HALIFAX CHARTER WITH THE ORDINANCES AND BY-LAWS AND THE f; H. BEEE, K. c. R. T; MacILREITH, K. C HALIFAX, N. S. Printed by the Commissioner oe Public Works and Mines, King’s Printer 1914 Royal Print & Litho, Limited < THE HALIFAX CITY CHARTER WITH THK ( s 'o ORDINANCES AND BY-LAWS F- H. BELL, K. C. R. T- MacILREITH, K. C. REVISERS. V 'YS . - C An-rA [ HALIFAX, N. S. Printed by the Commissioner of Public Works and Mines, King’s Printer 1914 Royal Print and Litho, Limited Province of ^ NOVA SCOTIA f James D. McGregor. GEORGE the FIFTH, by the Grace of God , of the United Kingdom of Great Britain and Ireland , and of the [l. s.] British Dominions beyond the Seas, King , Defender of the Faith, Emperor of India. O. T. Daniels, Attorney General. To all to whom these Presents shall come, or whom the same may in any wise concern, Greeting: HEREAS, in and by Chapter 67 of the Acts, passed by the Legislature of Nova Scotia in the session thereof held in the year A. D. 1913, and in the third and fourth years of His Majesty’s reign, entitled “An Act res- pecting the Charter of the City of Halifax”, — it is among other things in effect recited as follows: — That Mr. F. H. Bell, K. C., and Mr. R. T. Mac- Ilreith, K. C., the Commissioners appointed in pursuance of the authority of Chapter 77 of the Acts of 1912, to pre- pare certain amendments to the Halifax City Charter and Acts in amendment thereof, had prepared such amend- ments, and had also revised and consolidated the said charter and amendments thereto, and had embodied such amendments, revision, and consolidation in an Act which had been printed, but the sections whereof had not then been numbered, nor had the same been then reduced to the form of a book but was contained in the printed roll, which printed roll was by the Governor-in-Council brought into force by a Proclamation or Order-in-Council dated the 1st day of April, 1913, and that it is expedient to provide for A PROCLAMATION IV PROCLAMATION the incorporation therein of certain statutes relating to the City passed during the said session of the Legislature of Nova Scotia, and for giving the force of law to the body of such enactments when so further consolidated. And whereas, it is among other things in effect enacted in and by said Chapter 67 that the Governor-in-Council may select such Acts and parts of Acts passed during the said session of the Legislature of Nova Scotia, as he deems it advisable to incorporate with the enactments contained in the said printed roll of the Commissioners, and may cause them to be incorporated therewith, adapting their form and language to those of the said enactments but without changing their effect, inserting them in their proper place in the said enactments, striking out of the latter any provisions repealed by or inconsistent with those so incorporated. That the Commissioners shall prepare a schedule show T - ing the statutes and provisions which are embodied in the said revision and consolidation, and the extent to which such statutes and provisions are from the time of the coming into force of such revision and consolidation to be repealed. And whereas, such Acts and parts of Acts as aforesaid have been so selected and have been incorporated with said enactments, and such amendments have been made therein, and the Commissioners have prepared such Sched- ule, and the whole has been printed in book form and the sections thereof numbered. ' And whereas, the Commissioners have made such al- terations in their language in the said enactments as are requisite to preserve a uniform mode of expression, and have made such minor amendments as are necessary to bring out more clearly what they deem to be the intention of the Legislature and to reconcile seemingly inconsistent enactments, and to correct clerical errors, by inserting provisions now in force which have been omitted from such enactments, and to omit provisions therefrom which are not now in force, and generally to correct any error or omission therein. And whereas, the Commissioners have also revised and consoldiated the ordinances of the City of Halifax and the by-laws of the City Health Board, making such changes PROCLAMATION V therein as were necessary to make the same conform to the language and meaning of the said enactments, and the same having been so revised and consolidated have been printed together with the said enactments, and are ready for publication in book form; And whereas, a correct printed copy of said book attested under the signature of Our Lieutenant-Governor, and countersigned by Our Provincial Secretary, has been deposited in the office of Our Provincial Secretary; And whereas, the provisions of the first seven Sections of said Chapter 67 have been duly complied with; And whereas, in and by section 8 of said Chapter 67, it is in effect enacted that Our Governor-in-Council, after the deposit as aforesaid of the said book, may by Proclama- tion, declare the day on from and after which the same shall come into force and have effect as law. NOW KNOW YE, that we by and with the advice of Our Executive Council for Nova Scotia, do proclaim and declare that the said book deposited as aforesaid shall come into force and have effect as law on from and after the twenty-eighth day of January, in the year of Our Lord one thousand nine hundred and fourteen, of which all persons are to take notice and govern themselves accord- ingly. In testimony whereof we have caused these Our Letters to be made patent and the Great Seal of Nova Scotia to be hereunto affixed. Witness The Honourable James Drum- mond McGregor, Lieutenant-Governor of Nova Scotia. At Our Government House, in Our City of Halifax, this twenty-sixth day of January, in the year of Our Lord one thousand nine hundred and fourteen, and in the fourth year of Our Reign. By command, G. H. MURRAY, Provincial Secretary. Digitized by the Internet Archive in 2016 https://archive.org/details/halifaxcitychartOOhali CONTENTS Interpretation of terms Page 1 PART I. The Corporation. Constitution of Corporation 2 Seal 2 Wards and boundaries 3 PART II. The Council, Board of Control and other Committees, Boards and Officers. The mayor, deputy mayor controllers, and aldermen 4 Their qualifications 6 Elections 11 Vacancies 30 Powers and duties of mayor and aldermen 30 Meetings and proceedings Board of Control 30 Meetings and proceedings of Council 33 City officers. . 37 PART III. Administration of Justice. City Solicitor 43 Stipendiary Magistrate 44 City Marshal 46 City Court 46 Police Court 66 Prisons and Reformatories 74 The Police force 78 PART IV. Superannuation of Officials. Superannuation of officials 88 PART V. Finance. City Treasurer 92 City Collector 93 City Auditor 95 Board of Assessors 95 Civic year 95 Accounts and accounting 95 Civic revenue 96 Estimates 101 Expenditures 102 Veto of money votes by mayor 104 Civic debt 105 Vlll CONTENTS PART VI. Taxation. Page Beginning and completion of assessment Ill Property liable, and exemptions Ill Assessment 114 Taxation of companies 118 Poll tax 124 Court of Tax Appeals 126 The rates and rate book 130 Property of minors, etc 132 Business commenced after assessment 134 Collections * 136 Lien on real property for taxes 139 Sales for taxes 140 Errors and irregularities in assessment 147 Water rates and meters 150 PART VII. Licenses. Auctioneers 161 Junk dealers and pawnbrokers 162 Clothes dealers from abroad. 163 Gift enterprises 163 Patent medicine dealers 164 Non-resident contractors 164 Petty trades 165 Sales from vessels 166 Ice dealers 166 Public entertainments 166 Billiard rooms and bowling alleys 167 Chimneysweeps 167 Bill posters 167 Dogs 168 General provisions 168 Hacks and trucks 169 PART VIII. City Works and Property. The Board of Control to have charge of 171 City Engineer 171 Streets 172 Official plan 177 Grading 179 Paving 181 Sidewalks 183 Trees 185 Fences 186 Drinking fountains 187 Pipes in streets 187 City property 195 Sewers 188 Water supply 198 Expropriation of lands 201 Cemeteries 205 Common and Point Pleasant Park 207 PART IX. The Prevention of Fires and the Fire Department. Firewards 212 Fire Department 212 Union Protection Company 215 Fire alarm telegraph, etc 215 Board of Fire Escapes 217 Superannuation Fund 217 CONTEXTS ix PART X Page Buildings 221 PART XL Public Health. City Health Board . . 252 City Medical Officer .... 26’2 PART XII. Education Public schools 264 Compulsory attendance at school 272 PART XIII. The Relief of the Poor 281 PART XIV Inspection and Measuring 282 PART XV. Ordinances and By-laws 284 PART XVI. Supplemental 286 Ordinances. No. 1 . City Seal and Arms 291 2. Rules of Order of Council 291 3 . City Auditor 299 4. Streets 302 5. City Electrician 314 6. Fire Alarm Telegraph 314 7. Electric Wiring and the Use of Electricity 315 8. Poles and Wires in the Streets 319 9 . City Prison 326 10. City Home 330 11. The Common Lb6 12. Point Pleasant Park 337 13 . Camp Hill Cemetery 339 14. Regulation of Hacks 342 15. Regulation of Trucks 347 16. Bicycles 350 17. Omnibuses 351 18. Junk Dealers 352 19. Public Billiard Rooms and Bowling Alleys 355 20. Public Entertainments 356 21. Petty Trades 359 22. Bill Posters and the Posting of Bills 360 23. ChimneySweeps 361 24. Dogs 362 25. Horses, Cattle, Swine, etc., and Pounds 365 26. The Storage of Petroleum and Naphtha 367 27. The Weighing of Hay 368 28. The Weighing of Coal and Coke 369 29. The Early Closing of Shops 370 30. The Citizens’ Free Library 371 31. Indecent Bathing 371 32 . 0 Commutation of Common Lots 372 CONTENTS By-Laws of the City Health Board. N o . Page 1. Prevention of Epidemic Disease 375 2 . Sanitary Condition of Buildings 384 3. Privies, Vaults, and the Removal, of Night Soil 397 4 . Refuse and its removal 400 5 . Slaughter Houses 403 6. Stables, Byres, etc 404 7 . Sale of Milk 405 8. Burials. 406 9. Inspection and Sale of Food 407 10. Keeping of Hens and Fowls 410 11. Barbershops 411 SCHEDULE A. ACTS AND PARTS OF ACTS REPEALED. XI SCHEDULE A. Table of Acts and Parts of Acts relating to the City of Halifax, REPEALED FROM THE DAY ON WHICH THE REVISED HALIFAX City Charter (1914) came into force. YEAR AND CHAPTER OF ACT. Extent of Repeal. 1907, The City Charter of that year brought into • force by proclamation of the Governor- in-Council, dated 20th February, 1907. The whole 1907, Chapter 67 The whole, except sec. 13 1907, Chapter 69 The whole, except secs. 33, 34, 36, 37, 38, 39, 43, 49 1907, Chapter 72 The whole 1907, Chapter 73 The whole 1908, Chapter 75 The whole, except the clause on page 205-206 authorizing ing the borrowing of money 1909, Chapter 84 The whole, except sec. 7 1910, Chapter 47 The whole, except secs. 4, 6, 11, 1911. Chapter 38 The whole, except secs. 7, 9. 1912, Chapter 77 The whole 1912, Chapter 82 The whole, except secs. 2, 3, 8, 9, 1913, Chapter 68 The whole, 1913, Chapter 69 The whole, except sec. 2(2), 3(3), 4(3), 5(3), 6(2), 7(2) 8(2), 9, 11, 12, 16, 19, 21, 22, and the Schedules. 1913, The revised City Charter] brought into force by proclamation, dated April 1st, 1913. The whole, ■V l / An Act to Consolidate and Amend the Acts relating to the City of Halifax Note — The abbreviation C. C., or B. C. at the end of a section are respectively references to the City Charter of 1907, or the Board of Control Act, chapter 77, Acts of 1912. Be it enacted by the Grovernor, Council, and Assembly, as follows : SHORT TITLE. 1. This Act may be cited as the “Halifax City Charter.” short Title. INTERPRETATION. 2. In this Act, or in any act, ordinance, or by-law affect- J i I J ) t ® rpreta ' ing the City of Halifax, unless the context otherwise requires. the following expressions shall be construed in the manner in this section mentioned : — “Chairman,” used in respect to the City Council, includes the Mayor, Deputy Mayor, or member presiding. “City,” means the City of Halifax, incorporated by this Act. “Chief of Police,” includes the Deputy Chief of Police when acting in the place of the former, under the provisions of this Act. “City Clerk,” or “Clerk,” used in respect to the City Clerk, includes the Assistant City Clerk, who shall be deemed the deputy of the former. “City Solicitor,” or “Solicitor,” includes the person acting for the City Solicitor, under the provisions of this Act. “Company,” includes corporation. “Constable,” or “City Constable,” includes Policeman. “Council,” or “City Council,” means the Council of the City of Halifax, composed of the Mayor, who is deemed to be a member thereof, the Controllers, and the Aldermen of the City of Halifax. “County Court,” means the County Court for the County of Halifax. “Legislature,” means the Legislature of the Province of Nova Scotia. “Mayor,” includes Deputy Mayor, when acting as Mayor under the provisions of this Act. 2 THE CORPORATION Officials — how desig- nated. The Corporation. Its powers. Seal. “Owner,” when used in relation to any property within the City, includes an agent having the care or control of any such property of an absent owner. “Person,” includes company or body corporate. “Police Court,” means the Court of the Stipendiary Magistrate for the City of Halifax, other than the City Court. “Province,” means the Province of Nova Scotia. “Stipendiary Magistrate,” includes the Deputy Stipen- diary Magistrate when acting under the provisions of this Act. “Street,” includes every street, highway, road, lane, foot- way, court, alley, square, passage, or bridge, used by the public, and every part thereof. “Supreme Court/ 6 7 means the Supreme Court of Nova Scotia. “Water Kates,” includes the price charged for the use of water, as well as charges for fire protection and water supply and meter rates, and rents for meters. 3. The mention of any official, such as “Engineer,” “Collector,” “Solicitor” or the like, shall be taken and under- stood to mean the official so mentioned of the City without the addition of the word “City” before the same. PART I. THE CORPORATION. 4. The inhabitants and ratepayers of the City and Peninsula of Halifax, comprised within the limits of the six wards defined in this part, are constituted a body politic and corporate, by the name of the City of Halifax. C. C., s. 3. 5. They shall, as a corporation, have perpetual succes- sion, and shall be capable of suing and being sued in all courts of justice, and of acquiring, holding and conveying any descrip- tion of property, real, personal or mixed. C. C., s. 4. 6. (1.) They shall have a corporate seal changeable at pleasure. (2.) The corporate seal shall be affixed to every agree- ment, contract, deed and document to which the City is a party, or wffiich in order to bind the corporation requires to be authenticated by a seal. (3.) The mayor shall affix the corporate seal to any such agreement, contract, deed or document, which shall also be signed by the mayor and clerk, except where in this Act is other- WARDS AND BOUNDARIES 3 wise provided, and without such authentication no such docu- ment shall have any force or effect. C. C., s. 5. 7. The City shall be divided into six wards, the bound- wards— J Boundaries. aries of which are as follows : Number One. Commences on the harbor of Halifax at a point reached by the centre line of Morris Street extended into the harbor ; thence westerly by the centre line of Morris Street to Seymour Street ; thence southerly by the centre line of Seymour Street to South Street; thence westerly by the centre line of South Street to the North West Arm ; thence by the shore south-westerly, eastwardly and northwardly to the place of beginning. Number Two. Commences on the harbor at a point reached by the centre line of Prince Street extended into the harbor ; thence westerly by the centre line of Prince Street to the Citadel, and through the Citadel to the centre line of Jubilee Eoad, and by the centre line of said road to the North West Arm ; thence south by the shore of the Arm to the northern boundary line of Ward Number One ; thence easterly by the northern boundary line of said Ward One to the harbor of Halifax ; thence northerly by the shore of the harbor to the place of beginning. Number Three. Commences on the harbor at a point reached by the centre line of Jacob Street extended into the harbor ; thence westerly by the centre line of Jacob Street to Brunswick Street ; thence northerly by the centre line of Brunswick Street to Cogswell Street ;thence westerly by the centre line of Cogswell Street to the road over the Common and Quinpool Road to the North-West Arm on the north shore of the land known as Horseshoe Island ; thence south by the shore of the Arm to the northern boundary of Ward Number Two ; thence easterly by said northern boundary to the harbor of Halifax ; thence northerly by the shore of the harbor to the place of beginning. Number Four. Commences on the harbor of Halifax at a point reached by the centre line of Cornwallis Street extended into the harbor ; thence westerly by the centre line of Corn- wallis Street to North Park Street; thence northerly by the centre line of North Park Street to Cunard Street ; thence westerly by the centre line of Cunard Street to Windsor Street ; thence northerly by the centre line of Windsor Street to Chebucto Road ; thence westerly by the centre line of Chebucto Road to the shores of the North-West Arm, on the south side of the North-West Arm Bridge ; thence southerly by the shore of the Arm to the northern boundary of Ward Number Three ; thence easterly by the northern boundary of the said ward to V Council may alter wards. City Council. The Mayor. 4) THE COUNCIL, BOARD OF CONTROL, AND OTHER BOARDS the harbor of Halifax ; thenoe northerly by the shore of the harbor to the place of beginning. Number Five. Commences on the harbor at a point reached by the centre line of North Street extended into the harbor ; thence westerly by the centre line of North Street until it strikes the Chebucto Road at the junction of said road and North Street ; thenoe easterly by the northern boundary of Ward Number Four to the harbor ; thence northerly by the shore of the harbor to the place of beginning. Number Six. Commences at the starting point aforesaid for the boundary of Ward Number Five; thence westerly by the northern boundary of said Ward to Chebucto Road afore- said, and by the centre line of said road to the North-West Arm Bridge ; thence northerly and easterly by the centre line of the Dutch Village Road to the shore of Bedford Basin at the intersection of a line drawn at right angles to the road along the Bedford Basin known as the Windsor Road from its junc- tion with the Dutch Village Road and extended into Bedford Basin at Three Mile House; thence southerly by the shore of the Basin and harbor of Halifax to the place of beginning. (2.) All docks, quays, wharves, slips and structures con- nected with the shores of any ward shall be deemed to be included in and shall form part of such ward. C. C., s. 6. 8. The Council may from time to time alter the limits of any of the wards of the City by an ordinance. No such change shall be made until five years have elapsed from the last preceding change. C. C., s. 7. PART II. THE COUNCIL, BOARD OF CONTROL AND OTHER BOARDS, COMMITTEES AND OFFICERS. MAYOR, DEPUTY MAYOR, CONTROLLERS AND ALDERMEN. 9. A mayor and four controllers representing the City at large, and twelve aldermen, two aldermen representing each ward, shall constitute the City Council. B. C., s. 2. 10 . (1.) The mayor shall be elected annually on the ordinary day of election, and shall be paid a salary of two thousand dollars per annum. (2.) He shall hold office until his successor is elected and takes the oath of office. C. C., s. 9. THE COUNCIL, BOARD OF CONTROL, AND OTHER BOARDS 5 11. (1.) At the meeting of the Council after the ordinary Deputy civic elections in each year, at which the civic officers are Mayor * appointed, the Council shall appoint one of its members to be deputy-mayor. (2.) If the mayor — (a) is dead or unable to act by reason of illness, or (b) is absent from the City, or ( c ) requests the deputy-mayor to act in his behalf, the deputy-mayor shall act as mayor, and have all the powers and perform all the duties of the mayor. C. C., s. 10. 12. (1.) The ordinary term of office for a controller controllers, shall be two years. (2.) On the ordinary day of election in the year 1913, and in each alternate year thereafter, four controllers shall be elected by the voters of the whole City. (3.) Each controller shall devote to the full and proper discharge of his duties, as specified by this Act, all the time necessary for that purpose, and shall be paid as compensation therefor the sum of one thousand dollars yearly, which sum shall include the compensation for his services as a revisor of juries lists, member of the City Health Board, and any other duty or service imposed on him by this Act , except as a haem- ber of the Board of School Commissioners, if appointed to that Board. (4.) A controller shall hold office until his successor is elected and sworn into office. B. C., s. 3. 13. (1.) The ordinary term of office for au alderman Aldermen, shall be two years. (2.) On the ordinary day of election in the year 1913 and in each alternate year thereafter, two aldermen for each ward shall be elected. (3.) An alderman shall hold office until his successor is elected and sworn into office. B. C., s. 4. 14. In case of a casual vacancy caused by the death , casual retirement, resignation or removal of a mayor, controller or vacancles - alderman before his term of office has expired, the person elected to fill such vacancy shall hold office for the unexpired term of the mayor, controller or alderman whose place he was elected to fill, or until his successor is elected and sworn into office. B. C., s. 5. 15. (1.) The mayor and aldermen in office at the time ^oSce of ion of the coming into force of this Act shall hold office until the ? xistin s 6 QUALIFICATION OF MAYOR, CONTROLLERS AND ALDERMEN Qualifications of Mayor, controllers and aider- men. Additional qualifications for mayor. Authentica- tion of qualifi cations of mayor. 30th day of April, 1913, or until their successors have been elected and sworn into office, as provided in this Act, when they shall retire from office. (2.) The persons so holding the offices of mayor and aldermen shall be eligible for election to office under the pro- visions of this Act. B. C. , s. 6. QUALIFICATION OF MAYOR, CONTROLLERS AND ALDERMEN. 16 . No person shall be qualified to be elected, or to be, a mayor, controller or alderman unless he — (a) is a natural born or naturalized male subject of His Majesty, of the full age of twenty-one years, and has resided in the City for at least one year immediately preceding nomination ; and (b) has never been sentenced to death or to imprison- ment in a penitentiary ; and ( c ) is not indebted to the City in any sum for city taxes or water rates, either individually or as a mem- ber of any firm or co-partnership ; and (d) is duly qualified to vote at an election of mayor, controller or alderman. B. C., s. 15. 17 . No person shall be qualified to be elected, or to be, a mayor unless in addition to the qualifications mentioned in the immediately preceding section he has one of the following qualifications, that is to say : — (a) was at the time of the general assessment next before such nomination, and still is, the owner in his own name and right, and for his own use and benefit, over and above all encumbrances thereon, and all of his just debts and liabilities, of real property within the City of the assessed value of one thousand dollars, or of real and personal property in possession in the City of the assessed value of fifteen hundred dollars ; or ( b ) was at the time of his nomination, and still is, worth the sum of three thousand dollars, over and above all his just debts and liabilities. 18 . (1.) Every candidate for mayor shall, at the time " of filing his nomination paper with the clerk, produce and file therewith — (a) if he qualifies in respect to his assessed property, a certificate from the chief assessor, or acting chief assessor, certifying the amount he was assessed for at AFFIDAVIT OF QUALIFICATION t the general assessment next before his nomination in respect to real or personal property, as the case may be; or ( b ) if he qualifies otherwise than in respect to assessed property, an affidavit that he is worth the sum of three thousand dollars, over and above the amount of his just debts and liabilities, and in either case, (c) a certificate from the collector to the effect that he is not indebted to the City in any sum for taxes or water rates either individually or as a member of any firm or co-partnership, and (d) an affidavit that he is duly qualified by law for the office of mayor. (2.) The affidavit shall be made and subscribed by him before the stipendiary magistrate or a justice of the peace in the presence of the clerk. (3.) The person administering the oath shall certify upon such affidavit that it was taken in his presence and the date thereof. (4.) The affidavit shall be in the following form or to the like effect : AFFIDAVIT OF QUALIFICATION. (1) I, A. B., do swear that I am duly qualified as required by law for the office of mayor, that I am a natural born (or naturalized) subject of His Majesty, of the full age of twenty-one years, and have resided in the City of Halifax for at least one year before my nomination. (2) That I have never been sentenced to death or to imprisonment in a penitentiary. (3) That I am not indebted to the City of Halifax in any sum for city taxes or water rates, either individually or as a member of any firm or co-partnership. (4) That I was at the general assessment next before my nomina- tion, and still am, the owner in my own name and right, and for my own use and benefit, over and above all encum- brances thereon and all of my just debts and liabilities, of real property within the City of Halifax of the assessed value of one thousand dollars, (or of real and personal property in possession within the City of Halifax of the assessed value of fifteen hundred dollars) ; (or if he qualifies other than in respect to assessed property ) (4) that I am worth the sum of three thousand dollars over and above the amount of my just debts and liabilities. So help me God. Sworn to at Halifax, in the County of Halifax, day of 19...., before me, C. D., Stipendiary Magistrate for the City of Halifax. Witness: E. F., City Clerk.” 8 OATHS OF OFFICE Authentica- tion of qualifi- cations of controllers and alder- men. Oaths of office. 19 . (1.) Every candidate for controller or alderman shall at the time of filing his nomination paper with- the clerk produce and file therewith : — (a) a certificate from the collector to the effect that he is not indebted to the City in any sum for taxes or water rates either individually or as a member of any firm or co-partnership, and ( b ) an affidavit that he is duly qualified by law for the office of controller or alderman. (2.) The affidavit shall be made and subscribed by him before the stipendiary magistrate or a justice of the peace in the presence of the clerk. (3.) The person administering the oath shall certify upon such affidavit that it was taken in his presence and the date thereof. (4.) The affidavit shall be in the following form or to the like effect : AFFIDAVIT OF QUALIFICATION. ( 1 ) I, A. B., do swear that I am duly qualified as required by law for the office of that I am a natural born (or naturalized) subject of His Majesty, of the full age of twenty-one years, and have resided in the City of Halifax for at least one year before my nomination. (2) That I have never been sentenced to death or to imprisonment in a penitentiary. (3) That I am not indebted to the City of Halifax in any sum for city taxes or water rates, either individually or as a member of any firm or co-partnership. (4) 'That- I am a person duly qualified to vote at an election of mayor, controller or alderman. So help me God. Sworn to at Halifax, in the County of Halifax, day of , 19. . . ., before me, C. D., Stipendiary Magistrate for the City of Halifax. Witness: E. F., City Clerk.” B. C., S..9. OATHS OF OFFICE. 20. (1.) The mayor, controllers and aldermen shall, before entering upon the duties of their offices, respectively be sworn by taking and subscribing the oath of allegiance and oath of office. (2.) The oath of office shall be in the words following: “ I, A. B., make oath and say that I will duly and faithfully fufil the “duties of Mayor (or Controller or Alderman), while I hold such office, “according to the best of my judgment and ability. So help me God.” DISQUALIFICATION 9 (3.) The oaths shall be administered to the mayor elect by the Governor or Administrator of the Government, or, in his absence, by the chief justice, or one of the judges of the supreme court, in the presence of three aldermen; the con- trollers and aldermen shall be sworn by the mayor. (4.) A certificate of such oaths having been taken, shall be entered by the clerk in the minutes of Council. C. C. , s. 17 ; 1898, c. 65, s. 26; 1900, c. 51, s. 12 (part). DISQUALIFICATION. 21 . Every person shall be disqualified for being elected , or for being, a mayor, controller or alderman, who — being elected. (a) is a person in holy orders, or minister or teacher of any religious congregation ; ( b ) is a judge or clerk of a court ; (c) is a ministerial law officer of the Crown ; ( d ) is acting inspector or poll clerk at a city election ; ( e ) accepts or holds office, commission or employment, permanent or temporary, in the service of the City to which any salary, fee, wages, allowance, emolument, or profit of any kind is attached —provided that noth- ing in this paragraph shall render ineligible or incapaci- tate the mayor, or a controller, or a member of the board of school commissioners ; (/) directly or indirectly, alone or with any other per- son, by himself or by the intervention of a trustee or .third person, holds, enjoys, undertakes, or executes any contract, express or implied, or any service or work with or for the City, or with or for any of the boards, committees, or officials of the City, provided for by this Act, and in respect to which payment is to be made out of the funds or revenue of the City, direct- ly or indirectly, or is 'Concerned or interested in any such contract, service or work ; ( g ) has a contract for the supply of goods, wares, mer- chandise or materials', or the rendering of services , to a contractor for work for which the City pays or is liable , directly or indirectly, to pay, or which is subject to the control or supervision of the Council or of an official of the City ; .(/i) has an unsatisfied claim for goods, wares, merchan- dise, materials or services against the City, or any board, committee or official of the City, in respect to which payment is to be made out of the funds or revenue of the City, or is directly or indirectly interested in any Such claim as a sub-contractor, employee or otherwise ; 10 DISQUALIFICATION Disqualifica- tion after election. Penalty for acting when disqualified. Exceptions to disqualifi- cation. ( i ) is a surety for a contractor with the City or with any board, committee or official of the City. C. C., s. 18. 22. Any mayor, controller or alderman shall thereby vacate his office and render his election null and void who, while in office — (a) knowingly sells or furnishes, whether the trans- action is single or continuous, any goods, wares, merchandise or materials to, or performs any service for, the City, or to or for any of the boards, com- mittees, or officials of the City for which payment is to be made out of the funds or revenue of the City, directly or indirectly ; or (b) being a professional man, receives, takes or enjoys any retaining fee, emolument or reward for any professional or other services rendered to the City or any board, committee or official, for which pay- ment is to be made out of the funds of the City directly or indirectly, or is engaged in any such service for reward ; or ( c ) becomes bankrupt or insolvent, or who com- promises with or makes an assignment for the benefit of his creditors. C. C., s. 18. 23. If any person disqualified or declared incapable of being elected, or of being, a mayor, controller or alderman, by any of the preceding provisions of this Act, nevertheless sits or votes, or continues to sit or vote in the Board of Control or in the Council, he shall thereby forfeit the sum of fifty dollars ' for each and every day on which he so sits or votes, and such sum shall be recoverable from him by any person who sues for the same in any court of competent jurisdiction. C. C., s. 20. 24. Nothing contained in this Act shall apply or extend to render ineligible or disqualify as a member of the Board of Control or the Council — (a) any person on whom the completion of any con- tract or agreement, express or implied, devolves by reason of death, marriage, or assignment under any statute, until twelve months elapse after the same so devolves upon him ; or ( b ) any contractor for the loan of money or securities for the payment of money to the City under the authority of an act of the legislature. C. C., s. 21. ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 11 25. No person shall be eligible to be appointed to any controllers office of emolument in the gift of the City while holding the oflacfot le t0 office of controller of the City or at any time during the term emolument or period for which he was elected to serve as controller. 1913, c. 69, s. — . ELECTIONS. (1.) — Time and Place. 26. (1.) The election for mayor shall take place on the ordinary elec- last Wednesday in April in every year. C. C., s. 22. ot ns dates ‘ (2.) The election for controllers and aldermen shall take place on the last Wednesday in April in each alternate year. B. C,, s. 3 (2). 27. The clerk, unless and until the Council other- p , olling . . ’ . places. wise directs, shall determine the number and situation of the polling places in the wards for the accommodation of the voters. C. C., s. 23. 28. (1.) The Council shall appoint one of its members ^ e c s e ^ s ing or a ratepayer to preside and to take the poll at each of such polling places. (2.) If the presiding officer so appointed is ill or absent from the City, or unable or refuses to preside, the mayor shall appoint a substitute. C. C., s. 24. 29. At least ten days before the date fixed for any elec- Notice to ^ ^ voters to tion , notice shall be given to the voters by the clerk of nominate, such date by publication of a notice to that effect, and stating the latest date for filing nominations of candidates, in at least three of the newspapers published in the City, and by posters in places to be seen by the public. C. C., s. 25. (2.) — N ominations . 30. (1.) Every candidate for the office of mayor or con- Nomination troller shall he nominated in writing by at least ten ratepayers papers ‘ residing in the City and entitled to vote at the then next ensuing election for mayor or controller. (2.) Every candidate for the office of alderman shall be nominated in writing by at least two ratepayers entitled to vote at the ensuing election in the ward for which such candi- date offers to be elected. C. C., s. 26. 31. Every candidiate for the office of mayor, controller or Acceptance by alderman shall, on the written nomination paper, sign his ce?uflcateof d acceptance of the nomination, or shall annex thereto a certifi- collector - cate of such acceptance, and such nomination paper shall be 12 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN Filing of nomination papers. Acclamations. Poll to be granted. Qualification of voters. accompanied by the certificate of the collector to the effect that the nominators are, in the case of mayor or controllers, ratepayers of the City, and in the case of an alderman, rate- payers for the ward in which such election is to be held. C. C. , s. 27 (part) . 32. Every such nomination paper, with the other papers required by this Part, shall be filed with the clerk at least seven clear days before the day appointed for holding the election, and before five o’clock in the afternoon of the last day for filing such papers, and the clerk shall, before receiving such papers, ascertain from the same that the require- ments of the next preceding section have been complied with. C. C., s. 28. 33. If— (a) only one candidate is nominated for mayor, or ( b ) only four candidates are nominated for the office of controller, or ( c ) only two candidates are nominated for the office of alderman in any ward, such candidate or candidates respectively shall be deemed to be elected, and in a public manner shall be declared duly elected by the clerk at the meeting of the Council first held thereafter, without any poll being taken. C. C., s. 29. 34. If— (a) more than one candidate is nominated for mayor, or (b) more than four candidates for the office of con- controller, or ( c ) more than two candidates for the office of aider- man in any ward, the clerk shall in every such case grant a poll for taking the votes of the voters. C. C., s. 30; B. C. , s. 10. (3.) — Qualification of Voters. 35. Every natural born, or naturalized, subject of His Majesty (including unmarried women and widows) , of the full age of twenty-one years, who has not been sentenced to death or imprisonment in a penitentiary, shall be qualified to vote at any election of mayor, controller or alderman — (a) if he has resided in the City for at least one year next preceding the polling day for such election ; and ( b ) if, in the case of such election taking place between the first day of May and the first day of August in any year, he has been assessed for city rates for ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 13 the civic year which commenced on the, first day of May in the year precoding such polling day, or in the case of such election taking place at any other time, then if he has been assessed as aforesaid for the civic year which commenced on the first day of May next preceding such polling day. C. C., s. 31. 36 . (1.) Every person who is qualified to vote shall be Right to vote entitled to vote for mayor, controllers or aldermen in any ward ^Jwhere! 11 in which he has been assessed, but no .person shall on the same day vote in more than one ward, or for more than one candidate for mayor, or more than four candidates for con- trollers, or more than two candidates for aldermen. 37 . Where property is assessed to a firm or co-partner- FUm— mem- ship, each member of such firm or co-partnership at the time titled to vote, of such assessment shall be deemed to be assessed as a qualifi- cation for voting, and the names of all of the members shall be inserted in the list of voters by the collector upon satisfactory proof. This provision shall not apply to incorporated com- panies, or be deemed to qualify any member thereof to vote in respect to the property of the company, or entitle him to have his name inserted in such list. C. C., s. 33. 38 . Except in the case of members of a firm or co-partner- otherwise no j- x. one entitled ship, no one shall be deemed to have a qualification in respect to vote unless to property unless the property is assessed in his name. assessed ’ C. C., s. 34. 39 . ( 1 .) Any person, although his residence is out of Non-resident the City, who has a shop, store or office in the City, and has nessln city, carried on business therein on his own account either alone or as a recognized partner for three years previous to any election, shall be deemed to reside in the ward in which at that time he carries on such business, and being otherwise quali- fied, shall have the right to vote therein. (2.) To constitute such residence it shall not be necessary that such person has occupied the same shop, store or office, or has carried on business in the same ward, during such period of three years. C. C., s. 35. 40. Every person shall have the right to be placed on Honorary the voters’ lists to vote at any civic election in the ward in fire company, which he resides on the day of holding such election, who holds a certificate under the hand of any mayor of the City , and the seal of the City, to the effect that such person, on the first day of May, 1895, was an honorary member of the Union Engine Company, Axe Fire Company, or Union Protection Company, 14 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN Voters lists — preparation of. Correction and division. Corrected list conclusive. Except as to persons improperly omitted. Compart- ments in booths. or was, on such date, an active member of either of the said companies and had served as such for the period of ten years next before ,the said date, and constituting and certifying such person to be an honorary member of one of such companies under the provisions of -the act of the legislature, being Chapter 43 of the Acts of 1895, as amended by Chapter 27 of the Acts of 1896. C. C., s. 36. 41 . (1.) On or before the fifteenth day of April in each year, the collector shall cause to be prepared for each ward a list, having the names in alphabetical order, of all the ratepayers for the ward, adding thereto all persons entitled bo vote therein as honorary members of the Union Engine Com- pany, Axe Fire Company, or Union Protection Company, as hereinbefore provided. (2.) If the boundaries of any ward are changed after the assessment is made, he shall place the names of the rate- payers in the list for that ward in which they would have been entered if the change had taken place before the assessment (3.) He shall publish a notice of such list in order that persons legally qualified to vote whose names have been omitted may have the same added to the list. (4.) He shall correct the list from the rate book and from such certificates, and when such list is finally settled he shall, unless and until the Council by resolution determines to divide it otherwise, divide such list according to the alpha- betical order of the surnames of the voters into as many sections of the alphabet as there are polling places in the ward, making a separate section for each polling place, and shall furnish to the clerk a certified copy of each separate list for use by the presiding officer at such polling place. C. C., s. 37. 42 . (1.) The certified copy so furnished for each polling place shall constitute the voters’ list for such polling place, and no person shall be allowed to vote at any such polling place unless the name of such person appears upon the said list. (2.) Nothing in this section contained shall deprive any person whose name is not upon the said voters’ list of the right to vote if he is otherwise entitled to vote at such polling place, and produces to the said presiding officer a certificate signed by the collector, that he is so entitled by reference to the rate book or to any certificate of membership in one of such companies, and that his name was omitted from the said voters’ list by mistake or inadvertence. C. C., s. 38. (4.) — Proceedings Preliminary to an Election. 43 . Where there is a poll to be taken the clerk shall furnish at each polling place a sufficient number of compart- ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 15 ments in which voters can mark their ballots, screened from observation. C. C., s. 39. 44. (1.) At least four days before the date on which Notice of ' 7 v election any election is to take place, the clerk shall, in case of a candidates, contest, cause to be published in two or more newspapers etc * published in the City, and shall cause to be posted up in at least three public places in different vicinities in the ward in which an election is to take place — (a) the names of the candidates whose nominations have been filed ; ( b ) the date and the hours of opening and closing the polls ; and (c) the location of each polling place, and, if the division of the list of voters in the ward has been made according to the alphabetical order of the first letter of their surnames, the sections of the alphabet including the first letters of the surnames of the per- sons entitled to vote at each polling place. (2.) He shall, in the case of the election of a mayor, Ballot forthwith cause to be printed a number of ballot papers for papers “ the election of mayor, not less than the number of voters, who are entitled to vote in the City, and an equal number of ballot papers for the election of controllers in the case of an election for controllers, and a number of ballot papers for the election of aldermen in each ward in which there is to be a poll for aldermen, not less than the number of voters who are entitled to vote in such ward. (3.) The ballot papers for mayor, for controllers and for aldermen shall each be of a different color. (4.) Each ballot paper shall contain the names and descriptions of the candidates alphabetically arranged in the order of their surnames , or if there are two or more candidates with the same surname, then in the order of their other names. (5.) The names shall be as set forth in the nomination papers 'with the descriptions given therein (if any) . (6.) The ballot papers shall be in the following form: BALLOT PAPER. Election for Mayor for the City of Halifax, 19 . BROWN. I. William J. Brown, of the City of Halifax, Insurance Agent. JONES. II. Adam B. Jones, of the City of Halifax, Commission Merchant. 16 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN Ballots to be stamped. BALLOT PAPER. Election for Controllers for the City of Halifax, 19 ALLISON. I. Henry Allison, of the City of Halifax, Physician. CAMERON. II. William Cameron, of the City of Halifax, Printer. JONES. III. Thomas H. Jones, of the City of Halifax, Tailor. MOWBRAY. IV. James Mowbray, of the City of Halifax, Manufacturer. NEWCOMBE. V. Robert Newcombe, of the City of Halifax. Builder. SEETON. VI. Edward Seeton, of the City of Halifax, Architect. BALLOT PAPER. Election for Aldermen for Ward No. II, City of Halifax, 19 . ROBERTSON. I. Robert A. Robertson, of the City of Halifax, Merchant. SMITH. II. Jacob A. Smith, of the City of Halifax, Insurance Agent. THOMSON. III. George Thomson, of the City of Halifax. Electrical Engineer. WILLIAMS. IV. Peter G. Williams, of the City of Halifax. Founder. C. C., s. 40; B. C., s. 10. 45. The clerk shall stamp or seal all ballot papers to be used at any such election with the city seal. He shall not stamp or seal any ballot papers except those furnished to the presiding officers, and the existence of a ballot paper stamped or sealed by the clerk other than those furnished to the presiding officer shall be prima facie evidence of malfeasance of office in such clerk. C. C., s. 41. ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 17 46. The clerk shall furnish each presiding officer with — voters list, ° ballot boxes (a) The list of voters for the polling place at which he and paper^to is to preside certified by the collector as provided in presiding this Part. officers. ( b ) One ballot box for the reception of ballot papers for mayor, one for the reception of ballot papers for con- trollers and one for the reception of ballot papers for aldermen. ( c ) The ballot papers for mayor, for controllers and for aldermen which have been prepared for use at the polling place at which he is to preside, and also the necessary materials to enable the. voters to mark the ballot papers. (d) A poll book for mayor, controllers and aldermen. C. 0., s. 42, B. C., s. 10. 47. The clerk shall keep a correct record of the number of Record of ballot papers he furnishes to each presiding officer. C. C. , s. 43. kept. 48. The materials for marking the ballot papers shall be ^marki kept in the polling place by the presiding officer for the con- venient use of the voters. C. C., s. 44. (5.) — Presiding Officers, Poll Clerks and Agents. 49. The presiding officer shall, before or after the open- oath of pre- ing of the poll, and before receiving a vote, take the oath of office in the following form : OATH OF PRESIDING OFFICER. I, J. X., do swear that I have not received any sum of money, office, employment or gratuity, or any bond, bill or note, or any promise of gratuity, by myself or another to my use or advantage, for making any return at this election; that I will return to the city clerk a true and faithful account of the votes polled at the polling place wherein I preside, and that I will faithfully discharge my duty as such presiding officer to the best of my knowledge and judgment. So help me God. C. C., s. 45. 50. He shall appoint a poll clerk who shall before or oath of at the opening of the poll, take the oath of office in the follow- p° llclerk - ing form : OATH OF POLL CLERK. I, G. H., do swear that I will faithfully record the names of all voters who vote at this polling place, and that I will faithfully discharge my duty at this election to the best of my knowledge and judgment. So help me God. C. C., s. 46. 51. Every candidate may authorize in writing one agent Agents, to represent him at each polling place at which voting for him 2 18 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN Oath — how administered. Poll — how opened. Presiding officer and poll clerk — votes of. is /to take place, who shall be a duly qualified elector in the ward in which he acts, and who shall, on being admitted to such polling place, take an oath to keep secret the name of the candidate for whom any voter has marked his ballot paper. Such oath may be administered by the presiding officer, and shall be in the following form : OATH OF AGENT. I, the undersigned, C. D., agent for E. F., a candidate at this election for ( Mayor or Controller for or Alderman for Ward ), City of Halifax, do swear that I will keep secret the names of the can- didates for whom any of the voters at this polling place votes at this election. So help me God. C- C., s. 47. 52. The stipendiary magistrate, the clerk, a justice of the peace, or in their absence any two electors, may admin- ister the oaths to the presiding officer, the poll clerk or agents of candidates. C. C., s. 48. ( 6.) — The Poll. 53. (1.) Every presiding officer shall open the poll assigned to him at eight of the clock in the forenoon , and shall keep the same open until five of the clock in the afternoon , and shall during that time receive in the manner hereinafter pre- scribed the votes of all voters duly qualified to vote at such polling place. (2.) He shall, at the hour fixed for opening the poll, show the ballot boxes to the candidates, or their agents, or to any such persons as are present within the polling place, so that they may see that the same are empty, and shall im- mediately thereupon lock the ballot boxes, place them in view for the reception of ballot papers, and keep them locked until the close of the poll. (3.) He shall, at the opening of the poll, declare the names of the candidates. C. C., s. 49. 54. (1.) The presiding officer or poll clerk may vote at the polling place at which he is appointed to conduct the election if qualified to vote thereat, or may vote by proxy at any other polling place at which he is qualified to vote, but not in more than one such polling place. (2.) The proxy shall be appointed in writing under the hand of the person making the appointment authorizing the person named therein to vote in the name of the person appointing, but the writing shall not specify for whom the proxy is to vote. C. C., s. 50. ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 19 55 . Every voter shall, before voting, if so required by oath of any candidate or agent, take an oath in the form following, vo r ’ which shall be administered orally by the presiding officer, and any voter refusing to take such oath shall not be permitted to vote : — OATH OF VOTER. I, A. B., do solemnly swear that I have not voted this day in any other polling place of this City at this election, that 1 am a British subject and duly qualified and entitled to vote at this election, and that I have not received by myself, or another, or any person in trust for me, or to my use directly or indirectly, any sum of money, place, office or employment, or gift, or reward, or any promise or security for any money, office, employ- ment or gift in order to give my vote at this election. So help me God. C. C., s. 51. 56 . During the holding of the poll no person shall be Persons entitled or permitted to be present in the polling place, other “broth. 40 be than the officers appointed to take the poll at such place, the candidates to be voted for in such polling place, and their agents duly authorized in writing (not exceeding one agent for each candidate) , and any voter for the time being actually engaged in voting ; provided that the presiding officer may have present, or summon to his aid, any constable or police officer for the purpose of maintaining order or preserving the public peace. C. C., s. 52. 57. (1.) Every presiding officer shall have power to pro- Preserving serve peace, order and decorum in the vicinity of the polling ersofpre- w ’ place, and may call on any person present to assist him in S o siding officer * doing. (2.) He may commit any offender or any person refusing to assist him to prison for twenty-four hours and without a warrant in writing. (3.) He may order the removal of any person from the polling place who is not entitled to be present, or who being so entitled obstructs the voting, and such order shall be executed by any constable or police officer without the same being in writing and without a warrant. C. C., s. 53. 58. Not more than one voter for each compartment shall °^ c e h v c ° 0 t ^ 1 r for at any one time enter the room where the poll is held, partment. C. C., s. 54. 59 . When any person claiming to be entitled to vote Procedure presents himself at any polling place for the purpose of voting pr h esen V t°s ter he shall state his name, residence and occupation or addition , himself - and the presiding officer shall proceed as follows : — (a) He shall ascertain that the name of such person is entered, or purports to be entered, upon the list of 20 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN voters for that polling place and shall mark such person’s name thereon. If the name of the voter proposing to vote is not found on the list furnished to the presiding officer, he shall so inform such person, and the person so proposing to vote shall be permitted to leave the polling place if necessary for the purpose of procuring the certificate of the collector herein- before provided for, if he is entitled thereto, and to return for the purpose of voting, but in no other case shall a voter or person proposing to vote who leaves the polling place after presenting himself to vote be permitted to return. ( b ) The poll clerk shall enter, or cause to be entered, in the poll book the name of such person ; but shall in no instance enter on the poll book, or elsewhere, the name or names, or anything to indicate the name or names, of the candidate or candidates for whom the voter votes. (c) If such person takes any oath or affirmation required to be taken by this Act, the presiding officer shall cause to be entered opposite such person’s name in the poll book the word “sworn” or “affirmed,” according to the fact. ( d ) When a voter is objected to by any candidate or his agent the poll clerk shall enter the objection in the poll book by writing opposite the name of the person whose vote is objected to the words “objected to, ’ entering at the same time the name of the candidate by or on behalf of whom the objection is made. ( e ) When such person has been duly required to take any prescribed oath or affirmation, and refuses to take the same, the presiding officer shall cause to be entered opposite the name of such person in the poll book the words “refused to be sworn,” or “refused to affirm.” according to the fact, and the vote of such person shall not be taken or received ; and if the presiding officer receives such vote , he shall be liable to a penalty of one hundred dollars. (/) When the name of the person so claiming to vote is found on the list of voters for the polling place and marked thereon, and when the proper entries respect- ing him have been made in the poll book in the manner prescribed, the presiding officer shall deliver to such person one ballot paper for mayor, one ballot paper for controllers and one ballot paper for aldermen, unless such person has refused to take any prescribed oath or affirmation, when no ballot paper shall be delivered to him. ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 21 (g) The presiding officer may, and upon request of any voter shall, either personally or through his poll clerk, explain to the voter as concisely as possible the mode of voting ; but neither the presiding officer nor his poll clerk shall influence, or attempt to influence, the voter to vote for. any candidate at the election. C. C., s. 55. 60 . No ballot paper shall be delivered to a voter by any Unstamped presiding officer or counted by him unless it is duly stamped be used ot t0 or sealed. C. C., s. 56. 61 . Upon receiving from the presiding officer the ballot Marking paper or papers the voter shall forthwith proceed into one of a 0 paper ' the compartments of the polling place and shall then and therein forthwith mark his ballot paper or ballot papers by mark- ing a cross with a pencil on any part of the ballot paper or ballot papers within the division containing the name of the candidate or candidates for whom he intends to vote , and shall fold the ballot paper or ballot papers, each separately if there is more than one, so as to conceal the names of the candidates and the mark upon the face of such ballot paper or ballot papers ; and leaving the compartment shall, without delay, and without showing the front to any one, or so displaying the ballot paper or ballot papers as to make known the candidate or candidates for whom he voted, hand the same to the presiding officer, who shall deposit each ballot paper in the proper ballot box, and the voter shall then forthwith leave the polling place. C. C., s. 57. 62 . While any voter is in any compartment for the pur- Interference pose of marking his ballot paper or ballot papers , no person P rohlblted - shall be allowed to enter the compartment, or to be in any position from which he can observe for whom the voter marks his ballot paper or ballot papers. C. C., s. 58. 63 . Every person having received a ballot paper or ballot Baiiotnotto papers from the presiding officer who leaves the polling place from booth, without first depositing the same in the ballot box or ballot boxes in the manner prescribed, shall thereby forfeit his right to vote at the election ; and the poll clerk shall make an entry in the poll book, in the column for remarks, to the effect that such person received a ballot paper or ballot papers, but took the same out of the polling place, or returned the same, declining to vote, as the case may be ; and in the latter case the presiding officer shall immediately write the word “declined” upon such ballot paper or ballot papers, and shall preserve it or them, and return it or them to the clerk. C. C., s. 59. 22 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN Voter unable to mark ballot paper. Person claiming to vote on name already voted on. Spoiling ballot paper. 64. (1.) In case of an application by any voter claiming to be entitled to vote, who makes oath or affirmation that he is incapacitated by blindness or other physical cause from marking his ballot paper or ballot papers, or that he is unable to read, the proceedings shall be as follows : — (a) The presiding officer shall, in the presence of the candidates, or their agents, if they choose to be present, cause the vote of such person to be marked on his ballot paper or ballot papers, in the screened compartment, in manner directed by such person, and shall cause such ballot paper or ballot papers to be placed in the ballot box or ballot boxes. (b) The presiding officer shall cause to be stated by an entry opposite the name of such person in the poll book that the vote of such person is marked in pur- suance of this section, and the reason why it is so marked. (2.) Such oath or affirmation shall be made by the per- son claiming to be entitled to vote at the time of voting before the presiding officer. (3.) The oath or affirmation shall be made orally in the form following : OATH OF ILLITERATE VOTER. I, Y. Z., a voter named in the list of voters for (Ward) (or City of Halifax), do swear or affirm that I am unable to read, or that I am from physical incapacity unable to mark a ballot paper, (as the case may be.) So help me God. C. C., s. 60. 65. If a person representing himself to be a particular voter named on the list of voters applies for a ballot paper or ballot papers after another person has voted as such voter, the applicant shall, upon taking the oath prescribed by law to be administered to voters at the time of polling, be entitled to mark a ballot paper or ballot papers, but such ballot paper or ballot papers shall be given to the presiding officer, and shall be placed by him in an envelope or envelopes securely sealed, and upon the envelope or envelopes he shall indorse the words “tendered ballot paper,” and the presiding officer shall deposit the envelope or envelopes containing such ballot paper or ballot papers in the proper ballot box or ballot boxes, and such ballot paper or ballot papers shall not be counted by the presiding officer, and the poll clerk shall enter such per- son’s name in the poll book, and shall make an entry opposite such name, showing the circumstances of the case. C. C., s. 61. 66. Any voter who has inadvertently dealt with the ballot paper given him in such manner that it cannot be conveniently ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 23 used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, obtain another ballot paper, and the presiding officer shall write the word “cancelled” upon the ballot paper so delivered to him and preserve it and return it to the clerk. C. C., s. 62. (7.) — Counting the Ballot Papers. 67. (1.) -Immediately after the close of the poll the Duties at presiding officer, with the assistance of the poll clerk, and in coseo po the presence of the candidates and their agents, or such of them as are then present, shall open the ballot box or ballot boxes and examine the ballot papers and proceed to count the votes. (2.) Any ballot paper — (a) not stamped with the seal of the City, or (b) on which votes are given to more candidates than are to be elected, or (c) on which anything is written or marked, appearing to have been designedly put thereupon for the pur- pose of enabling the same to be identified as the ballot paper of a particular voter, or ( d ) which i$ unmarked, or (e) from which it is uncertain for which candidate the voter votes, shall be void and shall not be counted. (3.) The presiding officer shall indorse “rejected” on every ballot paper which he rejects as void. (4.) The presiding officer shall count the votes given for each candidate upon the ballot papers not rejected. C. C., s. 63. 68. No ballot paper shall be rejected simply because the Ballot paper same has been inadvertently placed in the wrong ballot box , box but shall be counted in the group to which it properly belongs, rejected. C. C., s. 64. 69. After the votes are counted, the poll clerk shall make written up and enter in the poll book a written statement containing to^aHoS! as the following particulars : — (a) Number of votes for each candidate ; (b) Number of ballot papers rejected as voting for more candidates than are to be elected ; ( c ) Number of ballot papers rejected for having a writing or mark by which the voter could be identified ; (d) Number of ballot papers rejected as unmarked ; Ballots to be returned to box. Boxes to re- main locked for 21 days. Declaration at close of poll. Declaration of results by clerk. 24 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN ( e ) Number of ballot papers rejected as void for uncer- tainty ; (/) Number of tendered ballot papers deposited ; (g) Number of spoiled ballot papers; ( h ) Number of ballot papers, if any, taken from the polling place ; (i) Number of unused ballot papers. C. C., s. 65. 7 0. The presiding officer shall return all the ballot papers, both used and unused, at his polling place, to the proper ballot box, with a written statement signed by him containing all the particulars mentioned in the next preceding section, and shall cause the ballot boxes to be locked and sealed up, and shall deliver the same with the contents and the keys to the clerk, to whom he shall also deliver the poll book. C. C. , s. 66. 71 . The ballot boxes, unless it is otherwise ordered by the court or a judge, or unless a recount is demanded, shall remain locked and sealed as handed to the clerk for the period of twenty-one days after the polling day, and from thence until the termination of any legal proceedings instituted to test the validity of - the election. C. C., s. 67. ( 8.) — Declaration. 72 . The presiding officer at each polling place at the close of the poll shall publicly announce the number of votes given for each candidate for the office of mayor, controller or alderman, and forwith make returns thereof to the clerk. C. C., s. 68. 73. At the meeting of the Council held next after polling day, the clerk, in the case of mayor, of controllers and of aldermen, having added together the number of votes given for each candidate from the statements in the poll books returned by the presiding officers, shall, in the presence of the Council, declare — (a) the candidate for mayor having the greatest number of votes to be mayor of the City for the ensuing year ; ( b ) the four candidates for the office of controller having respectively the greatest number of votes, to be con- trollers of the City for the next ensuing two years ; (c) the two candidates for the office of aldermen in each ward having respectively the greatest number of votes to be the aldermen for that ward for the next ensuing two years. C. C., s. 69. ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 25 (9.) — Proceedings in Case of a Tie. 74 . (1.) In the event of an equality of votes between Tie. two or more candidates for the office of mayor, the retiring mayor shall give a casting vote in favor of one of such candi- dates. If the retiring mayor is one of such candidates, the Council shall by vote decide which of such candidates shall be mayor, and in the event of a tie the casting vote shall be given by the clerk. (2.) If an equality of votes is found to exist between any two or more of the candidates for controller, or between any two or more of the candidates for alderman, and the addition of a vote would entitle any one of such candidates to be elected, the clerk shall give such additional or casting vote in favor of one of them. (3.) Any such casting vote shall be valid whether the person giving it is otherwise qualified or not, or has voted or not, and maybe given verbally. C. C., ss. 70, 71. ( 10.) — Recount. 75 . If within three days after the day of polling any can- Recount, didate, by himself or his agent, requests the judge of the county court for a recount of the votes at the election, the judge shall appoint a place and time within three days after such request to recount the votes. C. C., s. 72. 76 . The judge shall notify every candidate at such election Notice o f of such request and of the time and place appointed to recount the votes. C. C., s. 73. 77. The judge may summon the clerk, the presiding officials to officers, and poll clerks at such election to attend at such place at required, the time appointed, and may command any of them to bring with him any papers in his custody or possession relating to such election. C. C., s. 74. 78 . The following persons recount : — shall be present at such Persons present at (a) the judge and any person he appoints to assist him, and (b) each candidate, and his agent appointed to attend such recount, or if any candidate does not attend, an agent of such candidate, or ( c ) if the candidates and their agents do not attend, then at least three voters of the City or ward in which the election was held. C. C., s. 75. Judge to make recount And declare result. Publication of returns. Penalties on officials and agents. Penalties on Voters. 26 ELECTION OF MAYOR, CONTROLLERS AND ALDERMEN 79 . At the time appointed, and at such place, and in the presence of such persons, the judge shall proceed to recount the votes in each ballot box at such election, and in so doing shall decide upon the validity of every ballot paper. C. C., s. 76. 80 . (1.) The judge, as soon as he ascertains the result of the poll, shall declare to be elected the candidate having the highest number of votes. In the event of a tie, the casting vote shall be given, or the result of an election determined, in case of a mayor, in the same manner as provided in this Part where the polling results in a tie, and in the case of a controller or an alderman, by the judge. (2.) He shall forthwith report the result to the clerk for submission to the Council. C. C., s. 77. (11.) — Publication of Returns. 81 . The result of every election of mayor, controllers or aldermen shall be published by the clerk in the first issue of the Royal Gazette next after the taking of the oath of office by such mayor or any such controller or alderman. C. C., s. 78. ( 12.) — Offences. 82 . Every presiding officer, poll clerk, candidate, or agent of a candidate, present within the place in which a poll is being taken, who, except as in this Act is otherwise provided, — (a) gives to any voter a ballot paper, or (b) offers or gives a voter any advice as to the person for whom he should vote, or ( c ) otherwise interferes with a voter in the exercise of his franchise, or (of the City. ( b ) if it is to be served or executed in the County of Halifax, or in any other part of the province, to any constable or police constable of the place in which the same is to be served or executed. (4.) It may run into and be served or executed in any part of the province by any constable, police constable or peace officer within the place for which he is appointed or acts as such, and whether directed to him or not, — provided that a writ of capias shall not be executed outside of the County of Halifax. THE CITY COURT 49 (5.) Service of process may be proved by the oath or affidavit of the person serving the same taken before the clerk, any commissioner of the supreme court, stipendiary magistrate, or justice of the peace. C. C., s. 154. 172 . Whenever it is made to appear to the court that the substituted defendant is within the province, and for any reason personal service ' service of a writ of summons or other proceeding in the action cannot be effected, substituted service may be ordered and effected in the like manner as a like writ or proceeding in the supreme court. C. C., s. 155. 173 . (l.) When a person applies to have a writ of sum- statement of mons or capias, he shall deliver to the clerk — (a) one copy of his account, or a concise statement of his cause of action or ground of complaint, to be filed, and ( b ) as many copies thereof as there are defendants. (2.) One of such copies shall be attached to each copy of the writ to be served. C. C., s. 156. 174 . (1.) In the case of an account or accounts claimed Account to have been rendered the account to be filed may, in whole or how stated - in part, by words of reference, indicate any such account or accounts claiming the total or balance without furnishing the items thereof. (2.) If an account exceeds three hundred words, each figure counting as a word, such particulars only may be furnished as will convey to the defendant a clear notice of the claim without furnishing the items. (3.) The account shall give credits if there are any. C. C., s. 157. 175 . There shall be endorsed on each copy of such writ a Notice to file notice notifying the defendant to file his grounds of defence, defence * and the particulars of any set-off or counter-claim, on or before eleven of the clock on the Saturday before the day of the sittings of the court on which the writ is returnable, and to serve a copy of the same on the plaintiff, or his agent or solicitor, on or before three of the clock on the said Saturday, and in default thereof, that the plaintiff shall be at liberty on the return day of such writ to enter final judgment by default, and in case of a debt or liquidated demand for any sum not exceeding the sum claimed in his account or statement of his cause of action, with costs. C. C., s. 158. 50 THE CITY COURT When process returnable. Process to be served outside City ten clear days. Deposit when defendant re- sides outside City. Capias. 176 . Writs of summons and capias shall be made return- able at the next ensuing sittings of the court if issued before three of the clock in the afternoon on the second Tuesday before such sittings, and if issued after that time shall be made returnable at the sittings next after such sittings. C. C.,s. 159. 177 . Writs to be served outside of the City shall be made returnable at such sittings as will admit of service at least te r! clear days before such sittings. C. C., s. 160. 178 . (1.) Where the defendant does not reside within the City, the plaintiff shall, before the issuing of a writ of summons, deposit with the clerk a sum equal to ten cents per mile of the distance between the residence of the defendant and the City. (2.) The amount of such deposit shall be endorsed on the writ of summons and copy, and if the same is not actually paid and so endorsed such writ and service shall be void. (3.) Such deposit shall not be returned until after the expiration of the time limited for appealing from the judg- ment, and in the event of an appeal such deposit shall not be paid over, but shall be sent to the clerk of the county court with the papers in the cause. (4.) Such deposit shall be paid, in the case of appeal by the clerk of the county court, and in tKe case of no appeal by the clerk of the city court, — ( a ) to the plaintiff, if final judgment is given in favor of the plaintiff, or (5) to - the defendant for his personal expenses in attending upon the trial, if the plaintiff discontinues, or if judgment is for any cause given in favor of the defendant. (5.) This section shall not apply in the case of a defendant residing out of the province. C. C., s. 161. 179 . (1.) Where any person before, at or after the commencement of an action makes an affidavit stating — ( a ) that another person is indebted to him in a sum not exceeding eighty dollars, specifying the amount of the debt, (5) that such debtor is then within the County of Halifax, and (c) that the deponent has probable cause for believing, and does believe, that the debtor is about to leave the province, and that he believes the debt will be lost unless the debtor is forthwith arrested ; THE CITY COURT 51 the creditor shall be entitled to have a writ or writs of capias issued out of the court for the arrest of such defendant. (2.) In such affidavit the grounds of deponent’s belief need not be stated. (3.) It may be made by any person on behalf of the creditor. C. C., s. 162. 180 . The clerk, if the stipendiary magistrate is not in Affidavit- attendance, shall have the jurisdiction of the stipendiary magis- may take r trate to take the affidavit, subscribe the jurat thereto, and allow the issuing of a writ of capias, and any writ purporting to be issued by the clerk shall be presumed to have been so issued by him when the stipendiary magistrate was not in attendance. C. C., s. 163. 181 . (1.) The officer to whom a writ of capias is Arrest of delivered to be served shall forthwith arrest the defendant and an^bond 1 shall convey him to the county gaol, and he shall there be detained in custody, subject to being brought before the stipendiary magistrate as directed by the writ, until final judgment in the action, and if such judgment is against him, until the expiration of five days thereafter, unless and until — (a) he pays to the marshal the amount of the debt and costs to be paid over to the plaintiff or his solicitor, on application therefor, or (&) he deposits as security, with the marshall, the amount of the debt and ten dollars for costs, or ( c ) he gives a bond for such amounts made to the plain- tiff with sufficient sureties. (2.) The condition of such bond or attached to such deposit shall be that if within five clear days after final judgment in the action an order is made under “The Collection Act” for the appearance of the defendant at an examination to be held thereunder, and the said order has been served upon him or upon his sureties, or either of them, or his solicitor, at least five clear days before the time fixed in the order for his appearance, then he will appear at such examination in obedience to such order, or at such adjournment of such examination as is granted upon the application of his sureties or solicitor in his absence, or of the plaintiff, and will surrender himself to prison in case of an adjudication of imprisonment under “The Collection Act.” (3.) Such deposit shall be subject to the order of the court or stipendiary magistrate in chambers. C. C., s. 164. 52 THE CITY COURT Setting aside capias. Replevin. Alias and pluries writs. Defences — when filed and served. Tender. Payment of to clerk. 182 . Arty person arrested under a writ of capias may, on the ground that he was not about to leave the province, or other ground, apply to the stipendiary magistrate by notice of motion to set aside the said writ of capias, or to discharge him from custody, or to have the bond or deposit delivered up, or for such other relief as is just. C. C., s. 165. 183 . The provisions in respect to replevin in the supreme court shall apply to the like cases in the city court, the chief of police taking the place of the high sheriff, and the clerk taking the place of the prothonotary in carrying out such provisions. C. C., s. 166. 184 . Alias and pluries writs of summons and capias may he issued where a previous writ has been returned not served, and the costs thereof shall he included in the ultimate taxation of costs, if any, against the defendant. C. C., s. 167. ( 5.) — Defences. 185 . (1.) A defendant shall, on or before eleven of the clock in the morning of the Saturday before the sittings for trial, file with the clerk a statement showing the grounds of defence, or any set-off to the paintiff’s claim, or any counter- claim, together with his address or the name of his solicitor. (2. A copy shall be served on the plaintiff, or his agent or solicitor, before three of the clock in the afternoon of the Saturday next preceding the return day of the writ. (3.) If any of the provisions of this section are not com- plied with, the defendant shall, unless they are waived, lose the benefit of his defence, set-off or counter-claim in that action, unless reasonable cause is shown to the court for the neglect. C. C., s. 168. 186 . (1.) If the defendant pleads a tender before action, he shall, when he files his grounds of defence, pay the amount to the clerk. (2.) If on the trial it appears that the defendant tendered the money to the plaintiff before action, and that the same was sufficient to satisfy the plaintiff’s claim, the defendant shall be entitled to judgment for his costs, which shall be deducted from the amount paid into court, or may be recovered from the plaintiff by execution. C. C., s. 169. 187 . (1.) The defendant may at any time not later than one clear day before trial, pay to the clerk, or pay or tender to the plaintiff, or his solicitor, the amount which he considers sufficient to satisfy the plaintiff’s claim and the court fees THE CITY COURT 53 actually paid by or on behalf of the plaintiff, without being liable to the plaintiff for any other costs, and, if paid to the clerk, may give notice thereof to the paintiff. (2.) The plaintiff may accept the same in satisfaction of his claim and the fees incurred. C. C., s. 170. 188 . (1.) If he does not accept the same, and on the trial Acceptance it appears that no more is due to the plaintiff than the sum so of tender, paid or tendered, the defendant shall be entitled to judgment for his costs incurred after such payment. (2.) Where the defendant so pays or tenders money, and the judgment is for the plaintiff, the amount paid into court shall be deducted from the amount due to the plaintiff, and the judgment shall be entered up for the balance due to the plain- tiff and costs. C. C., s. 171. 189 . Confession in writing, or verbally given in court, confession, may be recorded by the clerk, and judgment given thereon. C. C., s. 172. 190 . (1.) Where a defence has not been filed by or on Default — behalf of the defendant, and the writ has been duly served, the judgment by - plaintiff, on the day when the writ is returnable, may enter judgment by default against the defendant. (2.) If the claim is for a debt or liquidated demand in money, judgment may be entered for any sum not exceeding the amount claimed in the account or statement of the cause of action which has been filed. (3.) If the claim is not for a debt or liquidated demand in money, the damages may be assessed on such return day or at any subsequent sittings or day to which the cause is adjourned, and judgment entered accordingly. C. C., s. 173. (6.) — Sittings of the Court and Trials. 191 . (1.) The city court shall sit for the trial of actions sittings, and for such other business as is brought before it on the second and fourth Wednesdays of every month, and may adjourn from day to day or to a future day until the list of actions ready for hearing and any such business are disposed of. (2.) It may also sit at any other time to hear or dispose of any business which is brought before it. C. C., s. 174. 192 . On the Monday preceding the sittings of the court List to be the clerk shall, for the information of suitors, post up in posted up - office a list of the actions for trial at such sittings. C. C., s. 175. 54 THE CITY COURT Calling docket. Dismissal for plaintiff not answering. Defendant not answering. Adjournment — how granted. Defendant entitled to adjournment for short service. Adjourned actions to be tried first. Evidence and depositions* 193 . The list of causes for trial shall be called but once at each sittings. C. 0., s. 176. 194 . If the plaintiff does not answer on his action being called, and proceed to try the same, it may be dismissed without prejudice to his right to bring a fresh action. C. C., s. 177. 195 . If the defendant does not answer, he shall have a judgment entered against him by default. C. C., s. 178. 196 . (1.) The adjournment of a trial to another sittings, except by consent of parties, shall not be granted at the instance of a party except upon affidavit or upon oath in open court, showing or stating some reasonable and substantial ground for an adjournment and averring — (a) in the case of a plaintiff’s application that there is a good cause of action, or (5) in the case of a defendant’s application that there is a good and substantial defence upon the merits. (2.) The Court may impose such terms in the order for adjournment as it deems just. (3.) The application shall, unless a postponement of the application is granted, be made at the opening of the court, or upon notice of the application at such other time as the court appoints. C. C., s. 179. 197 . Every defendant shall, upon application to the court, be entitled to an adjournment of the trial where the writ has not been served upon him — ( a ) at least four clear days before the return day if served within the City, and (5) at least ten clear days before such return day if served outside of the City. But if the defendant does not appear, judgment by default may be entered against him, notwithstanding the provisions of this section. C. C., s. 180. 198 . Adjourned actions shall be entered upon the list for trial' and be tried before the new actions. C. C., s. 181. 199 . (1.) The court shall try every action which is contested upon documentary evidence, the viva voce testimony of witnesses, and upon the evidence and depositions of witnesses taken de bene esse as provided in this section. (2.) The deposition of any witness who is about to leave the City, or who is aged, infirm, or otherwise unable to attend THE CITY COURT 55 the court, may be taken de bene esse before the stipendiary magistrate, or before any commissioner of the supreme court of any county in such county, upon notice being given to the adverse party, that is to say, twenty-four hours’ notice, and if the deposition is to be taken in any place outside of the City, t\venty-four hours’ notice additional for every twenty miles which the place is distant from the City. (3.) Subpoenas may be issued to compel the attendance of any such witness, and, upon cause shown by affidavit, the stipendiary magistrate or commissioner of the supreme court may grant an order in such terms as he thinks fit to compel an unwilling witness to give his testimony de bene esse. C. C., s. 182. 200 . (1.) The court shall have the same power and subpoenas, jurisdiction to issue subpoenas for the attendance of witnesses to give evidence on the trial of causes and for the production of anything as is possessed or exercised by the supreme court in actions in such court. (2.) If it is made to appear to the stipendiary' magistrate that a witness has been duly served with a subpoena, and his fees for travel and attendance paid or tendered to him, and that such witness refuses or neglects to attend to give evidence as required by his subpoena, and that his evidence is necessary and material, such stipendiary magistrate may .in addition to any powers which he possesses for the punishment of such witness, issue a warrant under his hand in the like form as is used in the supreme court directed to any police officer, constable or peace officer for the immediate arrest of such witness to be brought before the court for the purpose of giving testimony. (3.) Any witness who has been duly served with a subpoena to attend the city court to give testimony in any action, and neglects or disobeys the command in any such subpoena, or refuses to be sworn or give evidence when # in court, and any person who being in court refuses when called upon by the clerk to be sworn or give testimony, shall be liable to a penalty of not more than fifty dollars, and in default of payment, to imprisonment in the county gaol for a period not exceeding ninety days. C. C., s. 183. (7.) — Procedure. 201 . Where a party sues or defends by a solicitor practis- solicitor’s ing in the City, the name of such solictor may be subscribed to on papers, the claim or the defence or other papers in a cause requiring the same without giving the address of such solicitor. C. C., s. 184. 56 THE CITY COURT Oaths — how administered. Affidavits. Viva voce evidence — applications may be on. Notice or summons. Trial may be ordered not- withstanding judgment. Judgment may be Opened up. Stay of proceedings. / Concurrent writs. No reply required to defence or set-off. 202 . Any oath required to he administered may be administered by the stipendiary magistrate or other person presiding in the court, or the clerk. C. C., s. 185. 203 . Any affidavit to be read in the court may be sworn before the stipendiary magistrate, the clerk, or any commissioner of the supreme court. C. C., s. 186. 204 . Notwithstanding the provisions of any rule of court in force in respect to the city court requiring the use of affidavits, the court, except in the case of the affidavit for an appeal, may hear any application upon the viva voce testimony of witnesses instead of affidavits, in whole or in part. C. C., s. 187. 205 . Any application may be made on notice of motion or summons. C. C., s. 188. 206 . Whenever an application is made to the court for a judgment against a plaintiff or defendant on strictly technical grounds, such application may be dismissed if it appears to the court that justice requires that the action should be tried on its merits. C. C., s. 189. 207 . Any judgment by default, whether for want of a proceeding before the trial or for non-attendance at a trial, or for any other reason, may be set aside or opened up, upon motion supported by an affidavit or viva voce testimony of merits, and on such terms as are just. C. C., s. 190. 208 . The stipendiary magistrate may at any time in a summons returnable before the court, grant a stay of proceed- ings in respect to proceedings on execution, or in the case of an application to set aside a w T rit of summons or capias or other proceeding, and upon such terms as to security or otherwise as seems to him to *be just. C. C., s. 191. 209 . (1.) Where there are two or more defendants residing in two or more counties, concurrent writs of summons may be issued. (2.) If one or more of such defendants cannot be found, the action may be proceeded with and entered up against such defendant or defendants as have been served. C. C., s. 192. 210 . It shall not be necessary for a plaintiff to file or serve a reply to a set-off or counter-claim, but the material statements of fact shall be deemed to have been denied and put in issue forthwith. C. C., s. 193. THE CITY COURT 57 211 . (1.) Either party may apply to the stipendiary Further magistrate at or before twelve of the clock of the Monday before the sittings for the trial of any cause for an order for a further and better statement of the nature of the claim or defence, or further and better particulars of any matter contained in the claim or defence requiring particulars. (2.) Such order shall he served at or before three of the clock in the afternoon of the said Monday. (3.) The party against whom the order is made shall, at or before three of the clock in the afternoon of the following Tuesday, file and serve on the opposite party such further and better statement, or such further and better particulars. (4.) Any neglect to comply with such an order shall he attended with a stay of proceedings if the order is made against the plaintiff, and with the exclusion of evidence in respect to the set-off, counter-claim, or defence, or such part of either as such order affects, if the order is made against a defendant. (5.) The party who has failed to comply with such an order may, upon affidavit, show any reasonable excuse for such non-compliance, and the court may grant further time for complying with the same, or may remove such stay or may permit him to give evidence, notwithstanding the failure to comply with such order, or may determine the matter as seems just. C. C., s. 194. 212 . (1.) If a party to an action requires from the Notice t° opposite party hooks or papers upon a trial, he shall give to that party or his agent, or solicitor, at least twenty-four hours’ notice to produce the same, and if they are not produced when called for at the trial, he may give secondary evidence of the contents of the same. (2.) Proof of the service of such notice may be made upon affidavit if disputed. C. C., s. 195. 213 . Neither party shall he at liberty to adopt the credit Adopting r i i 1 , J - i . . J i . credits. side oi his adversary s particulars without at the same time admitting the adverse side of the account or claim as prima facie proved. C. C., s. 196. 214 . The court or stipendiary magistrate shall have the Amendments, power to amend any proceeding therein which the supreme court or a judge thereof has to amend any proceeding in the supreme court. C. C., s. 197. 215 . No technical objection shall be entertained in respect Technical to the statement of the plaintiff’s account or claim, or the to Center- 01 tained. 58 THE CITY COURT Non-compli- ance with practice. Table of costs and fees. defendant’s grounds of defence, set off, or counter claim for any alleged defect of form. C. C., s. 198. i 216 . Non-compliance with any rule of the court, or with any statutory provision in respect to practice therein for the time being in force, shall not render any proceedings void unless the court or stipendiary magistrate so orders, but such proceedings may he amended as in like cases in the supreme court or county court. C. C., s. 199. (8. ) — Costs and Fees. 217 . (1.) The following costs and fees shall he payable, taxed and allowed in the city court, that is to say: — (a) Fees due to the City to he prepaid to the clerk and paid over to the treasurer : — On summons $ .40 On capias and affidavit 70 Trial fee 1.00 On entering judgment, unless trial fee has been paid 1.00 Subpoena, each name 10 Execution 20 For services thereunder 35 Serving summons or executing capias, including travel within the City 35 Appeal bond, when drawn by clerk .60 (&) Fees due to the City to be paid over by the marshal monthly to the treasurer: — On all moneys collected by the mar- shal under execution, five per cent On a discharge from arrest, with or without bond 40 Bail bond or replevin bond 40 ( c ) Solicitors’ fees as between party and party or solici- tor and client in lieu of all fees for solicitors and counsel. In all contested actions, and upon judgment by default, where the cause of action exceeds ten dollars and the solicitor has appeared in court for the plaintiff or for the defendant ^2.50 THE CITV COURT 59 In contested actions (and in those only) whether of contract or tort, in addition to such fee for solici- tor, a counsel fee not exceeding five dollars where, in the case of a plaintiff succeeding judgment is given for an amount exceed- ing forty dollars, and in the case of a defendant succeeding, the plaintiff has claimed against him an amount exceeding forty dollars. ( d ) Witness fees for each day’s attendance at the trial, fifty cents, and for travel each way per mile five cents. (2.) Costs and fees shall be taxed and allowed by the Taxation of stipendiary magistrate, and the bill shall thereupon be filed costs ’ with the clerk. (3.) Where the costs on judgment by default consist of fees for writ and entering judgment only no bill or taxation will be necessary. C. C., s. 200. ( 9.) — Judgments. 218 . All judgments in the court shall be entered up and signed by the stipendiary magistrate or person presiding, or by the clerk. C. C., s. 201. ( 10.) — Execution. 219 . (1.) Every execution shall be made returnable on Executions, the date for the next ensuing regular sittings of the court, if issued before three of the clock in the afternoon on the second Tuesday before such sittings, and if issued after that time shall be made returnable at the sittings next after such sittings. (2.) Execution may be issued on a judgment at any time within five years from the date of such judgment. (3.) After that period an execution may be issued thereon by an order of the stipendiary magistrate upon its being shown to him by affidavit that the judgment is unsatisfied in whole or in part. C. C., s. 202. 220 . If a judgment is entered against two or more joint Execution debtors, execution issued thereon may be levied on the joint or debtors, separate property of the defendants. C. C., s. 203. 221 . The officer to whom an execution is delivered to beo fflc er with executed shall execute the same in the mode sheriffs are have power required by law to execute writs of execution issued out of the of sheriff * 60 THE CITY COURT Indemnity,. Appeals. supreme court, and for that purpose such officer shall be deemed to be invested with all the power and authority within the City, town or county for which he is appointed, or within which he acts, which sheriffs have, possess or exercise within their respec- tive bailiwicks. C. C., s. 204. 222 . An officer shall not he required to levy under an execution, or be liable to an action for not levying, upon property the right or title to which is in dispute unless or until a bond is given to him by the person requiring him to levy indemnifying him against all damages, costs and expenses for which he may become liable in consequence of such levy. C. C., s. 205. (11.) — Appeals. 223 . (1.) Any party dissatisfied with a judgment of the city court may appeal therefrom to the county court upon — ( a ) filing with the' clerk of the city court on or before the day following the last day of the sittings in which the judgment was given an affidavit of himself, or in his absence of his agent, stating that he is dissatisfied with the judgment and feels aggrieved thereby, and that such appeal is not prosecuted solely for the purpose of delay; and (b) also filing, if he has given a bond on arrest, or desires a stay of proceedings on such judgment, within five days after such last day of the sittings, a bond, executed by at least two sufficient sureties, in a penal sum of not less than double the amount of the judg- ment, and not in any case less than twenty-five dollars, with a condition that the appellant shall prosecute his appeal and abide by and fulfil the judgment of the county court to be given on such appeal, and pay the costs accruing on the appeal, or shall, at any time before the trial, pay the judgment in the cause, together with all costs occasioned by the appeal. (2.) Such appeal bond shall be prepared by the clerk, if so required by the party desirous of appealing. (3.) The names of the proposed sureties shall, before filing the bond, be submitted in writing to the stipendiary magistrate to enable him to ascertain and determine their sufficiency. (4.) If the sureties are, in his opinion, sufficient, he shall write upon the back of the appeal bond a certificate of his approval of the said bond, and shall sign such certificate. C. C., s. 206. THE CITY COURT 61 (12.) — Power to Make Buies. 224 . The stipendiary magistrate may make rules respect- Rules, ing the writs, pleadings, practice and procedure in the court, and- may prescribe forms of writs, pleadings, and of all other proceedings therein. C.^C., s. 207. (13.) — Supplementary Provisions. 225 . Where, under a writ of execution issued out of the imprisonment .... ... . under Collee- court under the provisions of the Collection Act, a person is tion Act. arrested — (a.) within the City or County of Halifax, or ( b ) in any place in the province outside of the county of Halifax, he shall be conveyed to the county gaol of the county in which the arrest was made. C. C., s. 208. 226 . Any officer whose duty it is to serve, execute or make Penalty for return of any process issuing out of the court, who neglects or J?J A. D., 191.., and from thence until final judgment in the action, and, if such judgment is against him, until the expiration of five days thereafter, at the suit of , in the sum of dollars and cents. Hereof fail not, and have you then and there this writ with your doings thereon. Issued at the City of Halifax, aforesaid, thi3 . day of A. D., 191. .. City Clerk in and for the City of Halifax. C.— NOTICE TO DEFEND— ENDORSED ON WRIT. To the Defendant : Take notice that you are required to file with the city clerk in and for the City of Halifax a statement of the grounds of your defence, and also the particulars of any set-off or counter-claim you may have to the plain- tiff’s claim, on or before eleven of the clock of the Saturday before the meeting of the court; and also to serve a copy of the same upon the plaintiff or his solicitor, or agent, before three of the clock of the afternoon of the Saturday aforesaid, and in default thereof final judgment may be entered for any sum not exceeding the sum claimed in the account or cause of action, with costs, on the return day of the writ; (or in case of tort), damages will be assessed against you and final judgment entered accordingly with costs on the return day of the writ. City Clerk in and for the City of Halifax. D.— ENDORSEMENT ON WRIT IF DEFENDANT IS OUT OF CITY. This is to certify that the plaintiff has deposited with me before the issue of this writ the sum of for mileage, as required by law. • 9 City Clerk in and for the City of Halifax. Halifax, N. S., , 191. .. E.— ENDORSEMENT ON CAPIAS. Allowed for the sum of Dollars and Cents. Stipendiary Magistrate in and for the City of Halifax. F.— AFFIDAVIT FOR CAPIAS. City Court, 191 — . City of Halifax, S. S. I, , of the City of Halifax, make oath and say that is justly and truly indebted to in the sum of dol- THE CITY COURT 63 lars and cents due for , and also that the cause of action herein originated in the City of Halifax (or that the defendant resides within the City of Halifax) and that the said is now within the County of Halifax; and I further say that I have probable cause for believing, and do belive, that the said is about to leave the province, and I believe that unless the said is forthwith arrested the debt will be lost. Sworn to at Halifax, this day of A. D., 191. .. Before me, Stipendiary Magistrate in and for the City of Halifax. G.— BOND ON ARREST. Canada, Province of Nova Scotia, City of Halifax, S. S. In the City Court, 191 . .. Between — , Plaintiff, and Defendant. Know all Men by these Presents, That we, of the City of Halifax, , of the City of Halifax, and , of the City of Halifax, are held and jointly and severally bound unto of the City of Halifax, in the Province of Nova Scotia, in the sum of to be paid to the said , his lawful attorney, heirs, executors, administrators, or assigns, for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals and dated at the City of Halifax, aforesaid, this day of , in the year of our Lord one thousand nine hundred and Now the condition of this Obligation is such that if within five clear days after final judgment in this action an order is made under the “The Collection Act” for the appearance of the said ( the defendant ) at an examination to be held thereunder, and the said order for his appearance has been served upon him or upon his sureties, or either of them, or upon his solicitor, at least five clear days before the time fixed in such order for his appearance, then if the said (the defendant) appears at such examination in obedience to such order, or at such adjournment of such examination as is granted upon the applica- tion of his sureties, or his solicitor in his absence, or of the plaintiff, and surrenders himself to prison in case of an adjudication of imprisonment under “The Collection Act,” then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and delivered in the presence of (Seal). (Seal). (Seal). 64 THE CITY COURT H. — SUBPCENA. City of Halifax, S. S. of the City of Halifax: . You are personally to be and appear before the city court, at the city court house, in Halifax, on the day of A. D. 191. ., at o’clock in the noon of the same day: Then and there to testify all and singular, what you know in a certain cause now pending; and on that day to be tried, between plaintiff, and , defendant, on the part of the And this you are not to omit, on penalty of Forty Dollars. Dated at Halifax, this day of A. D., 191... By the Court. City Clerk in and for the City of Halifax. ( Return of service to be endorsed ) . I.— EXECUTION. City Court, 191 — . City of Halifax, S. S. To the City Marshal in and for the City of Halifax, or his Deputy, or to any of the police constables or peace officers of the said City of Halifax, and to any constable in the Province of Nova Scotia : Whereas, on the day of 19.., judgment was entered up in the city court against of at the suit of of , for the sum of dollars and cents, and dollars and cents more for costs, these are to command and require you to levy from off the goods and chattels of the said the said sums making together dollars and cents, with your fees. Herein fail not and make return of this writ, with your doings there- upon, on the Wednesday of , A. D. 191. . . . Issued at the City of Halifax, aforesaid, this day of A. D., 191. . City Clerk in and for the City of Halifax. (On margin). Levy for Debt, $ Costs, $ Ex. J.— EXECUTION UNDER COLLECTION ACT. In the City Court, 191. .. City of Halifax, S. S. Between — Plaintiff, AND Defendant. George V. by the Grace of God: of the United Kingdom, Ac., King, Ac. To the City Marshal in and for the City of Halifax, or his Deputy, or to any of the police constables or peace officers of the said City of Halifax, or any constable in the Province of Nova Scotia, and to the keeper of any of our common gaols: Whereas, by the consideration of our city court at Halifax, in the County of Halifax, on the THE CITY COURT 65 day of A. D., 191 recovered judgment against , of in the County of for the sum of dollars and cents debt, and the sum of dollars and cents cost of suit; And whereas, an order has been made for the issue of an execution upon such judgment to take the body, under “The Collection Act.” We command you therefore to take the body of the said and commit unto our common gaol for your county, and I command you the keeper of our said common gaol, him to detain in your custody within our said gaol, until he pays the full amount due on the judgment, with the 'fees indicated in the margin, or that he be discharged by the said the creditor, or otherwise, according to law. Whereof fail not ,and make due return of this writ unto our said city court at Halifax, in the County of Halifax. t Issued at Halifax, in the County of Halifax, this day of A. D., 191. . City Clerk in and for the City of Halifax. Solicitor of (On margin). Debt, $ Costs, Execution, ....... Comm’r’s Fees, . . . Ex. to arrest, .... Between — K.— APPEAL BOND. In the City Court, 191. .. and , Plaintiff , , , Defendant. Knoio all Men by these Presents, That we, are held and firmly bound to in the sum of dollars and cents, to be paid to the said his certain attorney, executors, administrators or assigns, for which payment we bind ourselves, and every of us, by himself, our and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals and dated at Halifax, this day of . 191 . . Whereas, a certain cause between the above bounden and the above named in which the said was was tried before the city court on the day of and judgment was given in favor of the said for the sum of debt and costs, and an appeal therein has been demanded on behalf of the said Now the Condition of the above Obligation is Such, That if the said. . . at the next sitting of the County Court for the County of Halifax, shall duly prosecute his said appeal, and shall pro- ceed therein to final judgment, and shall abide by and fulfil the judgment of said court, to be given on such appeal, and pay the amount of the said judgment and all costs accruing on the appeal, or shall, previous to the first day of the sitting -of such court, pay the full amount of judgment in such cause, together with the costs occasioned by the appeal, then the above obligation is void. Signed, sealed, and delivered in presence of ( Seal ) . ( Seal ) . (Seal). C. C., s. 211. 66 THE POLICE COURT Police Court. Stipendiary or deputy to attend. Clerk- duties of. Summary Convictions Act to apply. POLICE COURT. 229. The police court or court of the stipendiary magis- trate for the City of Halifax heretofore established under the name of the “police court” or “police office,” is hereby con- tinued, and the stipendiary magistrate from time to time for the said City shall continue to execute his duties as such stipendiary magistrate at the said police court. C. C., s. 212. (1.) — The Stipendiary Magistrate. 230. The stipendiary magistrate or, in the cases herein- before provided for where the deputy-stipendiary magistrate may act, the deputy-stipendiary magistrate, shall attend at such police court daily, or at such times and for such periods as is necessary for the disposal of the business brought before him as a stipendiary magistrate, police magistrate or justice of the peace. C. C., s. 213. (2.)— The Clerk. 23 1. (1.) The clerk shall have the custody of the papers and records of the said court. (2.) He shall, whenever any criminal charge or complaint is made, whether constituting a breach of any statute or of any by-law, ordinance, resolution or regulation in force in the City punishable on summary conviction, prepare for the person making such charge or complaint such written complaint or information as is applicable to the case, subject to the super- vision of the stipendiary magistrate. (3.) He shall keep in his office a book to be called the “police record book,” in which shall be set down the names of all persons against whom charges are made before the stipendiary magistrate, the name of the person laying the information, if any, the offence, and the manner in which, and the person by whom, the said charge is disposed of. (4.) It shall not be necessary for the stipendiary magis- trate to be attended by a clerk when sitting. C. C., s. 214. (S.) — Procedure before the Stipendiary Magistrate. 232. (1.) In every case in which a fine, penalty or imprisonment is prescribed by any provision of this Act, or of any act which is hereafter passed in amendment thereof, or of any act of the legislature now or hereafter in force in the City, or of any ordinance, by-law, or regulation in force in the City, and it is not provided in any such act, ordinance, by-law, or regulation in what manner or by what procedure such fine, penalty or imprisonment may be recovered or enforced, such fine, penalty or imprisonment may be recovered or enforced THE POLICE COURT 67 upon summary conviction before the stipendiary magistrate for the City, or other person acting for him, as if the same were so expressly declared in such act, ordinance, by-law, or regulation, under the provisions of the Nova Scotia Summary Convic- tions Act. (2.) Subject to any special provision otherwise enacted, the Nova Scotia Summary Convictions Act shall apply — (a) to every case in which any person commits, or is suspected of having committed, any offence or act for which such person is by any provision of any such act, ordinance, by-law, or regulation liable to impri- sonment, fine, penalty or other imprisonment; ( b ) to every case in which a complaint is made to such stipendiary magistrate, or other person acting for him, in relation to any matter in respect to which any stipendiary magistrate, police magistrate, or a justice or justices of the peace has authority to make any order for the payment of money or otherwise. (3.) Notwithstanding any of the provisions of this section, variations to or of the Nova Scotia Summary Convictions Act, the following convTctions variations therefrom or provisions shall apply and have effect : Act * (a) Any person arrested without warrant shall be forthwith delivered to the custody of the policeman in charge of the police, station, in order that such person may be detained until he can be brought before the stipendiary magistrate to be examined and dealt with according to law, and shall not be detained in custody without the order of such stipendiarv magistrate longer than is necessary for bringing him before such stipen- diary magistrate, or than forty-eight hours at the utmost. (b) A policeman, upon taking a prisoner into custody without a warrant, shall forthwith enter in a book to be kept at the police station for the purpose, called ”The police charge book,” the offence with which the defendant is charged, which shall take the place of an information or complaint. ( c ) Upon the charge so entered, the prisoner may be tried by the stipendiary magistrate, who shall never- theless have power to amend the same to meet the evidence or to substitute a formal complaint or information, but in any case the verbal statement under oath, made by the policeman in giving his evidence, shall be deemed a sufficient complaint. ( d ) Where any person accused of any offence or act for which he may be arrested without a warrant is before THE POLICE COURT the stipendiary magistrate, whether voluntarily or after being apprehended without a warrant, the stipendiary magistrate may pr'oceed to inquire into the matters charged against such person under the provisions of the Summary Convictions Act as if proceedings had been teken to effect his appearance. (e) Whenever such person is without a warrant in the custody of any policeman in charge of the police station or lock-up during the time when the stipendiary magistrate is not in attendance, the chief of police or deputy if be deems it prudent, may take the recognizance of such person, with or without sureties, conditioned for the appearance of the person thereby bound at the next sitting of the stipendiary magistrate, the time and place thereof to be specified in the recognizance. (/) Every recognizance so taken shall be without fee or reward, and shall be returned to the stipendiary magistrate at the time and place where the accused is bound to appear. ( g ) It shall be of equal obligation upon the parties entering into the same, and liable to the same proceedings for the estreating thereof, as if the same had been taken before the stipendiary magistrate, and if the accused does not appear at the time and place required, the stipendiary magistrate may enlarge the same, or may issue a warrant, or may certify upon the back of the recognizance such non-appearance, and transmit the same as in other cases. ( h ) It shall not be necessary in any prosecution for an offence under any ordinance or by-law to charge a violation thereof in technical language, and it shall be sufficient to charge that the person violated the same and mention the same by section or number in the information, summons or conviction. (f) It shall not be necessary in any conviction imposing any fine, penalty or imprisonment to set forth the information, or the appearance or non-appearance of the accused. (;’) Instead of a summons to witnesses, a subpoena in the form heretofore in use, to be signed by the clerk, may be used, which shall have the same force and effect as a summons. (Jc) It shall not be necessary to prepay to witnesses for the prosecution witness fees, and they shall not be entitled to recover any unless the stipendiary CITY AND POLICE COURTS 69 magistrate, in any order or conviction awarding costs against the accused, directs witness fees to be paid, and the same are paid. ( l ) It shall not be necessary for the stipendiary magistrate to make any returns of convictions made before him to the clerk of the county court or other court, but such convictions shall be filed in the office of the clerk, and a copy of any such conviction certified by him shall be evidence thereof in any court upon the trial of any cause. (m) The following fees, instead of those provided foi by the Summary Convictions Act, shall be received by the clerk for the use of the City: — Tor information or complaint $0.20 For each warrant or summons 50 For each necessary copy of a sum- mons or warrant 10 On service or execution of any pro- cess 25 On a recognizance 25 On a conviction or order 20 Warrant of commitment 20 Subpoena or summons for witness, each name 10 (n) In a case for witness fees, each witness shall be entitled to receive for each day’s attendance fifty cents, and for necessary travel each way per mile five cents. C. C., s. 215. 233 . For the purpose of making any arrest, every person Assistance to shall be bound on request to obey the mayor, stipendiary S?re^ maklns magistrate, or any controller or alderman, and to assist any police constable, and every one who refuses so to do shall be liable to a penalty of not less than two dollars nor exceeding twenty dollars, and in default of payment to imprisonment for a period of not less than five nor more than twenty days. C C., s. 216. GENERAL PROVISIONS AS TO CITY AND POLICE COURTS. 234 . The office of the clerk shall be open for the 0ffice hours • • of clerk issue of process in the city court and police court, and for receiving complaints in criminal cases generally, on every week day from ten o’clock in the morning until three o’clock in the afternoon, except Sundays and statutory or other public holidays, and except on Saturdays, when it may be closed at one o’clock in the afternoon. C. C., s. 217. 70 CITY AND POLICE COURTS Pines and fees to belong to City. No fee to be taken by gaoler. Territorial jurisdiction of Courts. Certain pro- visions of Act of 1864 to remain in force. 235 . All fees and all moneys for fines and penalties for the violation of any act of the legislature or any ordinance, by-law, or regulation, received or recovered in the city court or police court shall, unless otherwise provided, form part of the general revenue of the City, and the clerk shall receive and make a return and payment of the same once every month to the treasurer. C. C., s. 218. 236 . No fees shall he demanded or received by any gaoler or his subordinates in respect to any prisoner upon process or execution issued out of the city court or police court, or from any prisoner committed by either of such courts, or by the stipendiary magistrate. C. C., s. 219. 237 . (1.) For the purposes of this section “Halifax Harbor” shall be deemed to extend as far towards the ocean as a line drawn from Mauger’s Beach to Ferguson’s Cove, and to include MacNab’s Island and Lawlor’s Island and the Narrows, and the portion of Bedford Basin intended to be included within its provisions shall be that portion of the said Basin adjoining to the City of Halifax, but extended into the waters of the Basin five hundred feet from low water mark. (2.) The jurisdiction of the city court and the court of the stipendiary magistrate known as the “police court,” and the powers of the constables of the City of Halifax shall extend into and cover all acts, matters and things, civil and criminal, done within the limits of the following area, that is to say: — Halifax Harbor, South-East Passage, including McNab’s Island and Lawlor’s Island, the North-West Arm and Bedford Basin, the Sir Sanford Flemming Park on the western side of the North-West Arm, and the wharves, slips, docks, and landings therein, provided such acts, matters and things if done within the limits of the City would be within such jurisdiction and powers respectively. (3.) The process, civil and criminal, which such courts and stipendiary magistrate may issue, and any officer thereof may execute, may run into and be executed within the said area. C. C., s. 220, 1910, c. 47, s. 11. CERTAIN OFFENCES. 238 . (1.) The following provisions being part of section 134, sections 135, 136 and 143, part of section 223, sections 226, 229, 231, 232 and 233 of chapter 81 of the Acts of 1864, entitled, “An Act concerning the City of Halifax,” in so far as they have not been superseded or repealed by any statute of the parliament of Canada , are, subject to the amendments and provisions in this section contained, hereby in so far as the CERTAIN OFFENCES 71 legislature of Nova Scotia has power to enact the same, re-enacted and declared never to have been repealed notwith- standing anything purporting to be provincial legislation, that is to say: — “134. All persons violating the Sabbath by carrying on Sunday -L o v «/ o violators any game, play or pastime to the annoyance of their persons drunk neighbors or the public .... and all persons who or imbecile - may have been found drunk or disorderly in the streets, and all persons imbecile in mind, or incapable of taking care of themselves, may be sent to the city prison by the mayor or any alderman for a period not to exceed ten days for the first offence, and may on any subsequent conviction be imprisoned by the same authority for a period not exceeding ninety days, and in cases of imbecile persons .... for a period not over one year; and the mayor or any alderman may, in lieu of imprisonment, impose a fine not exceeding five pounds in any such cases.” “135. The city constables shall arrest such persons and Arrest and bring them before the mayor or alderman. If the on ‘ arrest occurs after three o’clock in the afternoon, or upon Sunday, or a holiday, the prisoners may be kept in the lock-up house until the hour of eleven in the forenoon of the subsequent day‘” “136. The mayor or alderman on being satisfied by punishment, 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 city prison with or without hard labor.” “143. The mayor and any one of the alderman holding Foreign sea- the police court shall have power, on the sworn Say be sent ms complaint of the master, to arrest any seaman of- a aboard - British, provincial or foreign vessel who, having signed regular articles and not being duly discharged therefrom, shall wilfully absent himself from his vessel, and after hearing both parties, if he find the complaint well founded 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 of his vessel. The affidavit on which to ground the proceeding shall be made before the mayor or presiding alderman at the police office, and the warrant to arrest shall be granted by the mayor or presiding alderman, and on the hearing of the complaint, the 72 CERTAIN OFFENCES Selling fire crackers. Arrest with- out warrant. Profane cursing. Unnecessarily- discharging firearms. Fireworks and bonfires. Prosecutions, when com- menced. ship’s articles must be produced and proved by the master or complainant, or a sufficient excuse rendered for the non-production.” “223. If any person shall sell, or expose for sale, in the City of Halifax, any crackers or -fireworks, whereby the peace of the citizens may he disturbed or to the annoyance of citizens, he shall forfeit and pay a penalty of not less than forty shillings nor more than ten pounds, or in event of non-payment, shall he imprisoned for not less than ten days nor more than ninety days.” “226. Any person offending against the provisions of this chapter may he arrested on view by any police officer present at the commission of the offence, or by any person thereto verbally authorized by any alderman or justice of the peace present thereat, and such offender shall thereupon be committed to the county gaol until he shall find security to the satisfaction of an alderman or justice of the peace for his good behaviour, and to pay any fine or penalty that may be imposed upon him on any prosecution for such offence.” “229. Any person profanely cursing or swearing in the hearing of the mayor or alderman, or any peace officers, who shall be convicted thereof, shall forfeit not less than one dollar nor more than eight dollars for the first offence, and for a second offence double, and for a third offence treble that sum, and in default of -payment shall be committed to gaol for a term of not less than two days nor more than ninety days.” “231. If any person shall unnecessarily discharge any firearms within the City of Halifax, or within one hundred yards of any person riding or driving, he shall forfeit not less than two dollars nor more than eight dollars on summary conviction before the mayor or presiding alderman at the police office, and in default of payment shall be imprisoned not less than twenty-four hours nor more than ten days.” “232. If any person shall wantonly throw any fireworks or permit the same to be thrown into any street, thoroughfare or passage, or into any building, or shall make any bonfire within one hundred yards of any building, he shall for every offence forfeit eight dollars, and in default of payment shall be imprisoned for a period not exceeding fourteen days.” “233. Prosecutions under the two preceding sections of this chapter must be commenced within eight days after the offence committed.” CERTAIN OFFENCES 73 (2.) Sucli provisions are hereby amended as follows, that to say : — (a) The court of the stipendiary magistrate for the City g^e^jurS of Halifax, known as the police court, as at present diction - constituted, organized and maintained with its officers, is hereby constituted a court having the power, authority and jurisdiction of the police court at the time when the said Act of 1864 was passed, whether presided over by the mayor or an alderman, or otherwise, and the authority, power and jurisdiction of the said court and of the mayor or any alderman under the said provisions are hereby transferred to and vested in the said police court as at present constituted, organized and maintained, and the said stipendiary magistrate respectively, and such police court, with its officers, and such stipendiary magistrate, shall carry out the said provisions. (&) The like proceedings shall and may he had for Procedure, recovering and enforcing the penalties and punishment mentioned in such provisions, compelling the attendance of parties or witnesses, hearing the complaint and for the conduct of the court, the taking and estreating of recognizances, and the infliction of the punishment and otherwise in respect thereto as under the Criminal Code 1906, and the amendments thereof, might he had if the penalty or punishment had been imposed by a statute of Canada, and in respect to such penalties and punishment the Hova Scotia Summary Convictions Act shall be deemed to be amended and varied so that its provisions and the provisions of the said code and amendments may be identical. (c) The pecuniary penalties and fines mentioned in penalties of such provisions shall be deemed to have reference to present the currency of the province as it was previously to the currenc y- year 1864, and not to the present currency of Canada, and the equivalents in the said currency of Canada of the maximum and minimum penalties therein mentioned shall be computed and taken into account by the stipendiary magistrate in imposing any penalty or fine under the said provisions. ( d ) In respect to persons imbecile in mind, or incapable imbecile, of taking care of themselves, but who are not criminals dealt under the criminal law, such persons, instead of being subjected to fine, penalty or imprisonment, may be handed over to some responsible person who will answer for their care, or to be dealt with according to the laws of the province applicable to insane persons or paupers, as the case may be. 74 THE CITY PRISON ( e ) In respect to vessels other than foreign vessels, the said provisions having become superseded, it is hereby enacted that the stipendiary magistrate shall, under the provisions of the Merchant Shipping Act, 1894, of the United Kingdom, and the provisions of the Seaman’s Act of Canada, be deemed to he a court capable of taking cognizance of cases of seamen neglecting or refusing to join or proceed to sea in any ship in which they are engaged to serve, and to which the said Acts are respectively applicable, or deserting or being absent from such ship without leave. Nothing in this paragraph (e) contained shall be deemed to affect the construction of any general provision in the said Acts or in any Act of this province conferring jurisdiction upon the said stipendiarv magistrate. c. c.; s. 221. 239. Every person who while in a drunken condition is public places, found sleeping or reposing on the Common or Citadel, or in Point Pleasant Park, the Sir Sandford Fleming Park, or in any other park or public square of the City may be forthwith taken into custody by a police officer, and shall be liable to a penalty not exceeding ten dollars, or in default of payment to imprisonment for a period not exceeding one month. 1908, c. 75, s. 8. PRISONS AND REFORMATORIES. (1.) — The City Prison. CityPrisom. 240. (1.) The city prison, erected on the blockhead Farm, pursuant to chapter 46 of the acts of the province for 1854. is hereby continued and shall be deemed to constitute a lawful place for the imprisonment of any person w T ho, before the coming into force of this Act, might be imprisoned there, or who may by this Act be imprisoned there. (2.) It is declared, but not so as to restrict the generality of the foregoing provisions of this section, that the said city prison shall be deemed to be a common gaol for the said City, and a lawful place of imprisonment for any offender committed or sentenced by any court, judge, .or magistrate in the said City under any of the following provisions: — (a) Any provision of the parliament of Canada under which an offender might be imprisoned in the county gaol at Halifax. ( h ) Any provision of any act of the parliament of Canada or the legislature of this province, or any provision made under the authority of such an act, under which imprisonment in default of payment of a penalty or imprisonment in any event may be imposed. Stipendiary to be a court under Mer- chant Shipping Act. Drunken nprsnns in THE CITY PRISON 75 (3.) Wherever by virtue of any such provision any term of imprisonment is provided and no other place of imprisonment is expressly mentioned, the place for such imprisonment may he the said city prison, or the common gaol for the County of Halifax, at the option of the court, judge, or magistrate committing or sentencing the prisoner. (4.) The City may agree with the municipality of Halifax for the cost of maintaining any prisoner so confined in the said prison at Rockhead. (5.) In all sentences, convictions or commitments, the expression “city prison,” or an expression to the like effect, shall mean the said city prison. C. C., s. 222. 241 . Prisoners detained in the city prison shall ,be kept at Pris work, except when they are ill or infirm. C. C., s. 223. wor Prisoners to be given work. 242 . The -earnings of the prisoners shall belong to the Then City. C. C., s. 224. togo ! Their earnins 243 . The Council, on the recommendation of the Board ordinances— of Control, may from time to time, by ordinances or by-laws, regulate make regulations respecting — prison b> . ( a ) the government and administration of the city prison, its records, accounts, and expenses; ( b ) the keeper, officers and servants employed there; ( c ) the lodging, food, raiment, drink, health an4 safety of the prisoners therein, and the punishment of refractory prisoners, the periods and hours of labor and repose of prisoners, their classification and their religious or moral instruction, and the visitors who may be admitted, and ( d ) the inspection of the establishment so that the same may be regular and periodical. C. C., s. 225. (2.) — The City Juvenile Reformatory. 244 . The Council may appropriate such portion of the Juvenile ,city prison building at Kockhead as it deems sufficient to the Reformator y- use of juvenile offenders, to be called the “city juvenile reformatory,” and in such manner that the said juvenile offenders may be entirely isolated from the adult prisoners, both within the prison and while at any outdoor work. C. C., s. 226. 245 . The stipendiary magistiate may sentence any power to offender under the age of eighteen years, convicted of any sentence offence within the legislative authority of the legislature 76 REFORMATORIES Ordinances respecting. Reformatories for boys, girls and women. Roman Cath- olics, where may be sent. which he has power to determine, to such term of detention in the city juvenile reformatory, not exceeding three years, as seems proper; hut the stipendiary magistrate shall have the power to remit the sentence, or any part thereof, on what may subsequently appear to be a sufficient reason for such remission. C. C., s. 227. 246 . The Council, on the recommendation of the Board of Control, may, hv ordinance, make such regulations for the employment, reformation and instruction in a useful trade or calling of juvenile offenders detained in the city juvenile reformatory as are from time to time deemed proper. C. C., s. 228. (3.) — Reformatories for Boys and for Girls , or Women. 247 . (1.) Whenever any hoy who is a minor, apparently under the age of eighteen years, is convicted by the stipendiary magistrate of any offence for which by any act of the legis- lature or any provision made under the authority of any such act, he is liable to imprisonment, whether in default of a penalty or otherwise, the stipendiary magistrate may sentence or commit such boy to detention for any term not exceeding five years, and not less than one year — (a) in the Halifax Industrial School, if he is a Protestant, and ( b ) in the Saint Patrick’s Home at Halifax, if he is a Homan Catholic. (2.) The provisions of this section are subject — (a) to the like conditions as those enacted by the parliament of Canada and in force from time to time in respect to the said institutions respectively and the detention of juvenile offenders therein for any offence under the statutes of the parliament of Canada, and (b) to the provisions of any act of the legislature respecting imprisonment in such reformatories respec- tively not inconsistent with the said conditions. C. C., s. 229. See Acts 1902, c. 13 (Canada). 248 . (1.) Any girl or woman, being a Homan Catholic, who is convicted before the stipendiary magistrate under any act of the legislature, or under any provision made under the authority of such act, may be sentenced or committed to deten- tion in the Good Shepherd Reformatory or the Good Shepherd Industrial Refuge, under the control of the corporation of the Sisters of the Good Shepherd, subject to the provisions of any act in force in respect to detention therein. REFORMATORIES 77 (2.) Any girl or woman, not being a Roman Catholic, who Protestants, is convicted before the stipendiary magistrate under any act of the legislature, or under any provision made under the authority of any such act, of any offence for which she is liable to imprisonment, whether in default of payment of a penalty or otherwise, may be sentenced or committed by such stipendiary magistrate to be detained in any reformatory institution for girls or women, whether incorporated or not, which may hereafter be recognized as such by order of the Govemor-in-Council, if she is above the age of fourteen years, for such term not exceeding the term of imprisonment provided by the act or provision as to such stipendiary magis- trate appears proper, and if below such age, for any term not exceeding five years, as to such stipendiary magistrate appears proper. (3.) Where the offence is against any statute of the gms sent to parliament of Canada, or one over which the parliament of instead of Canada has legislative authority, and owing to the girl or when, woman being over sixteen years of age or otherwise the pro- visions of chapter 55 of the Acts of the Parliament of Canada 1908 do not apply, and the stipendiary magistrate is of opinion that such girl or woman is a proper person to be detained in a reformatory institution, and that he would not in the ordinary course sentence her to imprisomnent for a term of two years or upwards in a common gaol or the city prison, he may, with the consent of the girl or woman and of the authorities of the reformatory institution, sentence or commit her to detention in the appropriate institution according to her religion as defined in this section for any term less than two years, such detention to be substituted in such cases for imprisonment in the county gaol or city prison. C. G, s. 230. 249 . The Council is authorized to pay to the corporation Council may or other authority having control of the Halifax Industrial sent to re- School and the Saint Patrick’s Home at Halifax, in respect to formatones - any boy, sentenced or committed to either of the said institu- tions, a sum of sixty dollars per annum, or at that rate for a shorter period, for his support therein. C. C., s. 231. 250 . When by any act of the legislature the City is bound May limit to contribute any sum of money towards the support and main- p™ment° f tenance of offenders sentenced to any reformatory in the City, the Council shall by resolution fix the limit of the total amount which it is to pay annually to each institution for such offend- ers. C. C., s. 232. 78 LOCK-UP Lock up. Police to be under Board of Control. Board may examine on oath. ( i+.) — The Lock-up House. 251 . (1.) The Council shall continue to maintain the lock-up house at present established in the city building at Halifax, or such other lock-up house in lieu thereof, or in addition thereto, in any part of the City, as it determines. (2.) Any person arrested or held upon any warrant issued by the stipendiary magistrate, or any stipendiary magistrate or justice or justices of the peace, or on any process with respect to any criminal matter, or arrested without warrant for any offence for which arrest without warrant may he made, may be detained in any such lock-up pending the hearing and determin- ation of the charge or matter with respect to which he is arrested or held, or pending his transmission to any lock-up house or common gaol for such hearing and determination. (3.) Any person ordered or directed to be imprisoned by any conviction or commitment may be detained in such city lock-up house until he can conveniently he removed to a common gaol, or any prison or reformatory. (4.) Any person arrested in any civil action or proceeding may he detained in the said lock-up house until he can conveni- ently he removed to a common gaol, hut no such detention shall be for a longer period than forty-eight hours. (5.) Any person who may lawfully be kept for a reasonable time in the custody of any peace officer with or without a warrant or other process, may instead he kept locked up for such reasonable time by him in any such lock-up house to prevent his escaping. (6.) This section shall not he deemed to restrict any other provision of law permitting any person to be detained in the said lock-up house. C. C., s. 233. THE POLICE. ( 1.) — Government. 252 . The police force of the City shall he under the gov- ernment of the Board of Control. B. C., ss. 15, 19. 253 . £1.) The Board of Control in the administration of its duties in relation to the police, shall have power to summon witnesses and to examine them upon oath. (2.) The service of a notice to attend signed by the mayor shall have the same force and be attended with the same result for disobedience thereof as a subpoena issued in the city court. C. C., s. 235. THE POLICE 79 (2.) — Chief of Police. 254. (1.) The Chief of police shall have under his chief of direction and control the deputy-chief of police, the sergeants 0 lce ' of police, and all other police constables constituting the police force of the City. (2.) He shall be responisble for the peace quiet and good order of the City. (3.) He shall obey any lawful order of the mayor or of the stipendiary magistrate given at any time in the execution of their respective offices. (4.) He shall serve or execute, or cause to be served or executed, all writs, orders, warrants or other process of the police court, or stipendiary magistrate. (5.) He shall within the City have all the powers and authority in all matters criminal, and in oases of breach of the peace, and for preserving the peace quiet and good order, and the business thereof, which a sheriff by law has within his bailiwick and a constable has within his constablewick. (6.) He shall, by himself or his deputy, attend the sittings of the Council, and shall at all times be ready to carry out the orders of the mayor or stipendiary magistrate. (7.) He shall on all occasions aid in the preservation of the peace of the City, and the observance of all laws in force therein, and shall perform and discharge such other duties as are prescribed by ordinance of the Council. ( 8. ) The salary of the chief of police shall he one thousand five hundred dollars' a year. (9.) It shall not he necessary that the chief of police has previously to his appointment as such been a member of the police force. C. C., ss. 122, 236. 1908, c. 75, s. 11. 1913, c. 69, s. 1. ( 3.) — Detectives. 2o5. (1.) The Board of Control shall from time to time Detectives, appoint a detective who shall hold office during pleasure. (2.) The salary of such detective shall be nine hundred and fifty dollars a year. (3.) He shall be a provincial constable and shall have the powers and privileges of a constable throughout the province, and shall be subject to the orders of the chief of police and ready at all time to take prompt action in the detection of criminals, the recovery of stolen property, and such other police service as he is required to perform in connection with his duties as a constable. 80 THE POLICE Marshal, deputy chief and con- stables. Office of marshal to be abolished. Remuneratiom of police. ( 4. ) He may, by permission of the chief of police, engage in detective work for persons and authorities other than , the City, but his remuneration in respect thereto shall belong to the City, and form part of the Police Superannuation Fund. (5.) The Board of Control may, from time to time, appoint a member of the police force to be an assistant detective,' who shall hold office during pleasure. Any such assistant detective shall perform the duties, and have the powers and privileges of the detective, and any remuneration paid to him, other than his salary, shall be disposed of as provided in respect to the detective. (6.) The salary of such assistant detective shall be eight hundred and fifty dollars a year. C. C., s. 237. 1908, c. 75, s. 11. 1913, c. 69, ss. 4, 5. (3.) — Other Members of the Regular Police Force. 256 . ( 1. ) The Board of Control shall, from time to time, appoint as many constables to constitute a police force for the City as the Council on the recommendation of the Board from time to time determines to be necessary, who shall hold their employment at the pleasure of the Board. (2.) A marshal, a deputy-chief of police, and as many sergeants of police as the Council thinks necessary, shall be appointed by the Board of Control from among the other constables on the force. (3) The deputy-chief of police shall, in the absence from the City, the illness or other incapacity of the chief of police, have his powers and privileges and shall perform his duties, and at all times he shall be subject to the lawful directions of the chief of police, and shall assist in the discharge of the duties required of the chief of police, and for such pur- poses shall have the like powers. (4) Upon the resignation, superannuation, dismissal or death of the present holder of the office of City Marshal the office shall be abolished and the duties thereof performed by the ordinary members of the police force under the direction of the Chief of Police. C. C., s. 238, 241. 1913, c. 69, s. 6. ( Jf..) — Remuneration. 257 . (1.) The remuneration of the said members of the police force shall be as follows: — Deputy-Chief — One thousand dollars a year. Marshal- — Eight hundred and fifty dollars a year. Sergeants — Seven hundred gnd eighty-five dollars a year. THE POLICE 81 Privates — Pive hundred and thirty-five dollars for the first year, six hundred and thirty-five for the second year and six hundred and eighty-five for the third and subsequent years. (2.) In addition to the above mentioned sums the members of the force shall be provided with such suits of uniform as the Board considers necessary. 1908, c. 75, s. 12. 1913, c. 69, iss. 3, 6, 7. ( 5 ) — Physical Requirements. 258 . (1.) Ho person shall be appointed a constable who Physical , . / v V requirements. at the time of application — ( а ) is over thirty years of age, or (б) is less than five feet nine inches in height, or (c); has a chest measurement less than thirty-seven inches with one-half inch additional for every inch in height above six feet. (2.) The applicant shall produce to the Board of Control for its approval — (a) a satisfactory certificate of the date of his birth, or in the absence of any church or official registry thereof, a statutory declaration of the parent or other person having knowledge of such date, and (h) a certificate of the medical officer as to the measurements required by this section and that the applicant is in good health and in full possession of all his faculties. C. C., s. 239. 259 . (1.) All constables shall be subject to the govern- ^°J e d r ^ ent ment of the Board, and they shall obey all lawful directions — 0 f force. (a) of the chief of police or deputy-chief of police ; and (&) of the stipendiary magistrate given by him for the due execution of the duties connected with his office. (2.) They shall be charged with the duty of — (a) preserving the peace ; ( b ) preventing offences against persons or property within the City and all crimes and offences; (c) apprehending offenders, and shall have generally all the powers and privileges and be liable to all the duties and responsibilities which belong by law to constables duly appointed. C. C., s. 242. 260 . (1.) The police force shall be inspected by the inspection, mayor at such hour as he directs — (a) on the first Monday of each month, and (h) on such other dates as he directs. 6 82 THE POLICE Disciplin®. Deductions for absence. (2.) Any constable who neglects to appear in uniform, or who appears negligently dressed, shall be liable to a fine not exceeding two dollars to be then imposed by the mayor and to be deducted from his pay, and for a second offence to a like fine, or to suspension from office, or both, at the discretion of the mayor. C. C., s. 243. 261 . (1.) Every constable who is insubordinate, or who is guilty of a breach of his duties, or who is negligent in the discharge thereof, or otherwise unfit for the same, may be, by the Board of Control, after a hearing — (a) suspended from his employment, fined, or otherwise disciplined, such fine to be deducted from his pay as the Board thinks just, or if it is in the first year of his employment, deducted from the increase in his next year’s pay which otherwise he would, under this Act, be entitled to receive, or ( b ) if a greater punishment is deserved, dismissed from his employment. (2.) In every case of dismissal, if the members of the Board are not unanimous in their determination, the member who dissents may appeal to the Council, which may reverse or vary such determination if at least eleven members of the Council vote for such reversal or variation. (3.) If, during the first year, through loss of time or ill-health, or for any other reason in the opinion of the Board, any constable has failed to merit the increase in pay to wffiich he would otherwise be entitled at its close, he may be deprived of such increase by the Board. (4.) If such loss of time or ill-health takes place during any other year of employment, the Board may make a deduction in his pay not exceeding twenty dollars in any one year. C. C., s. 244. 262 . A deduction shall be made by the chief of police from the pay of any constable for any time lost during absence from duty, whether from ill health or any other cause, unless — ( a ) leave of absence has been first granted by the Board, or ( b ) in case of illness the medical officer certifies in writing to the chief of police that the illness of such constable was in his opinion caused or contracted while he was on duty and not through any wilful neglect or vice, in which case full pay shall be continued for one month, and thereafter half pay for the period of one. month. C. C., s. 245. THE POLICE SUPERANNUATION FUND 83 ( 6.) — Police Force Superannuation Fund. 263 . The mayor, treasurer, and chief of police, for the Trustees of time being, shall be the trustees of the superannuation fund, tion fund, and the treasurer shall be the treasurer of such fund. C. C., s. 246. 264 . There shall be paid into such fund the following Payments contributions : — (a) An amount equal to four per cent, of the remuneration paid to the chief of police and other members of the force respectively, such amounts to be deducted monthly from the remuneration paid each respectively. ( b ) All other deductions from the remuneration of any member of the force, all fines and lapsed salaries during suspensions, and all fees for police attendance at meetings, shows and entertainments and for detec- tive or other police services shall be paid over immediately on receipt. 1908, c. 75, s. 11. 265 . (1.) The moneys of the fund and the accounts in investment 7 cind Ccir© of reference to the same shall be kept separate from the moneys fund, and accounts of the City. (2.) They shall be audited by the auditor as a city account. (3.) They shall be subject to the control of the Council. (4.) The moneys shall be invested by the trustees in city or government bonds or stock from time to time, or may be kept on deposit receipt in any chartered bank. C. C., s. 248. 266 . (1.) The moneys of such fund shall not be drawn Moneys of, out except on the cheque or order of the trustees, or of any two drawn! 1 *’ of them, one being the treasurer. (2.) Such cheque or order shall not be made except upon the authority of a resolution of the Council passed upon a report of the Board recommending the payment. C. C., s. 249. 267 . The trustees shall make an annual report to Report of the Council respecting the amount and state of the fund, rus showing how the same is invested and the names of all persons receiving payment from the same, with the amounts. C. C. s 250, part. 268 . If the fund in any year is not suffiecient to meet all city to make claims against it, the sum required to meet any deficiency shall up deflciency - be paid out of the revenues of the City, and shall be provided 84 THE POLICE SUPERANNUATION FUND. Who entitled to participate in fund. Compulsory retirement. Retirement on injury. for specially in the estimates and raised with the other rates. C. C., s. 250, part. 269 . (1.) Every member of the force who has served for twenty-five years or more, shall, on resignation, or on being retired by the Board, be entitled to receive a sum equal to twenty-five thirty-fifths of the salary he is then receiving, as a pension, to be paid to him in quarterly instalments until his death. (2.) If part of such service was rendered before the said fund was established, he shall, for every year he has contributed to the fund, receive a sum equal to one thirty-fifth of such salary, from the said fund, and for every year of service before the fund was established he shall receive a sum equal to one thirty-fifth of his salary out of the revenues of the City, to be provided by extra assessment. C. C., s. 251. 270 . (1.) Every member of the force who has contri- buted for fifteen years or more to the said fund may be compulsorily retired by the Council upon the recommendation of the Board — ( a ) if it appears by the certificate, of the medical officer that such member is permanently incapacitated either mentally or physically from performing his duty, or ( b ) if it appears that from age or any other ground of unfitness it is to the interest of the City to retire such officer. (2.) Upon such retirement he shall be entitled to receive from the fund a sum equal to one thirty-fifth of the salary he is then receiving for every year he contributed to the fund, to be paid to him as a pension in quarterly instalments until his death. C. C., s. 252. 271 . (1.) If any member of the force after ten years service receives a wound or meets with an accident while on regular or special duty which unfits him for any further active service, the Council may, on the recommendation of the Board, compulsorily retire such officer. (2.) Upon such retirement he shall be entitled to receive from the fund a sum equal to one thirty-fifth of the average salary received by him during the three years next preceding such retirement for every year he contributed to the fund, to be paid to him as a pension in quarterly instalments until his death. C. C., s. 253. SPECIAL POLICE 85 272 . If any member of tbe force before retirement dies Widow or from any injury received while in the discharge of his duty, and m e nt7o n U Pay leaves a widow, or if no widow, any child or children under Jrom°injury? the age of sixteen years, the Council may, on the recommenda- tion of the Board, by resolution, direct that such widow, or the guardian of such child or children, shall be paid out of the fund a sum equal to a month’s pay for each year such member contributed to the fund, but not exceeding in any case more than one year’s full salary for such member. C. C., s. 256. 273 . (1.) There shall be paid out of the fund to the widows and representatives, or if none, to the widow, or if no widow, to payment to in such children, or if no children, to such relative as the trustees after°three th select, of any member of the force dying in the service who years - contributed for three years or more to the said fund the net sum of his contributions without interest, but in no case shall such sum exceed two hundred dollars. (2.) Unless he contributed for at least three years, there shall be no claim on the fund. C. C., s. 257. 274 . No member of the force dismissed or resigning ^isnussai therefrom before the expiration of twenty years’ full service no allowance shall have any claim for any allowance from the fund. C. C., year? sSvice. s. 258. 275 . The superannuation quarterly allowance of any Quarterly pensioner dying during a quarter shall be paid to his repre- payments - sentatives. C. C., s. 259. 276 . If any person in receipt of a pension or superannu- widow^or^ ation allowance from the fund dies while in the receipt of such ren of pen- pension or allowance, leaving a widow or any child under the IncTfn’case.^ age of sixteen years, such widow or child shall be entitled to receive from the trustees of the fund the difference, without interest, between the amount contributed to such fund by the deceased person and the amount drawn by him previous to his death. 1907, c. 69, s. 46. (7.) — Special Police. 277 . (1.) Whenever the Board is of opinion that the special police, regular constables are not sufficient for the preservation of the peace and for the protection of persons and the security of property in the City, or in any place in the City, and it is expedient to appoint special constables for such uurpose, it may appoint in writing such number of special constables as it think? fit to hold office during the pleasure of the Board. (2.) Every such special constable shall be sworn to the faithful discharge of his duties before the mayor, the clerk, 86 SPECIAL POLICE Emblem of office. Payment of. Riot. Public meet- ing, disturb- ance at. the stipendiary magistrate, a controller, or an alderman, and shall, during his continuance in office be under the directions of the chief of police. (3.) Such special constable shall continue in office for such time as is specified in his written appointment, which shall not exceed one month; and in default of any time being speci- fied for fourteen days from the date of his appointment, unless his employment is sooner discontinued by the Board. (4.) At the expiration of the time for which he is appointed he may be continued in office, by the publication in any two of the newspapers published in the City of an order of the Board to that effect, for any further time, to be specified in such order, which the Board deems necessary. (5.) In case of such continuance in office it shall not be necessary for him to be re-swom. (6.) In no case shall the same person be required to serve for more than two months in succession. C. C., s. 260. 278 . Special constables appointed by the Board shall be furnished by it with a badge, baton, or emblem of office, to be returned by the constable when his employment is terminated and before receiving the remuneration then due to him. C. C., s. 261. 279 . (1.) The Board may from time to time order such reasonable allowance for the trouble and loss of time and expenses of special constables, not exceeding $2.50 per day, to be paid to such constables who have then served, or are serving, as to the Board seems proper. (2.) If the special constables have been appointed on the application of any person or authority having a special interest in their appointment, the remuneration provided for by this section and the expense of furnishing them with the emblem of office shall be at the charge of such applicant. C. C., s. 262. 280 . In case of actual riot, tumult, disturbance or other illegal act of any kind, accompanied with force and violence within the City, the mayor, or deputy-mayor, or in the absence of both, the stipendiary magistrate, may verbally appoint and swear in such numbers as he thinks fit of suitable persons as special constables, who shall aid in restoring and preserving order until such illegal act and all just apprehensions of a renewal thereof have ceased C. C., s. 263. 281 . In case of a disturbance or disorder occurring at any public meeting, or assemblage of persons, the mayor, or any controller or alderman, upon the request of the chairman of SPECIAL POLICE 87 such meeting or assemblage, or of three or more freeholders, may verbally appoint and swear in such number as he thinks fit of suitable persons as special constables, who shall aid in restoring and preserving order at such meeting or assemblage. C. C., s. 264. 282. (1.) The Board, upon the request of the Commis- Keepers of sioners of any park, may from time to time appoint any keeper park ‘ of any park, and two or more of his assistants, special con- stables. (2.) Such special constables shall have the special duty — {a) of preserving the peace in the park, and (b) of preventing any violation of the by-laws or regulations in respect to the park, and (c) of apprehending offenders on view and taking them to the police station. 283. TTo justice of the peace or member of the legislature, Exemptions, and no person in the military or naval service, or over the age of sixty years, shall be required to serve as a special constable. C. C., s. 266. 284. Any person competent to be appointed a special Penalty for constable under this Act who neglects or refuses to be sworn refusal to act * into office shall be liable to a penalty not exceeding eight dollars. C. C., s. 267. 285. Every special constable shall, not only within the special con- « t ^ 7 t/ ^ stables to place for which he is appointed, but also throughout the City, have powers, have exercise and enjoy all such powers, authorities, immunities, far fo/ C e? su ' indemnities, privileges and protection, and be liable to all such duties, responsibilities and penalties as any constable duly appointed has by virtue of any law or statute within his constablewick. C. C., s. 268. ( 8.) — Supplemental Provisions as to Police. 286. (1.) Every constable and every special constable oath of shall, before entering upon his duties, take and subscribe the constable - oath of allegiance, and an oath of office, in the form following, or to the like effect: — “I, A. B., do swear that I will well and truly serve our Sovereign Lord the King in the office of (constable) for the City of Halifax without favor or affection, malice or ill-will, and that to the best of my power, (subject to the directions of my superior in office), I will aid in preserving the peace and in preventing offences against persons or property within the City, and all crimes and offences, and that while I continue to hold the office, I will, to the best of my skill and knowledge, faithfully discharge all the duties thereof according to law. So help me God. A. B ” Ordinances for public safety and By-laws for government of police. R. Lehan and N. Power, al- lowance to. Officials Superannua- tion Fund. Trustees of. 88 SUPERANNUATION OF OFFICIALS (2.) In the case of the verbal appointments of special constables provided for in this Part, any form of oath requiring the person generally to faithfully perform his duties as a special constable, and verbally administered, shall be deemed to be sufficient, and the omission of such oath altogether shall not affect the validity of the appointment. C. C., s. 269. 287 . (1.) The Council may from time to time, on the recommendation of the Board of Control, make ordinances for the protection of the property and inhabitants of the City by day and night. (2.) The Board may make by-laws or regulations for regulating the duties and powers of the chief of police, the police and special constables, and for the proper government thereof, and to secure the proper discharge and enforcement of such duties and powers. C. C., s. 270. 288 . The City shall pay yearly — ( a ) to Robert Lehan, formerly a sergeant of police, the sum of one hundred and forty eight dollars and fifty- seven cents, and (b) to Nicholas Power, formerly chief of police, the sum of three hundred and thirty-one dollars and thirty- six cents. The said sums shall be in addition to the amount which the persons named are respectively entitled to receive from the Police Superannuation Fund and shall be included in the yearly estimates and rated upon the City and collected therewith. C. C., s. 271 A. 1907, c. 69, s. 45. PART IV. SUPERANNUATION OF OFFICIALS. 289 . There shall be established a fund for the super- annuation of the officials and employees (except those of the fire and police departments), to be constituted and employed as specified in this Act, and to be known and designated as the “Halifax Officials’ Superannuation Fund.” C. C., s. 271 B. 290 . The mayor, the auditor, the treasurer, and a member of the Board of Control to be appointed by that Board, shall be the trustees of the fund, and the treasurer shall be the treasurer thereof. The fund, and ail accounts in connection therewith, shall be kept separate from the other moneys and accounts of the City, but shall be audited bv the auditor of the City in like manner as the other accounts of the City, and shall SUPERANNUATION OF OFFICIALS 89 be managed bj the trustees, subject to the control of the Council. The fund may be invested in any investment authorized by the Trustees’ Act. C. C., s. 271 C. 291 . (1.) The moneys of the fund shall not be drawn how with- out except on the cheque or order of the trustees or any two of aw ' them, one being the treasurer. (2.) Such cheque or order shall not be made except upon the authority of a resolution of the Council, passed upon a recommendation of the Board of Control, recommending the payment. C. C., s. 271D. 292 . The trustees shall make an annual report to the Report. Council respecting the amount and state of the fund, showing how the same is invested, and the name of every person receiv- ing payment from the same, with the amount of the payment. C. C., s. 271E. 293 . If the fund in any year is not sufficient to meet all city to make the claims against it, the sum required to meet any deficiency fncy. deficl ~ shall be paid out of the revenues of the City, and shall be provided for specially in the estimates and raised with the other rates and taxes. C. C., s. 271F. 294 . Every official or employee, - at the passing of this ^ h ° r e t fc} u ®£ Act, who is appointed for life or good behaviour, or who is annually appointed, and who was on the 20th day of February, 1907, under the age of fifty-five years, and every official or employee who is hereafter appointed to any office of the City, held for good behaviour, or which is annually filled by appoint- ment, shall contribute to the fund an amount equal to four per cent, of his salary, such amount to be deducted monthly from his salary. C. C., s. 271G. 295 . Any such official or employee who was on the 20th optional day of February, 1907 over the age of fifty-five years may, at cases ' his option, contribute such amount of four per cent, of his salary to the fund, and in such case shall be entitled to receive an allowance from the fund as hereinafter provided. C. C., s. 271H. 296 . (1.) Any of the following employees in connec- officials of tion with the department of city works — street roller engineer, ^ent depart_ sewer sub-foreman, street sub-foreman — or at any time desig- nated by resolution of the council, who is in the employ of the city from year to year, but not continuously, and who is not paid a uniform salary or wages, may, at his option, contribute to the fund, and be entitled to receive an allowance therefrom. 90 SUPERANNUATION OF OFFICIALS Retirement at sixty-five after ten years’ con- tribution. After thirty years’ con- tribution. Retirement in case of incapacity. Misconduct. Retirement after two years. (2.) The contribution paid by any such employee shall not be less than twelve dollars a year, not necessarily in monthly instalments, and shall entitle him to an allowance based on a yearly salary or wage of three hundred dollars ; but if any such employee contributes a larger yearly amount than twelve dollars he shall be entitled to receive an allowance based upon such salary or wages as will yield at four per cent, such increased contribution. C. C., s. 2711. 1907, c. 69, s. 9. 297 . Every official or employee, who has contributed to the fund for ten years or more, and who has reached the age of sixty-five years, may be permitted by the Council to retire from his employment, and to receive from the fund an annual allowance for the remainder of his life; such allowance shall be determined by the average amount of the yearly salaries on which he has contributed, and shall be equal to one-fiftieth of such average amount for each year in which he has contributed, provided that, in no case, shall the amount of such allowance exceed thirty-fiftieths of such average amount. C. C., s. 271 J. 298 . Every official or employee, who has contributed to the fund for thirty years or more, and who has reached the age of sixty-five years, shall be entitled to retire from his employ- ment and to receive from the fund for the remainder of his life an annual allowance equal to thirty-fiftieths of such average amount of his salary. C. C., s. 271K. 299 . (1.) Every official or employee, who has contri- buted to the fund for ten years or more, and who has been declared by the Council, on the report of two physicians, one of whom shall be the medical officer, unless he is personally interested, to be incapacitated or unfit for the discharge of his duties, and is retired from his office or employment by a two- thirds majority vote of the whole Council, shall receive from the fund an annual allowance computed as hereinbefore provided, until the amounts so paid by way of allowance equal the amounts which he has contributed to the fund with interest thereon at three per cent, per annum, and thereafter he shall be paid from the general revenues of the City to be raised by taxation such allowance as the Council on the recommendation of the Board of Control determines. (2.) Nothing in this section shall apply to any official or employee, who is dismissed by the Council for misconduct or other cause. C. C., s. 271 L. 300 . (l.)Any official or employee who has contri- buted to the fund for not less than two years, and who voluntarily retires from employment by the City without being permitted to receive an allowance on retirement as hereinbefore provided, or is dismissed by the Council for cause, shall be SUPERANNUATION OF OFFICIALS 91 entitled to receive from the fund in one payment one-half of the total amount which he has contributed, without interest. (2.) Any official or employee who has contributed to the fund for not less than two years, and whose office is abolished by law, or who voluntarily retires or fails to be re-appointed, shall be entitled to receive from the fund an amount equal to the total of his contributions without interest. (3.) In no case shall any official or employee who has contributed to the fund for less than two years be entitled to receive any allowance or payment whatever from the fund. C. C., s. 271M. 1909, c. 84, s. 4. 301 . If any official or employee who has contributed to widow or the fund, dies before being superannuated, leaving a wife or anow^nceto child who is a minor, or who is dependent upon him, such wife an f nuat S ion er " or child shall be entitled to receive from the fund in one payment an amount equal to his total contributions, without interest. C. C., s. 27lK. 302 . If any official or employee ivho has been super- ^ e 1 [ a s t VP® r " annuated dies before he has received in allowances an amount c equal to his contributions, leaving a wife or child, who is a minor, or who is dependent upon him, such wife or child shall be entitled to receive from the fund, in one payment, an amount equal to the difference between the amount which he has received, and the total amount of his contributions, without interest. C. C., s. 2710. 303 . In either of the cases specified in the next two othe^reia 6 t0 preceding sections, if the official or employee leaves at his tives. death no wife or child, but leaves a mother or father or sister, or other relative dependent upon him, the trustees of the fund may, in their discretion, pay to such relative the amount in such sections directed to be paid to such wife or child. C. C., s. 271P. * 304 . Any person who has been in the employ of the City special cases, for not less than thirty years, and who has contributed to the fund for not less than ten years, and who has reached the age of sixty-five years, may be permitted by the Council to retire from his employment and to receive for the remainder of his life an annual allowance equal to thirty-fiftieths of his average salaries as hereinbefore specified, and the difference between the amount of the allowance which he is entitled to receive from the fund and the amount of such thirty-fiftieths shall be paid out of the' general revenue of the City raised by taxation. C. C., s. 271Q. 305 . All allowances so paid bv way of superannuation Quarterly x. nj *j * Pciviuont. shall be paid quarterly in advance. C. C., s. 27lR. 92 CITY TREASURER Treasurer — salary and duty. To give receipts. Written order for payments required. Return of receipts and expenditures. To deposit daily. Payment by cheque only. His books. PART V FINANCE. CITY TREASURER. 306. (1.) There shall be paid to the treasurer an annual salary of eighteen hundred dollars. (2.) He shall, before entering upon the duties of his office, take the oath and give the security required by this Act. (3.) He shall receive and be responsible for all the moneys of the City paid over to him. C. C.,s. 272. 1907, c. 69, s. 10. 307. He shall, on request, give a written receipt to any person paying him money. C. C., s. 273. 308. He shall not pay out any moneys of the City without a written order for every payment signed by the mayor, or by the deputy-mayor when acting under the provisions of this Act for the mayor, and countersigned by the clerk, with the exception of interest on permanent stock, or coupons on bonds or debentures of the City. C. C., s. 274. 309. He shall, at the first regular meeting of the Council in each month, present in writing a detailed return and state- ment of the receipts and expenditures of the City, both for general purposes and for water rates, for the previous month, together with the total receipts and expenditures of the City from the beginning of the civic year to the end of the previous month, and the said statements shall show clearly the amount of taxes and water rates received by him from the collector. C. C., s. 275. 310. He shall deposit daily in the name of the City, in a bank named or to be named by resolution of the Council, on the recommendation of the Board of Control, all moneys by him received for or on account of the City, keeping the accounts of the water department separate from the general account of the City. C. C., s. 276. 311. All moneys shall be drawn only upon the cheque of the treasurer, countersigned by the mayor, or deputy-mayor acting under this Act for the mayor, and the bank books of the City shall be kept by the treasurer. C. C., s. 277. 312. (1.) The treasurer shall, in books to be kept for that purpose, enter true accounts of all sums of money by him THE COLLECTOR AND SUB-COLLECTORS 93 received and paid as treasurer, and of the several matters in respect to which such sums were received and paid. (2.) Such books shall at all seasonable times be open to the inspection of any member of the Council. C. C., s. 278. 313 . (1.) In every year the treasurer shall make out in Yearly writing, and cause to be printed, a full abstract of his accounts abstract * for the year, and a copy thereof shall be open to the inspection of any ratepayer. (2.) A copy of or an extract from such abstract shall be delivered to any ratepayer who applies for the same upon payment of a reasonable price to be fixed by the mayor. C. C., s. 279. 314 . The treasurer shall be entitled to receive for the use Feefor^ of the City from every person who requires from him a dupli- receipts, cate receipt for any sum of money paid to the treasurer a fee of ten cents for making such duplicate receipt. C. C., s. 280. THE COLLECTOR AND SUB-COLLECTORS. 315 . (1.) The collector shall appoint a sufficient number sub-coi- of sub-collectors or bailiffs — not less than four — for whose lectors - fidelity and acts he shall be responsible to the City. He may also suspend any such sub-collector, but every such appoint- ment or suspension shall be subject to the approval of the Council. (2.) Every sub-collector shall furnish to the collector a bond in the sum of one thousand dollars of an approved guar- antee company for the due performance of his duty. (3.) Every such sub-collector may at his option contribute to the superannuation fund and be entitled to participate in the benefits thereof. 1907, c. 69 s. 8. 1911, c. 38, s. 4. 316 . (1 .) There shall be payable to the collector a salary salaries of of two thousand dollars yearly. and^ub- collectors. (2.) There shall be paid to each sub-collector the sum of seven hundred dollars yearly. 1911, c. 38, s. 2. 1913, c. 69, s. 8. 317 . The collector shall from time to time collect all rates, Collector t0 taxes, rents and moneys due to the City, except the fees, fi nes Jaxe^and and penalties received or recovered in the city court or police other moneys, court. C. C., s. 283. 318 . He shall be personally responsible for the collection Personal re of all such rates, taxes, rents and moneys due to the City, unless sposibllity - he is excused by the Council on the recommendation of the 94 THE COLLECTOR AND SUB-COLLECTORS To collect or account for all taxes. To pay over to treasurer daily. Monthly returns. Duty on payment of taxes. May receive instalments. Fee for certificate. Board of Control for non-collection of any sum so due, upon his making it satisfactorily appear to the Council that it is uncol- lectible. C. C., s. 284. 319 . He shall collect or account for the whole of the rates and taxes for each and every year within the year for which they are imposed. C. C., s. 285. 320 . He shall pay over each day all sums by him so collected to the treasurer, taking his receipt therefor, certified by the auditor. C. C., s. 286. 321 . He shall every month make a return to the Council — (a) of the amount of rates and taxes, including water rates, collected by him, specifying the name of each ratepayer or taxpayer with the amounts paid by him, and (&) of the aggregate amount of rates and taxes and of such water rates respectively remaining uncollected. C. C., s. 287. 322 . (1.) He shall require any person paying taxes to deliver to him the tax notice, and shall retain the same. (2.) He shall give such person a receipt for the amount paid. (3.) He shall keep a counterfoil of such receipt, in order that the returns required by the preceding provisions may be checked and verified by the auditor. C. C., s. 288. 323 . He may at any time in his discretion receive every description of taxes in instalments in sums of not less than one- fourth of the whole annual taxation at one time, and he alone shall have the right to apportion the same in such manner as he thinks proper ; but nothing herein contained shall prevent him from collecting all rates and taxes when they become due. C. C., s. 289. 324 . (1.) The collector shall be entitled to demand and receive on behalf of the City fees in respect to statements and certificates of the amounts due to the City for taxes, water rates, and other charges, on properties within the City, when required to furnish the same on behalf of the vendee, mortgagee or other person pecuniarily interested, and shall not give any such statement or certificate until the fee in respect thereto has been paid. (2.) Any money paid to the collector for any such state- ment or certificate shall be by him paid to the treasurer and be CITY AUDITOR — BOARD OF ASSESSORS — ACCOUNTS 95 by him credited to and form part of the general sinking fund of the City. (3.) The Council may, by ordinance, fix the amount of such fees, and until the same are so fixed such fees shall be : — For each statement 25 cents. For each certificate 50 cents. C. C., 6. 289A. CITY AUDITOR. 325 . There shall be paid to the auditor a salary of Editor* eighteen hundred dollars per annum. 1908, c. 75, s. 11. 326 . The auditor shall audit, inspect, check and correct His duties, the books, accounts and receipts, and supervise all financial business of and connected with the corporation of the City and shall perform such other duties appertaining to his office as the Council on the recommendation of the Board of Control from time to time requires him to perform. C. C., s. 291. BOARD OF ASSESSORS. 327 . (1.) There shall be paid to the chief assessor an salaries of annual salary of fourteen hundred dollars, and to each assistant assessors - assessor an annual salary of eleven hundred dollars, the said salaries to be in full for all services as assessors, and in con- nection with the voters’ lists and any other service which is required of them by the Council or Board of Control. (2.) Nothing herein contained shall prevent the Council on the recommendation of the Board of Control from time to time increasing the salaries of the chief assessor or assistant assessors. C. C., s. 292. THE CIVIC YEAR. 328 . The general civic year shall begin on the first day civic year, of May, and shall end on the thirtieth day of the following April. C. C., s. 293. ACCOUNTS AND ACCOUNTING. 329 . The civic officers shall bring the affairs of their several departments to a close on the thirtieth day of April in each year. C. C., s. 294. Civic accounts to be closed on 30th April. 330 . (1.) The income and expenditure of each year shall income and be kept distinct and separate from those of any other year. each year to ° f . . 0 * be kept (2.) Separate accounts of each year’s receipts and pay- separate, ments shall be kept in the account books of the City. (3.) Separate bank accounts shall be kept for each separate year. C. C., s. 295. 96 CIVIC REVENUE Annual publication of accounts. Officials to account when re- quired. Boards and committees to account. General rev- enue other than from taxes. 331 . The city accounts shall be annually published after audit and approval in such form and mode as the Council, on the recommendation of the Board of Control, directs. C. C., s. 296. 332 . The treasurer, clerk, collector and every other officer of the City shall each — (a) at such times during his continuance in office as the Council or Board of Control directs or requires, and (&) within thirty days after he ceases to he in office, if the Council or Board of Control requires, deliver to the mayor, for the inspection of the Council or Board of Control, a true account in writing — (a) of all matters committed to his charge under this Act, or under any law relative to the government of the City, and (b) of all moneys which have been received by him as such officer, and (c) of the payments and disbursements of such moneys and the purposes thereof, and shall deliver therewith proper vouchers. C. C., s. 297. 333 . (1.) Every hoard, committee, officer and person who collects, receives, expends or disburses any money belonging to the City, or under its care or control, shall account in respect to the same to the Council. (2.) The Council may, on the recommendation of the Board of Control, direct the form and mode of accounting by ordinance, by-law or resolution. C. C., s. 298. CIVIC REVENUE. (1.) — General Revenue. 334 . The following amounts, that is to say: — (1.) The rents and profits of all corporate lands; (2.) The fees paid for liquor licenses; (3.) The fees paid for licenses for cabs or trucks, and for other licenses ; (4). The fees, fines and penalties collected or received at the city court and police court, or otherwise by the city officials; (5.) The interest and annual proceeds of all money, dues and securities belonging to or payable to the City, and CIVIC REVENUE 97 (6.) all other payments to the treasurer, except where and so far as the application thereof is otherwise provided for, shall annually go to the general civic revenue and shall be applied to the objects specified in the next succeeding section. C. C., s. 299. 335. In addition to General rev- enue from (a) the amounts mentioned in the next preceding jjtes and Section, and exceeding 7 . $ 160 , 000 . ( b ) the amounts by this Act or any act now or here- after to be in force specially authorized to be assessed and levied as special revenue, the Council shall have power annually to raise by rates and taxes upon the inhabitants, property, companies and other subjects of taxation as provided in this Act for ordinary revenue such sum, not exceeding one hundred and sixty thousand dollars, as shall, with the amounts paid into the ordinary revenue under the next preceding section, be sufficient to defray the expenditure for the following purposes, that is to say : — (a) the salaries and compensation granted to the officers and other persons employed in the business of the City, hut not including those payable out of the water rates or any other funds, hut including the proper propor- tion thereof when any such salary or compensation is properly payable in part out of such funds ; ( b ) police; (c) maintenance of city prison; ( d ) lighting the streets; (e) a supply of water, in case of a deficiency in the water rates for that purpose; (/) fire department; ( g ) repairing city property; v ■ ( h ) making, repairing and improving the streets; (i) repairing of the sewers, drains and bridges; (/) any other expenditure required in the due execution of the several powers and trusts vested by law in the city corporation, its council, hoards, committees, and officers. C. C., s. 300. 1912, c. 82, s. 11. ( 2.) — Special Revenue. m 3 ^6. (!•)• In adition to the sum authorized to be special rev- raised by taxation as provided in the next preceding section, rates an? the Council may annually raise by rates and taxes on the said taxes and of inhabitants, property, companies and subjects of taxation, the same. 7 98 SPECIAL REVENUE sums of money indicated in this section for the following purposes, that is to say: — Joint expendi- ture of City and County. Schools. Poor. Point Pleas- ant Park. Sir Sanford Fleming Park. Public Gardens. Free Library. Dispensary and morgue. S. P. C. Deaf and Dumb. Habitual truants. {a) A sum equal to the sum from time to time fixed or determined upon between the City and the Municipality of Halifax as the proportion of municipal expenditure for the joint benefit of the City and Municipality which should be borne by the City. (&) The sum annually required by the board of school commissioners under the provisions relating to the public schools of the City for the support thereof. ( c ) A sum sufficient for the care, support and mainten- ance of the poor and sick or insane paupers, and the burial of the poor under the statutes in that behalf. ( d ) A sum not exceeding two thousand five hundred dollars, for the maintenance of Point Pleasant Park, including the maintenance of a house for the ferryman. (e) A sum not exceeding seven hundred and fifty dol- lars for the maintenance of the Sir Sandford Fleming Park. (/) A sum not exceeding six thousand three hundred dollars for the maintenance of the Public Gardens and the parks and open spaces, other than the Point Pleasant Park and the Sir Sandford Fleming Park, to include interest; upon moneys taken from the fund realized by sales of common lots. ( g ) A sum not exceeding three thousand dollars for the maintenance of the Citizens’ Free Library. ( h ) The sum of seven hundred and fifty dollars for the Halifax Visiting Dispensary, to include any rental payable by the City on account of the morgue. ( i ) A sum not exceeding three hundred dollars for the Society for the- Prevention of Cruelty, for the purposes of that Society within the City. O’) A sum sufficient to provide at the rate of ninety dollars per head per annum for each person admitted by an order of the mayor to the Institution for the Deaf and Dumb at Halifax or to the Halifax School for the Blind, under the statutes in that behalf. (Jc) A sum sufficient to provide, under the statutes relating to compulsory attendance at school, for the support and education of habitual truants sentenced by the stipendiary magistrate to detention in a reforma- tory, industrial school, home for children or orphan asylum at the rate of eighty dollars per head per annum, as provided by the statutes in that behalf. SPECIAL REVENUE 99 (Z) The sum of three hundred dollars for the Infants’ infants Home on Tower Road. Home. (m) The sum of three hundred dollars for the Roman Catholic Catholic Infants’ Home. > Home. 8 (n) The sum of four hundred dollars for the Salvation Home. Good Good Shep- herd Re- formatory. Army Rescue Home. (o) The sum of four . hundred dollars for the Shepherd Reformatory and Industrial Refuge. (p) The sum of five hundred dollars for the Children’s children’s -p--- . -i Hospital. Hospital. ( q ) A sum not exceeding five hundred dollars for the children’s maintenance of children committed under the provisions Ald Society of the acts relating to the Children’s Aid Society. (r) A sum sufficient to provide at the rate of sixty dol- industrial lars per head per annum for boys sentenced or com-i st. Patrick’ mitted to detention at the charge of the City in the Halifax Industrial School, and the Saint Patrick’s Home at Halifax, not exceeding sixteen hundred dol- lars in the case of any one of such institutions. ( 5 ) A sum not exceeding twelve hundred dollars for the ^eSetery 1 maintenance and keeping in order of Camp Hill Cemetery. (Z) The sum of five hundred dollars for Dalhousie Col- Daihousie ' ' Qoll6§6 lege, under the Acts of the legislature of 1883, chapter 31, section 4. ( u ) The sum of five hundred dollars for the Victoria school of School of Art, to be appropriated by the authorities in Art. connection therewith to the teaching of mechanical and Health architectural drawing. ( v ) A sum not exceeding five thousand dollars for the cityi* purposes of the public health, and such further sum, not exceeding ten thousand dollars, as is necessary to replace any sums advanced upon the requisition of the City Health Board in the event of the said sum of five thousand dollars being insufficient, or in the event of an epidemic or plague breaking out in the City, or any sum paid as compensation to any person whose pro- perty has been destroyed by an order of the City Health Board, or who has suffered loss by the compulsory enforcement of any provision of this Act respecting the public health. ( w ) A sum sufficient to provide for the remuneration court of Tax and the actual expenses of the members of the court of Appeals ' tax appeals from assessment as mentioned in the pro- visions of this Act relating to such court. 100 SPECIAL REVENUE Registrar of Voters. Police super- annuation. Firemen’s insurance. Sinking funds. Interest on loans. Short collec- tion of taxes. Certain super- annuation allowances. Diffusing information. Steamboat on harbor. ( x ) A sum not to exceed two hundred dollars for remuneration of the registrar of voters under the Nova Scotia Franchise Act. ( y ) A sum sufficient to provide for the payment of the proportion of the superannuation allowance payable by the City to members of the police force resigning or retiring who have served twenty-five years, part of which service was rendered before the establishment of the superannuation fund under the provisions of this Act. ( z ) A sum sufficient to pay the premiums of insurance against accident of active firemen and officers of the fire department. ( aa ) Sums sufficient to provide for all sinking funds authorized by the legislature, and for the repayment of temporary loans, with the interest. ( bb ) A sum sufficient for the payment of interest on all moneys heretofore or hereafter lawfully borrowed by the City. ( cc ) A sum sufficient to provide for any possible short collection of rates and taxes under the provisions of this Act. ( dd ) The sums following for Superannuation allow- ances : — To William F. MacCoy, formerly Recorder of the City, six hundred dollars. To Reuben Shaw, formerly a policeman, two hundred and fifty dollars. To Stephen R. Phelan, formerly chief assessor, eight hundred dollars. To John P. Cairns, formerly assistant assessor, six hund- red and sixty-six dollars and sixty-six cents. To Josephine Warren, formerly librarian, two hundred and fifty dollars. To William Higlett and Daniel E. Keating, formerly keepers at the city prison, three hundred and sixty dollars each. ( ee ) Such sum as the Council deems desirable in dif- fusing information respecting the advantages of the City as a manufacturing and residential centre. (//) A sum not exceeding five hundred dollars, to be granted on a two-thirds vote of the Council and on such conditions as the Council determines, in aiding a steam- boat to ply on Halifax Harbor and adjoining waters during the summer months for the accommodation of tourists and other passengers. ESTIMATES 101 (gg) A sum not exceeding one hundred dollars f or r. c. r. defraying the transportation expenses of the hand of the Royal Canadian Regiment furnishing music on the Grand Parade, or other public park or garden. (hh) A sum not exceeding five hundred dollars towards Ho^itS losis the maintenance of a hospital for the treatment of persons suffering from tuberculosis . (2) The amount authorized to be assessed and levied certain ap. under this section in aid of each of the following institutions, optional, that is to say : — (a) The Halifax Visiting Dispensary, ( b ) The Infants’ Home on Tower Road, ( c ) The Roman Catholic Infants’ Home, and ( d ) The Victoria School of Art may he withdrawn by the Council at any time, and shall only be payable to such institution, so long as it has the confidence of the Council, and in the case of the Victoria School of Art, so long as it has in addition a course of instruction satisfactory to the Council. (3) In consideration of the amounts payable to the Salv a- Rescue Home tion Army Rescue Home and the Good Shepherd Reformatory l£ephe°d, those institutions respectively shall maintain all persons com-J llgatl0n mitted to them for whose maintenance the City is responsible. C. C., ss. 301, 142. 1907, c. 69, ss. 6, 28, 29, 41 ; c. 71, Sched.'; 1908, c, 75; 1910, c. 47, s. 8; 1911, c. 38, s. 10; 1912, c. 82, ss. 4, 5. 1913, c. 69, ss. 10, 11. 337 . The treasurer shall pay by monthly instalments to Municipality the treasurer of the Municipality of Halifax the amount from county!' pay- time to time fixed or determined upon between the City and mentst0 - the Municipality as the proportion of expenditure for the joint benefit of both which should be borne by the City. C. C., s. 302. ( 3.) — Estimates. 338 . (1) In the month of December in each year the Estimates — Board of Control shall prepare an estimate of all sums which ow are required for the ensuing civic year according to the pro- visions of the next preceding sections, after crediting to general revenue, as hereinbefore provided, the probable receipts from all sources of revenue other than the amounts proposed to be raised by taxation, and to both general and special revenue the amount of unexpended balances directed to be used for the purpose of reducing taxation. (2) In such estimate, an allowance shall be made of a sum not exceeding two and one-half per cent, of the total amount to be raised to cover losses, abatements or non-collection of rates or taxes, according to law. 102 EXPENDITURES Authorized taxation to be assessed. Each year to be kept separate. Monthly statement of amount to credit of ap- propriation. Amounts not to be over expended. Penalty. (3) In making such estimate the probable amount which wfill he yielded by the poll tax for the ensuing year shall be estimated by the Board with the assistance of the chief assessor, the collector and the auditor, and the amount so estimated shall be the amount deducted for poll tax by the assessors for the total amount required by the estimates. (4.) The estimate so prepared shall be reported by the Board to the Council with a recommendation for its adoption, and the Council may deal with such report in the manner provided in respect to other reports and recommendations of the Board. (5.) The Council shall authorize the said sums so required to be raised by taxation upon the inhabitants, property, com- panies, and other subjects of taxation as provided by law, and the clerk shall on or before the thirty-first day of December transmit the said estimate to the assessors. C. C., s. 303. 1912, c. 82, s. 12. B. C., s. 14. ( J/-.)- — Expenditures. 339. Except as is provided in respect to unexpended balances, it shall not be lawful to charge against the revenues of any civic year any sum of money which has not been authorized by the estimate for that year, and upon which the rate for that year was based, or to divert or to apply any amount appro- priated in the estimate to any particular purpose, work or service to any other purpose, work or service. C. C., s. 304. 340. (1) The treasurer shall furnish the mayor and the chairman of every committee and board of the Council charged with the expenditure of any money with a monthly statement showing the amount to the credit of the Board of Control or of such committee or board respectively, or to the credit of any appropriation of which the Board of Control or any such com- mittee or board has the expenditure, if the Board of Control or any such committee or board has the expenditure of more than one appropriation. (2.) Neither the Board of Control or any committee or board, nor any member of either, shall make any expenditure or enter into any contract involving the making of any expendi- ture for such civic year in excess of the amount to the credit of the Board of Control or of such committee or board, or such appropriation, respectively. (3.) Any mayor who signs or countersigns any cheque for the payment of any sum on account of any such expenditure, and any auditor who certifies for any payment on account of any such expenditure, shall be liable to a penalty of five hundred dollars. EXPENDITURES 103 (4.) Any contract so entered into involving the making of Contracts in an expenditure in excess of such amount shall not he binding vJ5d SS t0 be upon the City, and notwithstanding that the City has benefited by such contract. C. C., s. 305. 341 . (1) Subject to the qualifications hereinafter con- Expenditures tained, the money appropriated by the Council in respect to to be °p* racts each subject of expenditure shall be expended by the Board of c r oJnci y with Control, or by the committee or board appointed in that behalf, £gp^ s ex " or if there is no committee, by the mayor. (2.) With the exception of — (a) the payment of wages of persons in the employ of the City; ( b ) the purchase of necessary supplies for the carrying on of the ordinary business of the departments, not exceeding forty dollars ; (c) the payment of customs 7 duties, freight charges, and other similar charges requiring prompt payment; and ( d ) expenditures made by the mayor out of the contin- gent fund, neither the Board of Control nor any committee, board, member of the Council, or officer of the City, shall enter into any con- tract or incur or authorize any expenditure, without having first obtained the sanction of the Council: — Provided, that nothing in this paragraph contained shall prevent the Board of Control from entering into any contract involving expendi- ture not exceeding five hundred dollars. (3.) The bills and accounts for all expenditures, except the pay sheets for wages of persons in the employ of the City, shall be submitted to the Council for its information, if they have been already paid under the preceding paragraph, and for its approval if they have not been so paid. (4.) In cases of emergency * the Board of Control may, upon a report in writing from the superior officer or assistant officer of the department, stating generally the nature of the service required and of the emergency thereof, a^d the probable cost of the work to be done, and upon obtaining the approval of the mayor, authorize any work or repairs, or the purchase of goods necessary in view of the emergency, but in any such case the Board of Control shall report the same to the next meeting of the Council. (5.) Nothing in this section shall apply to the payment of salaries or other expenditures authorized and fixed by any express law, ordinance or resolution of Council, or to instal- ments or amounts of progress certificates of any contract other than the final instalment or certificate, or prevent the Council 104 mayor’s veto Mayor’s veto of money vote. on the recommendation of the Board of Control directing an expenditure to be made out of any appropriation, provided it is for the purpose for which such appropriation was made. (6.) The mayor may pay out of the contingent fund the annual subscription fees to the Union of Canadian Municipal- ities, and to the Union of Uova Scotia Municipalities respec- tively, the expenses of representatives to the meeting of those unions, the expenses of representatives to the Federal Govern- ment in matters concerning the City, and expenses incurred in furnishing suitable entertainment for royal or other distinguish- ed visitors or visiting associations. C. C., s. 306 ; 1907, c. 52. THE VETO OF MONEY VOTES. 342 . (1) Subject to the provisions of this section, no resolution of the Council authorizing the expenditure of any money from the city treasury, or the making of any contract involving the expenditure of any money from the city treasury, shall have any force or effect — ( a ) if, in the opinion of the mayor, the expenditure is not authorized by law, or ( b ) if the amount is not fixed by' law, or is only fixed by a maximum limit, or (c) if the making of the expenditure is permissive only, and the mayor is of the opinion that it is not expedient to make the same, and if it receives the disapproval of the mayor in writing as hereinafter provided. (2.) The mayor shall, within one week after the passage of the resolution, signify in writing with his signature in the record or minute his disapproval of the expenditure proposed by such resolution, or of any part of such expenditure. (3.) At the meeting of the Council held next after any su,ch signification of disapproval the mayor shall, by message in writing, inform the Council of such disapproval and of his reasons for the same. (4.) The Council shall thereupon forthwith take such mes- sage into consideration, and if such proposed expenditure, or such part thereof, is confirmed by a two-thirds vote of the whole number of the Council, then the resolution authorizing such expenditure, or such part, shall have full force and effect, not- withstanding such disapproval of the mayor, but subject to all legal remedies if such expenditure, or such part, is not author- ized by law. C. C., s. 307. CONSOLIDATED FUND 105 THE CIVIC DEBT. ( 1.) — The Consolidated Fund . 343 . The several acts and parto of acts set out in the Borrowing -L ^ Acts con- schedule to this part of this Act are hereby continued in force, tinued. and the various sums of money from time to time borrowed by the City under the authority of any such act, and the deben- tures or stock certificates issued for the moneys so borrowed, together with any moneys hereafter borrowed by the City which by the terms of the act authorizing the borrowing of the same are declared to form a part of the consolidated fund, shall con- tinue as the 4 City of Halifax Consolidated Fund.” C. C., s. 308. 344 . Every such debenture or stock certificate shall Debentures continue to be held on the terms and conditions and with the certificates rights, privileges and liabilities upon which the same was issued. confirmed - C. C., s. 309. 345 . Whenever by any act of the legislature the City Deficiency on is authorized to borrow money and to issue the stock Sue® required or debentures of the City therefor, and the amount of such amount - stock or debentures at the par or nominal value thereof fails to produce when sold by the City the amount so authorized to be borrowed, the treasurer may, without further authority from the legislature, but subject to a two-thirds vote of all the members of the Council, as herein provided in respect to an application for an act authorizing a loan, issue such additional amount of such stock or bonds as will when sold by the City produce such further amount as is required to make up the sum so authorized to be borrowed, and any stock or debentures so issued shall be valid and binding on the City as though they had been expressly authorized by an act of the legislature, and the provisions of the Halifax City Consolidated Fund Act, 1905, shall apply thereto. 1907, c. 73. 346 . (1.) The City may by resolution of the Council Loa . n . ln .. , . . . '' ' n • p i .anticipation borrow money m anticipation ot the collection of the taxes ot of taxes, the year in which such money is borrowed, and by such resolu- tion expressly made payable out of such taxes. (2.) The amount so borrowed shall not exceed ninety per cent, of the amount of taxes uncollected at the time of such borrowing, and shall not in any event exceed thirty per cent, of the total amount of the year’s taxes. (3.) Any amount so borrowed shall be repaid as speedily as practicable out of the taxes of the year for which it was borrowed. C. C., s. 310. 106 RESERVE FUND Two-thirds 347. (1.) The Council shall not, except upon the recom- for borrowing mendation of the Board of Control and upon resolution as here- resoiution. inafter provided, apply for an act of the legislature authorizing a loan. (2.) Any such resolution shall be passed only by a two- thirds vote of all the members of the Council, with the names of the members voting for and against recorded, and approved by the mayor, or, if he disapproves of such resolution, by a second such vote after notice of such disapproval. (3.) Any such notice of disapproval shall be given by the mayor in writing within one week after the resolution has been passed, and if he fails to give such notice within the time so limited he shall be deemed to have approved of the resolution. C. C., s. 311. by a instai yabl * 348. Any loan payable by instalments shall be paid within merits limited a period not exceeding five years. C. C., s. 312. to five years. & J Instalments to be included in estimates. 349. The amount of each annual instalment of any such loan with interest shall be added to the other rates and taxes for the year in which the same is payable and be collected along therewith. C. C., s. 313. interest to be 350. Any interest payable on any debt incurred by the taxation. City shall be raised by taxation annually. C. C., s. 314. (2.) — The Reserve Fund. Reserve fund. 351. The reserve fund established by section lY of chapter 51 of the Acts of 1902 for the purpose of meeting loans made in anticipation of the collection of taxes is hereby continued, and shall be known and designated as the “Reserve Fund.” C. C., s. 315. Payments 352. (1.) The treasurer shall, until the reserve fund reaches the amount of seventy-five thousand dollars, pay into that fund: — (a) any sum of money that is to the credit of the unexpended balances account for any financial year, less the sum of five thousand dollars, which shall be used for the purpose of reducing taxation; (&) any money received by the City from any casual and unforseen source, not included in the annual estimate. (2.) After the reserve fund has reached the sum of seventy-five thousand dollars the treasurer shall pay the sums mentioned in this section into the general sinking fund. C. C., s. 316. STREET FUND — GENERAL SINKING FUND 107 353 . ( 1 .) The money of the reserve fund may he loaned Useof - by the trustees thereof to the City, without interest, as a loan in anticipation of the year’s taxes, and shall be used for no other purpose whatever. (2.) Any money so borrowed by the City from the reserve fund shall be repaid thereto as speedily as is practicable out of the taxes for the year in respect to which the money is borrowed. C. a, s. 317. (S.) — The Street Fund. 354 . (1.) The street fund of five thousand dollars street fund, established by chapter 44 of the Acts of 1902 is hereby con- tinued and the amount originally borrowed for that purpose shall continue to be repaid as therein provided. (2.) Such sum shall be kept on deposit in a chartered bank in the City to the credit of an account designated “The Halifax Street Fund,” and no money shall be drawn from the said fund except between the first day of January and the first day of May in any year, and only for the purpose of repairing or cleaning the streets, and upon the recommendation of the Board of Control, and any money so withdrawn shall be repaid on or before the first day of September next ensuing out of the moneys appropriated for the said purposes for the current year. C. C., s. 318. ( lh) — General Striking Fund. 355 . The general sinking fund established by section 11 General sink- of chapter 51 of the Acts of 1902 is hereby continued as a insfund - general sinking fund for the redemption of the funded debt of the City, exclusive of the debt contracted for the water supply, and for no other purpose whatever, and shall be known and designated as the “General Sinking Fund.” C. C., s. 319. 356 . The treasurer shall, in each year, pay into the Payments general sinking fund — int0 ‘ (a) the sum of three thousand dollars, which shall be rated and collected as part of the rates and taxes for each year; ( b ) the sum of two thousand dollars, which shall be taken from the moneys collected for water rates in each year; (c) any money collected on account of permanent pave- ments under the provisions of section 14 of chapter 60 of the Acts of 1890. ( d ) any money collected on account of the construction of any public sewer, less the amount of forty-five thou- sand dollars specified in section 12 of chapter 51 of the Acts of 1902, which shall be used as therein directed; 108 TRUSTEES OF SINKING FUNDS Payments in connection with loans. Trustees of funds. Treasurer of funds. Investment of funds. (e) any money received as a premium on any loan effected ; * (/) any money borrowed by the City and not expended for the special purpose for which it was borrowed; (g) the moneys herein directed to be paid into the reserve fund after that fund has reached the sum of seventy-five thousand dollars. C. C., s. 320. 357 . (1.) Whenever any money is borrowed on deben- tures not payable by instalments there shall each year be paid into the general sinking fund such sum as with the accumulated income thereof will be sufficient to retire the debentures at maturity; and any such sum shall be added each year to the amount of the other rates and taxes, and collected along there- with. (2.) When the money is borrowed for an expenditure to which the owners of property benefitted by such expenditure are by law required to contribute such contributions shall, unless it is otherwise provided, be paid into the general sinking fund, and the amount thereof deducted from the sum raised by taxation for the purpose of the general sinking fund. (3.) When money is borrowed for the purpose of retiring any stock or debentures previously issued by the City, and new stock or debentures issued for such purpose, it shall not be necessary to add to the rates and taxes any amount to provide a sinking fund in respect thereto. C. C., s. 321. 1910, c. 84, s. 5. 358 . The mayor, a member of the Board of Control appointed by that Board and the auditor, during their respective terms of office, shall be trustees of the reserve fund, the general sinking fund, and of every other sinking fund heretofore or hereafter provided in respect to any liability of the City. C. C., s. 322. 359 . The treasurer shall be treasurer of the funds mentioned in the next preceding section, and secretary to the trustees thereof, but shall receive no additional remuneration therefor, and his bond as treasurer shall apply to and include the faithful performance of duties under this part of this Act. C. C., s. 323. 360 . (1.) The trustees shall invest the moneys of the said respective funds in their names as trustees, and the income therefrom, in — (a) bonds or debentures of the Dominion of Canada, or (b) bonds or debentures of the Province of Nova Scotia, or TRUSTEES OF SINKING FUNDS 109 (c) debentures or stock of the City of Halifax, or ( d ) deposit on interest in some chartered bank, and may, from time to time, in their judgment, change any such investment. (2.) Ho portion of any such fund shall be loaned to the City except as in this Part of this Act is provided. C. C., s. 324. 361 . The trustees shall annually make a report in writing Trustees t0 to the Council of the amounts of the said funds respectively, report, how they are invested, and of the income therefrom for the preceding financial year. C. C., s. 325. 362 . The books in which the accounts of the said funds Books to be are kept, and the securities in which the same are invested, shall inspection, at all times be open to be inspected by any controller or aider- man or by any committee appointed by the Council to make such inspection. C. C., s. 326. 363 . Every trustee shall be personally liable for any loss Liability of occasioned by the employment by him, or with his sanction, of trustees - any moneys of any of the said funds otherwise than is provided by this Part of this Act, and such liability may be enforced by action at the suit of the City, or by any ratepayer of the City, or by any creditor of the City to an amount not less than one thousand dollars. C. C., s. 327. 364 . The supreme court or any judge thereof, by any infringement appropriate remedy at the suit of the mayor, or of any rate- restrai^Yby payer of the City, or of any creditor of the City to an amount action. not less than one thousand dollars, may compel the City or any official of the City, or the trustees of the said funds, to perform and carry out any requirement of this Part of this Act, or may restrain any contravention thereof, and any such proceeding may be had and taken notwithstanding vacation. C. C., s. 328. 365 . Hothing in chapter 7 of the Acts of 1902 shall apply cap. 7 , 1902, to any loan contracted by the City. C. C., s. 329. fo°city a ioans. ( 5.) — Supplemental. 366 . (1.) Unless authorized by an act of the legisla- No borrowing ture, it shall not be lawful for the Council to borrow on the credit of the City any sum of money whatsoever, except a loan in anticipation of the year’s taxes as hereinbefore provided. (2.) If any debt is incurred, or any money is expended unauthorized by the Council, or under its authority, beyond the amount Covered 0 be provided by law, such debt or expenditure shall not be recovered council™ 111 from the City, but the members of the Council voting for the resolution for the incurring of such debt, or for the making of such expenditure, shall be jointly and severally liable therefor. 110 BORROWING ACT (CONTINUED) Limitation. Property of City liable for existing loans. Creditors of City not to be prejudiced by repeal. (3.) No member of the Council shall be liable by virtue of this section after twelve months from the passage of such resolution. C. C. ? s. 330. 367 . The real property and funds of the City shall con- tinue liable and bound for the payment of all certificates and debentures heretofore issued by the City and now chargeable upon the City. C. C., s. 331. 368 . No person who at the time of the coming into force of this Act is a creditor of the City, or who holds any just claim upon the City, shall be prejudiced in respect to his rights by the repeal of any enactment repealed by this Act and hereto- fore in force. C. C., s. 332. SCHEDULE TO PART V. List of Acts giving Authority to Borrow Money on Consolidated Fund Remaining in Force. Acts of 1874 Chap. 35 Acts of 1896 Chap. 28, s. - 4 U 1880 24 “ “ 1897 J 44, s. : 8 “ 1881 “ 22 “ “ 1898 “ 65, ss. 13, 14,20 a 1882 25, sec. 13 e( 1899 “ 58, ss. 1, 2, 3 ec 1882 “ 27 (t 1900 “ 51, s. 5 ee 1883 “ 29 “ (C 1901 “ 59 ee 1883 30 e (( 1901 “ 60, ss. 1, 6 “ “ 1884 “ 28 (C 1902 " 45 “ 1885 44 ‘ “ 1902 “ 53 .. “ 1885 “ 45 1902 “ 54 “ 1885 46 1903 “ 75 “ ee 1885 “ 50 M 1905 “ 48 “ 1886 “ 5, ss- 15-16 “ 1905 “ 49 ‘ “ 1886 “ 59, ss. 5, 6, 7 “ 1905 “ 51 “ 1886 61 “ “ 1906 “ 60 “ 1888 “ 47 ‘‘ (e 1906 “ 61 “ 1888 “ 48 “ 1907 “ 67, s. 13 “ 1888 50, except ss. 5, ec 1907 " 69, s. 26, 27 11, 13, 14 “ 1907 “ 71 *•' “ 1888 51 ( ec 1908 “ 72 “ “ 1889 59, sec. 1 (, “ 19.o “ 74 a “ 1889 “ 69 “ 1908 “ 75, the sections (( 1889 72 authorizing the borrow- Royal Gazette, Aug. 28, 1889 ing of the sums follow- Acts of 1890, Chap. 60 ing, that is to say. “ 1890 “ 61 $4000, $3,500, $12,000, “ “ 1891 58, ss. 272 to and $2,000. 286 “ 1909 Chap. 84, s. 7 “ ee 1891 “ 62 “ 1909 “ 85 “ 1891 63, s. 16 “ “ 1909 “ S6 ee 1891 64 “ 1910 “ 47. ss. 4, 6 a “ 1892 “ 59, ss. 4, 6, 7 “ 1910 “ 49 “ 1892 60 - u “ 1911 38. ss. . 7, 9 “ . “ 1893 “ 52, s. 17 “ 1911 “ 40 “ “ 1893 “ 56 1912 “ 81 1894 “ 31 “ 1912 “ 82, ss, . 2. 3. 8, << “ 1895 43, ss. 8, 21 9, 10, (4) and schedule. ‘ 1896 3. s. 11 « “ 1896 “ 27, ss. 40, 45, 55, 57 TAXATION 111 PART VI. TAXATION. PRELIMINARY. 369 . The assessment shall be commenced in the month of Assessment- May in each year for the next ensuing civic year ; the valuations and com? un shall be completed by the thirty-first day of December, and the pleted - books containing the annual rating and taxing shall be pre- pared, made up, and delivered to the collector before the fifteenth day of March in each year. C. C., s. 333. (1.) — Property Liable. 370 . All real and personal property within the City shall, ah property subject to the exemptions in the next succeeding section men- tioned, be subject to taxation as provided in this Act. C. C., , s. 334. (2.) — Exemptions. 371 . (1.) The following property shall be wholly exempt Exemptions, from taxation, that is to say: — (a) Property, real or personal, of His Majesty, used for Imperial, Dominion or Provincial purposes. ( b ) Personal property of persons whether officers or men in the naval or military service of the United King- dom residing in buildings or barracks of His Majesty. (c) The court house and gaol, and the site, appurten- ances and furniture of each. ( d ) Every building used as a college, incorporated academy, school house, or other seminary of learning, and every building used for public worship, and the site, appurtenances and furniture of each. ( e ) The Halifax School for the Blind, the School for the Deaf and Dumb, the Halifax Dispensary, the Young Women’s Christian Association, every poor house, alms house, orphans’ house, house of industry, house of refuge, sailors’ home, infants’ home, and every public library, while used for the purposes indicated by their respective designations, and the real and personal property belonging to each. (/) The property of the institution known as the Victoria Infirmary, its buildings, appurtenances and furniture. ( g ) Any premises occupied by the Salvation Army for the purposes of a maternity hospital, whether the same is or is not the property of that society, provided that 112 EXEMPTIONS Property of ministers and teachers. Property below $200 exempt. Mortgages exempt. Stock in companies. Unmarried women and widows. Firemen’s widows. if it is not the property of that society, the benefit of the exemption is given to the society by reduction in the rent or otherwise, and all personal property used in connection therewith. ( h ) Any premises occupied by the Seaman’s Friendly Society as a Sailors’ Home whether the same is or is not the property of that Society, provided that if it is not the property of that Society the benefit of such exemption is given to the Society by reduction in the rent or otherwise. ( i ) Stocks owned by the City or province, or by literary or charitable institutions. (/) Dominion, Provincial or City debentures or stock. (Jc) The real or personal property of any person or corporation exempted from civic taxation under any special act as therein provided. (2.) Nothing in any act of the legislature shall he con- strued as exempting from civic taxation ministers or school teachers. C. C., s. 335. 1907, c. 69, s. 40; 1912, c. 82, s. 49. 372. No person shall be assessed for his personal property unless its value amounts to the sum of two hundred dollars. C. C., s. 336. 373. Moneys lent on mortgage on real property within the City shall be exempted from civic assessment, and neither the lender nor the borrower shall be liable to pay taxes to the City on any such security. C. C., s. 337. 374. No owner or holder of stock in any incorporated or joint stock company doing business within the City, which is taxed for its capital, or in respect to its profits or income, shall be assessed as an individual for such stock. C. C., s. 338. 375. Every unmarried woman or widow whose net annual income is less than five hundred dollars, and who produces to the assessors an affidavit made before a justice of the peace or commissioner to that effect, shall he exempt from taxation for school purposes upon property to the value of five hundred dollars. C. C., s. 339. 376o The widow of any person who was a member of the Union Engine Company, Union Protection Company, or Axe Fire Company, previously to the first day of May, 1895, shall be exempt from taxation for civic purposes upon property to the value of five hundred dollars, provided there is satisfactory proof that at the time of the death of such member he had served the full term of active service in his company. C. C., s. 340. EXEMPTION OF MANUFACTORIES 113 377 . Nothing in the foregoing provisions as to exemptions No exemption shall be construed to exempt any company, firm or individual ment charges, from payment of water rates or from liability for grading or paving any street, laying any sidewalk, constructing any sewer or other betterment. C. C., ss. 341, 362, (3). 378 . (1.) When any person or company proposes to pur- chase any land, or to erect any building in the City for the purpose of establishing any manufacturing industry, the Council may wholly or in part exempt the land and building, machinery and stock in trade of such person or company from taxation for the general purposes of the City, other than water rates, for a period not to exceed ten years from the establishment of such industry. Manufactur- ing industries. (2.) Any person or company engaged on the 28th day of April, 1906,- in any manufacturing industry in the City who enlarges or extends his buildings or machinery then used for such industry, shall only be rated in respect to all of his or its buildings and machinery on a sum equal to the assessment thereof immediately preceding such enlargement, extension or addition,; provided, however, that where the enlargement or extension of the building involves the purchase of additional land or property, the purchase price of such additional land or property shall be added to his or its assess- ment. If the purchase price of such additional land or property is less than the value at which the same was assessed at the time of such purchase, then the assessed value thereof shall be taken as the valuation thereof, and shall be added to his or its previous assessment. (3.) If the buildings or property mentioned in this section cease to be used for one year as and for a manufacturing establishment, then the property and machinery shall be assessed at their actual value in the same way as other real and personal property are assessed in the City. (4.) The Council shall not, under the authority of this section, grant any exemption to any person or company pro- posing to establish any industry that will at the date of its establishment come into competition with any industry then established in the City. (5.) No exemption hereafter granted by the Council under subjection (1) of this section, or enjoyed under sub- section (2) hereof, shall be deemed or construed to exempt any person or company from the payment of any water rate or from the payment of any contribution or liability in respect to the construction of any sewer, or paving or grading any 8 114 PROPERTY TO BE RATED What property to be assessed. Real property at cash value. Person in possession of personalty to be deemed owner. Property in transit exempt. street, or laying any sidewalk, or other betterment charge, or to relieve any property from any lien in respect to any such charge. (6.) This section shall not apply to establishments for the manufacture of intoxicating liquor. (7.) The repeal of chapter 49, of the Acts of 1902, shall not affect any rights already acquired under the act repealed. (8.) This section shall cease and determine in twenty years from the 28th day of April, 1906. C. (A, s. 344. 1913, c, 69, s. 18. (3.) — Property to be Rated. 379 . (1.) The proportion of the required sum which is to he raised by the rates shall he rated on the owners of real and personal property by an equal dollar rate upon the value of such real and personal property within the City, whether such real or personal property is possessed, occupied or owned hv an individual or individuals, or by any joint stock company or corporation, and whether such individual is resident or abroad, or such company or corporation is domestic or foreign, all according to the best knowledge and discretion of the assessors. (2.) Persons holding real property in fee simple, for life, or for a term of not less than twenty-one years, and mortgagees in possession, shall, for the purposes of this Act, he deemed to he the owners of such real property. (3.) Where the mortgagee of real property is not in possession, the person entitled to the equity of redemption shall he deemed to he the owner of such real property. C. C., s. 342. # 380 . All real property in the City shall he valued by the assessors at the cash value at the time of the valuation, so far as the same can be ascertained, due allowance being made by the assessors in the case of a property receiving only a limited advantage from street expenditure, water supply, sewerage, street lighting, and police supervision. C. C., s. 343. 381 . The person in possession of personal property at the time of the valuation of the same shall be deemed to he the owner of such property, if the actual owner has not been assessed before, and such property shall he liable for the differ- ent rates and taxes assessed in the name of such person in possession. C. C., s. 345. 382 . No property in transit shall he included in the assessment. C. C., s. 345. PERSONAL PROPERTY — REAL PROPERTY REGISTER 115 383 . ( 1 .) Under the expression “personal property” Personal shall he included: — defined. {a) all household furniture, moneys, goods, chattels, wares, merchandise and effects wheresoever situated within the City owned hy any person, company or corporation, and ( b ) all moneys belonging to any inhabitant of the City invested in public or private securities within the City. (2.) All bullion and coins of gold, all Dominion notes and notes of solvent banks in the province or elsewhere, which are the property of any citizen and in the posses- sion of such citizen, or in the custody of a bank or other person or company, except money deposited on deposit receipt, shall he deemed to he the moneys of such citizen, and shall be assessed as his personal property. (3.) All ships and vessels, or shares therein, for the purpose of assessment, shall be valued at one-fourth of their actual value, and shall respectively be assessed to the owner thereof in the ward in which he resides and irrespective of the place or port of registry. (4.) All stocks of merchandise held for sale shall, for the purpose of assessment, he valued at three-fourths of their cash value. C. C., s. 346. (Jf.) — Real Property Register . 384 . (1.) The assessors shall continue to keep a com- t . plete register of all real property within the City according to wards, giving — (u) the description of each property sufficient to desig- nate it, the street or locality in which it is situated, or the number thereof, if any; and, ( b ) the name of the owner or owners, if the same can he ascertained. (2.) It shall he amended and corrected hy the assessors from time to time as occasion requires. (3.) A description, or an amended description, shall be sufficient if the property can in any way he ascertained there- from. (4.) Such register shall he filed as a permanent record in the office of the assessors. C. C., s. 347. ( 5.) — Assessment Books. 385 . The assessors, before proceeding to the assessment of Assessment property in the respective wards, shall he provided hy the City °° s ' with a sufficient number of blank hooks to he used as assessment 116 NOTICE OF ASSESSMENT Entries in. Notice of assessment. Property in different localities. books, ruled and beaded throughout in the following form, or to the like effect : — Ward No. of house, or lot or descrip- tion of pro- perty Name Value of real property. 1 lvalue of per- sonal pro- perty. Total amount on which rate is to be levied. C. C. s. 348. 386. (1.) In case of assessment, the assessors shall enter in such book the name of each person or company to he assessed, and in separate columns the number or description of the pro- perty, the value of real property, the value of personal property, and the sum total on which the rate is to be levied. (2.) In other cases, they shall enter the name of each per- son, hank or company liable to pay any special tax. C. C., s. 349. ( 6.) — Notice of Assessment. 387. (1.) A notice of the assessment over the name of the chief assessor shall he served on the person or company assessed. (2.) It may be served — (a) by delivering the same personally or to some person at his office, place of business or residence, *or to an agent, or, if it is a company, by delivering the same to such company, its officer, clerk or other agent, or ( b ) by leaving it on the property assessed, or ( c ) by mailing it through the post office addressed to such person or company, or the agent of either, with the postage prepaid. C. C., s. 350. 388. (1.) If any person or company is the owner of property, whether real or personal, in more than one locality, the notice shall state in separate entries the valuation in respect to each such property, or a separate notice may be given in respect to each. (2.) Any such notice may also state the valuation of any personal property of such person or company assessed in con- nection with the real property mentioned therein. C. C., s. 351. STATEMENT FOR APPEAL 117 389 . The notice of assessment shall bear date of the day Date of notice, on which it is delivered or left, or in case of mailing, of the day on which it is mailed. C. CL, s. 352. 390 . The entry of any of the assessors, or his initials to Entl 7 of # any entry, on the duplicate or counterfoil of such notice of the ficient evt- fact of such delivering, leaving or mailing, placed there at the service, time or directly afterwards, shall he sufficient evidence in any court of such delivering, leaving or mailing. C. CL, s. 353. 391 . The following form of notice of assessment, or one to For . mof the like effect, shall be sufficient: — Ward No of house or lot or other descrip- tion of property. Value of real pro- perty. Value of personal property. Total amount on which rate is to be levied. I hereby give you notice that the board of city assessors have assessed the property herein specified to you, and at the valuations herein men- tioned, on which rates for the year 19..'.. are to be levied. If you wish to object thereto you are hereby notified to furnish me, at my office in the City within fourteen days from this date, with a written statement, under oath, according to the form herewith served upon you. To Mr Chief Assessor. Dated at Halifax, day of , 19 C. C., s. 354. (7.) — Sworn Statement for Appeal from Assessment. 392 . (l.) The person or company / sought to be assessed, sworn state- or the agent of either, may appeal from the assessment and shall appeainom have fourteen days after service of the notice within which to assessment - furnish the assessors with a written statement, under oath, of the real and personal property of the person or com- pany within the ward in which the property in respect to which the objection is made is situated. (2.) In such statement the value of each of the classes of property mentioned in the form following shall be stated separately. (3.) For the purposes of such statement, ships or vessels, or shares therein, shall be deemed to be property in the ward in which the owner resides. 118 TAXATION OF BANKS Banks, how taxed. (4.) Such statement shall he verified by affidavit sworn before any justice of the peace or commissioner of the supreme court. (5.) It shall be delivered at the office of the chief assessor in the City Hall within fourteen days after the date of delivery, leaving or mailing of the notice. (6.) Such statement and affidavit shall be in the form following, or to the like effect: — STATEMENT OF REAL AND PERSONAL PROPERTY WITHIN WARD NO OF THE CITY OF HALIFAX LIABLE TO ASSESSMENT. $ 1. Real property at its actual value 2. Household furniture and movable property in dwel- ling and premises occupied by subscriber .... 3. Merchandise held for sale at three-fourths of its actual cash value 4. Other personal property within the ward at its actual cash value 5. Moneys in possession or in bank, etc., not on deposit receipt 6. Ships or vessels, or shares or any interest therein, whether at home or abroad, at one-fourth their actual cash value 7. Moneys invested in the City otherwise than on mortgage or on exempted investments Total amount $ City of Halifax, S.S. I, of the City of Halifax, make oath and say that the above statement is in all respects just and true; and that the sum of dollars is the full value to the best of deponent’s judgment and belief, of the real and personal property for which was liable to be rated on the day of the assessment thereof, within ward No. Sworn to this day of , A. D. 19 .... , before me- C. C., s. 355. TAXATION OF COMPANIES. (1.) — Banks. 393 . (1.) Every chartered bank doing business in the City shall pay to the City the rates and taxes following — (а) a tax upon all the real property owned by the bank within the City in like manner and at the same rate as the rates and taxes upon the other real property within the City. (б) a tax of one thousand dollars for each year beginning on the first day in May in which the bank does business in the City. ( c ) a tax of one sixteenth of one per cent, yearly upon the average volume of business done by the bank within the City, computed as hereinafter set forth. TAXATION OF BANKS 119 (2.) Such average volume of business shall be the average of all loans and investments including notes or bills discounted, accounts, current accounts, call loans, loan accounts, past due bills, foreign exchange and other advances of any kind or description whatsoever, and the average deposits, including current accounts and savings’ bank balances-, special deposits, and any other deposit in or balance due by any such bank within the City, except any balance due by any branch bank to the head office of such branch bank. (3.) The said average volume of business shall be ascer- tained by adding together the amount of the said loans, invest- ments and deposits standing on the books of the bank on the last day of each month for the last preceding year ending on the 31st day of December, and dividing the total by twelve. (4.) The local manager, cashier, or agent, and the accountant of every such bank shall, on or before the 31st day of January in each year, file with the assessors, a true state- ment in writing verified by oath in the form in the schedule hereto, showing the average volume of the business of the bank within the City for the year ending 31st December tiext pre- ceding. (5.) Each such bank shall be rated and taxed for the purposes of the City in a sum equal to one-sixteenth of one per cent, on the average volume of business done by the bank in the City for the year as shewn by the said statement, and shall pay that amount yearly to the City, in addition to the rates and taxes on real property and the said tax of one thousand dollars hereinbefore provided, and the same may be recovered from the bank by the City in like manner and with the same remedies as the other rates and taxes of the City. (6.) In no case shall the tax paid by any bank doing business in the City on the average volume of its business be less than seven hundred and fifty dollars, provided that this paragraph shall not apply to any bank hereafter commencing business in the City until one year has elapsed from the date of so commencing. (7.) If any bank so doing business in the City on or before the thirty-first day of January in any year notifies the assessors that it does not desire to be rated in respect tlo its average volume of business, such bank shall not in that year be required to pay any tax in respect to its average volume of business, but in lieu thereof, and in lieu also of the said tax of one thousand dollars, shall be required to pay a tax of three thousand dollars in addition to the rates and taxes imposed in respect to any real property owned by such bank. 120 TAXATION OF BANKS (8.) If any such bank fails on or before the thirty-first day of January in any year to make a return of its average volume of business, or to notify the assessors that it does not wish to be rated in respect to such average volume of business as provided in this section, such bank shall for that year pay as a tax a sum of three thousand dollars in lieu of its taxes other than those in respect to real property as provided in this section. SCHEDULE. Statement of the real estate and of the average amount of deposits, loans and investments for taxable year, 19...., of and , as agent or manager and accountant respectively of Real estate within the City of Halifax, on the first day of April, making no deduction whatever from the full and fair value by reason of any mortgage or other liability. Detailed description of real estate: — Total average of all loans and investments (including overdrawn accounts, notes and bills discounted, current accounts, call loans, loan accounts, past due bills, foreign exchange, and any other advances of any kind or description), the total average of all deposits, (including current account and savings bank balances, special deposits and any other balances or amounts due to or by such branch bank, always save and excepting the balance shown as due to or by the head office and branches) appearing on the books. On the last day of , A. D. 19 “ “ , A. D. “ “ , A. D. , A. D. “ “ A. D. “ “ , A. D. “ “ A. D. “ “ A. D. “ “ A. D. “ “ A. D. “ “ , A. D. “ “ , A. D. Total, The above schedule has been compiled in the legal currency of the Dominion of Canada, and comprises all the deposits, loans and invest- ments of of which we are acting as manager or agent and accountant respectively, and it includes special deposits, current accounts and savings bank balances, notes and bills discounted, call loans, loan accounts, overdrawn accounts, past due bills, foreign exchange, purchased and current, as ner estimate of due dates, and each and every item in the assets or liabilities of the said bank at Halifax, which may or can be regarded either directly or indirectly as deposits or loans (always save and excepting the balances shown as due to or by the head office), and is full, true and correct to the best of our know- ledge and belief, and is not in any way lessened or increased by request, suggestion, instruction or otherwise, for the purpose of avoiding taxation or for other purposes, and neither loans nor deposits nor transactions representing the same nor any item under the headings above mentioned which may be regarded as property belonging to this office, have been either transferred elsewhere or suppressed for the purpose of avoiding taxation or otherwise, and the accounting of our transactions has been in good faith, and the schedule, as made up from the accounting, is also in good faith. . ., Manager. , Accountant. SPECIFIED COMPANIES 121 Be it Known that on the day of , A. D. , at the City of Halifax, in the Province of Nova Scotia, the above named " , personally appeared before me and made oath that the foregoing statement subscribed by him is just and true. Be it Known that on the day of , A. D. , at the City of Halifax, in the Province of Nova Scotia, the above named , personally appeared before me and made oath that the foregoing statement subscribed by him is just and true. C. C., s. 356. (2.) — Specified Companies and Businesses. 394. (1.) Each of the companies, firms or individuals Telegraph, enumerated in this section and doing business in the City, and other^ shall pay to the City a yearly tax of the amount in this section specified in respect to each respective company, firm or individual, to he collected from such company, firm or individual in the like manner and with the same remedies as the other rates and taxes of the City. (2.) Every such tax shall be in addition to any rate or tax payable by any such company, firm or individual in respect to any real or personal property owned by such company, firm or individual, but shall be in lieu of any other rate or tax. (8.) The taxes payable by companies, firms or individuals under this section shall respectively be the following : — (a) Every telegraph company (other than a cable company) having an office in the City. . $300 00 ( b ) Every telegraph cable company having an office in the City, except the Bermuda Cable Company 100 00 ( c ) The Bermuda Cable Company 50 00 ( d ) Every express company having an office in the City, and not having its head office in the Province 200 00 (e) Every express company having an office in the City, and having its head office in the Province 100 00 (/) Every mercantile agency doing business in the City 100 00 ( g ) Every telephone company doing business in the City 600 00 ( h ) Every building and loan company, or loan company, and every trust company doing business in the City 200 00 (i) Every life insurance company doing busi- ness in the City 200 00 122 SPECIFIED COMPANIES O’) Every fire insurance company doing busi- ness in the City $200 00 (h) Every marine insurance company doing business in the City 200 00 ( l ) Every accident insurance or guarantee company doing business in the City 50 00 (m) Every plate glass insurance company do- ing business in the City 25 00 (n) Every steamship company doing business in the City and not assessed in respect to steamship property in an amount which will yield taxation not less than one hundred dollars . 100 00 (4.) If any insurance company does business in the City in more than one of such branches of insurance, it shall pay a tax for each such branch at the rate herein mentioned for the same. (5.) Any life insurance company which is engaged in winding up its business in the City and is issuing no new policies shall be exempt from such tax, but not from rates in respect to its real and personal property. C. C., s. 357. 1908, c. 75, s. 2. (3.) — Halifax Electric Tramway Company. Halifax Elec- tric Tramway Company. 395 . (1.) The Halifax Electric Tramway Company, Limited, in addition to the taxation by law imposed upon the real property owned by it, including the real property formerly the property of the People’s Heat and Light Company, Limited, and of the Halifax Gas Light Company, and the sum of four per cent, on the gross tolls received from the operation of its railway, and the license fee of one thousand dollars imposed bv section 33 of Chapter 107 of the Acts of 1895, and water rates, shall pay half yearly to the City, on the first days of May and November, in each year, a sum equal to two per cent, on its gross receipts during the half year preceding from the supply of electric energy and gas for lighting or power, and such sum shall constitute a lien or charge upon all the property, real and personal, and the franchises of the com- pany, and may be collected in the same manner and with the same remedies, and at the same time, as the other rates and taxes of the City; and in addition to such remedies, if the said sum remains unpaid for three months after the first day of May or November in any year, the supreme court or a judge thereof may appoint a receiver of the tolls and income of the company, who shall, out of the moneys so received by him, pay to the City the amount of the said taxes then in arrear. BROKERS, ETC. 123 / (2.) The said company shall half yearly, on or before the first days of ISfovember and May, furnish the treasurer with a statement of the said gross receipts, showing the amount derived from electricity and gas respectively, verified by the oath of the superintendent or manager of the company, and for the purpose of verifying such statement the City may, if it deems fit, examine the books and accounts of the company. C. C., s. 358. (Jf.) — Stock Brokers , etc. 396 . (1.) Every company, firm or individual carrying on business in the City as a stock broker, investment agent or dealer in securities, or offering for sale in the City any stock, bond, or other investment placed with such company, firm, or individual, for the purpose of sale, and every company, firm, or individual offering for sale in the City the secur- ities of any company or municipality, shall pay the following tax, that is to say: — (a) If such company, firm or individual has its chief office or place of business in the City a yearly ,sum equal to one and one-half per cent, on the value of the premises occupied by such company, firm or individual for the purposes of such business, such value to be determined by the assessors, and prima facie to be deemed to be ten times the rental or fair annual value of the premises so occupied, such sum not in any case to exceed the sum of one hundred and fifty dollars ; and, (5) If such company, firm, or individual does not have its chief office or place of business in the said City the sum of two hundred and fifty dollars. (2.) Nothing in this section shall apply to any company having its chief office or place of business in the province and offering for sale in the City its own bonds, stock, or other securities, or to any licensed auctioneer selling any bonds, stocks or other securities by auction, or to any company, firm, or individual whose business is not exclusively or chiefly that of selling bonds, stocks, or other securities or is not engaged in such business as a principal occupation. (3.) Every person doing business as an insurance broker, other than a broker for an insurance company doing business in the City and paying a tax as such, shall pay a tax of one hundred dollars. (4.) Every person, firm, or corporation doing business as a real estate agent shall pay a tax of twenty-five dollars. (5.) The taxes imposed by this section shall be in addition to any tax imposed by law upon any real property owned by Brokers and real estate agents. Other com- panies. Company- taxes — when due — appor- tionment of. Agents liable. 124 OTHER COMPANIES — GENERAL PROVISIONS V the company, firm or individual doing business as a broker or agent. C. C., s. 359. 1908, c. 75, s. 3. ( 5.) — Other Companies. 397 . (1.) Unless expressly exempted from taxation or other provision is made by special legislation every kind of company or association doing business directly or through an agency in the City (other than the companies provided for in the next four preceding sections) shall be rated in respect to any real or personal property owned by it in the City like other owners of real or personal property, and shall at least pay an annual tax of one hundred dollars, whether it has the property to yield rates in that sum or not. (2.) If the amount of its rate or tax would exceed a sum equal to one per cent, of the paid-up capital of any such com- pany or association it shall pay annually in lieu of such rate or tax a tax of one per cent, on such paid-up capital. C. C., s. 360. ( 6.) — General Provisions. 398 . (1.) Except as is otherwise provided the tax on every bank, company or association shall become due and payable on the thirty-first day of Ma y in each year. (2.) In the case of a company or association beginning business in the City after the first day of May in any year the tax for the year ending on the first day of May next ensuing shall be proportionate to the amount of such year unelapsed at the time of beginning business and shall be payable immediately on beginning business. C. C., s. 361, (Part), 1907, c. 69, s. 11. 399 . (1.) The agent or manager of every company or association which is not incorporated under an act of the legis- lature shall be personally liable — (a) for the tax payable by it, and (h) for the rates payable in respect to any real or personal property owned by it within the City as if he had been assesssed and rated therefor personally. (2.) The payment of such tax and rates due by any com- panv or association may also be enforced by the collector by warrant of distress levied on its property and effects, or by any mode provided in this Act. C. C., s. 362 (Part.) POLL TAX. Poll tax. 400 . (1.) Every male person between the ages of twenty- one and sixty, resident in the City on the 31st day of December POLL TAX 125 in any year, and not assessed at the assessment for that year for either real property or personal property or both to the amount of three hundred dollars, and who is in receipt of a yearly salary or income of not less than four hundred dollars, shall pay to the City a poll tax of five dollars for the general purposes of the City, and the amount thereof may be collected in the same manner and with the same remedies as the city rates upon personal property, and in addition thereto a general warrant may be issued for the collection of the same by distress and sale of the goods of the persons named therein, and for want of goods of any such persons whereon to levy he may be committed to jail, and any person so committed shall be entitled to all the privileges of a debtor imprisoned under civil process. Such warrant may be in the form in the schedule hereto, or to the like effect. When any person is arrested under such warrant it shall not be necessary to deliver the warrant to the keeper of the gaol, but a .certificate of the amount due by the person arrested and of the costs and charges of his arrest and conveying to gaol signed by the collector shall be delivered to such keeper, and shall be a sufficient authority for the detention of such person until released by due process of law. (2.) If the poll tax payable by any person is paid on or before the 31st day of December in the year in respect to which it is payable the person so paying the same shall, if he is a British subject, be entitled to a vote at the next ensuing elections for mayor, controller or aldermen in the City ; and the names of all persons who have so paid shall be added by the collector to the list of persons entitled to vote. (3.) Every employer of labor in the City shall on request furnish to the assessors the name of every person in his employ in receipt of a yearly salary or income of four hundred dollars or upwards. (4.) The assessors shall add to the list of names of persons liable to poll tax on the 31st day of December in each year the name of every person so liable who takes up his residence within the City between the 31st December and the 1st Septem- ber next succeeding. (5.) Before fixing the rate of taxation for any year the probable amount which will be yielded by the poll tax for the ensuing year shall be estimated by a committee composed of the mayor, a member of the Board of Control appointed by that Board, the chief assessor, the collector and the auditor, and the amount so estimated shall be the amount deducted for poll tax bv the assessors from the total sum required by the estimates. 126 COURT OF TAX APPEALS Companies, etc., may- appeal. Court of tax Appeals, con- stitution of. SCHEDULE. General Warrant for Poll Tax. To the City Marshal of the City of Halifax, or to any Bailiff or Sub- Collector, or any Police Constable of that City : Whereas, the persons named in the Schedule hereto are indebted to the City of Halifax in the sums for Poll Tax set opposite their respective names, and have failed to pay the same, — You are hereby required immediately to distrain the goods and chattels of each such person for the sum due by him and for the cost of collecting it, and if need be to remove such goods and chattels to some safe place of keeping, and if within five days after the distress is made such goods and chattels are not redeemed by the payment of such sum with such costs and any additional charges you shall sell the goods and chattels so dis- trained upon to satisfy the same, and for want of goods and chattels of any such person to be by him shewn to you you are hereby required to take his body and him safely commit to the common gaol at Halifax, the keeper whereof is hereby required to take such person into his custody, and him safely keep until the sums due by him with the further sum for the costs and charges of arresting him and conveying him to gaol, as shown by the certificate of the Collector of the said City, are paid, or he is discharged by due course of law. Given under my hand at Halifax, this day of A. D., 19. . . . City Collector for the City of Halifax. SCHEDULE. Name. Residence. Poll Tax (stating years for which due. ) Fees (specifying Services and items) C. C., s. 363, part. 1907, c. 69, s. 12; 1912, c. 82, s. 12. APPEALS FROM SPECIAL TAXES. 401 . In addition to the appeal hereinafter provided for in respect to assessment of property banks and other companies, insurance brokers, and persons sought to he made liable for a poll tax or other special tax may appeal to the court of appeal from any such tax sought to be imposed by the assessors. C. C. . s. 364. COURT OF TAX APPEALS. (1.) — The Court. 402 . (1.) The court cf tax appeals shall consist of the solicitor and two persons to he appointed one by the Governor- in-Council and the other by the chief justice of Nova Scotia. (2.) In the case of illness or absence from the City of any member of the court, or disqualification from interest or other sufficient cause, the mayor shall he substituted for and shall temporarily perform the duties of such member. COURT OF TAX APPEALS 127 (3.) In the event of either member so appointed dying, refusing to act, becoming incapacitated, or being otherwise unable to act, his place shall be considered vacant, and the mayor, who shall have the power to determine such vacancy, shall request the Governor-in-Coimcil or the chief justice, according to the vacancy, to appoint a successor, which appoint- ment shall be forthwith made. (4.) Every person appointed a member of the court shall continue in office untill his successor is appointed. (5.) The remuneration of each member shall be five dollars for every day he is actually employed, but shall not exceed one hundred dollars in any one year, which shall be paid by the City, together with any actual expenses connected with the sitting of the court. (6.) The solicitor when present shall preside at all meetings of the court. C. C., s. 365. 403 . The court shall hear all appeals from assessments and To hear an taxes brought before it, and whether made or imposed by the appeals - assessors with or without jurisdiction, and its decision, or that of a majority of the members, except as hereinafter provided shall be final. C. C., s. 366. (2.) — Sittings . 404 . (1.) The court shall sit at such times and places as sittings, are determined by the members of the court, and may adjouri: from time to time during the hearing of appeals. (2.) Notice of the time and place of the first meeting in any year, and every other meeting not an adjourned meeting, shall be duly advertised for such time and in such manner as the members determine, but the court may at any time in its discretion hear an appeal without such notice by consent of the person appealing. C. C., s. 367. ( 3.) — Subpoenas. 405 . The court may at any time issue subpoenas for the ^J^ s n u a e s attendance of witnesses before the court, to be signed by any member thereof, and any person who disobeys such subpoena shall be liable to a penalty of not less than five nor more than fifty dollars. C. C., s. 368. (If.) — Appeals out of Time. 406 . (1.) When owing to absence from the City, illness ADpea is out or other sufficient incapacity, or failure by the assessors to give oftime - a notice of the assessment, any person is unable to make the necessary sworn affidavit for an appeal required by this Act, 128 COURT OF TAX APPEALS such person may make and file such sworn statement or affidavit within fourteen days after his return or recovery from illness or other cessation of the incapacity, or from his first learning of the assessment, upon filing with such sworn statement or affidavit a supplementary affidavit or affidavits establishing the fact of such incapacity or failure to give such notice. (2.) In the event of any such incapacity continuing until the death of such person, an heir, executor, administrator, devisee, or other person directly affected by the assessment complained of, may make and file the sworn statement or affida- vit for appeal upon filing with the same a supplementary affida- vit or affidavits establishing the fact of such incapacity and the continuance thereof, and accounting for the delay after the date of such death. (3.) If such supplementary affidavit or affidavits are sufficient in the opinion of the court it shall hear the appeal, notwithstanding the sworn statement or affidavit for appeal was filed out of time. (4.) Ho appeal in respect to the assessment made in any civic year shall be entertained under this section after the tenth day of March in that year. C. C., s. 369. Procedure on hearing appeals. Powers of Court. (5.) — Hearing Appeals. 407. (1.) The court shall take up the appeals in such order as it determines, and may make up a list showing such order, and it shall hear and determine such appeals with as little delay as is reasonably practicable. (2.) The chairman shall administer the witness’ oath to each witness who is examined. (3.) The court shall hear and determine the objections of or on behalf of every one who has appealed — (a) to the valuation or assessment which has been made in respect to or upon such person, or the property of such person, or ( b ) in the case of property of a firm, minor, married woman or deceased person, or other trust estate, to the valuation or assessment which has been made in respect to such property. C. C., s. 370. ( 6.) — Powers of Court. 408. The court, after hearing the persons who have appeared before them, and the witnesses produced, and after viewing the premises or property in any case in which it thinks right so to do, may — (a) reduce, annul, increase or alter, so as to meet the ends of justice, the valuation and assessment appealed COURT OF TAX APPEALS 129 against, and determine the true amount and valuation on which the property should be rated; ( b ) give such judgment as to law and justice appertains. C. C., s. 371. 409 . The court shall also have power, and it shall be its Further duty, whether upon appeal or the application of the assessors duties S an or the City, or on its own motion — (a) when property has been valued or assessed in the name of any person other than the owner or proper person under this Act, to direct such valuation or assessment to be transferred to such owner or proper person, and the assessors shall thereupon make such transfer in their books and give notice of such valuation or assessment to the transferee, who may, within fourteen days from such notice, appeal to the court from such valuation or assessment; ( b ) when the assessors, through ignorance or mistake, have assessed any property by law exempted from taxa- tion, to annul such assessment at any time ; (c) when any property of any person has been assessed more than once for the same general assessment, to annul the assessment improperly made; (d) to correct any clerical errors made by the assessors, provided such corrections are made before the first day of May in that year. C. C., s. 372. (7.) — Reserved Case. 410 . (1.) The court may, at the request of any person case reserved who has appealed, or of its own motion, state a case in writing c°ourt! preme on any question arising before such court for the opinion of a judge of the supreme court in chambers at Halifax. (2.) Such case shall be signed by the solicitor, and shall be forthwith filed with the prothonotary of the supreme court. (3.) Either the person appealing or the solicitor may bring on the case for hearing before the judge, and shall give three days’ notice to the other of the hearing. (4.) The decision of the judge shall be given within twenty days after such case has been heard. C. C., s. 373. 411 . The judgment of the court of tax appeals, or of the Judgmentof judge, upon a case reserved, shall be carried out by the carrie^out assessors, who shall make the necessary amendments in the by assessors * books of assessment or other books and documents kept by them to comply with such judgments. C. C., s. 374. 9 130 THE RATES — RATE ROOK Assessment or judgment on appeal, of what con- clusive. Striking the rate. The rate book. ASSESSMENT CONCLUSIVE. 412 . (1.) The assessment as fixed by the court of tax appeals, or by the assessors if there is no appeal, in respect to any property, real or personal, shall he conclusive of the following matters: — (a) that the person or estate assessed was properly assessed in respect to such property; (b) that the valuation in respect to such property was the proper valuation, and ( c ) that the assessors had jurisdiction to make such assessment. (2.) In case of an appeal, the court of tax appeals shall be deemed in any court where the matter is brought in question, to have had jurisdiction in respect to such appeal if its juris- diction might have depended upon any question of facts deter- minable by the court of tax appeals. C. C., s. 375. THE RATES. 413 . The assessors shall estimate as correctly as may he the probable amount to b^ yielded by the taxes payable by the banks, by special taxes on companies and others, and other special taxes, and shall add thereto the amount estimated for poll tax as by this Act provided and, after deducting the amount so arrived at from the total sum required, shall, in respect to the amount of the balance, fix a rate of so much on the dollar of the assessed value of the property assessed on the assessment books as will produce that amount. C. C., s. 376. RATE BOOK. 414 . (1). The assessors shall make up a rate book show- ing the rates and taxes for the City, in which there shall be distinctly shown — (a) the amount rated upon each person, firm, estate or company ; (b) the amount of any specific tax; (2.) They shall prepare and keep a complete register con- taining the name of every person liable to pay a poll tax. C. C., s. 377. 415 . The chief assessor, or in case of his absence or illness, one of the assessors, when such book is so made up, shall sign the same. C. C., s. 378. How signed. NOTICE TO PAY RATES AND TAXES 131 VERIFICATION OF RATE BOOK. / 416 . (1.) The assessors shall each subscribe and take in And verified - respect to such hooks the following oath, which may be admin- istered by the mayor or any controller or alderman in the pre- sence of the clerk : — “We (names and offices) do hereby solemnly swear (or affirm) that the (books marked A, B, C, D, identified) contain a full and true list of the names of all persons, firms, estates or companies, known to us who are liable to rates and taxes in the City of Halifax for the year commencing the first day of May next, and that the real and personal property con- tained in the said list and assessed to each person, firm, estate or company, in the said list, is a full and accurate assessment of all the property of each person, firm, estate or company liable to taxation at its full assess- able value according to our best knowledge and belief.” (2.) In the case of absence or illness of any, or any two of the assessors, the others or other of them shall subscribe and take such oath. C. C., s. 379. 417 . The assessors having completed such book shall Book to be deliver the same to the collector. C. C., s. 380. collector ? 40 NOTICE TO PAY RATES AND TAXES. 418 . The assessors shall, on or bef ore the first day of May, Tax bills to make out and deliver to the collector the notices requiring toconwtorf payment of the rates and taxes for every person or company liable to pay rates or taxes. C. C., s. 381. 419 . (1.) The collector shall thereupon serve, each per- And sent out . , . • • .1 . 1 , by him. son or company with a notice requiring the payment to him ot the rates and taxes due by such person or company. (2.) Such service may be made — (a) by delivering such notice at the office, place of busi- ness or residence of such person, or to an agent of such person, or if it is a company, by delivering the same to such company, its officer, clerk or other agent, or (&) by mailing it through the post office addressed to such person or company, or the agent of either, with the postage prepaid. ( c ) if the person is a non-resident whose address is unknown to the collector, by publication of such notice in a newspaper published in the City. (3.) The entry of the collector or a sub-collector, or of his initial to such entry, of the fact of such delivery or mailing made at the time or directly afterwards, shall be sufficient evidence in any court of such service. Partnership property — how assessed. Trust proper- ty, etc. Undivided real property of deceased persons. 132 PROPERTY OF FIRMS, MINORS, MARRIED WOMEN, ETC. (4.) Such notice may be in the following form, or to the like effect: — “Halifax, , 19 ... . “You are hereby notified that you are rated (and taxed) for the year “ 19. . . ., for City purposes, for the sum of dollars, “which you are required to pay within thirty days from the first day of “May, 19. . . ., or proceedings may be taken to enforce payment, together “ with all costs and expenses of collection. Two per cent, will be taken off “ the amount of rates due in respect to any one property, if such rates are “paid before the 31st day of July, 19...., and after the 30th day of “September, 19.. .., interest at the rate of one half per cent, per month “ will be added to any amount remaining unpaid. A. B., City Collector.” C. C., s. 382. PROPERTY OF FIRMS, MINORS, MARRIED WOMEN, TRUST ESTATES AND JOINT TENANTS. 420 . Partners in business may be assessed under the name of the firm in respect to partnership property in the same way as individuals, and the notices of valuation and to pay the rates and taxes and all other notices required by this Act for the collection of rates and taxes, if given to either partner, or to any ostensible agent of the firm, shall be valid and binding on the firm and the members thereof. C. C., s. 383. 421 . The assessors may assess — (a) the property of a deceased person under the control of an executor, administrator or trustee: ( b ) the separate property of a married woman; (c) the property of a person under the age of twenty- one years, or ( d ) property in any way under the control of an agent or trustee, in the name of the principal person or persons ostensibly exercising control over such property, but under such descrip- tion as will keep such assessment and the rating separate and distinct from any assessment and rating on such person or persons in respect to property held in his or their own right. C. C., s. 384. 422 . (1.) The undivided real property of a deceased person may be assessed to his heirs or devisees without desig- nating any of them by name until notice is given to the assessors of a division of such property into shares and the names of the persons to whom the shares are respectively allotted. (2.) Until such notice is given, the heirs and devisees shall be severally liable for the whole rate upon such property, and if any of them pays it he shall be entitled to recover from the other heirs or devisees the respective portions of the said PROPERTY OF FIRMS, MINORS MARRIED WOMEN, ETC. 133 rate due by them, and the same shall constitute a preferential charge on the property, which may be enforced by an action for the sale thereof. C. C., s. 385. 423 . The real property of a deceased person, the right or Property with title to which is doubtful, or is unascertained by reason of doubtful txt e ' litigation concerning the will of the deceased, or the validity thereof, or otherwise, may be assessed in general terms to the estate of the deceased, and the rate upon such real property shall constitute a lien upon such property and may be enforced by the sale of the same or a part thereof as provided for enforcing other liens for rates or taxes upon real property. C. C., s. 386. 424 . Personal property owned by any person under Personalty twenty-one years of age, or of unsound mind or under guardian- imbeciles, ship may be assessed in the name of the guardian, and the service of notices in respect thereof shall be made upon such guardian. C. C., s. 387. 425 . (1.) After probate or letters of administration are of^ersons 7 granted, personal property of a deceased person shall be deceased, assessed to the executor or administrator until he gives notice that the estate has been distributed and paid over to the persons interested therein. (2.) Before such probate or letters are granted, it shall be assessed in general terms to the estate of the deceased, and the executor or administrator subsequently constituted by such probate or letters shall be liable for the rate in respect to such property in like manner as if the property had been assessed to such executor or administrator. C. C., s. 388. 426 . (1.) While anv real or personal property within Notices to be the City of any deceased person remains in charge of or under ecutors, etc., the control of executors, administrators, trustees or guardians, cas C es r . tam notices of the valuation, of the rate payable in respect to such property, of the sale in case of real property for rates and taxes, : ad all other notices required by this Act, may be given to such executors, administrators, trustees or guardians, or any one of them. (2.) Where any ratepayer whose property has been valued b" the assessors under this Act dies before the assessments and taxes have been fixed and adjusted or paid by him, any notice may be served upon the executors, administrators, trustees or guardians having control of the property, or any one of them, and if there is no executor, administrator or trustee immediately ready to be served with such notice, publication thereof in a newspaper published in the Citv shall be sufficient. C. C., s. 389. 134 BUSINESS COMMENCED AFTER ASSESSMENT Property held by more than one person, notice to any one sufficient. Any person who may be served, may appeal. Person be- ginning busi- ness after regular as- sessment. 427 . Where any property, real or personal, belongs to more than one person, whether the same is owned by co-partners or tenants in common, or is held or is in charge of executors, administrators, trustees, devisees, co-heirs or guardians, the notices of the valuation of the rate payable in respect to such property, and every other notice required by this Act, and the service thereof and every proceeding under this Act for the assessment, levying, enforcing and collection of the rates and taxes shall be sufficient and valid if such notices are actually served on, as hereinbefore provided, or come to the notice of, any one of the persons to whom it so belongs, or are left on the property assessed, and notwithstanding such notices and such proceedings do not include the names of all of such individuals, and notwithstanding any errors, omissions or mistakes in the name or names of the person or persons to be rated, provided that the property itself intended to be rated is sufficiently designated or pointed out in such notices to enable the parties to ascertain the subject of such rate. C. C., s. 390. 428. Any person who, under the preceding provisions, may be served with the notices required by this Act as a representative of the property, or otherwise, may make the sworn statement or affidavit for appeal to the court of tax appeals, and shall have the same rights, powers and liabilities in respect to the said assessment as an absolute *owner of the property. C. C., s. 391. BUSINESS COMMENCED OR GOODS IMPORTED AFTER ASSESSMENT. 429. (1.) Every person who commences business of any kind in the City whose stock has not been assessed at the previous general assessment, or been taxed, shall give notice in writing to the assessors of his doing business. (2.) The assessors shall forthwith assess the stock of such person in the same way and at the same rate as other persons are assessed in the general assessment, and shall make a return of the same to the collector, who shall collect the amount as all other taxes are collected. (3.) Any person so commencing business who does not give such notice shall be liable to a penalty not exceeding forty dollars, and in default of payment, imprisonment for not less than thirty days, nor exceeding ninety days. (4.) The penalty may be remitted by the magistrate if it appears at the trial that such person did not wilfully omit to give such notice. (5.) Whether such notice is given or not, the assessors shall assess and notify such person commencing business after the general assessment has been made. C. C., s. 392. OBTAINING INFORMATION — ALTERATION IN FORMS 135 430 . Every auctioneer, broker or agent, who — Goods im- / \ • ■ . r i ported after (a) imports or receives on consignment ±rom any place assessment, out of the province any personal property, or ( b ) receives from any person, firm or company within the province any personal property which has been imported into the province for the purpose of selling the same, and upon which no rates have been paid in any other part of the province, shall, in respect to such property, be deemed to have commenced business under the provisions of the next preceding section, and shall be personally responsible for city rates in respect thereto. C. C., s. 393. 431 . The assessors shall, in making any assessment under procedure in the two next preceding sections, rate such personal property at such case ' the rate fixed for the current civic year, and the person assessed shall be served with a notice of the amount of the rates due in respect to the said goods, which shall thereupon become due and payable. C. C., s. 394. 432 . If such person is dissatisfied with the amount of the Appeal, rates levied on the said goods, he shall first pay the same and shall thereupon have the right to appeal against the assessment as in other cases under this Act, and the amount of any reduc- tion in such rates made by the court of tax appeals shall be returned to him when the appeal is determined. C. C., s. 395. OBTAINING INFORMATION. 433 . (1.) Every person assessable for real or personal information property, or liable to a tax, and the officers of every company so Sshed U as- assessable or liable, shall furnish, when requested, all informa- sessors - tion which is sought by any of the assessors in the discharge of his duties under this Act. (2.) Every keeper of a hotel or boarding or lodging house, and every master and mistress of a dwelling house or tenement, shall furnish, when requested by any of the assessors in the dis- charge of his duties, the names of all persons residing therein. (3.) Every person who refuses to furnish any information required by this section to be furnished, or knowingly gives false information, or refuses to allow the assessors in the dis- charge of their duties to enter in or upon the property or pre- mises owned or occupied by him, or, in the case of a company, by the company, shall be liable to a penalty not exceeding twenty dollars. C. C., s. 396. ALTERATION IN FORMS. 434 . Any form provided in this Part of this Act may Pormmay from time to time be altered by resolution of the Council. be alterftd - C. C., s. 397. 136 COLLECTIONS Taxes to come due 31st May. Discount for payment bef ore 31st July. Interest after 1st Septem- ber. Collector to take pro- ceedings to collect taxes. May proceed before 31st May. Judicature Act rules to apply. Taxes due by estates of deceased persons. COLLECTIONS. 435 . All city rates and taxes shall become payable on tne thirty-first day of May in each year. C. C., s. 398. 436 . (1.) If the rates dne in respect to any one property are paid on or before the thirty-first day of July in the year in which the same fall dne, there shall he allowed a discount for such payment of two per cent, on the amount of such rates, to he deducted by the collector when the same is paid. (2.) If such rates are not paid on or before the thirtieth day of September in such year, interest shall he paid thereon, or on such part thereof as* is unpaid, at the rate of one-half per cent, per month, including the month within which payment is made, until the whole amount is paid ; and payment of such interest may he enforced by the same remedies as* in the case of rates and taxes. C. C., s. 399. 437 . The collector shall, immediately after the thirty-first day of May, take proceedings to recover the amounts due for rates and taxes, and may enforce the payment thereof — ( a ) by the issue of warrants of distraint and the seizure and sale thereunder of any goods and chattels, or (&) by action in the name of the City as if they were a debt due to the City, or (c) by both forms of remedy. C. C., s. 400. 438 . Where the collector has reasonable cause to believe that any person who has been assessed is about to leave the City before the said thirty-first day of May, the collector may forth- with either distrain upon the goods or chattels of such person, or proceed against such person by a writ of capias or order to arrest, and in such case the rates and taxes of such person shall he deemed to he due to the City as soon as the rate for the year is ascertained and fixed by the assessors, although the thirty- first day of May has not elapsed. C. C., s. 401. 439 . The rules of the J udicature Act and other provisions in force relating to absconding or absent debtors, and to foreign companies or bodies corporate, shall apply to rates or taxes due to the City as to an ordinary debt due by any person, abscond- ing or absent, from the province, or by any company under the conditions mentioned in such rules and provisions. C. C., s. 402. 440 . Hates and taxes assessed upon or due in respect to property of a deceased person, whether due before his death or assessed or rated subsequently, may he recovered by warrant of COLLECTIONS WARRANT 137 distraint against liis property, or in an action, as for a debt due to the City, against his executors or administrators or trustees, or any one of such executors, administrators or trustees, and in such case no objection shall be allowed on account of the non- joinder of the others of them. C. C., s. 403. 441 . Where an individual or a firm indebted to the City collector for rates or taxes makes a general assignment of assets for ™romisewi t creditors, or is otherwise unable to pay liabilities in full, or the estates.^ individual dies and his estate is declared insolvent in the court of probate, and the collector in any such case can find no pro- perty on which to distrain for rates or taxes, he may, on behalf of the City, assent to the terms of any such assignment or accept a dividend from the estate on account of such rates or taxes. C. C., s. 404. 442 . (1.) The cpllector may issue a general warrant of distraint for the collection of rates and taxes against persons who have not paid the amounts due by them, or against any one or more of them, directed to his bailiffs or sub-collectors and made returnable in such time as the collector directs. General warrants. (2.) Such warrant may be in the form following, or to the like effect: — (WARRANT.) City of Halifax. To A. B., bailiff, or any other of the bailiffs, or sub-collectors of rates and taxes of the City of Halifax. Whereas, by assessment and rate, made in comformity with law, the persons named in the schedule hereto annexed have been assessed and rated for city rates and taxes for the year 19. . . ., and the sums set oppo- site their names in such schedule remain unpaid, and are due to the City of Halifax for such rates and taxes, these are therefore to require and command you forthwith to make distress of the goods and chattels of the persons mentioned in such schedule hereunto annexed severally, and if within the space of five days next after such distress by you taken, the sums in the said schedule set opposite their respective names, together with the necessary charges of taking and keeping the distress, are not paid by each of them respectively, that then you do sell the goods and chattels of such of them as have not paid such sum set opposite to his name, with the charges as above mentioned; and out of the moneys severally arising from such sales, you do forthwith pay over the sums so due by them- respectively to me; and that you do render to the owner of the goods respectively, upon demand, the surplus (if any) remaining from the sale thereof, the necessary charges of taking, keeping and selling the dis- tress being first deducted; and if no such distress can be made, that you then certify the same to me. Herein fail not, and make due return to me of your doings under this warrant within days from the date hereof. Given under my hand at Halifax, ) this day of .... ) A. D. 19. . . . ‘ ) Collector of Rates and Taxes. 138 COLLECTIONS Duties of bailiff. Share in company — how levied on. Coin, deben- tures, etc. Schedule Referred to in the Foregoing Warrant. Dated ., 19. . . . Name Description and place of Residence or Business. Amount due for Rates and Taxes. 443 . (1.) The bailiff or sub-collector to whom such warrant is entrusted, shall forthwith execute the same as thereby commanded. (2.) The property seized thereunder may be removed to any place for safe-keeping. (3.) If a distress or seizure is sold for more than the amount due for rates or taxes and the charges of taking, keep- ing and sale, he shall return the surplus to the owner upon demand, with an account in writing of the sale and charges. (4.) He shall make a return of his doings under the war- rant to the collector within the time limited therein. C. C., s. 406. 444 . (1.) The seizure of a share or other interest in a corporation may be made by leaving with the president, cashier, manager, or other principal officer of the corporation, a copy of the warrant, with a statement thereon, under the hand of the collector, of the amount due by the holder of the share or other interest for rates or taxes, and setting forth that upon his neglect or refusal to pay, the collector has seized such share or interest, and such share or interest shall be forthwith subject to a lien for such amount taking precedence of all other transfers. (2.) The sale of such share or interest shall be made in the manner prescribed by law for the sale of goods and chattels for rates or taxes. (3.) The transfer to the purchaser of such share or interest by the person executing the warrant shall be as effectual as if made by the holder of the share or interest, and shall be entered in the books of the corporation against such share or interest. C. C., s. 407. 445 . Coin, debentures, bank notes, bills of exchange, pro- missory notes, cheques, bonds, mortgages and other choses in action may be seized under such warrant, and the amounts landlord’s distress for taxes— lien, etc. for rates 139 thereof realized, in the same manner as they are seized and the amounts realized by a sheriff under execution against a debtor. C. C. ; s. 408. landlord's distress for taxes. 446 . (1.) Where any lease or agreement in writing Landlord’s provides that the tenant is to pay all rates or taxes in addition to the rent fixed in the said lease, and the landlord pays such rates or taxes, he shall have the right to distrain upon the personal property of the said tenant for the same if he has first served the tenant with a notice in writing demanding the pay- ment of such rates or taxes ten days before distraining for the same, and may sell the said personal property after at least three days’ advertisement of such sale. (2.) If the personal property of the tenant is removed from the premises after the service of such notice, the landlord may follow and distrain and sell the same as herein provided. C. C., s. 409. LIEN ON REAL AND PERSONAL PROPERTY FOR RATES. 447 . Rates and taxes rated or imposed in respect to anyLtenf° r real property shall constitute a special lien on such real property having preference and priority over every claim, lien, privilege, or encumbrance of any person except the Crown, and shall not Tf quire registration to preserve it. C. C., s. 410. 448 . The lien upon real property for rates and taxes shall Lien on real not, except as hereinafter provided for, extend beyond the three ye^£° r period of three years from the time when such rates are due and payable, unless within that time such real property has been advertized and sold for the payment thereof, and a certificate of such sale has been given by the collector under the provisions of this Act. C. C., s. 411. 449 . The personal property of every person or company Per sonai shall be liable for the full amount due by such person or com- ^h^for pany to the City for rates and taxes, and such rates and taxes shall constitute a lien on such personal property during the civic one year, year for which they are rated or imposed in preference and priority to and notwithstanding any assignment, mortgage or other conveyance of, or claim or lien for rent, or other claim or lien upon such personal property, or any judgment entered against such person, or any execution, warrant, attachment, or other process issued or levied to bind such property. C. C., s. 412. 450 . (1 .) Ho personal property of any person or corpor- Priority for ation shall be taken possession of or removed by virtue of any execution^ assignment, mortgage, or other conveyance, or claim or lien for When lien attaches. List of delinquents. 140 LIEN ON REAL AND PERSONAL PROPERTY FOR RATES rent, or other claim or lien, or any execution, warrant, attach- ment, or other process, unless the holder of such conveyance, claim or lien, or the person suing out such process, before taking possession of, or removing such personal property, pays all the rates and taxes for the then current year due by such person or corporation. (2.) The sheriff, or his deputy, or other officer executing such process, or the person distraining for rent under warrant of distress, shall levy and pay to the collector such rates and taxes in preference to the satisfaction of such process or warrant of distress. (3.) The holder of every such conveyance, claim or lien, or the person suing out such process, and every person assisting him, and every other person taking possession of or removing such personal property, shall be liable to an action for the amount so due to the City for rates and taxes if he does not pay such amount within two days after such taking possession or such removal, and any property so taken or removed, may be distrained upon by the collector, notwithstanding such taking or removal. C. C., s. 413. 451. (1.) The lien for rates and taxes on real and per- sonal property shall operate and attach upon the same respec- tively from the date of the oath subscribed by the assessors in respect to the rate book mentioned in this Act. (2.) Rates or taxes rated or imposed afterwards either in the case of — (a) stock of goods of a person commencing business after the general assessment, or goods imported or received by an agent as provided in this Part, or ( b ) property omitted by accident or error from the general assessment as provided in this Part, or (c) any property or person liable by law to be assessed, rated or taxed, where they have not been assessed, rated or taxed, or ( d ) any re-assessment or retrospective assessment or rating provided for by this Act shall constitute a lien thereon from the time they are entered in the proper books of the assessors or collector. C. C., s. 414. SALES AND LIENS. (1.) — List of Delinquents. 452. (1.) The collector shall, on or before the thirty-first day of December in each year, prepare a list- of all lots of land in respect to which any rates or taxes have been due since the first day of June in the preceding calendar year with the amount so due and the person by whom they are payable. SALES AND LIENS 141 (2.) Such list shall be headed “list of lands in the City of Halifax liable to be sold for the arrears of rates and taxes for the year 19 ” C. C., s. 415. 453. (1.) It shall be the duty of the assessors to carefully Assessors to examine and correct such list, and in case of any transfer having list, taken place in respect to any such lot, and the rates and taxes in arrear against the same being due by a former owner, to enter against such lot in red ink the name of the present owner or person to whom the same is assessed. (2.) Such list so corrected shall, before the thirty-first day of May in each year, be signed by the assessors, or a majority of them, and returned to the collector, who shall file it in his office for public use. C. C., s. 416. (2.) — Notice of Lien. 454. (1.) Upon the notice requiring payment of rates Notice of and taxes for the current year in respect to any lot a further 1 notice shall be added, or a separate notice may be given, inform- ing the owner of such lot, or person to whom the same is assessed, that it is liable to be sold for the arrears of rates and taxes under the lien. (2.) It shall be the duty of the collector to have any such notice served, and all the provisions in force in respect to the mode of service of a notice requiring payment of rates and taxes shall apply to the service of such notice. C. C., s. 417. (3.) — Statements of Lands for Sale and Warrant. 455. (1,) If the rates and taxes upon any such lot of statement land mentioned in such list, with interest thereon from and after be soar t0 the thirtieth day of September of the year in which they became due and payable, are not paid before the first day of September next after such list is filed, the collector shall submit to the mayor a statement, in duplicate, of all the lots of land in respect to which any rates or taxes have been in arrears for two years, containing a description of each lot with the amount of arrears against it set opposite to the same. (2.) Such description shall be a description by metes and bounds, sufficiently definite for the identification of the lot, and it shall be the duty of the solicitor, the engineer, 'and the assessors, to render such assistance and furnish such infor- mation to the collector as is necessary to enable him to make such description. C. C., s. 418. 456. (1.) The mayor shall, after satisfying himself that Mayor to each lot mentioned in the statements is the same lot which Was same and assessed for the rates and taxes set opposite thereto, and is liable f a r nt. twar " 142 SALES AND LIENS Forms. Statement to be con- clusive evi- dence. therefor, and that the lien notice has been duly served in respect to such lot, authenticate such statement by affixing thereto the seal of the corporation and his signature, and shall deposit one of them with the clerk and shall return the other to the collector annexed to a warrant under the seal of the City and the hand of the mayor, authorizing him to sell such lots for the arrears of rates and taxes against them respectively, with the interest and the expenses. (2.) Such certificate of authentication and warrant shall be in the form following, or to the like effect: — CERTIFICATE OF MAYOR. I hereby certify that the foregoing statement of all the lands liable to be sold for rates and taxes due in respect to such land for the civic year commencing on the first day of May 19. . .., pursuant to the provi- sions of the Halifax City Charter, was on the day of 19. . . ., submitted to me by the collector of rates and taxes; that I have made enquiry and am satisfied that each lot mentioned in the said statement is the same lot which was assessed for the rates and taxes set opposite thereto, and is liable for the same and to be sold for the said rates and taxes, and that the lien notice has been duly served in respect to such lot, and I hereby authenticate the said statement, and a dupli- cate thereof, by affixing the seal of the City and my signature, this . . day of , 19 ... . WARRANT. Province of Nova Scotia, ) City of Halifax, ) To the collector of rates and taxes far the City of Halifax : Whereas , bv assessment and rate made in conformity with law, the lots of land and premises mentioned in the statement hereto annexed have become liable to pay the several sums set opposite thereto for city rates and taxes assessed on property in the City of Halifax for the year 19. . . ., which said rates and taxes are still due and in arrears, and payable to the City of Halifax in respect of the said lands, and the said lots are also liable to pay the interest on rates and taxes and the expense of collection, which sums form a lien thereon pursuant to the statute. These are there- fore to require and command you forthwith to levy upon the said lands for the. arrears of rates and taxes due thereon respectively, with interest and expenses, and in default of payment thereof to sell the said lands, or such portions thereof as are necessary, at public auction after thirty days* notice, pursuant to the statute, and that out of the moneys arising from the sale of each of such lots, or portions thereof, you do retain for the City of Halifax the amount of rates and taxes, interest and expenses, due in respect thereof, and that you do pay the balance, if any, to the accountant- general of the supreme court at Halifax. Herein fail not, and make a return to me of your doings under this warrant within ninety days. Given under my hand and the seal of the City of Halifax, this day of , A. D. 19. . . . ** A. B., Mayor. (Seal) C. C., s. 419. 457. The statements signed by the mayor and sealed with the seal of the City in respect to sales of lands for rates and taxes, whether the statement is deposited with the clerk or annexed to the warrant for sale as herein provided, or a copy thereof, or of any portion thereof, shall, in any action or other SALES AND LIENS 143 proceeding touching the assessment, rating or taxing of the real property therein mentioned, or the title thereto, or in which any of them is brought in question, he received in any court in the province as conclusive evidence of the legality of the assessment, rating or taxing, and that the said rate or tax was due and unpaid, and that each lot of land in any such statement mentioned was legally liable for the amount of rates and taxes set opposite to the same, with interest and expenses, and that the said amount with such interest and expenses formed a lien upon such land. C. C., s. 420. (Jf.) — Advertisement and Sale. 458 . (1.) The collector shall, on receipt of the warrant, Advertise- prepare a copy of the list of lands to he sold. (2.) He shall add to the amount due for rates and taxes the interest thereon to the date of the proposed sale and the proportion of expenses chargeable to each lot for advertising the same for sale, and the expenses of obtaining a proper descrip- tion thereof, so that the same may appear in the advertisement. (3.) He shall cause such list, together with an advertise- ment of sale, to be published at least thirty days previously to the day of sale, by one insertion each week in two daily news- papers published in the City. (4.) The amount of rates and taxes, interest and expenses, stated in the collector’s advertisement shall in all cases be held to be the correct amount due. C. C., s. 421. 459 . If at any time appointed for the sale no bidders ^gi° t u 0 r f n g ale appear, the collector may adjourn the sale from time to time. C. C., s. 422. 460 . (1.) If previously to the sale the rates and taxes Collector to with interest due and expenses are not paid, or if no person se pays the same at the time of sale, the collector shall sell by public auction so much of the land as is sufficient to satisfy the same. (2.) He shall sell in preference such part of the lot as he considers it best for the owner to be sold first. C. C., s. 423. 461 . (1.) Tf the collector fails at such sale to sell any Re-advertise- land for the full amount against it, he shall, at such sale, ment ' adjourn the same until a day then to be publicly named, not earlier than one week, or later than two months thereafter, of which adjourned sale he shall give notice by advertisement in subsequent issues of the newspapers in which the sale was originally advertised. 144 SALES AND LIENS On failure to pay pur- chase money land to be resold. Certificate of sale. Rights of purchaser. His liability. Application of purchase money. (2.) On such day he shall sell the lands for any sum which he can realize, and shall accept such sum in full payment of such arrears. C. C., s. 424. 462 . (1.) If the purchaser of any lot of land fails to pay forthwith to the collector the amount of the purchase money, or such smaller amount as is equal to the amount of the rates and taxes, interest and expenses, and to make provision for the payment within three days of the balance, the collector shall forthwith again put up the lot for sale. (2.) If such balance is not paid within three, days, the land shall again be advertised for sale with the like proceedings as if it had not been sold, and the expense of such re-sale shall be deducted from the amount paid on account by the first purchaser, and his balance refunded to him on demand. 0. C., s. 425. ( 5.) — Certificate of Sale. 463 . (1.) The collector shall, upon payment of any such balance, and within three days after the sale, give a certificate under his hand to the purchaser, describing the land sold, and also stating the sum for which it has been sold. (2.) The certificate shall also state that a deed conveying the same to the purchaser, or his assigns, will be executed by the mayor and collector on demand and on payment of two dollars at any time after the expiration of one year from the date of the sale, if the land is not previously redeemed. (3.) The collector shall keep a duplicate of every certifi- cate of sale, which shall be open to the inspection of any person interested in the land therein mentioned. C. C., s. 426. 464 . The purchaser shall, on receipt of the certificate of sale, become the owner of the land so far as to have all neces- sary rights of action and powers for protecting the same from spoliation or waste, until the expiration of the term during which the land may be redeemed, and may from time to time collect rents due, or to grow due, or use the property without diminishing its value, but he shall not cut down any trees there- on, or injure the premises, or knowingly suffer any other person to do so. C. C., s. 427. 465 . The purchaser shall not be liable for damage done without his knowledge to the property during the time the certificate is in force. C. C., s. 428. ( 6.) — Purchase Money. 466 . (1.) The collector shall, out of the purchase money received for each lot, deduct the amount of the arrears of rates SALES AND LIENS 145 and taxes, with the interest and expenses for which the lot is liable, as shewn by the list advertised, and also all rates and taxes assesed on or in respect to such lot for the subsequent years and due at the time of the sale, and shall pay the balance (if any) to the accountant-general of the supreme court. (2.) He shall, at the same time, furnish the accountant- general with a certificate of sale, and such balance shall be paid out and distributed as directed by a judge of the supreme court on a summary application, according to the practice used after sales of land by the court in respect to surplus proceeds in the hands of such accountant-general. C. C., s. 429. ( 7.) — Redemption. 467 . (1.) The owner of any land so sold, or his heirs, owner may executors, administrators, or assigns, or any other person having iedeem - an interest therein, or any person for the benefit of the owner, may at any time within one year from the day of sale, exclusive of that day, redeem the property sold by paying to the collector (who is hereby required to receive the payment) for the use and benefit of the purchaser, or his legal representatives, the sum paid by such purchaser, together with ten per centum thereon. (2.) The collector shall give to the person paying such redemption money a receipt, stating the sum paid and the object of the payment, and such receipt shall be evidence of the redemption. (3.) A duplicate of such receipt shall be kept in the office of the collector, open to the inspection of any person interested in the land therein mentioned. C. C., s. 430. 468 . The sum so received by the collector shall be forth- Application with paid over by him to the purchaser entitled to receive the tion money, same, or his legal representative. C. C., s. 431. 469 . From the time of the payment to the collector of the Purchaser’s full amount of such redemption money, the purchaser of the cease on land shall cease to have any further right in or to the same. P a y ment - C. C., s. 432. ( 8.)- — Deed. 470 . (1.) If the land is not redeemed within such term Deed after of one year allowed for its redemption, then on the demand of ° ne yGar ' the purchaser, or his assigns, or other legal representatives, at any time afterwards and on payment of two dollars, the collec- tor shall prepare and deliver to him, or them, a deed of such land under the seal of the City and the signature of the mayor and collector then in office. (2.) In such deed, any number of lots so sold to him, or them, may be included at his or their request. C. C., s. 433. 10 146 SALES AND LIENS Deed to be registered in 15 months. Conclusive- ness of deed. (3.) Such deed shall he in the form following, or to the like effect: — To all to whom these presents shall come, we of the , City of Halifax, esquire, mayor, and , of the same place, esquire, city collector of rates and taxes, Send greeting: — Whereas, by virtue of a warrant under the hand of the mayor and seal of the said City, bearing date the day of in the year of our Lord one thousand nine hundred and , com- manding the collector of the said City to levy upon the land herein- after mentioned for the arrears of rates and taxes due thereon, with inter- est and expenses, the collector of the said City, did, on the day of in the year of our Lord one thousand nine hun- dred and sell by auction to of the of, in the County of , that certain lot or parcel of land hereinafter mentioned, at and for the price and sum of , of lawful money of Canada, on account of the arrears of rates and taxes alleged to be due thereon up to the day of , in the year of our Lord one thousand nine hundred and together with interest and expenses. Now, know ye, that we, the said , and : as mayor and collector of the said City, in pur- suance of said sale, and of the statutes in such case made and provided, and for the consideration aforesaid, do hereby grant, bargain and sell unto the said his heirs and assigns, all that certain lot or parcel of land in the said City of Halifax, and described as follows: — (Description) . The same appearing to be the property of by deed (or will) dated , and registered at Halifax in book page , ( referring to last registered instrument) . In untness ichercof, we, the aforesaid mayor and collector of the said City, have hereunto set our hands and affixed the seal of the said City, this day of , in the year of our Lord one thousand nine hundred and A. B., Mayor (corporate seal). C. D., City Collector. Signed, sealed and delivered in the presence of C. C., ss. 433, 434. 471 . Every tax deed shall be registered in the office of the registrar of deeds at Halifax within fifteen months after the sale, otherwise the persons claiming under such sale shall not be deemed to have preserved their priority as against a pur- chaser in good faith who has registered his deed prior to the registration of such tax deed. C. C., s. 435. (9.) — Validity of Deed and Tax Presumed. 472 . (1.) Such deed shall be conclusive evidence that all the provisions with reference to — (a) the proceedings for the sale of the land mentioned in such deed, and ( b ) the assessment and rating on such land of the rates and taxes on account of which the same was sold, have been duly complied with, and that every act and thing ERRORS AND IRREGULARITIES 147 / necessary for the perfecting in law of such rate or tax, and of such sale, have been duly performed. (2.) Such deed shall have the effect of vesting the land described therein in the grantee or purchaser, his heirs and assigns, in fee simple, freed and discharged from all encum- brances whatsoever, whether registered or not. (3.) Any such deed in such form, or to the like effect, as hereinbefore set forth, purporting to be executed under the seal of the City and to be signed by the mayor and collector, shall vest in the grantee therein named, his heirs and assigns, a full absolute and indefeasible estate of inheritance in fee simple to the land therein described. (4.) Provided that if the interest in the land is that of a lessee of the City, the deed shall vest in the purchaser the estate, interest and right of the original lessee. C. C., s. 436. ERRORS AND IRREGULARITIES. 473 . Notwithstanding the rate book has been delivered to the collector, or the lapse of time, the assessors for the time being may assess and tax retrospectively any property or other subject of taxation, the assessment or taxing of which has been omitted from the general assessment by accident or error, or is invalid by reason of any error or irregularity, and may impose any tax so omitted or invalid, and upon any estate or person upon whom it ought first to have been imposed, and such rates and taxes may be collected as other rates and taxes, but any such assessment shall be subject to the like appeal to the court of tax appeals. as other assessments: — Provided that after the assessors have fixed the valuation of any property, such valua- tion shall be altered only by the court of tax appeals. C. C., s. 437. 474 . (1.) No error, informality or irregularity on the part of ‘the mayor or Council, the assessors, the court of appeal, the collector, or other civic officer, shall affect or prejudice the validity of any general or individual assessment made, or of any rate rated, or any tax imposed. (2.) The invalidity, irregularity, or the quashing, annull- ing or alteration of any assessment, rate or tax on the applica- tion of any person or company by any court shall not extend to, affect or prejudice the validity of any general assessment, rate or tax, or of any other individual assessment, rate or tax. C. C., s. 438. 475 . (1.) The non-delivery of, or failure to serve, any of the notices required by this Part shall not in any way affect or prejudice the assessment or the rate or tax, or the collection Retrospective assessment in case of error,. Assessment or rate not affected by- error or irregularity. Or by non- delivery of notices. 148 ERRORS AND IRREGULARITIES Error in person assessed. Error not to affect lien. thereof, or the lien upon, or the sale of, any property for the payment of rates or taxes, or any other proceeding to enforce payment thereof. (2.) Such assessment, rate or tax, shall be valid, notwith- standing such non-delivery or failure, and such rate or tax may be collected and enforced, notwithstanding the City fails to prove the delivery or service of any or all of such notices. C. C., s. 439. 476 . (1.) If there is an error in the name of any person assessed, rated or taxed in — (а) the books of assessment or rate books, or (б) in any of the notices issued by the assessors or by the collector, or (c) in any warrant of distraint committed to the sub- collectors or bailiffs, or in any warrant for the sale of land committed to the collector, the rate or tax assessed to such person may be collected frohn< the person intended to be rated or taxed if he is rateable or taxable, and can be identified by the assessors or collector. (2.) If the property is assessed to a person who is not liable to be assessed therefor, the rate or tax sought to be imposed on him may be, notwithstanding any lapse of time, enforced against any person who should have been assessed in respect to the said property, or his estate if he is dead, and such property may be retrospectively assessed and rated to him or his estate, and all proceedings therefor shall be amended accord- ingly, and when so amended, shall have the same, effect as if the property had been originally assessed to the person whose name has been substituted, and such rates shall be collected and paid over as other rates, provided that in any such case such person so substituted may, within fourteen days after he learns that he is sought to be made liable, assert an appeal from the assess- ment to the court of tax appeals, and if a sitting of the court cannot be held, the Council may hear and dispose of such appeal and may correct any error which has been made. C. C., s. 440. 477 . (1.) Notwithstanding any such error, informality, or irregularity, failure to serve any notice, error in name, or assessment to a wrong person, or other non-observance of the provisions of this Act in respect to any year, the rates against every lot of land as ascertained by the assessors’ valuation of such lot, and the rate struck by them for such year respectively, shall, unless the rates are paid, be deemed to constitute a valid lien under this Part against the said lot. (2.) This section shall apply to liens of every description and kind under this Part. C. C., s. 441. SUPPLExMENTAL 149 478. ( 1 .) If any person objects to any assessment, rate court may or tax affecting him, the conrt before which the investigation ^nt St assess ' takes place, or objection is made, shall not in any event annul or set aside the whole assessment, rate or tax, but may make an order reducing the amount of the assessment, rate or tax, to what in justice it ought to be, and the amount of the assessment, rate or tax, so reduced, shall be deemed valid, and shall stand confirmed, and judgment to recover the amount of any such rate or tax may be given in favor of the City in any proceeding to which the City and such person or persons are parties. (2.) Such power shall in no case be exercised by the Council. C. C., s. 442. 479. Where any real or personal property is sold for rates Lien not or taxes and the sale is set aside for any error, irregularity, or for any cause, the lien thereon shall not thereby be discharged, sale> but the said property may again be resold, unless the rates or taxes against the same are paid. C. C., s. 443. SUPPLEMENTAL. 480. Notwithstanding; anything in the preceding pro- L and of in- . J . 1-11 r or solvent may visions o± this Part, m any case m which the rates or taxes are be sold after unpaid for one year, and the person or company is insolvent;, oneyear - the collector may, in his discretion, sell the land of such person or company for such rates or taxes in the manner provided in this Part. C. C., s. 444. 481. Any mortgagee, i udgment creditor, or other person Mortgagee, . i i • , etc., may pay having any lien, charge or encumbrance upon or against any taxes, land liable to be sold for rates or taxes, or in respect to which any rates or taxes are due, may at any time after a lien for rates or taxes in respect to such land has attached under the pro- visions of this Act, pay the amount thereof, together with all interest and expenses to the collector, who shall give a receipt to him therefor, and thereupon such mortgagee, judgment creditor or other person may add the amount to his mortgage, judgment or other security, and shall have in respect thereto the same rights, remedies and privileges against such land as he has by virtue of or under the security held by him, and shall also have the right to sue for and recover as in an action for debt the amount so paid, together with interest thereon, against the person primarily liable to pay such amount. C. C., s. 445. 482. Every official of the City who is interested £ot y t °®°y als directly or indirectly in the purchase of any real or personal at tax sale, property sold for the payment of rates or taxes shall be liable to a penalty of four hundred dollars, and to forfeit his office or place. C. C., s. 446. 150 WATER RATES — GENERAL Proceedings for sale not to abate on death, etc,, of officials. Council to levy water rates. Board of Control to prepare estimates. How rated. 483 . Proceedings commenced for the sale of land for rates or taxes under the provisions of this Part may be carried on and completed, and a deed thereof executed and registered, notwithstanding the mayor or collector in office at the time of the initiation of such proceedings, or of any step therein, have been respectively succeeded in office by others, and notwith- standing any statute under which such proceedings were com- menced or carried on is repealed before the completion thereof and a deed is executed and registered. C. C., s. 447. WATER RATES. (1.) — Power to Rate. 484 . The Council shall have power to levy and assess upon the lands and premises, and the owners thereof, as hereinafter provided, for a sum not exceeding seventy-two thousand dollars per annum for the maintenance of a water supply for the City, and the other charges in respect to the same. C. C., s. 448. 485 . The Board of Control shall prepare the estimates for each year in connection with the necessary expenditure for such purposes, and such estimates shall he subject to the approval of the Council. C. C., s. 449. (2.) — General Rates. 486 . (1.) After deducting the estimated revenue to be derived from extra or special rates and taxes, and rates for water supplied through meters, for any year from the estimated expenditure for that year, the balance shall be rated by an equal dollar rate upon the following lands and premises in the City in the proportions following, namely: — 0 a ) Five-eighths of the amount required shall he rated upon the value as assessed of all lands and premises within the water pipe lines, including those within twelve hundred feet of a fire hydrant, for a fire protec- tion rate; ( b ) In addition to such fire protection rate, three- eighths of the amount required shall he rated upon the value of every building within such water pipe lines occupied as a dwelling-house and the land used in con- nection therewith, but not including land which is capable of being used for a separate building lot upon a street. (2.) No property within such water pipe lines shall be e v empt — (a) from fire protection rates or special rates, or ( b ) from domestic rates, if a dwelling-house is erected thereon, unless the same has been unoccupied for six months, and the water turned off for that time. WATER RATES — GENERAL 151 (3.) No separate and distinct dwelling-house while used as such shall be rated on a lower valuation than nine hundred dollars for fire protection and domestic purposes, nor on a higher valuation than five thousand dollars for domestic purposes only. (4.) No separate and distinct dwelling-house while occupied as such shall be rated at less than four dollars per annum for all purposes. (5.) In buildings separately occupied in flats, every separate and self-contained flat shall he deemed a distinct dwelling-house, and rated as such. (6.) Any property, although lying on the outside of the water pipe lines, shall be deemed to be within the same if it is connected therewith. C. C., s. 450. 487 . (1.) Every building containing a dwelling-house Dwelling^ ^ and shop shall be rated as a dwelling-house, if the valuation of the whole building, including the land, does not exceed two thousand five hundred dollars. (2.) If it exceeds such sum, such dwelling-house and shop shall be rated separately upon separate valuations to he fixed by the assessors at the request of the collector. C. C., s. 451. 488 . The clerk shall transmit to the collector a copy Estimates to of the water estimates as approved by the Council, and such collector. e transmission shall be deemed sufficient authority to raise the amount required by rates as herein provided. C. C., s. 452. 489 . (1.) The collector shall forthwith, after the deliv- Water assess- erv to him of the rate book for city rates, make up a book of water assessment, and when the same is completed, he shall affix his signature to such book with the date. (2.) The valuations of properties for such assessment, and the owners thereof, may be ascertained from the rate book of the assessors for the time being in force, and if it does not contain any valuation required by the provisions of this Part in respect to water rates, such valuation may be fixed by the assessors upon the request of the collector. (3.) The assessors shall, on request, furnish the collector with all of the information in their power in addition to the information afforded by the rate book, to enable the collector to make up such water assessment book. C. C., s. 453. 490 . Upon tbe basis of the valuations entered in such book Rates — how and the amount to be raised from general rates, the Board of struck - Control shall strike the fire protection rate and the rate for domestic purposes for the year. C. C., s. 454. 152 WATER RATES — SPECIAL Rates to be extended by collector. Special rates. 491 . The collector shall extend and set opposite to each property the name of the owner, as shown in the assessors’ rate book, and the water rates payable for each of such purposes. C. C., s. 455. (S.) — Special Rates. 492 . (1.) In addition to the general rates for water mentioned in the next preceding section, special and extra rates and taxes shall be levied, rated, imposed and paid as follows : — (u) On every building, establishment, premises, or other property owned or occupied by or for the Imper- ial, Dominion or Provincial Government, or by the Municipality of the County of Halifax, such rate or tax as the Board of Control from time to time deems right and equitable, but this Act shall not in any way affect the agreements now in force in relation to any such property, so long as no change is made in or about the same altering the water supply. (5) On every brewery, distillery, mill, machine shop, foundry, hotel, and every other building and establish- ment in which a large quantity of water is consumed, such rates as are from time to time fixed by the Board of Control for each building or establishment in pro- portion to the quantity of water consumed. (c) On any premises receiving a supply through a pipe of larger diameter than half an inch, or through more than one supply pipe, such additional charge over the general rate as the Board of Control from time to time deems right. Per annum. ( d ) Water closets, for one closet $ 4.00 “ each additional 2.00 ( e ) Urinals, per annum 2.00 “ each additional 1.00 (/) Each tap from which water can be drawn in any building other than a dwelling-house 50 ( g ) Fountains in shops or other buildings for 1-16 inch of jet, or less 3.00 (h) Jets from l-16th to l-8th inch 10.00 ( i ) Fittings and other fixtures not enumerated herein, to be rated by the Board of Control. (;’) Steam engines or boilers, per horse power. . 3.00 (h) Bar rooms . 10.00 ( l ) Livery stables, for each stall occupied 1.00 “ “ “ “ vacant stall 50 WATER RATES SPECIAL 153 (m) Horses, other than those in livery stables, each 1.00 (n) Cows, each 1.00 (o) For building purposes : (i) Ordinary wooden buildings, 20 cents per 1000 cubic feet. (ii) Ordinary brick or stone buildings, 30 cents per 1000 cubic feet. (iii) Wooden buildings, of the warehouse class, requiring no plastering therein, 5 cents per 1000 cubic feet. (iv) Brick or stone buildings 10 cents per 1000 cubic feet. (v) When water is used for the purpose of repairs to a building and not for the construc- tion of a new building, such rate as is from time to time fixed by the Board of Control. C. C., s. 456. 493 . The Board of Control may fix such rates as they deem right in respect to all fittings and fixtures not specially provided for. C. C., s. 457. 494 . Every owner, or holder of a lease for life, or for a renewable term, or a term exceeding five years, of a wharf within the district supplied with water, shall be rated upon a separate scale to be fixed by the Board of Control when not otherwise fixed by law. C. C., s. 458. 495 . The Board of Control may make special arrange- ments as to it seems right for supplying with water shipping in the harbor of Halifax, and fix the rates therefor. C. C., s. 459. 496 . The determination of the Board of Control in respect to any water rate under any of the preceding provisions shall be subject to the approval of the Council. C. C., s. 460 part. 497 . The special rates to be imposed shall, when ascer- tained, be entered by the collector in the water assessment book. C. C., s. 460 part. 498 . (1.) Any property may be rated for water rates, including domestic rates, subsequently to the completion of the water assessment book, for any portion of a civic year then unexpired according to the proportion which such unexpired year bears to the whole year. Unprovided cases. Wharf property. Shipping. Control of Council. Entry in water assess- ment book. Rating for part of year 154 WATER METERS Meter rates. Book for. Engineer may instal meters. And shall in certain cases. (2.) The collector, upon receiving information that any property should be so rated shall, if it is a new dwelling-house, or if he has no valuation applicable to the property as a basis for water rates or for domestic rates, require the assessors to value such property under the provisions of this Act in respect to water rates, and they shall report to him any such valuation, and upon such valuation he shall extend the rates. (3.) The collector shall, in the water assessment book, make in red ink the necessary entries in respect to any such property, with the date of such entry, and the payment of any water rates so entered may be enforced by the remedies appli- cable to water rates, but no notice of such rates need be given in the newspapers, if notice is served upon the owner in any mode provided for the service of assessment notices for City taxes. (4.) Any special or extra rates may be subsequently imposed in the like proportion and with like entries and like remedies. C. C., s. 461. (Jf.) — Water Meters. 499 . (1.) Every owner of property supplied with water through a water meter, in lieu of the rates for domestic pur- poses or special or extra rates specified in respect to such water in the preceding sections, shall in respect to such water passing through such meter, pay such rates and such annual rental upon the meter, as are from time to time fixed by the Board of Con- trol, and approved by the Council. (2.) Nothing in this section shall exempt any one from paying fire protection rates. C. C., s. 462. 500 . The collector shall keep in a book, which may be designated the meter rate- book, the rates payable by each person or company in respect to water supplied by ,meter. C. C., s. 463. 501 . The engineer may, at any time he deems proper, cause a water meter to be placed on any service pipe supplying water to any premises. C. C., s. 464. 502 . (1.) The engineer shall do so in every case in which any waste of water has not been stopped, after the owner, occu- pant, or the agent of either, has been notified of such waste, but his decision to do so shall be subject to an appeal to the Council, which may reverse or vary his decision if it is calculated to result in an injustice to such owner or occupant. (2.) For the purposes of this section, the Board of Control shall keep on hand not more than fifty, nor less than ten, water meters, to be furnished on the requisition of the engineer. WATER METERS 155 (3.) The engineer shall not, under this section, in any one year, place in all more than fifty meters on service pipes, name- ly: — twenty-five on those supplied with water from the high service system, and twenty-five on those supplied with water from the low service system. C. C., s. 465. 503 . (1.) Except as is hereinafter provided, the engineer installation shall, whenever requested by the owner of any property, place by request a water meter on any service pipe supplying water to such pro- perty, and for such purpose the Board of Control shall keep on hand a sufficient number of such meters. (2.) The engineer shall not be required to place a meter Building under the provisions of this section on any service pipe for the supply of water to be used in any building operation, and on an application for a supply of water for such purpose, the engineer shall report to the Board of Control, whether it will be more advantageous to the City to place a meter on such pipe or to require the water to be paid for at the fixed rate, and the Board of Control shall direct a meter to be placed or require the water to be paid for at such fixed rate in accordance with such report. 1909, c. 84, s. 3. 504 . Every meter shall be read monthly by a city official, Meters to be who shall leave with the owner of the property, or occupant read monthIy - thereof, or the agent of either, a record showing the amount of water consumed, or the amount consumed since the last reading, where there has been a previous reading. C. C., s. 467. 505 . If the meter, in the opinion of the Board of Control, ^ e a t ^, urate fails to register correctly the water passing through it, such Board shall determine the probable amount of water consumed, and fix an adequate charge for the same. C. C., s. 468. 506 . The occupant of the premises shall be responsible for Responsibility the care of any meter installed in respect to the same, and if ° f occupant - any person removes any meter or injures or tampers with a meter in any way, such occupant shall be liable upon summary conviction to a penalty of not less than ten dollars, nor exceeding one hundred dollars, or in default of payment, to imprisonment for a term not less than ten days nor exceeding three months. C. C., s. 469. 507 . Any one wishing to supply a meter for his own Private property may do so upon the approval of such meter by the instalIation - engineer, and the sanction in writing of the Board of Control. C. C., s. 470. Reductions in amounts charged by- meters. 156 REDUCTION OF METER RATES 508 . (1.) Subject to the conditions hereinafter pro- vided, the Board of Control may make a reduction of' the amounts charged to any person for water which has passed through a meter. (2.) No such reduction shall he allowed unless the Board of Control is of the opinion — ( a ) that the amount of water charged for was in excess of that which was fairly required by the owner or occupant of the premises in respect to which the same is charged, and ( b ) that such excess has passed through the meter by reason of unavoidable accident or otherwise, without the negligence, default or failure to use proper care and precaution on the part of the owner or occupant of such premises. (3.) Any claim for any such reduction shall be made in writing to the Board of Control, within one month after the record of water consumed for the month in respect to which the reduction is claimed has been delivered to the owner or occupant of the premises, or the agent of either, and such writ- ing shall set out fully the nature of the accident or other cause on which the claim is founded. (4.) The engineer shall investigate the matter of such claim and report in writing whether the same is well founded, and whether or not the same should be allowed, and the extent of such allowance. (5.) Upon such report the Board may — (a) refuse to allow the claim, or ( b ) recommend the allowance of it in whole or in part, and on such terms and conditions as the Board sees fit to impose. (6.) If the Board unanimously resolves not to allow the claim in whole or in part, such resolution shall be final, but if such resolution is not unanimous such resolution of the majority of the Board shall, on the application of the claimant, be referred to the Council. (7.) Any resolution of the Board recommending the allowance of any claim for reduction, in whole or in part, shall be sent by the Board to the Council. (8.) Nothing in this section shall authorize the remission in respect to any premises of the amount rated thereon for fire protection. (9.) Except as in this section provided, no reduction or allowance in respect to any water rates shall be made or given. 1909, c. 84, s. 6. COLLECTION OF WATER RATES 157 (5.) — Collection and Enforcing Payment and Lien . 509 . Water rates in respect to water supplied through a when meter meter shall become due and payable half-yearly on the first bie? s paya ’ days of April and October in every year, and accounts therefor may be rendered upon such dates, and payment of the amounts due may be enforced in like manner as other water rates. C. C., s. 471. 510 . All other water rates shall become due and payable when other half-yearly, in advance, on the first days of May and Govern- payable. s her in every year. C. C., s. 472. 511 . (1.) The collector may, at any time after water Notice to rates, other than meter rates, become due, cause a general notice ?atel a er to be inserted in any two of the newspapers published in the City, requiring all persons to pay their water rates within a period of ten days from the date of such notice, and such general notice shall be deemed as effective as a personal notice served upon each person in respect to his water rates. (2.) The collector may also render an account to each person of the amount demanded from him for water rates, but no person shall be entitled to the same before payment. C. C., s. 473. 512 . After the expiration of such ten days, if the rates How payment remain unpaid, the collector may — (a) cause the water to be turned off from the premises in respect to which the water rates are payable until the same are paid, and ( b ) take such legal proceedings for the purpose of recovering the same as in his judgment seem advisable. C. C., s. 474. 513 . (1.) He may issue a general or individual warrant warrant, of distraint for water rates against persons who have not paid the same, and may collect and enforce the same in the same way and with the like remedies as are provided for the collection of ordinary city rates or taxes. (2.) The collector’s certificate in writing that the amount claimed by the City for water rates is due from any person, and is unpaid, shall, without proof of his handwriting, be admissible in evidence against such person, and shall be prima facie evidence of such water rates being due and unpaid, and there- upon, without further proof, the City shall be entitled to judgment unless a defence to the claim is substantiated. C. C., s. 475. 158 PREVENTION OF WASTE Water rates to constitute lien on property. Water may be turned off for waste. Indemnity. 514 . (1.) All water rates, including the special and extra rates and rates for water supplied through meters, shall constitute a lien on the real property in respect to which the same are rated, imposed or payable, and upon the personal property of the owner of such real property, and shall be paid by such owner. (2.) Such lien shall attach — (a) in respect to water rates and special rates and charges upon and from the date on which they are entered in the water assessment book, and such book is completed and signed by the collector with the date, and (5) in respect to rates for water supplied through meters, from the actual date of entry in the meter rate book. (3.) Every lien for water rates shall have the same effect and priorities, and shall be enforceable in the like manner and with the same remedies and against the like persons as a lien on real or personal property for ordinary city rates or taxes created by this Act. (4.) The provisions of this Part relative to liens on real and personal property for rates and taxes, and sales under lien for rates and taxes, and to errors and irregularities therein, shall, except as in this section varied, also apply to water rates and charges. C. C., s. 476. (6.) — Prevention of Waste or Improper Use of Water. 515 . (1.) The engineer may cause the water to be turned off from any property where the owner, or agent of the owner, or occupant, or consumer of water is, in his opinion, violating any of the rules or regulations in respect to the use of water, or is allowing the water to run to waste. (2.) Such person shall pay a fine of one dollar for the first offence, to be paid to the clerk of works before the water is turned on, and a fine of two dollars for a second offence, before it is again turned on. (3.) For a third offence it shall not be turned on until such person takes such steps to prevent future violations of such rules or regulations, or waste of water, as are necessary in the opinion of the engineer. (4.) Fines paid under this section shall be forthwith paid to the clerk of works. C. C., s. 477. 516 . Neither the City, nor any official of the City, shall be liable for any loss or damage which results from the water having been turned off, whether under the provisions of PREVENTION OF WASTE 159 the. next preceding section or for the non-payment of rates. C. C., s. 478 part, 517. No reduction in the rates shall be made or allowed no reduction on account of the water having been turned olf. C. C., s. 47g ofrates - part, 518. (1.) Any official of the City shall have the right to Right of enter into any house, building or premises in the City, and enter a prem- every part of such house, building or premises in which he ises> sppposes there are any water pipes or fittings, between the hours of eight o’clock, a. m., and six o’clock p. m., and to remain there for such reasonable length of time as is necessary for the purpose — (a) of ascertaining the number or state of the water fittings or pipes, or (5) for fixing, examining or reading any water meter, or (c) to ascertain if the water is unlawfully taken or used. (2.) Every person who — (a) after two hours’ notice of the intention of such official to enter any house, building or premises, pre- vents his entry into any such house, building or premises, or any part thereof, in which he supposes there are water pipes or fittings, or ( b ) at any time interferes with such official in the discharge of his duty, shall be liable to a penalty of not less than five dollars, nor exceeding twenty dollars, and the engineer may, in addition, cause the water to be turned off from the premises of such offender. C. C., s. 479. 519. Every person, unless he is authorized so to do by interference the Board of Control or an officer of the fire department, who o^pipes.^^ draws water from, opens, closes, cuts, breaks, or in any way injures or interferes with any fire hydrant, water main or water pipe, shall be liable to a penalty of not less than ten dollars nor exceeding one hundred dollars. C. C., s. 480. 520. (1.) E very new water pipe or fixture, and every Prevention extension, alteration or addition to any old pipe or fixture, shall £y f- 0 st y be placed and kept as far as practicable from any external wall, and so placed as not to be exposed to or liable to be affected by the action of frost, or other injury, and so placed that no waste of water is liable to occur without being easily detected. (2.) They shall be thoroughly protected from the action of the frost and to the satisfaction of the engineer, other- 160 DISPUTES, CONTRACTS, ETC. Defective plumbing. Disputes — how settled. Determina- tion of special contracts. Annual re- port on water service. wise the water from the City pipes shall not be allowed on the premises. C. C., s. 481. 521 . Whenever any water pipe, fitting or fixture in, on, or about any house, building or premises, is — (a) in a bad condition, or (&) in a position exposed to or liable to be affected by the action of frost, or other injury, or where a waste of water is liable to occur, or (c) is insufficiently protected from the action of frost, the engineer may turn the water off such premises until such pipe, fitting or fixture is placed in a condition or position satisfactory to the engineer. C. C., s. 482. (7.) — Disputes. 522 . If any dispute arises respecting the classification of any building, establishment or premises, or respecting the rate to be paid by any property owner, agent, tenant or consumer, the dispute shall be decided by the Board of Control, but if the decision is not unanimous the same shall be referred to the Council on the application of the person so disputing. C. C., s. 483. (8.) — Termination of Contracts. 523 . Where water is supplied to the premises of any person, firm or corporation, other than for domestic purposes, whether under any private contract or agreement with the City, or otherwise, the Council may, on the recommendation of the Board of Control, — ( a ) if there is a contract or agreement, determine and put an end to such contract or agreement at any time under the terms thereof, or ( b ) if there is none, then after one month’s notice of its intention to the owner, agent, or occupant of the premises, by leaving a notice in writing upon such premises of such intention, after the expiration of the term mentioned in the notice, cause the water to be turned off from such premises. C. C., s. 484. ( 9.) — Report. 524 . (1.) The Board of Control shall annually submit to the Council a statement made up to the thirtieth day of April, showing — ( a ) the names of persons and corporations with whom special agreements have been made, and the amount paid by each; (b) the actual cost of maintenance for the year, specify- ing the amount paid for salaries, labor and materials. LICENSES — AUCTIONEERS 161 (2.) Every such statement shall he printed in the annual report of the civic government of Halifax. C. C., s. 485. ( 10.) — Regulations. 525 . (1.) The Board of Control, from time to time Boardof by-law to be approved by the Council, may — control. {a) prescribe rates payable in respect to water other than the rates controlled by the statute; (&) make regulations in respect to the mode of impos- ing, collecting, or enforcing payment of water rates ; (c) make such regulations as are calculated in its judgment to prevent waste of water, or fraud in respect to its consumption, and ( d ) alter such regulations and prescribe penalties for the violation thereof. (2.) It may from time to time issue instructions in con- formity with law for the guidance of water consumers. (3.) Every ordinance, by-law, regulation or rule in respect to any of such matters, and any rate purporting to be in force at the time of the coming into force of this Act, except in so far as they are amended by this Act, or ordinances coming into force therewith, are hereby confirmed. C. C., s. 486. PART VII. LICENSES. AUCTIONEERS. 526 . (1.) Ho person shall carry on business as an Auctioneers, auctioneer without having first obtained a license therefor, which shall be granted by the Council and signed by the mayor and clerk, and issued by the clerk, and shall be in force until the 30th day of April next succeeding the day on which it is issued, and no longer. (2.) The fee for such license shall be eighty dollars. (3.) Every person who carries on business as an auctioneer without having obtained such license, shall, for every day on which such business is carried on, be liable to a penalty not exceeding fifty dollars, and in default of payment, to imprison- ment for a period not exceeding one month. (4.) Nothing in this section shall apply to any sheriff, bailiff, or other officer of the law. selling under legal process. C. C., s. 487. 11 * 162 PAWN BROKERS AND JUNK DEALERS Pawnbrokers and junk dealers. License fee for pawn- brokers. License fee for junk dealers. Junk dealer to do busi- ness at defin- ite place. Separate license for each place. Place to be specified. Name to be on door. Books to be kept. Council may make ordin- ances. PAWN BROKERS AND JUNK DEALERS. 527 . No person shall do business as a pawn broker or as a dealer in junk, second-band marine stores, rags or bones, (hereinafter, or in any ordinance made hereunder, referred to as a junk dealer), without having first taken out a license therefor, which shall be granted by the Council and signed by the mayor and clerk, and issued by the clerk, and shall be in force until the 30th day of April next succeeding the day on which it is issued, and no longer. C. C., s. 488. 528 . The fee payable for a license to do business as a pawn broker shall be one hundred dollars. C. C., s. 489. 529 . The fee payable for a license to do business as a junk dealer shall be one hundred dollars, and ten dollars for each boat or vessel employed in connection therewith. C. C., s. 490. 1907, c. 69, s. 13. 530 . Every junk dealer shall do business at some place within the City, and the place at which he proposes so to do business shall be specified in the license. C. C., s. 491. 531 . A separate license shall be required for every place at which it is proposed to carry on the business of a pawn broker or junk dealer. C. C., s. 492. 532 . Every license to do business as a pawn broker or as a junk dealer shall specify the place at which such business shall be carried on. C. C., s. 493. 533 . Every place in which business is carried on as a pawn broker or as a junk dealer shall have the name of the licensee painted in legible characters over the door of the same, and upon both sides of any boat or vessel used in connection with such business. C. C., s. 494. 534 . Every person holding a license to carry on business as a pawn broker or as a junk dealer shall keep at each place in which such business is carried on, a suitable book, or books, in which shall be entered every article brought to such place for pledge or sale, with a description, as near as may be, of such article, and of the person bringing it; and such book or books shall at all times be open to the inspection of any person wish- ing to inspect the same. C. C., s. 495. 535 . The Council may, by ordinance, regulate the manner in which the business of a pawn broker or a junk dealer may be carried on. C. C., s. 496. CLOTHES DEALERS FROM ABROAD — GIFT ENTERPRISES 163 536 . Every person who contravenes or fails to comply with Penalty, any of the foregoing provisions in respect to pawn brokers or junk dealers, or of any ordinance made by the Council in respect thereto, shall, for every such offence, he liable to a penalty not exceeding fifty dollars, and in default of payment, to imprisonment for a period not exceeding one month. C. C., s. 497. CLOTHES DEALERS FROM ABROAD. 537 . (1.) No person, firm or. corporation residing, or ^5e?s S from having its principal place of business, outside of the province, abroad. or the principal part of whose business is carried on outside of the province, shall in, the City, — ( a ) solicit any order, or (&) take any measurement, or (c) enter into any agreement, for the furnishing or supplying of clothes, garments or any articles usually supplied by merchant tailors, and no agent of any such person, firm or corporation, shall in the City, solicit any order, take any measurement, or enter into any agreement for the supplying or furnishing of any such clothes, garments or articles, without first taking out a license therefor. (2.) The license required by this section shall he signed by the mayor and clerk, and issued by the clerk, and shall expire on the 30th day of April next after the date of the issue thereof, and the fee for such license shall be one hundred dollars. (3.) In any information or complaint for a violation of this section, it shall not be necessary for the prosecutor or complainant to prove any allegation of non-residence contained in such information or complaint, hut the burden of proof shall he on the defendant to disprove such allegation of non-residence. (4.) Every person, firm or corporation who contravenes, or fails to comply with any of the provisions of this section, shall for each offence be liable to a penalty not exceeding one hundred dollars, and in default of payment, to imprisonment for a term not exceeding thirty days. (5.) This section shall not apply to any person, firm or corporation who or which is the owner of real or personal property within the City of the value of six thousand dollars over and above all encumbrances thereon, and is assessed in respect of such property for city rates and taxes for the current civic year. C. C., s. 498. GIFT ENTERPRISES. 538 . (1.) E very person who, without first taking out a Gift enter- license therefor, prises. ( a ) for the purpose of gain, disposes, or offers to dis- pose, of any goods or property by way of gift enter- 164 PATENT MEDICINE DEALERS NON-RESIDENT CONTRACTORS Patent medi- cine dealers. Non-resident building con- tractors. prise, or gift or disposal, such gift or disposal depend- ing on chance or guess, or on any other thing than a fair or legitimate consideration from the receiver, or ( b ) advertises to dispose of goods or property on any such terms, or canvasses or induces persons to patronize him on any such terms, shall he liable to a penalty not exceeding one hundred dollars, and in default of payment, to imprisonment for a term not exceeding six months. (2.) The fee for any such license shall he six hundred dollars. (3.) Nothing in this section contained shall be construed to permit the granting of a license to do anything contravening the statutes of Canada in respect to the criminal law, or which is unlawful. C. C., s. 499. PATENT MEDICINE DEALERS. 539 . (1.) No person or company residing, or doing business, outside of the province, unless assessed in respect to property not less than three thousand dollars, shall, on his own account, and no agent on behalf of any such person or company, shall, — (a) offer for sale on any street, or other public place, medicine of any description, or give, or offer to give, any medicine along with any book or other thing then sold by him, or (b) solicit orders for the sale of medicine, without having first taken out a license in that behalf. (2.) The fee payable for such license shall be two hundred dollars. (3.) Every person who contravenes or fails to comply with the provisions of this section shall, for every such offence, be liable to a penalty not exceeding eighty dollars, and in default of payment, to imprisonment for a period not exceeding sixty days. (4.) Nothing in this section shall apply to bona fide com- mercial travellers selling for the purpose of re-sale. C. 0., s. 500. NON-RESIDENT BUILDING CONTRACTORS 540 . (1.) Every person, firm or company not a resi- dent in the province, who enters into any contract for the con- struction or alteration of any building in the City shall, before beginning any work under such contract, pay to the City a license fee equal in amount to one-half of one per cent of the PETTY TRADES 165 total sum payable under such contract, provided, however, that the provisions of this section shall not apply to any such person, firm or company which at the time of entering into any such contract is assessed for purposes of taxation by the City in the sum of five thousand dollars or upwards. (2.) Every person, firm or company who contravenes or fails to comply with the provisions of this section, and the agent, foreman or other person in charge of the work on any such contract in behalf of any such person, firm or company, shall be liable to a penalty not exceeding double the amount of said license fee so payable, and in default of payment, to imprisonment for a period not exceeding thirty days, and in addition thereto, the amount of such license fee may be recov- ered by action in the name of the City, and in any such action against any person, firm or company out of the province service of the writ of summons or other process upon any such agent or foreman shall be good and sufficient service upon such person, firm or company. 1913, c. 69, s. 13. PETTY TRADES. 541 . (1 .) No person shall carry on business as a hawker, Hawkers and peddler, petty-chapman, or other petty tradesman, or by going traders? Uy about from place to place on foot, or with any animal bearing or drawing any goods for sale, without having first taken out a license therefor. (2.) Nothing in this section shall apply to — (a) any person bringing into the City milk, vegetables, fruit, or other products of his own farm or garden or forest for sale, or selling or offering' to sell the same at the green market (so called) or in any other part of the City. (b) any fisherman bringing into the City fish caught by himself for sale, or selling or offering to sell the same, or ( c ) any person assessed in respect to personal property, (i) in a sum not less than one thousand dollars if the fee for the license required by law exceeds ten dollars ; and (ii) in a sum not less than six hundred dollars if the fee for the license required by law does not exceed ten dollars. (3.) In any prosecution instituted under this section the burden of proving an exemption under the clause marked (a) shall be on the person accused. 1908, c. 75, s. 4, 166 ICE DEALERS — PUBLIC ENTERTAINMENTS Selling from vessels. Ice dealers. Public enter- tainments. SALES FROM VESSELS. 542 . (1.) No person shall sell, or offer to sell, from any vessel, any farm produce or other cargo, or part of a cargo, without having first taken out a license authorizing such sale. (2.) The fee payable for any such license shall he fifteen dollars for every vessel not exceeding twenty-five tons measure- ment and a further sum of five dollars for every additional twenty-five tons, or fraction thereof. (3.) Every such license shall expire on the disposal of the cargo in respect to which it is issued. (4.) Every person who sells any such cargo without hav- ing first taken out a license authorizing the same, shall, for every such offence, be liable to a penalty not exceeding one hundred dollars. (5.) Nothing in this section shall apply to the consignee of any cargo of such farm produce, provided such consignee is a ratepayer in the City assessed in respect to real property used for the purposes of his business of the value of not less than three thousand dollars, or is the bona fide yearly tenant of real property so used, assessed for not less than that amount. C. C., s. 503. ICE DEALERS. 543 . (1.) No person shall sell or deliver ice without having first taken out a license therefor. (2.) The fee payable for such license shall be thirty dollars. (3.) Every person who contravenes this section shall he liable to a penalty not exceeding fifty dollars, and in default of payment, to imprisonment for a period not exceeding one month. C. C., s. 504. PUBLIC ENTERTAINMENTS. 544 . The Council may make ordinances in respect to theatrical or musical entertainments, lectures, circuses, and other public entertainments, or exhibitions of every description to which admission is obtained on payment of money, or at which money is charged for participation in any exhibition or other entertainment, and the performance of street music or other entertainments or exhibitions on the streets, to fix the license fee to be paid for each class of entertainment or exhibi- tion respectively, and to regulate the manner in which such entertainment or exhibition shall be conducted. C. C., s. 505. 1909, c. 84, s. 2. BILLIARD ROOMS — BILL POSTERS 167 BILLIARD ROOMS AND BOWLING ALLEYS. 545 . (1.) No person shall carry on business in the City Bnuard rooms as a keeper of a public billiard room or bowling alley, without aneys° w 1 having first taken out a license therefor. (2.) Every such license shall be signed by the mayor and clerk, and issued by the clerk, and shall be in force until the thirtieth day of April next succeeding the date when the same is issued, and no longer. (3.) The Council may make ordinances for the regulation of such billiard rooms and bowling alleys, and prescribe the fees to be paid for the licenses therefor. (4..) Until the Council by ordinance otherwise deter- mines, the fees to be paid for such licenses shall be the follow- ing:— For a billiard room with one billard table or pool table only $25 00 For each additional table 5 00 For each bowling alley 10 00 C. C., s. 506. CHIMNEY SWEEPS. 546 . (1.) No person shall carry on the business of a Chimney chimney sweep without having first taken out a license therefor. sweeps - (2.) The Council may by ordinance fix the fee to be paid for a license to do business as a chimney sweep, and the rates to be charged by a chimney sweep, and the manner in which the business shall be conducted. (3.) Every person who carries on business as a chimney sweep without having taken out such license shall, for every day on which such business is carried on, be liable to a penalty not exceeding ten dollars, and in default of payment, to impri- sonment for a period not exceeding ten days. C. C., s. 507. BILL POSTERS. 547 . (1.) N o person shall post any bills or placards who Bill posters, has not first taken out a license to carry on business as a bill poster. (2.) No person shall erect, maintain or make use of any bill board, hoarding, fence, building, wall, frame or construc- tion of wood, metal or other material for the display of adver- tising matter, bills or placards, whether on his own property or the property of other persons, who has not obtained a permit for the erection, maintenance and use thereof. (3.) The Council may by ordinance, regulate the manner in which the business of a bill poster shall be conducted, the 168 GENERAL PROVISIONS Dogs. How licenses issued. Each day separate offence. Burden of proof. Hacks and trucks de- fined. erection, maintenance and use of such bill boards, boardings, fences, building walls, frames and other constructions of wood, metal or other material, for the display of advertising matter, hills or placards, and the fees to be paid for such licenses or permits. 1912, c. 82, s. 6. DOGS. 548 . (1.) No person shall keep a dog without having first taken out a license therefor. (2.) The Council may, by ordinance, fix the fee payable for a dog license, and regulate the keeping of dogs, including the capture and impounding of vagrant or stray dogs, whether licensed or unlicensed, and the sale, killing, or other disposal of the same. C. C., s. 508. GENERAL. 549 . (1.) Except where it is otherwise provided, every license mentioned in this Part shall be granted by the mayor, and signed by the mayor and clerk, and issued by the clerk, and shall be in force until the 30th day of April next succeed- ing the day on which it is issued, and no longer, and no license shall he granted for any shorter period. (2.) Every day during which any contravention or failure to comply with any requirement of this Part, or of any ordin- ance or by-law made thereunder, continues, shall constitute a fresh offence. (3.) In any action, prosecution, or other proceeding in respect to any such contravention or failure, it shall not be necessary for the City, or other plaintiff or prosecutor, to prove that the defendant or person accused does not hold a license, but the burden of proving the holding of a license shall be upon such defendant or person accused. (4.) In any action, prosecution, or other proceeding against the holder of any license mentioned in this Part for any contravention or failure to comply with any law or ordin- ance, or of any term or condition of his license, the production of a statement in writing purporting to be signed by the clerk or assistant clerk that the defendant or person charged is the holder of a license of the nature therein stated, shall be evidence of the holding of such license by such person. C. C., s. 509. HACKS AND TRUCKS. 550 . In the sections of this Part of this Act relating to hacks and trucks, and in any ordinance or by-law made there- under, — (a) the expression “hack” includes every vehicle of any description whatever for the conveyance of passengers for hire, other than a tram car, HACKS AND TRUCKS 169 ( b ) the expression “truck” includes every vehicle of any description whatever for the conveyance or trans- portation of goods, or other material whatsoever, for hire. C. C., s. 510. 551 . The regulation and control of hacks and trucks shall Board of he vested in the Board of Control. C. C., s. 511. Control to regulate. 552 . It shall he the duty of the Board to enforce the Board to provisions of this Act relating to hacks and trucks, or of any \auJns . regu ' ordinance of the City relating thereto. C. C., s. 512. 553 . (1.) ]STo person shall ply for hire with any hack or License truck, or drive any such hack or truck, without first obtaining a license therefor. (2.) Every such license shall he granted by the Board and shall he signed by the mayor and the clerk. C. C., s. 513. 554 . Every such license shall he for the term of one year, Term of or part of a year, only , ending on the 30th day of April. C., s. 514. C. license. 555 . The Board may, for any violation of the provisions Cancellation of this Act relating to hacks and trucks, or of any ordinance ° r suspension - relating thereto, or other misconduct, cancel any license suspend the same for any period. C. C., s. 515. or 556 . The Board may license as many hacks and trucks as Number may it deems proper and requisite. O. C., s. 516. be limited. 557 . The Board shall appoint places as stands for hacks stands, and trucks, and may designate at which of such places any hack or truck shall stand. C. C., s. 517. 558 . The owner or driver of any hack hired within the Engagement City to carry any person beyond the limits of the City, shall beyond 1 cfty. be subject to the provisions of this Part of this Act, and of any ordinance made by the Council in respect to hacks, in the same way and to the same extent as though the hack had been hired to convey such person to a point within the limits of the City, provided that nothing herein contained shall prevent any licensed hackman making a contract as to the amount of his charge for the carriage of passengers from any part of the City to a point without the City limits. C. C., s. 518. 170 HACKS AND TRUCKS Ordinances. Penalties. 559 . The Council, on the recommendation of the Board of Control, may from time to time make ordinances regulating — (i a ) the forms of hack licenses and truck licenses, the conditions on which they may be granted, cancelled or suspended, and the security to he given by licensees for their compliance with the law; ( b ) the fares or rates to be charged for the use of hacks or trucks; (c) the numbering of hacks and trucks, and the placing of names thereon; ( d ) the kind or description of hacks and trucks to be used for various purposes; ( e ) the qualifications of drivers of hacks and trucks, and the licensing thereof; (/) the speed at which hacks or trucks may be driven, and the prevention of noise* therefrom; (g) the condition, as to good order and cleanliness, in which hacks and trucks shall be kept, and the inspec- tion thereof; ( h ) generally, any other matter or thing in the judg- ment of the Council requisite for the good order and proper control of hacks and trucks, and the protection or convenience of the public. C. CL, s. 519. 560 . (1.) Every person who — (a) plies for hire with any hack or truck, or drives any such hack or truck, without having first obtained a license therefor, or (&) contravenes any of the foregoing provisions relating to hacks and trucks, or of any ordinance made in respect thereto, shall, for each such offence, be liable to a penalty not exceeding ten dollars, and in default of payment, to imprisonment for a period not exceeding ten days. (2.) Every day during which any such contravention continues shall be deemed a fresh offence. C. C., s. 520. PROPERTY AND WORKS 171 PART VIII. CITY PROPERTY AND WORKS. 561. (l .) The property and works of the City as here- ^dworks of inafter specified shall be under the charge and management of city.to be the Board of Control. o?conuoi. r(1 (2.) Such property and works shall comprise: — (a) The real and personal property of the City, except any part thereof the management of which is by this Act vested in any other board or committee, including the maintenance and repair thereof, and the super- vision of all such property under the direction of the Board shall be exercised by the engineer; (b) The water works, and all work and business con- nected with the water department, except the collection of the water rates; (c) The streets and all work connected therewith; ( d ) The construction, repair, and maintenance of the public sewers. C. C., s. 522. B. C., s. 15. 562. The Board shall submit annually to the Council an Annual esti- estimate of the moneys proposed to be expended by the Board Board' in respect to city property and works in the coming year, and the amount approved by the Council shall be placed in the appropriations for that year. C. C., s. 524. 563. (1.) The Board may enter into any contract Board may involving an expenditure not exceeding five hundred dollars $500 anVjfay without submitting the same for approval to the Council, but salanes ’ etc * all expenditures under any such contract so entered into shall be subject to supervision and audit in the same manner as other expenditures. (2.) The Board may direct the payment of the salaries and wages of the employees and workmen engaged upon any work properly undertaken by the Board out of any money at the disposal of the Board without first submitting the same to the Council. C. C., s. 525. 564. The Board shall report to the Council once a month, by or oftener if required by the Council, on all work being carried on by the City. B. C., s. 14 (c). CITY ENGINEER. 565. The person appointed as city engineer in the manner city hereinbefore provided shall be a civil engineer of not less than En s meer - seven years standing. He shall be paid a salary of three thou- 172 THE STREETS Duties. Assistant Engineer. Ownership of streets. Opening new streets. Sale of land on re-loca- tion of street. Sixty feet width re- quired. sand dollars yearly, and shall perform such duties as are pre- scribed by this Act, or by the Council, or Board of Control. C. C., s. 526. 566 . The engineer shall he responsible for the mode and manner of constructing any public work of the City, or any work ordered by the Council, and of bringing the same to a successful completion. C. C., s. 527. 567 . The person appointed assistant city engineer as hereinbefore provided shall, at the time of his appointment, be a civi,l engineer in good standing, and shall be paid such salary as the Council on the recommendation of the Board of Control determines, and shall assist the engineeer in the performance of his duties, and if the engineer is absent or unable to act he shall act in his place. C. C., s. 528. THE STREETS. 568 . Notwithstanding any enactment of the province, the legal title to, and the soil and freehold of, every street now open which has been ( a ) dedicated or conveyed to the City and accepted by resolution of the Council; or (5) laid out under any enactment relating to the City; and of every street which hereafter is so dedicated or conveyed and accepted or is so laid out, and of no other, shall be vested in the City. C. C., s. 529. 569 . The Council, on the recommendation of the Board of Control, may at any time lay out and open any new street, and may widen, straighten, extend or otherwise alter, any existing street, and for that purpose may remove the whole, or any portion, of any building, wall or fence, and may expropriate any land required. C. C. s. 530. 570 . The Council may, on such recommendation, at any time in connection with the re-location of any street which has been accepted by the City or dedicated as a street, dispose of by sale or exchange any part of such street which after such location will no longer form part of the street, and any moneys received from the sale of any such land shall form part of the street appropriation for the year in which they are received. 1910, c. 47, s. 7. 571 . No street shall be accepted by the City, or laid out under any enactment, the width of which is less than sixty feet. C. C., s. 531. THE STREETS 173 572 . The City may maintain the right of way acquired Yale- Yukon from John A. Meagher and William Branch from Yale Street to Yukon Street out of the appropriation for streets. 1913, c. 69, s. 12. 573 . The Board of Conti ol shall, so far as the funds at ^ a i£Ss nce its disposal will permit, keep clean and in good order and repair, every street the legal title to which is vested in the City, and no other, and the cost of so doing shall he defrayed out of the general revenue of the City. C. C., s. 532. 574 . The engineer shall, on or before the tenth day Estimate of December in each year, report to the Board his estimate of the amount of money required for repairs to the streets. C. C., s. 533. 575 . The Board may at any time raise or lower the level Altering of any street, and no action shall be maintained against the City, its officers, or contractors, for any injury thereby occasioned to any property. C. C., s. 534. 576 . The Board may, whenever it is necessary, in con- nection with the work on any street, temporarily close the same, temporarily. C. C., s. 535. 577 . The Board may use on any street one or more steam steam roller, rollers. C. C., s. 536. 578 . (1.) The Board shall remove all incumbrances Encroach- from the streets, and shall prevent any obstruction or encroach- ment rentals - ment thereon. (2.) If, in the opinion of the Board, any obstruction or encroachment does not occasion any unreasonable inconvenience to the public, the Board may permit the same to continue on such terms as the Board approves, which may include an under- taking or security that the obstruction or encroachment shall not be rebuilt or repaired, and shall be removed whenever the Board so requires, and the payment to the City during its con- tinuance of a reasonable annual rent. (3.) The Board may permit the owner of any premises to have a hatchway or other opening in the street in front of such premises, on such terms and conditions as the Board deems fit, one of which conditions may be the payment to the City of a reasonable annual rent. (4.) Any rent payable under this section may be added to and collected along with the annual rates and taxes rated upon the premises with which any such obstruction, encroachment, 174 THE STREETS Permits to open street. Discharge of water prohibited. Leave must be obtained before build- ing. Prohibition. or hatchway is connected, in the same manner and with the same remedies as a tax upon personal property, and may also at the option of the City be collected by action in the name of the City. C. C., s. 537. 579 . (1.) No person shall break or open the soil of any street for any purpose without first obtaining a written permit from the engineer, which may he granted on such terms and conditions as the engineer deems proper under the circum- stances. (2.) Every person who — (a) breaks or opens the soil of any street without such permit, or (&) fails to comply with any term or condition of any such permit, shall, for each offence, be liable to a penalty not exceeding fifty dollars, and in default of payment, to imprisonment for a term not exceeding one month. C. C., s. 538. 580 . (1.) No owner of any building or premis>es shall permit water to be discharged, or to escape or percolate there- from, upon, or through any street, otherwise than by a properly constructed underground drain or conduit discharging into a public sewer. (2.) Every person who contravenes or fails to comply with this section shall he liable to a penalty not exceeding fifty dol- lars, and in default of payment, to imprisonment for a period not exceeding one month. C. C., s. 539. 581 . (1.) Any person proposing to erect any building or structure, or to make an addition to any existing building or structure, close to the line of any street, shall, before beginning the same, or digging any foundation therefor, apply to the Board of Control to have the line of the- street at that place determined by the engineer, and the engineer shall lay out and determine such line and give a certificate defining the same to the applicant. (2.) Any such building, structure or addition, or founda- tion, shall be deemed to be close to the line of the street if it is uncertain, until the line of the street has been determined, whether the same will or will not be an encroachment on the street. C. C., s. 540. 582 . (1.) No person — ( a ) shall begin to erect any such building, structure or addition, or to dig a foundation therefor, close to the line of any street, without first obtaining such certifi- cate, or THE STREETS 175 ( b ) after obtaining snch certificate, shall erect, or begin to erect, any such building, structure or addition, or to dig any foundation beyond the line of the street as defined in such certificate. (2.) It shall be the duty of the engineer immediately to report any violation of this section to the solicitor, who shall forthwith take proceedings by action in the name of the City against such person in respect to such violation. C. C., s. 541. 583 . (1.) In any such action, the court or a judge may, Powers of in addition to any other relief, direct that any building, struc- ture or addition, or any part thereof, shall be removed or destroyed by the person erecting the same within a specified time, and that in default of so doing the engineer may remove or destroy the same at the expense of such person, and may direct any party to the action to pay costs to any other, and that execution may be issued for such costs and for any such expenses of removal. (2.) For any of such purposes, any process or procedure of the court available may be used. C. C., s. 542. 584 . If the court or judge is of opinion that the building, costs, structure or addition, although not encroaching on the street, is close to the same, and that the same was erected without application to have the line of the street determined, and that there was reasonable ground for the institution of the action, the court or judge may direct that the costs of the proceedings shall be paid by the person erecting such building, structure or addition, although no order is made for the removal of the same. C. C., s. 543. 585 . The line of the street may, in any action, be proved ^owpVo^edT by the certificate of the engineer, whether given at the instance of the applicant or of the City, and such certificate shall be conclusive evidence that the line therein mentioned is the true line of the street at that place. C. C., s. 544. 586 . The Council may, at any time, by resolution, direct Council may the owner of any building or structure at any time heretofore movai of’en- erected, any part of which, or any step, veranda, portico or croachl P ent * other projection therefrom at any time heretofore erected, encroaches on any street, to remove the same, and on his failure so to do, may compel such removal by action, and in any such action the length of time during which such encroachment has continued shall not be any defence. C. C., s. 545. 587 . (1.) If any such building or structure, or any such Enc ™ ach - • • 7 . • nii ’ ^ ments not to projection so encroaching, is pulled down or destroyed by fire, be renewed. 176 THE STREETS Ornamental lighting — permit for. Building lines. Certain building lines confirmed. or otherwise removed, the same shall not be rebuilt so as to continue such encroachment. (2.) In the case of any threatened violation of this section, the engineer shall at once report the same to the solicitor, who shall forthwith institute proceedings in the name of the City in respect to such violation. C. C., s. 546. 588 . The Board of Control may on the recommendation of the engineer grant a permit to any person for the placing on any street of a suitable post or other fixture for the purpose of ornamental lighting. Any such permit may be upon such terms and conditions, including payment of a rental, as the Board of Control deems fit, and may be revoked at any time without notice. 1913, c. 69, s. 15. 589 . (1.) In the case of any street — ( a ) which is hereafter opened and accepted by the City, or ( b ) which although heretofore opened is not accepted by the City until after the passing of this Act, or (c) on whicfi, although heretofore opened and accepted, no building has been erected, the Council, on the recommendation of the Board of Control, may establish a building line beyond which no building or structure of any description shall be built or placed. (2.) If any person contravenes, or attempts to contra- vene, the requirements of this section, the engineer shall at once report the same to the solicitor, who shall forthwith take pro- ceedings by action in the name of the City to restrain the same. C. C., s. 547. 590 . (1.) On the following streets there shall be build- ing lines as set out in this section, that is to say: — Quinpool Road — North and east sides, between Elm street and Chebucto Boad, a line distant thirty feet north- wardly and eastwardly from the north and east sides of Quinpool Boad. Quinpool Road — South side, between Elm street and the west boundary of Sir Charles Tupper’s property, “Armdale,” a line distant thirty feet south from the southern side of Quinpool Boad. Oxford Street — West side between Quinpool Boad and Oakland street, a line distant twenty-five feet west- wardly from the western line of the street. North Street — South side between Windsor Street and Oxford Street, a line distant fifteen feet from the southern line of the street. OFFICIAL PLAN 177 (2.) No person shall build or place any building or structure or any portion thereof on any property fronting on the said sides of the said streets between the building lines so established and the lines of the said streets. 1910, c. 47, s. 12. 1911, c. 38, s. 5. OFFICIAL PLAN. 591 . (1.) The Council shall cause to be prepared, under official plan the supervision of the engineer, an official plan of the City, ^h^. atto upon which shall be shewn — (&) the lines of every existing street which has at any time heretofore been dedicated or conveyed to the City and accepted by resolution of the Council, or laid out under the authority of any enactment; ( b ) the lines of every other street which has been opened and used by the public but has not been accepted by the City; and ( c ) the lines of any projected extension or alteration of any such street, or of any projected new street, approved by the engineer. (2.) For the purpose of making such plan, the engineer or any assistant or employee may enter upon any private pro- perty in the day time. C. C., s. 549. 592 . Every such new street, and every such alteration or New streets extension of any existing street, shall be laid out on such plan ~ dimensions of such extent and dimensions as the engineer determines; but no new street shall be laid out — (а) the width of which is less than sixty feet, or (б) which does not terminate at both extremities either on another street or at tidal water. C. C., s. 550. 593 . On any such plan any property of the City shall be city proper- shewn. C. C i, s. 551. shewn. 594 . (1.) When the plan or any portion thereof has confirmation been completed, the same shall be submitted to the Council for of plan ‘ confirmation. {2.) Public notice of the completion of such plan or portion thereof (and in case of a portion, specifying what por- tion), and of the date of the meeting of the Council at which it is proposed to confirm the same, shall be given by publication in at least two newspapers, published in the City, for not less than four weeks previous to the date appointed for the meeting. The notice shall also state that the plan may be inspected by any citizen at the office of the engineer at any time during 12 178 OFFICIAL PLAN Plan to be deposited. Monuments of street lines to be set up. New streets after con- firmation to be shewn. Confirmed plan to be conclusive. Streets not shewn on plan not to be opened. office hours up to the date so fixed, and that any citizen may attend at the meeting and be heard. (3.) At such meeting, or if no quorum attends, at the next meeting, or at any other meeting to which the hearing of the matter is adjourned, the Council shall hear any objection to the plan, and may either confirm the same or alter or amend it in any particular. (4.) In any provision of this Act relating to such official plan, the expression “plan” shall include any such portion thereof, and the expressions “confirmation” and “confirmed” shall respectively include “alteration or amendment” and “altered or amended.” C. C., s. 552. 595. (1.) Upon the completion and confirmation of such plan, the same, certified by the engineer, shall be deposited in his own office, and a copy, so certified, in the registry of deeds for the County of Halifax. (2.) The copy so filed in the registry of deeds may, for convenience, be divided into sheets. C. C., s. 553. 596. Upon such confirmation, the engineer shall set up such bounds or monuments as he deems proper to mark the lines of every existing street shewn on such plan, and a record of the date of setting up every such bound or monument, and the location and nature thereof, shall be kept by the engineer. C. C., s. 554. 597 . After any such confirmation, when any new street is opened, or any alteration or extension made to any existing street, the engineer shall mark such street, alteration or extension on the plans filed in his office and in the registry of deeds, and shall set up such bounds or monuments as he deems necessary to mark the lines thereof. C. C., s. 555. 598. (1.) When the plan has been so confirmed by the Council, the same shall be binding and conclusive upon the City and the owner of any property affected, and upon every other person whomsoever, as to the location, dimensions and lines of any existing street shewn thereon, and also that such street at the time of confirming the plan belonged to the City. (2.) Nothing in this section shall be construed to prevent the City at any future time from extending, widening or other- wise altering any street shewn on such plan. C. C., s. 556. 599. (1.) After the confirmation of such plan, no person shall open or lay out any street or make any extension of a'to’ existing street, not shewn thereon, without the consent of the Council. Before such consent is given, the person applying for GRADING STREETS 179 permission to open the street shall furnish to the engineer a correct plan of the proposed street on a scale of thirty feet to the inch, and the engineer shall certify that the proposed street conforms to the requirements of law and is in other respects satisfactory. (2.) Every person who contravenes this section shall he liable to a penalty not exceeding four hundred dollars, and in default of payment, to imprisonment for a period hot exceeding three months. (3.) In any prosecution or other proceeding for a contra- vention of this section, the sale, or agreement for a sale, by any person of a lot of land purporting to be located or bounded upon a street not existing, or not shewn upon such plan, shall be evidence of opening or laying out a street in contravention of this section by such person. C. C., s. 557. 600 . (1.) After the confirmation of any such plan, no Buildings person shall place upon any land shewn by such plan to be pfaVedon required for any new street, or any alteration or extension of an dow^on^fan existing street, any building, or any addition or improvement to any building other than necessary repairs. (2.) If any such building, addition or improvement is so placed, the same shall be deemed a nuisance, and the solici- tor shall forthwith take proceedings by action in the name of the City to compel the removal of the same. (3.) In the event of such new street being opened, or alter- ation or extension made, no damage or compensation shall be allowed in respect to any building, addition or improvement so placed. C. C., s. 558. GRADING. 601 . (i.) Except as is hereinafter provided, no street street not to shall be dedicated or conveyed to the City until the same has Sni d es dicated been properly graded. graded. (2.) Such grading shall be in accordance with a plan to be furnished by the engineer, and shall be done under his supervision and to his satisfaction, to be manifested by his certificate filed in his own office. (3.) The Council shall not accept any such street nor direct the expenditure of any money thereon until such grading has been completed and such acceptance is recommended by the Board of Control. (4.) Every person who so dedicates or conveys any such street before such grading is completed shall be liable to a penalty not exceeding four hundred dollars, and in default of payment, to imprisonment for a period not exceeding three months. C. C., s. 548. 180 GRADING STREETS Grading by- city on peti- tion of own- ers. Street in such case to vest in city. Money required. Lien for cost. 602 . (1.) Upon the presentation to the Council of a petition signed by the persons owning not less than two-thirds of the property fronting on any street, which though opened and in use, has not been accepted by the Council, praying that such street may be accepted as a street by the Council, and that the same may be graded by the City at the cost of the owners of the properties fronting thereon, the Council may refer the matter of the petition to the Board of Control, and the Board shall direct the engineer to report on the matter of such peti- tion. (2.) The engineer shall report to the Board. (a) whether, in his opinion, it is desirable that such street shall be accepted by the City ; and (b) the cost of grading the same. (3.) The Board on consideration of such report, shall decide whether or not to recommend to the Council the accep- tance of the street, or any part thereof, and the grading of the same at the cost of the owners of the properties fronting there- on. 1907, c. 69, s. 21. 663 . If the Council decides to accept the street, or any part thereof, and to grade the same, at the cost of such owners, the said street, or part thereof, shall thereupon vest in the City in fee simple, without further conveyance or dedication, and the Board of Control shall thereupon execute the w r ork of grad- ing the same. 1907, c. 69, s. 22. 604 . The money requisite to defray the cost of any such grading may be borrowed by the treasurer from a bank, on the request of the Board of Control, and the amount so spent, with interest thereon, shall be repaid to the City by the owners of properties fronting on the street, or portion so graded in pro- portion to their respective frontages thereon. 1907, c. 69, s. 23. 605 . (1.) Upon the completion of the work of grading, the engineer shall make a plan of the street, or part there- of, so graded, showing the frontage thereon of each property, and the name of the owner of each property. He shall also make a list of the owners of such properties, with the frontage of each property, and the amount due in respect to each pro- perty, and shall file such plan and list in his office. (2.) Upon such plan and list being completed, and filed, the same shall, in any action or proceeding, be conclusive evidence of the liability to the City of every person named there- in, in respect to each property of which he is stated to be the owner, for the amount stated in respect to each such property. PAVING STREETS 181 (3.) Any such plan or list may be amended from time to time by the engineer, and any such amendment shall in like manner be conclusive evidence of the facts stated therein. (4.) The engineer shall furnish the collector and the assessors with copies of every such list or amendment thereof, with the date of filing in the office of the engineer endorsed thereon. (5.) The amount specified in any such list as payable in respect to any property, shall, from the date of the filing of the plan and list, constitute and be a lien on such property. 1907, 'c. 69, ss. 24, 25. PAVING. 606 . (1.) Upon the presentation to the Council of a Paving on petition signed by the persons owning not less than two-thirds owners! ° f of the frontage of the real property fronting on any street, or part of a street, praying that such street or part may be paved, the Council shall refer the matter of the petition to the Board of Control who shall direct the engineer to report thereon. (2.) The engineer shall report to the Board: — (a) the total length of street proposed to be paved; ( b ) the nature of the material most suitable in his judgment to be used for the paving; (c) the probable cost; and ( d ) whether in his opinion it is desirable to pave such street or portion, and any such other information or remarks as he deems proper. (3.) The Board shall consider such report and send the same to the Council with such recommendation as it deems fit. (4.) The Council on consideration of such report and recommendation shall decide whether to pave such street or portion of a street or not, and the material to be used, and if it orders the same to be done, the work shall be performed by the Board of Control. (5.) One-half of the cost of such pavement shall be borne by the owners of properties fronting on the street or pprtion of a street so paved, in proportion to their respective frontages thereon. C. C., s. 574. 607 . (1.) Upon the completion of the work of paving, L ien for the engineer shall make a plan of the street, or portion of cost a street, so paved, showing the frontage thereon of each pro- perty, and the name of the owner of each property. He shall also make a list of the owners of such properties, with the front- ages of each property and the amount due in respect to each property, and shall file such plan and list in his office. 182 PAVING STREETS Instalments. Pavement accounts to be kept sep- arately. (2.) Upon such plan and list being completed and filed, the same shall in any action or proceeding he conclusive evid- ence of the liability of every person named therein, in respect to each property of which he is stated to be the owner, for the amount stated in respect to each such property. (3.) Any such plan or list may be amended from time to time by the engineer, and any such amendment shall in like manner be conclusive evidence of the facts stated therein. (4.) The engineer shall furnish the collector and the assessors with copies of every such list or amendment thereof, with the date of the filing in the office of the engineer endorsed thereon. (5.) The amount specified in any such list as payable in respect to any property shall, from the date of the filing of the plan and list as aforesaid, constitute and be a lien on such pro- perty. C. CL, s. 575. 608. (1.) When any street is hereafter paved, whether under the provisions of this Act, or under the provisions of chapter 60 of the Acts of 1906, the total amount for which any person is liable in respect to any property, shall be divided into five equal instalments — the first of which shall be due and pay- able on the filing of the plan and list by the engineer, and one on each succeeding thirty-first day of May after the first so succeeding until the whole is paid. (2.) To the first of such instalments shall be added the interest at six per cent, on the amount due in respect to the property from the date of the filing of the engineer’s plan and list, and to each succeeding instalment shall be added the inter- est at six per cent, on the amount of principal then remaining unpaid. (3.) The amount of such instalments and interest shall be included in the notice of rates and taxes for the year, given to the owner of the property, and may be collected with the like rights and remedies. 1907, c. 69, s. 15. 609o The collector shall keep a separate account of all moneys due for the laying of pavement, and shall annually report to the Council — (a) The owners of properties liable therefor, and the streets in respect to which the liabilities arose; ( b ) The amount due in respect to each property; and (c) The amount paid in respect to each property. 1907, c. 69, s. 19. SIDEWALKS 183 610 . The Council, on the recommendation of the Board Council may of Control, may direct that any street or any portion of any without 661 street, may be paved, either under the provision of this petltlon - Act, or under the provisions of chapter 60 of the Acts of 1906, notwithstanding that no petition has been presented to the Council praying that such paving may be done, and all tlm other provisions of the said Acts respectively shall apply to any paving so done. 1907, c. 69, s. 20. SIDEWALKS. 611 . The Board of Control may, subject to the approval sidewalks of the Council, as hereinbefore provided, cover any sidewalk, covered, whether the same has been previously covered or not, with stone, brick or other permanent material, or with sod. C. C., s. 559. 612 . In executing such work the Board may reduce the openings may o v! 1)0 reduced. size of any opening in the sidewalk to the dimensions prescribed by any ordinance in respect thereto. C. C., s. 560. 613 . The owner of any property abutting on any sidewalk Down spout so laid, shall, when requested so to do by the engineer • nected. (a) connect any spout or rain conductor discharging upon such sidewalk with a drain or sewer leading from the building to which such spout or conductor is attached; or ( b ) provide a suitable drain for any water discharged from such property. 1906, c. 65, s. 6. 614 . (1.) One-half of the cost of executing such work, cost of side- including the cost of the curb and gutter, shall be paid by the to owner, City out of the yearly appropriation for streets. half to city. (2.) The other half of such cost shall be paid by the owners of the properties abutting on the sidewalk so covered, according to the respective areas of the sidewalk abutting on each property. (3.) The cost of covering the part of any sidewalk situated at the intersection of two streets, and common to the sidewalks of both, shall be borne wholly by the City. C. C., s. 561. 615 . (1 .) Upon the completion of the work theL ien for engineer shall make a plan of the sidewalk covered, shewing the owner ’ s share - frontage thereon of each property and the name of the owner of each property. He shall also make a list of the owners of such properties, with the frontage of each property, and the amount due in respect to each property, and shall file such plan and list in his office. 184 SIDEWALKS Curbs and gutters. Sidewalk moneys to go to sinking fund. Owners to maintain hatches, &c. (2.) Upon such plan and list being completed and bled, the same shall in any action or proceeding he conclusive evid- ence of the liability of every person named therein, in respect to each property of which he is stated to he the owner, for the amount stated in respect to each such property. (3.) Any such plan or list may he amended from time to time by the engineer, and any such amendment shall in like manner be conclusive evidence of the facts stated therein. (4.) The engineer shall furnish the collector and the assessors with copies of every such list or amendment there- of, with the date of the filing in the office of the engineer endorsed thereon. (5.) The amount specified in any such list as payable in respect to any property shall from the date of the filing of such plan and list constitute and he a lien upon such property. C. C., ss. 562, 563. 616 . (1.) The Council, i on the recommendation of the Board, may direct a curb and gutter to be laid along any side- walk which has been previously covered and that the cost there- of shall be defrayed out of either the street appropriation or out of the moneys borrowed for permanent sidewalks as is deemed fit. One-half of the cost of any curb and gutter laid along any sidewalk on which no covering is placed shall he borne by the owners of the properties abutting on such sidewalk, in proportion to their frontages,, and shall be a lien on such properties and be collected in like manner and with the like remedies as are provided in respect to the one-half of the cost of covering a sidewalk which is made payable by the owners of abutting properties under the provisions of this Act. (2.) The provisions of this section shall apply to the curb and gutter laid on the north side of Windsor street and the east sides of Cunard street and Compton Avenue. 1910, c. 47. s. 2. 617 . Any money received by the City in respect to the covering of any sidewalk shall be credited to and form part of the general sinking fund. C. C., s. 564. 618 . Every owner of real property shall keep in good repair and level with the sidewalk any hatch, hatch coaming, cellar door, or other covering of any aperture in the sidewalk in front of his property, and if he fails so to do, the Board of Control may, at its option, repair such covering, or may remove the same, and fill up such aperture, and the cost of any such repair or removal may be recovered together with the rates and taxes thereon, or by action in the name of the City. C. C., s. 565. TREES IN STREETS 185 619 . If the owner of any property abutting on any side- city may walk fails, on the request of the engineer, to connect any spout spouts, or rain conductor discharging upon such sidewalk with a drain or sewer leading from the building to which the spout or con- ductor is attached, or to provide a suitable drain for any water discharged from any premises so abutting, the engineer may make such connection or drain, and may, for such purpose, enter such building or premises, and the land on which any such building stands, and do therein any work requiring to be done, and the cost of any work so done by the engineer shall be paid by the owner and may be recovered from him by action in the name of the City, or if such work is done as part of, or in connection with the covering of such sidewalk, such cost may be added to and form part of and be collected along with the proportion of the cost of covering' such sidewalk payable by the owner of the property as hereinbefore provided. C. C., s. 566. TREES IN STREETS. 620 . (1.) The Board of Control shall have the charge Trees m and care of the trees in the streets, and the planting of new trees therein shall be subject to its control and supervision. (2.) The superintendent of Halifax Common shall, if required, assist the Board in the care of such trees, or the planting of new ones. (3.) Whenever any sidewalk or curbing is being laid, or other work done on any street involving risk of any injury to any tree, such superintendent shall be notified, and the work, so far as respects such tree, shall be done subject to his super- vision and direction. C. C., s. 567. 621 . The Board may authorize any person to plant trees private on any street wherever such planting will not, in the opinion of plantlng - the Board, interfere with the public use of the street. C. C., s. 568. 622 . (1.) Any owner of property wishing to have trees city to plant planted in the street in front of his property may, on obtaining owner St the authorization of the Board to such planting, pay to the treasurer such sum for each tree which he wishes planted as the superintendent .of Halifax Common deems sufficient to defray the cost of purchasing and planting th£ same, and shall receive a receipt in duplicate therefor, one of which duplicates he may lodge with the Board, and the Board shall at the next appropriate season cause such planting to be done, under the supervision and direction of the said superintendent. (2.) The owner may specify the description of tree which he wishes to have planted, and the same shall be planted accord- 186 FENCES Removal and trimming to be done by- city. Not by others. Remedy of adjoining owrer. Trees not to interfere with use of streets. Vacant lots to be fenced. ingly, but the Board shall not be required to plant any tree which in the opinion of the superintendent is not of a suitable description. (3.) If the cost of purchasing and planting such trees does not amount to the sum paid to the treasurer, the balance shall be returned to the person who paid the same. C. C., s. 569. 623 . The Board may cut down, trim or remove any free on any street, but all such trimming or removal shall be done subject to the supervision and directions of the superintendent of Halifax Common. C. C., s. 570. 624 . (1.) No person other than the Board shall cut down, trim or remove any tree on any street without first obtaining the authority of the Board. (2.) Every person who contravenes this section shall, for each tree so cut down, trimmed or removed, be liable to a penalty not exceeding one hundred dollars, and in default of payment, to imprisonment for a period not exceeding sixty days. (3.) The contravention of this section may also he restrained or damages recovered in respect thereto by an action at the suit of the City. (4.) In addition to the remedies hereinbefore prescribed in this section, the owner of the property in front of which any tree stands may maintain an action in his own name to restrain any contravention of this section, or to recover any damage done to his property thereby. C. C., ss. .571, 572. 625 . If any part of a tree standing on private property interferes with the public use of any street, the Board may cut or trim the same, and may, if necessary for that purpose, enter on such private property. C. C., s. 573. FENCES. 626 . (1.) The owner or occupier of every vacant lot abutting on any street shall fence in the same within six days after receiving notice to that effect from the engineer, and shall keep and maintain such fence in good repair to the satis- faction of the engineer. (2.) Every such fence, if closely boarded, shall be not less than six feet in height. If of any other description it shall be sufficient to protect the street and the public from any nuisance or inconvenience, but shall in no case be less than five feet in height. (3.) Every person who contravenes or fails to comply with the provisions of this section shall, for every offence, be liable DRINKING FOUNTAINS — PIPES, POLES OR TRAMWAYS, ETC. 187 to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month. (4.) Every day during which any such contravention or failure to comply continues shall be deemed a fresh offence. C. 0., s. 577. DRINKING FOUNTAINS. 627 . (1.) The Council, on the recommendation of the Drinking Board of Control, may erect drinking fountains upon the streets, squares, and public places of the City, and may appro- priate therefor such part of the general revenue of the City, or of the moneys received in respect to the water supply of the City, as the Council on such recommendation deems fit. (2.) The Council may grant permission to any person or association to erect such fountains on the streets, squares and public places of the City, hut the location of any such fountain, and the design thereof, and the supply of water thereto, shall he subject to the approval of the Board of Control. C. C., s. 578. PIPES, POLES OR TRAMWAYS IN STREETS. 628 . Nothing in chapter 157 of the Acts of 1893, or in Cap. 157, of any act amending the same, shall he construed to prevent the prejudice 10 City from laying pipes in any location in any of the streets for city - its own purposes. C. C., s. 579. 629 . Nothing contained in section 62 of chapter 182 of certain tram- the Acts of 1903 relating to the Bedford Electric Company to a oonsent ect Limited, or in any other act of the legislature, shall he con- of Clty - sidered to grant to the said The Bedford Electric Company Limited, or to the Halifax and Suburban Electric Company Limited, or to any other company or person, any right to build, construct or place a line of railway or tramway on any street of the City without the consent and approval of the Council being first had and obtained, and such consent and approval shall in all cases be necessary before any such line of railway or tramway is placed on any street of the said City. 1910, c. 47, s. 8. 630 . (1.) The Council may, by a two-thirds vote, per- p 0 i e line mit the Minister of Railways of Canada to erect a line of poles forL R,c> and wires for the transmission of electric current from the Intercolonial Railway station at North street to the round house on the cotton factory siding, subject to the terms and condi- tions set out in the ordinance of the City in respect to poles and wires in the streets. (2.) For the purpose of such ordinance the Intercolonial Railway of Canada shall be deemed to be a company, and the Council may make street ordinances. Sewers to be under Board of Control. Private drains at expense of owner. 188 STREET ORDINANCES SEWERS provisions of the said ordinance respecting the tise by one com- pany of the poles of any other company shall apply to the said railway. 1907, c. 69, s. 49. ORDINANCES. 631. The Council may from time to time make, alter or repeal ordinances in respect to — {a) maintaining the streets in good order and condition and fit for the public use, including the manner and conditions under which the same may he opened, and the regulation of openings therein; (5) the prevention or removal of encroachments or obstructions on the streets; (c) keeping the streets clean, and the proper use thereof by the public, including the clipping of grass by the owners of properties; ( d ) the regulation of traffic and of vehicles and of horses and other animals on the streets ; (e) the removal of snow by the owners or occupiers of properties ; (/) the prevention of disorder and impropriety on the streets, and of coasting and jilaying at games; ( g ) the location, erection, maintenance, or removal of poles, wires, pipes, conduits or tubes upon, along, over or under the streets; ( 'll ) the removal or deposit, of ashes, offal or other similar material; ( i ) the regulation or prevention of the going at large of animals or birds, the establishment and regulation of pounds, including the rates to be paid for animals or birds impounded, and the sale of such animals or birds. C. C., s. 580. SEWERS. (1.) — -Care and Management. 632. The Board of Control shall have the care and man- agement of the public sewers, and shall repair and keep in good order all existing sewers, and shall construct all such new pub- lic sewers as are ordered by the Council. C. C., s. 587. 633. Every private drain connected with a public sewer shall be constructed and maintained at the expense of the owner of the property connecting with the same, but subject to the supervision and control of the engineer. C. C., s. 588. SEWERS 189 634. (1.) E\ r ery public sewer, whether constructed before outlets of or after the coming into force of this Act, shall discharge into Halifax Harbor, (including the North-West Arm and Bedford Basin) below the low water mark, and such discharge may be at any point within the City, whether the same is the property of the City or of any person. (2.) No action or proceeding of any sort shall be main- tained against the City or any individual for or on account of any deposit of sewage matter or other nuisance occasioned by such sewer at the point where the same discharges, or on any property near thereto. (3.) The outlet of every such sewer shall be located with all due regard to the public health and convenience. (4.) Before the outlet of any sewer hereafter constructed is located on the property of any person the same shall be approved by the Governor-in-Council after hearing any person interested in opposing such location. Notice of the time and place at which such hearing will be had shall in all cases be given by publication of the same in a newspaper in the City for not less than ten days, and such notice shall be deemed sufficient. C. C., s. 589. 635. The Board of Control may; — Property owners noti- (a) whenever a new public sewer is in process of con- fied to connect struction in any street, or ( b ) whenever any street on which a public sewer has previously been constructed is being paved or repaired or opened for any cause, notify the owners of properties on the street of the time within which they may connect their properties with the public sewer by private drains. C. C., s. 590. 636. (1.) The Board of Control may, in the case of any Board may street in which a public sewer is now or hereafter constructed, owner fails, give a notice to the owners of properties on such street requiring them,, within a time therein specified, to connect their proper- ties with the public sewer by private drains. (2.) If any owner so notified fails to make such connection within the time so specified, the Board may make such con- nection, and for that purpose the employees and workmen of the City may enter upon such property and make any excava- tion and do any other work required to be done. (3.) The cost of making any such connection by the City shall, upon the filing by the engineer in his own office of a certificate specifying such cost, constitute and be a lien upon the property so connected. C. C., s. 591. 190 PRIVATE DRAINS (2.) — Private Drains. Private drains subject to city supervision. Sewer 637. Every private drain shall be built subject connecting with any public to the supervision of the engineer, and shall be of such size and at such level and descent, and with such mode of piercing or opening into the sewer, and generally in such manner and of such materials, as the engineer directs, and no such drain shall be covered in until the same has been inspected and approved by the engineer. C. C., s. 592. May be opened for inspec- tion. 638. If any such drain is covered in before the same has been so inspected and approved the engineer may open the same for the purpose of inspection, and the cost of so doing shall be paid by the owner of the property and shall constitute a lien on the property, and may be recovered as hereinbefore provided. C. C., s. 593. Power of engineer. 639. If— (a) any private drain is not laid and built and con- nected with the public sewer, or (5) the street is not- filled in and remade, or (c) any other work in connection with such private drain is not done, to the satisfaction of the engineer, be shall notify the owner of the property, or other person having charge of the construction of such drain, to that- effect, specifying in what particulars the work is unsatisfactory, and if such owner or person within five days from the receipt of such notice fails to perform such work to the satisfaction of the engineer the engineer may perform the same, and the cost of so doing shall constitute a lien on the property and may be collected as herein- before provided. C. C., s. 594. Penalty. 640. Every person who — (a) covers in any private drain before the same has been inspected, or (b) fails to perform any work in connection therewith in conformity with the directions of the engineer within five days after being notified to that effect as hereinbefore directed, . shall, for each such offence, be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding ten days, and such penalty may be in addition to the cost of inspection or performance of work by the City. C. C., s. 595. SEWERS CONSTRUCTION 191 641. The City shall not be liable for any damage occasioned by the discharge of any sewage or water into any cellar in any case in which — (a) any provision of this Act in respect to sewers or drains, or of any ordinance or regulation made by the Council in respect thereto, has not been complied with by any owner or previous owner of the property, or (&) the cellar is constructed to a greater depth than within two feet of the level of the bottom of the public sewer in front of the cellar or below the level of the top of such sewer, or (c) sufficient descent has not been given to the private drain, or ( d ) the owner of the property has not taken reasonable precaution to prevent injury. C. C., s. 596. 642 . (1.) !No person shall — (a) injure or remove any portion of any catchpit, receiving basin, covering flag, man-hole, vent-shaft, grating or any other part of any sewer or drain, or ( b ) obstruct the flow of water in any sewer or drain, or permit any substance to flow into any sewer or drain, which forms a deposit therein, or has a tendency to obstruct the same, or discharge any steam into any sewer. (2.) Every person who contravenes or fails to comply with this section, shall, for each such offence, be liable to a penalty not exceeding forty dollars, and in default of payment, to imprisonment for a period not exceeding forty days. C. C., s. 597. ( 3.) — Construction. 643 . (1.) A public sewer shall be built only upon the order of the Council, on the recommendation of the Board of Control, but before making any such order the matter shall be referred to the engineer for his report thereon. (2.) If the engineer reports that the proposed sewer is not practicable, or not in accordance with the general sewerage plan of the City, the Council shall not order the same to be built. C. C., s. 598. 644. (1.) If the 'engineer reports that the proposed sewer is practicable and in accordance with the general sewer- age plan of the City, he shall further report — (a) the total length of the sewer proposed to be built; (5) the probable cost thereof; City not liable for damages. Catchpits, etc. not to be in- jured. Public sewers, engineer to report on. Contents of report. 192 SEWERS LIABILTY OF OWNERS Owner of pro- perty liable. Frontage defined. (c) such other information or remarks as he considers proper. (2.) The Council, upon consideration of such report, shall decide whether to construct such sewer or not, and if it orders the same to he constructed, the work shall be done by the Board. C. C., s. 599. ( L) — Liability of Owners. 645 . (1.) Whenever any public sewer is built in any street, every owner of any real property on either side of the street, fronting on such sewer in the manner provided in the next succeeding section, shall he liable to pay to the City towards the cost of construction of such sewer, the sum of one dollar and twenty-five cents for each lineal foot of his property so fronting. (2.) The remainder of the cost of such construction shall be borne by the City. C. C., s. 600. 646 . The following properties shall be considered as fronting on such sewer and liable under the next preceding section : — ( a ) Every property lying on either side of the street, or part of the street, through which the sewer passes, and in the case of a court the end of the same shall be deemed a side. ( b ) Every property situated at the upper end of the sewer, and within sixty feet thereof, shall be deemed to front thereon for so much of the property as is within the said sixty feet, measured along the side lines of the street from a point opposite the termina- tion of the sewer, provided that no such property shall pay less than twenty-five dollars. (c) Any property situated at the intersection or junc- tion of two streets in each of which a sewer is con- structed shall be deemed to front on both streets, but shall be exempt from liability on one of such streets in respect to so much of the property as lies within the distance of forty feet, measured along the line of the street from the intersection or junction of the two streets. (2.) Any house or other building not otherwise charge- able under the provisions of this Act, but which will be benefited by any new sewer, shall be required to pay to the City the sum of twenty-five dollars for the privilege of draining into the same, either directly or through any private drain or interven- ing property. C. C., s. 601. SEWERS — LIABILITY OF OWNERS 193 647 . (1.) Upon the completion of any public sewer, or Plan to be part of a sewer,, the engineer shall make a plan of the street or portion thereof in which such sewer is constructed, showing the frontage in feet and inches of every property on such street or portion, and the name of the owner of each property. He shall also make a list of the owners of such properties with the frontage of each property, and the amount due in respect to each property, and shall file such plan and list in his office. (2.) Upon such plan and list being so completed and filed, the same shall in any action or proceeding be conclusive evidence of the liability of every person therein named in respect to each property of which he is stated to be the owner for the amount stated in respect to each such property. (3.) Any such plan or list may be amended from time to time by the engineer, and any such amendment shall, in like manner, be conclusive evidence of the facts therein stated. (4.) The engineer shall furnish the collector and the assessors with copies of every such plan and list, or amendment thereof, with the date of filing in the office of the engineer endorsed thereon. (5.) The amount for which any person is liable in respect to any lot of land, shall, from the date of the filing of such plan and list constitute and be a lien upon such land. C. C., ss. 602, 603. 648 . (1.) The total amount for which any person is Amount pay- liable in respect to any property, shall be divided into ten equal ments 7 mstal instalments, the first of which shall be due and payable on the filing of the plan and list by the engineer, and one on each succeeding thirty-first day of May, after the first so succeeding, until the whole is paid. (2.) To the first of such instalments shall be added the interest at six per cent, on the amount due in respect to the jmoperty from the date of the filing of the engineer’s plan and list, and to each succeeding instalment shall be added the interest at six per cent, on the amount of principal then remaining unpaid. (3.) The amount of such instalment and interest shall be included in the notice of rates and taxes for the year given to the owner of the property, and may be collected with the like rights and remedies. C. C., s. 603. 1907, c. 69, s. 27. 649 . The collector shall keep a separate account of all separate ac- moneys due for the construction of sewers, and shall annually kept. ts to be report to the Council — (a) the owners of properties liable therefor and the sewer in respect to which each liability arose ; 13 194 LIENS FOR BETTERMENT CHARGES ( b ) the amount due in respect to each property; (c) the amount paid in respect to each prQperty. C., C., s. 608. to™© twice n0t 65 °* The owner of any property in respect to which a liable. proportionate part of the cost of any public sewer has been at any time paid by him, or any former owner, shall not he liable tc pay for the construction of any new public sewer opposite to such property and in the same street in which the former sewer was laid. C. C., s. 609. LIENS FOR BETTERMENT CHARGES. Betterment charge to be lien on pro- perty. 651. (1.) In any case in which by any provision of this Act, or any Act in amendment thereof, any charge, contribution or liability of any description is declared to constitute and he a lien on any real propery such lien shall be a charge or lien on such property having preference and priority over any encumbrance, charge or lien of any description, other than a lien created by this Act, and payment of the amount thereof with interest at the rate of six per cent, may be enforced by the City as hereinafter pro- vided. (2.) The amount of any such lien, or if the same is pay- able by instalments in successive years the amount of the instal- ment or instalments then payable, shall be included by the collector in the notice requiring payment of rates and taxes sent to the person liable to discharge such lien, and may he collected together with such rates and taxes and with the same rights and remedies and may also be collected by action in the name of the City. The failure to include the amount of any such lien in any such notice shall not affect such lien or the right to compel payment thereof. (3.) Any person liable to pay the amount of any such lien, or any owner or mortgagee of any property affected by any such lien, may at any time pay and discharge the whole amount of such lien with interest, whether such amount is pay- able at one time or by instalments. If such payment is made by a mortgagee he may add the amount of such payment to the amount secured upon the mortgage and enforce payment thereof in like manner as if it was a part of that amount. Upon such payment the lien on such land shall be extinguished, and an entry to that effect shall he made in the books of the City. provisions as 652. The provisions of this Act respecting the sale of land to apply. for failure to pay the rates and taxes thereon shall apply in case of failure to discharge any lien on any real property, and such property may be sold for failure to pay the amount of any such CITY PROPERTY 195 lien under and in conformity with such provisions, notwith- standing that no sum is due for rates and taxes in respect to the same. 653. If any land is sold by the City for failure to pay any A ii charges sum secured thereon by a lien under this Act, whether for rates on saie et of ined and taxes or for any charge created by this Act, the collector land - shall retain out of the proceeds of such sale the whole amount due to the City in respect to such land and secured by any lien or liens thereon, whether such amounts have then become fully payable or not, and whether any plan or list in respect to any such liability has been filed or not. 654. (1.) If the owner of any land subject to a lien pay- ^jabmty in able by instalments sells the same before all the instalments of by owner, such liability are paid he shall continue to be personally liable for any instalment due and payable at the time of such sale, but he shall not be personally liable for any instalment becoming payable after such sale, and the owner of the land at the time such subsequent instalment becomes payable shall be person- ally liable therefor. (2.) Nothing in the section shall be construed to affect the lien upon the land which shall continue and may be enforced notwithstanding any such sale. CITY PROPERTY. 655. (1.) All and singular the lands and real property city proper- and all buildings thereon, which at any time heretofore have ties ‘ been granted or conveyed to or by any body politic or corporate, or any person whomsoever, in trust for the use and benefit of the Town of Halifax, or of the inhabitants of the town or penin- sula, or for any public use and purpose within the same, or used or appropriated for any such public use or purpose; and all lots and parcels of land, originally laid out or allotted, or now held for any such public use or purpose, or wherein the Town of Halifax, or the inhabitants of the City of Halifax, or any body politic or corporate, or other person on behalf of the Town, or for any public use, have or has, any title, interest, right or benefit at law or in equity are hereby absolutely vested in the City of Halifax and shall be by the said City held, used and occupied, in fee simple, for the public and common benefit and use of the City, according to the true intent and meaning of the original grant, purchase, conveyance, or assignment of the same respectivoly, subject nevertheless to and saving any interest, property, possession or right, which was acquired by any person under and by virtue of the statute of limitations, prior to the 31st day of March, 1892, and reserving to any person whomsoever any charge, encumbrance, claim or demand, 196 CITY PROPERTY whether at law or in equity, subsisting at such date upon or against the said real property, or any part thereof. (2.) Without excepting from the generality of the fore- going provision, the lands so vested shall include, together with any other lands, the land whereon the powder magazine stood, and the water lots and tenements belonging thereto, the passage to the fish market bought from the Board of Ordnance by the City, the lot of land at North-West Arm, the public markets, Rockhead farm and the lands attached thereto, the water lot near to the Freshwater bridge, the water lot purchased from Doctor Cogswell, the water lots at the south end of the Basin, public landing places or slips, the steamboat landing or pro- perty, the Stayner wharf property, Camp Hill Cemetery, the Common, the various lots on which the engine houses now stand, and the Grand Parade. C. C., s. 581. Proceeds of North Fish Market. 656. The Council may apply the property of the City known as the North Fish Market, and the wharf and slip thereof, to such use or purpose as it deems for the benefit of the City; provided a landing and passage thereon of ten feet at least is left from the water to the street for public and free use. C. C., s. 582. Leasing of city property. 657. (1.) The Council may lease any property of the City, and any lease of any such property when directed by the Council shall be executed under the seal of the City and by the hands of the mayor and the clerk. (2.) The rent of any property so leased shall be payable to and collected by the collector, and shall form part of the general revenue of the City and be appropriated by the Council. (3.) The mayor shall issue a distraint warrant under his hand and the seal of the City, directed to the chief of police, or his deputy, requiring him for any arrears of rent due from any person to the City in respect to premises leased by the City, to distrain upon the personal property of any person occupying such premises. (4.) No lease shall be made of any real property of the City for a longer term than five years without the approval of the Governor-in-Couneil. C. C., s. 583 Acquisition of 658. (1.) The City may purchase or expropriate, in the BedfoJd yon manner provided in this Act, the property situated on Basin. Bedford Basin, and described as follows : “Bounded on the northeast by Gottingen street, on the southeast and southwest by the property of the City, and on the northwest by Bedford Basin, excepting therefrom so much thereof as is occupied by Campbell road, the Intercolonial Railway and the Halifax and South Western Railway.” CITY PROPERTY 197 (2.) When the City has obtained the said property it may close np so much of the Campbell road as passes through the same, and divert the said road to pass to the south of the track of the Intercolonial Railway, and, if need be, expropriate any land required for such diversion. 1907, c. 69, s. 33. 659 . The City may acquire the land requisite for the con- ^change for struction of buildings to he given to the Dominion government military pro- in exchange for the property and buildings known as the Fuel Yard, and for the land and buildings required to be taken for the extension south of Brunswick street, and may, on any land so acquired, erect buildings and transfer such land and build- ings to the Dominion government in exchange for the said Fuel Yard, and for the land required for the extension of Brunswick street. 1907, c. 69, s. 34. 660 . The City may lease the property known as “Stayner’s stayner’s Wharf,” together with the dock and slip at present occupied by the Dartmouth Ferry Commission, and the wharf property to the south thereof, to the Dartmouth Ferry Commission for such period and for such rent and on such terms and conditions as the Council determines. 1907, c. 69, s. 36. 661 . The City may sell the property known as the Isles- ville engine house, and the proceeds thereof shall he transferred to the general sinking fund. 1907, c. 69, s. 37. 662 . The City may sell and dispose of the following lots certain lots £ l J j. • x " may be sold. oi land, that is to §a y : — Young Avenue, west side, one lot 66' x 165' Wellington Street, east side, two lots 35' x 120' 50' 6" x 120' Tower Road, east side, one lot 35' x 140' Fenwick Street south side, one lot Henry Street, west side, one lot for the best price obtainable, and any moneys realized from the sale thereof shall be paid to the trustees of the general sinking fund for the purpose of that fund. The lots herein mentioned are as described in the third schedule to chapter 69 of the Acts of 1913. 1913, c. 69, s. 16. 663 . The City may apply any moneys realized by the sale oid Exhibi- of the lands and buildings on Tower road, known as the old m°neys! ldm Exhibition Building, to the purchase of lands for erection of city work shops and stables, and to the construction of such workshops and stables thereon. 1907, c. 69, s. 38. 664 . The proceeds realized by the City from the sale of city Market the property known as the City Market, shall he applied to the moneys * 198 WATER SUPPLY Butch Village lots. Cabmen’s shelter. Ordinances for regulation of City pro- perty. Water system to be City property. Board of Control to manage. Right of Board to enter land. purchase of a property for a market and the construction thereon of a market building, and for no other purpose what- ever. C. C., s. 585. 665 . The lines and monuments of the Dutch Village lots, in the County of Halifax, shown on the plan signed by F. W. Christie, and dated January, 1894, and filed in the engineer’s office, on the sixth day of February, 1894, shall hereafter he taken and accepted as the true boundaries of said respective lots, and the respective owners shall hold, occupy and possess their respective lots according to the boundary lines so estab lished, and the monuments erected thereon and shown on said plan, and said plan shall be evidence thereof. C. C., s. 586. 666. The City may erect a building to be used as a cab- men’s shelter on any part of the land known as the Grand Parade. C. C., s. 586A. 667 . The Council, on the recommendation of the Board of Control, may make ordinances for the regulation and manage- ment of the real property of the City or any part thereof. C. C., s. 584. WATER SUPPLY. 668. The lakes and water supply of the City, water mains, service pipes, hydrants, and all other property or works con- nected with the water supply of the City, shall continue to be the property of the City for all purposes. C. C., s. 610. 669 . (1.) The management and supervision of the wate* works, and the maintenance thereof in a good condition of repair and efficiency, shall be performed and discharged by the Board of Control, and any improvements thereto or extension thereof ordered by the Council shall be executed by that Board. (2.) The cost of such management, supervision and main- tenance, shall be defrayed out of the income derived from the water supply, and any surplus of such income may from time to time, on the recommendation of the Board of Control, approved by the Council, be ( а ) applied to improving or extending the water supply, or (б) invested in the general sinking fund. C. C., s. 611. 670 . (1.) In the laying down, construction, repairing, and alteration of any main pipe or service pipe, the Board, its servants, agents, or workmen may from time to time, as occasion requires, enter upon any lands and tenements in the City, whether occupied or not, and may remain thereon as long as is WATER SUPPLY 199 deemed requisite for the proper execution of the work; and may make any such excavation on the premises as is deemed expedient, , and take up and remove any floor, timber, plank, or any wall, fence, or erection whatsoever, doing no unnecessary damage to the same and carefully replacing the same upon the requisite work being performed. (2.) No such entry shall he made between the hours of sunset and sunrise, nor without the permission of the owner or the occupant, if resident on the premises, being first requested; but the refusal of such permission shall not prevent or delay the execution of the work. C. C., s. 612. 671. (1.) The owner of any dwelling-house situated on service pipes, any portion of a street through which a main pipe is laid, shall be entitled, on application to the Board of Control, to a service pipe one-half inch in diameter to such house. (2.) Such service pipe shall be laid at the expense of the City from the main pipe to the line of the street through the wall of the house, if the wall is on the line of the street. (3.) The cost of laying such service pipe beyond the line of the street shall be borne by the applicant. (4.) When a service pipe has been put into any house or premises, without objection by the owner to the position of the same, no subsequent removal or alteration of position of the pipe shall be made except at the expense of the owner. C. C., s. 613. 672. (1.) If any house so situated stands back from the Houses back line of the street the owner thereof may apply to the Board of nn^ street Control to do the work of extending such service pipe from the line of the street to the house. (2.) If the ’ engineer is of opinion that such work may conveniently be done by the City, he shall make up an estimate of the cost thereof and the applicant shall deposit the amount of such estimate with the clerk of works, after which the work of the extension shall be done by the City, and the cost defrayed out of the money so deposited. C. C., s. 614. 673. (1.) The owner of any dwelling-house so situated Additional N ° CT service pipes. may request that — ( a ) more than one such service pipe, or (&) a service pipe more than one-half inch in diameter, shall be laid to such dwelling, and the engineer shall decide whether such application shall be granted or not. (2.) If the engineer is of opinion that the application can be granted, he shall make an estimate of the cost thereof in 200 WATER SUPPLY Work not required at unsuitable season. Defilement of supply pro- hibited. Ordinances foi regulation of water system. excess of the cost of laying one ordinary service pipe, or if snch ordinary pipe has been already laid, the whole cost of executing the work applied for, and the applicant shall deposit the amount so estimated with the clerk of works, after which the City shall execute the work applied for and defray such excess, or the whole cost as the case may he, out of the money so deposited. (3.) Any balance of any amount so deposited after the execution of the work, in respect to which it was deposited, shall be returned to the applicant on request. C. C., s. 615. 674 . The City shall not be required to lay any service pipe at any season of the year which in the opinion of the engineer is not suitable for the performance of the work. C. C., s. 616. . 675 . (1.) Ho person shall place, or permit to escape, upon any land adjacent to the Chain of Lakes, Spruce Hill Lakes, Long Lake, Bayers Lake, or Cocked Hat Lake, in the County of Halifax, or any lake at any time forming part of the water system of the City, or upon any land forming part of the water shed of any one of such lakes, any matter or thing of an offensive or deleterious nature, or calculated to impair the quality of the water for use for domestic purposes. (2.) Every person who contravenes, or fails to comply with the provisions of this section, shall, for each such offence, be liable to a penalty not exceeding fifty dollars, and in default of payment, to imprisonment for a period not exceeding sixty days, and every day during which any such contravention or failure to comply continues shall be deemed a fresh offence. (3.) Upon any such contravention or failure to comply coming to the knowledge of the engineer, he shall at once report the same to the solicitor, who shall forthwith take proceedings to enforce the penalty therefor, and may, in addi- tion, take proceeding by action in the name of the City, to restrain the continuance of the same. (4.) In any action or proceeding under this section, a map or plan of any such lake, and of the water shed of the lake, shall be sufficient evidence of the matters represented on the map or plan. C. C., s. 617. 676 . (1.) The Council, on the recommendation of the Board of Control, may make ordinances, rules and regulations regulating the construction, location, maintenance, operation, renewal and removal of any main pipe or service pipe, conduit or tube, for any purpose, or belonging to any person, firm or corporation or association, upon, or along any street, park or public place of the City. EXPROPRIATION OF LANDS 201 (2.) If any person contravenes or fails to comply with any such ordinance, rule or regulation so made, the engineer shall forthwith report the same to the solicitor, who shall at once take proceedings by action in the name of the City in respect to such contravention or failure to comply. C. C., s. 618. EXPROPRIATION OF LANDS. 677 . In the following sections relating to the expropria- interpretation tion of land, the expression “land or interest therein” means — (&) any land, whether held in fee simple or for any lesser interest, or ( b ) any stream, water course or land covered with water, or the right to dam up or stop any flow of water and thereby to overflow any land, or (c) any easement or right in, upon or over any land, or any other right or interest in, upon or over any land or land covered with water. The expression “owner” includes a trustee, executor, guar- dian, curator, agent or other person having the charge or control of any real property. C. C., s. 619. 678 . Whenever, on the recommendation of the Board of fractTor'pu’r 1 ' Control, the Council determines by resolution that any land or chase of laud, interest therein, whether situated within the City or not, is required by the City for any purpose connected with the water supply of the City, or for the extension or widening of any existing street, or the opening of any new street, or in connec- tion with any city building, or for any other public work or service of the City, the City may contract for the purchase of such land or interest therein with the owner thereof. C. C., s. 620. 679 . If— If contract impossible (a) no such contract can be made, or City may expropriate. ( b ) such owner or person does not reside within the province or is unknown by the mayor or solicitor so to reside, or ( c ) in the opinion of the solicitor a good title cannot be made to such land or interest therein, or the owner or any other person interested therein is incapable of executing a good conveyance thereof, or ( d ) for any other reason it is deemed advisable so to do, the Council, on the recommendation of the Board of Control, may by resolution, determine to expropriate such land or interest therein. C. C., s. 621. 202 EXPROPRIATION OF LANDS Failure to answer offer deemed re- fusal. Plan to be made. Land may be entered. Plan to be lodged in office of En- gineer. Whole may be taken, though part only required. Notice of intention to expropriate. Mortgagee need not be served. Resolution for expropriation — payment into Court. 680 . If any such owner, or other person having the _power to sell, fails to answer an offer in writing by the City to pur- chase any such land or interest therein within thirty days after the receipt thereof, such failure may he deemed a refusal to contract. C. C., s. 622. • 681 . (1.) The engineer shall prepare a plan and descrip- tion of the land proposed to be expropriated and a report on the matter of such expropriation, and submit the same to the Board of Control, which may approve, alter or amend the same and report to the Council with its recommendation thereon. (2.) Bor any purpose connected with any such contem- plated expropriation, the engineer, his assistants and servants, may enter upon any land in respect to which the expropriation is contemplated, and survey or examine the same, and if neces- sary in his judgment, may make borings or other excavations therein, and if such expropriation is not made, any damage to the land shall he paid for by the City. C. C., s 623. 682 . A copy of such plan and description as approved by the Council shall be lodged in the office of the engineer, where the same may he inspected by any person interested. C. C., s. 624. 683 . If the engineer reports that it is expedient so to do, the Council may include in the land to he expropriated the whole of any property, a part only of which is required for the purpose for which the expropriation is to be made. C. C., s. 625. 684 . (1.) If the owner of the land or interest therein intended to he expropriated resides within the province, and is known to the mayor or solicitor, the engineer shall give him notice in writing of the intention of the City to expropriate such land or interest therein, and shall also in every case publish a copy of such notice in not less than two newspapers published in the City, for two weeks, by two insertions in each week. Such notice shall contain a description of the land or interest therein intended to he expropriated, and that the City intends at the expiry of the time limited therefor to expropriate the same. (2.) It shall not in any case he necessary to serve any mortgagee of any land sought to be expropriated with a copy of such notice. C. C., s. 626. 685 . At the expiration of two weeks from the giving of such notice, or from the first publication thereof (whichever last happens), the Council may, by resolution, declare the land EXPROPRIATION OF LANDS 203 or interest therein to he expropriated, and shall pay into the supreme court at Halifax such sum as in the judgment of the Council is a reasonable compensation for the land or interest therein expropriated, and notice of such payment shall be given to such persons and by such publication as is hereinbefore pro- vided in respect to the notice of intention to expropriate, C. C., s. 627. 686. A copy of such resolution, with a copy of the plan copy for and description, shall be lodged for registry in the registry of Deeds, deeds at Halifax. C. C., s. 628. 687 . (1.) Upon the passage of such resolution, the mak- Lands to vest ing of such payment and the lodging for registry of such 5>a£age°of documents, the title to the land or interest therein declared to resolutlon - be expropriated shall be absolutely vested in the City free from any incumbrance or lien of any description whatever. (2.) If any resistance or opposition is made by any person to the engineer or other official of the City entering upon and taking possession of any lands on behalf of the City, a judge of the supreme court, on proof of the passing of such resolu- tion, the lodging of such plan in the office of the engineer and the registrar of deeds and the payment of the money into court, and after notice to show cause given in such manner as he directs, may issue his warrant to the sheriff of the county within which such lands are situated, directing him to put down such resistance or opposition, and to put the City in possession thereof ; and the sheriff shall take with him sufficient assistance for such purpose, and shall put down such resistance and opposition, and shall put the City in possession thereof; and shall forthwith make return to the supreme court of such warrant, and of the manner in which he executed the same. C. C., s. 629. 688. If the owner within one month from the service upon of^rwtStors him of such notice of payment, or the first publication thereof, (whichever is latest), gives notice in writing to the City that the amount of such compensation is insufficient and names a person as arbitrator, the City shall forthwith name an arbitra- tor, and the two so named shall appoint a third, or if they are unable to agree, such third arbitrator shall be appointed by a judge of the supreme court, and the three arbitrators so appointed shall determine the amount of such compensation, and shall file their award with the engineer, and the provisions of the Arbitration Act shall apply to any proceedings had by the arbitrators. C. C., s. 630. 689 . The owner and the Citv mav, if thev see fit, appoint ® 0l f. ar ^ i_ , i . . ' • . • ’ r 1 tration by one person sole arbitrator, and the compensation may be deter- consent. mined by him. C. C., s. 631. 204 EXPROPRIATION OF LANDS Owner not appointing deemed to accept. Arbitrators fee. Both benefit and injury to be considered — fencing. Amount of award, dis- position of. Lien on compensation money. Payment out of Court Certificate of registrar. 690 . If the owner does not give* such notice and name an arbitrator within one month, he shall be deemed to have accepted the amount of compensation so paid into court as sufficient, but in such case any holder of any charge or incum- brance on the land expropriated, or otherwise interested therein, may give such notice and name an arbitrator within one week from the expiry of the month, and the arbitration shall proceed accordingly. C. 0., s. 632. 691 . (1.) Every arbitrator shall he paid by the City the sum of six dollars for each separate parcel of land or interest in land compensation for which is arbitrated on by him. (2.) In any case requiring an unusual amount of time or labor the City may pay the persons employed as arbitrators such additional sum for their services as the Council sees fit. C. C. 633. 1913, c. 69, s. 17. 692 . In determining the amount of compensation to he paid for any land expropriated for opening, extending, widening or altering any street, the arbitrators shall take into consideration the relative benefit and injury occasioned to any remaining portion of the owner’s land, adding thereto an estimate for the cost of fencing such portion, if rendered necessary. The amount of such estimate for fencing need not be paid into court, but may be paid to the owner on such fencing being completed. C. C., s. 634. 693 . If the amount of compensation determined by the arbitrators exceeds the amount paid into court, the City shall pay the amount of the excess into court. If such amount is less than the amount paid into court, the difference may be paid out to the City on the application of the solicitor. C. C., s. 635. 694 . Any money paid into court on account of any expro- priation shall be subject to every lien, incumbrance, or other charge to which the land or interest therein expropriated was subject. C. C., s. 636. 695 . Any money paid into court may be paid out to the person or persons entitled thereto on application to a judge of the court, notice of such application being first given to the mayor, and on such application the judge shall make such orders and direct such notices to be given as he deems necessary to pro- tect all persons interested in the money so paid in. C. C., s. 637. 696 . If upon any application for the payment out of money a certificate of title is required, the registrar of deeds shall furnish the same for a fee of three dollars, to be paid by the City. C. C., s. 638. CEMETERIES 205 697 . The City shall pay the cost of any such application costs^to be y not exceeding fifteen dollars in all. C. C., s. 639. 698 . The City may sell any land so expropriated not f preprinted required for the purpose for which the expropriation is made, land. and the moneys realized from any such sale shall be applied to the payment of any debt incurred in connection with such expropriation, and for that purpose may be used for the pay- ment of the instalments of any loan contracted for such debt, or may be paid into any sinking fund established in connection therewith, or into the general sinking fund, as may be most appropriate. C. C., s. 640. CEMETERIES. 699 . (1.) Several enactments having been made by the cemeteries, legislature at different times with a view to obtain and secure to the City a public cemetery for general use, and that object having been at length accomplished, the respective titles of the City to the land contained in the public cemetery, that of the Roman Catholics to the land held as a Roman Catholic cemetery, and that of the principal secretary of state for the war department for military purposes, or of His Majesty, to any land conveyed and now held under these enactments, are hereby confirmed. (2.) 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 — in (1833) the third year of the reign of his late Majesty King William the Fourth, chapter thirty-two, section first — in (1837) the seventh year of the reign of his late Majesty King William the Fourth, chapter seventy-six — in (1838) the first year of the reign of her late Majesty Queen Victoria, chapter seventeen — in (1839) the second year of the reign of her late Majesty Queen Victoria, chapter twenty-five — in (1840) the third year of the reign of her late Majesty Queen Victoria, chapter forty-seven — in (1843) the sixth year of the reign of her late Majesty Queen Victoria, chapter thirty. C. C., s. 641. 700 . No one shall bury the dead in any part of the City hibaed S e P xc°ept except in the public cemetery known as Camp Hill, the Roman in cemeteries. Catholic cemetery, known as the cemetery of the Holy Cross, the military burying ground at Fort Massey, the naval burying ground opposite the naval hospital, the cemetery adjoining St. John’s Episcopal Church, Fairview Cemetery, the Roman Catholic cemetery at Dutch Village, and the Jewish cemetery at Fairview. C. C., s. 642. 701 . (1.) The Cemetery at Camp Hill shall be managed Cam P Hil1 and controlled by a board of seven commissioners, to be known commission. CEMETERIES Ordinances for same. Congrega- tional allot- ments. Lots within same subject to rules of congregation. Titles confirmed. *206 / and designated as the “ Commissioners of Camp Hill Cemetery.” (2.) The hoard shall he composed of four members of the Board of Control, appointed by that Board, and three rate-payers of the City, not members of the Council, who shall he appointed by the Council and shall hold office for the term of two years, hut shall he eligible for re-appointment, and here- inafter designated citizen commissioners. (3.) Any vacancy occurring in the hoard shall be filled by the Board of Control if the vacancy is that of a member of the Board of Control or if the vacancy is that of a citizen commis- sioner by the Council for the unexpired term. (4.) The board shall elect its own chairman. (5.) The mayor, the chairman of the board, and the treasurer, shall be a board of trustees to hold in trust any funds or property bequeathed or presented for the maintenance or improvement of the said cemetery, or any lot therein. C. C., s. 642. B. C., s. 16. 702 . (1.) The Council may make ordinances to provide for the care and custody of the public cemetery known as Camp Hill. (2.) The religious principles and sentiments of every per- son shall be respected in the framing of anv such ordinances. C. C., s. 643. 703 . (1.) The portions of Camp Hill cemetery already set apart to congregations shall continue under their charge, subject to the right of the Council to regulate and control and to preserve the order and appearance of the whole. (2.) Ho clergyman shall officiate in any portion so set apart except the minister of the congregation to which the same belongs, or some one by his permission. C. C., s. 644. 704 . The purchaser of anv lot, situated within the allot- ment of any congregation, shall hold and use the same, subject to the rules of the congregation, and further subject to any ordinance of the City respecting the fencing, planting, and mode of using the lot. C. C., s. 646. 705 . (1.) The purchasers of lots in the cemetery who’ have paid for them, shall hold the same in perpetuity for them and their kindred. . (2.) The board may sell any remaining lot in perpetuity. CEMETERIES — THE COMMON AND POINT PLEASANT PARK 207 (3.) The City shall keep a record of all lots sold, with the requisite particulars to verify the holders 7 titles. C. C., s. 647. 706 . The Council may direct the further division or Further allotment of any portion of the public cemetery not already set rvlslon ' apart, C. C., s. 645. 707 . There shall be a keeper of the public cemetery Keeper of appointed annually by the Council, on the nomination of the Cemetery - board, which shall fix his compensation. He 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 in the cemetery, with the name, sex, age, and cause of death, as correctly as may be. Of this book there shall be duplicate originals to be kept by the keeper and one to be lodged in the office of the clerk. These books, or either of them, shall be legal evidence of the fact of burial. C. C., s. 648. 708 . A fee of one dollar for registry shall be paid to the Fee on keeper for the use of the City, upon every interment, and no interment other fee or charge shall be exacted. C. C., s. 649. 709 . The external walls or fences of the public cemetery Fences to be shall be kept up and repaired at the charge of the City. C. C. {? y a city! ned s. 650. 710 . The City shall be responsible for the reasonable Burials in expenses of burying in the Jewish cemetery, near F airview, cemetery, any person of the Jewish faith, for whose interment the City is properly chargeable. C. C., s. 651. 711 . The agreements respecting the burial of the poor certain entered into between the City and the F airview Cemetery confirmed. Company, and between the City and the Roman Catholic Episcopal Corporation, copies of which are set out in the schedule to chapter 49 of the Acts of 1895, are hereby con- firmed. C. C., s. 652. THE COMMON AND POINT PLEASANT PARK. (1.) — The Common. 712 . The common of Halifax, including the public gar- commission- dens, shall, subject to the general and final control and approval common 1 . ' ax of the Council, continue to be managed and controlled by a board of ten commissioners, to be called and known as the “Com- missioners of Halifax Common, 77 and constituted and appointed as hereinafter provided. C. C., s. 653. B. C., s. 16. 208 THE COMMON AND POINT PLEASANT PARK Composition of Board. President and Vice- President. Rotation in office. Vacancies. Removal of Commis- sioners. Common vested in City. Buildings prohibited. 713 . Such board shall be composed of the five members of the Board of Control and one alderman to be appointed annually by the Council and of four ratepayers of the City hereinafter designated citizen commissioners, appointed by the Council as hereinafter provided. C. C., s. 653. B. C., s. 16. 714 . The mayor shall be chairman of the board and one of the citizen commissioners shall annually be appointed vice- chairman by the board. C. C., s. 654*. 715 . The two senior of such four citizen commissioners shall retire from office on the thirtieth day of April in each year ; and two ratepayers to hold office for two years shall be chosen by the Council to fill the places of those so retiring. The citi- zen commissioners shall hold office until their successors are appointed and shall be eligible for re-election. C. C., s. 655. 716 . Any vacancy occurring in the board other than that of a member of the Board of Control shall be filled by a person appointed by the Council, to hold office in place of and for the unexpired term of the commissioner causing the vacancy. C. C., s. 656. 717 . Any commissioner, other than a member of the Board of Control, may be removed by a majority vote of the Council upon cause shown and upon the request in writing of six members of the board, one at least of whom shall be a citizen commissioner, or, without such request, upon cause shown and by a two- thirds vote of the Council. C, C., s. 657. 718 . Subject to the reservations, appropriations and lease- hold interests hereinafter set out, the title to the common shall continue to be vested in the City of Halifax in fee simple. C. C., s. 658. 719 . (1.) Ho person shall put up any building, fence or other erection within eighteen hundred feet of any of the salient angles of the fortress of citadel hill, without permission of the commander-in-chief of His Majesty’s forces in the pro- vince. (2.) The exercising ground at the north-end of the com- mon shall remain always open and free for the use of His Majesty’s troops. (3.) Ho building shall be erected on the portion of the com- mon lying between Spring Garden Boad and Morris Street and bounded westwardly by the Tower Hoad and eastwardly by South Park Street. C. C., s. 659. THE COMMON AND POINT PLEASANT PARK 209 720 . (1.) The portions of the common which have been Portions appropriated as a public cemetery, as well as a portion contain- for P specified d ing twelve acres granted and relinquished to the crown by an P ur P° ses - Act of the province passed in the first year of the reign of his late Majesty King William the Fourth, chapter fourth, shall all remain and be forever so appropriated. (2.) Every other lease or appropriation which has been heretofore lawfully made of any portion of the common is hereby confirmed. C. C., s. 660. 721 . Kothing in this Act shall affect the title of the camp Hiii. Crown or of the principal secretary of state for war to a certain piece of land on Windmill or Camp Hill. C. C., s. 661. 722 . The persons to whom leases were granted of certain Leases^ half acre lots lying on each side of the road leading westwardly lots, from Pyke’s Bridge (formerly so-called), out of the original common of Halifax, for terms of nine hundred and ninety-nine years, under chapter 13 of the Acts of 1818, and the persons deriving title from such lessees, shall hold such leases agreeably to the terms of their respective leases as modified by chapter 32 of the Acts of 1829. C. C., s, 662. 723 . (1.) The City may agree with any person holding commutation under lease as provided in the next preceding section any of ° same ‘ the said half acre lots, or any portion of a lot, for the commuta- tion or discharge of the lease, and the sale to such person of the lot or portion thereof, and may give to such person a deed of such lot, or portion, in fee simple. (2.) The price to be paid for such lots, and the other terms and conditions of such commutation, shall be fixed by the Council by ordinance. (^.) The moneys derived from any such commutation and sale shall be invested, and the income therefrom used in the improvement of the common. C. C., s. 663. 724 . (1.) The City, upon the request of the oommis- wanderers sioners of Halifax common, may demise and let to such person or association, for such a period, at such rental, and upon such other conditions, as the commissioners determine, the whole or any part of that portion of the common which is bounded east- erly by Bell road, southerly by Sackville street, westerly and northerly by Summer street and Bell road. And the commis- sioners or such lessees may enclose the whole of such demised premises with fences, and shut up any streets or ways over the same ; and any right of passage which the public or any person 14 210 THE COMMON AND POINT PLEASANT PARK Disposition of rents. Ordinances for Common. Directors of Point Pleas- ant Park. Duties of Board. whosoever at any time had or claimed over the same shall remain forever barred and extinguished. (2.) Upon the delivery of a lease of such demised premises, executed on behalf of the City by the mayor and clerk, the lessee shall be entitled, subject to the conditions of such lease, to the sole and absolute possession of the lands therein described, including any lands at any time laid off, dedicated or used as a street or highway over the same. (3.) Such lessees may erect such buildings or other struc- tures upon, and make such alterations on the surface of, the demised premises, as the commissioners determine. (4.) Nothing in this section contained shall affect any right of the Crown in any portion of the common so demised. C. C., s. 664. 725 . The rents accuring from the leased parts of the original common shall be collected by the collector, and form part of the revenue of the City, and the Council may appro- priate any sum received from such rents to the improvement and adornment of the parts of the common not appropriated or leased. C. C., s. 665. 726 . The Council may make ordinances for the care management and improvement of the common and public gar- dens, and other parks, squares and public places. C. C., s. 666. ( 2.) — Point Pleasant Parle. 727 . The four commissioners not members of the City Council at present serving as commissioners of Point Pleasant Park, and their successors, with the members of the Board of Control and two aldermen to be appointed annually by the Council, shall continue to constitute the board or body corpor- ate known as the “Directors of Point Pleasant Park,” with power in case of the death, incapacity, removal from the pro- vince, or resignation of any of the four commissioners first named, to fill up such vacancy from time to time by a new appointment, to be entered on the minutes of the board. C. C., s. 667. 728 . The board may receive any subscription or contribu- tion offered for laying out and embellishing the park; shall appoint a secretary and treasurer, whose office shall be gratui- tous, and shall employ suitable persons to superintend and perform any work therein, but the plan of any proposed change shall be subject to the approval of the officer in command of the troops and the officer commanding the royal engineers at Halifax. C. C., s. 668. citizens’ free library 211 729 . The board may, subject to the approval of the Gover- nor-in-Council, make regulations or by-laws for the mainten- ance of good order and decorum in the park, the preservation thereof, and the duties of the park-keeper and other officers, but no fees or tolls shall be exacted for the use of the park. C. C., s. 669. 730 . Nothing in the foregoing provisions with respect to Point Pleasant Park shall be construed to prevent His Majesty’s principal secretary of state for war at any time here- after from taking exclusive possession of any portion of the park, which is required for the formation of forts or batteries, or for any other military purpose connected with the imperial service. C. C., s. 670. citizens' free library. 731 . (1.) The Citizens’ Free Library shall be managed by a board of nine commissioners, to be known and designated as the “Library Commission.” (2.) The board shall be composed of the members of the Board of Control and one alderman to be appointed annually by the Council, and three ratepayers of the City, not members of the Council, hereinafter designated “citizen commissioners,” who shall be appointed by the Council and shall hold office for three years and shall be eligible for re-appointment. (3.) Any vacancy occurring in the board, other than that of a member of the Board of Control, shall be filled by the Council for the unexpired term. (4.) The mayor shall be chairman of the board. (5.) The mayor, the treasurer and the auditor shall be a board of trustees, to hold in trust any funds or property bequeathed or presented for the maintenance or improvement of the library. (6.) The three ratepayers appointed by the Council hold- ing office as commissioners at the coming into force of this Act shall continue to hold office for the terms for which they were respectively appointed. 1907, c. 69, s. 31. Regulations by Board. Rights of Crown preserved. Library Commission. Fire depart- ment to be under Board of Control. Board to control expen diture of department. Yearly- estimate. Report on requirements. Chief officer. Other officers and men. 212 FIREWARDS FIRE DEPARTMENT PART IX. OF THE PREVENTION OF FIRES AND THE FIRE DEPARTMENT. FIREWARDS. 732 . The Board of Control shall have the management and supervision of the fire department of the City. B. C., s. 15. 733 . The expenditure of all moneys in connection with ' the fire department shall be made through the Board and all accounts in connection therewith shall be submitted to the Board for examination, and the same, if correct, shall be certi- fied by the mayor and sent to the Council for approval, and the Council shall direct payment of the same if approved. C. C., s. 673. 734 . The Board shall annually submit to the Council an estimate of the amount required for purposes of fire protection for the year, and the Council may grant the same or such other amount as the Council determines. C. C., s. 674. 735 . The Board may also, as often as it deems requisite, report to the Council the condition of the apparatus for the prevention and extinguishment of fire and what repairs or additions thereto are required, and an estimate of the cost there- of. C. C., s. 675. FIRE DEPARTMENT. 736 . The Council, on the nomination of the Board, shall appoint a chief officer for the fire department, hereinafter refer- red to as “the chief officer/ 7 who shall be paid such salary as the Council, on the recommendation of the Board determines, and shall hold office as hereinbefore provided. C. C., s. 676. 737 . (1.) The Council, on the nomination of the Board, shall appoint such other permanent and paid officers and men for the department, and such call firemen at such salaries or wages and on such terms as it from time to time determines, on the recommendation of the Board. (2.) The City may also employ such supernumerary fire- men, not exceeding six in each division, as the Board deems necessary. The conditions on which such supernumerary fire- men shall be employed shall he determined by regulations made by the Board, subject to approval by the Council. C. C., s. 677. FIRE DEPARTMENT 213 738. (1.) The chief officer of the fire department shall chief officer have entire and absolute control at any fire at which he is pre- at fire, sent, and shall not be interfered with by any person whomsoever. (2.) In the absence of the chief officer, his duties shall be discharged by the senior officer present. C. C., s. 678. 739. The officer in charge at any fire may direct any por- street may tion of any street to be roped off, and any person attempting at fi?£ ed to pass along any portion of the street so roped off, or to inter- fere with the ropes, may be forthwith arrested by any police officer, and detained in the city lock-up until he can be brought before the stipendiary magistrate, and shall be liable to a penalty not exceeding ten dollars, and in default of payment to imprisonment for a period not exceeding ten days C. C., s. 679. 740. (1.) The officer in charge at any fire, with the p,J 1 ^ d il ^ ng concurrence of three members of the Board present, mav direct any building to be pulled down if in their judgment the doing so will tend to prevent the further spread of the fire. (2.) If three members of the Board are not present, any concurrence which might be given by a member thereof may be given by any alderman present. C. C., s. 680. 741. The officer in charge at any fire and the firemen may, Or broken for the purpose of extinguishing the fire, or- preventing its mto ’ spreading, or the removal of property, break and enter into any building or premises on fire, or threatened therewith, or entry into which is deemed necessary. C. C., s. 681. 742. The chief officer may demand admission into scrj Dangerous building or premises in which he has reason to believe there is — be^spected.' (a) any dangerous chimney, stove or stove pipe ; or ( b ) any dangerous accumulation of combustible or ex- plosive materials, or in which such materials are habitu- ally placed or stored in a dangerous place or manner ; or (c) any other ground for apprehending danger of fire, and may inspect such building or premises. C. C., s. 682. 743. If the chief officer is of opinion that such building Report by or premises are in a dangerous condition, or that combustible chief officer ‘ or explosive materials are placed or stored therein in a dan- gerous manner, he may request the owner or occupier of the building or premises to remove the cause of danger or desist from using the building or premises in a dangerous manner, or to have such material removed or properly placed or stored, as the case may be, and if such owner or occupier fails to comply 214 FIRE DEPARTMENT Notification to owner. On failure of compliance, Board may- act. Meddling with apparatus prohibited. Right of way for apparatus. Dangerous businesses prohibited. with such request, shall report the matter to the Board. C. C., s. 683. 744 . The Board, on receiving any such report, may notify such owner or occupier to have such building or premises at once put in a safe condition, or any such material removed or properly placed or stored, or to desist from storing any such material in the building or upon the premises, as the case may be. C. C., s. 684. 745 . (1.) If any person so notified fails to compv there- with for forty-eight hours, he shall, for each day during which such failure continues, be liable to a penalty not exceeding twenty dollars, and in default of payment thereof, to imprison- ment for a period not exceeding ten days. (2.) The Board may also, whether a penalty has been im- posed or not, remove the cause of danger, and may recover the expense of so doing from the owner of the building or premises by action in the name of the City. C. C., s. 685. 746 . Any person wdio wilfully, and without reasonable excuse, meddles or interferes with any apparatus for the extin- guishing of fire in use at any fire, shall be liable to a penalty not exceeding eighty dollars, and in default of payment, to imprisonment for a period not exceeding three months. C. C., s. 686. 747 . The officers and men of the fire department, when going to any fire with the engines or other apparatus, shall have the right of way on any street, and any person who wilfully or negligently obstructs or retards the passage of any such engine or apparatus shall for every such offence be liable to a penalty not exceeding fifty •dollars, and in default of payment, to im- prisonment for a period not exceeding three months. 1907, c. 69, s. 30. 748 . (1.) Ho person shall establish in any part of the City any manufactory or business of such a character as to cause increased danger of fire to the adjoining properties without first obtaining the permission of the Council. (2.) Such permission may be given upon such terms and conditions in respect to the establishment and operation of the manufactory or business as to the Council seems fit, and upon failure to comply therewith, such permission may be revoked, and the manufactory or business shall thereupon be discon- tinued, and such discontinuance may, if need be, be enforced by action in the name of the City. C. C., s. 687. UNION PROTECTION COMPANY — FIRE ALARM TELEGRAPHS 215 ORDINANCES. 749 . The Council, on the recommendation of the Board ordinances, of Control, may make ordinances — (a) for the regulation of the fire department; (5) for the prevention of the occurrence or spreading of fires; (c) for regulating the storage of any goods, apparatus or property liable to explode or cause danger in case of fire. C. C., s. 688. UNION PROTECTION COMPANY. 750 . (1.) Nothing in this Part of this Act contained union shall affect the rights and status of the Union Protection company? Company. (2.) The Council, on the recommendation of the Board of Control, may make such annual grant as it deems fit to that company, on condition that the company provides and keeps, to the satisfaction of the Council, a sufficient number of horses and drivers, waggons and other apparatus, on its premises ready for use at fires. (3.) The members of the company at any fire may enter any building on fire, or threatened with fire, for the purpose of saving property therein. C. C., s. 689. FIRE ALARM TELEGRAPHS, ELECTRIC SYSTEMS AND FIRE ESCAPES. 751 . The City may maintain a fire alarm telegraph, and wires may be may attach the wires thereof to any building or structure, bunlungs^r public or private, within the City, doing no more damage than church bens is necessary, and may also attach a striker to any church bell or other bell, and for doing so shall not be liable to any action or claim for damage or injury, except such as is occasioned by the negligence or unskilfulness of its employees or servants. C. C., s. 690. 752 . (1.) The Council, on the nomination of the city^ Board of Control, shall annually appoint a person skilled in the science of electricity to he city electrician. He shall hold office for one year, and shall receive such salary as the Council on the recommendation of the Board of Control determines. (2.) The person so appointed shall be under the direction of the Board of Control. He shall have charge of the fire alarm telegraph and of any other electrical apparatus of the City, and perform such other duties as are specified by the Council or the Board of Control. C. C., s. 691. 216 FIRE ALARM TELEGRAPHS, ELECTRIC SYSTEMS, ETC. May inspect buildings. Permit for wiring. Defective installation. Wires to be placed a§ directed. Ordinances. 753 . The electrician may enter into any dwelling-house at any reasonable time, and any public building or building used for the purpose of entertainment or amusement at any time, for the purpose of inspecting or testing the electric system, fittings or accessories thereof, and ascertaining whether the same conform to law. C. C., s. 692. 754 . No person shall — (a) place in or upon any building any wire for the transmission of electricity, or any apparatus, attach- ment or fitting for electrical purposes ; or (b) make any alteration or change in the plan of wiring any building for electricity, without first obtaining a permit therefor from the electrician, to be issued by him upon such terms and conditions as he deems proper. C. C., s. 693. 755 . If any installation or system of electric wiring or plant for the generation of electricity, or any apparatus or fitting in connection therewith, becomes so defective as in the opinion of the electrician to threaten an immediate danger to life or property, the electrician may immediately suspend the operation of the same until the necessary repairs have been effected. C. C., s. 694. 756 . (1.) The Board of Control may direct that any wire for the transmission of electricity may be placed upon any pole supporting a wire for the transmission of a similar class of electricity, whether it is the property of the owner of the wire or of any other person. (2) Every person who refuses to comply, or to permit compliance with any such direction, shall be liable to a penalty not exceeding ten dollars for each day on which such refusal continues. (3.) In addition to such penalty, the Board may itself place the wire as directed, and recover the cost of so doing from the person so failing to comply. (4.) The amount of rent or other compensation to be paid for the use of any pole on which any wire the property of some person other than the owner of the pole has been placed under this section, shall, if the persons interested are unable to agree, be determined by the engineer. C. C., s. 695. 757 . The Council, on the recommendation of the Board of Control, may make ordinances — (a) for regulating the erection, maintenance and loca- tion of poles and wires in the streets ; MISCELLANEOUS — BOARD OF FIRE ESCAPES, ETC. 217 ( b ) for regulating the construction, maintenance, and operation of the fire alarm telegraph, and (c) for the registration and licensing of persons engaged in the business of electric wiring and the manner in which electric wiring shall he done, and the character of materials to he employed therein. C. C., s. 696. MISCELLANEOUS. 758 . Every person who wilfully and without reasonable excuse by outcry or ringing of bells, or starting an alarm from any fire alarm telegraph box, or otherwise makes or circulates, or causes to be made or circulated, any false alarm of fire, shall be liable to a penalty not exceeding forty dollars, and in default of payment to imprisonment for a period not exceeding one month. C. C., s. 697. 759 . (1.) If any chimney or flue, or any apparatus for heating, lighting, power, or other purpose, on any premises, is, in the opinion of the inspector of buildings, unsafe by reason of endangering the premises by fire or otherwise, the inspector shall at once notify in writing the owner, agent, occupier, or other person having an interest in such premises, and shall require him to make the same safe. (2.) If the person so notified fails to comply at once with the requirements of the notice, he shall be liable to a penalty of not less than ten nor more than thirty dollars for every day during which such failure continues. (3.) The decision of the inspector as to the unsafe condi- tion of such chimney, flue, or apparatus, shall be conclusive. C. C., s. 698. BOARD OF FIRE ESCAPES. 760 . (1.) The Board of Control shall be the Board of Fire Escapes for the City, under the provisions of the Fire Escapes Act. (2.) The Council, on the recommendation of the Board of Control, may make ordinances not inconsistent with the pro- visions of that Act, regulating the location, construction and maintenance of fire escapes. C. C., s. 699. B. C., s. 14. SUPERANNUATION FUND FOR FIRE DEPARTMENT. 761 . (1.) The fund for the Superannuation of the per- manent officials and employees of the fire department estab- lished by chapter 72 of the Acts of 1907 is hereby continued. (2.) The following provisions relating to such superan- nuation fund shall not apply to the callmen and supernumer- aries. 1907, c. 72, s. 1. False alarm of fire prohibited. Dangerous chimneys, Board of Fire Escapes. Firemen’s Superannua- tion Fund. 218 SUPERANNUATION FUND FOR FIRE DEPARTMENT Trustees and control of fund. How moneys of fund drawn. Annual report. Deficiency to be paid by city. Employees of department to contribute to fund. Contribution optional over 55 . 762 . The mayor, the auditor, the treasurer and a member of the Board of Control, appointed by the Board, shall be the trustees of the fund, and the treasurer shall be the treasurer thereof. The fund and all accounts in connection therewith shall be kept separate from the other moneys and accounts of the City, but shall be audited by the auditor in like manner as the other accounts of the City, and shall be managed by the trustees, subject to the control of the Council. The fund may be invested in any investment authorized by the Trustees’ Act. 1907, c. 72, s. 2. 763 . (1.) The moneys of the fund shall not be drawn out except on the cheque or order of the trustees, or any two of them, one being the treasurer. (2.) Such cheque or order shall not be made except upon the authority of a resolution of the Council passed upon a report of the Board of Control recommending the payment. 1907, c. 72, s. 3. 764 . The trustees shall make an annual report to the Council respecting the amount and state of the fund, showing how the same is invested and the name of every person receiv- ing payment from the same, with the amount of the payment. 1907, c. 72, s. 4. 765 . If the fund in any year is not sufficient to meet all the claims against it, the sum required to meet any deficiency shall be paid out of the revenues of the City, and shall be provided for specially in the estimates and rated and collected along therewith. 1907, c. 72, s. 5.- 766 . Every official or employee of the fire department on the 25th day of April, 1907, who is appointed for life or during good behaviour, or who is annually appointed, and who was on the said date under the age of fifty-five years, and every official or employee thereafter appointed to any office in the fire department held during good .behaviour or which is annually filled by appointment, shall contribute to the fund an amount equal to four per cent, of his salary, such amount to be deducted monthly from his salary. 1907, c. 72, s. 6. 767 . Every such official or employee of the City who, at the date aforesaid, was over the age of fifty-five years may, at his option, contribute such amount of four per cent, on his salary to the fund, and in such case shall be entitled to receive an allowance from the fund as hereinafter provided. 1907, c. 72, s. 7. SUPERANNUATION FUND FOR FIRE DEPARTMENT 219 768 . Every official or employee who has contributed to the fund for ten years or more, and who has reached the age of sixty years, may, on the recommendation of the Board of Con- trol, be permitted by the Council to retire from his employment and to receive from the fund an annual allowance for the remainder of his life. Such allowance shall be determined by the average amount of the yearly salaries on which he has con- tributed, and shall he equal to one-fiftieth of such average amount for each year in which he has contributed; provided, that in no case shall the amount of such allowance exceed thirty- fiftieths of such average amount. 1907, c. 72, s. 8. 769 . Every official or employee who has contributed to the fund for thirty years or more, and who has reached the age of sixty years, shall he entitled to retire from his emrdoyment and to receive from the fund for the remainder of his life an annual allowance equal to thirty-fiftieths of such average amount of his salary. 1907, c. 72, s. 9. 770 . (1.) Every official or employee who has contri- buted to the fund for ten years or more, and who has on the recommendation of the Board of Control, and on the report of two physicians, one of whom shall be the medical officer, been declared by the Council to be incapacitated or unfit for the discharge of his duties, and is retired from his office or employ- ment by a two-thirds majority vote of the whole Council, shall receive from the fund an annual allowance, computed as here- inbefore provided, until the amounts so paid by way of allow- ance equal the amounts which he has contributed to the fund with interest thereon at three per cent per ‘annum, and there- after he may be paid from the general revenues of the City, to be raised by taxation, such allowance as the Council deter- mines. (2.) Nothing in this section shall applv to any official or employee who is dismissed by the Council for misconduct or other cause. 1907, c. 72, s. 10. 771 . (1.) Any official or employee who is permanently appointed, and who has contributed to the fund for not less than two years, and who voluntarily retires from employment by the City without being permitted to receive an allowance on retirement as hereinbefore provided, or is dismissed by the Council for cause, shall be entitled to receive from the fund in one payment one-half of the total amount which he has contri- buted, without interest. (2.) A.ny official or employee who is appointed from year to year, and any official whose office is abolished by law and who has contributed to the fund for not less than two years and Right to participate at 60 after 10 years con- tribution. Participation after 30 years contribution. Participation on retirement from incapac- ity. Voluntary retirement or dismissal for cause. 220 SUPERANNUATION FUND FOR FIRE DEPARTMENT Wife or child — right of before super- annuation. Their right after super- annuation. Other dependents. Thirty years employment and ten years contribution. Allowances to be paid quarterly. who fails at any time hereafter to be re-appointed, or whose office is abolished, shall he entitled to receive from the fund in one payment an amount equal to the total of his contributions, without interest. (3.) In no case shall any official or employee who has contributed to the fund for less than two years be entitled to receive any allowance or payment whatever from the fund. 1907, c. 72, s. 11. 772 . If any official or employee who has contributed to the fund dies before being superannuated, leaving a wife or child who is a minor or who is dependent upon him, such wife or child shall be entitled to receive from the fund in one pay- ment an amount equal to his total contributions, without interest. 1907, c. 72, s. 12. 773 . If any official or employee who has been super- annuated dies before he has received in allowances an amount equal to his contributions, leaving a wife or child who is a minor or who is dependent upon him, such wife or child shall be entitled to receive from the fund in one payment an amount equal to the difference between the amount which he has receiv- ed and the total amount of his contributions, without interest. 1907, c. 72, s. 13. 774 . In either of the cases specified in the next two pre- ceding sections if the official or employee leaves at his death no wife or child, but leaves a mother or father or sister or other relative dependent upon him, the trustees of the fund may, in their discretion, pay to such relative the amount in such sections directed to be paid to such wife or child. 1907, c. 72, s. 14. 775 . Any person who has been in the employ of the fire department for not less than thirty years, and who has con- tributed to the fund for not less than ten years, and who has reached the age of sixty-five years may, on the recommendation of the Board of Control, be permitted by the Council to retire from his employment and to receive for the remainder of his life an annual allowance equal to thirty-fiftieths of his average salaries as hereinbefore specified, and the difference between the amount of the allowance which he is entitled to receive from the fund and the amount of such thirty-fiftieths shall be paid out of the general revenue of the City raised by taxation. 776 . All allowances so paid under the foregoing provisions shall be paid quarterly in advance. BUILDINGS INTERPRETATION 221 PART X. BUILDINGS. , INTERPRETATION. 777 , In this Part of this Act, unless the context otherwise Definitions, requires : — The expression “alteration” means any change in or addi- Alteration, tion to a building, provided that the same does not increase the area covered by the building changed or altered. The expression “basement” or “cellar” means a lower story ^j|“ entor of which one-half or more of the height from the bottom of the story to the underside of the floor joists of the story next above is below the mean grade of all the streets adjoining the building, or of the natural ground so adjoining, provided that such grade of the ground is not below the grade of the street at the principal front. The expression “building” includes every part of any Building, building. The expression “composite building” means a building partly of second-class construction and partly of third-class construction. The expression “building district” means the district f r ^[ dingdis " limited by this Part of this Act, within which no building may be erected not of the first or second-class. The expression “dwelling” means a building used as a Dwelling, residence by not more than two families above the first story, and by not more than three families in any case. The expression “external wall” means every outer wall or External wall, vertical enclosure of a building other than a party wall. The expression “foundation” means the portion of a wall Foundation, below the level of the street curb, or when the wall is not on a street, means the portion of the wall below the level of the high- est ground next to the wall, but the foundation of a party wall or partition wall may be construed by the inspector to mean the portion below the cellar floor. The expression “height” as applied to any building means ^ u °\ g Uof the vertical distance of the highest point of the roof above the mean grade of the curbs of all the streets adjoining the build- ing, or the mean grade of the natural ground so adjoining, if such grade of the ground is not below the grade of the curb. 222 BUILDINGS INTERPRETATION Height of wall. Inspector. Lodging house. Owner. Party wall. The expression “height” as applied to any wall means the height from the mean grade of the ground adjoining the wall to the highest point of the wall. The expression “inspector” means the inspector of build- ings appointed under this Act. The expression “lodging-house” means a building in which persons are accommodated with sleeping apartments, and includes hotels, and apartment houses in which cooking is not done in the general apartments. The expression “owner” includes a part owner, joint owner, tenant in common, or joint tenant of the whole or any part of any land or building, and also includes any trustee, executor, guardian, agent or other person having the care or control of any land or building in case of the absence or disability of the person having the title thereto. The expression “party wall” means every wall used or built to be used as a separation of two or more buildings, and form- ing an integral part of each such building. Partition wall. The expression “partition wall” means an interior wall of masonry or other non-combustible material in any building. Public build- ing. Repairs. Story. Street Tenement house. The expression “public building” means any building adapted to contain an audience room or assembly hall, capable of seating not less than two hundred people in sight or hearing of the stage, and every theatre, but does not include any armoury or church the floor of the assembly room of which is not more than seven feet above the grade of the street at the principal entrance. The expression “repairs” means any re-construction or renewal of any existing part of any building, or of its fixtures or appurtenances, which does not lessen the strength, or increase the fire risk of the building, and is not made in the opinion of the inspector for the purpose of converting the building in whole or in part into a new one. The expression “story” means the portion of a building between the top of any floor beams and the top of the floor beams next above. The expression “street” means any public way, alley, lane or court, and any part of a public place used by the public for purposes of travel. The expression “tenement-house” means a building which, or any part of which, is occupied or intended to be occupied as a dwelling by more than three families living independently of one another, and doing their cooking on the premises, or by more than two families above the first story, so living and cook- ing, and includes apartment houses, family hotels and flats in which families are so living and cooking. INSPECTOR OF BUILDINGS 223 The expression “thickness” as applied to any wall means Thickness, the minimum thickness thereof. C. C., s. 700. 1912, c. 82, s. 13. APPLICATION. 778 . Nothing in this Part of this Act shall apply to any Not to apply bridge, quay or wharf. C. C., s. 701. wharv^f ° r INSPECTOR OF BUILDINGS. 779 . (1.) The Council, on the nomination of the Board Appointment of Control, shall appoint a person to be inspector of buildings of Insp6Ctor - for the City. The person appointed shall be an architect or civil engineer of not less than five years’ standing. (2.) In case of a temporary absence or disability of the Substitute in inspector, he may appoint a substitute having the qualification sence. required for inspector, and such substitute shall, during such absence or disability, have the powers and perform the duties of the inspector. C. C., s. 702. 780 . (1.) The inspector shall perform the duties by this Duties. Act appointed to be performed by him, keep records of all matters coming before him, and make a yearly report of his doings to the Council. (2.) The inspector shall examine every building in course Records, of construction or alteration, and any building reported to be in an unsafe condition, and shall make a record of any violation of any provision of this Part of this Act, stating the nature of the violation, the street and number or locality at which such violation is found, the owner of the building, the architect and master mechanic employed, and any other matter in his judg- ment proper to be stated. Such record shall at all times be open to the inspection of the chief officer of the fire department or any other official of the City or County, or any other person whose property may be affected by the matter to which the record relates. (3.) The inspector may be requested by the Board of Examination Control or the chief officer of the fire department to make an examination of any building in which a fire has occurred, for the purpose of ascertaining if possible the cause of the fire. (4.) The inspector may at any time of the day enter into May enter any building or premises for the purpose of performing his premises - duty, and any person refusing him admission into any building or part thereof, or obstructing him in the discharge of his duty therein, shall for each such offence be liable to a penalty not exceeding ten dollars, and in default of payment, to imprison- ment for a period not exceeding fourteen days. C. C., s. 703. 224 BUILDING PERMITS PERMITS. Permit. 781. (a) No building shall be erected, altered 6r re- paired, and ( b ) no building damaged by fire, or other casualty, shall be repaired or restored to its former condition, and ( c ) no work which impairs the strength cr increases the fire risk of any wall, structure or building, shall be done, except upon a permit from the inspector, and in conformity with the provisions of this part of this Act. C. C., s. 704. a>nf orm°tc) S to ^2. Any alteration made in a structure shall conform to Act the provisions of this Part of this Act for a new structure; but if the alterations to be made are of such extent as when done to practically produce a new structure, or impair the stability or increase the fire risk of the structure as a whole, then the entire structure shall be made to conform to such provisions. C. C., s. 705. Buildings damaged by- fire. 783. In case of a building which has- been damaged by fire or other casualty, the inspector shall specify in the permit whether — (a) it may be restored to its former condition, or (b) shall be reconstructed in some or all of its parts. C. C., s. 706. Ap p Region 784. (1.) Every person proposing to erect, or to alter or repair ai^y building, shall, within ten days before beginning any work thereon, give notice in writing to the inspector of his intention, and apply for a permit therefor. (2.) Such application shall contain — (r the purpose of performing any work under this section, the mayor, as chairman of the Board of Control, may borrow on the credit of the City the amount required for such work from any bank or fund available, and the amount so borrowed, with any interest payable thereon, shall be repaid out of the moneys from time to time collected from the owner of the property on which such work was done, and any balance after such repayment shall be paid into the general sinking fund. 1910, c. 47, s. 10. 865 . (1.) ]STo soap and candle manufactory, brewery, machine shop, steam mill, steam engine, distillery, lime kiln, tannery or other establishment, manufactory, or trade, danger- ous or productive of serious inconvenience or discomfort to the persons living near to the same, shall be established, continued or carried on in any part of the City, unless by permission of the Council. (2.) Every such establishment erected without such per- mission shall be deemed a common nuisance, and may be pro- ceeded against by action at the suit of the City, and in addition, the person establishing or operating the same shall be liable to a penalty not exceeding twenty dollars for every day the same is operated after notice in writing from the mayor forbidding such operation. (3.) The Council mav from time to time make ordin- ances to regulate the establishments mentioned in this section, and to prescribe the limits and location of such establishments, and to affix penalties for any violation thereof. C. C., s. 785. 866 . (1.) When any matter is reported by the board to the Council as being urgent, or requiring immediate action by the Council, or by the Council and board jointly, the Council PUBLIC HEALTH 261 shall meet and deal with the same within one week after the report or recommendation is sent by the board to the Council, and the Council shall thereupon enforce the recommendation of the board, or certify in writing to the board its reasons for declining to adopt the report or accept the recommendation of the board. (2.) On failure of the Council to so meet or so deal with any such report or recommendation, the board may carry out and enforce its report or recommendation in the same manner as the Council could do, and every officer and department of the city government shall thereupon carry out and enforce and do any necessary act, matter or thing, to carry out the order or direction of the board in the same manner as if the report or recommendation had been approved by the Council, and the officer or department had been instructed by the mayor to carry out and enforce the same as a resolution of the Council C. C., s. 786. 867 . For the purpose of investigating any complaint or power to matter affecting the public health, or carrying out any duty investigate, imposed by law upon it, the board may hold a court of inquiry, and may summon witnesses and hear testimony, and may com- pel witnesses to attend before it, and for that purpose may direct a warrant for the arrest of any witness, signed by the chairman or acting chairman, to be issued, directed to the chief of police, who shall cause such witness to be arrested and brought before the board, and if such witness refuses to be sworn or give evid- ence, the chairman or acting chairman, by his warrant, may commit him to the county gaol, there to remain until he signifies his willingness to testify. C. C., s. 787. 868. (1.) The Council may, on the recommendation of °° r m P en | ation the board, make compensation to any person whose property, destroyed, goods or effects, have been destroyed, or who has suffered pecuniary loss by the enforcement of any by-law or order of the board, but nothing herein contained shall be construed as con- ferring any claim on, or creating any liability in favor of, any person whomsoever for any damage, direct or indirect, so done. (2.) Any amount so paid by way of compensation shall — (a) if the same does not exceed one thousand dollars, be included in the next estimate for rates and taxes, or ( b ) if it exceeds one thousand dollars, be borrowed by the City, and be repaid in three yearly instalments. C. C., s. 788. 869 . The board shall make an annual report of mortuary Annual report, statistics to the Governor-in-Council and to the Council. C. C., s. 789. 262 CITY MEDICAL OFFICER Expenditure by Board. City medical officer. 870 . (1.) A sum not exceeding five thousand dollars shall he placed in the civic estimates each year, and rated and collected for the purposes of public health. Every account contracted by the board shall be certified by the chairman, and submitted to the Council for approval, and paid on the warrant of the mayor and auditor, in the same manner as the other accounts of the City. (2.) If the said sum of five thousand dollars is insufficient for the requirements of the board for any one year, or if any extraordinary expenditure is required by reason of the out- break, or threatened outbreak, of any epidemic disease in the Citv, the Council shall, on the request of the board, grant all such extra amounts as the board calls for, and may, if neces- sary, borrow the amount required from any bank. (3.) If the extra amount so required does not exceed ten thousand dollars, the Council shall include the same in the estimates for the next civic year, and the same shall be rated and collected together therewith. If such extra amount exceeds ten thousand dollars, the sum of ten thousand dollars thereof shall be included in the next civic estimates and rated and collected together therewith, and a further sum or sums of ten thousand dollars each (or in the case of the last instalment such amount as is then remaining unpaid) shall similarly be included in the civic Estimates for each succeeding year until the whole of such extra amount is paid. (4.) Until such amounts have been so rated and collected, the City may borrow any moneys required to discharge debts contracted by the board from any bank, and the interest pay- able on any moneys so borrowed shall be included in the amounts rated upon the property and inhabitants. 1908, c. 75, s. 5: 1911, c. 38, s. 6. CITY MEDICAL OFFICER. 871 . The Council, on the nomination of the Board of Con- trol, shall annually appoint a medical officer for the ensuing civic year, who — (a) shall he a duly qualified medical practitioner of not less than five years’ standing, ( b ) shall hold office in the same manner and upon the same general terms as other city officials who are appointed annually; and (c) shall receive such yearly salary as the Council, on the recommendation of the Board of Control, from time to time determines. C. C., s. 792. CITY MEDICAL OFFICER 263 872 . The duties of such medical officer shall he: — His duties. ( a ) to visit, when requested by the mayor, the chief of police, treasurer, desk, engineer, or other head of a civic department, any policeman or other official or employee of the City, absent from duty on the ground or plea of ill-health, and to report to the proper authority as to the nature of such illness; ( [b ) to attend gratuitously to any policeman, fireman, or other city official or employee suffering from any injury or illness sustained or contracted while in the perform- ance of his duty, and also to any person brought to the police station and requiring immediate medical attend- ance; (c) to attend at such times and places as the city health board appoints, for the purpose of vaccinating, and to vaccinate, free of charge, such persons as the board determines, and to see that public notices of such gratuitous vaccinations are duly given in such way as the board prescribes; ( d ) to attend on any inmate of the City Home or Rock- head prison, requiring medical attendance (other than any case of infectious disease) ; (e) to examine as to the physical fitness of every appli- cant for the position of policeman or fireman; (/) to examine as to mental condition every person in respect to whom an application is made for his admis- sion to the Hova Scotia Hospital as an insane pauper chargeable to the City; ( g ) to perform such other duties as at the coming into force of this Act were performed by the medical officer ; ( h ) to report before the close of the civic year upon the business transacted, and such other matters as he deems of interest. C. C., s. 793. 873 . The medical officer shall be under the control of and To be under be subject to the orders of the Council. C. C., s. 794. Council. 0 * 874 . In any case in which, owing to the absence from the To pay for • City without leave, neglect or other misconduct of the medical other C pra°cu- officer, any of his duties are necessarily performed by another tioners - medical practitioner, the fees payable to such practitioner shall be deducted from the next payment of salary made to the medical officer ; provided that nothing herein shall apply to the consulting fees of medical practitioners called in by the medical officer in very serious cases. C. C., s. 795. 264 PUBLIC SCHOOLS To treat in- fectious cases. Other practi- tioner if medical officer quarantined. School board, how consti- tuted. To be body corporate. Tenure of office of com- missioners appointed by Government. Tenure of those ap- pointed by Council. 875. The medical officer shall also, when so directed by the city health hoard, attend and report upon any case of infections disease occurring in the City, and superintend the disinfection and placarding of any infected building, and gen- erally do and perform such duties in relation to such disease as the board orders and directs. C. C., s. 796. 876. In the event of an outbreak in the City of small-pox or other infectious disease, rendering it necessary for a medical practitioner to be quarantined in attendance upon patients affected with such disease, and confined in a hospital in that behalf, the city health board may appoint any duly qualified medical practitioner for that purpose, and may pay him such sum for his services as the board deems fit. C. C., s. 797. PART XII. EDUCATION. PUBLIC SCHOOLS. 877. (1.) The City shall be one school section, and there shall be twelve commissioners of schools for such City, who shall be resident payers of school rates and shall be appointed, six by the Governor-in-Council, and six by the Council as in this part provided. C. C., s. 798. 1907, c. 67, s. 2. 878. The twelve commissioners so appointed shall consti- tute a board of school commissioners for the City, and such board shall be a body corporate, under the name of the Board of School Commissioners for the City of Halifax, in this part referred to as the board, and, subject to the provisions of this Part, shall have all the powers and perform all the duties conferred and imposed upon trustees and commissioners respectively of schools by the Education Act. C. C., s. 799. 879. The six commissioners appointed by the Governor- in-Council shall hold office for the period of three years, the two senior commissioners retiring on the first day of November of each year; and the Governor-in-Council shall appoint two persons to fill the places of the two retiring commissioners, who shall hold office for three years. C. C., s. 800. 880. The commissioners appointed by the Council shall likewise hold office during the period of three years, the two senior commissioners retiring on the first day of November in each year; and the Council on the first day of November of PUBLIC SCHOOLS 265 each year, or as soon thereafter as conveniently may be, shall appoint two persons to hold office for three years, to fill the places of the two retiring commissioners. C. C., s. 801. 881 . Any such commissioner, whether appointed by the Commission- Govemor-in-Council, or the Council, shall be eligible for for re-ap- re-appointment to the board for a second term of three years, P omtment but not for a third term, until the expiration of twelve months from the time of his going out of office C. C., s. 802. 882 . (1.) No person shall be qualified to be appointed, or to be, a member of the board who — ( a ) is not a resident of the City and rated for school rates therefor ; (5) while in office becomes bankrupt 'or insolvent, or who compromises wfith or makes an assignment for the benefit of his creditors; Disqualifica- tion of com- missioners. ( c ) accepts or holds office, commission or employment, permanent or temporary, in the service of the board to which any salary, fee, wages, allowance, emolument or profit of any kind is attached. ( d ) directly or indirectly, alone or with any other per- son, by himself or by the intervention of a trustee or third person, holds, enjoys, undertakes, or executes, any contract, expressed or implied, or any service or work with or for the board, in respect to which payment is to be made out of the funds or revenue of the board directly or indirectly, or is concerned or interested in any such contract, service or work; provided that nothing in this clause shall render ineligible any person by reason of his being a member of a joint stock company having a contract with, or employment from the board unless such person is president or director or manager of such company. (2.) Any commissioner who becomes disqualified under any of the provisions of this section shall vacate his seat, and the board shall by resolution declare such seat to be vacant. 1907, c. 67, s. 4. 883 . Any casual vacancy in the board caused by death, casual resignation, removal from the City, refusal or inability to act, or other cause, shall be filled by a person appointed by the authority who appointed the person causing the vacancy, to hold office for the unexpired term of such person. C. C., s. 803. 884 . If from any cause any commissioner to be appointed conjm^sion- either by the Governor-in-Council or by the Council has not office until been appointed at the time fixed for such appointment, or hav- appointed 8 266 PUBLIC SC BOOLS ing been appointed does not act, the commissioners who have been appointed and consented to act may continue to act until any vacancy so existing is filled up C. C., s. 804. ©“appoint? ^85. Notice of every appointment of commissioners shall Gazette 2 Royal bo published in the Royal Gazette as soon as conveniently may be after the same is made. C. C., s. 805. Chairman and vice-chairman. Committees. Secretary. Property vested in Board. Board to provide school accom- modation. School areas may be ap- portioned. Board may co-operate with other school bodies. 886. At the first meeting in November in each year, the board shall elect a chairman and vice-chairman, who shall, if they continue members of such board, remain in office until their successors are appointed. C. C., s. 806. 887 . The board may, at the first meeting in November, or at any other meeting, appoint such standing and special committees as the board from time to time deems requisite, and assign to any such committee such powers and duties as the board deems fit. 1907, c. 67, s. 5. 888. The board shall appoint its own secretary and fix his salary. C. C., s. 807. 889 . The title to all public school property, real and per- sonal, within the City, shall be vested in the board, and the board may, with the approval of the Governor-in-Council first obtained, sell and dispose of the same, or any part thereof, and may, subject to the provisions of this part of this Act, place the proceeds in the school sinking fund, or apply them for any of the purposes for which the City may be required to issue deben- tures as hereinafter specified, as the board deems expedient. 1907, c. 67, s. 6. 890 . The board shall take all necessary steps to provide sufficient school accommodation, and shall furnish annually to the superintendent of education a report of proceedings under this Act, also returns of all schools subject to its control, and a statement of the appropriation of all moneys received and expended by it Under the provisions of this Act or the Educa- tion Act. C. C., s. 809. 891 . The board may, by resolution or otherwise, apportion to each school or department an area within which the pupiiS attending such school, or department must reside. C. C., s. 810. 892 . The board may co-operate with the governing body of any school in the City on such terms as to the board seems right, in order that the benefits of such school may be as genera] as circumstances will permit; and the board may make such PUBLIC SCHOOLS 267 allowance to any such school out of the funds under its control as is deemed right ; hut no public funds shall be granted by the board in support of any school unless the same is a free school under the provisions of the Education Act. C. C., s. 811. 893 . (1.) The board may from time to time: — Power to i . r , purchase land (a) Select and purchase sites for school buildings; and erect v r < ° , buildings, etc. ( b ) Erect, purchase or repair and improve school build- ings, and improve school grounds ; (c) Purchase suitable furniture and apparatus for the schools, and the money for any of such purposes, shall be furnished by the City, as hereinafter provided. (2.) The board shall not enter into any contract for the purchase of any land or for the erection of any school building until such contract has been submitted to and obtained the approval of the Governor-in-Council. C. C., s. 812. 1907, c. 67, s. 7. 894 . The board may lease any land or building for school Board may purposes, and may from time to time renew any lease. C. C., lease ‘ s. 813. 895 . The board may effect insurance on .any school house, insurance, school furniture, or other property under its control. O. C., s. 814. 896 . The board shall be entitled to receive from the super- Teachers intendent of education the grants provided by law for teachers grant and assistant teachers employed in the City. C. C., s. 815. 897 . (1.) On request of the board specifying the amount Council to required, in addition to the sums provided from the provincial boards Si- treasury, for the yearly support and maintenance of the schools mates - under its charge, the Council shall add a sum sufficient, after deducting cost of collection and probable loss, to yield the amount so specified by the board, to the amount to be rated upon the City to be levied and collected from the ratepayers thereof. (2.) The amount so specified by the board shall not include any expenditure: — (a) For repairs or improvements of an unusual or extraordinary nature; or (b) For the construction of any new building; or (c) For the purchase of any land. C. C., s. 816. 1907, c. 67, s. 8. 268 PUBLIC SCHOOLS Settlement of amount of estimates. 898 . (1.) The amount so specified by the board shall not exceed the sum of one hundred and forty thousand dollars in any one year, unless a detailed and itemized estimate, show- ing the amount so specified and required for the various ser- vices, is submitted to the Council before the 6th day of Decem- ber for approval. (2.) If the Council does not, before the 11th day of December, signify to the board, in writing, any objection to such estimates, they shall be deemed to be approved by the Council, and shall be included by the Council in the estimates of the amount to be rated and collected for the ensuing year. (3.) If the Council disapproves of the said estimates, or any item thereof, and communicates its objection to the board, in writing, specifying the objection, before the 18th day of December, such estimates shall, unless the board assert an appeal from such objection as hereinafter provided, be deemed to be varied as specified in such objection, and the amount as so varied shall be rated and collected as aforesaid. (4.) Upon the receipt of any such objection, the board may, on or before the 23rd day of December, appeal therefrom to the Governor-in-Council, who may hear such appeal, and may dispose of the matter of such objection, or may otherwise vary or amend such estimates as is deemed fit, provided that any such appeal shall be determined by the Governor-in-Council on or before the 28th day of December. The Govemor-in- Council shall notify the mayor of the time and place of hearing any such appeal, and the Council may attend and be heard thereat. The determination of the Governor-in-Council shall be forthwith communicated to the mayor, and the amount of the estimates of the board, as determined by the Governor-in- Council, shall be rated and collected as aforesaid. (5.) In any such estimate the board shall state the amount estimated to be received from the provincial treasury, and all sources other than the City, and shall specify the total amount intended to be expended by the board during the ensuing year, and the board shall not expend in the year a greater sum than the total amount so specified, and any or all moneys received by the board in excess of such total amount, and all other sums not expended by the board shall be deemed an unexpended balance .within the meaning of that phrase in this Act, and as such paid to the trustees of the reserve fund and general sinking funds to be invested and dealt with as part of such funds. The trustees of the general sinking fund shall annually furnish to the board a statement of the amount of such balance and the accumulations thereof available for the redemption of the bonds issued on School Board account. PUBLIC SCHOOLS 269 (6.) If the board fails to pay to the said trustees the amount of any such unexpended balances, the trustees shall forthwith notify the treasurer of such failure and of the amount of the balance not paid, and the treasurer shall, notwithstanding the provisions of this Act as to the payment of money to the board by instalment's, retain the amount so unpaid out of the next instalment of moneys payable to the board under such provisions and pay the same to the trustees for the purposes of the said fund. 1911, c. 38, s. 8. 899 . The treasurer shall, on the first day of each month, Estimates excepting the months of May and November, pay to the board ?nJa?menL an instalment of one-tenth of the amount so specified by the board or determined by the Governor-in-Council, and if at the time of any such payment, a sufficient sum applicable to school purposes has not been collected to pay such instalment, the mayor shall borrow the difference from any bank, and the amount so borrowed shall be repaid by the treasurer from the taxes when collected, and the interest, if any, paid on such loan shall be rated each year upon the property of the ratepayers and collected in the same manner and with the same rights, remedies and liens as the ordinary rates and taxes of the City. C. C., s. 818. 900 . The objects to be provided for by the board out of the objects of moneys so received shall be — expenditure ( a ) the salaries of teachers and assistants, and of the secretary of the board; (&) the leasing of lands and buildings for school pur- poses ; (c) the repairing and improving of grounds and buildings ; ( d ) the cleaning, fuel and insurance of school buildings ; ( e ) the purchase of prescribed school books and of library books ; (/) the interest payable on debentures issued by the board ; (g) the cost of supervision of schools ; ( h ) the cost of enforcing the provisions of this Act relating to the compulsory attendance of children at school ; ( i ) the cost of special instruction to teachers; (;) the cost of medical and dental examination of the officers, teachers, janitors and pupils of the schools. ( Jc ) the cost of providing pensions for officials and teachers of the board ; 270 PUBLIC SCHOOLS Debentures — City to issue. Debentures to be charge on city. ( l ) school apparatus and stationery, and (m) any other expense required in the due execution of the different powers, duties and trusts vested in the board. C. C., s. 819. 1907, c. 67, s. 10. 901 . (1.) Whenever the board requires money for — (a) The purchase of a site for a school building; ( b ) The erection of a school building; (c) The execution of repairs or improvements to any building of any unusual or extraordinary character ; ( d ) The improvement of any school ground of an unusual or extraordinary character; (e) The purchase of furniture or apparatus of such an amount as cannot be properly or conveniently included in the yearly expenditure, the board may apply to the Governor-in-Council for an order directing the City to issue its debentures or stock to the amount so required, and the Governor-in-Council shall appoint a time and place at which the matter of such application shall be heard. (2.) Notice of the amount so required, and of the pur- poses for which the same is required, and of the time and place so appointed, shall be given to the mayor, and the Council may appear at the hearing. (3.) After hearing the matter of such application, the Governor-in-Council may direct the City to issue debentures or stock to raise the amount so required, or any part thereof, as the Governor-in-Council determines, and if the direction is for a lesser amount than the amount originally required, the direction shall specify the purposes for which the amount to be borrowed shall be applied. (4.) Upon any such direction being given the treasurer shall forthwith issue the debentures or stock of the City to raise the amount so directed, and shall pay the proceeds thereof on demand to the proper officer of the board, to be expended for the purposes for which said amount is raised. 902 . Any debentures or stock so issued by the City, shall be issued in like manner and upon the same terms and condi- tions as is provided by the Halifax City Consolidated Fund Act, 1905, and with the like provisions as to a sinking fund therefor, and no further or special act of the legislature shall be neces- sary or requisite to authorize the issue of the same by the City, and any debentures or stock so issued shall be valid and binding upon the City, in like manner as though issued under the authority of an act of the legislature specially passed in that behalf. 1907, c. 67, s. 12. PUBLIC SCHOOLS 271 903. (1.) In order to provide a sinking fund for the sinking fund redemption of any debentures or stock issued by the board, turek e en previous to the 25th day of April, 1907, there shall be included in the yearly amount rated upon the inhabitants and property of the City, a sum equal to one per cent, on the total amount of such debentures or stock from time to time outstanding, and such amount shall be invested by the trustees of the general sink- ing fund of the City as part of such fund. (2.) In any statement of such general sinking fund issued by the trustees the amount held and invested for the retirement of school debentures shall be separately stated. 1907, c. 67, s. 12. 904. If the Council or treasurer fails to issue any deben- Board may • ^ 1SSUG UGDGn- tune or stock directed by the Govemor-in-Oouncil to be issued, tures if city or to pay to the board the amount so directed to be raised for fails t0 d0 s0 ‘ sixty days after the date of such direction, the board may borrow such sum or so much as is required from any bank or person, and the amount so borrowed may be recovered by the lender from the City ; or the board may issue its debentures for such amount, payable with interest not exceeding five per cent., in twenty-five years from the date of issue, and every debenture so issued shall be a charge upon the City in like manner as though it had been issued by the City, and the interest thereon shall be included in the amount yearly rated on the inhabitants and property. 1907, c. 67, s. 12. 905. (1.) The board may make, and from time to time By-laws, amend, alter or repeal, by-laws in respect to — *( perty by steps descending immediately from or near to a street, unless the same is securely ’guarded. 304 OBSTRUCTIONS ON STREETS Apertures to be guarded. Penalty. Encumbran- ces, etc., prohibited. Closing streets. Penalty. Porches, bay windows, etc. 12 . (1.) Every owner or occupier of any building having connected therewith any aperture in any street, sh^ll keep such aperture securely covered or guarded in such manner and with such material as the engineer directs, and every such cover or guard shall be constantly kept on a level with the side- walk and in good repair, and every such aperture shall be kept closed except when in immediate use, and such use shall be only in the day time; and such aperture when open shall be in charge of some competent person to warn passers by. (2.) If any such owner or occupier fails to keep any such aperture securely guarded and in good repair, and level with the sidewalk, the Board of Control may, at its option, close the said aperture, or may put the same in good condition and repair, and the cost of so doing may be recovered from him by the City by action, and in addition thereto, he shall be liable to a penalty as hereinafter provided. 13 . Every person who contravenes or fails to comply with any of the foregoing provisions of this ordinance with respect to openings in streets, shall, for each such olfence, be liable to a penalty not exceeding fifty dollars and in default of payment, to imprisonment for a period not exceeding one month. OBSTRUCTIONS ON STREETS. 14 . Except as is by the city charter or this ordinance otherwise provided, no person shall place, or cause to be placed, any encumbrance or obstruction upon any street whereby the public are prevented from the free and uninterrupted use of the same. 15 . The Board of Control may temporarily close any street, or part thereof, while any work is being done thereon, or when it is advisable for other reasons to close the same, and may, for that purpose, erect bars or other impediments to traffic. 16 . Whenever the Board of Control puts up any bars or fences to close any street for any purpose, no person shall inter- fere with the same, or travel or attempt to travel, or drive any vehicle along the street so closed, without permission of the engineer, and every person who so travels or attempts to travel, or drives any vehicle, shall be liable to a penalty as here- inafter provided. 17 . Except as is hereinafter otherwise provided, no person shall place on any street any step, porch, bay window, balcony, fence, railing, or other structure which in any way encroaches on such street, and any such structure so'placed shall be remov- ed by the owner of the property to which the same is attached OBSTRUCTIONS ON STREETS 305 within ten days after notice to that effect from the engineer, and on failure to make such removal, the engineer shall remove the same, and the cost of removal may be recovered from such owner by the City by action and in addition, the owner shall be liable to a penalty as hereinafter provided. 18 . No person shall remove, or cause to be removed, any Moving building upon any street without having first obtained permis- sion in writing of the engineer, and such permission shall be upon such terms as the engineer determines. 19 . Any person may, bv permission of the engineer, Building place on any street materials for building, and erect an enclo- OTcto”ures? nd sure to protect the same, and may continue such enclosure for such period as the engineer directs. Every person placing such material, or erecting such enclosure, without such permission or otherwise than as therein directed, or continuing the same for a longer period than therein prescribed, or after being- directed to remove the same, shall be liable to a penalty as here- inafter prescribed. 20 . Every person receiving a permit to occupy part of a Passage street for building purposes, or for repairing any building, or roundsame - making any excavation, or for any other purpose, shall provide a safe and convenient passage around, under or over the obstruc- tion so placed, and shall be responsible for any injury sustained by any person in consequence of his neglect so to do,, and shall at any time, when requested by the engineer, exhibit his permit to make such obstruction or excavation. 21 . Any person may, by permission of the engineer, erect scaffoldings, a scaffolding for repairing any building or other purpose con- nected with any building. Such permission shall be in writing, and shall specify the terms and conditions on which such scaffolding may be erected and the period for which it may be continued. Every person who erects any scaffolding without having first obtained such permission or otherwise than as is therein directed, or continues the same for a longer period than is therein prescribed, or after being directed to remove the same, shall be liable to a penalty as hereinafter prescribed. 22. No person shall place or maintain any sign post, or Signposts sign, which extends over any street. etc - 23 . No person shall place or maintain any awning which Awnings, extends over any street, unless a plan of the same is first sub- mitted to and approved by the Board of Control on the recom- mendation of the engineer; and the Board may at any time revoke such permission. No such awning shall be less than 20 306 MAINTENANCE AND CARE OF STREETS Goods for sale. Goods suspended. Obstructing streets. Firewood. Penalty. Vehicles, etc. prohibited on sidewalks. seven feet from its lower edge above the street. If the owner or occupier of any premises upon which any such awning has been placed without such permission and approval, fails to remove the same after fourteen days’ notice from the Board, the Board may cause the same to be. removed. Any person placing any such awning without such permission and approval, or failing to remove the same when so directed, or obstructing any civic official removing the same, or any projecting sign-post or sign shall be liable to a penalty as hereinafter provided. 24. No person shall place upon any street for sale or show any goods, wares, or merchandise, or any sign-board or adver- tising board. 25. No person shall place or suspend, or expose from any building, any goods, wares or merchandise so that the same extend from the wall of such building more than six inches towards or into any street. 26. No person shall place on any street any article, or permit the same to remain thereon, so as to obstruct the free passage of such street for a longer period than is necessary to remove the same to or from any building or premises fronting on such street. 27. Fi rewood may be sawn within one-half the space be- tween the sidewalk and the centre of the street. The wood shall be removed as fast as it is sawn, and the sawdust removed with- out delay. 28. Every person who contravenes or fails to comply with any of the foregoing provisions of this ordinance in respect to obstructions on streets, shall, for each offence, be liable to a penalty not exceeding ten dollars, and in default of payment to imprisonment for a period not exceeding ten days. MAINTENANCE AND CARE OF STREETS. 29. (1) No person shall intentionally and unnecessarily drive any vehicle upon a sidewalk, or roll or place any heavy article over the same, to the injury or obstruction thereof. (2) Where any sidewalk has been partly covered with sod by the City, no person shall walk upon the part of the sidewalk so covered. (3) Where any sidewalk has been in part covered with sod, the occupier of the premises adjoining such sidewalk, or if the property is not occupied the owner thereof, shall keep the part of the sidewalk so sodded close clipped, clean and in good order.- MAINTENANCE AND CARE OF STREETS 307 (4) The person in charge of any horse snail not permit snch horse to go upon any sidewalk or any portion of a street so covered with sod. 30. Whenever any sidewalk has been broken or otherwise g^waiks 0 injured in consequence of the erection of any building, or any repairs to a building, the engineer may serve notice in writing upon the owner cf the building requiring him to repair such injury within forty-eight hours from service of the notice; and if the owner fails to make such repairs within such time, the engineer may cause the same to be done at the expense of the owner, and the cost thereof may be recovered by the City by action. 31. No person shall dump, unload, deposit or move any coal, etc., not coal or heavy article upon any concrete or asphalt sidewalk on sidewalks unless such sidewalk has been first protected by boards not less than one inch thick, and placed close together over the surface where such coal or heavy article is to be deposited. 32. * erv occupier of anv premises shall keep the side- Gutter to be */ -L e l i KGPt# clG9,r walk and gutter in front of the same free from dirt and nuisance of every description. 33. No person shall* distribute any hand bills or other papers by scattering the same on anv street. 34. No person shall cart or transport in any way, on any T^nsporta street, any sand, stone, earth, dirt, manure, or rubbish, or any tion of rub- loose fluid or semi-fluid in such a manner that any portion of the timber, same may be spilled or scattered on the street, and no person shall draw on any street any timber or other heavy article in such a way that the same, or any part thereof, drags on the street. 35. No person shall slake, riddle, mix with sand, or other- Lime not to wise prepare June on any street, except by permission m writ- ing from the engineer. 36. No person shall, on anv street, raise or hoist any Hoisting 1 " . , goods. goods into any door or window of any upper storey, or lower or throw down any goods from such door or window. 37. No person shall deposit any paper, shavings, or other Depositing waste material, ashes, garbage, or rubbish of any description garbage - upon any street except in a barrel, box, or other receptacle, so as to prevent the same being scattered, there to remain until removed by the ash carts. No such barrel, box or other recep- tacle shall be placed in the street otherwise than at the edge of * the sidewalk nearest the gutter at any time after the time at 308 HORSES, CATTLE, SHEEP, AND VEHICLES Lowering shingles, etc. Washing windows. Gutter bridges. Penalty. Driver to remain by vehicle. Immoderate speed. Horses, etc., not to go on sidewalks. which, by direction of the Board of Control, the ash carts are to call for the same. No such barrel, box or other recep- tacle shall be filled higher than four inches below water level. 38. No person shall throw any shingles, boards, slates, sand, gravel, tar, or other material whatsoever from any roof ot scaffolding upon any street, but the same shall be lowered in chutes, or by a tackle, in such a manner as not to affect the safety and convenience of the public. 39. No person shall wash any window or sprinkle any sidewalk with water after eight o’clock in the morning, and no occupier of any house or any building shall permit the same to be done. 40. No person shall construct across any drain, gutter or watercourse on any street a bridge of any description without having first obtained a permit in writing therefor from the engineer, specifying the nature of the bridge and the other terms and conditions on which the same may be constructed. A permit to construct any such bridge may be refused in anj ca^se in which a curb and gutter have been placed in front of the premises intended to be reached by the bridge, and any bridge at any time constructed may be directed by the engineer to be removed when a curb and gutter have been so placed. 41. Every person who contravenes or fails to comply with any of the foregoing provisions of this ordinance with respect to the maintenance and care of streets, shall, for each offence, be liable to a penalty not exceeding ten dollars, and in default of payment, to imprisonment for a period not exceeding ten days. HORSES, CATTLE, SHEEP, AND VEHICLES. 42. The driver or other person in charge of any vehicle conveying goods or merchandise, or other material, through any street, shall remain on such vehicle while it is in motion, or walk beside the horse or other animal drawing the same. 43. No person driving any vehicle, or riding upon any horse, shall so drive or ride at a gallop or other immoderate speel, and every person so driving or riding shall slacken his speed when aproaching any crossing for foot passengers upon which any person is crossing. No person shall permit any horse or other animal to run at large or stand in any street without being sufficiently secured to prevent its running away. 44. No person shall ride, drive, lead or back any horse or other animal, or any vehicle, or wheel any hand cart, wheel- » barrow, bicycle or other vehicle over or along any sidewalk except when crossing the sidewalk to enter any premises. HORSES, CATTLE, SHEEP, AND VEHICLES 309 45 . No person shall break in or train any horse on any Training street, or shall exhibit any stallion on any street, or shall letsSSiiMs. any stallion to any mare on any street, or within six hundred yards of any dwelling house. 46 . No person shall permit his horse or other animal, or Horses not 1 , , r 7 to stand on any vehicle, to stand or remain upon any street for a nge street, time than is ncessary for the owner or other person using the same to transact his business at the premises opposite which such horse or vehicle is so standing or remaining, and no person shall tie his horse or other animal in any way across any side- walk or crossing so as to obstruct the public, or shall leave any vehicle standing opposite the door or gateway of premises belonging to any person other than the person with whom the owner of the vehicle has business; and no person shall in any way obstruct the free and uninterrupted use of any street, or sidewalk or crossing, or any approach to a wharf, by stopping any horse or other animal or any vehicle across such street or approach, or in any other way. 47 . No person shall place any vehicle unattached to a vehicles not horse or other animal upon any street, and no owner of a street!^ ° n vehicle shall permit the same to be so placed. 48 . Jsfo person shall drive any cattle or sheep in any street cattle, unless the same are led by halter or rope by some person having control over the same, or unless a sufficient number of persons are in charge of such cattle or sheep to prevent their straying upon the street. 49 . No person shall fasten any horse or other beast to any Horses not to f J J be fastened to tree on any street. trees. 50 . No vehicle on runners shall be driven within any part ®^g h f s or of the City unless there are attached to the harness of each horse, or other animal drawing the same, one large open bell or four good round bells. 51 . Every carriage shall be so driven as to leave the centre Left side to of the road on the driver’s right hand side. 52 . No vehicle shall stop or stand nearer than 18 inches stopping to the centre of the street. vehicles. 53 . Every carriage driven at night on any street shall have Lanterns, two lighted lanterns. 54 . No vehicle shall stop or stand on any street crossing. Not to stop on crossing. 55 . No vehicle shall be cleaned or washed on any street. Nicies 8 Vehicles not to obstruct public places. Tram car standing still. Use of siren. Fire appar- atus to have right of way. Danger of collision. Penalty. 310 HORSES, CATTLE, SHEEP, AND VEHICLES 56. No vehicle shall stop or stand in any street directly opposite to or in front of any building or place opening on such street in which persons are about to congregate, or have con- gregated, for any purpose of devotion, public or private busi- ness, information, amusement, recreation or other lawful object. Every vehicle requiring to stand near such place, or approach thereto, shall stand in such place or approach thereto in such manner as is prescribed by any regulations made by the Board of Control, and in default of such regulations, in such place and manner as are prescribed by the person, for the time being, having the control of such building or place, or by any police officer on duty there. 56A. No driver of any vehicle shall pass or attempt to pass any tramcar on the left side thereof when such tramcar is standing still. 56B. For the purpose of warning or otherwise, no owner or driver of any motor vehicle shall make use of any siren, or other similar contrivance or device emitting or producing any sound resembling or likely to be confused with the siren, or other contrivance or device used for such purposes on apparatus or vehicles used by the fire department. . 56C. On any alarm of fire the driver of every vehicle on the street traversed or to be traversed by any fire engine or other fire apparatus shall immediately draw or turn to the nearest side or curb so as to leave a clear path for the passage of such apparatus through the street. 56 D. Every driver of any vehicle shall, on seeing danger of collision with any other vehicle, animal or person, or on receiving any warning, signal, or command from any person, or the driver of any vehicle, requiring him to stop on account of any danger to any person or vehicle, stop immediately, and not proceed again until all danger has passed, and in every instance the driver of any vehicle shall immediately stop when required by any police officer, and place his vehicle in such position as the officer directs. 57. Every person who contravenes or fails to comply with any of the foregoing provisions of this ordinance with respect to horses, cattle, sheep, and vehicles, shall, for each such offence, be liable to a penalty not exceeding ten dollars, and in default of payment, to imprisonment for a period not exceeding ten days. REMOVAL OF SNOW AND ICE 311 REMOVAL OF SNOW AND ICE 58. The City shall remove the snow from the sidewalk, pathway and gutter in front of any building or premises owned and occupied by the City, and situated within the City within the following limits, viz : — Beginning at a point on the shore of the harbor of Halifax, and on the north line of Owen street; thence westwardly by the north line of Owen street to the centre line of Pleasant street, thence northwardly along the centre line of Pleasant street to the centre line of Inglis street ; thence westwardly along the centre line of Inglis street to the centre line of Tower road; thence northwardly along the centre line of Tower road to the centre line of South street; thence westwardly along the centre line of South street to the centre line of Seymour street; thence northwardly along the centre line of Seymour street to the centre line of Coburg road ; thence eastwardly along the centre line of Coburg road to the centre line of Robie street ; thence northwardly along the centre line of Robie street to the centre line of Spring Harden Road ; thence eastwardly along the centre line of Spring Garden Road to the centre line of South Park street; thence northwardly along the centre line of South Park street to the centre line of Sackville street; thence eastwardly along the centre line of Sackville street to the centre line of Brunswick street; thence northwardly along the centre line of Brunswick street to the centre line of Cogswell street; thence westwardly along the centre line of Cogswell street to the centre line of North Park street; thence northwardly along the centre line of North Park street to the centre line of Cunard street; thence west- wardly along the centre line of Cunard street to the centre line of Robie street; thence southwardly along the centre line of Robie street to the centre line of Quinpool road ; thence west- wardly along the centre line of Quinpool road to the centre line of Windsor street; thence northwardly along the centre line of Windsor street to the centre line of North street; thence east- wardly along the centre line of North street to the centre line of Kempt read ; thence northwardly along the centre line of Kempt road to the centre line of Macara street ; thence east- wardly along the centre line of Macara street to the centre line of Gottingen street; thence northwardly along the centre line of Gottingen street to the centre line of Young street ; thence eastwardly along the centre line of Young street to the shore of the harbor of Halifax; thence southwardly along the shore of the harbor of Halifax to the place of beginning; including the properties on both sides of Pleasant street, Inglis street, Tower road, South street, Seymour street, Coburg road, Spring Garden road, Quinpool road, Windsor street. North Street, Kempt road, Macara street, Gottingen street and Young street; and also including the properties on both sides of Allen street, Lawrence Snow district. 312 PREVENTION OF DISORDER OR IMPROPRIETY Occupiers to remove snow. Wide sidewalks. Time for removal. Snow from roofs. And yards. Icicles. Penalty. pictures. Indecent street, and Duncan street, within five hundred feet of Windsor street, and also of Carleton street from Spring Garden road to the northern termination thereof. 59 . Within the limits mentioned in the next preceding section the occupier of any premises shall remove the snow from the sidewalk, pathway and gutter in front of the same. In the case of any unoccupied lot, the snow shall he removed by the owner or person having charge of the same. 60 . If the sidewalk is of greater width than twelve feet, it shall not be necessary to clean a space wider than ten feet from the front line of the property, exclusive of the gutter. 61 . The snow which falls or accumulates during the day \ except Sunday) before four o’clock in the afternoon, shall be removed within two hours after the same has fallen or accumu- lated. The snow which falls or accumulates on Sunday, and after four o’clock of the afternoon and during the night bn other days, shall be removed before ten o’clock on the following morning. 62 . Ho person shall throw into any street the snow from the roof of any building, without proper precautions to prevent injury to persons on the street, and any snow so thrown shall be properly levelled on the street so as not to interfere with traffic. 63 . Every person who removes any snow from any yard or other premises on to any street, shall properly level the same so as not to interfere with traffic. 64 . Ho person shall permit icicles to accumulate on the eaves or gutters of any building owned or occupied by him, so as to become dangerous to persons passing on the street. 65. Every person who contravenes or fails to comply with the provisions of this ordinance respecting the removal of snow shall for every such offence be liable to a penalty not exceeding two dollars, and in default of payment to imprisonment for a period not exceeding thirty days. Every day that snow is allowed to remain after the first twenty-four hours shall con- stitute a fresh offence. PREVENTION OF DISORDER OR IMPROPRIETY. 66. Ho person shall post up or exhibit in any street any indecent or immoral placard, writing or picture, or shall put up or exhibit any picture of the human form in a nude or semi- nude condition or in what is known as “tights,” or shall per- form any indecent, immoral or lewd play or other representa- tion on any street. PREVENTION OF DISORDER OR IMPROPRIETY 313 67 . No person shall set, urge or encourage dogs to fight on Dogs any street. 68 . No person shall perform rope-walking or other gym- Rope-waik nastic or athletic feat, or assist at the same in any street. ing, etc. 69 . Persons shall not stand in a group or near to each crowding, other in any street in such a manner as to obstruct a free passage for foot passengers, and no person shall crowd or jostle foot passengers on any street so as to cause discomfort, disturbance, or confusion. 70 . No person shall coast, toboggan, skate or slide on any coasting, street, and any sleigh, sled or toboggan found in use, or about to be used, for coasting or tobogganing, on any street, may be seized by any police officer and forfeited to the City. 71 . No person shall play football, cricket, baseball, or Games, other game or pastime, or throw stones or snowballs on any street. 72 . No person shall, on any street, or in any doorway, improper Y . 7 . J J ^ 7 language. window, or other opening leading into such street, openly use any profane, obscene, lewd or lascivious language or behaviour, and any person so using such language or behaviour may be forthwith taken into custody by any police officer and taken to the police station, and there detained for not more than one hour for the purpose of identification. 73 . No person shall, on any street, or in any doorway, win- challenging dow or other opening leading into any street, openly challenge to fisht ' any person to fight, or use abusive or provoking language so as to disturb any person in his shop or house, or when proceeding on the street, and any person so challenging or using such lan- guage may be forthwith arrested by any police officer. 74 . Every person who contravenes or fails to comply with Penal ty. any of the foregoing provisions of this ordinance with respect to the prevention of disorder and impropriety, shall, for every such offence, be liable to a penalty not exceeding ten dollars and in default of payment, to imprisonment for a period not exceed- ing ten days. Superintend- ent of Fire Alarm Tele- graph and other city wires. To inspect wires, etc. To see lamps in order. Test for electrolysis. Other duties. Officials not to be molested. No one but officials to meddle with apparatus. Notice of alterations. 314 CITY ELECTRICIAN FIRE ALARM TELEGRAPH No. 5. CITY ELECTRICIAN. The duty of the electrician shall he: — 1. To be the superintendent of the fire alarm telegraph system and all other electric wires and wire systems owned by the city, or on city property; to have the care of all wire apparatus, machinery, and other property connected therewith, and to keep the same at all times in good working order. 2. To inspect the condition, insulation, attachments, con- struction, and arrangements of all posts and wires erected in any street or public place for the transmission of electric current, and to report any violation of the law in respect thereto. 3. To cause the Halifax Electric Tramway Company, Limited, or other company having the contract for lighting the streets of the city, to keep the street lamps clean and in good order, to see that they are kept lighted at such times as the con- venience of the public requires, and the contract provides, and to see that all other conditions of the contract, so far as the same relate to the duties of the electrician, are complied with. 4. To make all necessary tests when electrolysis of any pipe is suspected. 5. To perform such other duties as are imposed upon him by any other ordinance or as are required of him in respect to the work of his office by the Council, the Board of Control, the mayor or the engineer. No. 6. FIRE ALARM TELEGRAPH. 1* No person shall molest or obstruct any official or person in the employ of the City when engaged in any repair, altera- tion or other work in connection with the fire alarm telegraph. 2. No person other than such official or employee shall damage or interfere with any part of such telegraph or anything connected therewith. 3. Every person who intends to make any repairs or alter- ations to any building with which the fire alarm telegraph is connected shall before beginning the same give not less than ten days’ notice thereof to the electrician. ELECTRIC WIRING AND THE USE OF ELECTRICITY 315 4. Every person who contravenes or fails to comply with Penalty, any provision of this ordinance shall he liable to a penalty not exceeding fifty dollars, and in default of payment, to imprison- ment for a period not exceeding one month. No. 7, ELECTRIC WIRING AND THE USE OF ELECTRICITY. 1. No electric current shall he used for illumination, current to be decoration, power or heating, except as in this ordinance pro “ conformity vided with ordin ‘ viucu. ance. 2. Every person, firm or company desiring to iustal wires Permits, or other apparatus for the transmission or use of an electric current for any of the purposes mentioned in the next preced- ing section of this ordinance, before commencing any electrical construction work of any kind whatever, either installing new electrical apparatus or repairing or altering apparatus already in use in any building on, over or under any street or any public or private property, shall file an application for a permit therefor with the engineer, which application shall specify in detail such material and apparatus as it is desired to use with a full description of the same, giving the location of the place where such installation is proposed, by street and number, and without a permit no such work shall he done. 3. Every such application shall be examined by the elec- Electrician to trician and a permit shall not be issued thereupon until he Ippniations. reports in writing that the same should he issued. 4. A permit shall be valid onlv for the time named therein, valid only for ' time named. 5. The electrician shall be notified when any work is be^tmed^or ready for inspection, and all work must be left uncovered and inspection, convenient for examination until inspected and approved. The inspection shall he made within two working days after receipt of notice and without any unnecessary delay. 6 . The owner or occupier of any building shall not use Wires > etc - n 1 ° - , . not to, be used any wires, fixtures or apparatus for carrying or using electric before being current until such wires, fixtures or apparatus have been finally er 1 e • certified as correct by the electrician. No company supplying electric current shall connect current not to its wires with wires on or. in any building until a permit is before permit, obtained from the engineer for such connection. 316 ELECTRIC WIRING AND THE USE OF ELECTRICITY" Temporary permit. Inspection of installation. Preliminary certificate. Inspection of overhead, etc. wires. Emergency repairs. National Board rules. Board of wir- ing examiners 8. The electrician may issue a temporary permit for the use of electric current during the course of construction or alteration of buildings, which permit shall expire when cancell- ed by the electrician. 9 . The electrician shall, whenever he deems it necessary so to do, carefully inspect any installation for which a permit is issued previous to or after its completion, and if such installa- tion has been constructed according to the rules and regulations contained in this ordinance, he shall issue a certificate to that effect. 10 . A preliminary certificate may be issued by the elec- trician in the case of completed installations, but upon which no lighting or power current will be used in the immediate future. Such preliminary certificate shall show that at the date of inspection the installation was completed in accordance with the terms of this ordinance. But before the introduction of electric current into the premises a second or final inspection shall be made, when, if the installation is still in accordance with the terms of this ordinance, a final certificate shall be issued. 11* The electrician shall inspect all overhead, under- ground and interior wires and apparatus conducting electric current for light, heat or power, and when any such wire or apparatus is found to be unsafe for life or property he shall notify the person, firm or corporation owning, using or operating the same to put the same in a safe and secure condition within forty-eight hours. Any person, firm or corporation failing to comply with such notice within forty-eight hours after the receipt of such notice shall be liable to a penalty not exceeding fifty dollars. 12 . In cases of emergency where the necessary delay in obtaining a permit would be dangerous to life or property, tem- porary repairs may be made without a permit, but in any such case an application shall be made for a permit within twenty- four hours after the temporary repairs have been commenced, and the application shall state the nature of the work done. 13 . In any work performed under the provisions of this ordinance the rules and regulations of the National Board of Fire Underwriters shall be strictly observed. 14 . A board of wiring examiners is hereby constituted to consist of the city engineer (who shall be chairman of the board) and city electrician. The board shall be called together by the engineer at such times as he considers necessary. ELECTRIC WIRING* AND THE USE OF ELECTRICITY 317 15 . No person shall carry on the business of interior Licensed jr v t wiremen wiring unless he is duly licensed to cary on the same and is registered as such in the office of the clerk of works. The person obtaining such license shall pay to the clerk of works the sum of ten dollars for the same. 16 . To entitle any person to a license under the next pre- Require- ceding section of this ordinance he shall be of the full age of ments ‘ twenty-one years and have a place of business as an electric wireman in the City, and shall agree as a condition of obtaining such license to carry on business in compliance with the rules, regulations and requirements of this ordinance. 17 . Every person before doing any interior wiring for or Certificated on account of himself or any licensed wireman shall be a pract- ical and experienced wireman and furnish the board of wiring examiners sufficient evidence that he is capable of properly doing and performing interior wiring work, and if the board is satisfied of his competency to perform such work it shall cause his name to be registered in the office of the electrician, and the electrician shall give him a certificate of competency as a journeyman wireman, after which he shall be at liberty to do such wiring work, but not before. 18 . Every person desiring a license as a licensed wireman Application or a certificate as a journeyman wireman shall file a petition in s ' writing with the clerk of works, giving the name of the appli- cant, and, if the applicant is applying for a licensed wireman’s license, he shall state in his petition his age and place of busi- ness in the City, and such petition shall be accompanied with the bond hereinafter mentioned. 19 . Any change in the location of the business of any change of licensed wireman shall be promptly reported to the clerk of Iocat,on - works. 20 . Any journeyman wireman desiring to become a Journeyman licensed wireman shall first comply with these rules and regula- ness as US1 tions as to licensed wiremen, and no journeyman wireman shall ISan. do business as a licensed wireman until he has obtained a license, notwithstanding anything in this ordinance. 21 . Any journeyman wireman who furnishes satisfactory Journeyman evidence to the board of wiring examiners that he has carried jgtjjs Jan - on business as a practical and experienced journeyman wire- man for four years, next previous to January 1st, 1906, shall be entitled to receive registration without examination. 318 ELECTRIC WIRING ANI) THE USE* OF ELECTRICITY wiremen 22 . Every licensed wireman shall be held responsible responsible. f 01 . everything done by any person in his employ in connection with the wiring work in respect to which a license is granted. only certifi- 23 . Every licensed wireman shall employ only certificated to be employed journeymen wiremen to do wiring work, but the work may be done and performed by any practical wireman under the guid- ance and direction of a certificated journeyman wireman then present directing the work. Bond. 24 . Every wireman before obtaining a license shall file a bond with the clerk of works in the penal sum of two hun- dred dollars, conditioned for the faithful performance of his duty as a licensed wireman, and for his not permitting any wiring work that he is called upon to do to be performed by any person in his employ, except by such persons as are authorized to do wiring work under this ordinance, and for his not violating any of the terms and conditions thereof, or any amendment from time to time made thereto. No person other than holder of license to do work. 25 . Xo person stuall carry on business as a licensed wire- man unless he is the holder of the license herein mentioned, nor shall any journeyman wireman do or perform any Aviring con- struction work or repairs to wiring installations until he has obtained his certificate under this ordinance. Cancelling. License. 26 . The board of wiring examiners shall have the poAver at any time to cancel any wireman’ s license or any journeyman AA’ireman’s certificate for cause, and thereupon all rights of such Avireman or journeyman wireman to do any wiring work under this ordinance shall .cease and determine. Expiry of License. 27 . The license to a licensed Avireman shall expire on the 30th day of April in each and every year, but it may be reneA\ T - ed by the board of wiring examiners, and every licensed Avire- man shall pay one dollar for each such renewal. Penalty. 28 . Every person who contravenes or fails to comply with any provision of this ordinance shall for each such offence be liable to a penalty not less than five dollars or more than eighty dollars, and in default of payment to imprisonment for a period not to exceed ninety days. POLES AND WIRES IN THE STREETS 319 No. 8. POLES AND WIPES IN THE STREETS. 1. In this ordinance, unless the context otherwise interpretation requires : — (a) the expression “owner” means any person or company owning or operating, whether as owner or lessee, any line of poles and wires in any street; ( b ) the expression “engineer” means the city engineer; (c) the expression “street” includes any street, lane, square or other public place. 2. This ordinance shall apply to any person, firm or com- Application, pany constructing, maintaining or operating a line of poles and wires in any street. 3. The engineer shall have the supervision of all poles, ^ave^uper 0 electric and other metallic wires erected in, upon, or over any vision, street or public place in the City, and whenever this ordinance provides that any work, material, article or thing is to be sub- ject to approval, such approval shall be given by the engineer, and all work must be satisfactory to him. 4. All wires shall be divided into two classes. classes of wires. First: — Wires for telegraph, telephone, or other similar service. Second — Wires for electric light, power, or other similar service. 5. Two lines of poles bearing conductors of a like class J^eciass° f shall not be erected or permitted on any street. prohibited. 6. Two li nes of poles shall not be erected on the same side Tw0 lines on » same side of of any street. street pro- hibited. 7 . No pole shall be erected except on a permit from the Permit for engineer, and on such conditions as he specifies in the permit, po®es ion ° f and all poles must be satisfactory to him. 8 . Poles shall be set in the sidewalk as near the curb as Location possible, unless otherwise directed by the engineer, and shall be ° f P ° les ' maintained in a position as nearly perpendicular as possible* All poles shall be erected only in such places as the engineer indicates a,nd approves. 320 POLES AND WIRES IN THE STREETS Material.&c. Sizes and painting. Height. To be on one side of street. Removal. New poles not to be deposite Broken poles and wire. City may remove. 9 . All poles shall be of cedar or of such other material as the engineer approves, perfectly sound and good in every respect, free from defects and substantially straight from end to end. All bark must be removed above the ground line. The face or surface of each pole must be made smooth and regular either by the use of a plane or in some other approved manner, and no spurs shall be used in climbing poles. They must be of uniform height and kept in line with each other. 10 . No pole shall be more than eighteen inches in diam- eter at the ground line or less than five inches in diameter at the top. In all cases where directed by the engineer square poles shall be erected. As soon as they are placed in position all new poles erected shall receive two coats of paint in such colors as are approved, and all poles shall receive an additional coat of paint on or before the first day of June in each year. 11 . All poles carrying more than two wires shall be of such height as approved. All poles for carrying not more than two wires shall be at least twenty-five feet in height. When directed by the engineer, or when required to clear trees, houses or other lines of wires or any other obstruction or thing which comes in close proximity thereto, poles shall be of such height as the engineer deems necessary. All poles shall be sunk to such depth as the engineer considers necessary, but no pole shall be sunk to a depth of less than five feet below the grade line of the sidewalk. 12 . Every line of poles must be run on one side of the street only, except when absolutely necessary to change to the other side, but such change may be made only by the permis- sion of the engineer. 13 . When a pole is taken down it must be removed from the street the same day. 14 . New poles must not be deposited on any street more than three days in advance of their erection. 15 . All broken and dead wires, and all wires, poles and fixtures not actually in use, must be removed by the owner, unless permitted to remain by the engineer. 16 . Anv broken pole or dead wire that is on any street more than three days may be removed by the engineer at the expense of the company owning it after three days* notice to remove the same. POLES AND WIRES IN THE STREETS 321 17. Any pole now erected or hereafter to be erected, which insufficient is deemed by the engineer insufficient in any respect, or not in poles ‘ accordance with this ordinance, shall be taken out and replaced to his satisfaction by the owner of such pole, and all existing poles which he considers are not required shall be removed with- out .delay at the expense of the owner of such poles after ten days 7 notice 18 . Every line, pole, fixture, etc., must be kept in thorough to ^kept m order and repair and in conformity with this ordinance, under tion not to be a penalty not exceeding forty dollars, but no additional poles changed - shall be erected under cover of repairs, nor shall any route or location be changed without a permit, and no pole shall be renewed or repaired, nor shall the location of any pole be changed except upon due notice to any other company using such pole. 19 . The location of any pole shall be changed or altered changed whenever deemed necessary by the engineer, gnd whenever the by En- engineer orders such change of location it shall be done by the gineer ‘ owner thereof without unnecessary delay and at his expense, or it may be done by the engineer at the expense of the owner. 20 . The surface of sidewalks covered with brick, concrete^ sidewalk not asphalt, flags, or other permanent material shall not be broken wi?hout° ken for the purpose of erecting, removing, repairing, renewing 0 r permit - altering the position of a pole without a permit from the engineer, and then only on such conditions as the engineer pro- vides in such permit. 21 . Every person who removes any pole shall remove whole pole, every part thereof, including the portion below the grade line “m^ved. of the sidewalk of any street upon which the same has been erected, and shall properly fill in and replace the surface or covering of such sidewalk without unnecessary delay. 22 . The surface of the ground or pavement, wherever dis- surface to be turbed in the erection, renewal or removal of any pole must be madegood - restored and made good and maintained for six months to the satisfaction of the engineer, otherwise he may, without notice to the owner of the pole, make such repairs as he considers neces- sary in restoring and maintaining the streets, sidewalks, gutters or pavements in a neat and proper condition, and the whole cost incurred shall be paid by the person or company which occasioned the damage or expenditure. 23 . The dimensions of cross arms shall be as nearly cross uniform as possible. They shall be strengthend by braces when arms - 21 Painting of name. Spacing of. Pins. Fastening of wires. Insulation reouired if four inches from pole. Distance from pavement. Distance be- tween wires. Insulation of light and power wire. Joints to be insulated. 322 POLES AND WIRES IN THE STREETS considered necessary by the engineer and painted the same color as the tops of the poles. The lowest cross-arm shall not be less than twenty-two feet above the ground. 24. When a pole is occupied by wires belonging to more than one company every cross-arm owned or occupied by any company except the owner of the pole shall be painted or stamped with the initials of the company owning it. 25. Cross-arms shall not be less than eighteen inches apart from (centre to centre. 26. On cross-arms carrying wires of the second class pins next to the post shall be spaced not less than one foot three inches on each side of the centre line of the post. The outer pins shall be spaced not less than nine inches apart from centre to centre. 27. All conducting wires shall be fastened on poles or other fixtures with approved glass or porcelain insulators and must be stretched tightly and fastened with a tie of the same kind of wire or with approved wire. 28. Except at junction points, no conducting wire shall be stretched within four inches of any pole, building or other object without being attached to it and insulated therefrom. 29. ISTo wires shall hang ‘within twenty feet of the pave- ment at the lowest point of sag between supports, except where required to reach a lamp or other connection, and must then be protected by extra insulating covering and be rigidly fixed and out of the way. 30. No wire of one company shall be allowed to sag or be within fifteen inches vertically of any wire of another* com- pany. 31. All electric light and power conductors shall be secured to insulating fasteners and, with the exception of trolley wires, all such wires shall be covered with an insulation which is waterproof on the outside and not easily worn by abrasion. Whenever the insulation becomes impaired it must be renewed immediately, and all insulation must be satisfactory to the engineer. 32. All joints must be as well insulated as the conductors, and the insulation of joints must be maintained. POLES AND WIRES IN THE STREETS 323 33. Day circuits must be conspicuously distinguished on Day br- each cross-arm under the insulator, and all arc lamps must be i am ps. so placed as to leave a space underneath of nine feet clear be- tween lamp and sidewalk. 34. All connections with lines of electric light or power connections conductors shall be made as nearly at right angles to the same and crossin s s as possible, and connections of all wires to buildings shall be run straight across the street and then down the front of the building. Except with the approval of the engineer, no wire shall cross the street at a less height than twenty-six feet above the centre of the street on any street through which the trolley wire is carried. Whenever the engineer considers it advisable wires of different companies at street intersections or other crossings shall cross on the same pole. 35. The insulation of electric light and power wires must insulation to be preserved throughout the entire circuit, and if any part of a lamp or fixture is a part of the circuit and can be easily touched it must be insulated. 36. All circuits must be frequently tested and be main- tained as free from ground connections as possible. Circuits to be tested. 37 . Where unused loops from electric light circuits are loops to be allowed to remain after lamps are taken away the joint in the lf loop must be as well insulated as the line itself. 38. The owners of poles and wires shall provide such Lightning lightning arresters or arrangements for protecting the wires arresters - from dangerous discharges during thunder storms as are direct- ed or approved, the expense to be borne jointly by the owners interested. 39. No person 'or company shall suffer or permit any one company other person or company to place or keep wires on any pole or ofanothe 6 / 016 poles owned by him or it or upon the fixtures thereto attached pg^t 1 without permission being first obtained in writing from the engineer. 40. Every person or company owning poles or lines of Existing poles, and wires on or over the streets of the City, shall, at the tSuance^’f. coming into force of this ordinance, make an application to the engineer for a permit for continuing such poles or lines of poles as already exist. Such application shall show the number and location of such poles. 41. The engineer may grant a permit on such conditions permit in as he deems necessary for the continuance of not more than one such case ' line of poles on any street for wires of a similar class. 324 POLES AND WIRES IN THE STREETS city’s right to 42. On all streets on which there exists at the time of the not?nus^° les coming into force of this ordinance only one line of poles for each class of wires, the company owning such lines shall continue to own the same so long as the company requires to use it for its own purposes, but if at any time the company ceases to use or occupy any such pole or line of poles for its own purposes the City shall have the right to take and appropriate such pole or line of poles to its own use, or to hand them over to any other company for its use, at a valuation or price to he mutually agreed upon between the owner of the poles and the City, and in case of failure to agree, the price shall he fixed by arbitra- tion; one arbitrator to be appointed by the mayor of the City, and the other by the president or manager of the company own- ing the poles; the two arbitrators so nominated to nominate a third. In case of disagreement the award of any two of the arbitrators shall be final and conclusive as to the price to be paid by the City for the poles. Two lines of same class — Engineer may arrange. 43. Where there are two lines of poles for wires of the same class on any street owned by different companies the engineer shall issue a permit to the owner of the pole or line of poles which he considers most suitable for the purposes for which they are required. Should neither of the lines be con- sidered suitable a permit shall be given to the company showing priority of location (to be decided by the engineer) and in such cases the company receiving the permit shall be the owner of the poles erected under such permit so long as it requires them for its own purposes, but the first cost of erecting such poles shall be borne jointly by the companies requiring them, and if at any time the company owning such poles ceases to use or occupy such poles for its own purposes the City shall have the right to take and appropriate the same in the same manner as in the preceding section. use by one 44. Any company requiring the use of a pole or line of poles of y ° f poles belonging to another company shall on receiving a permit another. from the engineer affix the necessary cross-arms and pins after due notice to the company which owns the pole or poles. The cross-arms and pins shall be placed in such locations on the pole or poles as are agreed upon by the companies interested, or in the event of failure to agree, in such locations as the engineer deems best. Any company requiring the use of a pole belong- ing to another company for a stay pole shall obtain a permit from the engineer, and shall keep such stay pole as nearly per- pendicular as possible as long as it is used by such company as a stay pole. The company owning a pole shall receive from any other company requiring its use for any purpose such sum as is agreed upon by the companies interested, or in the event of failure to agree such sum as the engineer deems proper. POLES AND WIRES IN THE STREETS 325 45 . Any company requiring the use of a pole owned by if insuffi- another company which is not high enough or for other reasons be^repiaced. will not afford the accommodation required may replace such pole by a higher pole, at the expense of the company requiring the same; but such new pole shall become the property of the company owning the original pole, and the company placing the new pole shall be responsible for all damage done in making the change. 46 . Within a reasonable time ( such reasonable time to be shifting determined by the engineer) after the issuing of the permit for existing lines or re-location of existing lines all wires shall be shifted when considered necessary by the engineer to the poles or lines of poles for which such permit has been issued, and in case of refusal or neglect by any company after ten days’ notice served on the manager of such company requiring it to shift its wires, or to permit any wires to be placed on its poles when directed by the engineer, the engineer may shift any wire which he considers necessary to shift at the expense of the company owning such wire, and such expense shall be recovered by the City against the owner of the wire. 47 . Every company owning poles shall allow the City, city to have free of all charge, the exclusive use of the top of each pole, and cross-arm >Per the upper cross-arm (to be placed and maintained by the com- pany) for the purpose of placing and maintaining thereon any wires now or hereafter required by the City. 48 . When required by the engineer every company own- Records, ing poles shall file at the office of the engineer such records of the poles, wires and fixtures owned by it as he requires. 49 . When required by the engineer, any company owning Aerial cables, wires shall gather and place in aerial cable lines any wires to the number of twenty-five or more in each cable in any street, according to the direction of the engineer, and within such time and in such manner and at such height as he directs; but no company shall be required to construct more than three thousand feet of -cable line in one year, except when the engineer considers it necessary in order to permit any other company to comply with this ordinance. 50 . No person shall put or place, or allow to be put or Advertise- placed, on aDy telegraph, telephone, electric light or other pole Sbu?d Pr °’ erected within the City for the carriage of electric wires, any advertisement, poster, placard or anything whatsoever except the wires and fixtures thereto attached. National Board Rules. Instructions to be followed. Penalty. Supervision and manage- ment. Board or member to visit prison. Accounts. How paid. Superin- tendent. 326 CITY PRISON 51. Every company owning or operating poles shall strictly conform to the rales and regulations in respect to poles and wires of the National Board of Underwriters. 52. Every person, company, corporation or lessee erect- ing or using poles shall obey and carry into effect any instruc- tions respecting them given by the Council, Board of Control, mayor or engineer, under the provisions of any enactment in that behalf or this ordinance, and after failure to comply with such instructions within the time specified therein, the engineer may cut down or remove such poles or any of them from the street, and may sever all wires which are attached thereto, and remove the same, and the City shall not be liable to the owners or users of such poles or wires for any loss, damage or injury sustained in consequence of such cutting down and removal. 53. E very person or company who contravenes or fails to comply with any provision of this ordinance in respect to which no penalty is provided sh?dl for each such offence be liable to a penalty not exceeding eighty dollars, and each day on which such contravention or failure continues shall constitute a separate offence. No. 9. CITY PRISON. lo The City Prison shall be under the general supervision and management of the Board of Control, subject to the control of the Council. 2. The Board, or a member thereof, shall visit the prison at least once in each month, and see that the laws governing it are carried out and enforced. 3- The accounts of receipts and expenses connected with the prison shall be kept under the direction of the Board, and if found correct certified by the Board, filed with the clerk and laid before the Council. 4o The accounts of the prison shall be settled every month, and be paid on the certificate of the Board. The Boar,d, subject to the provisions of the City Charter, may make contracts for the supplies of the prison, or make such other arrangement for supplies as it deems best. Before any account certified bv the Board is paid it shall be approved by the Council. 5. The prison shall be placed and kept under the charge of a superintendent. Underkeepers shall be employed at CITY PRISON 327 salaries to be fixed by the Council on the recommendation of the Board. One or more of the city policemen shall attend at the prison when required by the Board. 6. No prisoner shall be received by the superintendent f 0 °^“n tments without a written warrant of commitment, specifying the term writing - of imprisonment, and no prisoner shall be discharged without a written order signed by the proper authority. ? • The superintendent shall keep a book in which shall be Record Book - entered the name, age and description of every prisoner, the date of his commitment and discharge, and the term for which he is sentenced, and a record of his conduct during his imprison- ment. 8. Male and female prisoners and juvenile offenders shall and^^nS be kept in separate and distinct parts of the building, as deter- to be ke Pt a -L 4.1 -d j separate. mined bv the Board. 9. The cells in each wing shall be numbered, and the num- ceiis^to be her of the cell assigned to each prisoner marked in the record book. 10c The prisoners when not employed shall be locked in locked in their respective cells unless otherwise ordered by the Board, who shall hare power to relax the general rule in particular cases. 11. The superintendent shall see that the whole interior Prison to be of the prison is constantly kept clean and fully ventilated throughout all its apartments. It shall be thoroughly white- wa shed with 1 ime twice a year. 12 . Every prisoner shall be cleaned, shaved, and have a c^aniine^ shirt washed for him once a w~eek at least, and have a full daily supply of clean water and soap, and a clean towel once a week, and shall be supplied with a bucket and cover to be daily emptied for his necessary accommodation. 13. Every prisoner shall be allowed the means of bath- Bathing, ing the whole person once a week, either with cold or tepid wa er. 14 . No clothes shall be washed or hung up wet in any Wet clothes, room used as a sleeping apartment. 15. The wash-house shall be furnished with the necessary Wash house, appliances for washing, and shall be kept in order under the direction of the superintendent’s wife or the matron. 16 . The prisoners shall wear a prison uniform prescribed uniform, by the Board, so distinguished by color or other peculiar marks as to make the escape of prisoners more difficult. 328 CITY PRISON Diet. 17. The diet of the prisoners shall be in conformity to the table of diet hereto annexed, and the same shall not be retrenched or altered in any way unless by an express order of the Board. Conduct at mieal hours. 18. At meal hours the male prisoners shall proceed in order to the cook house and each one shall there receive a kit containing his food, and they shall then proceed to their respec- tive cells and take their meals separately, and then return their kits to the washhouse, where they shall wash them. The same rule shall be adopted so far as expedient with resp>ect to the female prisoners. Refractory- prisoners. 19. The superintendent may, with the approval of the Board, or a member thereof, secure any prisoner who has proved himself dangerous by threats or blows, or has attempted to escape, in closer custody than the others, or by irons or shackles. to be reported 20. Any prisoner turbulent, refractory or misbehaving him- Punishment. self, or attempting to escape, shall be reported to the Board, who may order him to be punished or more' securely confined. 21. The punishment of a prisoner shall be separate con- finement. The dark cells may be used by the special order of the Board, but not otherwise, except in cases of emergencies to be immediately reported to the Board. Empioyment. 22. Prisoners, both male and female, shal be employed in Work rooms. such way as the Board from time to time directs. 23. Suitable workrooms shall be provided for both male and female prisoners. Outside employment 24. Prisoners may be set to work by direction of the Board either inside of the prison or outside of the same; but no prisoner other than an adult male shall be given any work outside the prison. Hours of labor. 25. The hours of labor for prisoners shall be from six in the morning to six in the evening from the 22nd of March to the 22nd of November, and during the remainder of the year from eight in the morning to five in the evening on every week day, except statutory holidays. Sundays shall be faithfully observed in the prison as a day of rest and worship of God. Meal hours. 26. The prisoners shall be allowed during the summer months one hour for breakfast, between eight and nine in the morning, and one hour for dinner, between one and two in the CITY PRISON 32 & afternoon ; and in the winter time one hour for dinner between noon and one in the afternoon. Their supper shall he at six in the evening, at which they shall he allowed a half hour, after which they shall retire to rest until five o’clock the next morn- ing. 27 . The whole prison shall he thoroughly inspected twice Inspectl0n - in each year, the last week in June and the last week in December. Inspection shall be conducted by the Board. The roll of the prisoners shall he called and every prisoner’s condi- tion as to health and behavior noted, and the (clothing and bed- ding of every prisoner inspected and any deficiency noted. The state of every part of the buildings, the floors, windows, chimnies, doors and furniture noted, and a report in writing in detail, signed by the mayor, shall be laid before the Council at its next meeting. 28 . N o person shall be permitted to visit the prison unless visitors, by the written permission of a member of the Board, and no visitor shall be admitted before eight o’clock in the morning or after six o’clock in . the evening. The Mayor and other members of the Board of Control, aldermen, solicitor, clerk, chief of police, sheriff of the county, clergymen of all denomina- tions, and physicians and surgeons practising in the City, may visit the prison at any time they deem necessary. 29 . Copies of so much of the City Charter as respects the ordinance to city prison, and of this ordinance, shall be kept constantly post- be posted - ed up in two or more conspicuous places within the prison. SCHEDULE. prisoner’s allowance in city prison. For Men. Each prisoner half lb. meal in the morning, and the same in the evening. Dinners: — Sunday — Half lb. meat with half lb. bread, soup, with barley. Monday — Half lb. fish with half lb. bread. Tuesday — Ox feet soup with barley, with half lb. bread. Wednesday — Half lb. fish with half lb. bread. Thursday — Half lb. meat, half lb. bread • soup, with barley. Friday — Half lb. fish, half lb. bread. Saturday — Ox feet soup with barley, half lb. bread or half lb. potatoes. For Women and Boys. Each prisoner, 6 oz. meal in the morning, and the same in the evening. At dinner, 4 oz. bread, or half lb. potatoes, the other articles the same as the men. 330 THE CITY HOME Board of Con- trol to super- vise and manage. Accounts. Purchase of supplies. Emergency. Board or member to visit. Officials. W a rd overseers. No. 10. THE CITY HOME. 1. The Board of Control shall have the general supervi- sion and management of the City Home, including, subject to the provisions of the City Charter, the purchase of food, cloth- ing, fuel and other supplies and requisites. It shall, in this ordinance, . be designated as the Board. 2 . The accounts for all goods purchased shall be submitted to and orders for supplies authorized by the Board at least once a month. 3. All articles of clothing, dry goods, groceries, meat, hay, straw, boots and shoes, leather, crockery, tinware and other necessaries shall, as far as possible, be furnished by tender and contract. Such articles as cannot be supplied by tender and contract shall be purchased at the lowest possible price after due inquiry. 4. In case of emergency, any supplies not authorised by the Board may be obtained on a requisition, to be signed by the superintendent, and countersigned by the mayor ; and such special requisition shall be reported to the Board at its next meeting. 5. The Board or a member thereof shall visit the institu- tion at least twice per week, to consult with the superintendent and see that the rules are carried out. OFFICIALS. 6, The officials of the home shall be appointed annually, their salaries determined and their duties defined, by the Council on the recommendation of the Board of Control, and shall be a superintendent, matron, physician (who shall be the city medical officer), secretary, engineer and assistant, fireman, store-keeper, and such other as are found necessary by the Board, who shall determine their compensation and define their duties, when such duties are not fully set forth in this ordinance. *7. In each ward-room or workshop, one of the inmates shall be designated by the superintendent or matron as ward or work overseer, who shall carry out the instructions of the sup- erintendent or matron ; and the Board shall have power to fix compensation to be paid any inmate for services rendered. THE CITY HOME 331 SUPERINTENDENT AND MATRON. 8 . The superintendent shall have charge and supervision |“nt to n have of the institution in all its departments. He shall make out and p^rge and sign requisitions for all goods and supplies required by the insti- supplies, tution, after being duly authorized by the Board at any meet- ing, and the same, unless covered by accepted tenders, shall be purchased by him on the best possible terms. 9 . The superintendent or his assistant shall personally Examine examine all persons applying for admission, note and cause to admiSoS f ° r be recorded in the admission book such facts in regard to them as are important to be preserved, such record to be made not later than twenty-four hours after admission of such person, shall cause each person to be thoroughly cleansed, and the clothing on the person to be examined, and if the clothing is not clean the same shall be taken off and clean clothing sub- stituted until the clothes taken off are cleansed, then if found suitable the same clothing to be put on again. Persons so apply- ing shall be suitably classified, having reference to their age, condition and general character, placing those who require medical treatment in the hospital wards, and the insane in the insane wards, there to be examined by the doctor. The super- intendent shall be especially careful that the infirm, sick and ‘insane inmates are treated with considerate care and kindness. 10 . The superintendent shall make all regulations for the Regulate domestic management of the institution, subject to the approval management, of the Board, shall enforce obedience on the part of the inmates to the rules prescribed for them, and shall keep a record of all cases of discipline, which shall be open for examination to the Board. 11. He shall see that the regulations for the management Enforce of the Home, and the government and employment of the in- mates are duly enforced, and that the subordinate officers and others employed about the Home, in the workshops and else- where, discharge their duties faithfully. Any inmate refusing to work on the plea of being sick shall be examined by the doctor, who shall decide whether such inmate is capable of doing the work assigned to him or her. 12 . He shall see that the provisions furnished to the Examine inmates are of good quality and in sufficient quantity, and that provls,ons they are properly stored and distributed, and that no waste is permitted. He shall not permit the use of intoxicating drink bv any officer or inmate, except by orders from the doctor. He shall see that the building is kept clean, warm and ventilated, and that such of the inmates as are able to perform labor are 332 THE CITY HOME kept employed, and that all the concerns of the establishment are well ordered and conducted. pay employes ^- e cause to he collected at the end of each month all the bills of goods contracted for during the month, sign the same on being found correct, and pass them over to the secretary. He shall on the first of each month pay all the employees of the institution, and shall also sign the pay sheet after it is made out by the secretary, if found correct. Report insub- ordination. 14. He shall immediately inform the mayor of any insub- ordination on the part of any employee of the institution, and shall suspend such employee, pending an investigation by the Board. Make monthly 15. He shall report to the Board monthly the state of the Home, the list of all salaried officers and their salaries, of the employees and their wages; also, the amount of stock and supplies on hand, and their value. He shall inspect all goods that are contracted for upon their arrival at the institution, and if found not according to the specification, he shall have the same returned to the contractor, the contractor paying all expenses therefor. Attendance. 16. He shall notifv his assistant when he is leaving the* O Home to remain until his return ; both shall not be away from the Home at the same time under any circumstances. duties. 17. The matron, subject to the superintendent, shall see that all the female inmates are provided for, according to their respective requirements, that the regulations for cleanliness both in their persons and their apartments are strictly carried out, that good order and decorum are observed at all times, and shall report delinquents to the superintendent for discipline. She shall have charge of all the goods and furniture in her department, and shall see that none are lost or destroyed. She shall assign to the women under her charge such labor as in her judgment they are best fitted to perform, subject to the approval of the doctor. She shall at proper and stated times have all the clothing of the inmates of the institution changed, also all the bedding and mattresses. She shall have the general direc- tion and oversight of the whole domestic management of the institution, and shall see that her assistants faithfuly discharge the duties assigned to them. WATCHMAN. 18. The watchman shall be on duty from eight o’clock in the evening until six o’clock in the morning ; shall keep vigilant watch and see that none of the inmates leave the building during Watchman. THE CITY HOME 333 the night, see that no matches are being used by the inmates, also that there is no smoking by the inmates during the night; shall give instant alarm to the superintendent and engineer in all cases of fire or accident of any description during his watch, shall report to the superintendent upon going off duty in the morning any breach of the rules of the institution coming under his observation during the night, and also see that the fires in the boiler house and kitchen range are safe. He shall visit the sleeping apartments of the inmates and all other parts of the institution at least once in two hours. SECRETARY. 19 . The secretary shall, under the direction of the Board and secretary’s the superintendent, keep the records and registers of the insti- tution (with the exception of the medical records, which shall be kept by the doctor), make weekly returns to the Board of all things passing under his hands, do all the correspondence in connection with the institution, copy all letters, receive all accounts from the superintendent, duly enter such accounts in the books, and lay the same before the Board at the first meet- ing of each month. 20 . He shall assist the superintendent in all clerical work. -^ B t ^£^2 er ‘ 21 . In the absence of the superintendent he shall perform Takesuperm- hlS duties. place. THE ENGINEER. 22. The engineer shall have charge, under the direction Engineer’s of the Board and superintendent, of the heating apparatus. duties ' steam boilers, hot water boiler, fuel, gas, water supply, fittings and all machinery placed in his care. He shall make out and sign all requisitions upon the superintendent for all articles required in his department. He shall note daily in the fuel book the quantity of coal consumed for all purposes; he shall inform the Board in July of each year of the amount of coal required for the ensuing year. 23 . It shall be his duty to produce such even and suitable ventilation, temperature and ventilation in all the wards, dining and work rooms, as is directed by the doctor and superintendent. He shall keep the boiler room and all parts of his department neat and in good order. He shall at least once per month exercise the men under him, and such others as the superintendent appoints, in the use of the ho> and other appliances connected with the fire department. H shall inspect the water closets and bath rooms daily, and report to the superintendent any necessary repairs that are required to the same. 334 THE CITY HOME Steam and hot water. Repairs, &c. Storekeeper. Doctor. Nurses. Attendants. 24. He shall furnish steam for the laundry and cook house according to the requirements of those departments, and attend to the distribution of both hot and cold water in the building according to the wants of the different parts. 25. He shall keep the Home and the buildings connected therewith in good repair, and when any repairs thereto are necessary, he shall report the same to the Board. He shall assist the superintendent in looking after the inmates who are able to work, and shall perform such other duties as are reason- ably required of him. THE STOREKEEPER. 26. The storekeeper shall be the custodian of all stores that come into the storerooms, and shall issue them only upon the order of the superintendent, doctor, or matron. He shall keep a correct record in the stores hook of all stores that go out and to whose order, and also all stores that come in, in order to render to the superintendent at least once per month a state- ment of all stores passing through his hands. THE DOCTOR. 27. The doctor shall visit all the hospital wards in con- nection with the Home at least once per day. He shall have sanitary supervision over all the inmates therein. He shall attend and prescribe in all cases of sickness, shall report daily to the superintendent all cases of births and deaths, and shall have oversight of the nurses in the hospital and insane wards. He shall examine all inmates who are reported to him sick, and decide whether they are able to work or not. He shall be sub- ject to the call of the superintendent for urgent cases at the Home at all times. NURSES AND ATTENDANTS. 28. The nurses in the male and female hospitals shall see that all the medicines prescribed by the doctor are administered to the patients, and at the correct time; that all orders from the doctor are strictly enforced ; that the food is properly dis- tributed, and the rooms, beds, bedding and clothing kept in a wholesome condition; and that the comforts of the sick and infirm are in every way promoted, giving to the discharge of their duties close personal attention during the hours of duty. They shall strictly guard against smoking at night. 29. The attendants shall see that all their wards and rooms are kept clean, warm and ventilated, and that all the inmates are bathed once a week, and more often if found neces- sary ; that a sufficient quantity of food is furnished each person, THE CITY HOME 335 and if any person refuses the food provided, that notice thereof is given to the doctor. They shall notify the superintendent of all persons that they find capable of doing work ; at least once a day they shall report to the superintendent the state of the wards in their charge respectively, and any complaints that are made by the patients, also any insubordination that arises or any breaking of the rules of the institution. 30 , All subordinate officers shall in addition to the rules Subordinates, specified hold themselves in readiness to perform any service reasonably required of them by the superintendent. MISCELLANEOUS. 31 . From the first of October until the first of April in Hours ° f nd each year the rising bell shall be rung at 6 o’clock a. m., and retiring, the retiring bell at 8 p. m. ; from the first of April to the first of October in each year the rising bell shall be rung at 5.30 a. in. and the retiring at 8.30 p. m. 32 . The hours of labor shall be from 7.30 a. m. to 11.30 Hours of a. m., and from 1 p. m. to 5 p. m. ; on Saturday afternoon the men will work only when special cases require the same to be done. 33 . Every inmate, unless excused by the doctor, shall cleanliness, be bathed at least once a week; cleanliness shall always be enforced by appropriate discipline. The mattresses shall be refilled with new clean straw at least twice per annum. 34. Inmates may be visited by their friends every Sunday, visitors. Tuesday and Friday, between the hours of 1 and 4 o’clock, but in urgent cases they may visit any day of the week, by obtain- ing an order from a member of the Board. Visitors are strictly forbidden to give to any inmate or bring into the institution, intoxicating liquors of any description ; any person violating this rule shall forfeit his right of admission to the institution, and shall not be allowed that privilege again, except by the special permission of the Board. 35 . Leave of absence shall be granted by the superintend- Leave of ent once a month to any inmate who has not broken any of the absence - rules of the institution. Any inmate returning to the house under the influence of liquor shall forfeit his right of leave of absence for three months. 36 . Every inmate will be required to attend religious Religious sendee on each Sunday unless excused by the superintendent. Fervices - Any inmate may attend any religious service during the week, but after the service is over those working must resume work. 333 THE CITY HOME improper 37 . Every officer or employee of the institution shall avoid the use of improper language, and shall treat each other and the inmates with courtesy, and any violation of this regulation shall be sufficient cause for dismissal. 38. Insane inmates shall be treated in a kind and gentle manner, but subject to strict discipline; sympathy and kind- ness shall he the rule, force and restraint the exception. Ho attendant shall strike an inmate under any circumstances. Quarrenmg 39. Ho quarrelling or the using of prof ane language will be allowed at any time, and if any person has any complaint against another, the complaint must he made to the superin- tendent or matron. Walls. &c., not to be defaced. 40. All inmates of the institution who soil or deface the walls or ceilings by any dirty habit, carelessness or design, or misuse their clothes, their working tools, or any article com- mitted to their care, destroy the furniture, the windows, or any- thing in connection with the institution, or who place anything in the water closets to interfere in any way with the same, whereby they may he stopped up or damaged, shall he punished at the discretion of the superintendent. clothing. 41. Ho clothing or other articles shall be allowed to be brought into any wards or rooms of the institution; any such articles or clothing owned by any inmate shall on entry ( if of any value) be placed in the custody of the superintendent, who will deliver the same to the owner when required for use. children to be 42. Women leaving the institution must take their with n m^hers. children with them. r^death 43. On the death of any inmate, any money or personal property belonging to him or her will be retained by the insti- tution towards payment of his or her support or burial. Discipline. 44. Discipline may extend to the diet, the labor, the restraint, the confinement or discharge of the inmate, accord- ing to the condition of the offence, and shall be exercised by the superintendent, or by his order, subject to the approval of the Board or a member thereof, but in all cases of discipline or restraint a record shall be kept of the cause and duration of the same. Drunkenness, 45. Any inmate returning to the institution after leave of ment of. absence in a drunken condition, or becoming drunk while in ihe institution, or guilty of disorderly conduct in the institu- tion, may be> punished by imprisonment in Bockhead Prison THE COMMON -POINT PLEASANT PARK 337 for a period not exceding one month, such imprisonment to he imposed by the stipendiary magistrate on conviction of the offence under the Summary Convictions Act. 46. A copy of these rules shall be hung in every room Rules to be and ward of the institution, and should the said rules be kPpt posted defaced (except by accident) by any of the inmates or employees such inmate or employee shall be dealt with accord- ing as the Board or a member thereof orders. No 11. THE COMMON. 1. The Common of Halifax shall be under the control the Commissioners of Halifax Common. of Controlled by Commission- ers. 2. No person shall permit anv horse, ass, mule, ox, cow, Horses, cattle, # sheep, pig, goat or goose to go at large upon the ( ommon. at large. 3. No person shall — ( a ) deposit on the common any earth, ashes, stone, Depositing manure, dead animal, broken glass, empty can or other booths, etc. rubbish ; or ( b ) dig up the surface of the common or remove any turf or soil therefrom; or (c) erect any booth, shed or other structure on the com- mon; ^x^ept by permission from the Commissioners, and on such terms and conditions as they specify. 4. No person shall destroy or injure any tree or shrub, or Trees not to any box around any tree, or any fence on the common. 5. No person shall drive any wagon, cart, sleigh, or other vehicles not 1 f. , " i i & ’ to be driven vehicle on any part ol the common other than the regular roads across, or streets across the common. 6 . Any person who violates any of the provisions of this penalty, ordinance, shall for each offence be liable to a penalty not exceeding ten dollars, and in default of payment to imprison- ment for a period not exceeding ten days. No. 12. POINT PLEASANT PARK. 1* The directors shall appoint one or more park keepers Park keepers, who, while in office, shall in all things relating to the park and offences committed therein and violations of these ordinances, have and exercise all the duties and powers of constables, and on his or their appointment shall be sworn into office as con- 22 338 POINT PLEASANT PARK stables, and shall continue in office so long as they remain park keepers, or until their authority is revoked by the mayor. Horses, cattle, 2. It shall be the duty of the park keepers to impound or ing of. cause to be impounded, any horses, cows, sheep, goats or swine, or other cattle fouled straying or grazing within the park, and the owners thereof shall be subject to the penalties imposed by any ordinance of the City in relation to animals going at large within the City, and the course of proceeding for the recovery thereof shall be the same as therein directed. Rubbish, etc., not to be de- posited — trees not to be injured. 3. Ho person shall deposit rubbish or other articles on any part of the park, or remove earth, sods, stones, gravel, sand or seaweed from the park or the shores thereof, or injure any of the ponds, or take ice or water therefrom, or cut down or take away, or injure any of the trees, shrubs or bushes growing thereon, or erect any booth, tent or shed, without having received the permission of the president or secretary of the directors, in writing, and submitted the same to the park keeper; and no fires shall be kindled therein without the per- mission of the park keeper and under his directions, and no fire-arms shall be discharged within the park, and for each offence the person offending shall incur a penalty not exceed- ing five dollars, and in default of payment to imprisonment for a period not more than ten days. Good order— 4. The park keepers shall use their best endeavors to pre- preservation gerve q U ^ e ^ an!C i good order in the park, and shall take care that no riotous, disorderly or improner conduct takes place, and that no obscene or profane language is used, and that persons resorting to the park for exercise and recreation are not dis- turbed or molested, and shall allow no lewd, drunken or dis- orderly persons to remain therein. 5. Park keepers may arrest upon their own view persons offending against any of these regulations, and may employ any constables or other persons to aid them in such arrest and to convey the offenders to the police office or station, to be dealt with according to law. Automobiles prohibited. 6. Ho automobile shall be used on any 7 roadway 7 or path in the park, and any person contravening this section, shall for each offence be liable to a penalty not exceeding twenty dollars, and m default of payment to imprisonment for a period not exceeding one month. 7. Hothing in these regulations shall affect the rights reserved in the original lease of the park of the 31st December. 1873. Rights under lease reserved. CAMP HILL CEMETERY 339 No. 13. CAMP HILL CEMETERY. 1. In this ordinance the expression “commission” means interpretation the Commissioners for Camp Hill Cemetery, the expression “chairman means the chairman of that commission, and the expression “keeper” means the keeper of Camp Hill Cemetery. 2. The circular space in the centre of the cemetery shall circular not be sold or used as a place of interment, hut shall he retain- space ' ed as an open space. 3. The spaces of two and one-half feet each, reserved as Alleys, alleys between the lots, shall continue to he reserved for that purpose. 4. No lot shall be sold or transferred without the consent J f r ^ fer of the commission. 5. The owner of any lot which has not been used for in- Exchanges, terment, may, with the consent of the commission, exchange the same for any other lot not so used. 6. Any person who has purchased any lot, or made use of ^c^oZiot*. the same for the purpose of interment, and has not paid for the same, shall be liable for the price of the same, to be recover- ed from him by action in the name of the City. 7. No person shall enclose any lot, or erect any monument only owner.-? . - . ■ ..to enclose. therein, or cultivate the same, or plant any tree, shrub or plant therein, unless he has become the owner of the same. 8. No lot shall be used for any purpose other than the oniy 6 f or burial burial of the dead, except that the owner thereof may, subject to the next preceding section, erect theron any monument or other sepulchural structure, or plant trees, shrubs or pi ants. 9. (1 .) Every owner of a lot shall, at his own expense, Marks of lot?, set up suitable marks of stone or iron at the corners of the lot, with the number of tjie lot (or if more lots than one are con- tained in the same enclosure, the numbers of the lots so con- tained), marked thereon. (2.) If any such owner fails, for thirty days after notice, to set up such marks, the commission may cause the same to be done, and the expense of so doing may be recovered from such owner by action in the name of the City, 340 CAMP HILL CEMETERY Burial permits. Walls, rail- ings, etc. Commission to approve To be kept in good repair. Grass, etc. not to be deposited in walks. Permit for work. Work to be done in ac- cordance with permit. 10 . Xo dead body shall be interred in any lot until a per- mit for the burial has been obtained from the clerk, which permit shall be left with the keeper at or before the time of burial. 11 . (l.)The owner of any lot may enclose the same with a wall, fence, or railing of brick, stone, iron or wood, within the boundaries of his lot; but (a) Xo such wall, fence or railing shall exceed three and one-half feet in height, and (b) Xo such wall, fence or railing, or any post, pillar or monument shall encroach upon any of the main avenues, or any of the spaces reserved for alleys, or extend beyond the boundaries of the lot. (2.) The keeper shall immediately report any violation of this section to the commission and the commission may, if it deems fit, remove any such encroachment. 12 . Xo wall, fence or railing shall be placed round any lot unless the design and material of the same are first sub- mitted to the commission for its approval, and such approval signified in writing to the keeper of the cemetery. 13 . Every such wall, fence or railing shall be kept in good repair and condition, and every such fence or railing shall be kept properly painted. Any such wall, fence or railing not so kept may be removed by the commission if the owner of the lot, on being notified in that behalf, fails to comply with such notice for ten days, and the materials sold to defray the expense of removal : the balance, if any, may be used for the reasonable improvement of the. lot. 14 . X o person shall deposit any grass, earth or other rubbish in any road, side path or alley. 15 . Any person, before beginning to erect any monument, tombstone, or other sepulchural structure in any lot, shall obtain a permit therefor in writing from the keeper, specify- ing the work to be done, and the conditions for doing the same. A fee of twenty-five cents shall be paid to the keeper for each such permit, to be paid by the keeper to the treasurer, to form part of the appropriation for the cemetery for the year. 16 . Any person doing any such work as is specified in the next preceding paragraph, shall comply with the conditions specified in the permit therefcr, and in particular shall cut stone, mix concrete, or do anv ether work involving the deposit CAMP HILL CEMETERY 341 of any dirt or rubbish in such parts only of the cemetery as are designated for that purpose by the keeper, and shall, with- out delay, on the completion of the work’ remove all dirt or rubbish occasioned by the doing of the work. 17 . Every person applying for a permit to do any work, Deposit shall deposit with the treasurer the sum of five dollars, to be reqmred - expended by the keeper if need be in the removal of any dirt or rubbish deposited by the person applying for the permit, and not removed by him. It shall not be necessary for a person who has so ideposited five dollars to make a further deposit on the issue of a subsequent permit until some part of the money so deposited has been applied in such removal, but when any part has been so expended no further permit shall be issued to such person until the amount on deposit is again made five dollars. Any money so deposited may, on application to the treasurer and the production of a certificate from the keeper that all dirt or rubbish deposited by the applicant has been 'cleared up, be returned to the person depositing the money, but no further permit shall be issued to the applicant until a sum of five dollars has been again deposited. 18 . If any branch or root, or other part of any tree Or Encroach in shrub planted in any lot, encroaches on any other lot, or on branches - any avenue or alley, the committee shall cause such encroach- ment to be removed. 19 . Any dead tree, shrub or bush may be removed from Dead trees, any lot by the keeper. 20. Ao grave shall be dug to a less depth than four feet. g r e a p v tb p of 21 . Any person who defaces or injures any tomb, tomb- P efaoin s stone, monument, wall, railing, or fence, or injures or disturbs, or climbs upon any tree, shrub or plant within the cemetery, shall, for each such offence, be liable to a penalty not exceed- ing fifty dollars, and in default of payment, to imprisonment for a period not exceeding ninety days. 22 . Between the 1st December and the 1st April, theP ou . rsof 1 7 closing. gates of the cemetery shall be kept closed from 5 o’clock in the afternoon until 8 o’clock in the following morning. During the rest of the year they shall be kept closed between sundown and 7 o’clock on the following morning. 23 . Every person who contravenes, or fails to comply penalty, with any provision of this ordinance for which no penalty is specifically provided, shall for each offence be liable to a Board of Control to have control. License re- quired. Number limited. Date of application. Term,. License fee. Transfer at death, etc. 342 THE REGULATION OF HACKS penalty not exceeding five dollars, and in default of payment to imprisonment for a period not exceeding ten days. ( Permit. ) CAMP HILL CEMETERY. Permission is hereby given to in lot No. , the property of , subject to conditions following. CONDITIONS. The work permitted is to be completed, and all dirt or rubbish cleaned up within days from the date hereof. Any stone cutting, mixing of cement, or other work, is to be done in such part of the cemetery as the keeper designates. No. 14. THE REGULATION OF HACKS. 1. Subject to the provisions of the City Charter and of this Ordinance, the control of the hacks shall be vested in the Board of Control, hereinafter referred to as “the Board.” 2. No person shall ply for hire with any hack without having first obtained a license therefor. The license may be in the form in the schedule or to the like effect. 3. The number of hack licenses shall not exceed eighty in any year. 4. Every application for a hack license shall be made between the 15th day of April, and the 1st day of May, and, except as is hereinafter provided, no license shall be granted after the 1st day of May. 5. Every hack license shall be dated on the 1st day of May, and shall expire on the 30th day of April next succeeding. 6. The fee payable for each hack license shall be five dollars. 7. If any holder of a hack license dies, or makes an assignment under the Assignments Act, or leaves the City, a license for the unexpired term of his license may be issued to the purchaser of his hacks — provided such purchaser is, in the opinion of the Board a fit and proper person to receive a license, and otherwise conforms to the requirements of the Charter and this ordinance. THE REGULATION OF HACKS 343 8. Every application for a hack license shall he made to Mode of f *he Board in writing by the bona fide owner of the vehicle for a PP llcatlon - which a license is desired. The applicant shall he recommend- ed in writing by two rate-payers as a fit and proper person to be granted a license, and the Board may refuse to grant a license to any applicant who, in their judgment, is not a fit and proper person to hold a license. 9. Any vehicle licensed as a hack shall be a closed car- class of • • • • vehicles riage capable of seating not less than four persons, in addition to the driver ; but a barouche may be substituted therefor in the summer, when the weather is suitable ; and in the winter a closed or open sleigh, according to the weather ; but such sub- stituted vehicle shall not be in use at the same time as the vehicle for which the license was granted; and the provisions of this ordinance shall apply to any such substituted vehicle. 10 . No license shall be granted in respect to any vehicle Inspection, until the same has been inspected and approved by the Board, or some person on their behalf. 11. Every vehicle licensed as a hack shall at all times, vehicles to be when in use, he kept clean and in good order ; and may be order n s °° d inspected at any time by the Board, or any person appointed by them, and the Board may cancel or suspend the license of any vehicle not kept clean anc 1 in good order. 12 . No horse shall be driven in any licensed hack which Horses, is not in the opinion of the Board suitable for the work, and every horse so employed shall he kept in good order and con- dition to the satisfaction of the Board or any person appointed in their behalf. 13. No person other than the licensed owner thereof Licensed shall drive any hack unless licensed as a driver. A driver’s drivers - license may he issued by the Board on payment of one dollar, ; but no such license shall be issued to any person under eighteen years of age, or to any person, in the judgment of the Board, not a fit and proper person to be a driver. 14. Every owner of a licensed hack who permits his Penalty for hack to be driven by, or be placed upon the stand in charge of. dHvers Sed an unlicensed person, shall, for each such offence, be liable to a jienalty. 15. Every licensed owner who dismisses a licensed driver Dismissals to from his employment shall immediately on such dismissal notify bereported - the clerk of the same. Number. Lamps. Badges. Supplied by clerk. Delivery up of badges. Soliciting without badge forbidden. Only owner or driver to solicit. Stands. Hacks to be on stands. 344 THE REGULATION OF HACKS 16 . The Board shall assign to each licensed hack a num- ber which shall be entered in the license, and shall be painted # or affixed in a conspicuous manner, and in numerals not less than one and a half inches high, upon the hack; and a register of such number, with the name of the owner of each hack so numbered, shall be kept by the clerk, and may be inspected by any person. 17 . Every licensed hack when in use, or upon its stand, between sunset and sunrise, shall have fixed on some conspic- uous part of the outside thereof two lighted lamps, with plain glass fronts and sides, and having the number of the hack painted, with black paint, on the front and sides of each lamp, in numerals of not less than one and a half inches in size. 18 . Every driver of a licensed hack shall, when driving the same, or on the stand, or otherwise seeking employment therefor, wear on his hat or cap, or, in the case of a driver wearing livery, upon the lapel of his coat, a suitable badge with the number of his hack in numerals of a suitable size. 19 . The badges shall be supplied by the clerk on applica- tion by the licensee, and on payment of one dollar, which shall be returned on delivering up the badge to the clerk. 20. Any licensee whose license is cancelled, or not renew- ed, or suspended, shall within ten days after such non-renewal, cancellation, or suspension, deliver up his badge to the clerk. 21 . E"o person not wearing a badge supplied by the City shall solicit passengers in any place. 22. Xo person other than the licensed owner of a hack, or the licensed driver of the same, shall solicit passengers for that hack. 23 . The Board may from time to time appoint places in the City to be stands for hacks, and may from time to time discontinue or change the same and appoint other places as such stands. 24 . The Board shall appoint a stand for each licensed hack, and may from time to time change the same, and the hack shall stand, and ply for hire at the place so appointed for it, and no other, except when attending at a railway passenger station, steamboat wharf, or other similar place to await the arrival of passengers. Every owner or driver of a licensed hack who contravenes, or fails to comply with this clause, shull for each such offence be liable to a penalty. THE REGULATION OF HACKS 345 25. In the ease of a person holding a license for two or several backs more hacks, it shall not be necessary to designate which hack or of one owner - hacks shall be placed on a particular stand, but any hack own- ed by him, and for which he holds a license, may be placed on the stand or stands allotted to him ; provided that the total number so placed does not exceed the number for which he holds a license, and that the number of hacks placed by him on any one stand does net exceed the number allotted to him in respect to that stand. 26. The berths upon each stand shall be numbered, and Berths, the first hack to go upon the stand in the morning shall take berth JSTo. 1: the second, No. 2; and so on : and upon any hack leaving its berth, all the hacks below it shall move up. 27. The driver of a licensed hack shall not leave his team Drivers to while employed therewith or seeking employment therefor, ™ n by and while at the stands the drivers shall remain by their hacks and not stray therefrom, or form into groups. 28. Every driver of a licensed hack shall, when employed therewith, be neatly and cleanly attired. To be neat and clean. 29. No driver of a licensed hack shall make use of any abusive or insulting language. Abusive language prohibited. 30. E"o driver of any licensed hack shall at any railway Good order station, steamboat wharf, or other public place, conduct himself statin™ 35 in a noisy or disorderly manner ; and the Board may, from time to time, make regulations governing the conduct of drivers at such places, and the manner in which they shall ply their call- ing thereat. 31. ETo licensed hack shall be driven faster than an easy Fast driving prohibited. 32, No licensed hack shall be used for the conveyance of Dead bodies - a dead body, unless, before the body is placed therein, there is produced to the owner or driver of the hack a certificate by the clerk, stating that the cause of death was not any infectious or contagious disease. Every owner or driver who contravenes or fails to comply with this section shall be liable to a penalty of ten dollars, and in default of payment, to imprisonment for twenty days. 33. The fares for the distances set out in the schedule to Fares, this ordinance may be charged for conveyance in a licensed hack. Copies of such schedule shall be furnished to every person holding a hack license on application to the clerk; and 346 THE REGULATION OF HACKS Excessive fares pro- hibited. Penalty. one of such copies shall be posted up in a conspicuous position and protected by glass, in the inside of the hack. 34. Every licensed hackman or driver who receives or demands a fare greater than is specified in the schedule, shall be guilty of an offence against this ordinance. 35. Every person who contravenes or fails to comply with any provision of this ordinance in respect to which no other penalty is provided, shall, for each such offence be liable to a penalty not exceeding five dollars ; and in default of payment, to imprisonment for a period not exceeding ten days; and in case of any such contravention or failure to comply by any holder of a hack license or licensed driver, the Board may punish such offence by cancellation or suspension of the license, or by a fine, not exceding five dollars. SCHEDULE. FORM OF HACK LICENSE. License is hereby granted to to drive a Hackney Carriage in the City of Halifax, until the 30th day of April, 19 The number of such Hack shall be The stand appointed for the same shall be Section No. The licensee undertakes to comply with the laws and ordinances of the City of Halifax. Mayor. City Clerk. TABLE OF FARES AND DISTANCES. Distances. From the Grand Parade North to Jacob Street or Commercial Wharf £ mile. South end of Maynard Street or Cunard’s Wharf £ do. North end of Park Street or Deep Water Terminus £ do. Institute for the Deaf and Dumb, or Dockyard Gate 1 do. Wellington Barracks (east or west front) 1$ do. Richmond 2 do. From Grand Parade South to Corner of Morris and Pleasant Sts., 4 do. Blind Asylum or Convent £ do. Laidlaw’s Wharf or corner of Inglis Street and Tower Road or Poor’s Asylum 1 do. Steel’s Pond, the Bower Road, or Studley 1£ do. Franklyn Street, Theological Hall, or Belmont 1$ do. Fort Ogilvie or the Old Penitentiary 1$ do. Point Pleasant 2 do. From the Grand Parade West to Park Street (West side of the Citadel) $ do. Camp Hill Cemetery, or St. Andrew’s Cross £ do. Louisburg Street 1 do. McCullough’s Road. Oxford Street, or Leahy ville 1$ do. Horse Shoe Island 2 do. North-west Arm Bridge 2$ do. THE REGULATION OF TRUCKS 347 h Fares. For each person for any distance up to one mile 25 Cts. “ “ “ “ one mile and a half 30 do. “ “ “ “ two miles 40 do. “ “ two miles and a half 45 do. “ “ “ “ three miles 50 do. One half of the above rates to be paid if returning in the same car- riage. For every 15 minutes after first 15 minutes 15 cents evtra is allowed For all hacks or cabs hired by the hour the charge shall be For a one horse carriage per hour $1.00 For a two horse carriage per hour 1.50 And a like proportion for every fraction of an hour. Persons engaging a licensed hack by the hour to state the same at the time of hiring. To or from any steamer or passenger vessel, to or from any railway station, or to or from any hotel or dwelling house to any wharf, stage office, railway station, dwelling house or other place, with \ cwt. of luggage for each person for any distance within the city limits 50c Children under one year old free; over one year old and under twelve half fare. For employment in the night time between 12 o’clock midnight and 6 o’clock a. m. in summer and 12 o’clock midnight and 7 a. m. in winter the fare shall be as parties may agree, not however to exceed double fare. The Fares for licensed motor cabs shall be For a five-passenger car, per hour $2.00 For a seven-passenger car, per hour 2.50 No 15. THE* REGULATION OF TRUCKS. 1. Subject to the provisions of the City Charter, and ofL° a> bo £ Description of person selling. e kept closed until five o'clock on the morning of the following day; and the occupiers in charge of such respective shops shall CITIZENS’ FREE LIBRARY — INDECENT BATHING 371 close and keep such shop closed within the hours hereinbefore provided for the same being closed and remaining closed. 2. Any person who violates the provisions of this Penalty, ordinance shall for each offence be liable to a penalty of not less than one, nor more than twenty dollars, or in default of payment to imprisonment for one day for each dollar of the penalty imposed. 3. Nothing in this ordinance shall render the occupier Emergency o j exc6pt6u. of such shop liable to any penalty or imprisonment for supply- ing any article required for immediate tise by reason or because of any emergency arising from sickness, ailment or death ; but nothing in this section contained shall be deemed to authorize any person whomsoever to keep open any of the said shops after the hour appointed by this ordinance for closing of such respective shops. No. 30. CITIZENS’ FREE LIBRARY. Any person who wilfully or maliciously cuts, writes Penalty for in upon, injures, defaces, tears or destroys any book, magazine, Jurms b00ks ‘ periodical, newspaper, plate, picture, engraving or other pro- perty belonging to the Citizens’ Free Library, shall for every such offence be liable to a penalty of not less than five nor more than fifty dollars, and in default of payment, to imprison- ment for a period not exceeding one month. No. 31. INDECENT BATHING No person shall bathe in any part of the Harbor, including Penalty for in the North-West Arm and Bedford Basin, near to any wharf , ?ng. ent batb slip or dock, or to anv street or road, or otherwise exposed to the view of the public, without bathing clothes ; and any person who fails to comply w T ith this ordinance shall for each offence be liable to a penalty not exceeding ten dollars, and in default of payment to imprisonment for a period not exceeding ten days. 372 COMMUTATION OF LEASES OF COMMON LOTS Prices to be paid on com- mutation of Common lots. No. 32. COMMUTATION OF LEASES OF COMMON LOTS The prices to be paid for commutation of the leases of the half acre lots in the South Common, held under chapter 13 of the Acts of 1898, and for any portion of any such lot shall be the following: — (1.) For any lot or portion of a lot fronting on Spring Garden Road, the price shall be a sum equal to twenty-five years’ rental under the original lease from the City. (2.) For any lot or portion of a lot fronting on Carleton Street, the price shall be a sum equal to twenty-two years’ of such original rental. (3.) For any lot or portion of a lot fronting on College Street, the price shall be a sum equal to twenty years’ of such original rental. (4.) Upon any commutation the amount of rent in arrear due to the City shall be added to the price. (5.) If commutation is desired for a portion of a lot only the price to be paid, including, any amount for arrears of rent, shall be determined by the proportion borne by the area of such portion to the area of the lot of which it forms part. STJ jEMEITT BY-LAWS OF THE City Health Board PREVENTION OF EPIDEMIC DISEASE 375 BY-LAWS OF CITY HEALTH BOARD. In these by-laws of the City Health Board unless the con- interpretation text otherwise requires — generally. The expression “the Board 77 means the City Health Board; The expression “the medical officer 7 ’ means the Medical Officer of the City ; The expression “inspector 77 means any sanitary inspector appointed by the board. No. 1. PREVENTION OF EPIDEMIC DISEASE. REPORT, ISOLATION AND OTHER PRECAUTIONS. 1. The medical officer shall provide every physician prac- Blank forms tising in the City with blank forms, on which to report to the t0 be provided medical officer any case of diphtheria, small pox, scarlet fever, cholera, measles, whooping cough, typhoid fever, or any other disease dangerous to the public health. 2. Whenever any physician knows that any person whom Physicians to he is called upon to visit is infected with cholera, small pox, S^case^" diphtheria (including diphtheretic croup), scarlet iever, typhoid fever, or any disease dangerous to public 'health, such physician shall, within eighteen hours, give notice thereof in writing to the medical officer. 3. Whenever any person within his or her family or Householders household has small pox, diphtheria, scarlet fever, cholera, ° report typhoid fever, or any disease dangerous to the public health, he shall, within eighteen hours, give notice thereof to the medical officer, and such notice shall be given in writing, either at the office of such officer, or left at his dwelling. In any prosecu- tion or proceeding for a contravention of this section it shall not lie requisite for the prosecution to prove that the person accused knew that he was infected with any disease dangerous to the public health, but if the accused establishes to the satis-* faction of the magistrate that he did not know and had no reasonable grounds for suspecting that he was so infected the magistrate may acquit him. 4. The medical officer, within six hours after lie has Placard to be received a notice of the existence of cholera, small pox, diph- affixed ‘ 376 PREVENTION OF EPIDEMIC DISEASE Permit to enter infected houses. Clothing, &c. , not to be removed. Persons in- fected not to be removed. Attendants &c., to be isol- ated, &c. Suspected cases, action in case of theria, scarlet fever, or any other disease dangerous to public health, in any household, shall affix, or cause to be affixed by an inspector, near the entrance of such house, a card, at least nine inches wide and twelve inches long, stating that such disease exists in the hoi^se, and stating the penalties for removal of such card without permission. Every person who without due authority removes, destroys, defaces, or covers any placard so affixed shall be liable to a penalty under this by-law. 5 . When, in the opinion of the board, it is necessary to appoint sanitary police, for the purpose of guarding disease, the medical officer shall furnish permits in blank, with his signature, and the physician attending the patient shall write in such blank forms the name and address of the patient attended by him, and on presenting the same to the sanitary officer in charge, he shall allow such physician to enter the house of the patient, and the officer, after his services cease at such house, shall return the permit to the clerk of the board. 6 . Ed person, in whose dwelling there occurs any of the above mentioned diseases, shall permit any clothing or other property to be removed from his house' without the consent of the board or the medical officer. 7 . Ed person sick with any of the diseases above specified shall be removed at any time except by permission of the medical officer or a member of the board, nor shall any occupant of any house in which there exists any of the above diseases, except typhoid fever, change his or her residence to any other place without the consent of the medical officer or the board, who shall in either case prescribe conditions of such removal. S. Except an attending physician, or clergyman, or an official of the board, no person shall leave or enter any house quarantined for scarlet fever, diphtheria, cholera, smallpox, or any disease dangerous to public health, until such sanitary pre- cautions as the board or the medical officer prescribes have been complied with. Every person who contravenes or fails to comply with this by-law shall for each such offence be liable to a penalty not exceeding ten dollars, and in default of payment to imprison- ment for a period not exceeding ten days. 9 . Where there is reason to suspect that any person who has smallpox, diphtheria, scarlet fever, cholera, typhoid fever, or any infectious or contagious disease, is in any house or other building, or in or upon any railway, car, stage or other conveyance, the medical officer, or any sanitary inspector or PREVENTION OF EPIDEMIC DISEASE 377 any member of the board, may enter such house, building or conveyance and cause any such person to be removed there- from, and may detain the conveyance until it is properly dis- infected, or such officer or member may, if he thinks fit, remain on or in such conveyance (with any assistance he requires) for the purpose of disinfecting the same. 10. If any person coming from abroad into, or residing infected per- il! the City, is infected, or lately before has been infected with abroad°isoia- or exposed to any of the said diseases, the medical officer, or tlon of - the board may make effective provision for isolating such person by removing him to a separate house, or in such other way as the medical officer or the board deems fit, if, the same can be done without danger to the health of such person, and may provide nurses and other assistance and necessaries for him, at his own cost and charge, or the cost of his parents, liable for his support, if able to pay the same, otherwise at the cost and charge of the City. 11. Any person recovering from any of the said diseases, convalescents, and any nurse who has been in attendance upon any person case of. suffering from any such disease, shall not leave the premises until he has received from the medical officer a certificate that in his opinion such person or nurse has taken such precau- tions as to clothing, and any other thing which it is proposed to bring from the premises, as are necessary to insure the immunity from infection of other persons with whom such person or nurse may come in contact, nor shall any such person or nurse expose him or herself in any public place, shop, street, hotel, inn, or public conveyance, without first having adopted such precautions. 12 . Xo person suffering from, or having very recently NoUo use^ recovered from, smallpox, diphtheria, scarlet fever, cholera, ances. measles, or any disease dangerous to public health, shall expose himself, nor shall any person expose any other under his charge who is suffering, or has recently recovered from, any such disease, in any public conveyance. 13 . Should any such person so affected make use of such ^4h?cfes° n conveyance, the owner or person in charge must not, after the entry of any person so infected into his conveyance, allow any other person to enter without having sufficiently disinfected it under the direction of the board, or the supervision of the medical officer, or an inspector. 14 . No person shall give, lend, transmit, sell or expose, Infected cloth _ any bedding, clothing or other articles likely to convey anv of ing< 378 PREVENTION OF EPIDEMIC DISEASE the above diseases, without having first taken such precautions as the board or the medical officer directs. Destruction of bedding, etc. 15 . The board may, as it thinks proper, order the destruc- tion of any bedding, clothing or other articles which have been exposed to infection, and, if it deems proper, give reasonable compensation for the same. Infected houses.disin- fection of 16 . No person shall let or hire any house or room in a house in which any of the said diseases has recently existed, without having first caused the house and the premises used in connection therewith to be disinfected to the satisfaction of the medical officer, and for the purposes of this section the keeper of a boarding-house, lodging-house, or hotel, shall be deemed to let for hire part of a house to any person admitted as a guest into such hotel, boarding-house or lodging-house. Teachers to be notified by parents. 17 . Whenever a case of small-pox, cholera, diphtheria, scarlet fever, scarletina, measles, or any disease dangerous to the public health exists, in any house or household from which any person is attending school, the householder shall, within twelve hours of the time such disease is known to exist, notify the head teacher of such school or schools, and also the medical officer, of the existence of such disease ; and no member of such household shall attend school until a certificate has been obtain- ed from the medical officer that infectious disease no longer exists in the house, and that the house, clothing, and other effects, have been disinfected to his satisfaction, and until such certificate has been obtained, it shall be the duty of every member of such household, and of the teacher, to use all reasonable efforts to prevent the association of members of the said household with other children. Board to notify teach- ers. 18 . Whenever the board, or any of its officers or members, knows of the existence in any house of small-pox, cholera, scar- let fever, scarletina, diphtheria, measles, or any disease dangerous to the public health, they shall at once notify the head or other master of any school at which any member of the household is in attendance; and if it is evident that such member has been exposed to any such disease, the teacher shall forthwith prevent the further attendance of such member until he or she presents a certificate from the medical officer, stating that infectious disease no longer exists in such household. Teacher to 19 . Whenever a teacher in anv school has reason to sus- notify medical . . , . officer. pect that any pupil has, or that there exists m the house of any pupil, any of the above-mentioned diseases, he shall be required to notify the medical officer, on a form supplied by the school authorities, in order that evidence may be had of the truthful- prevention of epidemic disease 379 ness of the report, and he shall further be required to prevent the attendance of such pupil until evidence of the falsity of the report has been established. 20. If small-pox, or any disease dangerous to the Temporary public health, breaks out in the City, the board shall immed- ° spi a s iately provide such temporary hospital tent, or other place or places for reception of the sick and infected as it deems best, for the accommodation of the sick and infected, and the safety of the inhabitants, at the cost of the City, and for that purpose may : — (a) themselves erect such hospital tents, hospitals, or places of reception; or ( b ) construct or hire a temporary building for use as such hospital, or part of a hospital, or place of recep- tion ; or (c) enter into any agreement with any person having the management of any hospital for the reception of the sick inhabitants, upon the payment of such annual sum as is agreed on. 21. Any such temporary hospital or place of reception Regulation of shall be subject to any regulations made in that behalf by the same ' board. 22. When it is brought to the notice of the board that Removal of . P . . infected per- there is any sick person having any contagious or infectious sons to same. disease, in any house, building or place, or in any vessel, in which he can not be properly accommodated and attended, the board or the medical officer may remove such person to the hospital provided for such disease. 23. When the dangerous conditions of any residence can- Removal of not be promptly remedied, the board or medical officer may affected. not remove any inmate unattacked by disease to some lodging. 24. Every person dying of small-pox, cholera, diphtheria, Burials, scarlet fever, or other infectious or contagious disease shall be buried within twenty-four hours after death, and in every such case the funeral shall bo strictly private. COMPULSORY VACCINATION. 25. In the following sections of this by-law relating to interpretation compulsory vaccination, the expression “parent or custodian,” gpectSJ com- when used in relation to anv child means — puisory vac- • cination. (a) the father of such child, if the father is living and has the support or custody of the child, or. 380 PREVENTION OF EPIDEMIC DISEASE Vaccination required. Certificates. Certificates of unfitness, Renewal of same. (b) the mother of such child, if the father is not living or does not have the support or custody of the child, and the mother has the support or custody of the child, or, (c) if neither the father or mother is living, or has the support or custody of the child, then the person who has the support or custody of the child. 26. (1.) The parent or custodian of every child shall, (a) ' if such child is born within the City within one year after such birth and aerain on the twelfth year of its age, or, ( b ) if such child is brought into the City while it is under the age of seven years, within six months after the child is so brought in, cause such child to be duly vaccinated by some legally qualified medical practitioner who shall duly certify to its successful vaccination, and such certificate shall be filed with the medical officer. (2.) Upon any such certificate being so filed the medical officer shall, without any charge therefor, give to the person filing the same a certificate, and if required at any time there- after, a duplicate of such certificate, that such child has been succsssfully vaccinated, and in any action or proceeding for not vaccinating such child, the production of any such certifi- cate, without proof of the handwriting of the medical officer, shall be sufficient evidence of the child having been success- fully vaccinated. 27. (1.) If any legally qualified medical practitioner is of opinion that a child brought to him for vaccination is not in a fit and proper state to be successfully vaccinated, he shall deliver to the parent or custodian of the child a certificate under his hand that the child is in an unfit state for successful vaccination. (2.) Such certificate shall remain in force for six months from its delivery; and the parent or custodian of the child shall within each succeeding period of six months obtain from a legally qualified medical practitioner a renewal of such cer- tificate, and if the child is not vaccinated during such second period of six months then he shall obtain a renewal for each succeeding period of six months until the child has been suc- cessfully vaccinated. (3.) The production of any such certificate shall be a sufficient defence in any action or proceeding brought against the parent or custodian of the child for not having had the child vaccinated. PREVENTION OF EPIDEMIC DISEASE 381 28. If any duly qualified medical practitioner is of insusceptible opinion that any child vaccinated by him is insusceptible of the vaccine disease he shall give to the parent or custodian of the child a certificate to that effect, the production of which shall be a defence in any action or proceeding against such parent or custodian for not having had the child vaccinated. 29. (1.) Ho parent or custodian shall be liable to any conscientious penalty for failing to cause any child to be duly vaccinated, objectlons - if within the period specified for the vaccination of such child he makes a statutory declaration that he conscientiously believes that vaccination would be prejudicial to the health of the child. (2.) Such declaration shall be made before the stipendiary magistrate of the City of Halifax, or the chairman of the board, and shall be in the form in the schedule to this section. Before administering the declaration the magistrate or chairman shall read over to the declarant the preamble thereto in the form in the schedule. (3.) Any person wishing to make such a declaration shall produce to the magistrate or chairman of the board a request in writing to that effect from the secretary of the board, and such request may be in the form of the schedule. SCHEDULE. Preamble, Declaration and Request. PREAMBLE. No honest person will thoughtlessly and without due consideration make a solemn declaration that may seriously affect his family or the community in which he lives. In nearly every action of our lives we are and must be largely guided by a general concensus of opinion, especially when that happens to be the opinion of experts. Now in the medical profession there are very few who do not believe in the protective value of vaccination. Whatever may be said of a few members of that profession we know that a large proportion of them are men of unquestioned honesty and intelligence, men who would not know- ingly mislead the public. As the general good is and should be the supreme end of all law, those in authority cannot do otherwise than enact vaccination laws, sanctioned by the almost unanimous testimony of experts. The correctness of their conclusions seem to be borne out by the most reliable statistics. In Germany and Japan where vaccination and re- vaccination are most carefully and thoroughly carried out under government inspection, small pox is almost unknown. In England where vaccination is fairly well carried out the death rate is 20 per million yearly, as against 3000 before its introduction In Montreal the opposition to vaccination, chiefly among the French culminated in riots, and in 1885 small -pox carried away 3126 of them in nine months. 382 PREVENTION OF EPIDEMIC DISEASE General vacci- nation. In Russia and among the negroes of the Southern States where vaccina- tion is neglected or opposed, small-pox is prevalent and fatal. In Germany, where vaccination is compulsory, the statistics of the Imperial Health Office show that out of 32,166,169 children vaccinated, there were but two deaths in a million; proving that in the careful vaccination of children the risks are very small and in the opinion of that highly cultivated and scientific nation, not to be weighed against the protection it gives against the ordinary high death rate from small-pox. In deciding whether or not you will have your child vaccinated you have to consider that those who ought to know best are almost unanimously in favor of vaccination. Yet in the case of your child you may know of something in his or her history, or constitution, or condition, not so clear to the medicai man which may possibly justify you in making the declaration which is per- mitted by the regulations. DECLARATION. I, A. B., of Halifax, in the County of Halifax, being the parent or custodian of a child named who was born on the day of (or who is now under the age of seven years and has removed into the City on or about the day of ) do hereby solemnly and sincerely declare that I conscientiously believe that vaccina- tion would be prejudicial to the health of the child, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Canada Evidence Act. Solemnly declared before me at Halifax, in the County of Halifax, the day of Stipendiary Magistrate of the City of Halifax. REQUEST. To the Stipendiary Magistrate in and for the City of Halifax: Sir, — Mr having stated that he is opposed to having his children vaccinated and having expressed the desire to make a declaration to that effect before you, and paid the customary fee, you are hereby requested to administer the oath, after reading to him the preamble adopted by the City Health Board. (Signed) Secretary City Health Board. Halifax, N. S. 30 . (1.) If the board is of opinion that there is danger of an epidemic of small pox in the City the board may order a general vaccination of all persons resident within the City who have not been vaccinated. (2.) Any such order shall be published by poster through- out the City, and by publication in at least one newspaper pub- lished in the City, and shall come into force at once. (3.) Upon such order being made the parent or custodian of every child above the age of seven years, and under the support or control of such parent or custodian, shall at once cause such child to be vaccinated or re-vaccinated, and every person not so supported or controlled shall cause himself or herself to be vaccinated or re-vaccinated, and such vaccination or re-vaccination may be proved bv certificate in the manner hereinbefore provided. PREVENTION OF EPIDEMIC DISEASE 383 31 . hTo teacher of any private school or teacher of any certificates department in any public school, shall permit any pupil to children, attend at such school or department until such pupil has pro- duced a cert ideate from a duly qualified medical practioner of successful vaccination, or insusceptibility on re-vaccination, -within eleven years from the last successful vaccination. 32 . The medical officer shall attend at his office in the Medical officer City Hall on every Tuesday from noon to one o’clock in the vaccination!" afternoon, and on every Thursday from six o’clock to seven o’clock in the afternoon, and at such other times and places as are deemed requisite by the board, for the purpose of vaccinat- ing free of charge any person the member of a family the collective earnings of which do not exceed six dollars per week. TUBERCULOSIS. 33 . Tuberculosis is herebv declared to be an infectious Tuberculosis- and communicable disease, dangerous to the public health. infectious. 34 . Every medical practitioner in the City shall report in physicians to writing to the medical officer the name, age, sex, address and report cases of occupation of every person affected with tuberculosis who has been attended by, or come under the observation of such medical practitioner, within one week from the date of the beginning of such attendance or observation. 35 . The manager, „ superintendent or physician of every Managers & c . institution attended by pupils or patients, and of every asylum , t0 report - home or dispensary, shall report or cause to be reported in writing to the medical officer, the name, age, sex, occupation and last address of — (a) every person affected with tuberculosis under his care, or who has come under his observation, within one week from the date of the beginning of such care or observation, and (b) of every person so affected about to be discharged from such institution previous to or on the day of such discharge. 36 . Every person affected with tuberculosis, and the per- infected son in charge of any hospital, asylum, home, dispensary or observe t0 other such institution shall observe the by-laws and regulations by-laws - of the board for preventing the spread, of pulmonary tuber- culosis. EXPECTORATION" 37 . ( 1 .) hTo person shall expectorate or spit on any side- Expectora- walk of anv public street or square, or upon any walk or road pf^s prohib in any public park or public gardens in the City, or upon the ited - 384 SANITARY CONDITION OF BUILDINGS Spittoons to be furnished. Penalty. House built on refuse. Drainage into sewer. Unsanitary condition, not- ice to remedy. floor, platform or steps of any public building, ball, hotel, printing office, school house, church, factory, theatre, market, steam railroad car, electric car, steamboat or barber shop in the City. (2.) The owner or person having the management or con- trol of any such building, printing office, factory, market, rail- road car or electric car, are hereby required to keep permanent- ly posted in each of said places a sufficient number of notices forbidding spitting upon the floor^ thereof. (3.) The owner or person having the management or con- trol of any factory, barber shop or printing office in the City, where ten or more persons are accustomed to be employed, shall furnish and keep furnished proper receptacles for expectora- tion. Such receptacles are to be in proportion of one for every two persons so employed, and they are to be cleansed and dis- infected at least once in every twenty-four hours. 38. Any person or persons or corporation who violates any of the provisions of this By-law, respecting the prevention of epidemic diseases shall, for every such offence, be liable to a penalty not exceeding one hundred dollars, and in default of payment to imprisonment for a period not exceeding three months. No. 2. THE SANITARY CONDITION OF BUILDINGS. SOIL AND GENERAL SANITARY CONDITIONS. 1. No house shall be built upon any site, the soil of which has been made up of any refuse, unless such soil has been removed from such site, and the site disinfected, or unless the soil has been covered with a layer of charcoal, covered by a layer of concrete at least six inches thick, and of such addi- tional thickness as is' requisite under the circumstances to pre- vent the escape of gases into such proposed house. 2. Every lot of land, vacant lot, or other property on which stagnant water accumulates, or abutting on any street or por- tion of a street on which there is a public sewer, shall be drain- ed into such sewer. 3. (1A Whenever it appears to the board, or any sani- tary inspector, that any building or premises, whether occupied or vacant, is for any cause in such an unsanitary condition as to endanger the public health, the hoard shall cause a notice to SANITARY CONDITION OF BUILDINGS 385 be given to the owner or occupant thereof, or if there is no occupant, and the owner does not reside within the City, may give such notice by advertisement in one or more public news- papers, requiring such owner or occupant forthwith to put such building or premises in proper sanitary condition, and may, if it is deemed lit, specify the manner in which the same shall be done. (2.) If the person so notified fails within a reasonable time to comply with such notice, the board may cause the building or premises to be put in proper sanitary condition, and the expense of so doing may be recovered by the board from the owner or occupant by action in the name of the board, and in addition thereto he shall be- liable to> a penalty as hereinafter provided. 4 . (1.) Whenever it appears to the board, that any building, or part thereof, occupied as a dwelling house, has become, by reason of the number of occupants, want of cleanli- ness, the existence therein of an infectious or contagious dis- ease, or other cause, unfit for such purpose, or that it has become a nuisance, or in any way dangerous to the health of the occupants, or to the public, the board may issue a notice in writing to the owner of such building, or any of the occupants thereof, requiring the premises to be put in proper sanitary condition, or. if the board sees fit, requiring the occupants to quit the premises within such time as the board deems reason- able. (2.) If such notice is not complied with within a reason- able time, the board may (a) cause the building or premises to be put in a proper sanitary condition and may recover the cost of so doing from the owner or occupant by action in the name of the board; or ( b ) may remove the occupants forcibly and close up the premises, and in such case the building or premises shall not again be occupied as a dwelling place until put into proper sanitary condition. DRAINS. 5* (1.) It very surface drain from any dwelling shall be well and sufficiently trapped to prevent the escape therefrom of foul air or gas. (2.) No surface drain shall be deemed sufficient for the drainage of the cellars of more than one dwellingdiouse. 25 Buildings un- fit for occupa- tion. Surface drains to be trapped. SANITARY CONDITION OF BUILDINGS Board may ex ecute work. Drains, re- quirements of. 0 386 6 . If the provisions of the next preceding section are not complied with in respect to any property, the hoard may cause a drain to be constructed therefrom in conformity with such by-law, and may recover the expense of so doing from the owner by action in the name of the board, and for the purposes of such construction, the servants and agents of the board may enter on any property and do thereon all things needful to be done. 7 . Every drain for the reception of sewage or waste water under or in any building, or any connection thereof with any public or other sewer or drain, shall in its plan and construc- tion conform to the following requirements:— (1.) An effectual hand-hole cleaning trap, of approved description and make, shall be placed in line of drain or soil pipe just before it leaves the premises. It shall be fitted with a cover provided with a clamp and thumb-screw to hold it in place, or it shall be so constructed that a brass screw cleanout can be caulked into it. (2.) Between such trap and foot of the soil pipe (to be situated as remote as possible from any opening into the house") there shall be connected with the main house drain, for the admission of fresh air, an inlet pipe, four inches in diameter, the mouth of which shall be left open and have a cap, giving an area of one-fourth more than the diameter of the inlet pipe. The inlet pipe junction shall be just inside the house trap, and the air inlet pipe must be carried out through the wall a little above the trap so that it will not interfere with the trap cover. It shall be finished with a return bend at least one foot above the ground and seven feet away from any win- dow, or it shall be provided with an automatic air inlet ventilator that will not allow a. back or down draft. Whenever in the opinion of the plumbing inspector such house trap would be liable to freeze, it may be dispensed with and the fresh air inlet will not be required. (3.) All soil pipes within the walls of any building shall be of cast iron, and continue to at least three feet above any opening in the roof which is within fifteen feet of same, and three feet above anv opening into any adjoining building or extension, when such building or extension is within fifteen feet of such pipe, and be left open so that the whole of the inside drainage is thoroughly and constantly ventilated. All soil or vent pipes, when they pass through the roof, must be properly flashed with 51b. sheet lead, and made water-tight. (4A Every soil pipe shall have two cleaning out screws, one to be about twelve inches above and in front of the bend SANITARY CONDITION OF BUILDINGS 387 of the basement floor, and the other between the said bend and the outer wall of the house. (5.) All drains and plumbing fixtures of any house or other building shall be provided with sufficient traps and vents to prevent gas from the sewer, drain or waste pipes from escap- ing into any apartment, and each such fixture shall have its own trap, with sufficient vent ; such trap shall be placed direct- ly under and as close as possible to the fixture, except that a set of washtubs, not exceeding three, may be drained through one trap. The size of the traps shall be : — Water closets, not provided with traps 4 in. Kitchen sinks, urinals, wash trays 2 in. Rain water leaders 3 in. Sinks in factory or workshop 2 in. Surface traps shall be of an approved design that will pre- vent the back flow of sewage. Rain water leaders shall be trapped and connected to the soil pipe on the inner side of the house trap. A rain-water leader shall not be used as a soil, waste or vent pipe, nor shall any such pipe be used as a leader. (6.) No fixture shall drain through more than one trap, (main trap excepted) ; the vent shall be not less than one size smaller than the trap, and no vent shall be less than one and one-quarter inches in diameter ; all traps must he protected from syphonage by a special vent pipe. (7.) No trap vent pipe shall be less than three inches in diameter where it passes through the roof, or where it is exposed on the outside of any building, and all vent pipes after leaving the trap must continue to rise at least four inches above the bottom of any fixture vented, before being connected with or to any other vent, and vent pipes must pass out through the roof or be connected with the soil pipe. (8.) Every offset must be made at an angle of not less than 45° with the horizontal, and every vent line must be con- nected at the bottom below the lowest fixture with a soil or waste pipe on the drain in such a manner as to prevent the accumulation of rust scale. (9.) Every vent pipe which passes through the roof must be constructed as hereinbefore provided for a soil pipe. (10.) Vents of water-closet traps shall be two inches in diameter for a length of twenty feet, and for a greater length three inches (11.) No safe-waste, range boiler, refrigerator waste or cistern overflow shall be allowed to connect direct with any drain ; the end of such wastes shall be covered by flap valves- 388 SANITARY CONDITION OF BUILDINGS Separate soil pipe and drai Drainage con nections. Connections with private drains. (12.) Waste from bath and basin will not be allowed to connect to water closet bend, but must have a separate fitting or connection to receive the same, except where the bend is iron and situated below the ceiling : (13.) The waste pipe of bath, basin or any fixture shall not be connected with the trap of a water closet or any other fixture. Exit pipes of all fixtures, except water closets and urinals, shall be furnished with suitable attached strainers. Overflow pipes from fixtures must in each case be connected on the inlet side of the trap. (14.) The overflow pipe from the water closet cistern shall not be directly connected with the soil pipe of any fixture. (15.) No pan closet shall be fitted up in any building, and no closet or other convenience which allows the escape into the house of air or gas which has been confined in any part of it, or from the drain or soil pipe, or which allows the accumu- lation of filth in or about it, shall be fitted up or used. (16.) Sinks in all hotels, restaurants, boarding houses, laundries or other places where the engineer or inspector of plumbing or other officer approved by the board directs, shall be provided with suitable grease traps. 8. Every house or building shall have its own separate soil pipe and drain, and such soil pipe or drain shall be so placed as to be always readily inspected without destruction to walls, and the plumber shall be resoonsible for the proper con- nection of his work with the system of drainage. 9. The connection with the system of drainage shall be made by not less than three feet of cast iron pipe outside the foundation wall, and no two or more houses or buildings shall have a drain in common until such separate drain passes out- side the Avails of the house or building which it serves. Where buildings are constructed flush with the line of the street two buildings may be connected with one six-inch or larger street drain with a Y junction placed immediately in front of wall. 10 . All drains must be properly connected with the pri- vate drain, and not covered until inspected. In no case shall the drains betAveen the walls of the house and the street line be laid until the private drain from the street line to the public sewer has first been laid and conpleted. Changes in direction of soil pipes shall be made with cun^ed pipes, and connections with horizontal pipes shall be made with Y branches. SANITARY CONDITION OF BUILDINGS 389 11 . No iron pipe shall weigh less than the following per wights of iron Pipe- length oi nve ieet: — 6-inch diameter 100 lbs. 5-inch k * 85 “ 4-inch “ 45 “ 3-inch “ 30 “ 2-inch “ 20 “ In buildings of not more than four storeys, 5-inch pipe weigh- ing 12-pounds per foot, and 6-inch pipe weighing 15 pounds per foot, may be used above the cellar floor. All pipes, traps, bends or fittings shall be of good quality, and shall be free from flaws or defects, and shall be of uniform thickness. No inverted joints of any kind will be allowed below any fixture. 12 . Every connection between lead and cast iron pipe Ferrule c 0 n- shall be made with brass ferrules, properly gasketteid, leaded neetions - and caulked into the soil pipe, and every connection between lead and wrought iron pipe shall be made with brass soldering nipples, with properly wiped joints, and washer couplings will not be permitted. Ferrules for four-inch pipes shall weigh not less than 2^ lbs; for three-inch pipe not less than If lbs., and for two-inch pipe not less than 14 lbs; each ferrule shall not be less than four inches in length. All lead pipes shall have properly wiped joints. Where the trap to closet is above the floor the connection of the sflme to the soil pipe shall be made of brass and rubber, the brass flange to be not less than three-sixteenths of an inch thick, and cast. 13 . No lead waste or vent pipe following : — shall weigh less than the weights of lead pipe. 1 inch in .diameter 6 lbs. per yard. 1] inch “ 7 14 inch “ 8 “ 2 inch “ 104 ‘‘ 24 inch “ 134 “ 3 inch “ 164 “ 4 inch “ 24 “ Trap vent pipes may be standard iron, with steam fittings; sheet metal will not be allowed. All traps and fittings shall be equal in quality and thickness to the pipe to which they are attached. WATER SUPPLY PLUMBING. 14 . No person (except an officer or servant of the City in Licensed the discharge of his duties) shall attach, put in, lay, re-lay, gr£Et£ ly introduce, extend, or alter any water pipe, tap, fitting, appar- pipes - 390 SANITARY CONDITION OF BUILDINGS atus, or appliance, by or through which city water may be supplied, drawn, distributed or used, unless such person or his employer holds a license from the City as a duly authorized plumber for that purpose, as hereinafter provided. Application for service pipes 15. Application for the laying of a service pipe shall be made in writing at the engineer’s office and upon the request forms. Separate pipes required. 16. No two premises supplied with water from the water works shall be dependent upon one service pipe beyond the street line, but each separate and distinct tenement or premises shall be supplied through a separate pipe provided with proper stopcocks or other means of cutting off the water. Depth of ser- 17. Every service pipe upon the premises of any water vie© pipes ^ t j x l ± « j taker shall be laid at a depth of not less than five feet below the surrounding ground, and must not be turned up or laid at less depth where it passes through or under a cellar wall or into or through any private premises, apd where it crosses or is near any other excavation it must be properly protected against settlement. Requirements of law to be observed. 18. In every case the water taker must show that the pipe laid within his premises is laid in accordance with the requirements of the law relating to the City, and unless the same is shown to the satisfaction of the engineer, connection shall not be made with the street pipe. Weights of lead water pipes. 19. No lead water pipes within any building shall weigh less than the folowing: f-irtch internal diam . 4 lbs. per lineal yard. 4-inch u (j u f-inch 8 u a f-inch u 10 a u 1-inch 13 u u 14-inch u il u Pipes to be 20. Every water supply pipe shall be laid with due regard to f d reez« S n0t to danger from freezing, and be properly laid and graded with a fall to a stop and wastecock placed in the cellar or other con- venient point where the pipe can be entirely drained off. Pipes to be accessible — joints. 21. Every pine in any building must be so laid and placed as to be easily accessible, and shall have properly wiped joints. 22. No water pipe or fitting on any private premises shall be laid, carried along or put near any external wall, doorway Protection from frost. SANITARY CONDITION OF BUILDINGS 391 or window opening, or in anv exposed position or other position where it would be liable to freeze, without being thoroughly boxed in, encased or protected to the satisfaction of the inspector of plumbing, or his authorized officer, so as to pre- vent the action of frost. 23. If necessary to prevent freezing, the pipe must be The same, carried at a sufficient depth underground below the cellar to some convenient point in the interior of the building, from thence the pipe must be properly encased in suitable boxing of ample size, stuffed with some suitable approved non-conducting material, the pipe being carefully placed and secured in the centre of the box. 24. In case of a leaky or improper pipe or fixture on any Leaky or im- premises the engineer may cut off the supply of water by tumT fix " shutting off the stopcock or by detaching the service pipe from the main, and before the water is again turned on the pipe or fixture shall be repaired or altered as required, and the cost of detaching and re-attaching or of turning off and on the water shall be paid by the person owning or occupying the premises, and no person supplied from such service shall have any claim against the City by reason of such cutting off of the water. 25. Whenever any water taker has reason to fear that shutting off the water may freeze in any of the pipes or fittings on his ger of frost, premises, in spite of all precautions taken to prevent the same, he must be careful to see that the water is shut off from the premises at the stop and waste cock, and the pipes emptied of water, except when actually needed for use. 26. The fact of water being found running to waste from waste of any pipe, tap or other water fitting, will be held to be sufficient notice from the engineer that the water is to be at once cut off from the premises as required by law. Water takers are cautioned that as a rule any noise heard in a pipe, even though no defects are visible, is an indication of leakage and waste of water somewhere on the premises, and calls for immediate investigation and stoppage. 27. Every person shall keep his service pipes, stop-cocks Pipes, &c„ to and other fixtures on his own premises and from the line of the good^ep^r street in good order and repair, and protected from frost, at his own risk and expense. 28. Stop and waste cocks must on no account be covered stopcocks, &c., over with coals, vegetables, or anything which will prevent the covered 6 inmates of the house, or the water inspector, from getting Outdoor taps &c., prohib- ited. Water supply at stables, &c. Urinals. W. C. pipes not to connect with drinking water pipes. Water closets, valves and cisterns for. Permits for plumbing work. 392 SANITARY CONDITION OF BUILDINGS access to them at once; and whenever any licensed plumber is called into any premises, his first care shall be to see that this rule is attended to, and also to see that the -stop and waste cock is in good order and easily turned. 29. T aps, faucets, cocks or fittings in porches or sheds, or outside of buildings, are strictly prohibited. Any such supply required must either be by means of a suitable approved hydrant or by special written sanction of the engineer. 30. The water supply to stables, barns, outbuildings or any other description of building or property, must conform in all respects with the requirements of this by-law. If after every practicable precaution has been taken, the pipes or fittings cannot be wholly and effectually protected against the action of frost in the severest weather, they must be cut off and removed, or an approved hydrant with valve well below the reach of frost may be substituted in order to procure the required supply. 31. Every urinal, except one which is especially sanction- ed bv the engineer and rated by the works department, shall either be supplied through a meter, or shall have some approved valve or apparatus attached thereto, or in connection therewith, by which the same can be flushed, with not more than two gallons of water, at intervals not exceeding thirty minutes, or with not more than one gallon at each time of use. 32. Ho pipe supplying water directly to a water closet or urinal shall be connected with any pipe supplying water for drinking purposes. 33. Ho person shall have upon his premises, and con- nected with the city water supply pipes, any water closet which is not provided with a suitable and effective valve and cistern, or other substantial arrangement, approved by the inspector of plumbing, by which the water supply may be cut off automatic- ally after flushing the closet with a quantity of Avater not exceeding three gallons each time it is used. PERMITS. 34. Before proceeding to construct, reconstruct, or alter, any portion of the drainage, ventilation or water system of a tenement, warehouse, dwelling house, hotel or other building, the owner or his agent constructing the same shall file in the office of the engineer an application for a permit therefor, and such application shall be accompanied with a specification or abstract thereof on a blank form prescribed and supplied for SANITARY CONDITION OF BUILDINGS 393 ‘this purpose, stating the nature of the work to be done, and giving the size, kind and weight of all pipes, traps and fittings, together with a description of all closets and other fixtures, and a plan with the street and street numbers marked thereon, and showing the drainage system underground. 35. Any such plan must be legibly drawn in ink on heavy Plans, white paper, or on tracing linen. 36. If the engineer finds that such plan and specification Requirements r, . i , . .i'ii • , , to be complet- does not conform with the requirements laid down m respect to e a with, plumbing and drainage in this by-law, he shall not issue any permit for such plumbing and drainage, and it shall be unlaw- ful to proceed therewith. 37. A permit shall be granted or refused within two days Time of per- of the filing of application, and the permit of the engineer (if granted) shall be valid for six months from date of issue, for reconstruction, addition to, or renewal of old work, and for one year from date of issue for work in new buildings. 38. After a plan or specification has once been approved, Alteration in no alteration or deviation from the same shall be allowed, except on a written application of the owner or of the agent of the owner to the engineer. 39. No person or member of any company, or employee work without or apprentice of any such person or company, shall do or per- hfbUed. Pr ° form any work authorized by this by-law, nor shall any such person or member of any corporation direct or instruct any employee or apprentice to do or perform any such work until the owner or his agent has first obtained a permit, and filed a plan and specification as hereinbefore provided. INSPECTION". 40. (1.) The in speetor of plumbing shall be notified inspection— i i , . . • ,, , . time and mode when any work is ready tor inspection, and all work must be of. left uncovered and convenient for examination until inspected and approved of. The inspection shall be made within two working days after receipt of notice, Notices filed after 12 o’clock. noon, shall take date from day fol- lowing*, except when the soil is of such a nature that it can- not be left open for two days, when the inspection shall be made forthwith after notification has been given to the inspector of plumbing. (2.) The inspector of plumbing, or any inspector appoint- ed by the board for the purpose of the test, shall call for either water or smoke test, which test shall be made 394 SANITARY CONDITION OF BUILDINGS Right of access. Appointment of inspectors. To be under city engineer. Roard of plumbing ex- aminers. by the person whose work is being inspected, under the direcr tion of the said inspector, except in the case of the smoke test, when the inspector is to supply the machine or instrument to make such test, and the result of such inspection shall be recorded in the engineer’s office. At such a season of the year that a water test would not be safe by reason of frost the water test is not to be used. (3.) If the work is not found satisfactory after being tested, two days’ notice shall be given, and if the work is not made satisfactory within that time, the peualty clause shall be enforced forthwith. (4.) The smoke test shall in all cases be applied to finish- ed plumbing work, and after the expiration of thirty days, if the work is found satisfactory, it shall be compulsory for the plumber to take out a certificate* of the same, if it has not been issued previously^ (5.) Ho owner or occupier of any building shall use any plumbing work or fixture until such work or fixture has been finally certified as correct by the engineer, and such final certificate shall be issued on an application without any unnecessary delay after the satisfactory completion of the work. 41 . The engineer, the foreman of water works, or any inspector appointed for the purpose, may, at proper hours of the day, and upon reasonable notice given and request made upon the owners, enter upon and have free access to all parts of any building in the City in which water from the city water works is delivered or consumed. 42 . The board shall from time to time, as occasion requires, on the nomination of the engineer, appoint such inspectors of plumbing as are found necessary, but no person shall be eligible for such appointment who has not passed a satisfactory examination for proficiency in both practice and theory of plumbing and drainage before the board of plumbing examiners as hereinafter provided. 43 . Such inspector or inspectors shall be un ( der the super- vision of the engineer, and shall be attached to the office of the engineer, and shall be paid such salary as the Council deter- mines. LICENSING OF PLUMBERS. 44 . There shall be a board of plumbing examiners, to consist of the engineer and the city inspector of plumbing. The board shall be called together bv the engineer (who shall be chairman of the board) at such times as the City health board directs. LICENSING OF PLUMBERS 395 45 . No person shall carry on the business of plumbing in u. .■enec the City unless he is jduly licensed to carry on the same, and is M| registered as such in the office of the clerk of works, and the person obtaining such license shall pay for such license to the clerk of works the sum of ten dollars. 46 . The city health board shall have the power at any catenation time to cancel any plumber’s license, or any journeyman of hcense ' plumber’s certificate, for cause, and thereupon all rights, of such licensed plumber or journeyman plumber to do any plumbing work under this by-law shall cease and determine;. 47 . The licenses to licensed plumbers shall expire on the Term of lia* 30th of April in each and every year, but they may be renewed by the City health board on the recommendation of the board of plumbing examiners, and the licensed plumber shall pay one dollar for each renewal. 48 . To entitle any person to a license as a licensed Qualifications, plumber, he shall be of the full age of twenty-one years and have a place of business as a plumber, in the City, and shall agree as a condition of obtaining such license to carry on his business in compliance with the by-laws and regulations now made or which are hereafter made by the City health board, and his license, when issued, shall be kept in a conspicuous place in his place of business. 49 . r ery person, before doing any plumbing work in the J™^ 11611 City for or on account of himself or any licensed plumber, shall be a practical and experienced plumber and furnish the board of plumbing examiners sufficient evidence that he is capable of properly doing and performing plumbing work in the City, and if the board is satisfied of his competency to per- form such work, they shall cause his name to be registered in the office of the engineer, and give him a certificate of com- petency as a journeyman plumber, after which he shall be at liberty to do such plumbing work, but not before. 50 . Every person desiring a license as a licensed plumber, Application or a certificate as a journeyman plumber, shall file a petition n ^ in writing with the clerk of works, giving the name of the applicant, and if the applicant is applying for a licensed plumber’s license, he shall state in his petition his age and place of business in the City, and the said petition shall be accompanied with the bond hereinafter referred to. 51 . Any change in the location of the business of a^°s eof licensed plumber shall be promptly reported to the clerk of business works. 396 LICENSING OF PLUMBERS. Journeyman 52. Any journeyman plumber desiring t-o become a ens??p°umber licensed plumber, shall first comply with this by-law as to licensed plumbers, and no journeyman plumber shall do busi- ness as a licensed plumber until he has obtained a license, not- withstanding anything in this by-law. Licensees re- 53. Every licensed plumber shall be held responsible for the acts of his employee for work done in connection with any plumbing business. Reports 54. Every licensed plumber shall, on the first day of required * * ' ** every month, report to the engineer, upon printed forms to be supplied at the engineer’s office, the number, nature and extent of all repair work done to sanitary plumbing in any public building in the City. Certificated journeymen only to be employed. 55. Every licensed plumber shall only employ certificat- ed journeymen plumbers to do any plumbing work, but such work may be done and performed by any practical plumber under the guidance and direction of a certificated journeyman plumber then present directing the work. 56. E very plumber, before obtaining a license, shall file a bond with the clerk of works in the penal sum of two hundred dollars conditioned, for the faithful performance of his duty as a licensed plumber, and for his not permitting or allowing any plumbing work that he is called upon to do to be performed by any person in his employ, except by a person authorized to do * plumbing work under this by-law, and for his not violat- ing any of the terms and conditions of this by-law, or any other by-law or ordinance, or regulation, in force in the City respecting plumbing, drainage, sanitary matters and the City water works. Business with- out license or certificate prohibited. 57. Xo person shall carry on business in the City as a licensed plumber unless he is the holder of a license as herein- before provided, nor shall any journeyman plumber do or per- form any plumbing work until he has obtained his certificate under this by-law. Faulty work to be made good. 58. All work contemplated by this by-law shall be done by a certificated journeyman plumber in the employ of such licenced plumber, or by a practical plumber under the guidance and direction of a certificated journeyman as hereinbefore pro- vided, and shall be subject to the inspection, supervision and approval of the engineer or an inspector appointed bv the Citv health board for that purpose, and all faulty or defective work which is at any time discovered shall be made satisfactory to the engineer or inspector, as the case may be, and when found satisfactory, the certificate shall issue to the plumber. PRIVIES, VAULTS, ETC., AND THE REMOVAL OF NIGHT SOIL *397 MISCELLANEOUS 59 . No person shall be allowed, without having hrst^ningof obtained a permit from the engineer, to open or shut off the^ks^ street stopcock connected with the service pipe supplying any p™it P rohib- premises or building, unless in case o»f urgent necessity to pre- vent loss or damage from flooding, and shall in every such case leave the stopcock as he found the same, and any person who commits any damage or injury to any stopcock in the service pipes of the department shall be liable for the amount of any such damage, in addition to any penalty imposed for the viola- tion of this by-law. 60. When any old fixture or plumbing requires renewal, oid fixtures, the work shall be done in accordance with this by-law, as far as the same applies, but it shall not be necessary to take out any old work which, in the opinion of the plumbing inspector, is in good sanitary condition. In every case where, in the opinion of the engineer and plumbing inspector, the enforcement of any rule or rules respecting plumbing is imprac- ticable or inadvisable, they shall have power to modify or suspend any such rule or rules to meet the exigencies of the . particular case. pen alt v. 61. Every person who contravenes or fails to comply with Penalty, any of the provisions of this by-law shall, for every such offence. be liable to a penalty not exceeding one hundred dollars, and in default of payment, to imprisonment for a period not exceed- ing three months. No. 3. PRIVIES, VAULTS AND CESSPOOLS AND THE REMOVAL OF NIGHT SOIL. 1. No building fronting on any street along which a Privies pro- public sewer has been constructed or any part of which is sewers laid. 1 situated within ten yards of such sewer, shall have connected therewith or appurtenant thereto any cesspool or privy, and the owner of any such building who permits any cesspool or privy to remain for ten days after notice from the board to remove the same shall be deemed to have committed a contra- vention of this by-law. 2. (1.) Every building any part of which is used as a water closets shop for the sale of goods shal have a water closet, for the use of the persons employed in or about such shop, to which they shall have free access at all times when go employed. 398 PRIVIES, VAULTS, ETC., AND THE REMOVAL OF NIGHT SOIL Privies not to communicate with sewers. Requirem ■ n t s for privies Filters for. Inspection. Penalties. Cleaning of privies and vaults. Not to be done in summer. (2) If such building does not front on a street in which a public sewer is built, a privy or other sanitary convenience, in the building or on the premises connected therewith, approved by the board, may be substituted, for such water closet, but any such privy or other convenience shall be removed and a water closet substituted when a sewer is built in the street on which such building fronts. 3 . Ho privy or cesspool shall communicate with any public sewer. 4 . Every privy or vault shall be built so that the inside shall be at least two feet from the line of the adjoining lot, and shall be at least two feet distant from any street or public or private passage way. Every privy or vault shall be tight, and the contents shall not be permitted to come within two feet of the surface of the ground. 5 . Every cesspool shall be so constructed that the dis- charge into the same shall flow into a two-story filter, having an upper bed of four inches of sand through which the sewage shall drop on to a lower bed of gravel three feet deep, from which the discharge shall find its way through the soil. 6 . Ho cesspool shall be constructed or operated until the same has been inspected and approved by the engineer, and every cesspool shall be subject at all times to the inspection of the plumbing inspector. 7 . Every person who (a) constructs or operates a cesspool without having the same first inspected and approved by the engineer ; or (b) constructs or operates a cesspool not constructed in accordance with this by-law; or (c) fail's to permit the inspection of any cesspool in connection with any premises owned or occupied by him, by the plumbing inspector, shall be deemed to have committed a contravention of this by-liaw. 8. Every privy or vault shall be emptied and cleaned at least twice in every year, but not between the first day of May and the first day of Hovember, unless by special order of a sanitary inspector. 9. Ho vault shall be opened between the first day of May and the first day of Hovember, unless on inspection by an inspector he is satisfied that it is necessary for the health or comfort of the inhabitants so to do, and in such case, no more PRIVIES, VAULTS, ETC., AND THE REMOVAL OF NIGHT SOIL 399 of the contents shall he taken away than the inspector deems necessary for the present safety and relief; and such precau- tions shall be used relative to the prevention of any offensive effluvia as he directs, and at the expense of the owner or occupant, or other person having charge of the premises. 10 . The contents of any privy, vault or cesspool shall ^fore^ean not in any case be removed until the same have been disinfected in s- in the manner in the next succeeding section provided. 11 . Between the first day of May and the first day of And ^ sum- 9 v mer f j p November, every privy, vault or cesspool shall once in each month be disinfected by adding to the contents thereof not less than two pounds of sulphate of iron dissolved in two pail- fuls of water, or such other suitable disinfectant as the sani- tary inspector directs. 12 . No person shall engage in the business of privy clean- Permit for ing and the removal of night soil without first obtaining a privy cleanm " permit therefor from the board. 13 . No person shall engage in the business of privy clean- Appliances ing, or be permitted to remove night soil within the limits of spected.’ the City, unless he has first submitted his appliances for carry- ing on his business for the inspection and approval of an inspector, and has obtained a certificate of compliance with the regulations contained in this by-law, and of any other regula- tions prescribed by the board with respect to the removal of night soil and the cleaning of privies, which certificate may be given by any sanitary inspector. 14 . Every person authorized to carry on the business of Privy cleaners privy cleaning under the provisions of" this by-law, shall, S£tSI? any within forty-eight hours after notice given him by anv sanitary when required inspector, remove or cause to be removed from the premises of any of the inhabitants within the City the night soil accumu- lated therein, and deposit the same in some prescribed place, under the restrictions and subject to the directions of the board, and it shall be the duty of any inspector to furnish any person, from whose premises night soil has been removed, with a certi- ficate of the quantity removed and the charge according to the rate fixed in this by-law. 15 . Books shall be kept at the sanitary inspector’s office, Books - and under his charge, in which shall be entered complaints relating to nuisances and applications for opening and cleans- ing privy vaults, which last entries shall specify the number of loads, if less than the whole contents of any privy, vault or cesspool was required to be removed, and all applications shall 400 REFUSE AND ITS REMoVAL Charge for removal. Compulsory c leaning of privies. Penalty. Deposit in public places prohibited. House to be kept free from. House offal — disposal of. receive attention in the order in which they are made as far as is practicable. 16. The charge for the removal of night soil shall not exceed two dollars and fifty cents per load of five barrels. 17. Whenever, in the opinion of any sanitary inspector, any privy, vault or cesspool is in such unsanitary condition as to be offensive and dangerous to health, the board may at once notify the owner, agent or occupier of the premises, to cleanse and disinfect the same, and if the person so notified fails to comply within forty-eight hours, from the delivery of the notice, such inspector may himself cause such privy, vault or cesspool to be cleansed and disinfected, and the cost of doing the work may be recovered from the owner, agent or occupier, by an action in the name of the board, and the person so notified, and failing to comply therewith, shall be liable to a penalty, as hereinafter provided. 18. Every person who contravenes or fails to comply with any of the foregoing provisions of this by-law respecting privies, vaults, cesspools, or the removal of night soil, shall for every such offence be liable to a penalty not exceeding twenty dollars, or in default of payment to imprisonment for a period not exceeding twenty days. No. 4. REFUSE AND ITS REMOVAL. 1. No person shall deposit upon, on, or into any street, wharf, dock, slip, pond, harbor, stream, or bank thereof, any sewage or impure water, or any manure or other refuse, or vegetable or animal matter, or any filth. 2. No owner or occupier of any house or premises shall place, permit, or continue any nuisance, filth or any offensive matter in or upon such premises or put, or place, or permit, or contain any impure or stagnant water in or upon the same. 3. All house offal, whether consisting of animal or vegetable substances, shall be placed in suitable vessels, and no ashes or other refuse matter shall be mingled therewith, and the same shall be kept in some convenient place, to be taken away by the city scavengers, which shall be done as often as the board of health directs. REFUSE AND ITS REMOVAL 401 4. The keeper of every stable shall keep in such stable a stable manure, properly covered bin or box, and shall deposit therein afl manure and sweepings from the stable . 5. No person shall remove or carry in or through the ^J oval of streets, any swill, house dirt, or house offal (animal or veg- etable), or any offensive matter or refuse substances from any dwelling-house or other place, unless such person so removing or carrying the same, and the mode in which the same is removed and carried, have beeii authorized by the board, and upon such terms and conditions as the board deems best; and the same shall only be removed between the hour of ten o’clock at night, and two hours after sunrise, during the months of May, June, July, August and September, (horse stable manure excepted) ; ashes, and cinders made from any steam engine or steam boiler, forge or furnace, used for mechanical purpose, or from any dwelling, may be removed at the expense of the persons occupying such building, or the owner thereof, at any time, but in such manner as the board directs. 6. All fetid and decaving animal or vegetable matter cellars ito be ^ vj o elesnod by must be removed from any cellar, building, outbuilding oristMay. yard, on or before the first day of May in each year. Every householder and every hotel or restaurant-keeper, or other person, shall dispose of all gaibage, for the disposal of which he is responsible, either by burning the same or by. placing it in a proper covered receptacle for swill and house offal, the contents of which shall, between the first day of May and the first day of November, be regularly removed as the board directs. 7. Ashes shall not be mixed wdth other substances, but Ashes, shall be kept in easily accessible places, and in such a manner as not to communicate fire to any building or combustible material. 8. No person shall, without permission from the board, Public nuis- throw into or leave in or upon a street, wharf, public enclosure, ited. vacant lot, dock, pond or other body of water, any dead animal, earth, dirt, gravel, sand, sweepings, sawdust, soot, ashes, cinders, havings, hair, shreds, manure, oyster clam or lobster shells, waste water, rubbish or filth of any kind, or any refuse, animal or vegetable matter whatever. 9. Tf any of the substances mentioned in the next precede Penalty — and ing section are thrown or carried from any building or prem- board al bJ isos and left in any of the places specified in such section, the 2fi 402 REFUSE AND ITS REMOVAL Removal of dirt from premises. Board may permit or restrain. Penalty. owner or occupant of sucli building or premises, and the person who actually threw, carried or left such substance, or who caused the same to be thrown, carried or left, shall severally be held liable for a violation of the said section ; and all substances so thrown or carried and left shall, within two hours after personal notice in writing to that effect, given by the board or any inspector, be removed by such owner, occupant or other person, from the place where they have been so thrown or left, or such removal shall be made under the direction of the board, or an inspector, and the expense thereof shall be borne by the owner or occupant. 10 . All dirt, sawdust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam or lobster shells, waste water, and all animal or vegetable substances, rubbish or filth of any kind, in a house, warehouse, or other building, premises, or other place, which the board deems injurious to the health of the City, shall be removed by the owner or occupant of such build- ing, premises or other place where the same is found, within twenty-four hours, or such other time as the board deems reasonable, after notice in writing to that effect, served person- ally upon the owner or occupant, or left at the owner’s or occupant’s last place of abode, if the same is known, or such removal may be made under the direction of the board and the expense thereof borne by the owner or occupant. No person removing any of the substances named in this section shall suffer the same to leak, escape or drop from any vehicle by him owned or driven, into or upon any street, wharf, or vacant lot. 11 . The board may grant permits for, or restrain the removal of nuisances or affected articles within the City, when it considers it proper for the public safety to do so. i 12 . Every person who contravenes or fails to comply with any of the foregoing provisions of this by-law in respect to refuse and its removal, shall, for every such offence, be liable to a penalty not exceeding one hundred dollars, and in default of payment to imprisonment for a period not exceeding three months. SLAUGHTER HOUSES 403 No. 5. SLAUGHTER HOUSES. 1. Every slaughter house shall be subject to regular inspection, inspection under the direction of the board. 2 . No person shall keep any slaughter house unless per- permission by mission in writing of the board for the keeping of such board ' slaughter house has first been granted. Such permission shall only be granted if the board deems the locality suitable, and after inspection by the medical officer, or such other person as the board appoints, and on his reporting that the premises are suitable for the purpose, and that the provisions of this by-law have been complied with; and every such permission shall be subject to the condition that the said premises shall be kept so as not to be a nuisance to the neighborhood, nor dangerous or injurious to the public health, and upon such condition being broken, the said permission may be revoked by the board. 3. Permission granted to any person to keep a slaughter Revocation of house may be revoked at any time by the board, upon the permisslon ‘ report of the medical officer, or such other person as the board appoints, showing that such person has been guilty of a viola- tion of this by-law, or that such slaughter house fails to comply with the provision of this by-law. 4. The medical officer or anv inspector shall be at liberty Right of # m • ** clCCGSS at all reasonable times to enter into any building used as a slaughter house, and upon the premises connected therewith, for the purpose of inspecting such slaughter house and prem- ises, and any animals or fresh meat therein or thereon. 5. Every building, at any time used as a slaughter house, Floors, shall be provided with a tight, non-absorbent flooring, and with water laid on in such a manner as to insure a thorough flush- ing of the floor every time the same is used. 6. No blood or any other refuse of any nature or kind shall ® ji- be permitted to pass or escape into the public sewers, or into into sewer, any stream or water course. 7 . Every slaughter house shall be provided with and shall Removal of use water tight covered vessels for the removal of all blood, and off°a°i d and all such blood, offal and other refuse shall be removed daily from off the premises connected with the slaughter house to such place or places as are approved by the medical officer or board and disposed of in such manner as he or they approve. 404 STABLES, BYRES, ETC. Penalty. Construction and inspec- tion. Cleanliness. Drains. Penalty. 8. Every person who contravenes or fails to comply with any of the provisions of this by-law respecting slaugther houses shall, for every such offence, be liable to a penalty not exceeding one hundred dollars, and in default of payment to imprisonment for a period not exceeding three months. No. 6. t STABLES, BYRES, ETC. 1. All sheds, stables, pens, byres,, yards and other enclosures where cows and other cattle are kept, shall be pro- perly constructed, drained and kept clean to the satisfaction of any inspector, and such sheds, stables, pens, byres, yards and other enclosures, shall be open and subject to inspection by any inspector or any other sanitary officer at any and all reasonable times. 2. The keeper of any livery, or other stable, shall keep his stable and stable yard clean, and shall not permit, between the first day of May and the last day of November, in each year, more than two cart loads of manure to accumulate in or near the same at any one time, except by the permission of the board, and shall every day sprinkle with lime the flodrs of his stable. 3. There shall be such proper drains connected with every shed, stable, pen, byre, or other enclosure for horses or cattle, as will carry off all liquid filth issuing therefrom, so that it shall not in any wav constitute a nuisance or be dangerous or injurious to the public health; but if no drains are constructed on the streets opposite the premises on which such stable, shed, pen, byre, yard, or other enclosure, is situated, the owner or occupant thereof shall provide a cistern or reservoir so constructed as to receive all liquid filth issuing therefrom, and such filth shall be removed and disposed of in accordance with these by-laws, and the owner or occupant of every such shed, stable, pen, byre, yard, or other enclosure, shall be required to disinfect the said premises if deemed necessary by any sanitary inspector. 4. Every person who contravenes or fails to comply with any of the provisions of this by-law respecting stables, byres and other enclosures shall, for every offence, be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month. THE SALE OF MILK 405 No. 7 . THE SALE OF MILK. 1. In this by-law the expression “sell” shall he deemed to include and comprise the expressions “sell or exchange” or “offer and expose for sale” or “have in possession for the purpose of sale;” and the expression “selling” shall be deemed to include and comprise “selling or exchanging^ or “offering and exposing for sale” or “having in possession for the purpose of sale;” and in any prosecution for a violation of any pro- vision of this by-law the having by any person in posession of a greater quantity of milk than two gallons shall be presump- tive evidence that the same was so had and kept for the purpose of sale. 2. No person shall carry on the business of a dealer in milk without having first registered his name and address with the secretary of the board, and such registration shall be renewed on the first day of May in each year, and may at any time be cancelled by the board for any violation of this by-law. Every person on registering shall be supplied by the secretary with a registration number. 3 . No person shall sell any unclean, impure, unhealthy or adulterated milk. For the purpose of this by-law the phrase “adulterated milk” means any milk — (a) containing more than eighty-eight per centum of water or other fluid, or less than twelve per centum of milk solid, or less than three per centum of fats ; or ( b ) containing more than one hundred thousand bacteria per cubic centimetre; or (c) drawn from a cow within fifteen days before or five days after calving, or from a cow kept in an unhealthy or crowded stable; or ( d ) into which there has been added or introduced any foreign substance whatever. 4 . No person shall sell any milk from which the cream or any part of the cream has been removed unless the words “Skimmed Milk ” are distinctly marked in a conspicuous place on the outside of the vessel in which such milk is sold or kept for sale. 5 . No person shall sell any milk or cream in any glass vessel unless such vessel has been thoroughly washed clean and sterilized before being filled. Interpreta- tion of terms. Registration. Unclean or impure milk — Sale of pro- hibited. “Adulterated milk” defined Skimmed milk. Vessels to be kept clean. 406 JU RIALS Registration 6. No person shall sell milk or cream from any vehicle displayed! 0 be unless such vehicle has upon it in a conspicuous place and in distinct figures the registration number of the owner thereof. If the milk or cream is sold in any shop or other building, such number shall he distinctly displayed in a conspicuous place in every part of the building where milk is sold, and if the milk or cream is sold either from a vehicle or in any building, such number shall be distinctly displayed in a conspicuous position on each can or other vessel from which it is sold. *7. Ho person shall keep milk for sale in any sleeping room, or in any room which is not thoroughly clean, or in which the plumbing is not in conformity with the by-laws of the board, or in any iron vessel, unless the iron thereof is well tinned and the inner surface smooth and free from rust. Rooms — Iron vessels. inspection. 8. Any milk kept for sale may at any time be inspected by any inspector appointed by the board, and any person selling milk, either for himself or on behalf of any other person, shall whenever required furnish to such inspector samples of any milk sold by him. Names of wholesale dealers to be given. 9. Every person selling milk shall from time to time furnish the secretary of the board with the name and address of every person from whom he obtains milk by wholesale, and the failure so to do within forty-eight hours after beginning to obtain milk from a person other than the one previously so registered shall be deemed a contravention of this by-law. Penalty. io. Every! person who contravenes or* fails to comply with any provision of this by-law shall for each such offence be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month, and in addition, and whether any such penalty has been imposed or not, the board may cancel his registration. No. 8. BUETALS. Permit f°r 1. No interment of the dead body of any human being, or required. other disposition thereof, shall be made within the limits of the City, without a permit therefor, to be obtained at the office of the city clerk, nor otherwise than in accordance with such permit; and no undertaker, sexton, or other person, shall assist in, or assent to, or allow any such interment or INSPECTION AND SALE OF FOOD 407 disposition, or aid or assist about preparing any grave or place of deposit for such body, for which such permit has not been given authorizing the same. No dead body shall be removed beyond the City’s limits for burial or other disposal, without such permit having been first obtained, and which shall accompany the body to its destination. 2 . No person shall bury a dead boidy, or cause one to be bS?i!d th?e e e buried, in a grave which is less than three feet from the sur- feet, face of the ground surrounding the grave to the top of the coffin, and if at any time there is brought to the notice of the board any violation of this section, the board shall investigate such violation, and if any body is found at a less depth than the one prescribed, the board shall order the removal and interment of such body, at a time when it- is safe to the public health to do so. 3. Every person who contravenes or fails to comply with penalty, any of the provisions of this by-law respecting burials shall, for every such offence, be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month. No. 9. INSPECTION AND SALE OF FOOD. 1* No person shall sell, or offer for sale, or have in his unsound food possession for the purpose of sale, any article of food that is ° so diseased, unsound, unwholesome, or unfit for food. 2. The medical officer, or any inspector, may at all Ins P ection - reasonable times, inspect or examine any animal, carcass, meat, poultry, game, fresh fish, fruit, vegetables, grain, bread, flour or milk, exposed for sale, or deposited in any place for the purpose of sale, or for preparation for a sale, and intended for food for man. And if any such animal, carcass, meat, poultry, game, fresh fish, fruit, vegetables, grain, bread, flour or milk, appears to such officer or inspector to be diseased or unsound, or unwholesome, or unfit for food for man, he may seize and carry away the same, or cause it to be destroyed or so disposed of as to prevent it from being exposed for sale, or used for food for man. 3. The person to whom the same belongs, or did belong, Penalty for at the time of exposure for sale, or in whose possession, or on saf e ° sins for 408 INSPECTION AND SALE OF FOOD Meat, &c., to be kept covered. Carting meat through streets. Penalty for obstructing Inspector. Fresh fish, permit for sale of. How to be kept. Entrails, &c., disposal of. whose premises the same was found, shall be liable to a penalty as hereinafter provided. 4 . Every person who brings into the City the carcass of any animal or poultry, or any other meat, or any fish, intended to be sold for food, shall, while the same is so kept by him for purpose of sale, or while the same is left in any stable, barn or other place, keep the same closely covered so as to prevent the same from being contaminated or affected by dirt, dust or other impurity. 5 . The body of any animal, or part thereof, which is to be used as human food, shall not be carted or carried through the streets of the City, unless it be so closely covered, with clean canvas, as to effectually exclude it from dust and dirt; and no meat, poultry, game or fish shall be hung or exposed for sale in any street, or outside of any shop or store, or in the open windows or doorways thereof, in the City. 6 . Any person who in any manner prevents any health officer or sanitary inspector from entering any premises and inspecting any animal, carcass, meat, poultry, game, flesh, fish, fruit, vegetables, grain, bread, flour or milk, exposed, or deposited for the purpose of sale, and intended for food for man, or who obstructs or impedes any such health officer or inspector, or his assistant, when carrying into execution the provisions of this by-law in respect to the same, shall be deemed to have committed a contravention of this by-law. T'. Ho person shall sell or keep for sale any fresh fish without first having procured a permit from the board for that purpose, and upon the terms and conditions hereinafter mentioned. 8. Every person who sells or keeps for sale any fresh fish shall keep the same on stone slabs when exposed in windo-ws and well protected from the rays of the sun, and when not so exposed, the same shall be kept either on zinc-covered tables, properly drained, or covered fish boxes, or in covered carts when taken through the streets for sale, and such carts shall be kept constantly clean and well secured from the rays of the sun. 9 . Ho person shall throw into the harbor of Halifax or any of the water surrounding the City, or upon any street or sidewalk in the City, any fish entrails or refuse, parts of fish or any decayed fish. INSPECTION AND SALE OF FOOD 409 10 . No person shall sell, keep or expose for sale for unsound fish human food any tainted, unsound or decayed fish, and any sanitary inspector is hereby empowered to seize and effectually destroy the same. 11. No fresh fish exposed for sale in any window for oae^^ d e g p day between the first day of J une and the first day of October on ed ay not: shall again be exposed for sale for human food. 12 . No fresh fish shall be delivered to the consumer utitilF^tobe such fish has been first cleaned of its entrails and other ref use fore sale, parts. This regulation shall not apply to smelts, trout or frost fish, but shall apply to all other fish. 13 . All floors under cleaning tables where any fresh fish Floors and is exposed, offered or kept for sale shall be covered with zinc or concrete, which shall extend at least four feet out from each side of the table. The sides and back of the tables shall also be covered with zinc to at least two feet above the tables. 14 . Every owner, lessee, or occupier of any market, shop cleanliness, or building where fish is exposed, offered or kept for sale shall cause such market, shop, building or place to be thoroughly cleaned and purified, and all offal, blood, garbage and other refuse and unwholesome matter to be removed at least once in every twenty-four hours between the first day of May and the first day of October in each year, and at least three times a week during the remainder of the year. 15 . No fresh fish shall be exposed or offered for sale on fesoidon 0 the sidewalks or in front of any market, shop or building except sidewalks, trout, smelts or frost fish, which shall be kept in covered receptacles and well protected from dust while on sale. 16 . The sanitary inspector shall at all reasonable times inspection, visit all premises where fresh fish is exposed for sale and report to the board as to the condition of the same. 17. The board shall have power at any time to cancel any Cancellation permit granted under this by-law. of permIt 18 . Every person who contravenes or fails to comply with Penalty, any of the provisions of this by-law respecting the inspection and sale of food shall, for every such offence be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month. 410 THE KEEPING OF HENS AND FOWLS Permit requir- ed for keeping fowls — dis- trict defined. Application for permit. Information and inspec- tion. Fowls not to be kept in cellars. Straying prohibited. Penalty. No. 10. THE KEEPING OF HENS AND FOWLS. 1. No hens or fowls of any kind shall be kept without a permit from the board, and only in such manner as the board directs within that portion of the City described as follows : — Beginning at a point formed at the junction of the pro- longation of the north side line of North Street with the western shore line of the harbor of Halifax; thence westerly by the said north line of North Street to Oxford Street; thence southerly by the western line of said street to Coburg road; thence easterly by the southern line of said street to Seymour Street; thence southerly by the western line of said street to Morris Street; thence easterly by the southern line of said street to Tower Koad ; thence southerly by the western line of said street to Inglis street ; thence easterly by the southern line of said street to the shore of the harbor of Halifax ; thence by the western shore of the harbor of Halifax to the place of beginning. 2. Any permit for the keeping of hens or fowls within the said district shall be granted only after application in writing for the same, and such application shall state the street and number of the place at which it is proposed to keep such hens or fowls and the approximate number of birds proposed to be kept. 3. The Board may require the applicant to furnish any information thought requisite as to the nature of the building and yard in which the hens are proposed to be kept and may from time to time inspect the same and may give directions as to the said building and yard and the manner in which the same shall be kept, and any permit may at any time be can- celled for non-compliance with the requirements of the board. 4. No hens or fowls shall be kept in any cellar or in any room of a dwelling house. 5. No hens or fowls shall be permitted or suffered to go upon any street or public place and any hen or fowl found on any street or public place shall be deemed and taken to be there by the permission of its owner or person in charge. 6 . Every person who contravenes or fails to comply with any provision of this by-law shall for each such offence be liable to a penalty not exceeding ten dollars and in default of payment to imprisonment for a period not exceeding one week. BARBER SHOPS AND HAIRDRESSING PARLORS 411 No. 11. HYGIENE IN BARBER SHOPS AND HAIR- DRESSING PARLORS. 1. Customers, where possible, should have their own individual , , razors, etc. razors, soap and brushes. 2. Razors and scissors in general use shall be sterilized sterilization by immersion in a solution of carbolic acid or lysol before and of implements after using. Clippers must be sterilized in alcohol at least once a day. 3. Hair brushes in general use shall, at least once a day, Hairbrushes, be immersed in a fresh solution of corrosive sublimate con- tained in an earthenware jaidiniere or enamelled dish, and afterwards rinsed in clean water and dried with a towel or heat. 4. Shaving brushes in common use shall be subjected to shaving the same treatment of immersion and afterwards rinsed m very hot water. 5. Shaving soap, applied from a cup in general use, shall ®oap. ins be thoroughly cleansed with boiling water, or an antiseptic soap powder must be used to produce lather. 6 . Powder shall only be applied by a blower, absorbent Powder, cotton or towel. 7 . Combs in use shall be frequently immersed in boiling Combs - water and thoroughly cleaned. 8. The barber or hair-dresser shall wash his hands f re- washing of quently, using soap, preferably carbolic, and a nail brush. 9. The use of the alum stick, frequently used to stop the Arnm^sUcks flow of blood,- shall be discontinued and replaced by calcined alum, a powder which can be applied on cotton wool, which shall be thrown away immediately afterwards. 10 . Yasel ine shall not be applied from a pot, but only vaseline, from a squeeze tube. 11» Sponges shall not be used. Sponges. 412 BARBER SHOPS AND HAIRDRESSING PARLORS Strops. Wrappers. Coats. Spitting on floor pro- hibited. Steaming towels. Sterilization vessels. Floors to be sprinkled and swept. Bath tubs. Running water. Copy of by- law to be exhibited. Penalty. 12 . Razor strops shall only he used for razors which have been previously disinfected. 13 . The hair-cutting wrapper shall be placed around the shoulders of customers and fastened with a safety pin or other device at the back, and clean towels shall be used about the neck to prevent hair from falling down. 14 . Every barber or hairdresser shall wear a coat or apron of a washable white material. The sleeves of the coat shall be comparatively short. 15 . Spittin g on the floor shall not be allowed. 16 . Where a steaming towel is used, a fresh one must be provided for each customer. 17 . For sterilization purposes, separate vessels must be provided for brushes and towels. 18 . At frequent intervals the floor shall be sprinkled with a disinfectant material or wet sawdust, and swept. The sweepings shall be placed in a covered receptacle, and the con- tents shall be burned every evening. 19 . Bath tubs, after use, shall be thoroughly rinsed or swished out with very hot water, and then thoroughly wiped with a. fresh towel. 20 . Every barber shop shall be equipped with running hot and cold water. 21 . A printed copy of the foregoing shall be conspic- uously displayed in every barber shop and hair-dressing establishment in the city. 22 . Any person who contravenes or fails to comply with any provision of the foregoing by-law respecting barber shops or hair dressing parlors shall, for each such offence, be liable to a penalty not exceeding one hundred dollars, and in default of payment to imprisonment for a period not exceeding three months. INDEXES INDEX TO CHARTER (A separate Index is provided for the City Ordinances and the By-Laws of the City Health Board.) Section Absence, vacates office of mayor, controller or alderman 92 Acclamation, election by 33 Accounts of city to close 30th April 329 year’s income and expenditure to be kept separate 330 separate bank account for each year 330 annual publication of 331 officials, when to account 332 Action, notice of, required 962 for violation of Building Act in name of City 831 none against city in respect to Building Act 835 Affidavit, of qualification of mayor or controller or alderman. . . 18-19 in city court, before whom made 171, 180, 203 Agent, candidate may appoint, oath of 51 oath of, by whom administered 52 Alarm of fire, false, penalty for 758 Aldermen, two for each ward 9 term of office 13 hold office till successor elected 15 certificate and affidavit to be filed 19 oath of office 20 acclamation, election by 33 casual vacancy 14 in office at time of Act 15 qualification of 16 nomination, see elections. disqualification for election, or being 21 after election 22 exceptions 24 penalty for serving after 23 for holding certain offices 150 election of, see elections. absence, vacates office 92 may be re-elected 89 may be elected mayor 90 disgraceful conduct of, vacates office 94 may resign office, how 91 are justices of the peace 112 liable for unauthorized debt or expenditure 366 Ancient lights 797 Appeal from assessment, how taken 392 of banks, companies, etc 401 after time elapsed, how obtained 406 may be taken by anyone notified 428 where property assessed after general assessment 432 from city court 223 Appeals Court of tax, how constituted 402 remuneration of members 402 to hear all appeals 403 sittings of, and adjournment 404 attendance before enforced by subpoena 405 hearings by, how conducted 407 powers and duties of 408-409 may state case for judge 410 assessors to carry out judgment of 411 judgment conclusive 412 ( 415 ) 416 INDEX TO CHARTER Section Appropriation, expenditure not to exceed 339-340 Arbitration, board of, when appointed 124 Arbitrators in case of expropriation 688 Arms of city, see ordinance. Assessment, commencement and completion of 369 property liable to 342, 370 exemptions from 371 of personal property less than $200 372 mortgages 373 stockholders in companies 374 unmarried women and widows 375 widows of members of fire companies 376 not to apply to water rates or betterments 377 of mortgagor and mortgagee in possession 379 real property at cash value 380 allowances 380 manufactories 378 personal property, interpretation of 383 money 383 ships 383 stocks 383 person in possession deemed owner 381 in transit, not assessed 382 real property, register of 384 books for 385 entries in 386 notice of form and service of 387 separate properties 388 date of 389 executors, trustees, co-tenants, etc 426-428 proof of service 390 form 391 non delivery not to affect assessment 475 appeals from 392 banks 393 companies 394-397 Halifax Tram Co 395 brokers, etc 396 company when taxes due 398 agents liable 399 partnership 420 trust property 421 deceased, realty of 422-423 personalty 425 infants or insane, personalty of 424 persons commencing business after general assessment 429 goods received for sale 430 rate and notices in such cases 431 appeals 432 information to be furnished assessor 433 assessment conclusive of what 412 omission from or invalid, how cured 473 error not to affect 474-476 forms may be altered by Council 434 court may adjust 478 extra — See Revenue special. Assessors, appointed, when 134 salaries of 327 real property, to keep register of 384 to carry out judgment on appeals 411 to fix rate 413 to make up rate book and poll book 414 sign and verify same 415-416 absence or illness provided for 415 to deliver rate book to collector 417 notices to pay rates, etc., to be made out by 418 to assess after general assessment, when 429-430 duties of, in respect to land to be sold for taxes 453 to furnish information for water rates 48 INDEX TO CHARTER 417 Section Assistant City Clerk to be deputy of clerk 113 duties of clerk to be performed by 166 engineer 567 solicitor 157 Auctioneer, license required by 526 Auditor, appointment of 134 salary . . 325 duties 326 to have custody of securities of officials 139 and report on same 140 and see Ordinance. Bail in police court 232 Ballot Boxes, to be furnished presiding officers 46 to be emptied and locked at opening of polls 53 to be returned to city clerk 70 to remain locked 21 days after polling 71 Papers, for election of mayor, controllers and aldermen ... 44 form and requirements of 44 to be stamped or sealed 45, 60 to be furnished to presiding officers 46 record of numbers furnished to be kept 47 materials for marking 48 how marked by voters 61 not to be taken from booth 63 spoiling 66 irregular, what are >. 67 counting of 67 in wrong box, to be counted 68 statement of, by clerk 69 to be returned to box after counting 70 for casual vacancy 88 Banks, how taxed 393, 398 Bedford Tramway 629 Betterment charges, lien for 651 Betterment, exemptions do not apply to 377 Billiard rooms, license required for 545 and see Ordinance. Bowling alleys, license required for 545 and see Ordinance. Billposters, license required for 547 and see Ordinance. Board of Control, constitution of 97 chairman of 98 meetings of 99 secretary of 100 meetings to be open 101 to discharge duties of former committees 102 revisors of Jury list 103 duties specified 104 may prepare ordinances 105 to report to council 106 decision to be approved by council 107 may be referred back 108 second time 109 when to stand 110 to prepare estimates 338 water estimates 485 member of trustees of sinking fund 358 regulation as to water rates, etc 525 to manage fire department 732 to be Board of Fire Escapes 760 member of trustees of fire superannuation fund 762 Boards, appointment of certain 124 Borrowing — See Loan. 27 418 TNDEX TO CHARTER Section Boundaries of wards 6 Broker, stock, taxation of 396 Buildings 777-843 interpretation of terms 777 application 778 bridge not included 778 quay, not included 778 wharf, not included 778 inspector of, appointment, qualification, etc 134, 779 substitute for 779 duties 780 alterations, to conform to act 782 fire, building damaged by 783 permit, required for erection or alteration 781 application for, what to state 784 plan to be furnished with 785 notice of 786 penalty for not taking out 787 classes of buildings 788 building district 789 third class buildings 790 no alteration of, without permit 791 not to be moved into building district 792 barn or stable not to be converted into dwelling. . . . 793 discretion of inspector 794 ordinances may be made with reference to 795 height of buildings 796 light 797 stagings 798 numbering 799 first class buildings 800 safe condition, buildings to be kept in 801 must be vacated if not 802 and repaired or removed 803 support must be given 804 excavations must be guarded 805 ventilation 806 tenement houses, walls of, in building district 807 area of land of, exposures, etc 808 ventilating transoms in 809 height of stories in 810 inflammables, building used for storage of, not to be used for dwelling . 811 ash and waste receptacles 812 watchman, when required in lodging houses 813 exit, lights at 813 egress, to roof, when required 814 sufficient in lodging houses, etc 815 two means of, when required 816 certificate as to, required f 817 explosives not to be kept near 818 fire escapes, strength of platforms of 819 elevators, to be approved 820 unsafe, use of, prohibited 820 certificate as to safety 820 boys not to operate 820 ordinances as to, may be made 820 water closets and privies 821 stable, not to be converted into dwelling 793-822 use to be authorized by Board of Health 822 when may be lived in 811 board of health to authorize in building district 822 grain elevators, in building district 789 permit required for 823 combustibles, building used for permit required 823 chemicals, building used for, permit required 823 INDEX TO CHARTER 419 Buildings (continued). Section engine, dynamo, etc 823 notice required in case of 823 conditions may be specified 823 schedule, first, all buildings to conform to 824 second, third class buildings to conform to 825 third, theatres, etc., to conform to 827 stresses for materials 826 theatres and public buildings 827 scaffoldings 828 ordinances may be made in respect to 829 contravention, penalty for, general 830 inspector to report 831 solicitor to take action 831 action for, may be amended 832 powers of court in 833 absent owner, notice in case of 834 ex parte proceedings 834 action, none against city 835 funds to remove or destroy 968 Young Avenue and Miller property, buildings on. See Young Avenue. By-laws — See Ordinances and By-laws. Cabs — See Hacks. Cabmen’s Shelter 666 Candidate for mayor, controller or alderman, qualification of 16 additional for mayor 17 qualifications, ho ( w authenticated 18-19 disqualifications 21 Cemeteries 699-711 enactments respecting confirmed 699 dead, where may be buried 700 Camp Hill, commissioners of appointed 124, 701 ordinances respecting power to make 702 congregational allotments 703 use of same 704 further division 706 titles to lots, record 705 keeper 707 fees on registry 708 external fences to be kept up by city 709 and see Ordinances. Jews, burial of poor 710 Fairview Cemetery Co., and R. C. Epis. Corp. agts. with confirmed. 711 Censure — See Council, and Ordinance, Rules of Order. Chairman, interptd ~ 2 Cheques, mayor to countersign 811 Chief of Police, interptd 2 appointment of 184 of fire department, appointment of 184 and see Fire Department. Chimneys, dangerous 759 Chimney sweeps 646 and see Ordinance. Citizens Free Library 731 City, interpreted 2 City auditor, city clerk, etc., see Auditor, clerk, etc. City Clerk interpreted 2 City Court 163-228 account to be furnished and copy served 173 already rendered or long 174 affidavit, before whom sworn 171, 180, 203 testimony in place of 204 adjournment for short service 107 of trial, how obtained 196 adjourned cases, tried first 198 420 INDEX TO CHARTER City Court ( continued ). Section alias and pluries writs 184 amendment, powers of 214 appeals from 225 form of bond on 223 applications, how made 208 assignee of chose in action may sue 178 bond^on appeal, form of 228 capias, form of 228 causes, list of, to be posted 192 to be called once only 193 dismissed if plaintiff does not answer 194 default, if defendant does not 195 adjourned to have priority 198 capias, affidavit for 179 clerk may take 180 arrest on 181 not to be executed out of Halifax County 171 setting aside 182 city, clerk, clerk of court 165 office hours 234 to have custody of records of 165 to issue process, etc., and attend sittings 165 assistant, to discharge duties of, when 166 concurrent writ 209 confession, judgment by 189 constitution and name 163 costs and fees, tariff of 217 by whom taxed 217 on default not to be taxed 217 when to belong to city 235 no jailer’s fees 236 credits to be given 174 adoption of, evidence of debits 213 damages, assessment of, on default 190 default, judgment by 190 opening up ; 207 defence, when to be filed and served 185 plea of tender 186 payment into Court or tender 187 acceptance or refusal of tender . 188 default of 190 deposit, when defendant out of city 178 depositions, de bene esse 199 evidence, kind of, at trials 199 executions, when returnable 219 - may be issued within five years 219 after that period how obtained 219 joint judgment 220 officer executing, to have powers of sheriff 221 indemnity to officer 222 imprisonment, where 225 form of 228 executor may sue or be sued 169 forms, affidavit for capias, bond on appeal, capias, execution. execution under Collection Act to take body, indorsement on capias. of deposit, notice to defend, subpoena, writ of summons. hours of 225 imprisonment under execution, where 225 judgment, by default 190 opening of 207 by whom entered 218 against one defendant wffien 209 INDEX TO CHARTER 421 City Court ( continued ). Section jurisdiction , 168 territorial 237 list of causes to be posted 192 to be called once only 193 marshal, to attend sittings, execute process, etc 162 notice to file defence 175 to produce 212 non-compliance with rules not to vitiate 216 oaths, by whom administered 202 officers, liable for failure to execute process 226 not liable for want of jurisdiction 227 opening judgment by default 207 payment or tender, defendant may make 187 into court 186 judgment in case of 188 particulars further and better, how obtained 211 process how issued, directed and served 171 produce, notice to 212 replevin, same as in Supreme Court 183 reply not necessary 210 rules stipendiary magistrate may make 224 seal, how engraved, custody, use of 167 service by whom may be made 162-171 service substituted 172 set off or counterclaim, statement to be filed 185 exceeding $80 166 sittings, when held 191 solicitor, name of, to claim or defence 201 city may act if no deputy stipendiary 164 stay of proceedings 208 stipendiary magistrate, or deputy, or city solicitor, to pre- side '164 subpoena 200 warrant for disobedience of 200 summons, writ of 171 substituted service 172 concurrent writs 209 account to be served with 173 notice indorsed thereon 175 when returnabl? 176 if served outside city 177 deposit with, when defendant outside city 178 technicalities not to prevent trial 206 technical objection not to be entertained 215 tender ; 186-188 territorial jurisdiction 237 witnesses, compelling attendance 200 depositions of 199 City Home 941-946 City Property. See Property. Civic year 328 Clerk, City, when appointed 134 duties of, generally 113 as to elections, see Elections. vacancy in office of, when filled 135 Clothes dealers from abroad, license required 537 Coal, measurement of 866 weighers, appointment of 137 and see Ordinance. Controllers, term, election, duties, salary 12 casual vacancy 14 qualifications 16 affidavit 19 oath of office 20 422 INDEX TO CHARTER Controllers ( continued ). Section disqualification 21 after election 22 penalty 23 exception 24 ineligible for office of emolument 25 election time for 26 justices of peace 112 eligible for re-elec .ion 89 mayor 90 may resign 91 absence, etc 92 Collector, interpreted 2 when appointed 134 to appoint sub-collectors 315 salary of 316 duties 317 responsible for collection of rate, etc 318 to collect within year 319 to pay over to treasurer daily 320 to make monthly return to council 321 duty on receipt of taxes 322 instalment of taxes, may receive 323 fees on statements and certificates 324 sales of land, duties on. See Sales of Land. Commissioners. See various titles. Committees and Boards. annually appointed 124 special may be appointed any time 125 nomination of, by mayor 126 council may reject 126 alderman ceasing to be such ceases to be member of 127 council may remove members of 128 vacancy, how filled 129 chairman, how appointed * 130 quorum 131 report 132 failure to 133 School Board, aldermen may be members of 150 account, required to 333 Common 712-726 commissioners of, appointment 124, 713 to manage Common and Gardens 712 constitution of board 713 president and vice do 714 rotation in office 715 vacancies 716 removal 717 title vested in city 718 to portions confirmed 720 of crown to portion on Camp Hill 721 buildings not to be put up without consent of Crown 719 exercising ground for troops 719 leaseholders 722 commutation in case of 723 lease of portion authorized 724 rentals, how appropriated 725 ordinances, power to make 726 Company, interpreted 2 Companies, taxation of 394-399 banks 393 certain specified — 394 Halifax Electric Tramway Co 395 stock broking 396 all other 397 taxes, when due 398 agents liable for 399 appeals by 401 INDEX TO CHARTER 423 Section Compulsory Attendance at School 908-940 interpretation of terms 908 private school, when may be approved 909 certificate of attendance in case of 917 army and navy, children of 910 transients 910 names of children to be ascertained 911 penalty for refusing 912 attendance at school required 913 parent to compel 914 absentee, teacher to report. . . . 915 proceedings to be instituted 916 certificate of board, evidence 918 truant, habitual, child refusing to attend 919 what shall be deemed 920 to be summoned 921 may be committed 922 hearing in case of, private 923 information to be evidence 924 suspension of commitment t 925 support of charge on city 926 and on person in charge 926 vagrants 927 death in family of 927 reformatories, open to inspection 930 school offenders, habitual 929 officer, appointment of '936 ordinance as to, Council may make 935 may be arrested without warrant 927 license to go at large 931 employment of children regulated 932 examination in case of, by board 933 list of children employed to be furnished 934 proceedings, board only to institute 937 evidence, information and register to be 938 penalty, general 939 Summary Convictions Act to apply 940 Consolidated Fund Acts, continued 343 debentures not affected 344 deficiency on sale to produce required amount 345 Constable interpreted 2 Contingent Fund, expenditure out of 341 Contract, to be sealed 6 Contractors, non-resident, license required 540 Continuing offences 967 Corporation, interpreted 4 constitution of 9 powers of 5 seal of ' 6 Council, interpreted 2 constitution of 9 powers of, continued 95 to act for city and have its powers 96 casual vacancy, how filled 86 to be declared by resolution 93 election for 87 shall appoint certain boards 124 absence to vacate seat in 92 expulsion from, for disgraceful conduct 94 may declare vacancy for 85, 93 clerk to be clerk of 113 to have custody of records 113 meetings, when held 114 mayor, to call when required 115 notice of 116 to be public 117 424 INDEX TO CHARTER Council, meetings ( continued ). Section to be presided over by whom 118 quorum 119 majority to decide when 120 two-thirds, meaning of 120 minutes of 121 regularity of, presumed 121 vacancy not to vitiate 122 notice, want of, not to vitiate 122 ordinance, in respect to, power to make 123 minutes, provisions as to 121 censure, member under no right to speak or vote 133 may prescribe duties and remuneration of officials 149 to authorize taxes 338 water estimates 485 to approve expenditure 341 may overrule veto 342 members liable for illegal expenditure or loan 366 action against 366 Court, City. See City Court. Police. See Police Court. Tax Appeals. See Appeals, Court of Tax. Creditors of city, not affected by repeal of acts 368 Dead, burial of. See Cemeteries. Debentures, not interfered with 344 liability for 367 Deputy Mayor. See various titles. Disgraceful conduct of mayor or alderman 94 Detective 255 Disqualification of mayor, controller or alderman 21 after election 22 penalty 23 exception 24 how election set aside for 85 of official for contracting with city 147 Dogs, license for 548 and see Ordinance. Drains, private, to be made at owner’s expense 633 subject to engineer 637 may be opened for inspection 638 or rebuilt by engineer 639 penalty for non-compliance 640 city not liable for discharge from 641 injury or obstruction of 642 spouts to be connected with 613-619 Drinking fountains 627 Education. See Schools. Election of mayor, controller and alderman 26, 94 acclamation 33 agent, appointment of by candidate and oath 51 ballot box, separate for mayor, controller and each aider- man 46 to be furnished by clerk 46 to be shewn empty at opening of poll 53 to remain locked 21 days after poll 71 ballot paper, clerk to print, form of, colors, etc 44 to furnish to presiding officer 46 record of, to be kept 47 materials for marking 48 to be stamped or sealed by clerk 45 otherwise not to be given to voter 60 how marked 61 voter not to be interfered with when marking 62 not to be taken from booth 63 spoiled, how dealt with 66 INDEX TO CHARTER 425 v Election of Mayor, etc. ( continued ). Section counting of 67 irregular, to be void 67 in wrong box to be counted 68 statements of . . 69 to be returned to box 70 casual vacancy 87 voting at 87 contested, how 84 corrupt practices at 84 declaration of number of votes at close of poJl 72 of election by clerk 73 fire companies, honorary members entitled to vote 40 firm, votes of members of 37 list corrected, &c 42 names of candidates to be declared at opening of poll 53 nominations, how made 30 papers to be signed and certified 31 to be filed 32 notice of date of, to be given 29 in case of contest 44 offences, by officials and agents 82 by voters 83 poll, when granted 34 time of opening and closing 53 poll book, to be furnished presiding officers 46 returned to clerk 70 poll clerk appointed by presiding officer 50 oath of 50 by whom administered 52 may vote where acting or by proxy 54 duties of 59 statement to be made by 69 polling places, clerk to determine number and locality of. . . 27 clerk to provide booths 43 only voters and officials to be present in 56 order, preservation of, at 57 secrecy of 43 presiding officer, appointment of 28 illness of 28 oath of 49 by whom administered 52 duties at opening of poll 53 may vote in person or by proxy 54 power to preserve order 57 to make explanations to voter 59 to count ballots 67 to return ballots and box to clerk 70 to declare number of votes 72 recount, to be by judge of County Court 75 notice of time and place 76 clerk, presiding officer poll clerk to attend 77 persons to be present at 78 judge to recount and decide on ballots 79 result to be delivered 80 tie, how dealt with 80 returns, how published 81 tie, proceedings in case of 74 casting vote, how given 74 recount 80 time of holding 26 vacancy, casual, how date of election for fixed 86 election in case of same as ordinary 87 voting at 87 nomination paper to specify vacancy 88 ballot paper for, separate and different color 88 426 IXDEX TO CHARTER Election of Mayor, etc. (continued). Section voter, qualification of 35 may vote in one ward only 36 firm, member of 37 no one otherwise unless assessed 38 non-resident 39 fire companies, honorary members of 40 list, preparation of 41 copy to be furnished presiding officer 46 two may administer oath 52 oath of 55 only one for each compartment to be in polling place 58 procedure when voting 59 marking ballot paper 61 not to be interfered with 62 illiterate or blind 64 when name has already been voted on 65 Electric Wires and Wiring, permit required for 754 defective 755 wires, how placed 756 ordinance in respect to power to make 757 and see Ordinance. Electrician, City, appointment of and duties 752 may inspect electric systems 753 and see Ordinances City Electrician, Electric Wires and Wiring, and Poles and Wires on Streets. Engineer, City, appointment 134 qualifications and salary 565 duties, generally 566 assistant 567 Entertainments, public, license required 544 and see Ordinance. Estimates, how and when prepared 338 reports to council 338 transmitted to assessors 338 expenditure confined to 339 for works, board to prepare 562 for water rates, see Water Rates 485 Exemptions from taxation. See Assessment. not to apply to water rates 377 or to betterments 377 Expenditure, joint of city and municipality 337 governed by estimates 339 not to exceed appropriation 340 to be approved by council 341 except wages and supplies below $40 341 and custom duties, freight charges, etc 341 and out of contingent fund 341 and salaries and other fixed expenditures 341 and instalments on contracts 341 and contracts to $500 341 and fee to U. C. M. and U. N. S. M 341 and entertainment distinguished visitors 341 veto of, by mayor 342 Expropriation of Lands 677-698 interpretation of terms 677 Council may purchase, purposes 678 may determine to expropriate 679 failure to answer offer equivalent to refusal 680 plan and description to be prepared 681 copy of same to be lodged in office of engineer 682 whole property may be taken 683 notice of intention to expropriate 684 mortgagee need not be served 684 resolution of expropriation 685 payment into court 685 copy of resolution to be registered 686 INDEX TO CHARTER 427 Expropriation of Lands ( continued ). Section title vested 687 possession, how obtained 687 arbitrators, appointment of 688 sale by consent 689 failure to appoint 690 payment of 691 compensation, how determined 692 any increase in, to be paid into court 693 money paid into court subject to liens 694 pa3'rnent out of court 695 registrar of deeds, fee for certificate 696 costs of application, city to pay 697 sale of expropriated land 698 Expulsion from Council 94 Fences on streets 626 Fence viewers 970 Fire alarm telegraph, wires of, may be attached to buildings 751 penalty for false alarm 758 Fires and Fire Department 732-776 Fire Department under Board of Control 732 expenditures by 733 estimate prepared by 734 report 735 chief officer 736 other officials 737 supernumeraries 737 chief to have control at fires 738 street to be roped off 739 buildings may be pulled down 740 premises may be broken into 741 dangerous premises, chief may enter to inspect 742 request to owner to make safe 743 notification to comply 744 penalty for non-compliance 745 apparatus not to be meddled with 746 right of way for apparatus 747 manufactories dangerous 748 ordinance, power to make 749 Union Protection Company 750 chimneys, etc., unsafe 759 building inspector to inspect after fire 780 Superannuation Fund, Fire Department 761-776 not to apply to call men, supernumeries 761 trustees of 762 how moneys drawn out 763 annual report 764 deficiency, how made up 765 contribution to 766 optional over 55 767 right to participate, after 10 years 768 after 30 years 769 on incapacity 770 voluntary retirement 771 dismissal 771 of wife or child in fund before superannuation 773 after superannuation 773 other dependents 774 thirty years employment 775 allowance paid quarterly 776 Fire Companies, members of, entitled to vote 40 Fire Escapes, Board of 760 Foreign seamen. See Police Court 238 Fountains, drinking 627 428 INDEX TO CHARTER Section Fund. Consolidated 343, 350 Reserve 351-353 Street 354 General Sinking 355-365 trustees of 358 treasurer 359 investment of 360 report 361 books and accounts open to inspection 362 trustees personally liable 363 court, powers of 364 Gardens. See Common. Gift enterprize, license required 538 Hacks and Trucks 550-560 hack defined, truck defined 550 regulated by board 551 board to enforce law 552 license required 553 how granted 553 term of 554 cancellation of . 555 number may be limited 556 stands 557 employment beyond city 558 ordinances, power to make 559 penalty 560 and see Ordinances on Hacks and Trucks. Halifax Electric Tramway, how taxed 395 Halifax Tram, funds to carry out routes required 969 Halifax Harbor, defined for city and police court 237 Halifax Industrial School. See Prisons and Reformatories. Hatchways on streets 578, 618 Health and Health Board. See Public Health. Intercolonial Railway, pole line 630 Ice Dealers, license required for 543 Incroachment on Streets. See Streets and Ordinance on Streets. Indemnity in certain cases 964-965 Industrial School, boys may be sent to 247 Inspection and measuring 947-949 measurers, etc., appointment 137, 947 Inspection Act to apply 948 salt, measurement of 949 Interest, on securities to form part of general revenue 334 on loans to be raised by taxation 350 on taxes 436 Interpretation, general 2 and see Various Titles. of stipendiary magistrate, police magistrate in other laws. . 159 Investigation into malfeasance of office by judge 151-154 Irregularities in assessment , 473-477 not to affect lien 479 or water rates 514 Jews, burial of poor 710 Junk Dealers, license required for 527-536 and see Ordinance. Juror, not disqualified by being citizen 963 Justices of peace, mayor, controller and aldermen to be 112 Juvenile offenders 244-246 INDEX TO CHARTER 429 Section Laws, to be enforced by mayor Ill Legislation interpreted 2 Library, Citizens 731 Licenses 526-560 how issued 549 every day’s Contravention a separate offence 549 burden of proof ' 549 Lien, rates and taxes to constitute on real property 447 not to extend beyond three years 448 on personal property 449 to be discharged upon personal property seized 450 when attach 451 for water rates 514 for sidewalk construction 615 paving 607 sewers 651 for betterment charges 651 notice of 651 full amount may be paid 651 provisions as to lien sales to apply 652 all charges to be retained 653 sale by owner, liability 654 Limitation of actions against city, six months 962 member of council, twelve months 366 Loans, short in anticipation of taxes 346 two-thirds vote required for 347 disapproval of mayor 347 to be paid by instalments 348 collection of instalments of 349 interest on, raised by taxation 350 act of 1902 c. 7, not to apply 365 none except by statute 366 property and funds of city liable 367 holders of, not prejudiced by repeal 368 acts respecting unrepealed 343 Lock-up 251 Manufactories, assessment of 378 dangerous, establishment of. . 687 Marshal, City appointment of, duties etc 162, 256 Mayor, interpreted 2 casual vacancy 14 hold office till successor elected 15 election, salary, term of office 10 re-election, not after three yearx in office 89 deputy 11 qualifications of 16-17 authentication of 18 oath of office 20 disqualification 21 after election 22 penalty for acting in case of 23 exceptions to 24 election of See Elections. absence, when will vacate office 92 disgraceful conduct, vacate office 85-94 controller, alderman may be elected with consent 90 duties of Ill justice of peace 112 official securities, to report on 140 liability in respect to 141 countersign cheques 311 Measuring, inspection and 947 Medical officer 871-876 Meters. See Water Rates. 430 INDEX TO CHARTER Section Miller property. See Young Avenue. Minutes. See Council. Non-resident contractors, license required from 540 North Fish market 656 Numbering of buildings 799 Obstructions in streets. See Streets and Street Ordinance. Offences, certain, in city 238 Officers of the city . 134 permanent, when appointed, term and dismissal 134 treasurer or clerk, vacancy to be filled in 30 days . . . 135 annual appointments, when and how made 137 action against 152 security by 138 where deposited, auditor to have custody 139 mayor to report on 140 liable for 141 to hold office until removed or successor appointed 144 acting without appointment, penalty for 145 mayor to inspect conduct of Ill officials, description of 3 vacancy, how filled 136 not to engage in other business 146 not to be contractor or surety 147 oath . . . 148 member of Council ineligible 150 when to account 332 ordinance regulating duties, power to make 149 mode of election 142 adjustment 143 Official plan of streets. See Streets 591-600 Ordinances and By-Laws, power to make. See Various Titles. Rules of Order of Council 123 Duties, etc., of officials 149 City Prison 243 Juvenile Offenders 246 Police 287 Accounts of committees, etc 333 Water, use, etc., of 525 Junk dealer and pawn brokers 535 Petty trades 541 Billiard rooms and bowling alleys 545 Chimneysweeps 546 Bill posters 547 Dogs 548 Hacks and trucks 559 Streets 631 City property 667 Water pipes 676 Camp Hill Cemetery 702 Common 728 Point Pleasant Park 729 Fire Department 749 Poles and wires 757 Fire alarm telegraph 757 Electric wiring and wiremen 757 Brick district 789 Third class buildings 795 Elevators 820 Scaffolds 829 Board of Health, by laws. . , 852-853 School Board, by laws 905 Habitual truants 935 City Home 946 Markets 950 Good rule and government 950 INDEX TO CHARTER 431 Ordinances and By-Laws ( continued ). Section notice of intention to pass required 951 to be read three times 952 two readings at- one sitting 953 power to make, includes repeal and amendment 954 penalty, general 955 approval by Governor-in-Council 957 copy to be transmitted 956 approval by silence 958 record book to be kept 959 proof of Ordinance, etc. . • 960 those herewith printed brought into force 961 Owner defined 3, 700 Patent medicine dealers, license required for 539 Pawn brokers, license required for 527 fee for 528 and see Ordinance. Paving. See Streets.. 606-610 Penalty, general, for ordinances 955 Pensions, not attachable 971 Person defined 2 Petty trades, license required for 541 and see Ordinance. Pipes in streets, city’s rights not affected 628 Point Pleasant Park 727-730 Poles in streets 756 and see Ordinance. Police, government of 252 may summon witnesses 253 may suspend or dismiss 261 appeal to Council from 261 chief, appointment of 134 need not be on force previously 254 powers and duties of 254 deputy 256 detective, appointment of and duties 255 assistant 255 marshal, deputy chief and other members, appointment of. 256 qualifications 256 remuneration 257 duties 259 inspection 260 discipline 261 deduction of pay for loss of time 262 retirement, compulsory 270 special, appointment of, etc 277 badge 278 remuneration 279 in case of riot mayor or stipcnd’y magistrate may appoint. 280 riot at public meeting, stipend’ry magistrate may appoint. 281 keeper of park may be appointed 282 persons exempt 283 penalty for refusing to act 284 powers and privileges of 285 oath of 286 assisting to arrest, penalty for not 233 ordinances regulating power to make 287 superannuation fund, trustees of 263 contributions to 264 how invested . . . 265 how withdrawn 266 annual report, treasurer to make 267 deficiency how made up 268 pensions 269 retirement, compulsory 270 disability, retirement in case of 271 432 INDEX TO CHARTER Police ( continued ) Section * widows and children 272-273-276 member resigning or dismissed, no claim 274 allowance payable quarterly 275 Reuben Shaw, allowance to 336 Robert Lehan 288 Nicholas Power 288 Police Court, defined 20 arrest without warrant, how dealt with 232, 238 on Sundays or after 3 o’clock 238 charges, without information 232 book of 232 how framed 232 bail in case of 232 clerk, to be clerk of 113 office hours '. . . 234 duties 231 crackers and fireworks not to be sold 238 deputy stipendiary, how appointed 161 when to preside 230 drunken or disorderly persons 238 drunken persons in public places 239 fees in court 232 for witnesses . . : 232 to belong to city 235 none to gaolers 236 firearms, discharging illegal 238 fireworks and bonfires prohibited 238 foreign seamen leaving ship 238 hours of 234 imbeciles, how dealt with 238 police, not assisting, penalty for 233 profane swearing 238 prosecutions, certain, when to be commenced 238 returns, to whom made 232 seamen, leaving ship 238 stipendiary magistrate to preside 229 to attend daily 230 deputy 230 Summary Convictions Act to apply 232 exceptions 232 Sunday violations of 238 territorial jurisdiction 237 witness fees 232 Poll tax 400 Point Pleasant Park, commissioners of 124 Poor, relief of 941-946 powers and duties of Board 941 city to be poor district 942 outdoor relief and pensions prohibited 942 Poor Relief Act to apply 943 bringing paupers into city prohibited 944 masters of vessels, etc., bringing in paupers 945 ordinances, power to make 946 and see Ordinance. Prisons and Reformatories. city prison, a common gaol 240 cost of prisoners therein 240 prisoners in to be kept at work 241 earnings of 242 ordinances, power to make 243 reformatory, part' of city prison for 244 juvenile offenders sent to 245 ordinance power to make 246 Industrial School and St. Patrick’s Home 247 INDEX TO CHARTER 433 - Prisons and Reformatories ( continued ). Section Good Shepherd, Reformatory of 248 Protestant, females 248 support of inmates 249 Council to fix limit 250 lock-up house 251 Property, City, under control of Board of Control 561 of what consists 561-655 North Fish Market, proceeds of 656 leasing of 657 Bedford Basin property 658 fuel yard 659 Stayners wharf 660 Isleville Engine house 661 certain lots, sale of 662 old exhibition moneys 663 City Market House, old, proceeds of 664 Dutch Village lots 665 cabmen’s shelter 666 ordinances, power to make 667 exemption from municipal taxes 966 Province defined 2 Public Health 844-870 name and constitution 844 government appointees 845 vacancy in 846- remuneration of 847 secretary 848 sanitary superintendent 849 other officials 850 entry of dwellings 851 by-laws, power to make 852-853 orders, power to make 854 disallowance of by Governor-in-Council 855 publication of 856 not to be quashed 857 employment of force 860 dwellings not erected where no sewer 862 unsanitary buildings 863 Cesspit, failure to close, &c 864 removal of persons having contagious diseases 861 penalty 858 recommendations, power to make 859 obnoxious trades 865 urgent matters 866 investigations 867 compensation for property 868 mortuary statistics, return of 869 appropriation and expenditure 870 and see By-laws. City Medical officer 871-876 appointment, qualification, etc 871 duties 872 subject to Council 873 fees of other practitioners 874 to attend infectious cases 875 quarantine 876 Quorum of Council 119 committee or board 131 Rate, how struck 413 book 414-417 and see Taxes. Recorder. See Solicitor, City. Re-election of mayor, controllers and aldermen 89 Reformatory. See Prison. 28 434 INDEX TO CHARIER Section Reserve Fund 351 payments into 352 use of 353 Resignation of controllers or aldermen 91 Reyenue, general, from sources other than taxes 334 from taxation 335 special 336 Saint Patrick’s Home. Boys may be sent to 247 Sales from vessels, license required 542 Sales of Land for taxes 452 list of delinquents to be prepared 452 assessors to check 453 notice to be given by collector 454 statement to be submitted to mayor 455 description of lots 455 certificate of mayor and warrant 456 forms 456 conclusive evidence 457 advertisement 458 adjournment of sale 459-461 sale to be by public auction 460 part of lot may be sold 460 after adjournment, sale to be held 461 purchaser, failing to complete sale, land again sold 462 certificate, collector’s, of sale. 463 to give title subject to redemption 464 purchaser not liable for damage 465 purchase money, application of 466 redemption by owner 467-469 deed, collector to give 470 form of 470 registration of 471 validity and tax presumed 472 effect of 472 leasehold property 472 not affected by irregularity ’ 475-477 if set aside, lien not affected 479 insolvent, property of, may be sold at end of one year 480 mortgagee, etc., may pay taxes 481 officials of city may not purchase 482 change of, proceedings not affected by 483, water rates, sale for 514 sidewalk assessments •. 615 paving assessments 607 sewers 648-650 Salt, measurement of : 949 Schools 877-907 payment to by city 336 Commissioners 877 School Board 878 appointment by Governor-in-Council 879 by City Council 880 members eligible for re-appointment 881 disqualifications 882 casual vacancies 883 failure of appointment . . 884 publication of appointments 885 chairman and vice-chairman 886 Committees 887 Secretary ’ 888 property vested in Board 889 sufficient school accommodation to be provided 890 school areas, apportionment of 891 co-operation with other schools 892 may purchase land, etc 893 INDEX TO CHARTER 435 Schools ( continued ) Section approval of Governor-in-Couneii required 893 may lease 894 insure 895 receive school grants 896 City Council to supply money 897 settlement of amount of estimates 898 payable by instalments 898 approval of Governor-in-Council 900 City Treasurer to pay amount . 899 objects of expenditure 900 debentures, stock city to issue, etc 901 to be charged on City 902 sinking fund for 903 Board may issue 904 by-laws, power to make 905 payment of commissioners 906 Education Act, not to conflict with 907 compulsory attendance at. See Compulsory att ndance at school. Seal of city 6 and see Ordinance. Seamen, leaving ship 238 Security by officials. See officials 13*8-141 Sewers 632 Board of Control to construct repair etc 561-632 private drains 633 discharge, where 634 no action for d scharge from 634 outlet to be located with reference to health 634 Governor-in-Council, hearing by 634 city not liable for damage 641 injury or obstruction, penalty 642 built only by. order of Council on recommendations 643 engineer to report 644 owners of properties, when to be notified to connect 635 may be required to do so 636 liability of for cost of construction 645 properties, what liable for sewerage rate 646 not otherwise liable, how chargeable 646 which have once paid not again liable 650 plan and list to be made 647 conclusive of liability 647 amendment of 647 copy for collector 647 sewerage rate, lien for 647 instalments 648 to be included when property sold for taxes 648 liens 651 full amount may be paid 651 account to be kept 649 previous payment to relieve from 650 Ship Building Commission, appointment of 124 Sidewalks. See Streets ’ 611-619 and see Street Ordinance. Sinking Fund 355 payments into 356 in connection with leases 387 Trustees of 358 Treasurer of 359 Investment of 360 report 361 books open 362 trustees liability 363 infringement restrained 364 436 INDEX TO CHARTER Section Solicitor, City, appointment, salary, etc 155 may practice 155 costs, may retain 155 duties 156 assistant 157 Spouts to be connected with drains 613-619 Stipendiary magistrate, defined 2 appointment 159 powers, tenure and salary 159 superannuation 160 to preside in city court 164 police 229 deputy, appointment, power, etc 161 to preside in city court 164 in police court 230 Steam rollers on streets 577 Streets 568-631 defined 2 under control of Board of Control 561 what vested in city 568 Council may lay out, etc 569 Council may sell on re-location 570 to be sixty feet wide 571 Yale Yukon right of way 572 maintenance of 573 engineer to make estimate 574 levels may be altered 575 may be temporarily closed 576 steam rollers on 577 hatchways 578 and see Street Ordinance. opening of permit required 579 water not to be discharged on 580 line of, how proved 585 obstruction and encroachments • 578 action to prevent ... 582-584 Council may order removal 586 not to be renewed 587 building close to 581 building line 589 to be graded before acceptance 601 official plan 591-600 ornamental lights 588 certain building lines confirmed 590 grading by city on petitions of owners 602 street in such case to vest 603 borrowing therefore 604 lien for cost 605 Sidewalks 611-616 may be covered 611 openings in such case 612 down spouts, connected 613 cost of covering, how paid 614 plan and list 615 lien on properties 615 curbs and gutters 616 payment into sinking fund 617 hatchways to be kept in repair 618 spouts to be connected 619 trees in 620-625 Paving 606-610 on petition of owners 606 plan list and lien 607 cost, how collected 608 accounts kept separately r 609 Council may pave without petition 640 fences 626 INDEX TO CHARTER 437 Sidewalks ( continued ). Section drinking fountains 627 pipes in, city’s rights preserved 628 certain tramways provision respecting 629 I. C. R. pole line 630 ordinances power to make 631 and see Street Ordinance. Street Fund 354 Superannuation of Officials 289-305 fund established 289 trustees, investment and audit 290 how drawn 291 report 292 deficiency, city to make good 293 contributions by officials 294 officials, over fifty-five, option 295 of City Works 296 retirement 297 retiring allowance of, after 30 years’ service 298 after 10 years’ service 299 voluntary retirement 300 death of, before superannuation 301 after 302 trustees’ discretion 303 existing officials 304 allowances payable quarterly 305 Superannuation Fund, Police. See Police * 263-275 to W. F. McCoy 158 Supreme Court, defined 2 Sweeps, chimney, license required for 546 Tax, defined 2 Taxes, assessment for. See Assessment. instalments, may be paid by 323 statement of fees for 324 to be authorized by Council 338 short collection, allowance for 338 banks and companies 393-399 poll 400 appeal in respect to. See Tax Appeals, Court of 401-411 notice to pay 418-419 collection of 435-446 when payable 435 discount 436 interest on overdue 436 remedies for recovery of 437 of person about to leave city, capias or distraint 438 Judicature Act to apply 439 of deceased person 440 assignment, composition in case of 441 . general warrant and form 442 distress, proceedings on 443 share in company 444 coin, debentures, etc 445 landlord may distrain for 446 sheriff or other person seizing, to pay 450 lien for. See Lien 447-451 sales for. See Sales of Land 452-467 Tramways on streets, certain 629 Treasurer, appointment of 134 vacancy to be filled in 30 days 135 security to be given by 138 salary, oath and responsibility 306 to receive all moneys 306 give receipts 307 pay on written orders 308 make monthly returns 309 438 INDEX TO CHARTER Treasurer ( continued ). Section deposits, to make daily 310 cheques, countersigned by mayor 311 bank book of city, to keep 311 account books. 312 yearly abstracts 3 13 copy 313 receipts, fee for duplicate 314 treasurer of funds. See titles throughout. Two thirds vote, meaning of 120 Trees in streets 620-625 Unexpended balance, disposal of 352 Union Protection Company 750 Union Canadian Municipalities, payment to 341 of Nova Scotia Municipalities 341 Vacancy casual 14, 86, 88, 93 Vessels, sales from, license for 542 Veto, of mayor on money vote 342-347 Voters. See Elections. Wanderers Grounds 724. Wards, boundaries of 7 docks and wharves included in '7 boundaries may be altered 8 Water, waste of prohibited 515 no liability for turning off 516 or reduction in rates 517 pipes, official, may enter to inspect 518 hydrants, water not to be taken from 519 frost, pipes to be protected from 520 fixtures in bad condition, water to be turned off. 521 meters 499-508 service pipes 671-674 Water Rates defined 2 exemptions not to apply to 377 power to levy 484 estimates, how prepared 485 sent to collector 488 general, how rated 486 fire protection 486 domestic 486 no property exempt 486 maximum and minimum 486 flats 486 properties outside the pipe line 486 dwelling and shop combined 487 copy as approved, sent collector 488 book of 489 rate of, Board of Control, to strike 490 collector to extend 491 special 492 not otherwise provided Board of Control may fix . . . 493 wharves on lease 494 shipping 495 determination of Board of Control subject to Council 496 to be entered in book 497 subsequent imposition of 498 meters, rates by, how fixed 499 book of 500 engineer may place 501 and shall in case of waste 502 and on request 503 to be read monthly 504 if thought incorrect 505 responsibility of owners 506 INDEX TO CHARTER 439 Water Ratess ( continued ). Section meters, private 507 reductions 508 rates, when payable 509 other rates 510 general notice to pay 511 proceedings subsequent thereto 512 warrants 513 certificate of collector to be evidence 513 lien on property 514 disputes respecting, how determined 522 special contracts, how terminated 523 annual report, Board of Control to make 524 by-laws, power to make 525 Water Works under control of Board of Control 561-669 the property of city 668 cost of management to be defrayed out of income 669 surplus maintenance to Sinking Fund 669 lands may be entered on 670 service pipes 671 properties not on line of street 672 additional 673 not to be laid at unsuitable season 674 contamination of, prohibited 675 ordinances, power to make 676 Works, to be under control of Board 561 report to Council 562 may expend up to $500 to pay salaries, etc 563 to prepare estimates of work 564 Wires, Electric, permit required 754 defective _ 755 poles and on streets 756 ordinance, power to make 757 and see Ordinances. Year, Civic, defined 328 Young Avenue and Miller Property 836-843 plans of buildings to be submitted 836 cost of buildings 837 design to be submitted 837 appeal to Council 838 result to be endorsed 839 shop, etc., buildings not to be used as 841 building line 842 Miller property, buildings on 840 building line for 843 I N DEX TO ORDINANCES OF THE CITY No 1 City Seal and Arms page 291 Sec motto 1 to be kept by clerk 2 when to be used 3 mayor to affix 4 fees for use 5 Coat of Arms 6 No. 2 Rules of Order of Council pages 291-299 Sec. Chairman 1 Quorum 2 adjournment 3 majority present to decide 4 two-thirds vote defined 5 minutes, etc 6 amendment of, by consent 7 amendment of, by motion 8 order of business 9 special meeting 10 special meeting, general business 11 members responsible for petitions 12 documents to be in writing and signed 13 how read 14 deferred business 15 outsider heard with permission 16 debate conduct of 17 right to speak, chairman decides 18 speeches, length of 19 interruptions prohibited 20 point of order 21-27 debate ceases until determined 22 explanations, leave for 23 opinion of solicitor 24 question of order, chairman to decide 25 insulting or improper language 26 removal from meeting 26 appeal to Council from point of order 27 disorderly persons 28 chairman debarred from debate 29 motions, what may be made 30 amendments to motions limited 31 motions put without debate 32 previous question 33 motion to adjourn 34 members not to vote when privately interested 35 each member required to vote 36 members not to leave meeting 37 (440) INDEX TO ORDINANCES 441 Rules of Order of Council ( continued ). Sec. motion 38 motion to be in writing if required 39 division of resolution 40 no debate on certain motions 41 Council to be asked if ready for question 42 names may be called for 43 chairman not to vote except on tie 44 postponing consideration 45 suspension of order of business 46 motion withdrawn only by consent 47 reading of motion 48 no debate while vote taken 49 reconsideration 50 none in certain cases 51 no second consideration 52 at special meeting 53 not to affect action if necessary 54 defeated motion reconsideration 55 motion to rescind notice required 56 eliciting information 57 miscellaneous business 58 rules of assembly to apply 59 suspension of rules by unanimous consent 60 No. 3 The City Auditor pages 299-302 Sec. Duties of auditor generally 1 to audit collector’s accounts monthly 2 to keep account of appropriations 3 to certify warrants if authorized by law 3 treasure# not to pay uncertified warrants 3 accounts to be submitted to committees 4 how paid. . 4 pay-list of Board of Control excepted 5 monthly inspection of accounts refusal to account, how dealt with 7 cash to be checked monthly 8 annual report 9 No. 4 Streets pages 302-313 Se . permits required for openings, conditions of 1 emergency ' 2 excavations, under sidewalks 3 lights required at 4 permanent 5 rentals of 6 trap doors in sidewalks 7 coal holes, etc 8 engineer may construct 9 gratings 10 steps 11 apertures to be guarded 12 penalty fn respect to openings 13 encumbrances and obstructions prohibited 14 closing of streets 15 penalty for traveling on closed street 16 porches, bay windows, etc 17 moving buildings, permit required 18 building material, placing of on streets 19 passage way round same 20 scaffoldings, permit required for 21 sign posts 22 awnings, plan required and conditions of . . . 23 442 INDEX TO ORDINANCES Streets ( continued ). Sec. goods for sale, prohibited on street 24 sign boards prohibited on street 24 goods not to be suspended to cause obstruction 25 obstructions, limited to necessary time 26 firewood, sawing of 27 penalty in respect to obstructions 28 vehicles, etc., prohibited on sidewalks 29 injuries to sidewalks, repair of 30 coal, etc., not to be dumped without protection 31 sidewalks and gutters to be kept clean by adjoining owners. 32 hand bills, etc., not to be scattered 33 rubbish, transportation of 34 sand and lime not to be mixed 35 hoisting and lowering of goods 36 garbage to be deposited in proper receptacles 37 shingles, slates, etc., must be properly lowered 38 windows, washing of 39 gutter bridges 40 penalty in respect to care and maintenance 41 drivers of vehicles to be on or by same 42 immoderate speed prohibited 43 horses, carts, etc., not to go on sidewalks 44 horses not to be trained on streets 45 stallions 45 horses not to stand on street longer than necessary 46 or obstruct crossings, etc ib vehicles without horses not to be left on streets 47 cattle and sheep on streets 48 trees, horses, etc., not to be fastened to 49 bells required for sleighs 50 left side to be taken 51 where vehicles may be stopped 52 lanterns 53 crossings not to be obstructed 54 vehicles not to be washed on streets 55 not to obstruct public places 56 tram cars standing still 56a siren use of 56b fire apparatus, right of way . . 56c collision, danger of 56d penalty in respect to horses, vehicles, etc 57 snow district 58 occupiers to remove snow 59 wide sidewalks, removal of snow on 60 time for removal of snow 61 snow from roofs 62 from yards 63 icicles 64 penalty in respect to removal of snow 65 indecent pictures 66 dogs fighting 67 rope walking 68 crowding 69 standing in groups ib coasting 70 games 71 improper language 72 challenging to fight 73 penalty 74 No. 5 City Electrician page 314 Sec. to be superintendent of fire alarm, and other electric wires. 1 to inspect wires 2 to see that street lamps are kept in good order 3 to test for electrolysis 4 other duties 5 INDEX TO ORDINANCES 448 No. 6 Fire Alarm Telegraph page 314 Sec. officials repairing not to be molested 1 no one but officials to meddle with 2 notice of alteration of buildings to be given 3 penalty 4 No. 7 Electric Wires and the Use of Electricity pages 314-318 Sec. current to be used only in conformity with ordinance 1 permits, when required 2 application for, city electrician to examine 3 valid only for time stated 4 electrician to be notified when work ready for inspection. . . 5 wires, etc., not to be used before being certified 6 current not to be supplied before permit 7 temporary permits 8 installation, inspection of 9 preliminary certificate 10 inspection of wires and apparatus 11 emergency repairs 12 National Board rules to be complied with 13 wiring examiners, board of 14 licensed wiremen 15 requirements for 16 certificated journeyman 17 application for license 18 change of location 19 journeyman not to do business as licensed wireman 20 exception for journeyman already such 21 wiremen held responsible 22 certificated journeymen only to be employed 23 bond for wiremen 24 only licensed or certificated persons to do business 25 cancellation of licenses or certificates 26 expiry of licenses 27 penalty 28 No. 8 Poles and Wires in the Streets pages 319-326 Sec. interpretation of terms “owner,” “engineer,” “street” 1 application of ordinance 2 engineer to have supervision 3 classes of wires 4 two lines of poles bearing wires of same class on one street prohibited 5 on same side of street prohibited 6 permit required for erection of poles 7 location of poles 8 material and style of poles 9 sizes and painting 10 heights 11 to run on one side of street only 12 removal of poles 13 new poles, when deposited 14 broken poles, dead wires, removal of 15 city may remove 16 insufficient poles 17 poles to be kept in repair IS location, not to be changed without permit ib may be changed by engineer 19 444 INDEX TO ORDINANCES Poles and Wires in the Streets ( continued ). Sec. sidewalk not to be broken without permit 20 whole pole must be removed 21 surface to be made good 22 cross arms 23 painting of, with initials of owner 24 spacing of 25 pins on 26 wires, how fastened 27 attachment and insulation 28 distance of, from pavement 29 from other wires 30 electric and power, insulation of 31 joints, insulation of 32 day circuits 33 arc lamps ib connections and crossings 34 insulation to be throughout 35 circuits to be tested 36 unused loops, insulation of. 37 lightning arresters , 38 one company not to use poles of another without permit. . . 39 existing poles, application in case of 40 permit in case of 41 city may use any pole not in use 42 two lines of same class, engineer to arrange 43 use by one company of poles of another 44 one company may replace insufficient pole of another 45 shifting of wires 46 city to have use of top of pole and upper cross arm 47 records to be filed, if required 48 aerial cables 49 advertisements prohibited 50 National Board rules 51 instructions of engineer, etc., to be followed 52 penalty 53 No. 9 City Prison pages 326-329 Sec. Board of Control to manage 1 member to visit monthly 2 accounts, how certified 3 how paid 4 superintendent 5 commitments to be in writing 6 record book to be kept, 7 male, female and juvenile prisoners to be kept separate. ... 8 cells to be numbered 9 prisoners to be locked in 10 cleanliness of prison 11 of prisoners : 12 bathing 13 wet clothes 14 wash house 15 uniform 16 diet and see Schedule 17 meal hours, conduct at 18 refractory prisoner 19 to be reported 20 punishment of 21 employment of prisoners 22 workrooms 23 outside employment 24 hours of labor 25 for meals 26 INDEX TO ORDINANCES 445 City Prison ( continued ). Sec. inspection of prison 27 visitors 28 ordinance to be posted up 29 No. 10 City Home pages 301-30& Sec. the Board of Control to superintend 1 accounts 2 supplies, how purchased 3 in case of emergency 4 board members to visit 5 officials of home 6 ward overseers 7 superintendent to have charge 8 to make out requisitions for supplies ib to examine all applicants for admission 9 regulate domestic management 10 enforce regulations 11 examine provisions 12 not permit intoxicants ib keep building clean and warm ib superintendent to pass bills 13 pay employees ib report insubordination 14 make monthly report 15 inspect supplies ib attendance of 16 matron, duties of 17 watchman, duties of 18 secretary, duties of 19 clerical work 20 to act as superintendent when superintendent is absent 21 engineer to have charge of heating apparatus, etc 22 attend to ventilation 23 exercise men in use of fire apparatus ib inspect closets and bath rooms ib supply steam and hot water 24 attend to repairs 25 storekeeper, duties of 26 doctor, duty of 27 to inspect inmates refusing to work 27 nurses, duties of 28 attendants, duties of 29 subordinate officials, duties of, generally 30 hours of rising and retiring 31 of labor 32 cleanliness required 33 visitors, hours for 34 leave of absence 35 religious services 36 improper language prohibited 37 kind treatment required 38 quarrelling prohibited 39 walls, etc., not to be defaced 40 clothing not to be taken into wards 41 children to be taken away with mother 42 property at death 43 discipline 44 drunkenness, punishment of 45 copy of rules to be kept posted 46 446 INDEX TO ORDINANCES The Common No. 11 Common to be under control of commissioners horses, cattle, etc., not to go at large . depositing earth, erecting booths, etc trees not to be injured vehicles to go only on roads penalty page 337 Sec. 1 2 3 4 5 6 No. 12 Point Pleasant Park page 337 Sec- Park keepers, appointment and powers of 1 horses, cattle, etc., may be impounded 2 rubbish not to be deposited *' 3 trees, etc., not to be injured ib good order to be preserved 4 arrest, park keepers may 5 automobiles not permitted 6 rights under lease preserved 7 No. 13 Camp Hill Cemetery pages 339-342 Sec. interpretation of terms “commission,” chairman,” “keeper,” 1 circular space reserved 2 alleys 3 transfer of lots, consent required 4 exchanges 5 recovery of price of lots 6 only owners to enclose, etc 7 lots to be used for burials only 8 marks of lots 9 permits required for burials 10 walls, railings, etc 11 commission to approve 12 to be kept in good condition 13 rubbish, grass, etc., not to be deposited in roads, etc 11 sepulchral structure, permit for work on 15 work to be done in accordance with 16 deposit in case of 17 encroaching branches, etc 18 dead trees 19 depth of graves 20 defacing tombs 21 power of closing 22 penalty 23 No. 14 The Regulation of Hacks pages 342-347 Sec . Board of Control to have control 1 license required 2 number limited 3 date of application 4 term of 5 license fee 6 transfer at death, etc 7 mode of application 8 class of vehicles 9 inspection 10 vehicles to be kept in good order 11 horses 12 licensed drivers 13 INDEX TO ORDINANCES 447 The Regulation of Hacks ( continued ) Sec. penalty for employing unlicensed drivers 14 dismissals to be reported 15 numbers 16 lamps 17 badges 18 to be supplied by city 19 delivery up of 20 soliciting without prohibited 21 owners or drivers only to solicit 22 stands 23 hacks to be upon 24 several hacks of one owner 25 berths 26 drivers to remain by teams 27 to be neat 28 not to use improper language 29 to preserve order at railway stations, etc 30 speed 31 dead bodies 32 fares 33 excessive, prohibited 34 penalty 35 No. 15 The Regulation of Trucks pages 347-350 Sec. Board of Control to have control 1 license required 2 term of 3 fee for 4 application for 5 inspection for 6 trucks to be kept in good order, etc 7 horses 8 boys not permitted as drivers 9 licensees responsible for drivers 10 box carts 11 side boards 12 names to be painted 13 stands 14 trucks to be on 15 berths 16 forfeiture of 17 employment, truckman not to refuse 18 public 19 unloading, truckmen to assist in 20 speed regulated 21 fares 22 penalty for excessive 23 penalty 24 No. 16 Bicycles page 350 Sec. Interpretation of terms “bicycle,” “tricycle,” “street” 1 gong or bell 2 warning of approach to be given 3 rule of road to be observed by bicycles 4 and by vehicles 5 lamps G injurious matter not to be thrown in streets 7 immoderate speed prohibited 8 two abreast, bicycles not to ride 9 sidewalks, use of, prohibited 10 road races 11 penalty 12 448 INDEX TO ORDINANCES No. 17 Omnibuses page 351 Sec. route and hours 1 fee for license 2 number and route to be painted 3 inspection 4 penalty 5 No. 18 Junk Dealers pages 352-354 Sec. license required 1 renewals ib fee for 2 pawn roker, separate license required for & place of business 4 separate license for each 5 not to be removed without permission 6 name of licensee to be painted up 7 purchases, where may be made 8 not *to be made from minor 9 hours for 10 inspection by police 11 inflammables 12 book to be kept 13 entries therein 14 copy for Chief of Police 15 false entry in, penalty for 16 bond required 17 penalty 18 No. 19 Public Billiard Rooms and Bowling Alleys pages 355-356 Sec. license required 1 how issued 2 fees for 3 hours 4 disorderly conduct prohibited 5 inspection 6 boys, employment of, regulated 7 cancellation of license 8 transfer 9 penalty 10 No. 20 Public Entertainments pages 356-358 Sec. license required 1 how issued 2 fees for 3 general 4 application for 5 mayor may exempt from 6 cancellation of 10 disorderly conduct prohibited 7 good order to be preserved 8 offensive persons, removal of 9 prevention of unlicensed entertainment 11 police officer to be in attendance 8 right to enter 12 penalty 13 not to exempt from license fee ib INDEX TO ORDINANCES 449 No. 21 Petty Trades page 359 Sec. particular trade to be specified in license 1 inspection of vehicles, etc 2 record 3 badges 4 to be used only by licensee or servants 5 wares not to be cried 6 penalty 7 fee 8 No. 22 Bill Posters and the Posting of Bills page 360 Sec. interpretation of terms 1 license required 2 terms of 3 renewals 4 fees for 5 badges 6 posting without license prohibited 7 scattering bills 8 obscene matter 9 penalty 10 No. 23 Chimney Sweeps page 361 Sec. license fee 1 rates 2 must sweep any chimney when requested 3 licensed sweeps only to be employed 4 liability in case of fire 5 book to be kept 6 boys not to be employed 7 soot 8 place of business 9 badges 10 penalty 11 No. 24 Dogs pages 362-365 Sec . interpretation of terms 1 registration required 2 between 1st May and 1st July 3 dog six months old 4 record to be kept 5 tags 6 penalty for not registering 7 running at large 8 capture of dogs at large 9 Public Gardens, dogs not allowed in 10 pounds 11 impounding of dogs 12 pound keeper’s duties 13 redemption of impounded dogs 14 sale 15 registration of dogs taken from pound 16 destruction of dogs 17 dog may be killed if capture impossible 18 malicious, etc., dogs 19 29 450 INDEX TO ORDINANCES No. 25 Horses, Cattle, Swine, etc., and Pounds pages 365-367 Sec- cow district 1 swine district 2 penalty for keeping cows or swine 3 pounds 4 keepers 5 straying prohibited 6 penalty for 7 impounding 8 record of animals impounded 9 No. 26 The Storage of Petroleum and Naptha page 367 Sec. petroleum warehouse 1 petroleum, etc., where to be stored 2 quantities regulated 3 penalty 4 No. 27 Weighing of Hay pages 368-369 Sec . hay weighers, appointment of 1 hay to be weighed 2 loose hay, how to be weighed 3 hours of weighers 4 record to be kept 5 certificate to be given 6 fees of weighers 7 penalty for removal of hay unweighed 8 for weigher 9 weight to be marked 10 allowance for shrinkage 11 No. 28 The Weighing of Coal and Coke page 369 Sec. coal weighers, appointment of 1 oath of 2 coal to be weighed 3 sales to be by ton 4 certificate 5 penalty for delivery unweighed 6 fees of weighers 7 weigher to attend at one place only 8 penalty for selling coal by false name 9 certificate of mine to be given 10 No. 29 The Early Closing of Shops page 370 Sec shops required to be closed, and hours 1 penalty 2 emergency excepted 3 No. 30 Citizen’s Free Library page 371 No. 31 Indecent Bathing .page 371 No. 32 Commutation of Common Lots page 372 Sec . prices to be paid 1 INDEX TO BY-LAWS OF CITY HEALTH BOARD Interpretation Generally page 375 No. 1 Prevention of Epidemic Disease page 375 Sec. blank forms for report to be provided 1 physicians to report infectious cases 2 householders to report 3 placard to be affixed 4 permit to enter infected house 5 clothing, etc., not to be removed 6 persons infected not to be removed 7 attendants, etc., to be isolated 8 suspected cases, action in case of 9 infected persons from abroad, isolation of 10 convalescents, certificate in case of 11 public conveyances, use of 12 disinfection of 13 infected clothing, bedding, etc 14 destruction of 15 infected houses, placarding of 16 teachers, notification of, by parents 17 by Board 18 to notify Medical Officer 19 temporary hospitals 20 regulation of 21 removal of infected persons to 22 removal of persons infected 23 burials 24 compulsory vaccination, interpretation of terms 25 vaccination required 26 certificate of ib unfitness for vaccination 27 insusceptible child 28 conscientious objections . 29 general vaccination 30 school children, certificates for 31 medical officer to attend for vaccination 32 tuberculosis declared infectious disease 33 physicians to report cases of 34 managers of schools, etc., to report 35 persons infected with, to observe regulations 36 expectoration prohibited 37 spittoons to be furnished ib penalty, general 38 ( 451 ) 452 INDEX TO BY-LAWS OF CITY HEALTH BOARD No. 2 The Sanitary Condition of Buildings page 384 Sec . house built on refuse 1 drainage into sewer 2 unsanitary condition, notice to remedy 3 buildings unfit for occupation 4 surface drains to be trapped 5 for one house only ib board may construct 6 drains, general requirements of 7 separate soil pipe and drain for each house 8 drainage connections 9 connections with private drains 10 weights of iron pipe 11 ferrule connections 12 weights of lead pipe 13 licensed plumbers only to lay water pipes 14 application for service pipes 15 separate pipe for each premises 16 depth of service pipes 17 requirements of law to be observed 18 weights of lead water pipe 19 pipes to be laid so as not to freeze 20 to be accessible 21 joints of ib protection from frost 22-23 leaky or improper pipes '. . 24 shutting off water if danger of frost 25 waste of water 26 pipes, etc., to be kept in good repair 27 stop cocks not to be covered 28 outdoor taps prohibited 29 water supply of stables, etc. . 30 urinals 31 w. c. pipes not to connect with other water pipes 32 w. c. valves and cisterns 33 permits for plumbing work 34 plans 35 to conform to requirements 36 time of permit 37 alterations in plan. 38 work without permit prohibited 39 inspection, time and mode of 40 right of access 41 appointment of in pector 42 inspector to be under direction of engineer 43 board of plumbing examiners 44 license to do plumbing 45 cancellation of license 46 term of license 47 qualifications 48 journeymen plumbers 49 application for license 50 change of location of business 51 journeyman becoming licensed plumber 52 licensees responsible 53 reports required 54 certificated journeymen only to be employed 55 bond 56 business without license or certificate p ohibited 57 faulty work to be made good 58 opening of street without permit prohibited 59 old fixtures, when may be continued 60 penalty 61 INDEX TO BY-LAWS OF CITY HEALTH BOARD 453 No. 3 Privies, Vaults, and the Removal of Night Soil page 39 Sec. privies prohibited where sewer laid 1 water closets in shops 2 vault not to communicate with sewer 3 construction of vaults and privies 4 filters 5 inspection 6 penalties 7 cleaning of vaults between 1st May and 1st November pro- hibited 8 not to be cleaned in summer 9 disinfection of vaults 10 mode of 11 permit for night soil men 12 inspection of appliances 13 night soil to be removed promptly 14 books to be kept by inspector 15 charges 16 board may notify to clean privy 17 penalty 18 No. 4 Refuse and its Removal page 400 Sec. refuse not to be thrown into street, etc 1 nuisances prohibited 2 house offal 3 stable manure 4 removal of offal 5 cellars to be cleaned by 1st May 6 ashes 7 public nuisances prohibited 8 penalty — and removal by Board 9 removal of dirt from premises 10 Board may permit or restrain nuisance 11 penalty 12 No. 5 Slaughter Houses page 403 Sec . inspection 1 permission from board required 2 revocation of 3 right of access 4 floors 5 blood, etc., not to escape into sewer 6 removal of 7 penalty 8 No. 6 Stables, Byres, etc page 404 Sec. construction and inspection 1 cleanliness 2 drains 3 penalty 4 No. 7 Milk Dealers page 405 Sec. interpretation 1 registration 2 unclean or impure milk 3 454 INDEX TO BY-LAWS OF CITY HEALTH BOARD Milk Dealers ( continued ) Sec. adulterated 3 kimmed milk 4 vessels to be clean 5 registration numbers to be displayed 6 keeping milk in rooms 7 iron vessels 7 inspection 8 wholesale dealer, name of 9 penalty 10 No. 8 Burials page 406 Sec. pe mit for burial 1 depth of grave 2 penalty 3 No. 9 Inspection and Sale of Food page 407 Sec. unsound food not to be sold 1 inspection 2 penalty for selling unsound food 3 meat, etc., to be kept covered 4 meat to be covered when carried through street 5 obstructing inspector, penalty for 6 fresh fish, permit required for sale of 7 how to be kept 8 entrails of, and disposal of 9 unsound, not to be sold 10 exposed for one day, not to be sold' 11 to be cleaned before sale 12 floors and tables for 13 cleanliness 14 not to be sold on sidewalks 15 inspection 16 cancellation of permits 17 penalty 18 No. 10 The Keeping of Hens and Fowls page 410 Sec. permit required 1 district 1 application for 2 information and inspection 3 not to be kept in cellars 4 straying prohibited 5 penalty 6 No. 11 Hygiene in Barber Shops page 411 Sec. individual implements etc 1 sterilization of 2 hair brushes 3 shaving brushes 4 soap 5 powder 6 combs 7 washing hands 8 alum stick prohibited 9 INDEX TO BY-LAWS OF CITY HEALTH BOARD 455 Hygiene in Barber Shops ( continued ) Sec. vaseline 10 sponges 11 strops 12 wrappers 13 coats 14 spitting prohibited 15 steaming towels 16 sterilization of vessels 17 floors to be kept clean 18 bathtubs 19 running water 20 by laws copy to be exhibited 21 penalty 22 i f£ (M A H 'm k§\\ } \ • -A ■ r ;•!■>. :•' • i^:-l\:y- ! . z?Jk S^N^feis «iiS-V7.. 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