CHAP. 57. each other according to the emergency of the case, and if unable to agree, the county council shall have power to make such order as may be agreeable to justice.

Payment of offi

cers.

Clerks and treasurers, rules concerning.

Portions for municipal government of

to township

138. In the case of the first election, each presiding officer shall receive in full for his services two dollars, and each poll clerk employed one dollar.

139. Each township municipality shall appoint a clerk and a treasurer, and shall prescribe their duties and the security to be given by each for fidelity in office; and the clerk shall perform within the municipal township all the duties by law required of town clerks.

may

140. The following sections, as far as the same are, or be applicable, and with such changes of terms as may counties applied be necessary to make them applicable to townships and municipalities. township municipalities, shall apply to township municipalities created under this Chapter, that is to say: sections eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-two, twenty-five, twenty nine, thirty, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-nine, forty, forty-two, fortyfour, forty-five, forty-six, forty-seven, fifty-four, fifty-five, sixty, sixty-four, sixty-eight, sixty-nine, seventy, seventyone, seventy-two, seventy-three, seventy-five, seventy-six, seventy-nine, eighty, eighty-one, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six, eighty-seven, eightyeight, ninety, ninety-one, ninety-five; also, so much of sections sixty-nine, seventy-three and ninety-four, as apply to townships or township business or officers; and also the following divisions or sub-sections of the sixty-sixth section viz., I., II., III., except as relates to provincial road money, and IX. to XVI., both inclusive, as far as applicable; and also the Schedule of oaths. The township council may, by resolution or bye-law, make regulations on the subject matters of the thirty-first and thirty-second sections; also, may determine what, if any, remuneration, shall be paid to the town reeve and town councillors for their attendance and services.

Words appli

construed as ap

ship.

141. When in the above portions of this Chapter the cable to county words county, or council, or municipality, or councillor, or plicable to town warden, or municipality clerk, or elector, or synonymous words occur, they shall respectively be construed to mean township or town council, or township municipality, or township councillor, or town reeve, or town clerk, as the case may be, unless otherwise expressed, or the sense forbid the change.

Sections incon

chapter shall

142. When municipal townships shall come into operasistent with this tion, the powers granted under the forty-third section, and other sections inconsistent with the sections from one hundred and twenty-five to one hundred and forty-two, inclusive, shall cease.

cease.

FOR ADAPTING THE COUNTY MUNICIPALITY TO TOWNSHIP

INCORPORATIONS.

CHAP. 57.

143. After township incorporations shall be adopted, On township and the municipal townships laid out and notified in any following secincorporated county or district, the sections next following operation. shall come into operation therein.

tions to go into

144. Thereafter in those counties or districts no elec- No election of tion of county councillors shall take place.

county councillors.

145. In such incorporated counties or districts, the Municipal countown reeves of the several municipal townships shall con- cil, how elected. stitute the municipal council; they shall continue in office two years, and until their successors are appointed, commencing their duties on the second Tuesday of December after the first and every subsequent general or bi-ennial election of town councillors, at which time the county councillors shall go out of office.

dens.

146. On the second Tuesday of December after the first. Election of warand after each subsequent general or bi-ennial election, the county council, and the recently elected town reeves, shall assemble at the county or district court house. The town reeves shall respectively exhibit and lodge with the county clerk a certificate of their election as township reeves, signed by the town clerk of the respective township municipalities, and they shall forthwith take the oath of office as county councillors, and then enter upon the duties of their office, and shall immediately proceed to elect by majority of votes from among themselves, a warden, who shall take the oath of office, and shall then enter upon the duties of his office, and who shall be subject to the twenty-first section; and in case the person so elected shall not qualify and serve in the said office, the county council shall choose, by a majority of votes from among themselves, a warden duly qualified, until one shall be found willing to serve.

147. The warden shall have all the authority of county Authority, &c. councillor; he shall hold office for two years, and there. of warden. after till his successor be appointed and has qualified; and he may be re-elected. Whenever a vacancy occurs during the term of office, by death, resignation, or otherwise, the council shall, at its first meeting thereafter, elect a warden for the remainder of the time. During the temporary absence of the warden his place may be filled by a chairman for the time being, with all the authority of the warden, to be chosen by the members present.

Elections, &c.,

power of coun

148. It is declared that the first municipal election in when held; any county or district hereafter to be incorporated, is to cils; relative take place on the third Tuesday of November next after and township

duties of county

councils.

CHAP. 57. its incorporation; and the first meeting of the county councillors then elected is to be held on the second Tuesday of December then next after. Until such first meeting of the county council, the existing authorities and modes of administering the affairs of the county, and of the townships and districts therein, are to continue in force. On the organization of the county council at that meeting, and from thence until their next succeeding annual meeting, the county council are to administer the affairs of the county, and of the townships and districts therein, under and in conformity with the provisions of this Chapter.

Township counillors; election

149. On the third Tuesday of November next after the f, powers of, &c. said first meeting of the county council, the first election of township councillors is to take place, instead of the election of county councillors; and on the fourth Tuesday of November next thereafter, the first meetings of the township councils are to be held, and on the second Tuesday of December then next following, being the second annual meeting of the county council, the newly constituted county council shall be organized, and thenceforth the administration of the county and the township affairs shall be separated, and all the powers and jurisdiction over township affairs, which are given to the county council, and which are given to the township councils, shall thereafter no longer be exercised by the county council, but shall exclusively be vested in and be exercised by the township municipalities; and all other the powers and jurisdiction given to the county municipalities and not herein given to the township municipalities, shall continue to be exclusively vested in and exercised by the county municipalities; provided that assessors, collectors, overseers and other ministerial officers, having duties commenced, and not completed, on the occasion of any of the said changes of authority and jurisdiction, shall continue to have legal authority for the completion of such duties, unless the council coming into authority shall otherwise order; and they shall make return, and account to such council according to its direction, and otherwise obey its authority.

SCHEDULE OF OATHS.

Oath of office, to be taken by all persons appointed to any office or duty under this Chapter for which no oath of office is specially provided.

I, A. B., do solemnly swear [or affirm, where the party is entitled to affirm,] that I will truly, faithfully and impar tially, to the best of my knowledge and ability, execute the office of [inserting the name of the office, as presiding

officer, or clerk of the elections, or warden, councillor, county CHAP. 57. clerk, &c., &c., as the case may be,] to which I have been elected [or appointed] in this municipality, and that I have not received, and will not receive any payment or reward, or promise of such, for the exercise of any partiality or malversation, or other undue execution of the said office. So help me God.

Oath of office for the auditors.

I, A. B., do solemnly swear [or affirm, when the party is entitled to affirm,] that I will faithfully and impartially to the best of my knowledge and ability, execute the office of auditor, to which I have been appointed in this municipality, and that I have not received, and will not receive, any payment or reward, or promise of such, for the exercise of any partiality or malversation, or other undue execution of the said office; and that I have not, during the time. preceding my appointment to the said office of auditor, and that I have not since, had, and that I have not now, directly or indirectly, any share or interest whatever in any contract or employment, with, by, or on behalf of the municipal corporation of So help me God.

Oath of qualification.

I, A. B., do swear, [or affirm] that I am a natural born [or naturalized] subject of Her Majesty, and that I am by law qualified to be elected to the office of

in the

municipality of according to the true intent of Chapter Fifty-seven of the Revised Statutes, and that a correct account, to the best of my knowledge and belief, of the property in respect whereof I claim to be so qualified, is contained in the schedule hereunto annexed. So help me God.

SCHEDULE A.

County of King's.

Each electoral district shall return two councillors, except the Aylesford district, which shall return four councillors.

County of Queen's.

Three councillors to be returned for electoral district number one.

County of Yarmouth.

In the district of Yarmouth three councillors shall be returned for electoral district number Two, and one councillor for electoral district number Four.

CHAP. 58.

TITLE XIV.

OF CERTAIN MUNICIPAL AND LOCAL
REGULATIONS.

CHAPTER 58.

OF TRUSTEES OF PUBLIC PROPERTY.

1. The grand jury in each county or district shall recommend six persons resident therein, out of whom the sessions shall appoint three to be trustees of public property; and the sessions upon the recommendation of the grand jury may remove them or any of them; and vacancies shall be supplied by the grand jury recommending double the number of persons necessary to supply the same, out of whom the sessions shall appoint the number required. The Clerk of the Peace shall keep a record of such appointments, removals and vacancies, and the dates thereof. Such trustees shall be a body corporate by the name of "The Trustees of Public Property for the County [or District] of

2. All lands granted, conveyed, reserved or dedicated or which may have been procured, or for twenty years before the passing of this Chapter shall have been used for public purposes in the county or district, whether for the site of any court house, jail or lock-up house, or for the public purposes of the county or district generally, with the buildings and appurtenances thereon or thereto belonging, and all lands and buildings hereafter procured or given for the public purposes of the county or district generally, shall vest in such trustees on their appointment, for the public uses for which the same may have been originally intended.

3. All such lands and buildings shall be leased and managed by the trustees under and subject to the control of the sessions.

4. No lease shall be made hereunder for a longer period than seven years.

5. The trustees may make bye-laws for the better regulation of such lands and buildings and affix penalties for breach thereof; but no bye-law shall be in force until approved by the sessions and filed with the Clerk of the Peace.