The defendants having been duly served with the scire facias in this suit, and it having been made to appear to this Court that the said C. D. hath not performed the condition of the recognizance entered into by him and the other defendants above named, it is hereby adjudged that the said recognizance is forfeited, and that execution do issue against the said defendants, or any of them, for the sum of being the debt and costs in this suit.

(S)

E. F., Clerk.

Execution.

To the Sheriff of

[L. S.] You are commanded of the goods and chattels of C. D., O. P., and R. S., or any of them, you cause to be made the sum of dollars, being the amount of debt and costs adjudged by the County Court of against the said defendants on their recognizance forfeited,and have that money at the next Term of the said Court on the next, to be paid to the Clerk of the Peace of the said County, and disposed of by him according to law; and for want of goods and chattels whereon to levy, take the bodies of the said C. D., O. P., and R. S., or any of them, and deliver them to the keeper of the gaol of the said County of

day of

to keep until the said sum of

Sheriff's fees, &c., be paid, or they the said C. R. S., be otherwise discharged by law, and hereof on the day last aforesaid.

dollars, and D., O. P., and make return

came and appeared before me, G. H., Esquire, a Justice of the Peace of the County of A. B. of and [her sureties], and acknowledged themselves jointly and severally indebted to the Queen in the sum of two hundred and fifty dollars, upon condition that if A. B. shall at all times until the hereinafter mentioned child attains the age of seven years, indemnify and save the Parish of and every

other Parish, City and Town in said County from all charges whatever, for or on account of the support of a bastard child charged upon one C. D. by the said A. B., the mother of the said child, then this recognizance to be void, otherwise to be in full force and effect.

Taken and acknowledged before me, this

A. D. 18.

day of

G. H., J. P.

(V) Attachment.

[L. S.]

To the Sheriff of

You are hereby commanded to take the body of A. B., and him safely keep until he shall pay over to the (City, Town, or County Treasurer of

as the case may be,) the sum of paid to the said A. B. by C. D., who was charged by E. F. as being the father of a bastard child, together with the costs of this attachment, amounting to the sum of and your fees upon this attachment, or until the said A, B. shall be discharged by due course of law. Judge of the County Court of

Witness

A. B. 18.

G. K., Clerk.

CHAPTER 104.

THE PUBLIC HEALTH.

Section.

26 What to be evidence of violation hereof.

1 This Chapter not to affect any 27 No offensive matter to be deposi matter within the power of

Section.

PART V.

Special Boards of Health.

47 Governor in Council mayestablish

special Boards of Health.

Section.

49 Regulations may be general or otherwise; copyof Royal Gazette to be evidence of such regulations.

48 Governor in Council may make 50 Regulations to have force of law. regulations for prevention or 51 Expenses, how paid.

spread of disease, &c.

PART I.

GENERAL.

1. Nothing in this Chapter shall be deemed or taken to affect any matter or thing being solely within the legislative power or authority of the Parliament of Canada; nor shall any bye law, rule, or regulation, or part thereof, repugnant to law or made in respect of or concerning any matter or thing being solely within the legislative power of the Parliament of Canada, whether such bye law, rule or regulation be made by a County Council or any Board of Health in this Chapter mentioned, be deemed of any force or effect whatever.

2. It shall be lawful for the Lieutenant Governor in Council from time to time to make rules, orders and regulations in reference to compulsory vaccination, including re-vaccination, in all or any of the Cities, incorporated Towns, and Parishes in the Province, imposing penalties not exceeding twenty dollars for non-compliance with or breach of any of the said rules, orders, and regulations.

3. The expense attending such vaccination shall be borne and paid as may be provided by any of such rules, orders, or regulations; and either wholly or in part by local taxation, or out of the Provincial Treasury.

4. Wherever any such rule, order or regulation shall direct that the whole or any part of the said expenses are to be borne and paid by local taxation, the Governor in Council shall have power by regulation to prescribe how and in what manner the rate to meet such expenses shall be made, levied and collected.

5. All such rules, orders and regulations shall from the time of their publication in the Royal Gazette of the Province, have the same force and effect as if they had been herein enacted.

C. A County Council at any semi-annual meeting or any special meeting called for that purpose, may appoint by war

rant under its seal as Health Officers two Physicians, and define and regulate their powers and duties, and establish their fees.

7. The County Council may make such regulations for the prevention or removal of nuisances injurious to health, for the promotion of cleanliness, and preventing the introduction or spreading of contagious or infectious distempers, or leprosy, or disease, as they may deem proper; and impose fines and penalties not exceeding in any case four hundred dollars.

8. A copy of all such regulations shall be forth with submitted to the Governor in Council, who may confirm or cancel all or any part of them; the same to be reported to the County Secretary, and not to take effect until so confirmed.

9. Any penalty imposed under the provisions of this Part of this Chapter, not exceeding eighty dollars, may be recov ered before any two Justices where the act or default may be committed; if exceeding that amount, by action in the Supreme or County Court; and in either case, upon affidavit made of the act or default, and that the defendant is about to leave the Province, a Justice, if a penalty does not exceed eighty dollars, or a Judge of the Supreme or County Court, if it does, shall issue a warrant for his arrest, and when arrested, shall cause him to enter into recognizance, with sufficient sureties, to appear and take his trial before the Court, or the Justices, as the case may be, and in default thereof to commit him to gaol to await his trial.

10. All penalties under this Part of this Chapter, or under any regulation made in pursuance thereof, shall be sued for and recovered in the name of the County Treasurer, and paid into the contingent funds of the County.

PART II.

THE BOARD OF HEALTH FOR THE CITY AND COUNTY OF

SAINT JOHN.

11. The Board of Health for the City and County of Saint John, as constituted at the time of the passing hereof, by Commission of the Governor in Council, shall remain and continue the Board of Health for such City and County, subject to the provisions of this Part of this Chapter, and such Board shall consist of not more than twelve members, who shall be residents of the said City and County; the first per son named in the Commission establishing the Board shall