CHAP. 49. in advance as they may deem reasonable for the proportion of highway labor or payments to which such persons may be liable; and may put up bars and fences to shut up streets while undergoing repairs; and may raise, sink, alter or new lay drains, water-courses, pipes and sewers, as they may think proper, causing as little detriment to individuals as the case will admit of; and may cause the courses of gutters, water courses or channels, running in or through the streets, to be altered as they shall think proper.

Fine for neglecting to keep gut

ters and streets in front of prem

ises clean.

Persons building may occupy

streets for material.

Wells and

pumps, how provided.

Nuisances and

encroachments

7. Persons residing within the foregoing limits respectively, shall keep the gutters and streets before the houses, buildings or land inhabited or occupied by them, free from dirt, filth and nuisance of every kind; and whenever any encumbrance or nuisance shall be found in any of the streets the person before or nearest whose house, building or land the same shall be, shall forfeit four dollars, and also pay the expense of removing the same; and any commissioner may cause the removal thereof without giving notice to the owner, or being in any way answerable therefor; but no person shall be liable to this penalty unless he shall have placed the nuisance or encumbrance in the street where found, or not having so placed it shall suffer the same to continue twenty-four hours.

8. Persons by leave of the commissioners may place in the streets materials for building, not to include ships, and erect posts, bars or enclosures for securing such materials, and continue the same for such time as the commissioners may give leave and in manner as they shall direct, and not longer or otherwise on pain of forfeiture.

9. The commissioners may cause wells to be dug and pumps to be placed therein, in the streets where they shall judge necessary and convenient, in manner as they shall direct.

10. The commissioners shall cause all things belonging liable to removal, to any building or cellar, or to any ground or enclosure thereof, which may occasion any nuisance, encroachment or annoyance in any street, to be removed or altered in manner approved by them or their surveyor; or, if it can be done without particular inconvenience to the public, may suffer the same to remain, upon the proprietor giving security that it shall not be repaired or rebuilt, and also paying to the commissioners a reasonable annual ground rent for the part of the street encroached on during the continuance of the encroachment.

Line of street, how protected in case of new buildings.

11. Persons intending to build upon or close to the line of a street, shall, before digging a foundation or begin. ning the building, apply to the commissioners to cause the line of the street to be defined and laid out, and shall defray

the expense of a surveyor, if necessary to employ one, CHAP. 49. and shall dig the foundation and erect the building within the line, avoiding any encroachment; and if any person shall erect a building upon the line of the street without making such application and having the line so ascertained, he shall forfeit forty dollars, and shall also remove the encroachment, or otherwise the commissioners may remove the same or take the steps by law allowed in cases of common nuisances.

12. When the commissioners shall have proceeded to Lines settled by jury in case of ascertain the line of the street on the application of any dispute; return, person about to build thereon, and he shall be dissatisfied how confirmed. with the line pointed out by the commissioners, a Judge of the Supreme Court shall, upon application of either party, issue a precept to the Sheriff or his deputy, to summon a jury of twelve disinterested freeholders to meet at some convenient day therein mentioned to view and lay out the line; and the jury shall have an oath administered to them by the Sheriff or his deputy, well and truly to lay out and establish the line of the street according to their best judgment and the witnesses tendered shall be sworn by the Sheriff or his deputy; and, if the jurors or either party require it, a new survey of the line shall be made; and the Sheriff or his deputy shall make a return forthwith under the hands of himself and the jurors to the Judge, who, if he shall approve thereof, shall confirm the return, and the same shall be filed in the office of the Clerk of the Peace; but if the Judge shall not approve of the return a new precept shall be issued, and further proceedings had thereon in manner prescribed as to the first precept, and so on until a return be confirmed; and the Judge shall direct how and by whom the expenses of the proceedings shall be paid, and the same shall be taxed by the Judge and shall not exceed forty dollars.

broken only by

writing; fine for

13. No person shall break up the soil of a street with- Boil of streets out first making application to the commissioners in permission in writing, specifying the purpose for which such breaking offences. up is required, and obtaining their permission therefor in writing; and the commissioners may impose such terms upon the person applying as the security of passengers shall appear to them to require; and any person acting contrary to this section or to terms imposed by the commissioners shall for every offence forfeit twenty dollars. 14. Every person who shall drive any carriage or ride Fine for riding over a side path, or roll or place heavy articles over or on side path. the same to the injury or obstruction of the side path, shall for every offence forfeit not less than one nor more than eight dollars.

or driving on

CHAP. 49.

bridge under

charge of commissioners.

15. The whole of the bridge over the Annapolis River Annapolis river at Bridgetown shall continue under the charge of the commissioners there, whose duty it shall be to see to the proper keeping and repair thereof; and they shall take such measures for preventing injury to the bridge and for bringing to punishment persons guilty of wilfully injuring the same as to them may appear expedient.

Sessions may set off districts.

commissioners.

16. The courts of general sessions are hereby em powered to set off by limits districts within their counties, and from time to time to alter the same, and to declare what number of commissioners of streets shall be appointed for Appointment of each district in manner following: the grand jury shall recommend double the number being residents in such districts, of whom the sessions shall select one-half, one of whom shall annually retire in the order in which his name stands on the recommendation list handed in by the grand jury; and, upon such retirement, two other residents shall be recommended in like manner, one of whom shall be selected by the sessions to supply the vacancy created by such retirement; and in case of the death, continued absence, or refusal to serve of any such commissioners, a special sessions may fill up such vacancy, subject to the confirmation of the grand jury and the general sessions at their next meeting; and any person appointed under this section who shall neglect his duty, or after notice of such appointment shall refuse or neglect to be sworn into office within fourteen days, shall forfeit and pay a fine of eight dollars.

Vacancies, how filled.

Bridges over

ding townships,

&c.

17. The sessions in setting off districts may include rivers within their limits any bridge now or hereafter to be built over any brook, stream or river, dividing any districts or townships, and may place such bridge or any part thereof under the charge of the commissioners having supervision within such districts.

Provisions of this

18. Upon being sworn to the faithful discharge of their chapter to apply. duty, all the provisions of this Chapter shall apply to the Commissioners to be appointed under the sixteenth

Vacancies, how filled up.

Powers of commissioners.

Money and fines, how recovered and applied.

section.

19. When vacancies of commissioners shall occur in the several districts or villages in the first section named, they shall be filled up and supplied under the sixteenth section.

20. The commissioners shall have all the powers by law vested in the surveyors of highways; and no surveyors of highways shall have any powers within the jurisdiction of such commissioners.

21. Moneys and forfeitures payable under the foregoing sections may be sued for and recovered by the commissioners in their name of office as commissioners of

streets for the place for which they have been appointed, CHAP. 50. or in the individual names of them or any of them in the same manner and with the like costs as if they were private debts, and when recovered shall be applied by the commissioners to the repair of the streets or other the purposes of this Chapter.

tion.

22. No action shall be commenced against the com- Notice of action against commis missioners or persons acting under them until twenty sioners; limitadays' notice in writing shall be given to one or more of the commissioners, nor after six months next after the act committed for which the action shall be brought; and every such action shall be laid and tried in the county within which the commissioners have jurisdiction.

terms.

23. The word "commissioners," when used in this Definition of Chapter, shall include the commissioners of streets or the major part of them within their respective jurisdictions, unless otherwise expressed or repugnant to the sense; and the word streets" shall include highways, lanes and bridges.

24. Sections five, fifteen, seventeen, and nineteen shall City of Halifex, not apply to the City of Halifax.

CHAPTER 50.

OF BRIDGES AND PUBLIC LANDINGS.

bridges under

sions.

1. The sessions shall have control of all public wharves Wharves, landand public landings, and of all draw-bridges, and also of ings, and certain the following other bridges, viz:-Lake Porter Bridge, in control of sesthe County of Halifax; the bridge over Sissiboo River, in the County of Digby, and the bridge over Bear River, dividing the counties of Annapolis and Digby, which latter bridge, for the purposes of this Chapter, shall be considered wholly in the County of Digby. The sessions may make orders for the preservation and proper keeping of such bridges, wharves and landings, and may appoint persons to superintend the same, who shall in such case be sworn to the faithful discharge of their duties before a justice of the peace; and the sessions may affix penalties for the breach of any such orders, not exceeding in any one case twelve dollars, and may also impose charges on vessels lying at, and goods landed on, such wharves or landings, and may direct the mode of recovery and application of such penalties and charges; but nothing herein contained shall affect rights conferred by any act of incorporation in relation to any such bridge, public wharf or public landing.

Draws to be

upon present

CHAP. 51. 2. The sessions, upon the presentment of the grand jury, are authorized to cause draws to be made in any of made in bridges the bridges erected or to be erected over any of the rivers ment of grand in this Province; and all such bridges so converted into draw-bridges, shall be thereafter subject to all the provisions of this Chapter; but nothing herein contained shall authorize the placing a draw in any bridge built under any charter or act of incorporation.

jury.

Ferries estab

lated by sessions.

Duty of ferry

men.

CHAPTER 51.

OF FERRIES.

1. The sessions may establish ferries over harbors. lished and regu- bays, rivers and creeks within their counties or districts, and agree with and grant licenses to ferrymen on one or both sides thereof, under the regulations and at the rates of ferriage by the sessions established or to be established. 2. Ferrymen shall keep safe and good boats or vessels in good repair and suitable for the ferry, and give ready attendance on the passengers according to the regulations. 3. Ferrymen not complying with the regulations or receiving more than the established rate of ferriage, or neglecting to keep boats or vessels or to give attendance as hereinbefore directed, shall forfeit for every offence not less than two dollars nor more than eight dollars; and shall be further liable to an action on the case for damage by any person sustained from the neglect.

Fine for neglect of duty; further liability.

Fine for interfering with fer

ges.

4. When a ferry has been established and the ferryryman's privile- man licensed, if any other person shall carry over the harbor, bay, river or creek, whereon the ferry is estab lished, any person, cattle or carriage for hire, unless by consent of the licensed ferryman, or on his not giving due attendance; he shall for every offence forfeit not less than one dollar nor more than four dollars to the use of the person sueing; and in default of goods whereon to levy, the person convicted shall be committed to jail for not less than five nor more than ten days, to be in the execution expressed, unless the amount shall be sooner paid; but if the licensed ferryman shall not give attendance pursuant to the regulations, then any other person may supply his place and receive pay as if licensed until another shall be appointed.