power from time to time to elect and choose u president and other officera, as shall be by the said letters patent directed. 2. The proprietors of the said bridge shall be authorized to re- ceive and take from all and every person or persons passing the said bri<'.ge, except his majesty's troops or embodied militia, with their munitions of war and baggage, on their march, such toll or fare, from time to time, as shall be fixed and allowed by the court of general sessions of the peace and the grand jury for the county of Queen's county, annually, and no other toll or fare there shall be so fixed and allowed as aforesaid. 8. The said bridge shall be erected over the said river at such nrui?e, wiiPiw place aa shall be appointed by the said court of general sessions, upon the presentment of the grand jury, for the said county of Queen's county : provided always, that the said bridge shall be a draw bridge, of sufficient width *o allow a passage for vessels and boats, up and down the said ri and that a fit anri !)roper person Hiidfjc toll iTiM'tcJ . Drawbriiltfi". 302 If PRTVATR AND LOCAL ACTS Pamhkc of MH "I'll. £to at all t?l'^ r^'?r '^ ^^'' Foprietors, to draw the same un that no llTl ''' '}T\? u'^1"'''^^' '^ ""««• «f «»«'' P"««»ge, and that no fee or reward shall be exacted or taken for lrawiii.r ho sajd bndge for the purposes aforesaid ; and pt dod al 'o hS ''■-•'""'-- pa^sinrlTtt'T' Tl' ^^"P|^*«^ within^hrco yea"' fiom Pionf?„ ^ . n '^^*' ''"•^ '^^P* ^"•^ maintained in I'ood and suffi- c,ent repair, at all tame and times during the continuance o? the years £7^^- T™'"r' ""? ^ '" ^''''' ^^' ^''^ ^''^ o( fifty years irom the passmg thereof, and no longer. Kfi'iM'r of lirlilKe. Tlnif iillowcd for iTCOtlipii niiil Cdin I'linlmuanoe of iui. 4.Wm. 4, rlmii. 66. Preamble, AX ACT TO INCORPORATE A COMPANY FOR ERECTIN.i A IHUHOK ACROSS THE CORNWALLLS RIVEIl. PRSDfU Iflth April, 1834. an]!!;tT*-',ru'*?,^® 0/ great advantage if a bridge were well and substantial y budt and erected across the Cornwallis river a unKoT bdir «f f«^r^rbn?g«; and in order to ^lo^ue IrSil /. ?^T^ ^""^S? ^" '^^^'t'^^ t« tbe amount already granted by the legislature, it is expedient to incorporate such per- sons aa may be wi Img to advance monies for the purpose of bui- d ng such bridge into a company, for the purpose of building tie same, and to authorize them to collect a toll from passengers after such bridge may be built and erected • ^ »»tiifeers atier rrS"-"' „ 1- ^.^«5 <(^^r^Me enacted, ^c, That all such persons as shall fSmi:.:"' """ uZlT T ^T'^^.P/^P""*^" ^^ «^ares in Se corporation hereinafter mentioned and hereby established, and their successor executors, administrators and assigns shall, so soon as this act s3 come into operation and thereafter, be, and they are hereby united into a company and dec ared to be one body, politic and cTrZte by the name of the " Cornwallis bridge company," and b^tl at name shall have succession and a common seal, with power the same to change, alter and make anew as they shall see fit ; and by that name shall and may sue and be sued, plead and be impleaded at law or in equity, ancf be able and capable in law to have hold ^ ' ^^'^^Jtaments and rents in fee simple or otherwise, and also goods and chattels, and all other things real, personal or inked to any amount not exceeding fifteen thousand pounds, includ ng the cost or the value of the bridge ; and also to give, g^nt, mort|age demise, sell, let, assign or convey the same oJanjrmrt thereof and to do, manage transact and execute all other things in and about he same^which shall and may be thought necessarTor r^rn^rZ the beneni ana uUvuntage of the said company. " * ' OF NOVA-HCOTIA. 303 at 2. (Jntil i'urty Hlmreo oi' and in thu cupitiil tttuvk of the nmX company, or ono thousand pounds, shall ho taken and subscril>ed, this act shall not come into operation or bo of any force or effect. •{. The capital and joint stock of the said company shall con- sist of and be, and shall bo restricted to, a sum not exceeding the sum of five thousand pounds, to be divided into shares of twenty- five pounds each. 4. Tlie said shares shall and may be transferable and transfer- ed in such manner and under such conditions as may hereafter bo prescribed by any bye-law, rule or ordinance of the said company to be made and ordained as hercinafler mentioned. '). When and so soon as forty shares or ono thousand pounds of the said capital or joint stock of the said company shall be subscribed, and this act shall come into operation as aforesaid, and not befcjrc, it shall and may be lawful for the subscribers and shareholders in and to the said company to meet and assemble together, and to nominate, choose and appoint five directors for the said company, of whom one shall be chosen and elected by the said directors to bo president, which said president and directors shall be and remain in office for such period of time, not less than one year, as may bo provided for and directed by any bye-law or bye-laws, rules or or- dinances hereafter to be made or ordained by the said company, and until other directors are substituted and elected in their stead. 0. When and so soon as the said president and directors shall bo chosen and appomted, it shall and may be lawful for the mem- bers and shareholders of the said company, at any meeting or mee- tings to be held by them, when and as the same shall be considered necessary, to make, ordain and establish, all or any such bye-laws, rules, ordinances and regulations, as shall or may be requisite and necessary for the rule, order, direction and good government of the said company, for the management of the aifairs and servants thereof, for the appointment, change and re-election of the presi- dent, directors and officers, and servants of the said company, and for the building of the said bridge, and effecting the objects of the said company, and such bye-laws, rules, ordinances and regula- tions, from time to time to abrogate, alter, change and vary, as may be deemed expedient : provided such bye-laws, rules, ordinances and regulations, be not contradictory or repugnant to this act, or any of the laws and statutes of the province, or of those in force within the same. 7. Annual or other meetings of the stockholders or members of the said company shall be held at the time, in the manner, at the place, and under such regulations as shall or may from time to time be appointed and prescribed therefor, in and by any of the bye- laws, rules, ordinances and regulations, of the said company to be made as aforesaid. 8. When and so soon as the said sum of one thousand pounds, or forty shares of the capital or joint stock of the said company shall be subscribed as aforesaid, and actually paid in, it shall and I'l'H HI). AiiiiMiiit III Jolul HtlH'k. Hliiinn iruiitrvM- A|i|»iinltiu'iit iif pri'HiiU'rit aiul ili- rL'ctors. Hyv laws, rulvsi Meetings of btock licklcrs. BuildiiiK of liriilKe when to be Cum- fT"'ni*p.l 304 PRlVA^e ANP LOCAL ACTS Briiluo, \i\ n*. I'd Jii I'liiMiiarij. Till I or |iH»K UK). may 1x5 lawful for tiic Huiil coinpuiiy u, wuiuieuco buildiug the suid bridge, uiul U) proceed to erect und build over und across the 8uid Cornwullis river, «, > aoino site at or below tbo aite of the former bridge, u ginxl und sulli<;ient bridge of such size uiid diraeiiHioiw, M/id of sUf'h nmtoriuls, mid with '^ich and so many piers iindabut- bit•r. The said bridge, when erected as aforesaid, und all the piers, almtiucnts, approaches, outlets, entrances and appurtcnaiKtes there- of, and all lands and other property purchased or obtained for the said bri;d permitted freely to pass over and upon the said briig'^, n.-ii iruiu any sui h ioU or pass money as aforesaid. 1 ' 1; ^ joint stock .ad all real and jpersonal estate of the said company shall at all times be subject and liable to and for all and every contr-act or contracts, and engagements of every description, l]\* maJLMty's I runpn, militiii And mail earring- '« ex. Liability of com OF NOVA-SCOTIA. of or made, or entcrwl into hv tl»o >*iii^agement, of the ■*iiid company, but the members of such c()iii{)aiiy shall bo liable only for the shares or stock held by them respectively, and no more. 12. iNotwithstanding any real estate which the said company may at any time own or possess, the shares and interests of the Htookliolders of and in the stock, funds, jiroperty and estate of the the said company, shall be. anti shall be held, deemed and taken to be, personal property, to nil intents and purposes whatsoever. !•■{. If any subscriber for uny share or slinres in the said eapi tal or Joint stm^k of the said company shall not pay into the hands of tlu! person or persons appointed to receive the same, the said share or shares, or such portion thereof as may Ik' re(|uired, wirhin thirty days after notice shall be givet» in any one or more of tlie public newspapers, printed and published at Halifax, recjuiring the same to lye paid in, it shall and may be lawful for thepresidt-nt and directors of the said company, in the name of the said company, i > commence and prosecute a suit or action at law for the amount of the share or shares so remaining unpaid, against the subscriber or subscribers for the same. 14. When and so soon as the said company shall have erected and finished the said bridge, and have the .'-;ime open and ready for the passage and conveyance of passengers, horses, cattle, carts and carriages, across the said river, the several sums of seven hundred and fifty pounds, and one thousand one hundred and fifty pounds already granted and appropriated for the purpose of buildin^' such bridge, shall be and become payable to the said company, and it shall and may be lawful for the governor, lieutenant-governor or commander in chief for the time being, to drawn any warrant or warrants on the treasury of this province, in favor of the said com- pany, for the payment of the said sums of money already granted and appropriated as aforesaid. 15. The said bridge shall be fully built and completed, ready for the transport, conveyance and passage of all persons whatsoever with their horses, cattle, carts and carriages, within six years from the passing of this act. 16. Repeals (J Geo. 4, chap. 21. 17. If the said company, or other person or persons, shall be sued or prosecuted for any matter or thing by such company, or other person or persons, done under or in pursuance of this act, the said company or other person or persons may be at liberty to plead the general issue, and give this act and special matter in evi- dence, 305 ^M** in ihK iin'k iwnoiitl (JfOIKTl) enymenf of j I3.iniesnr»nte.llii di'Jof brlUgf. BriilRO i» built within I ,ars. Act 6 Geo 4, e. 21 repealeii. Company rosy plead general If* «ue, &c. 306 4 Wrn. 4, chap. Preamble. Incorporntion of Avon bridge eoiu paoy. Their powers. Amount of capi- tal. Shares trans- ferable. Choice of direc- tors. PRIVATE AND LOCAL ACTS AN ACT TO AUTHORIZE THE INCORPORATION OF A COMPANY FOR ERECTING A BRIDGE ACROSS AVON RIVER. Passed lOtli April, ISM. Whereas the erection of a substantial bridge across the river Avon, between Windsor and Falmouth, in the county of Hants, at or near the point of rocks or narrows, will be of great public advan- tage ; and whereas it has been found impjacticable to procure suf- ficient funds for building the same otherwise than by the formation of a joint stock company and by ve.?ting the property of the said bridge when so built in the .said company : 1. Be H therefore enacted, . cb»P «. Passed 30th March, 1839. Whereas the erection of a wharf or pier atWihnot, in the county of Annapoha, will be extremely beneficial to the trade of that part of the province, and contribute to the security of navigation ; and It is therefore expedient to.flncourage the building of such pier or wharf: ^ ' 1. Be it therefore enacted, ^v., That Samuel Dodge, James Gates, Christopher Margeson, John B. Longley, William Randall, Of ranvdle B. Read, Joshua Morgan, Isaac Saunders, David C. Lan- ders, Jacob Gates, James Parker, John Dodge, Ambrose Dodge and such other person or persons as shall from time to time become proprietors of shares in the corporation hereby established, their successors and assigns, shall be and they are hereby erected 'into a company, and declared to be a body politic and corporate, in deed and in name, by the name of the Wilmot pier company ; and by that name shall and may have succession and a common seal ; and by that name shall and may sue and be sued, implead and be im- pleaded, answer and be answered unto, in any court or courts of law or equity, or place whatsoever, and be able rnd capable in law to have, hold, purchase, take, receive, possess and enjoy any houses stores, lands and tenements, and real estate whatsoever, materials' goods, chatties, and all other things, real, personal and mixed • and also to give, grant, let, assign or convey the same, or any part thereof, and to do and execute all other things in and about the same, as shall and may be thought necessary and proper for the benefit and advantage of the said corporation : and also that the said company, or the maior part of them, shall from time to time and at all times have full power, authority and license to consti- tute, ordain, make and establish, change, vary and alter such bye- laws, rules and ordinances as may be thought necessary for the good rule and government of the said corporation ; provided such bye-laws, rules and ordinances be not contradictory or reput^nant to the laws or statutes of the province, and those in force within the same : and provided also that such bye-laws, rules and ordi- nances shall not be of any force or effect until the same have been submitted to and approved by the governor, lieutenant-governor or commander in chief for the time being, nor until the same shall have been registered in the office of the registrar of deeds for the county of Annapolis. ^ 2. The said company shall not have, take, hold, possess or en- joy at any one time, lands, tenements or hereditaments of greater value than two thousand pounds. 3.^ The said company, and its affairs and business, shall be un- der the management and dii-ection of a president and such other Preamble. Incorporation of cumpHny. Power and liabi- lities of couipBny, Bye-laws, 4c. may be ifsta- blish(.'il. Proviso. Bye-laws to be submitted to governor. Real estate of company. OfliceraofcoD]- pan}-. ^2 Company etnpnw rreU to erect pier. Pier open to pub lie. Shares deemed personal property Real estate may be taken under execution. Sheriff to give ilced and transfer property. Restrictions im- posed on com- pany. Names of share- holders to be re- gistered. Transfer of shares LiabUity of share- holders. PRIVATE AND LOCAL ACTS officers as shall or may be named and designated by the bye-laws of the said company, and the capital of the said company shall be limited to the sum of two thousand pounds, to be diVided into shares of five pounds each, and such shares shall be assignable and transferable in such manner and upon such terms as by the said bye-laws may be also provided and directed. m.l JL'^f ^"f ""^^ ^ 'r^"^ ^°' *^« «**'<^ «o™Pany. when for- med, to build and erect a public pier or wharf on the south shore at Crates mountain, in the township of Wilmot, which shall be open and free for the use of all ships and vessels, and persons whomsoever subject to such rates of wha.fage as shall be fixed and established by the said company by and with the consent, sanction and approbation of the court of general sessions of the peace for the county ot Annapolis. * 5. For and notwithstanding any real estate which the said cora- panv may hold at any time, the shares and interests of the share- uuu f ^^^ '? ?® ""^^'^^ '^^''^ ^"^ f"" f 8. The names of all the members of the said corporation, and the number of shares owned by them respectively, shall be re- gistered in the office of the registrar of deeds in the county of An- napolis, and no transfer of any share in the said corporation shall be final and eifectual, until the certificate thereof shall have been registered m the said office, to the end that it may be publicly known who are the persons composing the said corporation. 9. Nothing herein contained, shall extend, or be deemed, con- strued, or taken to extend to relieve or discharge the said company or any of the present or future proprietors or other holders of shares in the said company, from any responsiblity, contract, duty or obligation whatsoever, to which by law, they, he or she, now is or at any time hereafter may be or would have been subject or lia- ble had not this act been passed, as between such company and any other party or parties whomsoever, in any manner or way how- soever, and the said proprietor or holder of shares in the said OP NOVA-SCOTIA. exS/n llf ''"^k' ^"^^ «nd<)hattels, sl.all be liable under any execution that may be issued agamst the said corporation, in the pa^ed """''' ' *' '"'"' '''^'"* "' *^ '^"' "^^^ ^°'^ "°t '^^^-^ 10. This act shall continue and be in force for fifteen venrs from the passing thereof, and from thence to the end of the then next session of the general assembly. 313 Cnntioustloo of il-t. in the AN ACT TO INCORPORATE THE MARQARETVILLE PIER COMPANY, 3 Vi'!., chap. 39. Passed 27tli .March, 1840. WiKT t^r; T "^"^f "* Margaretville, in the township of P,.e..b.. VVilmot in the county of Annapolis, has been commenced and the completion thereof will be highly advantageous to thaJpan of t lis rZri '' '' ''P^^''"* '' encouragelhe building o^f slh pier other person or persons as shall from time to time become pronrfo- tors of shares in the corporation hereby established, their succes- sors and assigns, shall be and they are hereby erected in o a com- pany, and declared to be a body, politic and corporate n deed and m name, by the name of the Margaretville pier company^S W , , that name shall ana may have succession and a common^ ea and ■'^"'"^^"'"^'«"' by that name shall and may sue and be sued, plead and be imnlea- ''^" '"" ""^• ded, answer and be answered unto into any court or courts of W ZTIV P^T ^^"^r^^'"' '""^ ^' ^^'' ^"d capable n law to nave, hold purchase, take, receive, possess and enjoy any hou es stores, lands and tenements, and real estate whatsoever, materials also to give, grant, let, assign or convey the same or any nart thereof, and to do and execute all other thincrs in and abo^ut^th. same as shall and may be thought necessary and proper?or the benefit and advantage of the said corporation; and^lso that he . said company, or the major part of them, shall from time to time '-> -^ "" and at all times have full power, authority and license to constit, ^ ordain, make and establish, change, varjand altersuch ZS ' rules and ordinances as may be thought Necessary for the good rule ^^itJrSTr' '^ 'I' "^^ ^^^P^^^^^^'^ = provided such bye law p-iso. ind sip« ST' ^' °°* ''"^'I'^i^'ory or repugnant to fhe la vs «- ... „ot .o 'nd D?ovid^lo LT'^Tif^^*^"^^ ^? force within the same .tT^? and provided also that such bye-laws, rules and ordiaauces shall ''ion, a com- mon anal, i-c. vine.'* 314 I i Not to hold laiidx, &c. of grcatiT va- lue than £2UUU. Till' affairs of the company to lie under tiie itki- imgpinoni of ii president and other otHcei's. A public plor to be erected lit Mnr- garetvllle. To be free for the use of all Phips subject to dock- age. Shares to l)e deemed personal property. The londs of the company may be taken under exe- cution, and sold as gooils and chat- telB. Sheriff to give deed to the pur- chaser. Proviso— not to engage in bank- ing operations or become under- writers. The names of shareholders, ke. to be registered. PRIVATE AND LOCAL ACTS not be of any force or effect until the same have been submitted to and approved bj the governor, lieutenant-governor or commander in chief for tlie time being, nor until the same shall have been re- gistered in the office of the registrar of deeds for the county of Annapolis. 2. The said company shall not have, take, hold, possess and enjoy at any one time, lands, tenements or hereditaments of grea- ter value than two thousand pounds. 3. The said company, and its affairs and business, shall be un- der the management and direction of a president and such other oflicers as sliall or may be named and designated ^y the bye-laws of the said company; and the capital of the said company shall be limited to the sum of two thousand pounds, to be divided into shares of two pounds ten shillings each ; and such shares shall be assignable and transferable in such manner and upon such terms aa by the said bye-laws may be also provided and directed. 4. It shall and may be lawful for the said company, ,hen for- med, to build and erect a public pier or wharf, or to proceed to complete the pier or wharf already commenced at Margaretville, in the said township of Wilmot, which shall be opened and free for the use of all ships ,and vessels, and persons whomsoever, subject to such rates of dockage and wharfage as shall be fixed and esta- blished by the said company, by and with the consent, sanction and approbation of the court of general sessions of the peace for the county of Annapolis. 5. For and notwithstanding any real estate which the said company may hold at any time, the shares and interest of the shareholders of and in the capital stock and funds of the said com- pany shall be held and deemed to be personal property to all in- tents and purposes whatsoever. 0. All such lands and real estate, or so much thereof as may be necessary to satisfy the same, may be taken under any writ of execution issued upon a judgment obtained against the said corpo- ration, and sold in the same manner as goods and chattels may be taken and sold ; and the sheriff shall immediately after such sale make and execute a deed to the purchaser or purchasers, which deed shall convey and transfer all the estate and interest of the said corporation in the lands so taken, sold and conveyed. 7. Nothing herein contained shall be held or construed to give to the said company the privilege of dealing in the lending of mo- ney by way of discount or otherwise, or engaging in any banking operations whatsoever, or to become underwriter or underwriters upon any insurance on a ship or vessel or marine risk, or upon any loss by tire, or upon any life or lives. 8. The names of all the members of the said corporation, and the number of shares owned by them respectively, shall be regis- tered in the office of the registrar of deeds in the county of Anna- polis ; and no transfer of any share in said corporation shall be final and eflectual until the certificate thereof shall have been re- OF NOVA-SCOTIA. 315 gisterecl in the aaid office, to the end that it may be puhhcly known who are the persons composing the said corporation. 0. Nothing herein contained shall extend, or be deemed, con- strued or taken to extend to relieve or discharge the aaid corpora- tion or any of the present or future proprietors or other holders of shares in the said company from any responsibility, contract, duty or obligation whatsoever to which by law such proprietors or hol- ders of shares now are or at any time hereafter may be or would have been subject or liable had not this act been passed, as between such company and any other party or parties whomsoever in any manner or way howsoever : and every proprietor or holder of shares in_ the said company, his or her lands, goods and chattels, shall be liable under any execution that may be issued against the said corporation in the same manner and to the same extent as if this act had not been passed. 10. In every case when any person shall have, before the pas- sing of this act, actually contributed to the said pier the sum of two pounds ten shillings or upwards, the said person shall be dee- med a shareholder of said corporation, and be entitled to one share for every two pounds ten -.hillings of the amount by him so actu- ally contributed as aforesaid, and also to one vote ibr every such share. 11. This act shall continue and be in force for fifteen years from the passing thereof, and from thence to the end of the then next session of the general assembly. Proviso— thii an nut Id ullect thi^ liiibility to which IPii'|.iii:tors of I'hiiri'A now are or .nay be auhject. Tlio property of lir..|'rietors to be liiibli' unilcr any "■Mrmioii Usiii'.l .■i;:aiii^ssels, and persons whomsoever, subject to such rates of Jbekage, wharfage and storage, as shall be'fixed and established by the saul company, by and with the consent, sanction and approb'^ K,n of the court of general sessions of thepeace for the county of Shore ;. to ho held (lersuiial property liAnds, kv. liable In Ih! lakcu Id cx ecuiloii. Nut tn iIi'mI in li'iiilintr money, ^u.,ur liuuraiicc. N.iiniM of mem- btrs to bt; regis tci-i.'U. OF NOVA-SCOTIA. 317 5. For aiifl notwithstanding any real estate which the suIJ coni- panv may hold „t any time, the sliares and interest of the share- holders of and in the capital stock and funds of the said company, shall bo held and deemed to bo personal pnjperty to all intents and purposes whatsoever. 0. All such lands and real estate, stores and buildings, or so much thereof as may he necessary to satisfy the same, may bo taken under any writ of execution issuing upon a judgment obtained against the said corporation, and sold in the same manner us goods and chattels may betaken and sold ; and the sherifi'shall immediately after such sale, make and execute a deed to the purchaser or pur- chasers — which deed shall convey and transfer all the estate and in- terest of the said corporation in the lands, stores or buildings, so taken, sold and conveyed. 7. Nothing herein contained shall be held, or construed to give to the said coinpany, the privilege of dealing in the lending of mo- ney, by way of discount or otherwise, or engaging in any banking operations whatsoever, or to become underwriter or underwriters upon any insurance on any ship or vessel, or marine risk, or upon any loss by lire, or upon any life or lives. o. The names of all tho members of the said corporation, and the number of shares o^vncd by them respectively, shall be regis- tered in the office of tho registrar of deeds in the county of King's; and no transfer of any share in tho said corporation shall bo final and effectual until tho certificate thereof shall have been registered in the said office, to the end it may bo publicly known who are tho persons composing the said corporation. 9. Nothing herein contained shall extend, or be deemed, con- strued, or taken to extend, to relieve or discharge tho said corpora- tion, or any of the present or future proprietors, or other holders of shares in the said company, from any responsibility, contract, duty, or obligation whatsoever, to which, by law, such proprietors or holders of shares now are, or at any time hereafter may be, or would have been subject or liable, had not this act been passed, as between such company and any other party or parties whomsoever, in any manner or way howsoever ; and every proprietor or holdei- of such shares in the said company, his or her lands, goods and chattels, shall be liable, under any execution that may be issued against the said corporation, in the same manner, and to the same extent, as if this act had not been passed. 10. In every case when any person shall have, before the pas- sing of this act, actually contributed to tho said pier or wharf the sum of five pounds or upwards, the said person shall be deemed a shareholder in the said corporation, and be entitled to one share for every five pounds of the amount by him so actually contributed as aforesaid, and also, to one vote for every such share. And whereas during the last session of the general assembly, Preamble, the sum of one hundred pounds was granted to aid the inhabitants of the said township of Ayleaford, in the erection of a breakwater lli^\^i-rshall'8 cove pier company, and by Zt name shall and may have succession and a common seal and bv hat name shall and may sue and be sued, plead and be kpleade/ answer and be answered unto, in any c;)urt or caZ.lt:, v eyuiiy, or place >Yiiataoever, and be able and capable in law'to We OP NOVA-SCOTIA. hold, purchase, take, receive, possess and enjoy houses, stores, lands and tenements and real estate whatsoever, materials, goods, chat- tels, and all o iier things, real, personal or mixed, and also to give, Srant, let. assign or convey the same, or any part thereof, and to and execute all other things in and about tiie same as shall ami may be thought necessary and proper for the henetit and advan- tage of the said corporation ; and also that the said company, or the major part of them, shall from time to time and at all ImcA have full power, authority and license to constitute, ordain, niako and establish, change, vary and alter such bye laws, rules and or- dinances as may be thought necessary for tlio good order and go- vernment of the said corporation, provided such bye laws, rules and ordinances be not contradictory or repugnant to the laws and statutes of the province, or those in force within the same : and provided also, that such bye laws, rules and ordinances shall not bo of any force or effect until the same shall have been submitted to and approved by the governor, lieutenant governor or comman- der in chief for the time being, nor until the same shall have been registered in the office of the registrar of deeds for the county of Annapolis. 2. The said company .shall not have, take, hold, posses.s and enjoy at any one time, lands, tenements or hereditaments of grea- ter value than two thousand pounds. 3. The said company, and its affairs and business, shall be un- der the management and direction of a president and such other officers as shall or may be named or designated by the bye-laws of the said company ; and the capital of tljc said company shall be limited to the sum of two thousand pounds, to be divided into shares of five pounds each, and such shares shall be assignable and transferable in such manner e.nd upon such term.s as by the said hye-laws may be also provided and directed. 4. It shall and may be lawful for the said company, when for- med, to build and erect a public pier or wharf at Marshall's cove, in the said township of Wilmot, upon any land or piece of land covered with water to which the said corporation is or may be en- titled, and to put up and erect such stores and buildings thereon or contiguous thereto, on any land to which the said corporation is or may be entitled as they may deem necessary and proper for the accommodation of the public, which said pier or wharf, stores and buildings shall be open and free for the use of all ships and vessels, and persons whomsoever, subject to such rates of dockage, wharf- age and storage as shall be fixed and established by the said com- pany, by and with the consent, sanction and approbation of the court of general sessions of the peace for the county of Annapolis. 5. For and notwithstanding any real estate which the said com- pany may hold at any time, the shares and interest of the share- holders of and in the capital stock and funds of the said company shall be held and deemed to be personal property to all intents and purposes ^vhatsoever. 319 Proviio, Not tr. hold lAndu of (('"'Utfr value tljiiii £2000. PiTiiilent anj OlUctI'!". Capital. May erect a pier, ^c, lit Mar ^"^ Per- storage as shall be fiied aXtabtS/i dockage wharfage and and with the consent, saS InH 1 *l^^ *^' '"'^ ^^^^P^^J. hy neral sessions of the peretrTng^clr °' *'^ ^°"'' '^ S- panvm^'hSarX'Stf r "^^ ?^^ ^^^'^^ *^« -^ com- holders of and in the^cS;! tit '', ^^^'^terests of the share- shall be held and deerneTS hi ^''^^"''^' °^ *^« «^'d company purposes whatsoever Personal property to all intents^S Jch tfe' t%:t:l"^^^^^^^^ ''-^^-g^. or so ken under any writ of executfon Jsll 1^^^ T^' ^^^ ^^ *-' agamst the said corporation, and sold if th^.^ ^J^^gment obtained and chattels may be tbken knSo^Ji *ne same manner as goods diately after such sale tk^and Ivi.'?'^ *^/ t"«" ^h^"' ^^-^e- which deed shall con^y aS transfer *3?, ^''? '' '^' P^^^^^^r, the corporation in the lands, sSes or S nJ' ''*"*' "?** ^"*^^^«t ^f conveyed. ' ^^°^®^ ^^ buildings so taken, sold and the'said'^ctpl'^^^^^^^^ held or construed to give bj.way of dis'cou^n orS ;i e or ±^ ^'°^'"^ °^"^^^^^ rations whatsoever, or to beSunderS? nV"^ ''^'^^^"'^^ ^P'^^ of any ship or vessel or marine rlk o^, ' n ^ /"^ '"'"'^°«« upon any life. ^^' °^ "P^" anj loss by fire, or 8. The names of all the members of th^ o.-a the number of shares owned hT;)! ® ^'^ corporation, and tered in the office of the ,"lt^i oflT"'*^^^^^^^ «h«» ^^ ^egis- no transfer of any share fn«?f/"^' '^ ^^"S^' ^^"nty ; and effectual until the UStVei^^^^^ t" '^ ^^^^ «nd the said office, to the end Tt mav b« S" i ? ''''° ''^''*«^«^ '"^ the persons comprising the said Tor'^rff^ ''^^^^ ^^° ^ ^^o ■ oxtVndSi^ittXt^^^^^^^^^ ^.^ '^ --trued to present or future proprlS^Jther LE^^ '' ^'^^ ^^ '^^ company, from any responsibihtv rS ! ^ '^^''' ^" ^^^ «aid whatsoever to which bvlarrpi^' •"'°*' '^"*^ o'* obligation now are or at any tim Th.lft P''^P"«to'-s or holders of shares ject or liable ha^nr thl acf h'..?^ ^' 'I ''"''^^ ^''^ ^een sub P^my and any other Utv whll ^"^''^ "' ^^^ween such com- soever ; andiery pCSj orToIL'" ^^ TT' '' ^^3^ ^o^" -pany, hi. ian£,Vodst .^^^t «te tjL^ If. ^ ^ OP NOVA-SCOTIA. and to 323 execution that may be issued against the said corporation in the same manner and to the same extent as if this act had not been passed. 10. In every case when any person shall have, before the pas- contributor of smg of this act, actually contributed to the said pier or wharf the m'mr:;""^ * sum of five pounds or upwards, the said person shall be deemed a shareholder m the said corporation, and be entitled to one share for every five pounds by him so actually contributed as aforesaid, and also to one vote for every such share. 11. Nothing in this act contained shall extend or be construed "*'• ""' '" """''''t to extend to prejudice or in any manner affect the rights of her 1!!^%!'" """ majesty, her heirs and successors, or of any persons, bodies politic or corporate, their respective successors, executors, administrators and assigns. 12. This act shall continue and be in force for eight years, and ^»rni\ d*"' m the lending m the office of the registrar of deeds in the county of YarStlT inhpfnril°*^'°l ^^'^''' contained shall discharge the persons here Xarettt'shaTKS^^^^ Srporation ' ^^' "°'^'' '^''"^^'^^ ^««"«d against the of f Int^ « ""^ ^'^'']' ""^^ '^*" ^^ve contributed and paid the sum est^wS wP'";? '' "P^"^*^^' t'^^'^^ds theundertrkht hereby hoHpr L il^^"'" *^' P^'^'^S of this act, shall be deemed'a shared call, L^ ' oorpomtion; and each shareholder hayTnTpaid aU calls on him made which shall at the time be due shaU ll ph Hfl!^ 11. This act shall not affect the rights of her maiestv her bpir, or^successoi., nor of any priyate indi^ual, or bcSf^Jltic ^r '"^^ thif;^ Jr^l^i'^^ ^ '° ^°^^® ^or twenty years, and thence to the end of the then next session of the genml aasembV l.Vic.,chap.37. AN AXJT TO PROVIDE FOR THE REMOVAL OF OBSTRUCTIONS FROM THE LIVERPOOL RIVER, ^saed 2Sth Man^h, IgSO. &°ir.?: -J- Bett enacted ^r.-The governor in council may at,Doint «*«. five commissioners for the purposes of this a«t. ^ ^^ BB gTg OP NOVA-SCOTIA. 2. The commissioners shall have power to remove from the Li- verpool river all obstructions existing between the Indian gardens and Milton, and to erect wing-dfims at such places, and in such manner as they shall see fit, and do all other necessary things so as to facilitate the passing of logs, timber, and lumber, down the river ; and for that purpose may enter upon the lands of private indivi- duals, doing no unnecessary damage. 3. The commissioners may borrow upon their own credit, or upon the credit of the tolls arising from the undertaking, as here- inafter mentioned, such sums of money not exceeding six hundred pounds in the whole, as may be necessary for the purposes afore- said. 4. When the undertaking is completed, the commissioners may collect a toll of such amount and in such manner, and under such regulations for enforcing payment thereof as the court of general sessions, or any special sessions called for the purpose may from time to time direct, upon all logs, timber, and lumber brought down the river between the Indian gardens and Milton, and shall apply such tolls to the payment of the amount borrowed for the comple- tion of the undertaking, with interest ; but no toll shall be levied after such amount is liquidated. 5. The commissioners shall annually submit an account of their expenditures and proceedings, and of the tolls collected, to the ge- neral sessions of the peace. 6. Nothing herein contained shall be construed to sanction a claim on the general revenues of the province, nor to authorize any interference with the navigation or fisheries of the river, further than may be absolutely necessary for the purposes above mentioned, nor to affect or injure the rights of private individuals, further than is herein expressly provided. 325 tommitsloner* may remove ob- structions. Commissioners miiy Ijoriow mo- ney. Cnmmlssioiiers to coliect tolls to be appointed by ses- sion. Commissioners annually to sub- mit accounts. Resti'ictions. AN ACT TO PROVIDE FOR THE REMOVAL OF OBSTRUCTIONS FROM U Vic, chap. M. JORDAN RIVER, Passed .^Ist March, 1851. 1. Be it enacted, (^c. — The governor in council may appoint Ooremor to ap five commissioners for the purposes of this act. Son^e«. '""°* 2. The commissioners shall have power to remove from Jordan commissioners river, in the county of Shelbume, all obstructions existing be- may femove ob- tween the bridge at the post road and a point twenty-five miles "^'"°°'' further up the river, and may erect wing-dams at such places and in such manner as they shall see fit, and to do all other necessary things so as to facilitate the passing of logs, timber and lumber down the river ; and for that purpose may enter upon the lands of privatu individuals, doing no unnecessary damage thereto. 326 May borrow a Burn not exces- dioK £600 CommlBsioners luay levy a toll on completion of undertaking. Tolls to b« applied to iiayment of loan. Commissioners to Bubmit annual account to ses- sions. Does not affect provincial reve- nues, &e. PRIVATE AND LOCAL ACTS upo^n th?crXo'fth°T.ir^ -'"''Z ''^"^ '^'^' °^ credit, or exDenditurpr„T'''''°'!5? '^^" ""''"^"y «"^°^'' '^^ a^'count of their Saltans ^''''"^"^' ''^^ '''''' *°"« *^^^' to the ge- clafm an'it''^ ^'?" "°°**'°'^ '^^" '^ construed to sanction a than ^!t I u , . ?^^'g*t>o» or fisheries of the river, further ttned X^Lt'"*'^^.^''T''y ^^^ '^' P"rP0«e« aboe Sen tW tv.r- I ^* ''' ''"J",'"^ *^® "g^ts of private individuals fur- ther than IS herein expressly providwJ. "^viuuajs lur- Appointment of commissioners. Powers of com- missioners. I* Tic, Chap. 80. AN ACT TO PROVIDE FOR THE REMOVAL OF OBSTRUCTIONS FROM SALTER'S AND WENTWORTH'S BROOKS ON PORT MEBwIy RIVER Passed 31st March, 1851. ioja other j.««a.ry thi«g, so as to facilitate tbeZsZ "'|„t nl^i^ rt?? ^H'^^^eftakings, or either of them, shall be com- pleted, the comimssioners may coUect tolls of such amounts;a^dl ■ May borrow mo- ney. May collect tolls to be levied by general sesflioug. OF NOVA-SCOTIA. 927 such manner, i ', under such regulations for enforcing the same, as the court of ^,cneral sessions, or any special sessions called for the purpose may from time to time direct, upon all logs, timber, wood and lumber, brought down such brooks respectively, and shall Application of apply the tolls arising therefrom to the payment of the amounts '""'• borrowed for the completion of the undertakings respectively, with interest, but no toll shall be levied on either of such brooks after the amount expended thereon, with interest shall be liquidated. 5. The commissioners shall annually submit an account of their Accounts of com- expenditures and proceedings in relation to each undertaking sepa- "''="'°"''"- rately, and of the tolls collected thereon, to the general sessions. 6. Nothing herein contained shall be construed to sanction a Construction ex- claim on the general revenues of the province, nor to authorize any ^'"'°*^" interference with the navigation or fisheries of such brooks respec- tively, further than may be absolutely necessary for the purposes above mentioned, or to aflfect or injure the rights of private indivi- duals, further than is herein expressly provided. AN ACT TO INCOEPORATE THE LEQUILLE MILLS AND MANU- FACTURING COMPANY. Passed Slst March, 1861. 1. Be it enacted, ^c. — Thomas Ritchie, Edward H. Cutler, George S. Milledge, and such other persons as are or hereafter may become shareholders in the company hereby established, shall be a body corporate by the name of the lequille mills and manu- facturing company, for the purpose of conducting the manufacture of cotton and woollen cloths in the county of Annapolis. 2. The capital stock of the company shall be the sum of one thousand five hundred pounds, but may be increased from time to time bv the bye-laws to any sum not exceeding fifteen thousand pounds, to be divided into snares of five pounds each. 3. The company may hold real estate not exceeding the value of five thousand pounds. 4. IS.0 member of the corporation shall be liable for the debts of the company in his person or separate estate, for a greater amount in the whole than double the amount of the stock held by him, deducting therefrom the amount actually paid to the company on account of such stock, unless he shall have rendered himself liable for a greater amount by becoming surety for the debts of the company. 5. The bye-laws and list of shareholders shall be registered in the county of Annapclia. 6. The company shall not go into operation until one hundred and sixty shares shall have been subscribed, and the sum of five hundred pounds actually paid in on account thereof. 14 Vic, chap. 9. I«« Anderson, and such other persons aa are or may become shareholders in the company hereby established shall be a body corporate, by the name of the^'PictoJ fishing and trading company," for the purpose of prosecuting the of five ti:n7;oYnr ''^' ""' ""^^ ''' ^^"^'<^ *^° ^^- mtd.'^tfT^l '^^ ''^H:' '°^P""^ «^'*" ^^ o«e thousand pounds, but may be increased from time to time by the bve-lawa to any sum not exceeding ten thousand pounds, to le divi/ed into shares of five pounds each ; but the c^pany shall not go nto STirofT ^"'^'^red and sixty shar'essiall be subsTri^' thereof ^''''^^ ^'*"^"^ P^'^ ^° °^ «««0"^* ««.L.^'' w "V^' °^ *^^ ^^°^P^y ^^^^^ ^^ "'^ble in his person or separate estate for a greater amount in the whole than double the anjount of the stock held by him, deducting therefrom the amount actually paid to the company on account of such stock, unless he shall have rendered himself liable for a greater amount by beco- ming surety for the debts of the company ^ *J'.J^^%\r'^^'^? ^"^ ^l'*,^^ shareholders shall be registered in the office of tne registrar of deeds in the county of Pictou. 14 Vic, chap. 13. AN ACT TO PROVIDE FOR EXTENDING THE EASTERN SHORE ROAD IN THE COUNTY OF HALIFAX. Passed 31st March, 1851. 1. Be it enacted, ^c— So soon as any person shall give secu- rity to the satisfaction of the governor, in such manner and to such imount as he shall direct, that. tliA Avtonainn «p +i,« ^ i.. Oorernor may ap- point commission- er to lay out the shore road and expend £10,000. --.^ . — — -™„„„^ „^ i."ogwYoiiiui, lu buun manner ana to such amount as he shall direct, that the extension of the eastern shore road in the county of Halifax, from Musquodoboit harbor to Shin harbor, and other settlements lying on the eastern coast, will be commenced without delay, and that monies for that purpose to the OF NOVA-SCOTIA. 329 to lie |iai(l to Ivn- ilei' thtrcof. extent of ono thousand pounds wiU be forthwith provided and paid and advanced during the progret . ^l the work as may be required ; tha governor may appoint a commiasioner or commissioners for the purpose of superintending the expenditure of such monies, who shall lay out the same in opening and completing the road, and shall return, upon oath, to the office of the provincial secretary, a iull and accurate account of the monies expended thereon. 2. Intil the monies so advanced, with interest thereon, shall '^'^^ ™; bo repaid, there shall be annually appropriated out of the monies ...Hd^ ..iki i.pi,i«e» granted for the service of roads and bridges for the county of Ha- lifax, one third part of the sum so advanced, with the interest then due, to be paid to the lender thereof, in whose favor the governor may draw warrants on the treasury for such yearly amount, and if the monies so allotted shall be less than the third part of the sum advanced with the interest, in any one year, the whole monies granted shall be appropriated for such purpose. 3. In case hereafter no monies shall be granted or appropriated for the service of roads and bridges in the county of Halifax, no- thing herein contained shall be held to be any pledge, guarantee, or lien of or upon the public funds or revenue of the province, for re-payment of the monies so advanced. Ill case Lionioniei ^.'liiiitcd lorioiirts, &e., )uililic niiiilK not to Iw jiledgcd. AN ACT TO PROVIDE FOR THE ERECTION OF A COURT 1I0U.SK IN "Vic, chap, 3. HALIFAX. Fagged 7th April, 1851. 1. Be it enacted, »^«.— The grand jury of the county of Hali- fax shall present, and the court of sessions shall confirm, two-thirds of such sums of money as may be necessary for the erection of a court house in the county of Halifax aa hereinafter mentioned, as well as for providing a site therefor. 2. Such building shall be erected on the site known as the poor house burying ground, in the city of Halifax, if the same can be obtained for the purpose, and shall be of stone or brick at the option of the grand jury and sessions, or of the supreme court, if they shall neglect to act as hereinafter mentioned. 3. The grand jury and sessions shall cause to be procured, plans for the erection of the building, and after the same have been subjected to the inspection of and have been approved by the go- vernor in council, shall proceed to the erection and finishing of the building. 4. The court house shall contain two rooms for the supreme court, with such robing and jury rooms as may bo necessary ; an apartment for the law library, offices for the prothonotary and re- cistrar in chancery whenever it may be necessary for theto to 42 Grand jury to present sums of money for court house. Building to he erecteul)lit' IuikIh. IfKrand Jury uiid ae»sloii9 ncplect, »u|>rerao court to amerce. PRIVATE AND LOCAL ACTS remove from the rooms in the provincial building now occunied bv them, and apartments for the k'eeper of the buiK ^ .). Ihe courts of chancery and vice admiralty shall have the use of the court rooms and other apartments in tl/bSnfirmay be required, but not so aa to interfere with the occuiit^Sn theS uJo ttrSSb"'*^^ P^°^*^""'^ other coUmayTo govetr in coundr *^"'"' '"^ ""' "^ °^^^ "^ ^'^^'^"^ '^ ''- ou'of the'S fund's' '^' '' *'^ ^^ ^' ^"^^^'"^ «^^» ^ P-^ nJ'rr. t" ''"^*' *^'° grand jury and sessions at their June term shall not make arrangements for procuring the plans and siteTectine he budding and assessing therefor with all convenient sp^tfif 8. e shal Ibe purchased under the direction of the supreKourt who shall also order the plans and whenever the samoTe appro! thtdfof ir''"°"" «ou«cil, shall amerce the county forXo- thirds of the sum necessary to erect and finish the buildine aiid shall proceed to erect and finish the same. ^' 14 Vic, ehaji. 28. Oraiid Jury may IircHciit £200 for lii'w tire engine for Dartmoutii. To I)c levied on inhabitants in Dartmouth. AN ACT RESPECTING FIRE ENGINES AT DARTMOUTH. Passed Slst March, 1851. Such persons as hare piiid any mo- nies under 10 Vic. cliap. 29, shall re- ceive credit there- for. 1. Beti enacted, ^c-lhe grand jury of the county of Ha- lifax may present, and the general sessions may confirm Ys« exceeding two hundred pounds, to provide a new fireen^ine fo "he old one. "^'^' ^"^ of Dartmouth, and tf r^pSthe 2. The sum so presented and confirmed shall be asaP«.H«l i« vied, and collected from such only of the ^haWtLte orStmouth as may be resident within the Lits following, yh] Sh Jh, space of one mile, measured in a southwardly, eastwardt and northwardly direction, from the steam boat cJmpanyTwfiarf in Dartmouth m the same manner and by the same mewis iral re spects as If assessments for the purpos^ aforesaid had Uen orid nally by law confirmed to such limits. ^ 3. Such persons as have paid any monies on account of th^ assessment made for such purpose under the a<;t S Victoria chapter twenty-nine, shall receive credit in the assent heS authorized for the amounts so paid by them respectively, and if any par of the momes so collected shall have been paid by partii no^ lab^ to the assessment hereby authorized when the LTsK levied, such monies shall be returned to them by the county ea urer out of the funds so collected and now in his bands deLtin; therefrom m the first place all monies expended in reiS thf engme heretofore in xm in the town of IDSimZH^ '^'^""S the I .. i ' U'tf/.G. /i^ t^. f4e*^L^ ffri Lf^ Three. toot. Five. PRIVATB AND LOCAL ACTS Street ; thence running westwanlly through the centre of sni.l H ree to Barr.ngton street ; thence northwardly througl the cet tre of saul street to the atreet known as the Spring (jLen rmd • n .elf "tT?' '^ J^ ""i? '''''' ^e«twafdly^to the ter„.ina: tion hereof; thence southwardly to the road which leads to the Northwest Am. past Studley /thence westwanlly hy the ent e of 8a,d road to the Northwest Arm ; thenee by t^.o sho e south! beSng.*^ '"'"'^"'^'^ ^^ '^' courses' of the sho^^o to the place of tre^ifSe'swharrT"''' '" '^' harlx,r of Halifax atthecen- S.lkvmr .!-,'• ^'l*'"*'^ "■"""'"« westwardly by the centre of hackv.l e street until it intersects the road which croHses the co.u- Zo'l'T '""' f ''"^^i ^'" ' '^'^'^^ northwardly and e t wa iy nf T 1- , r^^'^^^'l A"n ; thence southwardly by the courses No LSt\t?hv%;^rT^ '^ ?« ^°»'' whi^-h^leads to th; ,n,ri fu ^ '^*"'^'®>'' ^'«'"« the northern hounds of ward S^orinTc'^a d^r 'Trf^.^y *»'« centre of said road and ^ roS ti ri/n? .i' ^*7»gt«» street; thence southwardly preTfrgi;;^^' ""'"^^^"«' ^^-- ^^ ^^« cLloTe een^Jiro^Rvt's' whfrT''' '" '^^ ^"^^^'' '^ ""'i^'^^' '^t the cenirc ot Kyan s ^\harf thence running westwardlv bv the rentrf. of Duke street across the citadel hill to the road wKcKosse^^^^^^^^^ common .n the reur thereof ; thence southwardly by theTntre of the said road until it is intersected by SackviUe street thenc« eastwardly through the centre of Sack^ille stre to the 'p^Tof ;?aro?begrint""' ""'" '''''' ^'"" '•'' ''' "^"^'^^^ Numherfour. Commences on the harboi of Halifax at fh^ centre of Leppert's wharf; thence running v'e tl-dly by the cc^n^ re of Jacob street to Barrack street ; theto norhwardlv hromd; the centre of that street to the street which leads wes wa^ pas Lr of'^Jt J^^^^^^ ""^"^'^ f--«« the common TnTh rear ot citadel hil! ; thence southward y by the said road to tho northern line of ward number three; (hence ea^ warX b. the said line until it strikes the centre of Duke street ; thence thmui the centre ot said street eastwardly to the place of commencement of ward number three: thence by (ho harbSr to the place oTbe- Number five. Commences on the harbor of Halifsv of iV. south-western corner of the Dockyar.1 waH thence ruS/lest ZnlVX'CZl f^«-*«^ street to G^ttingen street Vence nortnwardly by the centre of Gottingen street to north strPPt • until i. .««h«lhe-b«,i.w£h ™rSWleT«ht™TA™; OP N0VA-8C0TIA. 333 9U. thence southwardly by the shore of the said Arm until it niocts the northern lino of ward numlier two ; thence l)y the Hiiid line onst- wardly throuj^h the centre of windmill hill road to the road which cro88e« the common in the rear of citiwlt'l hill ; thonoo northwardly by said road until it is intersected by the road which runs wext- wardly from Barrack street past the North Uarraoks ; thence east- wardly through the centre of said street to Harrack street ; thence Bouthwardly by the centre of said street to the centre of Jacob street ; thence eastwardly by the centre of said street to the ])ln('e of commencement of ward number four ; thence by the harbor to the place of l)eginning. Number sir. (.'ommences at the south-western corner of the Dockyard wall ; tlience running northwardly on the eastern side of the Dockyard, by the shores of the harbor and liasin north- wardly to the place where the Basin road is intersected by the road running through the Dutch village by Titus Smith's : thence southwardly by the said road until it intersects the road leailinj; from the town of Halifax past Ilosterman's mills : thence eastwardly through the centre of said road until it meets North street ; thence eastwardly through the centre of North street until it intersects Gottingen street ; thence by the centre of (jottingen street until it is intersected by Gerrish street ; thence eastwardly by the centre of Gerrish street to the place of commencement at the south-west corner of the Dockyard. 5. The mayor and ildofnen shall constitute the city coum i. citv comuii. t). The numbc . aldermen shall be in all eighteen, three re- Aui.rmen. presenting each ward. 7. There shall be two officers for each ward, to be called ward >v»ra Mmion. assessors. 8. The city council shall have the power of making bye-laws, and shall ulrainister the revenues and finances ut' the city— -hall have the charge and care of the city property — shall conduct its local government, and be authorized and competent to make, enter into and accept all contracts in relation to the business of the cor- poration. 9. The present mayor, alderman, recorder, city clerk and other continuation ur officers of the city of Halifax shall respectively continue in office, i"'-''"^"' "'«^«''- and be bound to serve for the residue of the tern s for which they have each been elected or appointed. 10. Immediately after passing of this act, the city council shall i-istj of aldermen' make a list of the aldermen, by placing in numerical succession the six wards, and under each ward the names of the present aldermen in order of seniority, so arranged that those whose terms of service •will expire soonest shall have priority ; and every alderman here- after elected shall be entered also thereon from time to time, pro- vided any alderman elected to fill a vacaney shall take the place on the list which the person he succeeds previously held. Powers of city council. 334 PRIVATE AND LOCAL ACTS ELECTIONS. Election of mayor, Elector's quallfl cation. Qualiflcation of mayor, &o Disqualificationa fur office. Eligibility, how deturmined. Day of election. Evidencff of pay- ment of ratea. tJ}'r.uP'^ ^^^1}°"^ of mavor, aldermen and ward assessors shall etr/toT^etl^ '' '^" ^''' ^'^ '^ ^'*°^^ ^" '^' P'«^«°* «"^ mall u '''■'^®'* to qualify a citizen to vote at any election of mayor aWerman or ward assessor, he must be a natural born or naturahzed male subject of her majesty, of the full age of twenty- one years, not attainted of treason or felony, and mSst also have res.4d m the cty of Hali&x for one year previous to the eLctTon! ;lt;rul^Etiir "' ^'^ ^^^^ ^^^^^^^ '^'^^^ *^« ^^- n»t^^ ^T""^ ^^"'"i^ ^ ^^°P' ^tore or office in the city, and con- ducting a business therein on his own account solely, or as a re- cognized partner in business, for three years previous to any elec- Sll k *^°'i°- ^'«J«^>t"'^ '' «"* ''f th« ^^^y^ be deemed to dwell m the ward m which he conducts his business, and, being otherwise quahfi«l, shall have the right of voting therein. ' ^ nr L A "^^ ^ ^ ^^^i^e^ to be eligible as mayor or alderman, or as ward assessor, h^ must in addition to the qualifications ne- cessaiy to a voter, be the owner in his own right of property within the city, real or personal, of the value of five hundred pounds be- yond the amount he may justly owe. Every ward assessor shall have been resident for one year before his election within the ward elecfang him, and no citizen shall be eligible as mayor unless he shall previously serve for one year as a member of the city council. 14. JNo person in holy orders,— no minister or teacher of any religious crngregation -no judge or clerk of a court,-no minis- terial law-officer of the crown,— no person accountable for city taxes or revenues,— no person who having collected city taxes or revenues has not settled fully with the city for such collections — no person in receipt of salary from the city,-and no acting in- spector or poll clerk at a city election-shall be eligible as mayor, alderman, or ward assessor. "^ 15. The city council shall have power to inquire into and de- termine on the eligibility of persons returned as elected to office as mayor, alderman, or ward assessor; and if they find a person re- turned who is in their judgment not capable by law of being so elected, they shall declaie the office vacant, and direct a new elec- bon to take place. 16. On the first day of October next, and thereafter on the same day annually, the mayor, the senior alderman of each ward ana the ward aasessors, shall go out of office, and the citizens qua- lified to vote sha 1 assemble and give their votes in the several wards m which they dwell, or in which they have paid rates on their last assessment, for a mayor, for an alderman in each ward, and tor ward assessors. 17. The evidence of payment of rates by a voter shall be the receipt signed by the city treasurer, or by his agent appointed with OF NOVA-SCOTIA. 335 tlOIM. the consent or recognition of the city council, which receipts shall be produced at the time of voting, and lodged with the presiding officer. 18. The elections shall be conducted in each ward before one Conduct of eicc- alderman presiding, and two or more inspectors. Such inspectors shall be qualified as voters and resident in the ward, and shall be each sworn before the mayor, to the faithful discharge of his duties. 19. Before any election the city council shall appoint the al- Presiding officers, derman to preside thereat ; and three inspectors for each ward shall annually be appointed by the council twenty days before the gene- ral election, who shall be also inspectors of all spcial elections held in the ward for the ensuing year. Any two inspectors may act. Vacancies in the office of inspector by death, inability or refusal, to be filled up by the council. 20. The alderman and inspectors shall receive, sort, count and to count votes. declare all the votes given in the ward. 21. The poll clerk shall be appointed by the alderman presi- roiicierk. ding. The poll clerk shall be sworn by the alderman presiding to the faithful performance of his duties. 22. Ten days before any election, notice shall be given by the Notice of election. mayor of the place or places where it is to be held, the day and hour of beginning, and the name of the alderman who is to preside at each ward. This notice shall be published in at least three of the city newspapers. 23. The poll clerk shall make a fair and true record of the poii derk'a duty. election, and keep an exact journal of all the votes and transac- tions, entering each voter's name, and that of the street in which he lives, and any other fact the presiding officer requires him to note down. 24. Candidates shall be named by citizens duly qualified to Candidates. vote. All votes given for any person who has not been so nomi- nated by some duly qualified citizen of the ward, shall be consi- dered as thrown away. The citizen nominating a candidate must lodge his tax receipt with the presjiling officer. 25. The votes shall be given by the citizens at the elections by vote i)y bauot. ballot. The ballot shall be a paper ticket which shall contain in writing or printing, or partly written or partly printed, the name of the person or peraons for whom the elector intends to vote, designating on the back the office which the person named inside is intended to fill. Each voter shall deliver his ballot folded up to one of the inspec- tors. The inspector shall ascertain that the ballot is single, without reading it, and then shall deposit it without delay in the ballot box. 26. There shall be in the charge of the alderman presiding, Bauot boxes, one or more ballot boAca. 336 PRIVATE AND LOCAL^ ACTS £.xti'u bitlluts Poll, holdiiiK of. When the mayor, aldermen and assessors are to be elected, there shall be three ballot boxes in each ward, to receive separate ballots trom each voter for the different officers. No ballot shall contain more names than there are persons to be chosen to office. No ballot shall be rejected because found in a box to which It does not belong, if otherwise correct; but a ballot 0, .otcs. 29 If there shall be at the final closing of the poll, an equal number of votes polled for two or more persons, the presiding offi- cer shall give a vote for one or other of the persons having such equality of votes, in order to give a majority to one of them, and determine the election ; and the poll lists shall, by the officers hoi- ding the same, be delivered on or before the day next after the con- m^^ mi.^"^^ elections, to the clerk of the city, to remain in his ofhce. They shall be open for inspection to any elector on the payment of the fee of one shilling. 30. The presiding officer may at any time give public notice that unless some voter shall come forward to poll within an hour the poll will be closed ; and if no voter comes forward within the hour the poll shall then be finally closed. 31. An inspector refusing to act, or declining or omitting to be sworn, for five days after notice of his appointment, shall for- feit and pay for such offence five pounds fine to the city. 32. Any person knowingly and wilfully voting at any election in the city held under this law. when not entitled so to vote, and fully aware that he is acting illegally; any person fraudulently putting in more than one ballot when voting ; and any person who shall vote in more than one ward at any such election, shall forfeit and pay to the city the sum of ten pounds for every such offence Poll closed by proclamation. Penalty on inspcc tor. Penalty for frau- dulent voting. aud " sworn" 34. or wvA-sooTiA. 337 88. Every pinion deuroos of voting at any eteetion for mayofy iuetw>iofttb. aldermen or ward assessors, shall, befi>re his vote be entered on the poll lists, if required by the officer or person holding any such election, or by any person qualified to vote at the same, make oath to the particulars of his qualification, and that he has not before voted at such election ; which oath the officer or person holding such election is hereby directed to administer as follows : Elector's oath. I do swear, that I have resided in this city for one year or upwards now next preceding unless temporarily absent, [or have carried on business in this city for three years previous to this election, as the case may be,\ and that I am of the age of twenty one years or upwards, and am a subject of our lady the queen, and that in the last ssessment I was rated in this ward No. — for fior and city rates, and that I have paid the same in fall, and that have not before voted at this election, or any other election which is at this time being held for any other ward, and that I am the person mr-tA in the receipt of city treasurer now produced. So help m I Wl' ■ a voter shall be so sworn, the poll clerk shall mark opposite his name in the list of voters in his poll book. If any person shall knowingly swear &lsely as to any of Perjury. the particulars of his alleged qualifications as a voter, he shall be guilty of perjury. 35. If any person at an election, for the purpose of giving a ^oSS"' ^"^ "*"* vote, shall knowingly and fraudulently offer a forged or altered re- '° "** ceipt of the city treasurer or his deputy, or such a receipt belong- ing to another person as his own, — or shall vote falsely under the ateumed name and character of any voter, he shall forfeit and pay to the city ten pounds, or shall be imprisoned for not more than six months in de&ult of payment, and in every such case shall be incapable of voting or holding office in the city for the next seven years. 36. The alderman presiding at every election shall on or before R«turn orptnou the next day make a return to the clerk of the city of the names *'**"**■ of the persons having the majority of votes and declared by him electied, and when an election of mayor lakes place, a return also of the names of the candidates and of the number of votes given for each. The poll books and lists shsdl also be delivered to the city clerk l?"^" bbok«, ac. to With the returns. The term of office for an alderman shall be three years, unless AMemu't tma when he is elected to fill an extraordinary vacancy, in which case "' °®"" he shall serve for the unexinred portion of the term of his prede- cessor only. 37. In an election of niayor, the council shall, in public, cause i>«ci«uiott ot the returns to be read, — the votes for each candidate summed up ; '°'""" and the person who has the greater number of votes in his favor, 48 338 Iiuality ofTotcf. Publication of election. Presiding officers' powers. Okth* of office, i R'tiriog mayor to fill new mayor's place aa alder- man. PRIVATE AND LOCAL ACTS more than any other candidate, shall be declaredio be the mayor, on the same day or the day following tlie election. In case of an equality of votes for mayor, the mayor or alder- mt presiding in council shall by his casting vote decide which of tht candidates shall be mayor. 38. The result of every election shall be published in the next gazette. 39. The presiding officer at every election shall have full power to preserve peace, order and decency. All persons present are bound to obey him in so doing ; and he may commit any one offend- ing in this respect. The offender shall be sent to gaol for twenty- four hours, and shall be also guilty of a misdemeanor. OATHS OP OFFICE. The mayor, aldermen, and ward assessors shall, before entering upon the duties of their offices, respectively be sworn, by taJking and subscribing the oath of allegiance, and'^oath of office. These oaths shall be administered to the mayor elect before the governor, or in his absence before the chief justice or one of the judges of the supreme court,; in the presence of three aldermen. The alder- men and ward assessors shall be sworn to these oaths by the mayor, after he has himself been sworn into office. A certificate of such oaths having been taken shall be entered by the city clerk in the city minutes. The oath of office shall be as follows : — I, A. B. do swear that I am duly qualified as required by law for the office of , that I am seized or possessed of, as the owner in my own right and for my own use and benefit of real or personal estate in the city of Halifax of the value of five hundred pounds, beyond the amount of my just debts, and that I have not obtained the same by fraud or collusion to qualify myself for office, and I swear that I will faithfully perform the duties of ■ , while I hold the office, with diligence and impartiality, to the best of my ability. So help me God. The blanks shall be filled up with the name of office before the oath is taken or subscribed. After an election for a mayor is held, until the new mayor shall be declared to be elected, and shall have been sworn into office, the mayor previously in office, or if there be a vacancy, the alderman presiding in the city council, shall exercise the functions of mayor. If the person elected mayor shall be an alderman at the time of his election, having an unexpired term to serve in that office, the retiring mayor shall occupy the place and office in the city council of the mayor then elect, for the rest of his term, unless the retiring mayor give notice to the contrary to the city council in writmg, within two days after the new mayor is sworn in. the major, ir or alder- 3 which of in the next 5 full power >reseQt are one offend- Ibr twenty- re entering by taking :e. These ) governor, judges of The alder- the mayor, be entered ed by law of, as the of real or e hundred [ have not r for oflBce, F- , 9 the best before the ayor shall office, the alderman of mayor. be time of >ffice, the by council e retiring L writing, OF NOVA-SOOTIA. VACANCIES. 33d Vacaaciei in olBc* •uppliea. Elections theri*. for. Officers, except mayor, luay b« re-elected. Cflseofdoubl* return. 40. If any extraordinary vacancy occur in the office of mayor, alderman or assessor ; on a day fixed by the mayor, or if it be a vacancy of mayor, by the senior alderman, after at least four day's notice the voters shall elect a qualified person to fill the vacant office. 41. The election for a vacancy shall be conducted in all re- spects in the same manner as ordinary elections under this law. 42. All officers of the city who shall go out of office shall be capable of immediate re-election, if then qualified as required by law. But no person shall be re-elected to the office of mayor until at lea«t one year after the termination of his last occupancy of the office. 43. If at any election of alderman, any person shall be elected for more than one ward, he shall within three days after make his option, or on his default the mayor shall determine for which ward he shall serve, and another election »hall be held in the vacant ward. 44. Any alderman may resign office on payment of twenty pounds to the city. His resignation shall be in writing and signed. 45. Any mayor or alderman who shall accept any office or si- tuation, that would have rendered him ineligible, shall become dis- qualified to act further as mayor or alderman. 46. Any mayor, alderman, or other officer who shall obtain an office or position which would exempt him from serving in the city office he holds, may resign his city office by written declaration de- livered to the clerk of the city without being bound to pay any fine or penalty. 47. Any mayor or alderman, bankrupt, insolvent, or com- pounding by general deed of assignment with his creditors, shall become disqu^fied. 48. Absence of the mayor from the city for more than one month, and of an alderman for more than three months, shall va- cate their offices, nnless in case of serious illness, or special leave previously obtained from the council. 49. All special vacancies of office from death, loss of qualifica- tion, e:.emption, bankruptcy, insolvency, compounding or absence, shall be declared by resolution of the council before proceeding to fill up the vacancy. PENALTIES FOR REFUSING OFFICE. 50. Every person duly qualified who shall be appointed or Penalties for not elected to the office of mayor, alderman, inspector of elections, au- *^*''"'" *' ditor or ward assessor, shul accept the office, or forfeit and pay to the treasurer of the city to and for the use of the city, a fine as 4U11^«*m 4ltA^ ta t-zx at^TT • trtw ♦V»A TkAn _ a /»/> a v\f o n nn f\T 4'nA ofllfP '^T TrtOTT/Mf* ft fine of thirty pounds;— for the aon-acceptance of the office of Resignation of aldermen. Disqualiflcatlons by aoccpt&nce of office. Resignations of uffice. Bankruptcy, &c. "f mayor or alder- ELan. Absence of mayor or alderman. Special vacanclss. 340 Elfctlon evidence ofqualiBcatlon. PRIVATE AND MOAL ACTS jJderman, twenty pounds ;— and forthejaon-acoeptance of the office of ward assessor, a fine of ten pounds ;— and for the non-accept- ance of the office of auditor, a fine of five pounds;— and for the non-acceptance of the office of inspector of elections, a fine of five pounds. The election to any office shall be presumptive evidence of qua- lification on the part of the person elected, unless he make oath i! ^^^ mayor that he is not possessed of the qualification for the office required by this act, in some particular to be stated in such oath; ana every person so elected shall accept such office by taking the oath of allegiance and oath of office, within five days after the notice of his election, or shall be liable to pay the fine for his non-acceptance of such office, and such office shall thereupon be deemed to be vacant, and shall be filled up by a new election. EXEMPTIONS, ExemptioM from 51. No pcrson disabled by sickness, lunacy, or imbecility of wMitie.. mmd shall be liable to such fine. Every person so elected, who shall be above the age of sixty-five years,— or shall ah-eady have served such office, or paid the fine "or not accepting such office, within five years preceding,— or who shall have served for two years as a member of the city council,— also, every person who shall be a member of the legislature of this province,— or who shall be a member of the executive council,— or who shall have been a member of the executive council, or of the legislative council,— if such exemption be claimed within five days after notice of his elec- tion, shall be exempted from office. Military, naval, or marine officers m her majesty's service on full pay, the surveyor general, the adjutant general of militia, the provincial secretary, clerks in public, civil or military departments, the postmaster general and his deputies, custom house officers, the sheriff and coroners, the clerks and commissioned officers of the legislature and the execu- tive council, and schoolmasters, shall be excused from serving any office in the city, and not liable to fines for not serving therein. Auditon. OFFICERS. 52. On the third day of October in the present and ev^ty suc- ceeding year, or as soon after as the returns of the members elect shall be complete, the members of the city council shall elect from persons qualified to be aldermen, by a majority of votes, two per- sons, auditors of the city, whose duties shall be prescribed by the bye-laws of the corporation. Every such auditor shall continue in office until the first day of October in the year following his elec- tion. No member of the city council, nor any paid officer of the said city, shall be anditrtr. Tn muun nf vanan/m ^wu.n,»:.,~ aL^ council may appomt an auditor for the res)du« of the year. Off NOVA-SOOTU. 341 58. On the fifteenth day of October, in every year, the city eoancil shall elect, by open voting, the following officers : A recorder. A city clerk and an assistant. A city treasurer. A city marshal. A clerk of licenses. Two constables for each ward. Two clerks of the market. Two or more weighers of flonr and meal. One or more commissioners of streets. One or more supervisors of streets. One collector f-^c each ward. One or more pound keepers. 54. The city council shall prescribe the duties of all officers of the city by bye-laws, wherever the law has not expressly appoin- ted and prescribed their functions. 65. All officers of the city shall give such security by bonds with good sureties or otherwise, as the council shall direct and approve, and it shall be the duty of the council to demand such securities from every officer who collects or receives monies for the city, or has the special custody of property or funds of the city. 56. All bonds and securities taken in the name of the city or for its security, shall, before being laid before the council for ap- proval, be submitted to the recorder, in order that he may certify that he is satisfied with the form in which they are drawn, and also of the regularity of the execution. 57. At the election of any officer whatever by the city council, there must be twelve members present, besides the mayor or chair- man ; and a majority of the actual number present, the mayor or chairman being included in that number, must concur in such election. 58. If the council shall not complete the election of officers on the day appointed, they may do so at any adjourned or special meeting afterwards. 59. The council at the election of officers annually on the fif- teenth day of October, may appoint such additional officers of any kind as they may deem necessary or expedient, to carry out the powers vested in the city corporation by law, and may remove any such officers at pleasure, and appoint others in their place. 60. The annual salary of the mayor shall be two hundred and fifty pounds ; of the recorder, two hundred pounds. The yearly salaries, compensations and allowances of all other officers of the city shall be such as the council of the city may from time to time settle and appoint. 61. WocHoever the city coundl think it necessary that any of the officers of tie city sludl be restricted from being engag^ in efficient and satisfaetory perfermance of his duties of office, they Other olt7 oil- een. Duties of offleen. Security for offl* cers. Approral of bonds. Election of city officers. Adjoummeat therelbr. AppolntmeDt of additional offi- cers. Salaries of mayor, recorder, jtc. Officers may be restricted from other businens. 342 PRFVATB AND LOCAL ACTS shall have power, whether by bye-law or resolution, to impose con- ditions to prevent the engagement or connection of their officers with any business or occupation they think objectionable, and to annex fines, suspension, or forfeiture of office, to any disobedience v^u» fcr un. 62. Any person not duly qualified and appointed, who shall assume the duty or presume to exercise the functions of any city oflice, shall pay a fine not exceeding ten pounds with costs, or not paying s^U be committed to gaol for a term not over thirty days. Any officer who having been dismissed lawfully shall continue to act as if m office, shall be liable to the same fine or imprison- ment. * proper Miump tioDofofllcei. Treaturer : Payment of mo- niei by. To collect ratei, Ac. Commiiitoiu— Not to exceed £300. To give receipts for payments. To be sworn into office. Togtrenewbondi if required. To be responsible until successor appointed. TREASURER. 63. The treasurer of the city shall not pay any monies of the city without a written order for every payment, wgped by the. mayor, or in his absence by the alderman presiding in the place of mayor, and countersigned by the clerk of the city ; nor shall he pay such money unless the same bo warranted by the express terms of this chapter, or of some bye-law or resolution of the city council. -^ 64. The city treasurer shall receive and collect all rates and taxes payable by the inhabitants of the city under this act, and shall also receive all other monies of the city that are paid over to him, and be responsible for the same ; and shall also have all the powers and perform all the duties belonging to the treasurer of the county of Halifiix, under any laws which now are or shall hereafter be in force. He shall be allowed five per cent, commission on rates and taxes collected by himself from individuals, two and a half per cent, on all monies received by him from any of the officers of the city. If the commissions in any one year exceed three hundred pounds the excess is to belong to the city. 65. The treasurer shall, on request, give a written receipt to any person j t,ying him money. 6G. The city treasurer before acting as such, shall be sworn betore the mayor to the faithful perfonnance of the duties of his office, and shall execute a bond to the city with two sureties in the sum of two thousand pounds, conditioned for the feithful perfor- mance of his official duties, in such form as the mayor may direct or any bye-law require. The bond and sureties must be approved of by the council. Whenever it appears requisite to the council they may require a new bond, or additional or other sureties from the treasurer ; on his non-compliance for ten days they may vacate his office and elect another treasurer. In everv Catia thn IvAaanroi* »nA Ilia anwafioa «s«v.»:«. -.-^ is^M^ to the city for his acts and omissions ] and his official character OP NOVA-SCOTIA. 343 continues, until the same person or another is elected treasurer sworn into office, and his bond and sureties fully ^PP'o^^^^^^y Jj^ council; unless by express order of the council to the contrary 'T"'fc=Jer 5^^^^^^^^^ in books to be kept for that .b^- ^ ^^^ purpose, enter true accounts of all sums of money by him received Snd paid as treasurer, and of the several matters for which such sums shall have been received and paid ; these books shall at all seasonable times be open to the inspection of any of the aldermen. ACCOUNTS. 68. All the accounts of the treasurer, with all vouchers and i^-;*^':'- papers, shall in May and November in every year, Resubmitted L the treasurer to the city auditors, and to such members of the council aa the mayor shall name on or before the first day of No- vember in every year, or in case of any extraordmary vacancy of office, within ten days next after such vacancy, for the P^rpose of being examined and audited from the first day of November m the yearVeceding to the first day of May and from the first day of ky to the firet day of November, m the yeann which the audi- tors shall have been elected; and if the accounts shall be found to be correct, the auditors shall so certify. After the accounts shall have been so examined and audited in the month of November m every year, the treasurer shall make out in writing and cause to be printed a full abstract of his accounts for the year, and acopy shall be open to the inspection of all the rate payers, and copies thereof or extracts shall be deUvered to all rate payers applying, on pay- ment of a reasonable price for each copy or extract, to be fixed by *^ er^The clerk, treasurer, and all other officers of the city, shall Account. »'J»; respectively at such times during their continuance in office, and deuv^ed. also within three months after they shall respectively cease to be in office, whenever the council shall direct, dehver to them a true account in writing of all matters committed to their charge under this act or under any law relative to the government of the city, and also of all monies which shaU have been by them respectively received aa city officers, and how much thereof shall have been paid and disbursed, and for what purposes, with proper vouchers. ^ 70. Every officer of the city, and every person who has held a f^«u ^ city office, shall at all times when ordered so to do by the city coun- cil or by the mayor acting in conformity with any law, bye-kw or resolution of the city council, immediately pay over all such mo- nies as may be in his hands belonging to or be due by him to the city, into the hands of the city treasurer or of such person as the order may appoint to receive the same. . 71. Every city officer or other person having possession or con- a^gk^jic. ^^b. trol over any books, accounts, documents or papers belon^ng to ^.^ted. the city, or wui^u lue ex^jr cvuu\^« aww ^ j — — o— * ^ - » 344 PRIVATE AND LOCAX AOtS at onee delivier the same to the city clerk when fequired by the city council or by the mayor. pen»itieBforr«ft>. '2. Tf any person shall refase or wilfully nesleet to account ».u>.ocount,ic. with the city council for his oflBcial receipts and payments ;-to pay over money which he owes to or withholds from the city, and for which he has become responsible as a city officer ;— or to deli- ver to the city clerk any books, accounts, documents, or papers in which the council have a right of property or inspection op the citv s behalf : then and in every such case on complaint mai'e on behalf of the council of any such refusal or wilful neglect, to any j^tice of the peace for the citv, district or county wherein such officer or person shall reside or be, such justice of the peace shall issue a warrant under his hand and seal, for bringing the offender before any two of her majesty's justiv es of the peace. Upon the offender not appearing or not being found, the two justices shall hear and determine the matter in a summary manner. If it shall appear to such justices that any monies remain due from such offi- cer, on non-payment thereof bv warrant under their hands and seal, they shall cause such momes to be levied by distress and sale of the goods and chattels of such officer; and if sufficient goods and chattels shall not be found to satisfy the said monies and the charges of the distress,— or if it shall appear to such jusUces that such officer has wilfully neglected or refused to deliver such ac- count or the vouchers relating thereto, or that any books, docu- ments, papers or writings, in the custody or power of such officer m his official capacity, have not been delivered as aforesaid, or are wilfully withheld,— then and in every such case, such justices are hereby required to commit the offender to the common gaol, there to remain without bail untU he shall have paid such monies, or shall have made satisfaction to the council,— or until he shall have delivered a true account, together with such vouchers, or until he shall have dehveredup such books, documents, papers and writings, or have given satisfaction in respect thereof to the council : pro- vided always, that no person so committed shall be detained inpri- 8on for want of sufficient distress only, for a longer space of time than three months,— or for any other cause above mentioned, for a longer period than twelve months. No prosecution of this na- ture shall be lawful unless commenced within three months after the offence has been committed. The ordinary remedies by action against any person holding office or who has held office under the city, or against his sureties, are not to be impaired or diminished by this law or by any proceedings taken under it. 73. The commissioners of the poor asylum annually on or be- fore the fifteenth day of December, shall file in the office of the city clerk an account of all monies received and expended by them, in such form and with such details as shall be required by the city council. This account shall be subject to the some auditing as the accounts of the city receipts and expenditure. 7J. All Knoawla .^— »~.Il*___ -IE- _l . ;. < ... , Accounts of com mltsioners of poor. Offloert to ac count. OF NOVA-SCOTIA. 345 lect, receive, expend or disburse anv public money belonging to the city or under it» care or control, Bhall account to the city council. The city council may direct the form and mode of accounting by resolution or bye-law. , „ , . 75. The books of account of the corporation shall shew tho B««ki bc Kcount. amount, particulars, state and circumstances of the property, funds, taxes, effects and fees belonging to tho city, the incomes and fees of its officers, and all its receipts and expenditures. The books of account of the city for the current and preceding year, shall be kept open and exhibited on the first Monday of every month in the city clerk's office for the inspection of any citizen. The city accounts shall be annually published ufter audit and ap- Pubucttion of. proval, in such form and mode as the city council direct. THE RECORDER. 76. The recorder shall be a barrister of the supreme court of R**''^" Nova Scotia, of at least five years' standing. It shall be his duty to afford legal advice and assistance to the mayor and council of the city in the performance of their respective offices, and when requi- site in the business of the police court, to attend all meetings of the city council, and to assist in hearing and determining cases before the mayor's court, and to take the charge and management of all legal business connected with tho affairs of the city ; to draft or revise all legal documents required by the city, and to act as coun- sel and attorney for the city in any suits in the provincial courts to which the corporation is a party. Before entering upon office he shall be approved of by the governor, and sworn before the gover- nor or chief justice to the faithful discharge of his duties. COUNCIL. 77. In all meetings of the council a majority of the members <^<»^"^ present at such meetings shall determine all • uestions and matters SlJ!,"*'" submitted or under consideration— provided that the number pre- sent at the said meetings be not less than twelve besides the mayor or chairman. The mayor, if present, shall preside ; and in case of his absence such alderman as the members assembled shall choose to be chairman ; and in case of an ec[nality of votes the mayor or chairman presiding shall have a casting vote. 78. There shall be in every year four quarterly meetings of n^^|*' o'"**- the council, held on such days as provided by bye-law. 79. It shall be lawful for the mayor to call a special meeting special mmmg*. of the council when and as often as he may deem proper, giving two days' notice. In case the mayor should refuse, after a requi- sition for that purpose signed by five or more members, the requi- sitionists may call the meeting, giving thre« days' notice. The notice shall specify the business for which the proposed meeting is in hA held, and ^lall be sigtttd b7 the members. In all cases of 346 PRIVATE AND LOCAL ACTS Minute* of pro- CotDDiltliiei of OOUMil. P7e.Uw<. FlDM. Approval of bye- Uvri. Umttation of bor- ruiriDg mooey. special meetings, a summons to attend the council, specifying the business to be transacted, and signed by the city clerk, shall bo left at the usual abode of every member of the said council. 80. The minutes of the proceedings of all meetings of the council shall be drawn up and fairly entered in a book to l)o kept for that purpose, shall be signed by the mayor or aldormim presi- ding at such meeting, and shall hie open to the inspection of all persons qualified to vote at the election of mayor or alderman, on payment of a fee of one shilling. The meetings shall be held in public. 81. It shall be lawful for the council to appoint from its mem- bers such and so many committees as they see fit, for the transac- tion of business, and for the discharge of such dutiis within the scope of their powers as may by the council bo prescribed, but subject in all things to the approval, authority and control of the council. 82. The city council at any meeting, when at least twelve members besides the mayor or chairman shall be present, may from time to time make, alter, amend and repeal any bye-laws or ordi- nances for the good rule, peace, government and welfare of the city, and for carrying into effect more fully all powers, functions and offices vested in' the mayor, council and corporation, by law. 83. Fines not exceeding ten pounds for one offence, and pun- ishment by imprisonment in gaol or bridewell for a term not excee- ding ninety days, may be annexed to any breach of any bye-law of the city passed in accordance with this chapter, or of any bye-law authorized by any present or future law of this province. 84. No bye-law of the city, whether passed under the autho- rity given in this chapter, or that of any other law of the province, shall take effect until approved and confirmed by the governor in council. A copy of every bye-law shall be transmitted with all conveni- ent speed to the governor, and it shall be lawful for the governor in council within thirty days after the receipt of it to disallow it, and such disallowance shall, without delay, be signified to the mayor. No bye-law shall have any force or effect until it be so transmit- ted and approved ; or until thirty days pass without disapproval, which shall amount to an approval and confirmation. 85. It shall not be lawful for the city council to borrow on the credit of the city any sum of money whatever, unless otherwise particularly authorized by some act of the province. AbtCDce of mayor. ABSENCE OF MAYOR. 86. In case of the absence of mayor, or of a vacancy in that oflBlce, one of the aldermen, in such rotation as the council may di- direct, shall discharge all the duties of the office of mayor in the police court, mayor's court, or otherwise, except that of presiding in city council. or NOVA-SCOTIA. POLICE COURT. 347 87. The administration of police within the city, and all the poiicwur- executive powers of the corporation, are hereby vested in the .i,.„^icuon of, mayor and aldermen ; and the mayor, or in hm absence one of the *« aldermen next in rotation, Hhall daily attend in the public office for that purpose appointed, and constantly Iwtween the hours ot ten o'clock in the forenoon and three o'clock in the afternoon hold a police court for the city, and therein hoar and determme every criminal offence and prosocutiou cognizable before one or more jus- tices of the peace, and shall pp-f-nn every act uppertaming to tlio office of justice of the pcac^ noces«.-y for the apprehension, com- mittal conviction and pui- .shment o' criminal offenders, and tor carrvin-' into effect the lav » i- force vi' d the ordinances and bye- laws ot°the city ; and also u; u .umn-/- 7 manner hear and deter- mine all larcenies where the v; he of the goods taken shall not exceed ten poiiiids,— receiving of stolen goods.-agsaults,— batte- ries —riots —petty trespasses,— and breaches ot the peace com- mitted within the city, -and riots or disturbances at city elections; and punish the oifenders upon conviction, by imprisonment in the caol or bridewell, not exceeding ninety days, or by fine not excee- ding in any case the sum of ten pounds and costs of prosecution,— and in case of non-payment of the fine and costs, commit the offender to the gaol or bridewell for any time not exceeding ninety days ; offences shall be prosecuted in every case withm two months after commission ; no such conviction shal be quaffed for want of form and no warrant of commitment shall be held void by reason of any defect therein, so as it be therein alleged that the party has been convicted of some offence named therein. Nothing herein contained shall prevent the police court from binding p°ersons charged with offences under recognizance with sureties, to appear and answer in the supreme court or the court ^^ iHo cL where the said p.ilice court shall sentence any party to punishment by fine, or by imprisonment, or by fine and impri- sonment, shall any appeal be allowed from such sentence, except by -viTit of certiorari or /^'thms cot-pus cum causa. 88 The followin.^ fees shall be paid to the clerk of the police iM».t. court' for the use of the city in all business done in the police court. For affidavit, one shilling. Warrant, two shillings and six pence. On service of process, one shilling and three pence. On a recognizance, three shillings. On judgment, one shilling. Warrant of commitment, one shilling. Subpoena, six pence. 80 All nersons violating the sabbath by carrymg on any game, offender., play, or pastime, to the annoyance of their neighbonj or liie puDiic, Lwminonbcggar8,-fortune tellers -gamblers.-habitual drunk- 348: PRIVATB AMD LOCAL ACTS I May be impri- tened. AssisUmce to con- etables. 8«*inen. ards, — persons breaking windows, or damaging the property of others wilfully and mischievously, — lewd persons, — vagabonds, — runaways,'— stubborn and refractory apprentices, — shall be liable to confinement in the gaol for one week for the first offence, and for any subsequent offence for a period not beyond thirty days. The city constables shall arrest such persons, and bring them before the mayor or aldermen in the police court. If the arrest occui-3 after three o'clock in the afternoon, or upon the Sunday, or holiday, when the police court is not sitting, the prisoners may be kept in the lock-up house until the hour of eleven in the forenoon of the subsequent day. 90. The mayor or alderman, on being satisfied by inspection, confession or proof, that the persons so arrested ought, whether for their own benefit or that of others, not to be at large, may sentence them respectively to such imprisonment in the bridewell, with or without hard labor. 91. All persons shall be bound on request to assist the consta- bles in this or any other duty of arrest, and any one refusing shall be fined not less than five shillings nor more than twenty shillings by the mayor or pr^iding alderman. 'Seamen. 92. The mayor and any one of the aldermen holding the police court shall have power, on the sworn complaint of the master, to arreiM; any seaman of a British, provincial or foreign vessel, who, having signed regular articles and not being duly discharged there- from, shall wilfully absent himself from his vessel, — and, after hearing both parties, if he find the complaint well found^ and just, to compel the seaman to return to duty ; if requisite also to send him to gaol until the vessel is ready for sea, and give the aid of the police constables in carrying him on board his vessel. MAYOR S COURT. Mayor's court. 93, The mayor's court is to be holden on the second and fourth Tuesdays of every month, before the mayor and one alderman in rotation, or in the absence of the mayor before two aldeimen in ro- tation,' — shall continue in session not longer in each term than two days, and shall have power and jurisdiction within the city over all civil acti'^na on contracts in which the whole cause of action or deal- ing shall have arisen within the city of Halifax, and shall not ex- ceed ten pounds, — and when the defendant shall prove an off-set of greater '.mount than the amount proved by the plaintiff, — to give judgment for the defendant for the balance due him ; — and also over all actions ex delicto, including actions of trover — assault and battery — replevin — case — detinue — trespass to personal property, ati over trespass on hnds where the title is not in question, — and slander, — wliereiu respectively the damages claimed ahall not ex- ceed five pounds, — and shall award coats in all cases in &vor of the party succeeding. OF NOVA-SCOTIA. 349 The process of the court shall be writs of sumjAons, replevin, capias, execution and subpoena, tested in the name of the inayor, and issued by the clerk under a seal, which the said court is here- by authorized to make and use, and in such forms as have been used or shall be established by the city council, and shall be direc- ted to the city marshal or his deputy. 94. Whenever the judgment of the court shall exceed twenty Appeal ■. shillings exclusive of costs, the party aggrieved may appeal to the supreme court upon notice given in open court, and execution shall be stayed upon sufficient security by recognizance ^eing given on the day following the rising of the court, to prosecute the appeal and produce the appellant in person to abide the judgment of the supreme court, which recognizance the said mayor or any alderman shall have power to take. The party appellant shall enter his appeal and proceed thereon Proceedings o... before the said supreme court at the first t^ ra thereafter ; and shall bring up the judgment from the court below, which on his default the appellee also may do ; and the said supreme court shall try the cause de novo, or order the same to be tried by a jury. 95. In case of process or proceedings occurring by mistake or o«««^f ^"^""^ inadvertency, in any case where the mayor's court has not juris- not jurisdiction. diction, the members and officers shall not be liable to pay damages. 96. No suit for any debt or dealings, the whole amount of No suit over £io. which shall not exceed ten pounds, and which shall have arisen within the citv, shall be brought in any other court except by way of appeal to the supreme court. 97. The fees shall be taxed and allowed in the mayor's court, Fee». as follows, viz : .,,.,, j • i Fees due to the city, to be received by city clerk, and paid over to treasurer of city. On summons, two shillings. On capias and affidavit, three shillings and six pence. On trial and judgment, five shillings. Recognizance, or replevin bond, two shillings. Subpoena, six pence. Execution, one shilling. FEES TO THE CITY MARSHAL. Serving summons or capias, including travel, one shilling and nine pence. , , x tn- On a discharge from arrest with or without bond, two shillings. On all monies collected and paid over under execution, five per 98. The mayor's court shall try every cause that is contested, 1^^^^^** upon the examination of witnesses viva voce, and decide summarily ' without unnecessary delay. 99. Coufcooion iu wfitiug or verbally given in open court may -»af»«»!oni. be recorded by the clerk, and judgment given thereon. I 350 Caput. No feci to gaoler Jurisdiction of mayor's court. Prisonen entitled to benefit of insol- Tent acti. Citymarabal: his power. Duty. PRrVATB A»D LOCAL ACTS iJ.fl J"" '"'• ""K^u^ "*' ^T^""^ ^^°^ *^°*y shillings, the issuing of a capias shall be in the discretion of the mayor or ore- siding alderman, and all the costs shall be subject to reduction if the court see fit, and no capias shall be issued unless the party applying make affidavit that the defendant is leaving the city, and unless a capias is granted the debt will be lost. 101. No fees shall be demanded or received by the caoler or His subordinates for any prisoner upon process or execution from the mayor s court, or from any prisoner committed by the mayor tn^ alderman in any criminal case or breach of law. 1U2. The authority of the city officers and jurisdiction of the police and mayor's courts, shall extend unto and over all acts, mat- ters and things, civil or criminal, done upon the harbor of Halifax, and bouth-east Passage, and the North-west Arm, and over that portion ot Bedford Baain situate from three mile house to the nar- rows, extending five hundred feet into the water from low water mark, and the wharves, slips, docks and landings thereon— nro- yided such acts, matters and things, if done within the limits of the city, would be within the authority and jurisdiction of any of the officers or courts of the city ; and the process civil and crimi- nal, which any court, or any officer of the city may have power to issue or execute, shall and may be executed upon the harbor of Halifax, the South-east Passage, and the North-west Arm, and the portion of Bedford basm above limited ; and for these iurnoses the harbor of Halifax shall be considered'as extending from C ger s beach to Ferguson's cove, and across the narrows at the en- trance of Bedford basin, but not to include McNab's island, or Duc- gan's island. ' » 103. When any person has been heretofore, or hereafter shall be committed to gaol, under any writ of execution, or mesne pro- cess, issued from the mayor's court, the court, or the mayor and any alderman, or any two aldermen, shall and may extend to such person the benefit of any law that may be in force for relieving in- solvent debtors from imprisonment. ° CITY MARSHAL. 104. The city marshal shall be the high constable of the city and shall have the superintendance of all the city constables, and shall within the said city have all the powers and authority in all matters criminal and in cases of breach of the peace, and for pre- serving quiet and good order, which sherifls bylaw have within their bailiwicks, and constables within their jurisdictions, and shaU pertorm and discharge such other duties, and receive such fees and emoluments as shall and may be appointed by any bye-law or ordi- nance of the city. " « chargeable with all debts wLwT^I''^ °^ *^'' *«*' «!«»" be thorities of the town of LhSr orfb!^"/ """'''"^t^'* ^^ the au- der the authority of 1 fu tes Vf Z^^ '"'^ f H?"^^ or un- Halifax,oranyofthem VrhT. V^® P^® ^'^J' tbe county of empowered W^^t of Se 2^1?^'' ""^ ^^^^ ^^f"^ authority town or city/anTaS sthSTha^lt^r K^ *^ ^^"^'°S on tl^ nues and augments of Sie c% P*^^^'' °"t ^^ ^^e reve- PENSION. duiig hif;S?, o™o?ih:tds from tit ??^ *^ t'^^ --- the city treasurer belonrni rt^Titt f., " *™' '." *^« h«"^« of and fifty pounds per anfum S lieu 'f^*'^^«"«^ of two hundred as polici magistrate ' " ""^ ^' "^^'^ ^^ emoluments anJiLpetLthTatl^Lro^l^^ city of Halifa.. city or subsequentlv held anv i?,!. ^i '* incorporation of the shall not be pr^cSeS bv tt^ T" '^' *^^° oi- city, several acts rSpiting the SrpJmLTflb? T?^ ^" '^^ force, nor shall Wjr cfeditor of S^ HfvJ ^ a"^^^. ber.tofore m by any suchre^afor e^t^^^lr'^'^^^^^^^^^^ LICENSED HOUSES. Pension. Repeal of former •cti not to preju- dice. Of NOVA-flCOTIA. confectioners within the said city ; and also licenses for tJ sale of liquors of any kind. In granting such licenses the mayor and aldermen may annex thereto such reasonable conditions in regard to time and place, and other circumstances under which such hcense shall be acted upon, as in their judgment the peace, quiet. and good order of the city may require. 117. The city council shall from time to time make such bye- laws as they may think proper, for the government of licensed houses and shops, and for regulating the hours for closing the same, in a 1 respects as they shall deem necessary for the peace, quiet and good order of the city. t > ^ 118. Bonds shall be given by all persons so licensed, in rea- sonable sums, and with sufficient sureties, to be approved of by the mayor, conditioned for a faithful performance of the terms of their said licenses, and of all subsisting laws and regulations. 119. The mayor and any three aldermen shall have power to revoke or suspend any such license, if in their judgment the oider anc. weliare of the city require it. 120. Any person who shall presume to pursue the said em- ployments withm the said city, without having first obtained a license therefor, or in any manner contrary to the terms of said license, or after the same shall have been revoked or suspended shall be liable to the same penalties and forfeitures, and be prose- cuted m the same manner as by law is or shall be provided in case ot exercising the said employments without license, and shall also be taken and deemed to have forfeited their bonds, upon which suits may be instituted against them or their sureties at the discretion of the mayor and aldermen. All inn-holders, retailers, confectioners. TIC uallers, and all other licensed persons under and in pursuance, of this act, shall be liable for and pay the same license duty now or hereafter to be imposed by law, to the clerk of the license of the said cjty. 121. The licenses granted and the bonds to be taken, shall be m the same form as is prescribed and appointed under the general laws of the province respecting licenses to sell liquor, with such alterations as may be found necessary to suit the circumstances of the said corporation, and shall be signed by the clerk of the licpnse -.oo *"*^' ^'^^ approved of and countersigned by the mayor 122. The city clerk of the license shall keep a corx^ct list of the licenses granted in every year, with the names, additions and residences of the parties licensed, and also all their sureties, and the amounts of the license duty payable on every such license, and shall return to the mayor once in every quarter a written statement ot the sums of money due and in arrears for license duty. AH arrears of license duty shall be recovered in the mayor's court, in iJ'cfvTs'uhs ''*^°^^'*"^*''' ^"^ ''^^> by tl»e u^ual process as 123. Once everv month or Aftpnof if *\,a />/»tr.A:i -_ j ;.,--«. ^i. ' oierk of license shall pjr over to the city treasurer the amount of 353 Bye-Iaw9 as to U- ceoied houses . Llenue bondi. Suspeiiiion of li- cense. Penalties for iel< ling without li- cense, ke. Forms of b«nd luid Uceose. I^tofliwam. Psyacnts bjr clerk of UcenN W tr«a«urtr. 354 Cnmininsions nf clerk oi li(;,.>ii!ie.<, Appenis frniii li- cense JuJgmeiiH ]li' PRIVATE AND LOCAL ACTS license Q,.ty, and shall produce and file in the citv' ol*>, J- » m made in reference thereto sharbeT^overed X, ^^ "' • ' .ppo»l fro,„.ach jadgmentto.hes«pim"«„r"tS,~«r '° Publii- tiUQS, ef. exhibi- iviculiitiiin SHOWS AND EXHIBITIONS. sonable, and to regulate the same, frorTt.re^to ti''?n su.b ''"" ner as may appear necessary to preserve order and decor ut Z to prevent the nterruption of neace and anZ a« i "f?'''^"'"' ""« bye-Laws, the mayor sLl in hrdLrlTl f ^S for the same ; the person obtaining such licefse shall mv Z T such fee or sum of money as shalf be prescri d by a'n? tVvZ of the sa.d cty ; and it shall be at all limes optional S tClZ mayor either to grant or refuse such license. ^ '^'^ STREETS. Commissioners of ,. ^27. The city council shall have power from time div* the city i„4, districts, and a„„„K aZiM „, , ,,„"= .'° e,oner of street, ,„ , • , H disirict. The JZS^ °' ' .„ "S shall have all the r ,„ and authority br anv ,■ ■ < • i '"^^ ? lsr;s ^ "'""■-'°°™ °f »'-" '" "^ « • ' 'o™ of 128. The city council shall have power to lav ou, npw square, sti^et, ro.d, lane 9V highway ^thia iho c^,^::£ S liayinKOutofnew str«et4. KfZ. \l\ Piui'fertlnBS on u|ipruisement. "■ OP NOVA-SCOT!A. purpose to direct a survey to be made, ar tc appoint three com- petent persons, not being interested in aaid road, or square, but who may be citizens and shall be compensated for their labor out of the city funds, to appraise the damages to be paid by the city to those whose lands may be taken up to form the road or square. 129. The appraisers shall notify the parties interested, and hear them, if required, and the appraisement being made by the three appraisers or any two of them, notice shall be given to each person whoso land is taken, or to his agent, ten days at least before the meeting of council at which it is to be confirmed. The council shall give any party objecting to the appraisement an opportunity of being heard and of proving his objection by testimony. If the ex[)en8es and damages appear to the council excessive Avhen com- pared with the utility of the work, they may suspend or abandon the undertaking at any period, compensating for any damage actu- ally done. 130. Hereafter no proprietor or possessor of land in the city wiathofstreeu. shall lay out or open any new road or street over or on his pro- perty, of less than sixty feet wide ; and the commissioners of streets are authorized in their descretion wholly or partially to close up and obstruct any road, street, lane or thoroughfare whatever of less than sixty feet in width which may be hereafter laid out or opened. 131. All actions and proceedings to recover any fine or sum of suits for not per- money due within the city for non-performance of statute labor or iZr"'' '"""" road work, shall be sued for in the name of the city as plaintiff. DRAINS AND SEWERS. ■ 132. The city council shall have power to repair and improve sewcr«,&c. drains and sewers, to lay out, excavate and complete new drains and sewers, and to make bye-laws and regulations for protecting and keeping free all drains, sewers and water courses within the city. HACKNEY CARRIAGES. 133. No person shall keep or drive in the city of Halifax any Licen«.tor carriage, waggon, gig, chaise, sleigh or conveyance, for the car- '"^'"• riage of passengers for hire, or to ply as a hackney carriage, cab or omnibus in the streets or lanes of the city, unless under a license for such purpose, previously obtained, from the mayor and two aldermen, and such fee shall be paid for license, not exceeding ten shillings per annum, as the council direct. ° 134. The city council shall have authority by bye-laws, to re- gulate the keeping, driving, plying, and general conduct of all car- riages, waggons, gigs, chaises, sleighs or conveyances for carryint^ of passengers for hire in the city ; and the fares and prices to be charged and taken by the keepers, owners or drivers. Regulation of hacks. 356 TrnekmcD to be lieanied. PWVAM AMD LOCAL ACTS TRUCKMEN. lilcenses— form of *ml fees ihereoa. Oi»oraerl» Art- ▼log. have power, iiXv .^^^.1 °r^°'''°,''°"''''"'™»»l'dl fixed La/or SkeandlnK " ''°°'"»''»'» «'»■>» for a JUWMuua™, Ton J,, '"'""'""'«»''» annul It. fuel, furniture la™ S«°' """^ ^^ ««*• ^-^ta^K, PUKIoAs MDINO AND BMyiNfl. all ptons^f^^'jSo^^^^^^^^^^^ i^^'*- *^ -strain pernor too rapid a ier ^ '"'"'^"''^J^' ^'■«^««'' ^'"P™. FIREWARDS. constablesfor e.h wak „f the^irAy't/Lllf Sa J? the time olaVrSXdu '?hX°'" Tr"""* "^ »"? «"»"» « FlwwurdB, 4c., how appjinteil. Additional bye- iaw< ai to fire. Power of eagine- nao. Pofer of alder- man or firevrard at fires. or KOVA:-KCOnA. 357 carts, 145, Tho city council may impose a fine not exceeding five riMt on ore- pounds, on any fireward, or person appointed to the board of health, X^i"""""" or any other officer nominated or elected by the city council, upon whom no specific fine ia by law imposed, who shall neglect or re- fuse the duties of such office, or shall refuse to qualify himself for the same, agreeably to this act : provided always that no such offi- cer shall be obliged to serve more than one year in succession, or shall be liable to any fines for not serving, for a period of five year* after he has so served or paid such fine. ENGINE HOUSES. 146. The city council shall have power to purchase sites for ingine hoom enjgine houses, and for buildings to receive hose, ladders and other things requisite for the use of the fire department, and to erect suitable buildings thereon, or to take or lease suitable premisea for such purposes. POWDER MAGAZINE. 147. The magazine for gunpowder situate in ward number six, Powder niiguiM built by the town of Halifax under the authority of the provincial «"y Pfi**"/- act of the eighth year of the reign of his late majesty king George the fourth, and the lot of ground on which it is erected, are the property of the city of Halifax in fee simple. The city council shall appoint keepers of the magazine and re- Eeep«ri. gulate their duty and compensation. The rate of storeage to be paid to the city for gunpowder shall B»te J 1 .« v'-couted and puni8heras"offeuce7 commuted agan . onnr-.H , ; the execution'of their office ' i' 1. iho ( xpnises of watch and ward, lighting the citv and supplymg the cny with water, shall be paid^utV he E^^^^^^^ aniny itnl'^' '"^ "'^ ^ '"'^"^'"^ ^" ^'^^ ^^^^^^ -«"' nuallf;. M^ rr- ''^"''* ^""^ ^t"" ^°"'' '^'"^'^'^ ' "^""ds shall be an- Ekn 1 ^ T''i P"*;'' ^'""'"'"' ^"^ ^'3^^-^"^ «nd fire plugs aDiindantly supplied with water. *^ ° sum'oVfhnr hL7'7 «o«P«"y «h't", in consideration of the annual dtv iin f ?^ P^""^.' '? ^ P"'*^ '^^ '^' «'^J^' provide in the city eighteen fountams or hydrants, and twenty-five fire plugs in a Id ntW 1 r ' '?P> f ^'^^«'' ^^^ *^« «■""« constantly and abundantly, and for such further sum as may be agroed on shall increase the number of the fire plugs at the requL of the city councd in accordance with the contract now subsisting or hereafter company "^ '^" "^^ ''"'''" '"'^ '^' flalifax water FUEL. '"""^"'"- Jf, '^^ '^S council may annually appoint measurers of coal and cordwood sold within the city, and fix thVrate of remuneration! MARKETS. M«ke., 154. The city council may by bye-lxws reg, iate the sale of fresh provisions of all kinJ.. and the si >ghtering of cattle, sheen and swine, and dest alW.P.ound a. unwholt-me pro;i3ions fish or meat, and ma, enforce these objects by appointing c3 of the market and other officers. ^ ^ UISTILLERIES, &o. Di.ti..eri«. loo. Distilleries of spirits, lime kilns, ianneries, slaughter houses, and aU other establishments, manu.ctories or trades" dan- gerous or productive of serious inc. .nien- or discomfort o the persons living near the.i, shall no, . blished, continu d Z • carried on m any part of the city, u ess . , expres^ permissio^ of he city council who shall have power to make bye-laws from 4 to time to regulate the limits ^d location of my such establish ment and o affix such penalties to any violationWeof t they see fit ; but all adjudications and decisions of the city council shall be subject to appeal and revision by the governor in council. OF NOVA-SCOTIA. 359 DOGS. 166. Tho city council shall have power by their hyo-laws to regulate the keeping of dogs within tho city ; and if they deem it expedient, to impose a tax not to exceed five shillings per annum for each dog, and to direct the destruction of any dog illegally kept. D"«- MAGISTRACY. 157. The mayor and aldermen, while in office, shall be justices of the peace in and for the city of Halifax, and each of them after taking the oath of justice of tho peace, which the clerk of tho city shall administer, shall have ns full power and authority as if com- missioned. 158. The city council alone shall have all the jurisdiction, au- thority and power which Ixjfore the passage of an act entitled " an act to incorporate the town of Halifax," in tlio fourth year of her present majesty's reign. Anno Domini 1841, could legally be exercised Avithin the town and peninsula of Halifax by the court of sessions of the peace and grand jury for the county of Haliflix, or by any special sessions ; and the city council shail also exclusively liold and exercise within the city of Halifax all powers, jurisdiction and authority whatsoever that by any act of tho province that may now or hereafter bo in force are or shall be conferred upon the sessions of the peace, general or special, with or without the grand juries in -ther counties of the province generally. Whatever powei , ju- n tion or authority is or may be conferred by any present or fuL law of the province upon one justice of the peace or upon two or mui justices, shall within the city be held and exorcised by the mayor or any one or more of the aldermen, if one justice be named, and by any two of them where two are required. 159. The city council shall api oint annually within the city all township and other onicers who were formerly nonr ted bv the grand jury and appointed by the sessions, so long as the la-' p- spectively under which such officers acted remain in forcs- anell and tuperviaorj of itreets exempt SfiMsJarisi, FORMER BYE-LAWS. 1G4. All bye-law3 of the city which have been passed by the city council and approved by the governor and council, shall re- main valid and be in force until replaced by others on the same subjects, 80 far as they are not inconsistent with this chanter or any other express law in force within this province. ' AT^TERINa LIMITS OP WARDS. 165. The city council may from time to time alter the limits of any of the wards of the city by an ordinance or bye-law sanctioned by the, governor in council : an interval of five "ars shall always elapse between any such changes. 166. The members of the city council and two supervisors of streets, to be appointed by the commissioners of streets, shall be exempt irom serving on any jury within the city. 'if- ;;*,>'- Of NOVA^SCOIU. 961 CItl2I»S COMPETEKT TO BE WITNESSES OR JL'HORS IN CITY CAUSES. 167. In actions, suits, indictments, informations or prosecutions !l'"*!!)',^y whatever, civil or criminal, at law, equity, or otherwise, in which the said city or corporation shall bo a party concerned, it shall not be received or allowable as an objection to the competency of any witness that he is a citizen or officer of the said city or corporation, but such objection shall go to the credit only ; nor shall any such objection be allowed in any such caae as aforesaid against any such person as jurors therein. SUITS FOR PENALTIES. 168. All fines and penalties imposed by this act or any other chapter of this title, of upwards of ten pounds, and for the recovery whereof no provision is made by this act, shall and may be sued for and recovered by action of debt in the supreme court, in the name of the city of Halifax. 169. All fines and penalties amounting respectively to ten pounds, or below that sum, bv this act or by any bye-law or ordi- nance of the city council made under the authority of this statute or any other act of the province, for the recovery whereof no pro- vision is made by this chapter, shall be sued for and recovered in the name of the city of Halifax, before the mayor's court, in the same manner as any debts can be recovered in the said court ; and all such fines and penalties when recovered shall belong to the city. 170. In every such suit, whether in the supreme court or in the mayor's court, the defendant shall be entitled to the benefit of the acts of thiu province, from time to time in force, for relief of insolvent debtors : provided also, however, that when, in and by this chapter any period of imprisonment is prescribed or may be ordered upon non-payment of any such fine or penalty, the defen- dant shall not be entitled to his discharge i'rom imprisonment until such period so prescribed shall have elapsed. 171. All fines and penalties by thiS chapter, or any bye-law or ordinance imposed, which shall be received or recovered as afore- said, and for the application whereof provision is not otherwise made, shall be paid over to the city treasurer, and form part of the general funds of the city. Reeofrrjr of ft- Mitlva— Over* 10. £10 or BOdw. Ptfenduit enti- lled to relief u insolvent debtor exci'pt irhure loi- prisonment alto pretvrlbed. PeD4ltjH to tM paid to city tr«*- ■urer. RESERVATION OF CROWN RIGHTS. 172. Nothing in this act contained shall in any manner dero- ^^^ gate from or affect the rights of her majesty, except so &r as the ' same may be clearly and distinctly expressed. 46 'ts- 362 PRIVATB AND LOCAL ACTS CHAPTER II. OP ASSESSMENTS IN THE CITY OP HALIFAX. Aticesmcnts : Amoiuit of. Ot^eirti of. For pooik' asy- lum. Ward assCM'ira, how choeun, tiC. NcwRppoinl- muiits. 1. The city council shall have power to assess on the inhabi- tants and on the property within the city, annually, such sum of money, not exceeding five thousand pounds, as may be necessary to defray the expenses which they are by law authorized to incur on behalf of the city. This may be increased in any year by per- mission of the governor in council, to the extent of two thousand pounds additional, provided such increase be requested by a vote in which at least twelve members of the city council concur. ^- 'J^^e objects which may be provided for by assessment in- clude the salaries and compensations legally granted to the ofilcers and other persons employed in the business of the city, expenses of police, of lighting the streets, of a night watch, of a supply of wa- ter, expenses of fire department, maintenance of the bridewell, repairs of city property,— the making, repair and improvement of tlie streets, and of sewers and drains, and roads,— and all other expenses required in the due execution of the different powers and trusts, vested by law in the city corporation, its council or officers. 3. On request of the commissioners of the poor asylum for Halifax, specifying the sun they deem necessary to be paid by the city for the support of the ^jor of the city in the poor's asylum for the year ensuing, the city council shall be authorized to include in the foregoing general assessment the sum so specified, or a less sum if they think proper to reduce the amount proposed. 4. The assessors annually elected by the several wards of the city, shall within fifteen days after notice, in every year, assemble at the mayor's office, in the presence of the mayor or acting alder- man, and select by ballot or otherwise one assessor for each ward of those elected by such ward, who shall thenceforward continue to bo acting ward assessor, and whose duty it shall then be to assist the city assessors hereinafter mentioned to make a fair and impar- tial assessment of his ward ; and in case any ward assessor so se- lected shall neglect or refuse to perform any of the duties of his office, he shall forfeit to the city for every such offence a penalty of ten pounds. 5. If the city council shall deem any ward assessor so oclected to be or to have become from illness or otherwise incapacitated for the performance of his duties, they shall be at liberty to appoint in his place the remaining assessor chosen by the same ward ; — who shall be liable to che same penalty for the neglect or refusal to per- form any of the duties of the office. OP NOVA-SCOTIA. 363 6. The city council shall biennially elect by open vote, two suitable persons, not being members of the city council, to be city iassessoEB, to continue in oflSce two years ; and no person shall be considered ineligible to such office on account of his having already served therein. The city council shall have power at any time to remove from office any city assessor at their discretion. 7. Whenever a vacancy shall occur in the office of any city assessor who has not served out his full time, such vacancy may be supplied by a new election, to be heW at such convenient period as the city council may determine ; and the person elected to fill such extraordinary vacancy shall occupy the office and discharge the several duties thereof for the term then unexpired of the person whose place he shall supply. 8. Every city assessor on acceptance of his office shall be sworn before the mayor or some alderman, to perform the duties of his office, and to make a fair and impartial assessment upon the city. 9. ^ There shall be payable out of the city funds to each city assessor, so long as he shall remain in office, such annual salary as the city council may previous to his election appoint. 10. The city assessors associating themselves with the ward assessors for every respective ward in rotation, shall upon the order of the city council proceed forthwith to make an assessment upon the respective Avards for all sums of money legally authorized and directed to be assessed upon the city for city purposes and rates, for poor rates, and for the proportion of county rates chargeable on the city and its inhabitants. 11. The assessment shall be rated on the occupants of real es- fcite, being yearly tenants, and in all other cases on the owners of property, by an equal pound rate upon the value of the real and personal estate within the city, — whether such real or personal es- tate shall be possessed, occupied or owned by individuals or by any joint stock company or corporation, according to the best know- ledge and discretion of the city and ward assessors, subject to the exemptions hereinafter specified. 12. Under the term " personal estate" shall be included all household furniture, monies, goods, chattels, wares and merchan- dize, all ships and vessels, or shares in ships and vessels, owned by persons residing within the city, whether such ships or vessels be at home or abroad at the time of the assessment, city certificates or provinciiil securities ; also all public stocks and stocks in public or private banking companies, water, gas, fire, marine or life insurance companies or associations, or other joint stock companies or corpo- rations, whether public or private, doing business within the city. 18. Partners in business shall be assessed under the name of their firm, in the same way as individuals ; notice to either partner or to the agent of the firm shall be valid. 14. The assessors shall value real estate at tenfold the amount of rent it produces or is worth. 16. All property real or personal belonging to her majesty, 'to Cilj KMeiton. VaciiDcius la. To be aworu. Salary. City and ward ussfSBora to act tngi^lher. Adiessment, buw aiipoi'tioned. PeraoDkl eaUta, deUnltioa of. Partner*. Real estate, how valued. Exemptioiu from iMieilI8«Bt. 364 Pcrunal proper- ty under £&0 «x- •npt. Stock. Property io parti cukrcaici. Joint stock com ttidet. 11 Mm.' Sail 9 i j ■ 1 ik ' ■ 1 ^H IW Bluki. PRIVATE AND LOCAL ACTS the province, the county or city— all personal property of military persons residing in government buildings or barracks, or of oflScera or men of the navy residing in government buildings— every buil- ding erected for the use of a college, incorporatal academy, or other seminary of leaming-every building for public worship- every temperance hall, school house, court house and gaol, and the several lots whereon such buildings are situated, and the furniture belonging to each of them-every poor house, alms house, house ot mdustrv, and the real and personal estate belonging to or con- nected with the same-the real and personal estate of every public library, and all stocks owned bv the city or province, or by literary or chantoble institutions, shall be wholly exempted from assess- Z^ ,.7 f ^^T '^ ?°* *° ^^^'"P* y^^'^^y and other tenants hoi- ding under lease from the city. 16 No person shall be aasessed for his personal estate unless Its value exceed fifty pounds. 17. The owner or holder of stock in any incorporated or ioint stock company liable to taxation on its capital, shalfnot be assessed as an individual for such stock. "o«.»t;H;,eu 18. The estates of deceased persons under control of their ex- ecutors, admmistrators oa- trustees-the separate property of mar- ned women and the property of minors, and other property under the control of agents and trustees, shall berated intheVameof the principal party or parties ostensibly exercising control over them 19. Every joint stock company doing business in the city shall be rated as if holding one hundred poinds of property for^every SIX pounds annua^ net income or profit derived from its business done Within the city. The president, secretary, manager, cashier treasurer or agent shall annually on or before the first day of March make an affidavit in writing before the mayor or an alder- man, containing a precise statement of the actual net income of the company or corporation, derived from their business done within the city dunng the year ending on the the thirty-first day of De- cember preceding. The party making this affi-davit shall file it immediately with the city clerk, and the assessors shall fix the rate accordingly. On default of this statement being duly filed the assessors may rate the company's income according to the best in- formation they can otherwise obtain, and the complny or comora- tion shall, in addition to the rate, pay to the city a jinalty of ten pounds for the neglect or omission of their officers or agents in not furnishing the statement of their profits by affidavit 20. The city assessors before proceeding to the assessment of the r^pecuve wards, shall be provided by the city with a mwJZ number of blanks to form valuation boob, ruled and Leaded throughout in the foUowiog form : 07 nova-Scotia; 365 ■r» ,"i' :/;, Names. Value of real estaLto. Value of per- sonal property. Total atnount on which assessment is to be levied. The assessors shall enter the name of each person, company or nmog upot corporation to be assessed separately in order, in the first or left hand column, the value of real estate stated in currency in the next column, of personal property in the third column, and the sum total of both in the last column, opposite each name. 21. As soon as the assessors have determined the amount of Notice of t»iu». re?,l and personal propertv on which any person, company or cor- "°°- poration is to be assessed— having written down the names and earns in ink or pencil in their blank valuation book, they may then or subsequently serve a notice of such valuation upon the person assessed or his agents, or on the company or corporation, their offi- cer, clerk or agent. This notice shall be in the following form, in print or ink : Name. Value of real estate. Value of per- sonal property. Total amount on which assessment is to be levied. We hereby give you notice that we have, according to the best of our judgment, made the above valuation of your real and per- sonal estate in ward number — , on which the assessment for the current year is to be levied. If you wish to object thereto, you are hereby notified to furnish us or either of us at our office, situ- ate in -- — street, number — , within twenty-one days from this date, with a written statement under oath, according to the form herewith served upon you. To Mr. ? ( Gity ai8iS9ors. Dated at Wniifin nf . ia~ 366 Parties may fur* nlih •tatemenu under oath. Venn. PBIVATB AND LOCAL ACTS 22. After service of the notice, twenty-one days shall be; allowed to the parties to be rated, or their agents, to furnish the assessors with a written statement under oath, of their real and personal estate within the ward in which the rating is to be made, in the following form : Statement of real and personal property of loithin ward No. in the city of Halifax, liable to assessment. Real estate, value £ Personal estate, viz : Household furniture, Monies, Goods, chattels, wares and merchandize, Ships or vessels, or shares thereof at home or abroad, City stock certificates, ... Provincial stock, Total amount, £ City of Halifax, ss. of the city of Hali&x, maketh oath and saith that the above statement is in all respects just and true, and that the sum of — pounds is the full value, to the best of depo- nent's judgment and beUef, of the real and personal estate for which the said is liable to be taxed within ward number in the said city. Sworn to this A. D. 18 - — day of • before me. -■( 'ips^ When such statement cannot be made within twenty-one days, from the absence or sickness of the party rated, a further time may be allowed therefor by the city council. comsMudW r«rfflii 28. The form of the statement and affidavit in the cases of all public and private banks, water and gas companies, insurance com- panies and agencies, marine, life or fire, and all other joint stock companies and bodies corporate, shall be as follows : Statement of the real and personal property of • — , doing business within the city of Halifax, liable to assessment in ward No. . Real estate, value . . . . . £ Personal estate, viz : Furnituie of office, . Goods and chattels, City stock certjfioites, ... . Provincial stock, . . . . . . ' Ket profits or income derived from the busi- ness done within the city dniing the yeai ending Slst Decembtr l^t, . or NovA-soonA. 367 m Halifax city, of the city of Halifax, ss. maketh oath and saith that the above statement is in all respects just and true, and that to the best of this deponent's information and belief the sum of pounds is the full value of the real and personal estate of the said company liable to taxation in ward number in this city, Exclusive of the net profits of income derived from the busi- ness done within the city during the year ending Slst December last, and that such net profits or income are truly set forth above. Sworn to this day of A. D. 18 — , before me. 24. These statements may be sworn to before the mayor or be- fore any one of the aldermen, and must be delivered to the city assessors or be left for them at any time on a week day between the hours often o'clock, a. m., and four o'clock, p. m., at the office or place mentioned in their notices. 26. Whenever a person, company or corporation to be assessed shall deliver a sworn statement agreeable to this law, the assessors shall accept and adopt the valuation sworn to. 26. The assessors shall complete their valuation annually within sixty days from the date of the order of the city council to com- mence their valuation, and then make immediate return of their books of valuation to the office of the city clerk, one for each ward, clearly and correctly made up in writing, and signed by them and by the ward assessor acting for the ward, or by any two of them. 27. The valuation books having been first seen and approved of by the city council, shall be taken back by the city assessors, who shall then proceed without delay to make up one general book of assessment for the city, in which there shall be distinctly shewn the amount of the rate upon each individual or company, distin- guishing the portions assessed for city, county and poor rates re- spectively in separate columns, in such form as the city council may direct, and the assessment book being, so made up by the assessors in duplicate, and signed by the city assessors, shall be returned to the oflfee of the city clerk, and to the clerk of the peace, within fourteen days after the council have approved of the valuation books. 28. As scon m the assessment book shall be accepted and ap- proved of by tbo city 'Kuncil. one copy thereof shall be deposited with the city tiuvivscre:', who shall cause each person or company rated, or their age ;tK, to be served with a notice in the following form : Halifex, — — 18—. You arc '.^ereby notified that you are rated and assessed for the current year. 18 — , cy pay the sum of pounds, — — shillings and pence, for the c:ty, county and poor rates, in ward num- ber — . Unless the amo- mt be paid within thirty days, ten por cent, will be added thereto, besides all charges and costs of collection. To . . city treasurer. 8tatem«nti to b* sworn to hnd d*' livered. Aectptcd. Retarn of vdat' UoD book. OnapproTAl t«b« returaed to as> eessorg, wbo Bball make up «|««h- mcnt. Notice of ment. 368 Warrant Atdif tnu. Mtifcrntet. noder abecon'Ung debtors' act. PRIVATi Alf^ I'PQAJL ACTS 29. If an^ person or company rated and aMesfljOid |ha)l mt p|^ the amount within thirty days after sendee of notice, the city trea- surer may is^ue a warrant of distress to collect it, in the fiUowii^g form : ..■< p CityofHaUfiw. To th? oily constables, or any of them. Whereas is indebted to the city in the sum of for rates for the year 18 — , and has omitted to pay the same ait^r full notice so to do, you shall forthwith distrain the goods and chat- tels of the said for the said sum, and ten per cent addi- tional ; and if within seven days after distress made, the .amount of the rate, with ten per cent., and your reasonable charges in this distress, not exceeding three shillings per day, be not paid you, you shall sell the goods and chattels so distrained upon to satisfy the same. Halifax, , 18—. , city treasurer. SO. If the money assessed be not collected and paid over to the treasurer under the warrant of distress, he may sue for the amount inclusive of the ten per c^nt., or for so much as is not collected, as in ca^e of debt. The action to be in the name of the city. The treasurer's certificate in writing shall be presumptive evidence of the rate being due and unpaid, and shall be sufficient to entitle the city to a judgment without further proof, unless a good and just defence can be made thereto. 31. Any person absent from the province, and any company whose effects are not to be found or are insufficient to levy upon by way of distress, may be proceeded against according to the pn>vi< sions of the absent debtor laws for rates due to the city. CHAPTEE HL OF THE FOOR ASYLU] Pow bouM. 1. The poor of the city of Halifax, who by law are chargeable upon its inhabitants, shall be accommodated, supported and relieved in the city poor asylum. Noootdoorreuet 2. No pension, out-door allowance, or other relief granted to persons not residing in the asylum, shall be granted or paid out of any funds raised by assessment in the city. commiHionen. 3. The houorable Edward Kenny, the honorable Mather Byles Almori, the honorable Hugh Bell, weorge Norton Russell, James Walton Nutting, William Lawson, Charles Twining, Henry Pryor, Thomas S. Tobin, William M. AUan, Thomas E. Grassie, and Audrew M. Uoiaok^ osretoforu the commissiouors of ths poor for OT NOVA-SCOTU. the town and peninsula of Halift«, »nd their sueeessore in o|5qej shall be and continue ft body corporate under the title of " the eommisaioners of the poor asjlum." 4. All the lands and premises in the city, with the buildings thereon, now held or occupied by the said commissioners, shall be vested in the commissioners of the poor asylum in fee simple. The title to the land adjoining the poor house, formerly called the new burial ground, is not to be affected hereby, nor the title of any part of the common now under lease. 5. The commissioners shall each hold office while resident in the city, but may be removed by the governor in council at their discretion. 6. Every vacancy in the commission shall be without delay supplied by such citizen as the remaining commissioners or the major part shall recommend, and the governor in council shall ap- prove. 7. The commissioners by vote of a majority shall have power to make, change, amend or annul regulations and bye-laws for the rule and government of their own corporation — the appointment of all necessary officers, keepers and servants, their duties, terms of office and compensation, or salary ; also for the government and management of the poor asylum, and all its inmates — the admission and discharge of paupers, their food, drink, clothing, washing and lodging — the medical attendance and treatment of the sick paupers — the custody and treatment of the insane and imbecile— the ad- mission of visitors— the due observance of the Sabbath within the asylum— the keeping proper records, journals and accounts, and for securing, as far as circumstances permit, the health, comfort and improvement of the inmates of the asylum. S. All bye-laws and regulations now in force in the asylum or hereafter adopted, shall be without delay submitted to the approval of the governor in council, and when confirmed by them, but not sooner, shall have legal effect ; and a copy of every such bye-law and regulation shall be transmitted to the mayor of the city for the information of the public, and be printed in ^e royal gazette at the charge of the city. 9. The commissioners shall have power to receive all gifts, be- quests and trusts for the benefit of tiie poor of the city, or for relief of other poor persons within the city, or any other charitable and benevolent purpose, and to apply the same as the donors may desire or direct. 10. Any other poor, dck or distressed persons not chargeable on the city, may be taken into the asylum and relieved by the com- missioners out of any funds they may receive by grant from the provincial treasury or otherwise. Such persons shall be in all re- spects subject to the rules of the asylum, and no charge for tlwir support shall be made to the city or its inhabitantti. 11. The commissioners shall have power to appoint and at nleasure to reswve all officers wd aervaats of the MTlum. tit mako ^ ■ 47- "~^'""- 369 Prapmy tutM in tbvm. Teour* of offlo*. VacaueiM. Vomtn. Bye-Iaira, tppro. val of, &c. CommiitteDen may reeeiva (>•• queats, JEO. Traaiient poor. aayton. i 3tO rniVAlfd 'AKD LO«AL ACTS CuperlQtendiiaca thtrsof. ZspulsioD (faerc- from. B«t|ttlcr. Beoktofaceouat. Separate accounts witli paupcn. Separate account of transient and other poor. Abstract of ac- counts t(> be pub- Uibecl. Listi of inmates. Aodtt. DisqoaUacntlon of e8nlracu>r«< all necessary purchases abd contracts for the repair of the buil- dings, the furniture, bedding, food, clothing, implements, materials for industry, and every other thing required in the asylum for the maintenance and employment of the paupers. 12. The direct superintendance of the asylum shall devolve on one of the comraiasioners monthly by rotation, in such order and with such special powers as their bye-laws may define. 13. Any disobedient or refractory inmate may be expelled from the asylum by written order of any two of the commissioners. 14. A register shall be kept, in which shall be duly entered at the time the admission and discharge of each iinnate of the asylum, and such other particulars and transactions as the commissioners may direct. 15. Regular books of account shall be kept, shewing all re- ceipts and expenditure of money by the commi (sioners, or under their authority. 16. An account shall be kept with each pauper, showing his expense and crediting his earnings, and if he earns more at any time than he has cost the asylum he shall have the balance for his own use. 17. A distinct and sej^arate account shall be kept and annually made up, shewing the expenses incurred in the relief all paupers legally chargeable upon tlie city of Halifax, in which the persons so chargeable shall be specified, including their fair proportion of all general expenses, — all orphan children and infants whose pa- rentage is unknown, to be considered as a city charge. This ac- count shall be annually rendered by the commissioners to the city council on or before the fifteenth day of December, and when ap- proved by the city council the amount of it shall be included in the general assessment on the city ; but no other sum shall be charged on account of the poor in the city assessment. 18. The commissioners shall annually publish in the royal ga- zette, an abstract of their accounts, shewing the number of city poor, of transient paupers, the amount of expenses and monies re- ceived, with such other particulars as they deem useful. 1 9. The commissioners of the poor asylum shall twice a year, in January and in June, send to the city clerk a correct list of all the inmates therein, shewng when each one was received and dis- charged, also conveying such information as they may possess of the birth-place or settlement, and of the age and state of health of each inmate ; and these lists shall uc carefully preserved in the city clerk's office, and be accessible to any citizen by permission of the mayor or any alderman. 20. The commissioners' accounts shall be annually audited in such manner as the governor in executive council may from time to time direct. 21. No commissioner, officer, servant or inmate of the asylum, shall be a contractor for supply of any articles required, nor have any commissions or emolument on any purchases or sales comiec- ted with the asylum. his OP NOVA-800TIA, m Dlndini; out of poor chUdrtn. 22. Ardent spirits shn'* .^ot bo admitted or kept in the asylum tiquor»torbid(j«n except under medical char^ - ^or the use of the Aveak and sick, when ordered by a physician. 23. The commissioner, or any three or more of them, shall have power to bind out any bovs or girls who are maintained in the asylum, as apprentices, — the boys until twenty-one years of age, and the girls until eighteen or marriage. These apprentices are not to be taken out of the province, and are to be fed, clothed, lodged, and instructed by the party to whom they are bound. The commissioners, or any three of them, may execute the indentures and affix their corporate seal. They shall preserve a duplicate excuted by the master or mistress of the apprentice, and duly at- tested. 24. All powers and authority conferred by any law of the pro- vince, now in force or hereafter to be passed, upon the overseers of the poor, or upon any other officers entrusted with the care and relief of the poor, shall be held and exercised by the said commis- sioners. Further powtr* of commliiionert. CHAPTER IV. OP THE BRIDEWELL. Bridewell 1. Prisoners sentenced to imprisonment in the bridewell, and Prisoner* to b« persons condemned to be confined there as vagrants or otherwise, shall be kept at work, unless when sick or infirm. 2. The earnings of prisoners shall belong to the city, in order Kamingiof. to assist in defraying the expenses of the bridewell. 3. The keeper shall be appointed and removable by the city Keeper. council at their pleasure. 4. The city council shall have power by their bye-laws to make Regulation of. regulations, and from time to time to change, alter or annul them, respecting the government and administration of the bridewell, — the keeper, officers and servants employed there, — the lodging, raiment, food, drink, health and safety of the prisoners therein, — their periods and hours of labor and repose — their classification as to sex, age or otherwise — their religious or moral instruction — the visitors who may be admitted — the regular and periodical in- spection of the establ ment, its records, accounts and expenses — by any. bye-laws or ox^mances. 979 nilVAVI AKO t.O04& ACM9 ■'7 CHAPTER V. OomnoD. Half-acre lots ImM uoder lean. OF THB COMruON. Cemetery and erovro «UotmeuM. Seocea, Ac. not to be put up near uiudel Ml. IxercUlog ground. CommoQ, how retted. Begulatioa of •oauBen. r.«^t,n„ **»«?'.. to whom leases were granted under ah act of this &rrtrtr*;\*^' fifty-eighth year of his late majesty king nr. J?l ^Z^""^^' v^^P*'^ ^''"•*''"= ^f ^^'•t'"^ half acre lot9"^lyine on each side of the road leadin,^ ^v-estwardly from Pyke's briief out of the ongmal common of Halifax, for the term of nine hunl f/^, n?S:"^T""'*y®*'^'f^^" ^^^^ *h« same agreeably to the lea^nfll ''' ''Ti!-'", "^^^ ^^ *^« ^^^^ P«^««d in the tenth , ferXty seco^^^ ''^^ majesty king George the fourth, chap. ! 2. The portions of the common which have been under former I kws appropriated as a public cemetery, as well as a portion c^ ii; Tf^»,r. ' '"''' ^"""^^ *."^ relinquished to the crovn by an W^inlm^lf '■'■'' 'T^ in the first year of his late majesty king William the ... ,, >. chapter fourth, shall all remain and be for ever b^JKS^': ^1 other leases and appropriations which have tion' w,fc"u '^f Pf ."^'^^y ''"'^'^'"g' f^"''^' 0^ Other erec- S!« Zf^^Afl^'' ^?°'''^ *^* ^ *he salient angles of the for- S^f '^'*^'^ ^'"' Tf''''^ *^« permission of the fommander-in- chief of her majesty's forces in this province ;-and in time of war or a hostile attack upon Halifax feing threatened trcomma,- ?1?I; r. '' ""l^ ^''"^''l^ "" ''""^'"g^' ^"^nces and trees within that distance which may be upon any part of the original common and no compensation shall be due to tfie party damaged. ' \\.% 7 • ^^?^«'°« g^'^nd at the north end of the common tops '^' ''P'" *°^ ^"^ ^'' '^' "^^ ^f ^'' ">«J««ty's rp,t tS®^* *° the foregoing appropriations and leasehold inte- fee timpL ''''*'^ ^''' ^^*' ™ *^' "^^^ "^ H"''^*^^ ^^ rJ;ki%f Tv.'^""*''^ '•"*" ^y *®'^ '^«-'^^« "'"ke rules and ^T^ IT ^' -^^ care management and improvement of the com- mon, and mav impose fineo, not to exceed forty shillings, on evmr peraon who sLaJl trespass thereon in any way.^ Persons conv'S of digging up the soil, of encumbering it with manure offa7 dirt ^hes, earth, stone or rubbish,-of destroving, removing, or darn^ gmg bmldiDgs, fences, trees or shrubs theiS)n,~of injuring th^ •f HOVA-MOTIA. 373 ponds, or taking from them ioo or water, or usinq tho same in any way contrary to the regulations in force, shall in addition to the penalty be liable to pay all expenses incurred in behalf of the city in removing encumbrances and m making good damage, and the value of any thing taken away or damaged, — which expon^^cH or dan iges may be recovered before the mayor's court at the suit of the city if not exceeding ten pounds, and if above ten pounds in the supreme court. 7. Cows, oxen and sheep may be, if the cil see tit, per- c«tue u»«rtoo. xnitted by the rules and regulations to be kep le common, on such conditions as they may prescribe. All ; animals if found there contrary to tl '^ regulations, and all hoic^ea, asses, mules, «wine and goats found there, shall be impounded, and only released on such terms as the regulations shall prescribe. 8. All rents accruing from the leiwed parts of the original com- Bcua. ffiou, shnll be collected under the direction of the city council, and form part of the revenue of the city. 9. The city council shall have power to appropriate any sum iBiprowa«nt9f. annually received from the rents of the common, in the improve- ment and adornment of the parts of it not appropriated or leased. 10. Tho Nova-Scotia horticultural society shall be free from norticuituna m< payment of rent under the leases of eleven half-acre lots, part of *""'"'»"'■ the original c >mmon, held by them for the unexpired residue of the term of nine hundred and ninetv-nine years, so long as such lots shall be occupied and used by the society as a public garden, the other conditions of the leases remaining valid ; but if any part cease to be so occupied and used, it shall be again subject to rent. The other portions of the garden leased to the society for thirty- three years, shall be held under the terms of the lease or leases granted by the city. 11. The title of the crown or of the ordnance department on camp-hiu pro- behalf of the crown, to a certain piece of land on Windmill or "*"''" j Camp hill, is not to be affected by this chapter. ' 12. The city council may grant leases of any portions of the common, not to exceed in the whole one hundred acres, for any term of years not longer than fifteen years, on such rents and con- ditions as they think proper, and on condition that no building be erected thereon. m- aaoa. of 0001- m » ^^ ui% ^ e^.%. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 13.6 Vi, us ■ 4.0 1125 i u 1^ 2.2 2.0 i.8 1^ 1.6 150mm V '^ 374 PfirVATB AND LOCAL ACTS CHAPTER VI. CtneMrr. OP THE CEMETERY. Titles to landa for cooAnsed. 1. Several enactments having been made by the legislature of th.8 proymce at different times, with a view to obtain and secure to the city of Halifax a public cemetery for general use, and that object having been at length accomplished,-the respective titles ot the city to land contained in the public cemetery, that of the Roman catholics to the land held as a Roman catholic cemetery and that ot the officers of ordnance for military purposes, or of her majesty to any land conveyed and now held under these enactments are hereby confirmed. ' The enactments referred to are, the act of 1829. the tenth year of the reign of his late majesty king George the fourth, chapter thirty-two, section eight— m 1833, the third year of the reign of his late majesty king William the fourth, chapter thirty-twof .sec- tion first-in 1837, the seventh year of the reign of his late ma- jesty king Wilham the fourth, chapter seventy-six— in 1838 the farst year of the reign of her majesty queen Victoria, chapter se- venteen-in 1839, the second year of the reign of her majesty queen /ictona, chapter twenty-five-in 1840, the third year of the reign of her majesty queen Victoria, chapter forty-seven-in sV^A <^ *:^^ cLpter thirty^^^^^ ""^^'^ '^ ^'' ""j''*y '^"''° ^'°*°"«' ^^ ^•°"'°""" "' "" . 2- '^e city council shall have power by their bye-laws to nro- vide for the care and custody of the public cemetery, and to make all rules and regulations necessary for managing and improving it 6. Ihe religious principles and sentiments of all persons shall be respected in the framing of such bye laws. 4. The portions already set apart to congregations shall conti- nue under their charge, subject to the general control of the city council to regu ate and to control and to preserve the order and appearance of the whole. 5. No clergyman shall officiate in the portions so set apart except the minister of the congregat-'ra to which they belong or some one by his permission. 1 ^" .^^ei"® shall be a keeper of the public cemetery annually elected by the city council, who shall fix his compensation. lie shall be sworn to the faithful discharge of his duties. He shall keep a book of register and enter therein every burial that takes place m the cemetery, with the name, sex, age, and cause of death as correctly as may be. Of this book there shall be duplicate ori- gina,ls, one to be lodged in the office of the city clerk. These boob or either of them, shall be legal evidence of the fact of burial ' RegulatiOD of co- meterf. »-' R«UgloiiB princi- ple! retpected. Portiont allotted to eongreKktions. OScUkttng of ml' Bittsn. KMpir. ^ OF NOVA-SCCTIA. 375 X 7. The council may direct the further division or allotment of any portion of the public cemetery not already set apart 8. The purchabcrs of lots in the cemetery, who have paid for them, shall hold tho same in perpetuity for them and their kindred. 9. The council may sell the remaining lots in perpetuity. 10. The purchasers of the lots shall hold and use them, if si- tuated within the allotment of any congregation, subject to tho rules of the congregation, and further subject to any bye-law of tho city respecting the fencing, planting, and mode of using them. 11. The city shall keep a record of all lots lots sold, with the requisite particulars to verify the holders' titles. 12. A feo of five shillings for registry shall be paid to the keeper for the use of the city, upon every interment ; and no other fee or charge sh"ll be e.\acted. In case of paupers no fee shall bo exacted. 13. The external walls or fences of the public cemetery shall be kept up and repaired at the charge of the city. 14. No one shall bury the dead in any part of the city except in the public cemetery, the Roman catholic cemetery, the military burial ground at Fort Massy, the navy burial ground opposite the naval hospital, and the cemetery adjoining the episcopal chapel near Dutch Village brook, adjacent to the bridge at the three-mile house. To offend against this shall be a misdemeanor punishable by fine and imprisonment. Turthw tllet- mCDt3. Purchaien to liavc fee ilcnt.lv £ale of remainder. Mode of bolding lou. Record of loti bold. Fee for registrr of liUermcuU. Fencei, «zp«nia« uf. Restriction of placea of burUi. r rl, £.52 J CHAPTER Vn. OF THE TRACK OF STEAMERS IN THE HARBOR OF HALIFAX. H«rbor. 1. In order that the track of the steam feiTy boats between the Limitation of aa- city md Dartmouth may be kept clear, vessels are not to be an- gJJ^Ju fe^^tU- chored, moored, or to lie within the portion of the harbor of Hali- "»"'» '■•»«''• fax following : — The space contained within a line drawn from the north-east corner of the market wharf to the north-eastern corner of the steam- boat dock, as a western boundary, — a line from the north-eastern corner of the steamboat dock, extending in a direction towards the west end of Boggs' street in Dartmouth, until it reaches a point six hundred feet from the south-east end of Bauer's wharf, where a buoy shall be kept as a northern boundary, — a line from the north-east corner of the market wharf, in the direction of the north side of that wharf protracted eastwardly into the harbor six hun- dred feet from the end of the wharf, at which point another buoy ehall be kept — and a direct line to reach trom one of these buoys r' to the other, as an eastern boundary. 376 PRZVAI9 4)n> lOCAl AOtS MkUtiMtter^ tnok. Ttouty for viola- ting regulatloDs M to ferry ttea- atrs. As to utll Btea- mere. TjiMIs going into or out of Jock. Display of Ughti Bpeedafiteauers Xwtvnrrofpe- ..A ^ ^"^^I *^' ^^^^ P****?e for the royal mm itwmtn mav part of Halifax harbor to the southward of Collina' wharf ^thkf space to commence fifty fathoms Irom the eaaterS^exStrof^he f '"5*'^'' '''' *^« ^««^''» «de of the harbor, the^ to extend one hundred and fifty fathoms eastwanily to^ardTthrcentre thereof,-nor ,n that part of the harbor nJrth of ColK' whS th Jk T' ?l° ''''' ^""^'■•^ "'^ fi% «»thoms to the wert sfde^f the harbor, to be measured from the extern extrem ty of the wharf which 18 nearest to such vessel. *"«ui«y w ino wnarl .1, n Sr *n ® '"^^^"^ ^"^ ^^'^^^^ P^won «» command of anv vmm! te.f nTl^f ^.7^'V^\^°^^"« provisioiTas the Umi7apS! ted to be kept clear for the benefit of the fewy steamere he shall pay a penalty not exceedj.ig forty shillings, or If Srundtr any circumstances anchored, or moored, or Sing wiZ tise Lh/ he shall not remove the vessel therefrom within tSohtSLafte; written notice to that effect, he shall pay a like nenX ,,nL- VkI state of the weather should'make it d'^^ous toTe t's^l!"^ '^' uu -.1 , ^'^^^ ^^ other person in command of any veasel shall either place it at anchor or ^er it to remain witL 2fe hSta appointed herein to be kept clear for the track orS^roytl maal steamer^, he shal pay a penalty of forty shillings ! S aftSr a further penalty of ten shilhngs an houi- untU the vessel is n- nJc X^^f^ *'°*®"°^ '"^' g'^^^g <>"* of' or lying in or at any dock, wharf, quay or pier, or dropping anchor iJ progress of cSS^ ing orgomg, are not to be coiitru^ as violatiigltriilteif there be no unreasonable delay. ^ ' " 6 If any vessel shall from any cause be within the pr x^i o™A^'^ •' ' '"®T°* 'is*'* '^*" ^ «Wbit«d ^^ the masth-td 9r some conspicuous place, from the time darkness seta in,-ifche vessel be withm the space first described, until half JstTen in he evening,-and if the vessel be within the space to be kent dm on oiriir'T'*^' "^^ ''rV^ to beexEtS liltel^tVrn of day],ght,~unaer a penalty of forty shillings, to be paid by the mMter or person m command of the vessel. ^ 7. No steamer entering or leaving Halifax harbor vessels of war excepted shall, while inside of lleorge'risUnd pS *t bepaidbytheowner, master, or agent i~«««. w pJrV „nTl!'n u"*^^'?!? *°* may be recovered in the mayor's slT'betrr ^ ^tll^, *^« ^ ^ ^^ City, -d /piJ L_ OF NOVA-SCOTIA. 377 CHAPTER Vm. OP AUCTION LICENSES. 1. Auction licenses in the city of Halifax shall be granted bj Auction liceniei. the city council, and shall be made out and issued by the clerk of the licenses, upon payment to the city treasurer of a duty of twen- ty pounds, anci every such license snail continue in force for one year. 2. The city clerk and the city clerk of licenses shall each for FeoIN0 SOCISTT ; act for the regulation of, 10l». BUBIAL OBOUNOS- act relating to, a VTindsor, 147. Tarmontb, 147. Dartmouth, i50-l-2. Mosquedoboit, 152. Lunenburg, 153. KentvlUe, 164. Cornwallii, 165. CAPS BRirroN- act for Mttling UUe« in, 125. to confirm titles in, 125. CAB?ZMTEB&' SOCIETY ; act incorporating Halifto, 164. CEMEl'ERY— act authoriiiug appointment of trustees for, &c., Ckirnwallis, 66. Yarmouth, 147. CHEZETCOOK ; act providing for erection of dyke across the harbor of, 809. CBURCH socurriES— act to incorporate Halifiix association In aid of colonial church society ,^43. diocesan church society, 44. Wetleyan bodiet to oonnexioa with metlwiUst obnnb. 4>. 380 INDEX. cucBOH eiQOirnx&-(coHti)tutd.) oonoernlng property of the methodlst society U Halites, M. for veitiog Uuidi of tiie pmbytrrian cliurcb In ComwalUt in trui t tet, *o., 6T. in lunendmcnt uf the precuUtng act, 69. to incorporate trustee* of 8(. Matthew'i, Ualiftu, 68. to amend the same, 71. to vent certnin lands of the pretbyterian church in Picton in truitcei, Itc., 13. toautliorin: Inutees for prt'Hbyterian ohurch, lie, at TataMagoucbe, 75. to authorize trustees for presbyterlan eoogregatioB at BiT«r Jobo, 77t ' to Uicorporate the Konuui catholic bishop in IIaltlla.T, 80. to extend the provisions or the last mentioned act, 83. to Incorporate tlie trustee! of tlie evangelioal Lutberao cbordt a( IiOneBburg, 85. CLARK ; act relating to common at, 143. COLLEGES— act for establishing a college in this province, 7. to iucorporato alumni of King's, Windsor, 9. to incorporate governors of Dalhousle, Ilaliikz, 12. HUlliorizlng loan to governors of Dalhousie, 14. upiwiutment of new board of goveraori, 16. umcnding act, 17. to incoriwrate (Queen's) Acadia, Ilorton, IS. In amendment, 21. to alter the government of Acadia, 23. to locoriwrHte St. Mary's, Ilaliltix, 23. C0MM0N8- acts relating to Lallave, 138, 141. Lunenburg, 141. | Sydney, C. B., 145. Annairalis, 135. Dartmouth, 128, 131, 4. Clare, 143. C0KNWALLI8— act relating to burial ground at, 155. incorporating bridge company, 302. vesting lands of presbyterian church in trottees, &c., in, 67. in amendment thereof, 50. for appointing trustees of baptist church and cemetery at, 66. COURT HOUSE ; act for providing in Halifax, 329. DALHOUSIE COLLEGE ; act for IncorpotaUng, 4c., 12, 14, 16, 17. DARTMOUTH— act concerning town pro|ierty In, 127. to enable the inhabitants of the town plot to use the cainmoo field, he., UB to enable the governor to appoUit trustees, &c., 180. to regulate the common, 131. in addition to the last mentioned act, 134. burial ground ; act for establishing at, 161. act for appointing trustees thereof, 152. incorporating water company, 217. in amendment thereof, 223. in l\urther amendment, 224. ' providing 9re engines at, 330. DIOBY i act Incorporating water company at, 224. EDUCATION SOCIETIES— act for incorporating Baptist E. 8 , 31. educational board of prethyteriaD ohunh, M. ELECTRIC TELEORAPH— act concerning, 106. incorporating company to build from Traro to Piotoa, 178. Nora-9ootia otnpany, 18T. INDBX. 381 VIBE INSUBANCE- ■ct tor incorponUlng eompAnjr, 22T. reUtIng to Halifax are liuuranoe company, aso. nsniNO AND TRADINO COMPANY ; act Inoorpofatlng at Ptetou, 8M. rLKTCHKR, MOORK R. -, act enablioB letters patent to iiiue to, IM. fOG BKliL ■, act granting letten patent for loventlon of, IM. OAS LIQirr AND WATER COMPANV— act for incorporating, 195. In amendment, 199. in furtlier amendment, 200. for incorporating Iceronene company, 201. in amenttinent, 203. inoorixirating IMctou company, 201. in amendment tlivrvof, 208. OIVAN WHARF ) act to incorporate company, 321. HALIFAX— act for incorporating Dalhousie college at, kc, 12, 14, 16, 17. St. Mary's at, 23. for eatablistiing public school in, 30. for incorporating royal Acadian school society, 85. association in aid of colonial church society, 48. concerning property of methodist society at, 50. Incorporating trustees of St. Matthew's church in, 68. in amendment thereof, 71. incorporating Roman catholic bishop in, 80. extending provisions of last named act, 8S. for dividing parish of St. Paul at, 86. incorporating mechanics' institute at, 00. trustees of the masonic hall at, 91. temperance hall company at, 99. carpenters' society at, 164. gas light and water company, 105-9, 200. water company, 208, 214, 31S, 316. relating to fire insorance company, 230-1. mutual insurance company, 234. marine insurance company, 235. for facilitating luusage across the harbor of, 282, 284. relating to steam boat company of, 284, 286. incorporating Halifax and AnnapoUs steam navigatioii eompauy, 286. extending eastern shore road in county of, 328. to provide for erecting court house in, 8SB. incorporating city of, 331. HARBOR OF HAUFAX— act for bcilitatlng passage across, 282. in amendment thereof, 284. HOBnCULTURAL 80CIETY- act for encouragement of, 192. fbr incorporation of, 103. In addition to, 194- in amendment of, 195. nOiAMI) MATIOATION ; acU for encouragemtot of, W, 291 IN8UBANCE COMPANIES- act for incorporating as against fire, 227. relating to HalUax fire insurance, 230. to establish additiosal shares, 281. to incorporate Halifax and Dartmouth mnhitl, ttt- to incorporate a marine hi Haiibz, JBS. to amend the same, 248. to flirther amend the same, 250. to amend nTeiatioUiM«rvontliigM«r«Si»UaaMI*H»BiilteaMr)tte, Ml. k-^ , ;:»!*^; 38s2 INDEX. 1N8LBASCE COMPANIE«-any, 32T. LIVERPOOL— act lnoor|H>rating navigation and commercial company at, 290. authoriiing erection of drawbridge over river in town of, 801 for removal of obatructiona on river, 824. LCNENBL'Rfl— act for n-guluting common at, 141, burial ground, 163. ' incorporating trustees of evangelical Lutheran church at, 85. temperance hall company at, 100. MAITLAND ; art incorporating temperance hall company at, 104. MABOARETVILLE ; act to incorporate pier company, 313. MABINE- act granting letters patent Ibr alarm bell, 186. Insurance company, incorporating, &c., 235, 248, 250. Nova Scotia marine Insurance company amending acta, &c., 261. incor|)orating Avon marine insurance company, 267. MARSHALL COVE ; act incorporating pier company at, 318. MASOMC HALL ; act to Incorporate trustees of, 01. MECHANICS' INSTITUTE ; act to incorporate at Halitez, 00. MEDWAY RIVEK ; act to provide for removal of obetrucUons on brookl, he., 826 MEETING HOUSES— act authorizing repair of baptist meeting house at Bridgetown, 61. in amendment thereof, 66. authorizing repair of baptist church at Canard, 66. MILLS I act to incorporate lequille manufacturing company, 327. MINING ASSOCIATION ; act for Incorporating, 156. MIRE GRANT ; act for settling titles under, &c., 122. MUSQUEDOBOIT ; act reUting to burial ground at, 152. NAVIGATION— act for encouragement of inland, 288. In amendment thereof, 201. to incorporate commercial company, Liverpool, 200. NOVA-SCOTIA- act to Incorporate electric telegraph company of, 187. horticultural society of, 102, 3, 4, 5. amending acts for incorporating Nova-Scotia marine insurance company, 2A1. enabling last mentioned company to compensate directors, Ifc., 262. incorporating union marine instu-ance company of, 4«., 263, 266. Incorporating bank of, irc., 270, 270, 280, 282. OBDNANCK OEF ABIMKMT ; aet VMUog «ertain bad* la the principia offlom, of, 120. INDEX. 383 PICTOU- Mt for Ibundlnf lui M«d«B)]r U, ^., 35, 27, 38, 30. kppointing truateei of public property in, I'M- Ibr railing ftindt in the county of, Ittt Inoorpontlng fisctric telegraph company at, 178. Incorporating gai light cani|>fc.-:y at, 304. In amendment thereof, 30N. Telling real eatate of preibyterian church intraitMf, ^c, at, 73. Incorporating Hihlng ami trading cimpany at, U3H. PIKR— act to incorporate Wllmot company, 311. to incorporate Margaretvliie company, 313. to incorjiorale Ayleifiinl compan;', 316. to lncor|>nrat« Manhall cove company, 318. PCBUC PROPEKTY- act appointing truateei for In Pictou, 124. concerning town property in Dartmouth, 137. BIVKR- act empowering pretbyterUn congregation at Rirer J<>lin, In Rppoint truiteei, 4*-' providing for removal of obitructloni from LlreriKwi, a-U. JoriUn, 330, Medway, brouki on, 320. ROAD ; act Ibr extending eaitern ihore In IlHlinix, 328. R0B80N, TII0MA8 i act enabling letteri patent to iuu« to, 169. ROMAN CATHOLIC BISHOP— act for Incorporating in Halifax, 80. extending provUions of, 83. 8CQ0OLS- aci for eatabliihlng a public Khool In th« townihlp of llalibx, 30. to incorporate Acadian ichool, 36. SONS OF TEHPERANCX ; act to incorporate grand and aubordinate dlritloBi, 94. STBAM BOAT— act relating to company at Halibx, 884. concerning, 286. to incorporate the Halihx and AnnapolU atcam navigation company, 886. to incorporate the Sydney company, 287. 8T. MARY'S COLLEGE ; act Incorporating, jtc, 23. ST. MATTHEW'S— act to incorporate trustee! of church at Halifax, 68. Inamendtr . ''t. ST. PAUL'S ; act for dividing the u-.^u of, 86. ST. PETERS' CANAL COMPANY— act to incorporate, 291. in amendment thereof, 297. SYDNEY, C. B— act for regulating common at, 145. incorporating temperance hall company at, 106. (team boat company, 387. TATAMAOOCCHX ; act appointing tru«t«e« of cborcb at, 75. TEtEGRAPH, ELECTRIC— act concerning, 166. incorporating company to build t^om Truro to PIcWu. 178. Nova-Scotia company, 187. TEMPERANCE HALL- act to iacorponte coapany at Haliftx, 96. Windsor, 100. MaitUnd, 104. Sydney, C. B., 100. T-miAnhnrj, IQO; 77. 384 iK»n. TITLn— •ct fcr tMtlnir cwtain l«ivl« In oflhMn y>rt » «t, WO rrpcaUnir citUia provtolom and «ul>«UtiiUn| oUMn tooehlnt lb* Mlr« r«M, 1* nttUnf in Ckfx Breton, 12&. conflmilng, 13ft. WATIR COMPANY- KCt for Inrorporktlnf with (M light cotspMr. N*. in UDVDdment, 190. to fUi tlt«r amendment, 800. Incorporating llallhx, 20H. In amrndmrnt thereof, 214. to «i»ble the company to eonitruot a rMerroIr on Halltu eoBunon, J16 in amendment thereof, 318. Inoorporallng Dartmouth, 31T. in amendment thereof, 223. In Airther amendment, 324. incorporating the Digby, 224, WHABF- act to Incorporate Olran company, 331. commercial of Yarmoulb, 333. WILUOT i act to Incorporate pier company at, 31i. WINDSOR— act enabling the Inhabitant* to epcloae burial graund a», 147 . Irxorporating temperance hall company In, lOO. YARMOlTn— act lor eiublithlng cemetery at, 147. for encouraging Inland navigation at, 288. in amendment thereof, 291. t« Incorporate conu»«r«laJ wharf covpany oC, 323.