Repealed by 9th Geo. 4, C. 20. Expired Expired This Act amenda 7,Geo. 4, C. 8. See also 4th Wm. 4th, C.69, 5,Wm. 4th, C. 31 Justices in Session may performed on CAP. XX. An Act in addition to the Act, passed in the Second year of His late Majesty's Reign, entitled, An Act for regulating the Exportation of Fish, and the assize of Barrels, Staves, Hoops, Boards, and all other kinds of Lumber; and for appointing Officers to survey the same. CAP. XXI. An Act to continue the Acts now in force relating to Tres passes. CAP. XXII. An Act to continue the Act to provide for the accommodation and billetting of His Majesty's Troops, or of the Militia, when on their march from one part of the Province to another; and also the Acts in amendment thereof. CAP. XXIII.) An Act in addition to, and amendment of, the Act relating to Highways, Roads and Bridges. E it enacted, by the Lieutenant-Governor, Council and Assembly, That the Justices in the General Sessions of the Peace, in and for each of the several Counties direct Highway and Districts in the Province, shall and may, and they are hereby authorized, at any Labour to be General Sessions of the Peace, to be holden in such Counties and Districts, to grant any particular permission to any person or persons in the said Counties and Districts, to perform his or their Highway or Statute Labour, in the said several Counties and Districts upon such Roads as they, the said Justices, shall direct and appoint; and the faithful performance by him or them of such statute or highway labour, in pursuance of such permission, shall be deemed and taken to be the doing and performing his or their statute labour. Provided, that such person or persons as may obtain such permission shall, within one month after the performance of such statute or highway labour, obtain from the Surveyor of Highways, for the district in which such person or persons shall reside (who if the said labour has been faithfully performed, is hereby required and directed to grant the same,) a certificate or certificates of the due performance by such persons of such labour; which said permission and certificate or certificates shall be a bar to any action to be brought against such person or persons, under or by virtue of the Act of which this Act is an amendment. Proviso Certificates of performance of Labor on private ways 11. And be it further enacted, That the respective Courts of General Sessions of Gates and Baru the Peace, in each and every of the Counties and Districts of this Province, are hereby authorized to direct such and so many gates and bars as the said Courts, in their several General Sessions of the Peace, may think fit, to be placed and kept upon private and particular ways, heretofore or hereafter to be laid out in the said several Counties and Districts; and the said Courts respectively, are hereby authorized to make Regulations of such regulations, respecting the placing and keeping the said bars and gates upon such private and particular ways, as they for that purpose, may think expedient and proper to appoint. by Court of Sessions And And whereas, the mode observed by Road Commissioners, for laying out new Roads, Preamble and valuing the Lands through which it may be necessary to make the same, pursuant to the provisions of the thirteenth and seventeenth sections of said Act, has been found 'tedious and expensive, for remedy whereof: Appraisers for laying out new be sworn Plan, &c to be returned to Prothonotary, for inspection of Judges of Sup. Court Judges may confirm or an nul returns III. Be it enacted by the Lieutenant-Governor, Council and Assembly, That when ever any Commissioner or Commissioners of Roads, shall receive an order of Council, under the provisions of the said Act, to go to work on a new Road, or to alter an old one, he shall immediately after notify all persons interested, as by said Act is directed, and require the parties so interested, to nominate one fit and proper person, to act in conjunction with a person to be appointed by the said order of Council, to act as an appraiser on the part of Government, for the purpose of laying out the Highway or Road so ordered to be made or altered, and valuing the land wanted for the same; and the two persons so nominated and chosen, shall take and subscribe an oath or affidavit before one of His Majesty's Justices of the Peace, faithfully and Appraisers to impartially to lay out such Road in the way most advantageons to the Public, and least prejudicial to the owner of the lands, and to appraise and value the lands wanted for such Road, the damages to such owner or owners; and after being sworn, it shall and may be lawful for the two persons so chosen, to enter upon the lands through which such Road is to be made or altered, and to lay out, measure and mark the same, and to value and appraise such lands, and to assess the damages to the owner or owners, tenant or tenants, of such lands, according to the just and reasonable value of the same, in the same manner as the said Act directs a Jury to do; which valua - Valuation tion being made in writing, and accompanied with the plan and admeasurement of said Road, shall be returned to the Prothonotary or Deputy Prothonotary for the County or District in which such lands lie, who shall lay the same before one or more of the Judges of the Supreme Court, or the Senior Judge, and one or more of the Judges of the Interior Court for such County or District, and such Jurige or Judges shall thereupon make an order for the parties interested, to shew cause, by a short day, why such plan and valuation should not be established and confirmed, and after hearing the parties, in case they desire to be heard, it shall be lawful for said Judge or Judges either to confirm, or set the same aside, as the case may require, and to order another valuation and appraisement to be made by the same persous, which shall be final between all Mode of prothe parties; and in case the persons so appointed, cannot agree upon a plan and valuation of such Road, then each of such Referees shall make a separate plan of such road, with the valuation thereof, and return the same to the said Prothonotary; and he said Judge or Judges shall, immediately after such return, nominate and swear a fit and proper person to act as an umpire between the said referees; and the determination of such umpire, made in writing, in conjunction with one or both of said referees, shall be final and conclusive, and be made a Record of the said Supreme or Inferior Court, and the parties shall be entitled to be paid the amount according as the Law directs. Provid- Proviso ed always, in case the parties interested when called on as aforesaid, shall neglect or refuse to nominate a person to make such valuation as aforesaid, it shall and may be lawful for the said Commissioner to give notice of such refusal to the said Prothonotary or Deputy Prothonotary; and it shall and may be lawful for one or more of the said Judges of the Supreme Court, or for the Senior Judge of the Court of Common Pleas, for the County or District, to order the parties interested in the Lands so wanted, to shew cause, by a short day, why he or they refuse to nominate an appraiser as aforesaid; and in case he or they persist in refusing to make such nomination, or shail fail or neglect to shew sufficient cause to justify such refusal, it shall and may be lawful for such Judge or Judges, to nominate and swear a fit and proper person to act on behalf of such per- Judges may son or persons, in conjunction with the person named in such Order in Council, for the purpose of laying out and valuing such Road, and the proceedings of the persons so nominated shall be equally as good and valid as if he had been chosen by the parties interested; and the said Judge or Judges, in case of disagreement, shall nominate an umpire and proceed in the same manner as hereinbefore directed. IV. And be it further enacted, That it shall and may be lawful for the said Commissioners, C cedure if return 19 aunulled nominate ap praisers Commissioners sioners, or the parties interested in the lands, to complain to one or more of the Judges may complain of the Supreme Court, or to the Senior Judge, and one or more of the Judges of the said to Supreme Court Inferior Court, in case either of them shall think there has been any error in the proceedings herein before directed, and it shall be lawful for the said Judges to hear and examine into the cause or causes of such complaint, and to ratify the same, if necessary; or otherwise, if occasion shall require, to set the whole proceedings aside, and to nominate and swear three fit and proper persons, to lay out such road, and make such valuation; and the determination of such Referees, or any two of them, when confirmed and recorded with the Prothonotary, or his Deputy, by the order of such Judges, shall be final and conclusive. V. And be it further enacted, That the Provisions contained in the said Acts, which direct new Roads and alterations of Roads to be laid out and valued by a Jury, shall be no longer observed or acted upon; but all future plans and valuations of such Roads, shall be made as in and by this Act is directed; and such plans and valuations, when so made, confirmed and recorded, shall be to all intents and purposes as good and valid as if the same had been made by the Sessions and Jury, as in and by the said Act is directed, it being the true intent and meaning of this Act, hereafter to substitute the laying out of new Roads and alteration of old Roads, with the plans and valuations made by referees or appraisers, under the directions of the said Judges, in the place and stead of the same proceedings, which the said Act has directed to be performed by Justices of the Peace, Special Sessions of the Peace, Clerks of the Peace, Sheriffs and Juries. CAP. XXIV. An Act to alter an Act, passed in the sixth year of His Majesty's Reign, entitled, “An Act concerning Schools." CAP. XXV. An Act to revive and continue the several Acts of the General Assembly, for raising a Revenue to repair the Roads throughout the Province, by laying a duty on Persons hereafter to be licensed to keep Public Houses and Shops for the retail of Spirituous Liquors. Seo 10, Geo. Preamble Brand marks to be entered in a Book by Town Clerk CAP. XXVI. An Act relating to Common Fields. WHEREAS, great inconvenience has been felt by the Proprietors of Common Fields, from Individuals, or other Proprietors of Common Fields, marking Horses and Cattle with a brand or mark, similar to that previously adopted, and used by such first mentioned Proprietors, for remedy thereof I. BE it enacted, by the Lieutenant-Governor, Council and Assembly, That from and after the passing of this Act, every brand or mark adopted by the Proprietors of any Common Field, in and by their regulations concerning such Common Field, or otherwise, for the purpose of branding or marking the Horses or Cattle, turned or to be turned into such Common Field, before the same shall be used for that purpose, shall be entered by such Proprietors in a Book, to be kept by the Town Clerk of the Township or Settlement wherein such field may be situate, who shall receive for so recording the said mark or brand, the sum of one shilling. II. than one mark II. Provided always, and be it further enacted, That such Town Clerk, after entry Penalty for onof any such brand or mark, shall not so enter any other brand or mark, similar thereto, tering more under penalty of Ten Pounds; to be recovered by any person who shall sue for the of the same same, by bill, plaint or information, in any Court of Record, to be applied, one half to description the use of the person who shall so sue for the same; and the other half to the use of the Poor of the Township, Parish or Settlement, in which the Office of such Town Clerk may be situate, III. And be it further enacted, That it any Proprietor or Proprietors of any Common Field, or any person or persons by him or them, or any of them, duly authorised or appointed, shall brand or mark any horse or horses, ox or oxen, cow or cows, or other cattle whatsoever, for the purpose of turning them, or any of them, into any Common Field, with any brand or mark not duly entered or recorded by the Town Clerk, in manner aforesaid; or if any person or persons shall imitate, counterfeit or use, any such brand or mark so entered and recorded as aforesaid, for the purpose of marking or branda horse, ox, cow, or any other beast of the description aforesaid, except such person or persons as may be authorised and entitled so to do, under and by virtue of the regulations of the Proprietors of the Common Field, so having adopted and entered such brand or mark, with the Town Clerk as aforesaid, each and every person so offending or being accessary thereto, on conviction thereof, before any two of his Majesty's Justices of the Peace, for the County or District wherein the offence shall have been committed, shall, at the option of such Justices, be adjudged, either to be committed to the Common Jail of such County or District, for a term not exceeding three Months, nor less than one Month, and be accordingly committed by Warrant, under the hands and seals of the said Justices, or shall be adjudged to forfeit and pay a sum not exceeding Five Pounds, nor less than Three Pounds, with costs of suit, to be levied by warrant of distress, and sale of the Offender's Goods and Chattles, and to be paid, after deducting such costs, to the Overseers of the Poor, for the use of the Poor of the Township, l'arish or Settlement, wherein such offence shall have been committed. And whereas, from the length of time now allowed by Law, after notice given to persons holding Lands adjoining such Common Fields, to repair their Fences dividing their lands from such Common Fields, before a Fence-viewer can legally proceed to cause such deficient Fence to be repaired; great injury is often done to such Common Fields, for remedy thereof: Penalty for en tering or counterfeiting Brand mark Preamble Owners of Common must repair fence fences to be re IV. Be it enacted, by the Lieutenant-Governor, Council and Assembly, That, the Proprietor or Proprietors of any Field, adjoining to any Common Field enclosed and lands adjoining improved, in case his or their part of the Fence dividing his or their Land from such Common Field, shall become deficient or out of repair, shall immediately repair such deficiency, and make the same a good and sufficient legal Fence, and in case he or they neglect so to do, within the space of three days after notice given him or them, it shall and may be lawful, and any one of the Fence-viewers, upon application being made to Fence viewers him in such case, is hereby empowered, forthwith to cause such deficient Fence to be may cause built up and repaired, if, in his judgment, the same be insufficient; and the person or paired persons that of right ought to repair and maintain the same, shall pay double the costs and charges expended for the closing thereof, and in case of refusal, such Fence-viewer may recover the same, by action on the case, according to the value, in manner aforesaid. Provided always, that no Fence-viewer shall be allowed more than three shillings per day in his account, for his own trouble and time expended herein. And if any Fence-viewer, when notified, shall neglect his duty herein, he shall forfeit Two Pounds for each offence, to be recovered on due proof before any Justice of the Peace, for the County or District in which such lands shall lie; one half to the person who shall prosecute for the same, and the other half for the Poor, of the Township or place where the offence shall be committed. Proviso CAP. CAP. XXVII. Preamble Money may be borrowed on credit of the Town for buy ing land and erecting Maga zine Magistrates to appoint Keep era and fix Storage An Act to authorize the Justices of the Peace in the Town of Halifax, to borrow Money, on the credit of the Town, før erecting a suitable Stone Building, as a Magazine for the reception of all Gunpowder imported and brought into Halifax, and to compel the Importers thereof, to deposit the same in the Magazine. WHEREAS, His Excellency the Commander in Chief, by Message, informed the Honourable House of Assembly, that he has received a Communication from the Ordnance-Store-Keeper-General at Halifax, accompanied by an Order from His Grace the Duke of Wellington, and the Honourable the Board of Ordnance, not to permit any more Powder, owned by the Merchants, to be received into the King's Magazine at Halifax, and to cause what might be then in Store, to be removed as soon as a place could be procured to contain the same: And whereas, it is indispensably necessary for the preservation of the Town, and conformably to the said Message, that a suitable Stone Building should be erected, for the reception of Gunpowder: J. BE it therefore enacted, by the Lieutenant-Governor, Council and Assembly, That the Justices of the Peace for the Town of Halifax, shall and may borrow, on the credit of the Town, such sum of Money as may be necessary to purchase a piece of ground, and to erect a suitable Stone Building thereon, for the reception of all Gunpowder now in the King's Magazine at Halifax, belonging to the Merchants; and all Gunpowder which may hereafter be imported or brought into this Town. II. And be it further enacted, That the said Magazine, when completed, shall be the property of the Town of Halifax, and shall be under the control and management of the Magistrates, who are hereby from time to time empowered, in any General or Special Sessions, to appoint fit and proper persons to take charge of the same; and also to establish a rate of Storage, for all Gunpowder deposited in the Magazine, which storage shall be applied to the payment of the interest of the Money borrowed, and towards To be applied the liquidation of the principal, the said Storage, to be recovered in the same manner, as any other debt, in an action, to be brought by any three of His Majesty's Justices of the Peace, for the Town of Halifax, to payment of Loan All persons III. And be it further enacted, That so soon as the Magazine, so to be erected, shall bound to store be ready for the reception of Gunpowder, all and every person or persons, importing or Gunpowder in Magazine bringing Gunpowder, not belonging to His Majesty, into Halifax, or to whom any such Gunpowder may be consigned, shall immediately store the same in the said Magazine; and if any person or persons, importing or bringing into Halifax any Gunpowder, or any person or persons to whom any Gunpowder shall be consigned, shall store or deposit the Penalty for re- same in any other Building, of whatsoever description, within Ten Miles of the Town fusal or neglect of Halifax, except the quantity allowed by Law, for persons to have in their possession, the person or persons, refusing to put their powder into the Magazine, or who shall deposit Gunpowder, in any other Building within Ten Miles of the Town of Halifax, shall pay a fine of Twenty Pounds, and the Justices shall seize the Gunpowder as forfeited; Application of and shall apply the proceeds arising from the sale of the Gunpowder, as well as the Fine, in the same manner and to the same use, as the Storage, to be paid, is heretofore directed to be applied; the said fine to be recovered by bill, plaint or information, in any of His Majesty's Courts of Record in the Province, by any three of His Majesty's Justices of the Peace for the County of Halifax. Gaes After paying receipts to be IV. And be it further enacted, That after the debt incurred in borrowing money, shall the debt-the have been paid, all sums arising from the storage of Gunpowder, and from all fines or come Town forfeitures, and the proceeds arising from all Gunpowder, so seized as aforesaid, shall be applied to Town-purposes; any law, usage or custom, to the contrary notwithstanding. V. And be it further enacted, That there shall be granted and paid, out of the Trea Property sury |